|Volume Map||Pages 23-41|
| THE |
Statutes at Large;
OF ALL THE
LAWS OF VIRGINIA
FIRST SESSION OF THE LEGISLATURE,
IN THE YEAR 1619.
PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY
OF VIRGINIA, PASSED ON THE FIFTH DAY OF FEBRUARY,
ONE THOUSAND EIGHT HUNDRED AND EIGHT.
By WILLIAM WALLER HENING.
PRINTED FOR THE EDITOR.
GEORGE COCHRAN, PRINTERS
|WE, Peter V. Daniel, Robert G. Scott, William H. Roan, and Alexander L. Botts, members of the executive council of Virginia, do hereby certify that the laws contained in the Eleventh Volume of HENING'S Statutes at Large have been, by us, examined and compared with the originals, by Peter V. Daniel and Robert G. Scott, from page 1 to page 184, inclusive, by Robert G. Scott and William H. Roane, from page 185 to page 360, inclusive, and by Robert G. Scott and Alexander L. Botts, from page 361 inclusive, to the end, and have been found truly and accurately printed, except as to a list of errata, to the number of forty-one at the end of the volume. Given under our hands this 28th day of June, 1823.|
| PREFACE |
Eleventh Volume of the Statutes at Large
|IN the ninth and tenth volumes of this work, we have seen the commencement and progress of the AMERICAN REVOLUTION; in this volume, we happily perceive its termination.|
|Until the cessation of hostilities in April 1783,* Virginia never ceased in her exertions to furnish her full quota of men and money, in compliance with the requisitions of congress, under the articles of confederation, as her laws sufficiently attest.|
|While the war continued, a sense of common danger formed a bond of Union between the states, which drew forth their resources for the common defence. But on the return of peace, the defects of the Articles of Confederation began to manifest themselves. So early as the year 1783, the British government, pursuing that policy which she has ever deemed essential to the preservation of her navy, on which, it must be admitted, her national existence depends, commenced a system of commercial restrictions, in relation to the trade between the United States and her West India islands. Congress proposed the adoption of countervailing regulations. But to give them efficacy, the assent of all the states became necessary. Virginia very early passed her act, conferring the power on congress; but suspended its operation until all the states in the Union should pass similar laws. The preamble to this act is well worthy of perusal. Experience evinced the difficulty of procuring the assent of all the states, to any commercial restrictions, as well as the grant of such powers to congress, as would best tend to raise a revenue from duties on imported articles; which revenue was essential to the restoration of public credit, and the discharge of the public debts. This power was also granted by Virginia, with a similar suspension. The necessity of vesting in a congress, differently organized from that under the confederation, powers competent to provide for the national welfare, gave rise to the present Constitution of the United States.|
|* See the proclamation of congress of the 11th of April, 1783, declaring the cessation of arms, as well by sea as by land, page 549.|
| See page 313, 388. See page 350.|
|Among other papers of less importance, the appendix to this volume contains the Proclamation for a cessation of hostilities;* the Report of commissioners, extending Mason's and Dixon's line, and fixing the south west corner of Pennsylvania, which was necessary to complete the series of papers heretofore published, a reference to the Laws of Virginia and Resolutions of Congress, on the subjed of HALF-PAY, AND COMMUTATION; a Digest of the Laws concerning Land-Bounties|| and additional papers respecting the Cession of the North Western Territory, in which the origin of the mistake, which has operated so injuriously to the state troops of Virginia, it is believed, is satisfactorily explained.¶|
|* See page 549. See page 554. See Page 556, 557. || See page 559, 565. ¶ See page 566.|
|Benjamin Harrison, esq. continued governor, until the 29th of November, 1784, when Patrick Henry, esq. was again elected.|| Benjamin Harrison, esq.|
Patrick Henry, esq.
