|Pages 167-184||Pages 205-246|
| AT A |
Benjamin Harrison, esq. governor.
An act for establishing pilots and regulating their fees.
| Ch. CXLV in original.|
Chan. Rev. pa. 184.
|I. WHEREAS it is necessary for the safety and preservation of vessels coming into the bay of Chesapeake, bound up the rivers of this commonwealth, that able and experienced pilots should be established to conduct such vessels, for reasonable fees, to their several moorings; and to prevent ignorant and unskilful persons from undertaking such pilotage; Be it enacted, That Paul Loyal, Thomas Brown, James Barron, John Gwinn, Edward Cowper, Charles Bailey, and William Ballard, or any three of them, be, and they are hereby appointed to examine every person that shall desire to be admitted a pilot, he first producing a|| Preamble. |
Certain persons appointed to examine & grant to pilots branches.
|* In the original the chapters are numbered progressively from the end of the last session, although the paging commences anew. But, as in the Chancellors' Revisal, the chapters commence with number 1, and the sections are differently arranged, in many instances, from the original. I shall conform to the Chancellors' Revisal, in this publication, for the convenience of reference.|
|certificate from the county court where he resides, of his honesty and good behaviour, paying down to the examiners, the sum of thirty shillings; and if upon examination the person shall appear of sufficient skill and ability, the said examiners shall thereupon grant such person a branch, and thenceforth he shall be reputed a lawful pilot. Provided, That no person whatsoever, shall be permitted to execute the business of a pilot, notwithstanding he may have such branch as aforesaid, unless he or the company to which he belongs, shall keep one sufficient boat of eighteen feet keel at the least, under the penalty of fifty pounds for every vessel such pilot shall undertake to conduct; to be recovered with costs, in any court of record in this state, by the party suing for the same, to his or their own use: And if any person not having such branch, and keeping such boat as aforesaid, shall presume to take upon himself to conduct or pilot any vessel coming from sea to any place or places hereafter-mentioned, every such person shall forfeit and pay the sum of fifty pounds; to be recovered with costs, in any court within this state, by the party suing for the same; and moreover such person shall be liable for all damages occasioned by his undertaking the pilotage; to be recovered by action at common law, in any court within this state by the party grieved. Provided, That this act shall not be construed to extend to hinder any person or persons from assisting any vessel in distress, so as he or they shall deliver up such vessel to the pilot who shall come on board and offer to undertake the conduct of her, for which such assistant shall and may demand and receive from the said pilot, half the fees allowed for pilotage by this act.|| Pilots to keep sufficient boats. |
|II. And whereas great inconveniencies have arisen from pilots entering into combination or partnership, which has occasioned great neglect of their duty: For prevention whereof, Be it enacted, That no more than two pilots shall be in partnership, under the penalty of one hundred pounds each, to be recovered with costs, by any person suing for the same.||No more than two pilots to be in partnership.|
|III. And for the encouragement of pilots to do their duty, and that all pilots may be induced to keep a good lookout; Be it enacted, That every master of a merchant's vessel coming from sea, shall be obliged to receive the first pilot who offers to conduct his vessel, or||Rules for masters of ships and pilots.|
|shall pay him full pilotage to the first port, and shall continue the same pilot to his first port of discharge; and every pilot cruising or standing out to sea, shall offer his services first to the vessel which may be nearest the land, or in most distress. And if any pilot, not being hindred by sickness, or other lawful cause, shall refuse to go on board any vessel, when required by the master, to execute his office, such pilot or pilots, in either case, shall, upon complaint and conviction before the examiners, or any three of them, forfeit to the party grieved, twenty pounds; and be liable to be suspended by them for such term or time as they shall think fit.|
|IV. And be it enacted, That if any pilot shall negligently or carelessly lose any vessel under his care, and be thereof convicted by due course of law, he shall forever after such conviction, be incapable of acting as a pilot in this state, and shall be also liable to pay all such damages any person or persons shall sustain by such negligence or carelessness, to be recovered as is before directed.||Pilots incapacitated & liable to damages for losing ships.|
