|Pages 263-279||Pages 300-320|
|WHEREAS the exigencies of the war require the farther emission of paper money until the act for calling in and redeeming the money now in circulation, and for emitting and funding new bills of credit according to the resolutions of congress of the eighteenth day of March last, shall have its operation: Be it therefore enacted by the General Assembly, That the treasurer of this commonwealth shall, and he is hereby directed and empowered to issue treasury notes in dollars, for any sum or sums which may be necessary for the publick exigencies until the bills of credit to be emitted agreeable to the said recited act shall be thrown into circulation; so that the sum or sums of money to be issued by authority hereof shall not exceed the sum of two millions of pounds. The treasurer shall cause the said notes to be engraved and printed in such manner and upon such paper as he shall judge best to secure them against counterfeits. The face of the notes thus to be emitted, shall read in manner following,||Further emission of treasury notes, or paper money, authorised.|
|viz. "No. −− −− Dollars. This bill of −− Dollars shall be exchanged and redeemed in Spanish milled Dollars, or the value in Gold or Silver at the rate of One for Forty, at the Treasury of Virginia on or before the last Day of December in the Year 1784, according to an act passed the fourteenth day of July, one thousand seven hundred and eighty," and on the back of the notes thus to be emitted, the treasurer shall cause such a device to be printed as will readily distinguish the said bills from any others heretofore emitted in this commonwealth. He shall also appoint proper persons to overlook the press, and to number and sign the said notes upon the best terms he can, always regarding to publish the names of such persons in the newspaper. The bills of credit to be emitted by virtue of this act shall be entered on the auditor's books to the treasurer's account, and be signed in the left hand corner by one of the auditors of publick accounts, or by one of their clerks, or by any assistant clerk to be appointed for this special purpose by the said auditors, who shall receive such an allowance for his trouble as they shall judge reasonable; without signature the said bills of credit shall not be current. That a fund may be established which will prove sufficiently productive for the redemption of the bills of credit to be emitted by virtue of this act, a tax or rate of one shilling for every glass window shall be paid by the proprietor of each inhabited house within this commonwealth in the month of September one thousand seven hundred and eighty one, and so on in each of the three next succeeding years. The assessors in each county and corporation within this commonwealth shall at the time of making their other assessment in the month of August one thousand seven hundred and eighty one, and in ths said month of August in every year during the continuance of this act, take an exact account of all the glass windows in each inhabited house within their respective districts or hundreds, and shall return a separate account thereof to the commissioners of the tax for their respective counties at the time when they are required to return an account of their assessment upon other property; which said commissioners shall also keep a separate account thereof, and deliver a copy to the collector of the taxes for their county on or before the first day of September|| Forty-for-one notes.|
|one thousand seven hundred and eighty one, and so on or before the first day of September in each of the other years in which this act shall continue to be in force. And the said collector shall proceed immediately to the collection thereof, in the same manner as by law he is directed to collect the taxes imposed by other acts, and shall account with and pay the same to the treasurer to this commonwealth, in the like manner and under the same penalty as is directed by an act passed this present session of assembly "For enabling the high sheriffs to proceed in a summary way against their deputies, and for other purposes." A like tax or rate of twenty shillings shall be paid on each and every deed of conveyance and mortgage for lands that shall be recorded in any of the courts within this commonwealth, by the person or persons to whom the same shall be made, from and after the first day of October next, and so for each of the three next succeeding years, where the quantity of land therein mentioned shall amount to four hundred acres or upwards; and where the deed of conveyance or mortgage shall be for a quantity of land not amounting to four hundred acres, a tax or rate of ten shilling shall be paid therefor by the person or persons to whom the same is made, from and after the period last mentioned, and for the term of three years next succeeding it (except for lots in towns, in which case the like rate or tax shall be paid on each and every deed of conveyance and mortgage whereby such lots are conveyed or mortgaged, by the person or persons to whom the same shall be made, as for deeds of conveyance and mortgages for four hundred acres of land and upwards.) The rate or tax hereby imposed upon deeds of conveyance and mortgages, shall be paid by the person or persons chargeable therewith, to the clerk of the court wherein such deed or mortgage shall be produced for proof, before the same shall be received, and without which payment the clerk shall not admit the same to record. A like rate or tax of eight shillings per hogshead from and after the first day of October next, and in each of the three next succeeding years, shall be paid by the exporter or exporters for each and every hogshead of tobacco by him, her, or them, to be exported either by land or water. Where the exporter or exporters intend to export tobacco by land,|| Tax on conveyances. |
On tobacco exported.