| AT A |
BEGUN AND HELD
|Benjamin Harrison, esq. governor.|
|[* Chap. XLI in original.]|
|I. WHEREAS by an act passed the last session of general assembly, entitled "An act for laying taxes in certain enumerated commodities," all persons chargeable with the said taxes, were directed to deliver the same to a commissioner to the county before the first day of May, one thousand seven hundred and eighty-two, which period hath been found too short, and it is judged expedient to give further time for the collection and paying thereof:||Preamble.|
|* In the original, the chapters are continued progressively from the end of the last session, though the paging commences anews. But in the Chancellors' Revis'l, the acts of this session commence with chap. I. instead of XLI, as in the sessions acts. In this edition the arrangement of the Chancellors' Revisal will be pursued, both in the chapters and sections.|
|II. Be it therefore enacted, That all persons chargeable with the said taxes shall be allowed to discharge the same in the enumerated commodities according to the said recited act, at any time before the first day of September next; and the said commissioners appointed within their respective counties, pursuant to the aforesaid act, are hereby authorised and required to receive the same, and to make return thereof to the court of their said counties, in the manner therein directed, immediately after the said first day of September.||Further time allowed to pay taxes in certain enumerated commodities.|
|III. And be it farther enacted, That the said commissioners respectively, shall make out a correct list of all deficiencies, and deliver the same to the sheriff of the county, on or before the tenth day of September, who shall proceed thereupon in all respects; and shall account for and pay the money into the treasury, on or before the twentieth day of November next. The said commissioners shall make a return of the manner in which they have executed the trust reposed in them by this act, to the executive, or to such person or persons as shall be duly authorized by the executive for that purpose, on or before the first day of October next; and also on or before the aforesaid day, shall return to the auditors of public accounts, a list of balances by them delivered to the sheriff to collect. Any commissioner failing within the time herein before prescribed, to deliver to the sheriff of his county, a list of deficiencies, or to the executive, or to such person or persons as shall be duly authorized by the executive for that purpose, an account of his receipts and issues, with the vouchers, together with a return of the manner in which he has executed his trust, or to the auditors of public accounts, a list of balances by him delivered to the sheriff, shall forfeit and pay the sum of fifty pounds for each offence, to be recovered in the first case by motion in the court of his county, at the instance of the attorney for the commonwealth, and applied towards lessening the county levy, and in the latter cases by motion in the general court, at the instance of the solicitor-general, and to be applied in aid of the revenues of the commonwealth.||Duty of commissioners of tax & sheriffs.|
|IV. And be it farther enacted, That so much of the above recited act as comes within the purview of this act, be, and the same is hereby repealed.|
|V. And whereas by an act of general assembly, passed in the October session, one thousand seven hundred and seventy nine, making provision for the support of wives, parents, and families of soldiers, it is provided, that the county courts may, and are hereby empowered to grant allowances to such wives, parents and families of soldiers as are so poor that they cannot maintain themselves; and the mode of obtaining such allowances has become inconvenient: For remedy whereof,|
|VI. Be it therefore enacted, That all such allowances which have been made, and are not yet received, as well as those which shall hereafter be made by any county court to the persons therein described, it shall and may be lawful for any commissioner of the specific tax of the county, and he is hereby required, upon application, to pay the same on the party producing a copy of the order for such allowance, attested by the clerk of the county, (which copy the clerk is hereby directed to grant without charging any fee for the same) if so much shall be in the commissioners hands, and every such payment shall be allowed to the commissioners respectively on passing their accounts; any act or acts contrary thereto notwithstanding.||Allowances to wives, parents & families of poor soldiers, how paid.|
|VII. And whereas no provision is made in the said recited act, by which the charges for expences incurred in the execution thereof, may be checked or properly limited:|
|VIII. Be it farther enacted, That the executive, or such person or persons as the executive shall appoint for the purpose, may and shall have power to examine into such charges, and to admit or alter them in such manner as shall appear just and reasonable.||Expenses of execution of act, how adjusted.|
|IX. And whereas many commissioners may have already received, or shall receive before the end of this session of assembly, the specific articles or money in lieu thereof under the said recited act, and it is proper that in such cases the commissioners who shall have so received specifics or money, shall make speedy payment or delivery thereof:|
|IX. Be it enacted, That all such commissioners as shall have so received specifics or money, shall, on or before the tenth day of August next, make return of the said receipts as in this act is before directed, to the||Specifics or money actually recovered to be immediately paid.|
|end that they may be subject to the orders of the executive for the immediate payment or delivery of the same.|
An act for appropriating the public revenue.
| [Chap. XLII, in original]|
See May 1783, ch. 11.