|V. And for preventing any exorbitant demands for pilotage, Be it enacted, That the following, and no greater prices, shall be taken or demanded, to wit. −− On James river, for all square rigged vessels coming from sea, from cape Henry or Lynhaven bay to Hampton road, forty shillings; and for going out to sea, thirty shillings; and for each foot depth of water they draw, from Hampton road or Sewell's point to Norfolk, two shillings per foot; to Sleepy-Hole or Sack Point, in Nansemond, three shillings per foot; to Pagan creek, two shillings and three pence per foot; to Jamestown, six shillings per foot; to Martin's Brandon, six shillings and six pence per foot; to Flower de Hundred, seven shillings per foot; to City Point or Bermuda Hundred, nine shillings per foot; to Four-Mile creek, eleven shillings per foot; to Osborne's, twelve shillings and six pence per foot; to Warwick, fourteen shillings per foot; and to Richmond, fifteen shillings per foot. On York river, coming from sea, from the cape or Lynhaven to York town, three pounds; and for going out to sea, two pounds; from Back river or Egg-Island to York town, thirty shillings; from York town to West-Point, four shillings per foot; to Cumberland five shillings per foot; to the highest landings on Pamunkey,|| |
Rates of pilotage.
|six shillings and three pence per foot; to Shepherd's four shillings and six pence per foot; to Meredith's, Moore's, or the highest landings on Mattapony, six shillings per foot. From cape Henry, to any river on Mobjack bay, the same pilotage as to York town; from the cape to Urbanna, coming from sea, four pounds; and for going out to sea three pounds; from Urbanna to Hobb's Hole, three shillings per foot; to Naylor's Hole, four shillings per foot; to Leed's or Micou's, six shillings and six pence per foot; to Port Royal nine shillings per foot; to Fredericksburg, eleven shillings and six pence per foot. From the cape to Pianketank, the same pilotage as to Urbanna. −− From the cape to Smith's point, on south Potowmack, coming from sea, six pounds; and for going out five pounds; from Smith's point to Coan or Yocomico, two shillings and six pence per foot; to Machodack, three shillings, to Upper Machodack, four shillings per foot; to Nangomy, five shillings; to Boyd's Hole, five shillings and six pence per foot; to Quantico six shillings; to Ocoquan, six shillings and six pence per foot; to Piscataway, eight shillings; to Alexandria, nine shillings and six pence per foot; to Eastern Branch ten shillings per foot; and the same fees by the foot back again; and from the places aforesaid to the Capes, and no more; and for all sloops and schooners, two thirds of the rates of pilotage. And when any master of a vessel shall give reasonable notice to the pilot he shall employ, of the time and place such master shall appoint for his attendance, and such pilot shall attend accordingly, he may demand and take the sum of ten shillings for every day he shall be detained by such master's not being ready to proceed according to his notice; and if any pilot shall demand or exact any other greater fee, he shall forfeit double the sum so demanded, recoverable before two justices, one of them being of the quorum, with cost, by the informer.|| And allowance for disappointment.|
|VI. And be it enacted, That every pilot, before he obtains his branch, shall take one white apprentice at the least, and employ him constantly on board his boat, instructing him in the art of his business, which apprentice shall have the usual allowances made him at the expiration of his apprenticeship, and shall be exempt from militia duty. Provided always, That no masters of vessels shall be obliged to take a pilot who|| Pilots to have one white apprentice at least. |
|shall not offer himself below the Horse Shoe, but every vessel having no pilot on board, and following another that has a pilot, shall pay him half fees.|
|VII. And to the end that strangers may not be imposed on in the rates of pilotage, as settled by this act, Be it enacted, That every pilot appointed in pursuance of this act shall be obliged, when he is in execution of his office, to carry with him a copy thereof, and when he receives his fees for the services performed on board any vessel, he shall produce the said copy to the master of the vessel, to shew that he demands no greater fee than is allowed by this act; and if any pilot shall neglect or refuse such copy, as aforesaid, he shall forfeit and pay twenty pounds to any person who shall sue for the same, to be recovered in any court within this state.|| |
Pilots to carry with them and produce a copy of this act.