|he, she, or they, shall first make application to the clerk of that county court from whence the tobacco is to be taken, and give the said clerk an exact account thereof, together with the place to which he, she, or they intend to carry it; and shall upon each hogshead thus intended to be exported, pay down to such clerk the said rate or tax of eight shillings for each and every hogshead before the same shall be exported from this commonwealth. If any person or persons shall export by land, any tobacco contrary to this act, he, she, or they, so offending, shall forfeit and pay the sum of five hundred pounds for each hogshead of tobacco so exported, to be recovered with costs by action of debt or information in any court of record, one half to the informer, and the other half to the use of the commonwealth. And where the exporter or exporters intend to export such tobacco by water, he, she, or they shall, upon receiving each and every hogshead of tobacco from the inspector of the warehouse where the same was or shall be inspected, pay or cause to be paid to the said inspector, the rate or tax of eight shillings for each and every hogshead by him, her, or them, so received for that purpose, otherwise such inspector shall not deliver the said tobacco. Where any warehouse may by an act of this present session of assembly have been discontinued, and there shall be no inspector to deliver thereout the tobacco which may have been there inspected, the court of the county in which any such warehouse shall stand, may and they are hereby authorized and required to appoint some proper person to act as inspector, who shall do all the duties of an inspector, except inspecting tobacco, and shall receive the said rate or tax of eight shillings for every hogshead of tobacco by him to be delivered, and shall account for and pay the same, under the same penalties and by the same time and manner, that inspectors of tobacco are hereby called upon to do; and such person appointed by the court, together with every inspector of tobacco within this commonwealth, shall for his trouble receive five per cent. upon all monies by him to be received in consequence of this act. Every inspector of tobacco within this commonwealth, immediately after receiving information of this act, to wit: At the first court to be held thereafter for his county, shall take an oath before the said court, faithfully and truly to collect and account for all money|
|by him to be received by authority hereof. And shall moreover then and there enter into bond with approved security in the penalty of ten thousand pounds, to account for and pay into the treasury all and every sum or sums of money by him to be received in virtue of this act, in the months of May and October annually, during the continuance thereof; which bond shall be payable to the governour, and be immediately transmitted to the auditors of publick accounts, who shall, in case any inspector shall fail to comply with the condition thereof, move for judgment thereupon in any court of record within this commonwealth, having previously given ten days notice to such delinquent inspector. All duties heretofore imposed upon the exportation of tobacco, by any act or acts of general assembly, shall be, and the same are hereby repealed. A tax or duty of one penny per gallon shall from and after the first day of October in the present year, and during each of the three succeeding years, be paid by the importer or importers upon each and every gallon of rum or other spirits imported into this commonwealth, whether by land or by water; if imported by land, then the importer or importers thereof shall immediately on its arrival in this commonwealth, apply to the clerk of that county in which such rum or other spirits shall first arrive, give him an accurate account of the quantity, and pay to the said clerk one penny for each and every gallon by him, her, or them, so imported. And in case any importer or importers, shall bring or cause to be brought into this commonwealth, rum or other spirits by land, without complying with the directions of this act; such importer or importers, shall forfeit all rum and other spirits thus imported, and moreover shall pay to the informer, the sum of five shillings per gallon on the same, to be recovered with costs, by action of debt or information in any court of record within this commonwealth. If rum or spirits be imported by water, then the captain of the vessel or the owner thereof importing the same, shall before bulk is broken, and at the time the vessel bringing in the same is entered, pay to the naval officer in whose district such vessel shall enter, the said duty or tax of one penny per gallon upon all the rum and other spirits thus imported; or give bond with sufficient security payable to the naval officer of the district, for the use of the commonwealth, with a|| Tax or duty on liquors imported. |
Regulations for collecting.
