|Pages 367-389||Pages 407-437|
| AT A |
BEGUN AND HELD
Thomas Jefferson, esq. governor.
An act to raise two legions for the defence of the state.
|WHEREAS at this critical juncture, when the enemy have made this state the object of their vengeance, it is necessary to provide a standing force, for the immediate defence thereof, It is therefore enacted, That two legions to consist each of six companies of infantry and one troop of cavalry, of one hundred men each, be forthwith raised to serve during the war, but not to take the field or to do duty except in cases of actual or threatened invasion, during which, they shall continually remain in the field, if the executive shall think proper, or except it be for the purpose of training, for which, the said legions shall be assembled by the commanding officer of each legion, when, and where he pleases, unless he shall be forbidden by the executive power of this state. Each company shall be commanded by a captain, two lieutenants, and one ensign, except|| Two legions to be raised. |
Number, officers and staff.
|* In the original none of the acts of this session are numbered by chapters, nor are they separated by sections. −− Such only as were published in the Chan. Rev. will be so noted in this edition.|
|the troops of cavalry, which shall have a cornet, in lieu of an ensign, and each legion by a lieutenant colonel commandant, two majors, and the whole by a brigadier general, to be chosen by joint ballot of both houses of assembly. The lieutenant colonels commandant, shall, with the concurrence of the field officers, appoint the other officers of the legions, who shall receive state commissions from the governour. The officers and men shall be governed by and subject to the continental articles of war, and each man shall sign an enlistment, to be devised by the commanding officer according to the terms of this act, and shall take the oath of allegiance to this commonwealth. Immediately after any invasion shall cease, or the business of training shall be over, the men shall be marched to some magazine, there to deliver their arms, ammunition, and accoutrements, under the direction of the lieutenant colonels commandant, who shall be answerable for them, and all other military stores delivered to their charge. The lieutenant colonels commandant shall supervise and direct the uniforming of their respective legions. The cavalry shall furnish their own horses, saddles, and bridles, but in case any horse shall be killed or ruined in the service, the state shall furnish another of equal value, provided such death or injury did not happen through the neglect or misconduct of the owner.|
|And to encourage men to engage in so useful a service, It is farther enacted, That all persons who shall serve in the said legends shall be exempt [exempted] from all militia duty and from all manner of drafts, except from the present draft; shall be clothed (except the commissioned officers) at the expense of the state, which clothes shall only be used whilst the legions are on duty or in service; shall receive the pay of continental troops whilst in service or under discipline, and half pay at all other time during the existence of the said legions, and be also allowed a present bounty of two thousand dollars, except the commissioned officers, who shall receive pay, rations, and forage, only whilst in service. All camp utensils, arms, and every military apparatus for the non-commissioned officers and soldiers, shall be furnished at the expense of the state, and shall whilst the men are out of service, be safely stored in some magazine to be provided for that purpose. The lieutenant||Pay and enoluments.|
|colonels commandant, may also appoint a surgeon and two mates for each of the said legions; who shall be paid in the same manner as above directed. The officers of the legions entitled thereto, shall receive the same forage as those of like rank in the continental army, and both officers and men shall be allowed the same rations, but under the same restrictions, both as to the forage and rations, as are established in the continental army.|
See ante p. 326, 338.