|VIII. And for the further encouragement of pilots to do their duty, Be it enacted, That every branch pilot shall, and he is hereby exempted from, militia duty, during the time he shall act as a pilot. This act shall take place from and after the first day of July, one thousand seven hundred and eighty three.|| Branch pilots exempted from militia duty.|
Commencement of act.
|IX. And be it enacted, That the public printer shall furnish the examiners, on demand, fifty copies of this act, one of which copies, signed by three of the said examiners, shall be delivered to each pilot when he obtains his branch.|
An act for the relief of sheriffs.
|Ch. CXLVI in original.|
|I. WHEREAS difficulties unforseen by the legislature have occurred, so as to render it impossible for the sheriffs to comply with the letter of the law, in accounting for, and paying into the public treasury, the commutable articles by them collected for the taxes due in the year seventeen hundred and eighty two, by means whereof judgments to very considerable amounts have been, or may be, rendered against many of the said sheriffs who have demonstrated a willingness to make||Preamble.|
|payments without prejudice to the public. And whereas it is just and reasonable that such sheriffs or collectors as are willing to make payments without loss to the public, should be relieved from the interest and damages accruing on the said judgments;|
|II. Be it enacted by the General Assembly, That until the first day of August next no execution shall issue on any judgment against a sheriff or collector, and he or they paying into the public treasury, before the said first day of August, the amount of such judgment in specie, civil list warrants, or warrants for interest due to officers and soldiers, or in the commutable articles, and in the proportion and at the rate thereof as declared by law, shall be acquitted of the interest and damages on such judgment. Provided, That unless in the case hereafter provided, the amount of the warrants and specie offered shall not exceed the sum or quantity thereof collected of the people for taxes; that the notes for tobacco or flour shall not be of a date elder than is allowed by law, on a computation from the time at which the payment may be offered, except it shall appear by the oath of the party, or other evidence satisfactory to the treasurer, that the same notes had been before tendered to him in payment, and were at such tender within the period allowed by law. Provided also, That the deerskins, notes for hemp or flour, shall have been received of the people in payment of their taxes. Provided also, That any sheriff or collector may discharge in specie, and at the rate established by law, any balance against him by reason of deerskins, for notes for hemp or flour, by him tendered to the treasurer, and by him in pursuance of this act refused. And provided, That any sheriff owing a balance to the public, for which no judgment may have been rendered, shall have the full benefit of this act. And whereas it hath been represented to this general assembly, that influenced by the apparent impossibility of completing their collections, several sheriffs and collectors have been induced to purchase, on their own account, quantities of hemp, the notes for which they are willing to pass in discharge to the taxes due from their counties;|| Executions judgments against sheriffs
for taxes, suspended. |
Upon what conditions.
Benefit of this act extended to all sheriffs owing a balance to the commonwealth.