|penalty in double the amount of the said duties, to pay the same within thirty days thereafter, and if any such bond shall be unpaid at the expiration of the said thirty days, the naval officer is hereby required to move for judgment on the same, at the next court to be held for his county, giving the obligors, or one of them, ten days previous notice of such motion, which court shall proceed to judgment, and immediately award execution thereupon, and the money so recovered shall be by the sheriff levying the execution (his fees bing first deducted) paid to the naval officer, who shall account for and pay the same to the treasurer, in the same manner, and under the like penalties, as is herein after directed for other duties. In case any captain or owner of a vessel importing into this commonwealth, rum or other spirits in such vessel, shall fail to comply with the directions of this act, such vessel with her cargo, tackle, apparel, and furniture, shall be forfeited and subject to confiscation. Each and every naval officer, before he enters upon the discharge of the duties hereby directed to be by him performed, shall appear before the court of his county, in the month of August or September next, and there enter into bond with approved security, in the penalty of ten thousand pounds, payable to the governour for the time being, for the use of the commonwealth, conditioned for the true and faithful collecting, accounting for, and paying into the treasury, all and every sum or sums by him to be received in virtue of this act; which payments shall by each and every naval officer, be made to the treasurer in the months of May and October next, and so in each of the three next succeeding years. And shall moreover before such court, at the same time take an oath, truly and faithfully to comply with the directions of this act. The clerk of the general court, and of each respective county court within this commonwealth, shall immediately after receiving information of this act, to wit: At the next court to be held thereafter, take an oath before the court under which he shall act, truly and faithfully to collect, account for, and pay into the treasury the several duties and taxes received or to be received by him in virtue of this act. truly and faithfully to collect, account for, and pay into the treasury the several duties and taxes received or to be received by him in virtue of this act. Each and every such clerk, shall in the months of May and October in the present year, pay into the treasury, and so on for each of the three succeeding years, all and|
|every sum or sums of money by him received for any tax or duty hereby imposed. And moreover at the time of taking the said oath, each and every such clerk shall enter into bond with approved security, in the penalty of ten thousand pounds, payable to the governour for the time being for the use of the commonwealth, conditioned for faithfully and truly accounting for and paying into the treasury the money to be by him collected in consequence hereof, at the respective periods aforesaid. Which bond, when thus taken, shall be by the said court before whom it is taken, transmitted to the auditors of publick accounts, who shall, and they are hereby authorized and empowered by motion, upon ten days previous notice to a delinquent clerk, in any court of record to obtain judgment against such clerk who shall fail to comply with the condition of his said bond. Each and every clerk for doing the duties imposed by this act, shall receive for his trouble five per centum on all duties and taxes by him collected under the same. If the events of war should render any of the aforesaid funds unproductive, then the houses and lands with their appurtenances in the city of Williamsburg, which have been heretofore used as a capitol, and palace, as also the publick lands in the county of James City, as well as those on the eastern shore, shall and the same are hereby ordered to be sold under the direction of the governour and council for gold or silver, or the bills of credit emitted by virtue of this act, which money arising from the sale thereof, shall be applied for the purpose of making good such deficiency. The taxes hereby imposed shall be paid by the respective persons chargeable therewith, in Spanish milled dollars at the rate of six shillings each, or in other gold or silver coin at a proportionable value, or in the bills of credit hereby to be emitted, at the rate of forty paper dollars for one Spanish milled dollar, or so in like proportion for other gold or silver coin. The notes or bills of credit to be by this act emitted, shall not be receivable by any collector for other taxes than those imposed hereby; and when thus received and paid into the treasury, they shall be burnt or otherwise destroyed under the direction of a committee, to consist of three proper persons to be appointed for that purpose by the governour with the advice of council; and all the gold and silver which|| |
If taxes prove unproductive, then the capitol and palace in Williamsburg, & the public lands in James City, and on the eastern shore to be sold.