|WHEREAS through the interruption given by the present invasion, to the execution of two acts passed at the last session of assembly, the one entitled "An act for recruiting this state's quota of troops to serve in the continental army," and the other "An act for supplying the army with clothes, provisions, and waggons;" the said acts have in many counties been wholly suspended, and in others are proceeded on under great doubts and obstacles, insomuch that the time limited for the execution thereof, may expire before the said recited acts can be carried into full effect. And where as the zeal of many counties hath, in compliance with a recommendation of the executive, led them to proceed in the execution of the said recited acts, whereby the instruments of the law may be subject to cavil and vexation from individuals, for remedy whereof Be||Further time allowed to execute the acts of the last session, for recruiting this state's quota of troops for the continental army; and for supplying the army with clothes, provisions and waggons.|
|it enacted by the General Assembly, That in any county where the execution of the said recited acts or either of them shall have been suspended or delayed, it shall and may be lawful for the magistrates, militia officers, commissioners, assessors, sheriffs, collectors, and other persons, charged with the execution thereof, immediately after the receipt of this act, to proceed thereto, in the same manner as they might have done by virtue of the said recited acts or either of them, having regard to the particular periods limited both for the commencement and for the execution of any particular duty therein required. Provided nevertheless, That the governour is hereby empowered, by and with the advice of council, to suspend in any particular county or counties, the operation of both or either of the said acts for so long a time as to them shall appear necessary and expedient.|
|And whereas so much of the said last recited act as relates to the live beef to be furnished by the divisions, requires explanation and amendment, It is farther enacted, That the executive shall call for the said beef whenever the publick necessities shall demand it, giving previous notice as is therein directed, and if it shall so happen that the said beef shall be required after the extraordinary court for punishing delinquencies shall have past, the respective county courts are hereby vested with the same powers as the said extraordinary court possessed, and shall at their sessions next succeeding any delinquency under the said last recited act, punish the same and remedy the inconveniencies to be derived therefrom, in the same manner as such extraordinary court might have done under the said act. All beeves to be furnished under the said act, shall weigh at least three hundred, including the fifth quarter; provided that any two or more divisions may jointly furnish their beef so that they do on an average weigh three hundred. And provided also, that if any division shall furnish a beef adjudged to be of a greater weight, that the person furnishing the same, shall receive a certificate for the overplus from the receiver, which shall be settled by the auditors and paid for out of the treasury; the said receiver furnishing the auditors with a list of such certificates, by which to adjust the said claims.|
|And be it farther enacted, That all and every person or persons charged with the execution of the said recited|
|acts, who may have proceeded in that duty agreeable to the recommendation made by the executive, notwithstanding the expiration of the time limited for that purpose by the said recited acts, or either of them, shall be and they are hereby exonerated from all loss, injury, or damage, in consequence of such procedure; and that in case of any such action, suit, or prosecution, commenced or to be commenced thereupon, the defendant or defendants may plead the general issue and give this act in evidence.|
|And be it farther enacted, That all persons directed to carry into execution the said recited acts, or either of them, shall perform the same duties on their revival by this act as if they had never expired, and shall respectively for any omission or neglect of duty, be subject to the same penalties and forfeitures as in and by the said recited acts or either of them are imposed or inflicted, to be recoverable in the manner as therein prescribed. And be it enacted, That no distress for the tax of two per centum on property valued in specie shall be made by any collector on the estate of any person in actual service, as a militia man, but the said tax shall be suspended, for and during the time of service in which the citizens of this commonwealth are respectively engaged in the militia, and no longer.|| Tax on militia, in actual service
|And whereas great abuses have been committed by persons called on to appraise provisions for the use of the militia when called into actual service, Be it farther enacted, That the auditors for publick accounts, on every such certificate produced to them, allow no greater price than is fixed by the act entitled "An act to revive and amend an act for procuring a supply of provisions and other necessaries for the use of the army."|
| CHAP. III. |
An act for ascertaining the number of militia in this state.
|BE it enacted by the General Assembly, That the county lieutenant or commanding officer of every county in this commonwealth, be directed to transmit to the governour before the twentieth day of June, an exact account of the present numbers of their respective militias. That for this purpose, they call immediately upon the several captains or commanding officers of the respective companies in their several counties, for an exact list of each company, distinguishing all such as are under eighteen years of age. Any county lieutenant or commanding officer failing so to do, shall forfeit and pay ten thousand pounds weight of tobacco, and every colonel, lieutenant colonel, major, captain, or commanding officer of a company, failing to return such list when called upon for it, shall forfeit and pay five thousand pounds weight of tobacco, to be recovered with cost, by bill, plaint, or information, in the court of the county where the neglect shall take place, and be applied to lessen the levy of such county. And be it farther enacted, That this act shall be forthwith printed, and sent by the executive to the county lieutenant or commanding officer of every county in this state.|| Returns of strength of militia to be
forthwith made. |
Penalty on officers for neglect.