|I. WHEREAS in a just appropriation of the revenue of the state, the public faith will be best preserved, its credit supported, public inconvenience avoided, and the quantum of supplies furnished for the use of the United States more certainly ascertained: Be it therefore enacted by the General Assembly, That the treasurer of this commonwealth shall raise and state an account upon his books for the amount of all monies received for every species or subject of taxation specified in the act for ascertaining certain taxes and duties and for establishing a permanent revenue; in which accounts, except the one for the land tax, shall be distinguished the articles commutable for the same, the amount of the receipts paid into the treasury therefor, and the places where deposited.|| Preamble. |
Treasurer to keep distinct accounts of the revenue.
|And be it enacted, That a sufficient sum arising from the land tax, as also upon all other taxable articles except as hereafter excepted, shall be set apart and applied to the sole purpose of paying off and discharging all sums of money due to the several officers of civil government, including the members of congress and of the general assembly, and the officers of every denomination attending thereon; also that the sum of ten thousand pounds be applied to the use of the executive, to enable them to defray the contingent charges of government; and the residue, if any there be, shall be appropriated to the payment of the interest which shall become due on the several emissions of paper money called in and funded under the act for calling in and funding the paper money of this state; and a further sum which may be sufficient for the payment of the interest||Appropriations.|
|as aforesaid, shall also be set apart and applied to the said purpose.|
|III. And be it farther enacted, That all sums of money which shall be received into the treasury for taxes upon all taxable articles, except as before directed and as hereafter excepted, shall be appropriated to continental purposes, and shall be applied to the credit of this commonwealth, upon the requisitions of congress of the fourth day of October, one thousand seven hundred and eighty-one, retaining so much money or specifics only as shall be sufficient to discharge certain debts now due from the state agent for the purposes of his department; and also the sum of fifteen thousand pounds to discharge future expenditures in the military department of the state.|
|IV. And be it farther enacted, That the money arising from the taxes payable in certain specific articles agreeable to the act for laying taxes in certain enumerated commodities, shall be appropriated by the treasurer, in aid of the other appropriations herein before directed, towards the credit of this state upon the requisitions of congress, retaining the sum of five thousand pounds for the payment of pensions due to wounded or disabled soldiers, agreeable to any act or resolutions of the general assembly, or of pensions or allwances to wounded or disabled officers, or to the widows or children of any officer or soldier.|
|V. And be it farther enacted, That the duties on tonnage and on all articles of import specified by the said last recited act, shall be appropriated for and towards the naval disbursements of this commonwealth as directed by law, and to no other use, intent or purpose whatsoever.|
|VI. And whereas the necessities of civil government and the arrears due thereon, require some more immediate provision than the appropriations of revenue herein directed will create; Be it farther enacted, That warrants issued by the auditors of public accounts for all arrears of wages, or salaries, allowed by law to the governor, the members of the privy council, judges of the high court of chancery, judges of the general court, judges of the court of admiralty, the treasurer, attorney general, auditors for public accounts, commercial agent, commissioner of war, solicitor general, clerks to the council, to the treasurer, to the auditors, to the|| |
What civil list warrants are to be received for taxes.