|shall be received by the funds and taxes established by this act, shall remain in the treasury for the sole purpose of redeeming such of the aforesaid paper bills of credit as shall remain outstanding at the time herein before limited for the redemption of the same.|
|And be it farther enacted, That he or she shall be adjudged a felon and suffer death without benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note to be issued by virtue of this act; or who shall cause or procure such bill of credit or treasury note, to be forged or counterfeited, altered or erases; or shall aid or assist in forging or counterfeiting, altering, or erasing, such bill of credit or treasury note; or shall pass or tender, or shall cause or procure to be passed or tendered, any such bill of credit or treasury note in payment or exchange, knowing the same to have been forged or counterfeited, altered, or erases; or shall have in his or her custody or possession, any press, type, stamp, plate, or other instrument necessary to be used in the fabrication of any such bill of credit or treasury note, and not actually used in some publick printing office; or any paper with or without signature, on which the characters and words contained in a genuine bill of credit or treasury note are or shall be impressed or inscribed, in like order as they are in such bill of credit or treasury note; or any such bill of credit or treasury note, which hath been altered or erased, knowing the same to be altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered or erased bill of credit or treasury note, to two justices of the peace within five days after the same shall have come to his or her possession. Any person or persons charged with having been guilty of any one or more of the abovementioned offences, shall be prosecuted and tried in the manner as directed for the trial of the like offences, by an act of assembly passed in the year one thousand seven hundred and seventy nine, entitled "An act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, veniremen, and witnesses in certain cases.||Forging or counterfeiting,&c. paper money, death without clergy.|
| CHAP. XX.
An act for giving more adequate wages to scouts.
|[Chan. Rev. p. 128.]|
|I. WHEREAS the wages lowed to scouts for discovering the approach of the Indians, or any other enemy on the frontiers, as by an act of assembly entitled, "An act for providing against invasions and insurrections," is inadequate to their fatigue and trouble, Be it enacted, That every scout appointed as by the before recited act is directed, shall, in lieu of the former allowance, be entitled to, and receive, for every day he shall be employed in such service, seventeen and an half pounds of tobacco, to be paid in money, according to the valuation to the grand jury made immediately preceding the service of such scout.||Wages of scouts, rated in tobacco.|
|WHEREAS it is represented to the general assembly, that there are certain lands within the county of Kentuckey formerly belonging to British subjects, not yet sold under the law of escheats and forfeitures, which might at a future day be a valuable fund for the maintenance and education of youth, and it being the interest of this commonwealth always to promote and encourage every design which may tend to the improvement of the mind and the diffusion of useful knowledge, even among its most remote citizens, whose situation a barbarous neighbourhood and a savage intercourse might otherwise render unfriendly to science: Be it therefore enacted, That eight thousand acres of land, within the said county of Kentuckey, late the||Preamble.|
|property of Robert M'Kenzie, Henry Collins, and Alexander M'Kie, be, and the same are hereby vested in William Fleming, William Christian, John Todd, Stephen Trigg, Benjamin Logan, John Floyd, John May, Levi Todd, John Cowan, George Meriwether, John Cobbs, George Thomson, and Edmund Taylor, trustees, as a free donation from this commonwealth for the purpose of a publick school, or a seminary of learning, to be erected within the said county as soon as the circumstances of the county and the state of its funds will admit, and for no other purpose whatsoever: Saving and reserving to the said Robert M'Kenzie, Henry Collins, and Alexander M'Kie, and every of them, and all and every person or persons claiming under them, or either of them, all right and interest to the above mentioned lands, or any part thereof to which they may be by law entitled, and of which they shall in due time avail themselves, any thing herein contained to the contrary notwithstanding.||Certain escheated lands, in Kentucky county, vested in trustees for a public school.|
An act for dissolving several vestries, and electing overseers of the poor.
|[Chan. Rev. p. 128.]|
|I. WHEREAS great inconveniences have arisen from the mode prescribed for making provision for the poor and other duties of the vestries, as by law now directed in the counties of Rockbridge, Botetourt, Montgomery, Washington, Greenbrier, Augusta, and Frederick, Be it enacted by the General Assembly, That where any of the above enumerated counties have vestries, or other bodies vested with powers to provide for the poor, and such other parochial duties as have heretofore been exercised by the vestries, churchwardens, or other bodies of the respective parishes, Be it enacted, That the sheriffs of the said counties shall, at their respective courts to be held in the|| Preamble. |
Vestries in several counties dissolved.