| CHAP. IV. |
An act to exempt artificers employed at iron works from militia duty.
|BE it enacted by the General Assembly, That every artificer actually and necessarily employed at any iron works in this state, shall be exempted from all military duty, during the time they are so employed; and that such and so many waggons or other carriages with their teams and drivers, as are also actually and necessarily employed at such works, shall be exempted from all impresses for publick service during such employment, any law to the contrary notwithstanding. This act shall continue and be in force until the end of the next session of assembly, and no longer.||Artificers employed at iron works exempted from militia duty.|
|WHEREAS the crime of counterfeiting the paper money of this state and of the United States in general, is highly prejudicial to the circulation of the same, and it is necessary that all persons guilty thereof should be punished in the most exemplary manner, Be it therefore enacted, That he or she shall be adjudged a felon and shall suffer death without benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note which hath been emitted or shall hereafter be emitted by congress or this state [the state] or any of the United States, or who shall cause or procure such bill of credit or treasury note to be forged or counterfeited, altered or erased, or shall aid or assist in||Forging or counterfeiting paper money of this state [the state] or of congress, death without clergy.|
|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 erased, or shall have in his or her custody or possession any press, types, 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 or words that are 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 have been 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, any person or persons charged with having been guilty of any one or more of the above mentioned offences, shall be prosecuted and tried in the manner as directed for the trial of like offences, by an act of assembly passed in the year of our Lord, 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, venire-men, and witnesses, in certain cases."|
|And be it farther enacted, That all the paper bills of credit which hath been emitted or shall hereafter be emitted by congress, and all bills of credit which have been heretofore emitted by this state, also all bills of credit that the governour with advice of council hath been empowered to emit, as well as all such bills as shall be emitted by any act or vote of this present session of assembly, shall to all intents and purposes, be a legal tender in discharge to all debt and contracts whatsoever, except specifick contracts, expressing the contrary; so much of the said recited act as comes within the perview of this act shall be and is hereby repealed.||All paper money emitted by this state, or by congress declared a legal tender.|
| CHAP. VI. |
An act for emitting a sum of money for publick exigencies.
|WHEREAS the necessities of the state require a farther emission of paper money, Be it therefore enacted, That the treasurer of this commonwealth shall, and he is hereby empowered to issue treasury notes in dollars for the sum of ten millions of pounds. And that in case aids shall not be furnished by the United States, adequate to our wants, or exigencies of affairs shall make it necessary to emit a farther sum of money for the purpose of prosecuting the war, It is farther enacted, That the governour, with the advice of the council, may, and he is hereby required to direct the emission in dollars of the farther sum of five millions of pounds, which money shall be receivable in all taxes whatsoever; and the publick faith is hereby pledged for the redemption of all sums of money issued under this act, on or before the thirtieth day of December, one thousand seven hundred and ninety two, by fair and equal assessment upon the whole property of this commonwealth. The treasurer shall cause the said notes to be engraved and printed in such manner, and upon such paper as he may think most likely to secure them against counterfeits. The face of the notes thus to be emitted, shall read in manner following, to wit: No. −−− − −−− dollars. This bill of −−− dollars shall be exchanged and redeemed in Spanish milled dollars or the value thereof in gold or silver, at the rate of one for forty, at the treasury of Virginia, on or before the thirtieth day of December, one thousand seven hundred and ninety two. On each of the said notes the treasurer shall cause such a device to be printed as will readily distinguish them from any others heretofore emitted. He shall also appoint proper persons to over-look the press, to number and sign the said notes, upon the best terms he can, always observing to publish the names of such numbers and signers in the newspaper. The bills of credit to be emitted by virtue of this act shall be entered in the auditors office to the treasurer's account and be signed by one of the|| Further emission of paper money authorised.