|commercial agent, clerk to the solicitor general, to the commissioner of war, the agent appointed to state and adjust the accounts of this commonwealth against the United States, the keeper of the public gaol, the public armourer, the director of the hospital, the public printer, the door-keepers to the council and to the auditors, the delegates to congress, the speaker of the senate, and of the house of delegates, the members of the general assembly, and the officers of every denomination attending thereon, the secretary to the late governor, and the clerks of the superior courts and other officers attending thereon, and which may be due to the time of issuing such warrants, shall be receivable in discharge of taxes imposed by the said last recited act: And the several sheriffs or collectors shall be allowed a discount with the treasurer, in their settlements for the said taxes, for all warrants so by them received.|
|VII. And be it farther enacted, That all matters or things contained in any act or acts heretofore made, and coming within the purview of this act, shall be and the same are hereby repealed.|
|[Chap. XLIII in original.]|
|I. FOR the more speedy recruiting this state's quota of troops in the continental service, Be it enacted, That three thousand men, of able bodies and sound minds, at least five fee four inches high, not being deserters, and between the ages of eighteen and fifty years, shall be forthwith raised in the several counties of this state, in the proportion hereafter mentioned, that is to say: One able-bodied man, such as above described, for every fifteen militia-men: And for effecting that purpose in the most equitable manner,||3000 troops for continental army to be raised.|
|II. Be it enacted, That within ten days after the receipt of this act, which the governor is directed to transmit as soon as possible, the lieutenant or commanding officer of the militia of each county shall summon the field officers of his county to meet at the court-house, or some other convenient place in the county, within ten days thereafter; and the said county lieutenant or commanding officer, with the field officers, or a majority of them, shall proceed to divide each county into as many classes or districts as there are men required from each county respectively, making such classes as equal as may be, having regard as well to an equal proportion of taxable property in the county, including the property of exempts, as the number of able-bodied men. And to enable them to proceed with precision, the clerk of the county, clerk of the court-martial, and captains of the respective companies shall attend the said officers with returns of the taxable property and tithables made by the commissioners and magistrates acting under the act entitled, "An act for ascertaining certain taxes and duties, and for establishing a permanent revenue," and a minute of the last division of the county in classes, and the roll of each company of militia.|| How to be raised. |
County divided into classes.
|III. And be it enacted, That each class or district aforesaid, shall, within twenty days after such division is made, enlist or cause to be enlisted, one man such as above described, to serve as a soldier in the continental army for three years or during the war, and deliver him to the lieutenant or commanding officer of the county, or pay a sum equal to on eighth part of the taxes payable by the several persons of which such class shall consist, under the act above-mentioned, to such person as they or a majority to them shall appoint to receive the same, which sum, or so much thereof as shall be paid, shall by such person be delivered to the lieutenant or commanding officer of the county as aforesaid, on or before the expiration of the time before-mentioned, for the enlistment of a soldier or payment of the money in lieu of him. And in case of failure of the payment of such sum or delivering such soldier as aforesaid, it shall and may be lawful for the lieutenant or commanding officer of the county to recover the said sum, or so much as such collector may have received, by motion in the court of his county,||If not enlisted for 3 years or the war, to be drafted for three years.|
|with costs and five per centum by way of damages, provided such collector has ten days previous notice of such motion; and the clerk of the county shall furnish the person first named in each class with the names of all free persons in such class, and the sum each person shall be chargeable with. And the person so first named shall appoint a meeting of the class within five days after the same shall be divided, at which meeting such of the class as shall attend, or a majority of them, shall and may choose a collector, who shall be a freeholder, or possessed of visible property to the amount of one hundred pounds, to receive the sums payable from the individuals of such class, or to enlist such soldier; and in case of failure, the person first named as aforesaid, shall be collector, and each person attending shall be informed by the collector or person first named in the class, of the sum which they are respectively to pay; and in case the same shall not be paid or such soldier enlisted within the time herein before limited, such collector shall make a return to the county lieutenant or commanding officer of the names of those who have neglected to pay, and the sums due from each person, distinguishing in such return, those who are able-bodied militia-men. And such county lieutenant or commanding officer shall order the captain or commanding officer of the company to which such delinquents or a majority of them belong, to cause one of the said able-bodied militia-men to be drafted, by fair and equal ballot, to serve in the continental army as a soldier for three years, who shall be entitled to the same pay as other soldiers raised by this act, and to twelve pounds bounty, and also to all other emoluments given to continental soldiers bylaw. And in case only one able-bodied man in any division or class shall fail to pay his proportion of the sum required by this act, he shall be considered as a continental soldier for three years, in the same manner as if he had been drafted by ballot. And such county lieutenant or commanding officer shall grant his warrant to the collector of each district, authorizing and empowering him to levy the sums due from the persons so returned as delinquents respectively, by distress and sale of their goods and chattels, in the same manner as is by law directed in the case of county or parish levies, which warrant the|