Overseers to the poor to be elected for three years.
|month of October next (first giving twenty days previous notice thereof) proceed to elect five freeholders, resident in their said counties, to serve for three years, and be known by the name of Overseers of the Poor; in which election the said sheriffs shall observe the same rules, regulations, and rights of suffrage as were formerly used in the election of vestrymen; saving and reserving to the church now, and at all times hereafter, every right, title, or claim appertained thereto, as formerly reserved by an act entitled "An act for exempting the different societies of dissenters from contributing to the support and maintenance of the church of England, as by law established, and its ministers, and for other purposes therein mentioned."|
|II. And be it farther enacted, That the overseers of the poor, so to be chosen, or a majority of them, having first taken an oath in their respective counties, well and truly to execute the duties of their office, as well as the oath of fidelity to the state, shall be deemed a body politick and corporate, to sue and be sued, and be invested with all the power, and subject to the same penalties that the vestries or churchwardens formerly were liable to, and vested with, before the passing of this act. And in case of the death, resignation, removal, or refusal to act of any such overseer or overseers, the court of the county shall appoint some other person or persons in the room of such who shall so die, resign, remove, or refuse to act, who having taken the oaths as before directed, shall continue in office until the next general election of overseers. Twenty days before the October court, triannually, the sheriffs of the said counties respectively, shall in like manner give notice to the freeholders and housekeepers of each county, to meet at the courthouse, on the first day of the succeeding court, for the election of overseers of the poor, to act for other three years, and so from time to time, that a perpetual succession of such overseers may be kept up by triennial elections.|| To be a body politic & corporate, & succeed to the powers and
duties of vestries and church wardens. |
Vacancies, how supplied.
|III. And be it farther enacted, That the courts of the aforesaid counties shall direct their orders to the overseers of the poor to be elected by this act, in the same manner as they were formerly directed to the different vestries and churchwardens.||Elections, how made.|
|IV. And be it farther enacted, That if any sheriff shall fail or neglect to discharge his duty as is herein||Penalty on sheriffs neglecting to|
|before directed, he shall forfeit and pay five hundred pounds, to be recovered by action of debt, bill, plaint, or information, in any court of record in this commonwealth, one half to the informer, the other half to the use of the poor of the county in which such failure or neglect shall happen.||have elections triennially.|
|V. And be it farther enacted, That the present vestries of the counties aforesaid shall, on or before the first day of February next, make up and settle their accounts with the overseers of the poor of their respective counties, of all monies or tobacco by them levied or disbursed in virtue of the said office.||Former vestries to account with overseers.|
|[Chan. Rev. p. 129.]|
|I. WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy six entitled "An act for the inspection of pork, beef, flour, tar, pitch, and turpentine," expired on the twenty sixth day of June last; and it is expedient and necessary that the same should be revived and amended: Be it therefore enacted, That the act entitled "An act for the inspection of pork, beef, flour, tar, pitch, and turpentine," be revived and shall continue and be in force from and after the end of the present session of assembly, for and during the term of two years, and from thence to the end of the next session of assembly. And the several inspectors to be appointed in virtue of the said recited act, shall receive the following fees instead of those established by the same, to wit: For every barrel of pork or beef inspected and stamped, twenty shillings; for every barrel of tar, pitch, or turpentine, one dollar; for every barrel of flour containing two hundred and twenty pounds nett, or less, five shillings,|| Act for inspection of pork, beef, flour,
tar, pitch, and turpentine, revived and amended. |
|and in proportion for every cask of greater weight, and no more, to be paid down by the owner.|
|II. And be it farther enacted, That all the penalties and forfeitures to be incurred by the said recited act for failure or neglect of duty, shall be forty times as much as the respective sums of money specified in the said act, and shall be sued for and recovered in the same manner and applied to the same uses as therein directed.||Penalties altered.|