|III. Be it further enacted, That the treasurer shall receive any such notes at the rate of thirty-seven shillings and six per hundred, providing the quantity shall|
|not exceed the proportion thereof as by law declared. And provided also, That proof, by persons disinterested in such transactions, shall be made before two justices of the peace, one being of the quorum, and by them certified to the treasurer, that such hemp shall have been purchased before the first day of June in the present year, and for the purpose herein mentioned, and no other.||Hemp receivable in taxes, and at what rate.|
|IV. And be it further enacted, That in all cases where judgments may on the said first day of August remain unsatisfied, executions shall immediately thereafter issue against every delinquent sheriff or collector, for the balance appearing to be due, and the interest and damages on the said balance, the whole amount thereof to be discharged in specie only.|
|Ch. CXLVII in original.|
|I. WHEREAS from the great variety of public business, in which the auditors of public accounts are necessarily engaged, it is found impracticable for them to settle and adjust the claims of all persons against this state, agreeable to the directions of the act, intituled "An act for auditing certain public claims," so as the public creditors may receive warrants for the same before the fist day of August next, being the time fixed by an act of the last session of assembly for collecting the several taxes imposed by an act "For calling in and redeeming certain certificates:" For remedy whereof,||Preamble.|
|II. Be it enacted by the General Assembly, That two commissioners be appointed, by joint ballot of both houses of assembly, who, upon taking the following oath, to be administered by a justice of the peace, that||Commissioners to settle claims for property impressed for public service.|
|is to say. "I, A. B. do swear that I will, to the best of my skill and judgment, faithfully and truly execute the duties required of my, by an act, intituled, 'An act to amend the act intituled, An act to amend the act for adjusting claims for property impressed or taken for public service;' without favor, affection, or partiality. So help me God." Shall have the same powers, and perform the like duties, as are given to, and required of, the auditors of public accounts, by the act for adjusting certain public claims. The auditors shall furnish the said commissioners, so soon as may be, with all the certificates and other papers respecting the said claims returned and lodged in their office, distinguishing upon which of them they have issued warrants; and the said commissioners shall enter in a book to be provided for that purpose, in alphabetical order, the names of all persons in each county to whom they shall issue warrants, and the amount thereof, and return the said book to the auditors on or before the first day of January next, and to expedite the said business, the commissioners shall have power, and are hereby authorized, to appoint two clerks. All warrants signed by the said commissioners shall be receivable in payment of taxes in the same manner as if they had been signed by the auditors of public accounts.|| To keep a register of warrants issued, and return it to
Warrants or certificates issued by commissioners, receivable in taxes.
|III. And be it further enacted, That it shall be lawful for the county courts to receive and adjust the claims of all persons for articles impressed or taken for public use, until the first day of October next, and no longer, to be certified and sent by the clerks of the said courts to the commissioners appointed by virtue of this act. Where any certificate shall be lost, or claim allowed by the said courts, for which there shall be no certificate, the commissioners shall adjust such claims agreeable to the allowance of the courts, and issue their warrants for the same according to the prices fixed and established by the act for adjusting certain public claims. The auditors of public accounts shall, upon application for that purpose, re-audit warrants issued by them for paper money on account of articles impressed or taken for public use, and also for services performed, and grant other warrants in specie, according to the prices allowed by law for such articles, and such services respectively; any law to the contrary thereof notwithstanding. They shall also to the staff|| County courts to adjust claims, for a
limited time, & certify them to the commissioners. |
Commissioners to grant warrants.
Auditors may re-audit warrants, in paper money, & issue them in specie.
|officers acting in the militia since the beginning of the year 1780, and producing from the general or field offices, under whom they were employed, vouchers for their service, grant printed certificates at the rate allowed to persons of the same department in the continental army; which certificates shall be received in payment of the taxes imposed by the act, intituled, "An act for calling in and redeeming certain certificates."||Also warrants to staff officers in the militia.|
|IV. And be it enacted, That the commissioners appointed by this act shall receive in warrants on the treasury, the sum of four hundred pounds for the services of themselves and their clerks, in the business to them assigned, which warrants shall be receivable in taxes as civil list warrants are. And in case of a vacancy, by the death, refusal, or disability to act, or resignation of the commissioners, or either of them, it shall be supplied by the appointment of the governor, with the advice of council.|| Compensation of commissioners. |
Vacancies, how supplied.
An act for farther continuing several acts of assembly.
| [Chapter CXLVIII in original.]|
[Chan. Rev. p. 185.]
|I. WHEREAS three acts of assembly passed in the years one thousand seven hundred and eighty-two, the one intituled, "An act for calling in and funding the paper money of this state;" one other intituled, "An act to ascertain the losses and injuries sustained by the depredations of the enemy, within this commonwealth;" and one other intituled, "An act to ascertain the number of people within this commonwealth," 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 said several recited acts shall continue and be in force from and after the expiration thereof until the first day of December next, and no longer.|| See Nov. 1781, c. 13,
Oct. 1782, c. 13.
See May 1782, c. 10,
Oct 1782, c. 4,
Oct. 1783, c. 10.