|said collector is required to obey, and on failure to execute the same, or to pay the money when received to such county lieutenant or commanding officer, he shall be liable to the same proceedings and penalties as is before directed with respect to money received by him.|
|IV. And be it enacted, That every person enlisted by any class or district under this act, shall, within the time aforesaid, be delivered to the lieutenant or commanding officer of the county, who shall take such order for his security as he shall think proper. And on the said recruit taking the oath of a soldier and signing his enlistment, he shall be entitled to pay and subsistence as a continental soldier; and such lieutenant or commanding officer shall deliver him to such continental officer as shall be appointed for the purpose of receiving recruits in manner hereafter mentioned, but may in the mean time furlough such recruit, not exceeding ten days at one time.||Recruits, how disposed.|
|V. And be it farther enacted, That the governor, with the advice of the council, shall appoint so many officers of the line, not being in actual duty, as he shall think necessary, to receive the soldiers enlisted under this act, and also to receive from the lieutenants or commanding offices of the several counties, all such sums of money as shall be received by them: They shall pass receipts to such county lieutenants or commanding officers for the men to be delivered and the money to be paid to them, and shall sign duplicates of such receipts, on of which the county lieutenants or commanding officer shall transmit to the governor and council, and shall also transmit to the governor and council within twenty days after the time prescribed for receiving the money or recruits before-mentioned, an account of all men and money received by them, and of the proceedings taken against the delinquent classes, and of the officers to whom such men shall be delivered or money paid, and such officer shall proceed with the utmost diligence in the business of recruiting. Every able-bodied man, as before described, inlisting for three years or during the war, shall be entitled to a bounty of twelve pounds, to be paid as soon as he shall be sworn, and to the same pay and emoluments as other continental soldiers of this state's quota are entitled to; and such recruiting officer shall receive forty shillings for every such recruit by him inlisted,|| Officers of the line to receive recruits. |
Bounty, pay, and emoluments.
|for his trouble and expences, and such recruiting officers shall, once in every month, make due returns to the governor and council to all recruits which shall be delivered to or recruited by such offices, and of all monies received by them respectively, and shall obey such orders as they shall from time to time receive from the governor and council respecting such recruits and money; and in case such county lieutenants or commanding officers, or any of them, shall fair to pay all sums by them received for the purpose aforesaid, on demand, to the officers authorized to roceive the same, or shall fail to pursue the measures by this act directed for the recovery thereof, the solicitor general shall be authorized and empowered to recover all such monies received, and such sums as have been neglected to be recovered in the manner before directed, by motion in the general court, giving ten days previous notice of such motion; and where the county lieutenants or commanding offices shall fail to make return to the men and money by them received and to who delivered, and of the measures pursued against delinquent classes, the judgment shall be for the whole sum required of the county where such failure shall be.|
|VI. Where any quaker or menonist shall be drafted in consequence of this act, he shall not be compelled to serve, but shall pay to the collector of his district the sum of fourteen pounds, which sum if payment thereof be refused, shall be levied on his goods and chattels as is herein before directed in other cases of distress, and shall be paid to or recovered by the lieutenant or commanding officer of the militia, in the same manner as other monies received by him.||Quakers and menonists, how exempted from personal service.|
|VII. And be it enacted, That the lieutenant or commanding officer in every county shall be authorized and empowered to hire expresses to give notice to the field officers of his county, the county clerk, clerk of the court-martial, and captains or commanding officers of companies, to attend the aforesaid meeting, and also to transmit the return of his proceedings to the governor and council, which expresses shall be entitled to receive twelve shillings per day, to be allowed by the auditors on the certificate of the lieutenant or commanding officer of each county. And if any lieutenant or commanding officer of a county shall fail to||Expresses, how procured.|
|summon the field officers in manner before directed, he shall forfeit and pay the sum of one hundred pounds; and if he, or any of the field officers captains or commanding officers of companies, and clerks of the county courts and courts martial, shall fail to attend the meeting by him appointed as aforesaid, unless prevented by sickness or other unavoidable circumstance, he or they so failing shall forfeit and pay the sum of twenty pounds each; all which penalties may be recovered in any court of record, by action of debt, information or indictment, and shall be applied one half to the informer, and the other half to the use of the commonwealth. And in case any officer of the line shall misapply, embezzle, or neglect to account for the monies received by him as directed by this act, he shall be liable to a judgment for all monies so misapplied, embezzled or unaccounted for, by motion in any court of record, at the instance of the solicitor general, together with costs and five per centum damages, provided such officer have ten days previous notice of such motion.|| |
Fines, for delinquencies.