|FOR the purpose of introducing œconomy into all the various departments of government, and for conducting the publick business with the greatest expedition, Be it enacted by the General Assembly, That the act entitled "An act establishing a board of trade, and one other act establishing a board of war," be and the same are hereby repealed; and it shall and may be lawful for the governour with the advice of council, to demand and receive from the commissioners of the board of war and of the board of trade, all the records, papers, vouchers, and other documents which shall belong to the commonwealth, and which have been heretofore in the custody or keeping of the said boards, and upon receipt thereof, to grant all and every of the commissioners such full and proper acquittances or indemnifications for, or on account of their transactions during their continuance in office as shall seem just and reasonable, and to dispose of such records and||Acts establishing a board of war and a board of trade repealed.|
|papers, in such manner as they shall think proper. And that the business which was heretofore conducted by the boards of war and trade, may be executed with the greatest expedition, Be it enacted, That a commercial agent, a commissioner of the navy, and a commissioner of the war office, be appointed by the governour with advice of council. The said officers shall be under the controul and direction of the governour and council, and discharge the several duties which shall be by the executive adjudged to appertain to their respective offices, to whom they shall from time to time be amenable for their good conduct, and by whose direction they shall act in their several functions.||Commercial agent, commissioner of the navy, & commissioner of the war office to be appointed.|
|WHEREAS by an act of assembly entitled "An act for laying a tax, payable in certain enumerated commodities," every tithable within this commonwealth is chargeable with certain specifick commodities, payable on or before the thirty first day of March last, which act not having been promulgated, the courts of several counties had not timely notice to appoint commissioners and commissaries within the time prescribed by law; and in other counties where commissioners and commissaries have been appointed, the inclemency of the season and other unavoidable causes hath occasioned the said tax to be partially collected, for remedy whereof, Be it enacted, That every delinquent of the tax, due on or before the thirty first day of March last, shall, on or before the first day of October next, pay or deliver to the commissary of their respective districts the specifick commodities due as aforesaid, which, being paid, the said commissary's receipt shall||Further time allowed to pay taxes, in certain enumerated commodities called the specific tax.|
|be a discharge, other wise the commissioners shall immediately assess the value of such commodities due, and direct their respective sheriffs to proceed to collecting as by the aforesaid act is directed. And be it farther enacted, That the commissioners who shall be chosen in the months of August, September, or October next, by the before-mentioned act, shall have power, and they are hereby directed to carry this present act into execution. And be it farther enacted, That the commissioners and commissaries appointed, or to be appointed to receive the tax aforesaid, shall make an allowance of six per centum for all crop tobacco which they shall receive by virtue of this, or of the said recited act, to the person or persons paying the same.|
|WHEREAS sundry inhabitants of the county of Kentuckey have, at great expense and hazard, settled themselves upon certain lands at the falls of Ohio, said to be the property of John Connally, and have laid off a considerable part thereof into half acre lots for a town, and having settled thereon, have preferred petitions to this general assembly to establish the said town, Be it therefore enacted, That one thousand acres of land, being the forfeited property of the said John Connally, adjoining to the lands of John Campbell and −−− Taylor, be, and the same is hereby vested in John Todd, jun. Stephen Trigg, George Slaughter, John Floyd, William Pope, George Meriwether, Andrew Hines, James Sullivan, and Marshem Brashiers, gentlemen, trustees, to be by them, or any four of them laid off into lots of an half acre each, with convenient streets and publick lots, which shall be, and||Towns of Louisville, at falls of Ohio, in Kentucky county, and of Harrisonburg, in county of Rockingham established.|
|the same is hereby established a town by the name of Louisville. And be it farther enacted, That after the said lands shall be laid off into lots and streets, the said trustees, or any four of them, shall proceed to sell the said lots, or so many as they shall judge expedient, at publick auction, for the best price that can be had, the time and place of sale being previously advertised two months, at the court-houses of the adjacent counties, the purchases respectively to hold their said lots subject to the condition of building on each a dwelling house, sixteen feet by twenty at least, with a brick or stone chimney, to be finished within two years from the day of sale. And the said trustees or any four of them shall, and they are hereby empowered to convey the said lots to the purchasers thereof in fee simple, subject to the condition aforesaid, on payment of the money arising from such sale to the said trustees for the uses hereafter mentioned, that is to say: If the money arising from such sale shall amount to thirty dollars per acre, the whole shall be paid by the said trustees into the treasury of this commonwealth, and the overplus, if any, shall be lodged with the court of the county of Jefferson, to enable them to defray the expenses of erecting the publick buildings of the said county. Provided, That the owners of lost already drawn shall be entitled to the preference therein, upon paying to the said trustees the sum of thirty dollars for such half acre lot, and shall be thereafter subject to the same obligations of settling as other lot holders within the said town.|