One for forty.
|auditors or by one of their clerks or by an assistant clerk, whom the auditors may appoint for this special purpose, who shall receive such an allowance for his trouble as they shall judge reasonable, without which signature the said bills of credit shall not be current.|
An act for burning the paper bills of credit of this state.
|BE it enacted by the General Assembly, That a committee of five persons, any three of whom may act, be appointed by the governour and council as soon as may be, who shall have full power and authority, and they are hereby directed from time to time as may be most convenient to them, to meet at the treasury office in order to examine and burn all the paper bills of credit issued by the laws of this country either before or since the revolution, which shall be collected and paid into the treasury by the sheriffs and publick collectors, except such payments as shall be made under two acts of the last session of assembly, the one entitled "An act for recruiting this state's quota of troops to serve in the continental army," and the other "An act for the defence of the eastern frontier of this commonwealth." The committee appointed as aforesaid, shall from time to time deliver to the treasurer of this commonwealth certificates of the sum or sums of money so burnt, distinguishing of what emissions the same may be, which certificates the treasurer shall cause to be published in the Virginia gazette immediately thereafter.|| |
Paper money, paid into the treasury to be burnt, except two emissions.
|WHEREAS the several acts for giving farther powers to the governour and council, and also divers other acts of the general assembly, will expire unless farther continued, Be it enacted, That all acts of assembly, either for the purposes aforesaid or for any other, which would have expired at the end of or during the present session of assembly, be and the same are hereby continued until the end of the next session of assembly and no longer, any thing therein to the contrary notwithstanding.||All acts of assembly which would have expired at the end of or during the present session, continued.|
An act to amend the act entitled An act for establishing a General Court.
|[Chan. Rev. p. 139.]|
|I. WHEREAS by the act of assembly establishing the general court, no provision is made in case a grand jury-man should be sick or die after being empannelled and sworn, by which means it has happened and may again happen that one or more of the jury may fall sick or die, and of consequence all the powers with which they are invested by the laws and constitutions are unexecuted; and whereas no power is given to a single member of the court, after a sufficient number has once been met, to adjourn in case one or more of the said members should be sick or die during the term; for remedy whereof, Be it enacted, That whenever it shall so happen that one or more of the jury should be|| Preamble. |
Grand juror dying or taken sick, after sworn, so that he cannot attend, his place may be supplied by a by-stander.
|sick or die after being sworn, that the judges, if it be necessary, shall cause to be summoned, empannelled, and sworn, any by-standers, being qualified according t law; and all the proceedings of such grand jury shall be binding in the same manner as in any other case.|
|II. And be it enacted, That if any member of the court should be sick or die, or by any other unavoidable accident, should be prevented from attending at any time after a sufficient number hath met to constitute the same, it shall and may be lawful for any one or more of the remaining judges to adjourn from day to day throughout the term, until a court can be had.||One judge, or more, may adjourn the general court.|
|III. And whereas by the sickness and non-attendance of a jury-man during the present setting of the general court, the grand jury was dissolved by means of there not being members sufficient to proceed on business, in consequence whereof the price of tobacco could not be settled as by law directed, and the officers of government and others will be unpaid for their services, Be it therefore enacted, That immediately after the passing of this act, and during the present session of the general court, the judges thereof shall cause to be summoned a grand jury for the purpose aforesaid, any law to the contrary notwithstanding.||Provision in case of the grand juror taken sick during the present term.|
|IV. And whereas the prison in the town of Richmond, is too small to contain the prisoners committed thereto, and from their being crowded together, there will be danger of infectious disorders, It is farther enacted, That the governour with the advice of council may, and he is hereby desired to rent a temporary building, most proper for the business, in or near the said town of Richmond, which shall be under the direction of the judges in the same manner as the prison now is, and which shall be applied to the purpose of confining such prisoners as the judges of the general court shall particularly order thither and no other.||The governor empowered to rent a house for confining certain prisoners.|
|V. And whereas great inconveniences have arisen from the law now in force, empowering the judges of the high court of chancery alone to qualify auditors of publick accounts, Be it therefore enacted, That either of the judges of the general court shall have full power to qualify all auditors of publick accounts that shall hereafter be appointed.||One judge of the general court may qualify the auditors of publick accounts.|
See ante p. 237.