|VIII. And be it further enacted, That where the sum payable by any class shall amount to more than the sum of fourteen pounds, the overplus shall be paid to the lieutenant or commanding officer of the county, and shall be applied towards the payment of bounties to recruits and expences attending the recruiting service, in such manner as the governor, with the advice of council, shall direct.||Surplus of funds, in a class, how disposed.|
|IX. And be it further enacted, That the furnishing of a recruit by any class, shall exempt such class from the payment of the said sum of fourteen pounds, and no more; and that in case of failure in payment of the overplus, the same proceedings shall be had for the recovery of such overplus as is herein before directed for the recovery of the proportions of delinquents in other cases.||Furnishing a recruit, exempts the class.|
|X. And whereas many counties have failed in whole or in part to furnish the several quotas of regulars in their respective counties since the year one thousand seven hundred and seventy-seven, as required of them:|
|XI. Be it therefore enacted, That the lieutenants or commanding officers of the militia of each county shall, on or before the first day of November next, transmit to the governor, the most exact state that at this time||Counties failing to furnish the former quotas, to be reported to the general assembly.|
|can be procured of the several quotas from time to time furnished by each county respectively, and where they have failed raising the quota required of them, shall transmit the reasons of such failure, to be by him laid before the next general assembly, that order may be taken to compel such counties as have been deficient to make up such deficiencies in men, or just compensation therefor in money, so as to place the whole state on an equality as near as may be.|
| XII. And whereas many county lieutenants and commanding officers
have resigned their commissions since the year one thosuand seven hundred and seventy-seven, and
others have been appinted in their place:
XIII. Be it enacted, That every such person who may have resigned since the time above-mentioned, shall, on application from such commanding officer, be obliged to make return to the present lieutenant or other commanding officer of the county where he held such commission, who is hereby commanded to transmit the same with the return of his own transactions. And in case any lieutenant or commanding officer shall fail to do so, he shall forfeit and pay the sum of one hundred pounds, to be recovered and applied in the same manner as other penalties by this act to be inflicted.
Returns of officers resigned to be made.
|[Ch. XLIV in original.]|
| Justices of York authorised to hold courts, at any place in
the county, while the court house in York town is occupied qy the troops of our
|CHAP. V.||[Ch. XLV. in original.]|
|[Chan. Rev. p. 157.]|
|I. WHEREAS the act of assembly passed in the year one thousand seven hundred and eighty-one, entitled "An act to exempt artifices employed at iron works from militia duty," which was continued by several subsequent acts, will expire at the end of this present session of assembly; and it is expedient and necessary that the same should be farther continued: Be it therefore enacted, That the act entitled "An act to exempt artificers employed at iron works from militia duty," shall continue and be in force from and after the expiration thereof, for and during the term of one year, and from thence until the end of the next session of assembly, and no longer.||Act exempting artificers at iron works from militia duty further continued.|
An act for granting pardon to James Hughes and Robert Smith.
|[Ch. XLVI. in original.]|
|I. WHEREAS it hath been represented, that James Hughes and Robert Smith are now in public jail under sentence of death for the crime of treason against the state, the commission of which proceeded not from a disposition to oppose or subvert the government of this commonwealth, but from ignorance and the artful seduction of others in the case of the said Robert Smith, and the coercion of the enemy in the case of the said James Hughes whilst in captivity; and the said James Hughes and Robert Smith have petitioned this assembly to be pardoned for their said crimes, and it being||Pardon granted to James Hughes and Robert Smith, who are under sentence of death for treason.|
|expedient to extend grace and mercy to those who have not committed heinous and flagrant acts of treason:|
|II. Be it therefore enacted by the General Assembly, That the said James Hughes and Robert Smith shall be, and they are hereby pardoned of the crimes of which they are convicted by sentence of the general court, and shall be discharged by the keeper of the public jail.|
|[Ch. XLVII, in original.]|
|[Chan. Rev. p. 157.]|
|I. BE it enacted by the General Assembly, That auditors warrants and certificates for military service shall be received by the treasurer in payment for waste and unappropriated lands, at the same scale of depreciation as is allowed by an act of assembly entitled "An act for calling in and funding the paper money of this state."||Military warrants & certificates to be received for land warrants.|
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