|And be it farther enacted, That the said trustees, or the major part of them, shall have power, from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to settle such rules and orders for the regular building thereon as to them shall seem best and most convenient. And in case of death or removal from the county of any of the said trustees, the remaining trustees shall supply such vacancies by electing of others, from time to time, who shall be vested with the same powers as those already mentioned. And be it farther enacted, That the purchasers of the lots in the said town, so soon as they shall have saved the same according to their respective deeds of conveyance, shall have and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants|
|of other towns in this state not incorporated by charter have, hold and enjoy. And be it farther enacted, That if the purchaser of any lot shall fail to build thereon within the time before limited, the said trustees, or a major part of them, may thereupon enter into such lot, and may either sell the same again and apply the money towards repairing the streets, or in any other way for the benefit of the said town, or appropriate such lot to publick uses for the benefit of the inhabitants of the said town. Provided, That nothing herein contained shall extend to affect or injure the title of lands claimed by John Campbell, gentleman, or those persons whose lots have been laid off on his lands, but that their titles be, and remain suspended until the said John Campbell shall be relieved from his captivity.|
|And whereas it hath been represented to this present general assembly, that Thomas Harrison of the county of Rockingham hath laid off fifty acres of his land, where the courthouse for the said county now stands, into lots and streets which would be of great advantage to the inhabitants of that county if established a town for the reception of traders, Be it therefore enacted, That from and after the passing of this act, the said fifty acres of land so laid off as aforesaid, shall be, and the same is hereby established a town by the name of Harrisonburg; that the freeholders and inhabitants of the said town so soon as they shall have built upon and saved their lots according to the condition of their deeds of conveyance shall then be entitled to, and have and enjoy all the rights, privileges, and immunities granted to, or enjoyed by, the freeholders and inhabitants of other towns not incorporated.|
|WHEREAS there is reason to apprehend that an invasion is now meditating against the eastern frontiers of this state, and it is expedient to take every possible proclamation for preventing the fatal effects resulting therefrom, Be it therefore enacted, That the governour, with the advice of the council, be empowered to direct the county lieutenants or commanding officers of Princess Anne, Norfolk, Nansemond, Isle of Wight, Southampton, Surry, Sussex, and Prince George, to order one sixth part of their respective militias to hold themselves in constant readiness to march at a moment's warning, taking care in such arrangement to fix upon those who will most probably answer the purposes of this act. And if the said sixth part shall at any time be called out into actual duty, the several county lieutenants or commanding officers of the said counties shall, in like manner, order one other sixth part of their respective militias to hold themselves in the same readiness. Provided, That nothing herein contained shall preclude the governour and council, or commanding officer in any of the said counties from ordering out a greater part of the militia, if occasion shall require. And be it farther enacted, That the governour, with the advice of the council, do adopt the most speedy and effectual measures for completely arming and accoutring one third part of the militia in the aforesaid counties, taking care that there be sent therewith a proper quantity of ammunition. And that the said arms, accoutrements, and ammunition may be effectually preserved, Be it enacted, That the captain of each company shall take a receipt from every man to whom he delivers a gun, bayonet, cartouch box, powder, or ball; and every such person shall be liable to pay double the value of the same if lost, or damaged by his default, to be recovered in any court of record within this commonwealth. And every captain appointed to command such part of the said militia as|| |
Militia of certain counties called out for defence of eastern frontier.