|WHEREAS the time limited in the act entitled "An act for giving farther time to obtain warrants upon certificates for pre-emption rights, and returning certain surveys to the land office, and for other purposes," to the commissioners for adjusting and settling the claims to unpatented lands within their respective districts, has been found to be too short for that purpose, Be it therefore enacted, That all the powers given to the said commissioners by any act or acts of assembly, shall be continued and remain in force for and during the farther time of twelve months, and from thence to the end of the next session of assembly, and that the same time be allowed for making and returning to the land office all surveys of land by virtue of entries with the county surveyors heretofore made according to the established laws and usages, any law to the contrary notwithstanding.||Powers of commissioners for adjusting claims to unpatented lands extended; also further time allowed for obtaining warrants upon certificates for pre-emption rights, and to return surveys to the land office.|
|WHEREAS the act entitled "An act for laying a tax payable in certain enumerated commodities," imposes a specifick tax, for the purpose of procuring grain for the use of the army; and whereas previous to the payment thereof for the present year, many persons have had their grain impressed for the purpose aforesaid, and it is reasonable that it should be discounted out of their said tax, It is therefore enacted, That all certificates given by any officer of the staff or line, either of the continent, of this state, or of the militia of this state, or which may hereafter be given for grain so impressed for the use of the army or of prisoners taken from the enemy, shall be both in the present year and also during the continuance of the said recited act, received in payment of the said specifick tax in the same manner as if the person paying had been possessed of the grain itself; and if the amount of the said certificate shall exceed the tax due by the person so paying the same, the receiver may take the whole as so much in advance for future debits of the said tax. Provided, That before any receiver of the said tax shall receive such certificate, the person paying it shall take before a magistrate the following oath or affirmation, which shall be by the said magistrate indorsed on the certificate. "I −−−−− do swear (or affirm) that I am not concerned in any deceit relating to this certificate with an intention to injure this commonwealth or the United States;" and shall also by him or herself or the person delivering the same, make oath that he or she believed the same was taken for the use of the army or of prisoners taken from the enemy. The certificates so received, shall be by the commissioners of the said tax returned to the auditors of this state, to be by them preserved as so many vouchers against the United States, and in returns of the said tax the said certificates shall be carefully distinguished||Persons liable to tax, in certain enumerated commodities who have had their grain impressed for the use of the army, entitled to a discount as to so much.|
|from the receipts in kind, so that the executive may know what quantity of the said tax hath been received in such certificates.|
|And whereas no compulsory mode is pointed out by the said act which hath been found efficacious to induce the commissioners and receivers of the said tax to discharge their respective duties as therein defined, It is farther enacted, That if any commissioner or receiver shall fail in his duty as prescribed either by this or the said recited act, he or they so offending, shall for each offence forfeit and pay five thousand pounds of tobacco, to be recovered for the use of the commonwealth in any court of record; and if the said commissioners shall fail to make proper returns of the grain or other alternatives so to be collected, the public solicitor shall on the third day of the general court, without any previous notice, make a motion against them for the amount of the whole grain or other alternatives due from the said county, to fix which, the last return therefrom ascertaining the number of tithables, shall be admitted as proper evidence. The said court shall give their judgment, having first settled the value of the tax, supposing the whole to have been paid in Indian corn, according to the then highest current price in this state, and adding thereto twenty per centum over and above upon the amount of the said valuation, and in case the said commissioners shall fail to disburse the said tax as collected and returned, their returns shall be evidence against them in like manner, and all debits or ballances shall be recoverable on motion with twenty per centum addition as above directed. And that the commissioners may have a prompt remedy against their said receives, they may at any time on giving ten days notice, recover a judgment in any court of record for the value of the deficiency, to be ascertained on the same principles as above mentioned, together with twenty per centum advance, out of which they shall forthwith replace the commodities in which the receiver was indebted to the publick, and the balance if any, shall be to their own use.|| Penalty on commissioners and receivers of specific tax for
neglect of duty. |
Judgment, on motion, without notice.
How judgment rendered.
Remedy by commissioners against receivers.
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