|are hereby directed to hold themselves in readiness, shall once in every fortnight call them together at some convenient place within their respective counties, for the purpose of training and disciplining them; and also for the purpose of inspecting and examining the condition of their arms, ammunition, and accoutrements. And every officer and soldier called upon to perform the duties required by this act, shall, for every day they are in the execution thereof, either within or without their respective counties, be entitled to the pay allowed by an act of assembly entitled "An act for making provision against invasions and insurrections." Every county lieutenant or commanding officer, captain, lieutenant, ensign, non-commissioned officer or private, failing to perform the several duties enjoined by this act, shall, for every failure, forfeit and pay the following sums to the use of the commonwealth, to be recovered in any court of record, viz. The county lieutenant or commanding officer, one thousand pounds; a captain, five hundred pounds; a lieutenant, three hundred pounds; an ensign, two hundred pounds; a non-commissioned officer, one hundred pounds; and a private, fifty pounds.|
|And whereas it is indispensably necessary that there should be a marine force for the protection of the sea coast of this state, and of Chesapeake bay and its depending rivers within this commonwealth. Be it enacted, That the governour, with the advice of council, be empowered to direct the commissioner of the navy to order the ships Thetis, Tempest, Dragon, together with the brig Jefferson, to be immediately repaired, manned, and made ready for the defence of the bay and sea coast; and that the Henry galley be in like manner immediately repaired, manned, and made ready for the purpose of defending Hampton, Hampton Road, and the adjacent waters. And whereas it is necessary that no officer should be retained in the marine department but such as are properly qualified, in order therefore to produce this reform, Be it enacted, That a board shall be appointed by the governour, with the advice of council, to consist of the commissioner of the navy, and of six of the captains the most approved for their ability, any four of whom, together with the said commissioner of the navy shall be sufficient to constitute the said board, having been first fixed||Navy to be equipped & manned.|
|in their command in the navy by the governour, with the advice of council; and which said six captains, previous to their appointments to the said board, and before they proceed to business, shall take the following oath, to be administered by the eldest captain to the commissioner of the navy, and then by him to all the said captains: "I A. B. do swear that I will well and truly discharge the trust in me reposed for the purpose of producing a reform in the navy, agreeable to the intention of this act; and that I will do the same to the best of my skill and judgment, without favour, affection, or partiality." And whereas inconveniences have arisen from fixing the gallies Accomack and Diligence at certain stations, for remedy thereof, Be it enacted, that so much of an act of assembly as confines the said gallies to particular stations, is repealed; and that the governour, with the advice of council, be at liberty to employ them in such manner as in their judgment shall be most conducive to the general defence. And as an encouragement for sailors to enter into the marine service, Be it enacted, That there shall be paid to every person who shall enlist into the said service for the term of three years or during the war, a bounty of one thousand dollars, and two dollars per day, together with such other privileges and emoluments as are allowed by an act entitled "An act concerning soldiers, sailors, and marines." And whereas experience has evinced the great utility of marines, Be it enacted, That a body of three hundred men be recruited for that purpose, to be commanded by five captains and fifteen lieutenants, the said captains and subalterns to be appointed by the executive. And be it farther enacted, That the said captains, together with the subalterns and all other commissioned officers in the service of the navy, the master, surgeon, and surgeon's mate shall be entitled to the same pay and rations, the same privileges and emoluments, and rank in the same degree with officers of the like rank belonging to regiments heretofore raised for the internal defence of this state. And for settling the rank of such officers to be appointed as before directed, Be it enacted, That the captains and subalterns shall hold rank as shall be settled by the governour, with the advice of the council, according to the priority of the completion of their respective companies.|| Bounty, in lands, &c. |
Marines to be enlisted.
Pay and emoluments.
|And for the more speedy enlistment of the said marines, Be it enacted, that the captains and subalterns to be appointed for the marine department by virtue of this act shall immediately after their respective appointments, proceed to enlist their following quotas, that is to say: Every captain shall enlist twenty five men; ever first lieutenant, fifteen men; and every second lieutenant, twelve men; and every third lieutenant, eight men; and shall be at liberty to recruit the same in any part of this commonwealth, and shall receive one hundred dollars for every man so recruited, as a compensation for his trouble and expense in recruiting. And if any officer shall fail to recruit his quota of men on or before the first day of October next, the governour, with the advice of the council, shall take such measures therein as may seem most likely to expedite the rasing such quota, whether it be by continuing the same officer, or by making a new appointment; and whenever a new appointment shall be made, on the failure of any officer or officers to raise their respective quotas, the men enlisted by such officer or officers so failing, shall be delivered over to the next officer appointed to succeed him, he refunding to the officer who enlisted the same, such recruiting expenses. And to the end that recruits raised by virtue of this act may be conveniently received and passed, Be it enacted, That every captain or subaltern shall carry each recruit to the commanding officer or county lieutenant of the county in which he may have recruited him, who, upon the request of such captain or subaltern, shall examine such recruit, and pass a certificate for such and so many as they may judge to be able bodied and sufficient for the purpose. And as an encouragement for marines to enter into the said service, Be it enacted, That there shall be paid to each marine so enlisting for the term of three years or during the war, a bounty of one thousand dollars, and one dollar per day, and all other privileges and emoluments as are allowed by act concerning soldiers, sailors, and marines.|
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