See May 1782, c. 22, &
Oct. 1782, c. 2.
|CHAP. V.||[Chapter CXXIX in original.]|
|I. WHEREAS it is found necessary for the ease and convenience of the citizens of this commonwealth in their present distressed state, that the operation of the act, intituled, "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," be postponed to a future day:||Preamble.|
|II. Be it therefore enacted by the General Assembly, That no distress for any tax imposed by the said at shall be made before the twentieth day of November next.||Distress for taxes postponed.|
|III. And be it further enacted, That the several sheriffs whose appointments will terminate in the month of November next, shall, nevertheless, have full power to compleat the collection of the taxes aforesaid, which they are hereby required to perform; and shall have right and authority to collect or distrain for the same in the like manner as if their appointments had not then expired.|| |
Sheriffs to collect, although the term of their appointment expired.
|CHAP. VI.||Chap. CL in original.|
|I. BE it enacted by the General Assembly, That all and every act and acts of assembly or convention, so far as the same prohibit the importation of British goods, wares, or merchandize, into this commonwealth; or as subject the same to any manner of forfeiture or condemnation, or the person or persons importing them to any damage or penalty whatsoever, shall be, and are hereby repealed. And that all such goods, wares, and merchandize, be admitted to entry with the naval officers, and subject to the like duties and restrictions imposed by law upon all other goods, wares, and merchandize.||All acts and ordinances prohibiting importation of British goods repealed.|
|II. And be it further enacted, That this act shall have the force and obligation of law, from and after the thirteenth day of May, in the present year.|
|[Chap. CLI in original.]|
[Chan. Rev. p. 186.]
|I. WHEREAS by an act of assembly passed the sixth day of May, one thousand seven hundred and eighty-two, intituled, "An act to continue and amend the act, intituled, An act for the inspection of pork, beef, flour, tar, pitch, and turpentine," amongst other rates of inspection it is enacted ,that seven pence half-penny per barrel be paid for the inspection of tar, pitch, and turpentine; which said rate is found to be higher than the said articles of tar, pitch, and turpentine, will||Price for inspecting of tar, pitch, & turpentine reduced.|
|bear: For remedy whereof, Be it enacted, That three pence per barrel only, be paid for the inspection of tar, pitch, and turpentine, from and after the passing this act; any law to the contrary notwithstanding.|
|[Chap. CLII in original.]|
| Chan. Rev. pa. 186. |
See October 1780, ch. 27, and notes.
|I. WHEREAS the funds formerly appropriated by law for the redemption of the certificates granted, or to be granted, to the officers and soldiers of the Virginia line, on continental and state establishments, for their arrears of pay and depreciation, have hitherto proved inadequate, and the finances of the state are at present in such circumstances that the same cannot be paid within the time limited by law, without greatly distressing the citizens thereof: And whereas certain officers, deputed on behalf of the said officers and soldiers, have presented to this present assembly an humble and dutiful memorial, expressing their sincere desire to prevent every embarrassment to the public during the present exhausted state of the country, and declaring their voluntary consent to postpone such payment for a reasonable time, in full confidence that the legislature will establish certain and adequate funds for the redemption of such certificates, within the time which may be now appointed for the same: Be it therefore enacted by the General Assembly, That in aid of the funds hitherto appropriated for the redemption of the certificates granted, or to be granted, to the said officers and soldiers for their arrears of pay and depreciation, the following duties shall be paid on the goods, wares, and merchandize, herein after enumerated, which may be imported, either by land or water, into this state; and the money arising therefrom appropriated to the sole|| Preamble. |
Tax or duty imposed on particular goods imported, in aid of funds, for redemption of military certificates.
|purpose of redeeming the said certificates, and the warrants already issued, or which may hereafter issue, for the interest of the said certificates, that is to say: On every bushel of salt, the sum of nine pence; on every gallon of distilled spirits, the sum of four pence; on every gallon of wine, the sum of four pence; on every hundred pounds of hemp, the sum of two shillings; on every hundred pounds of cordage, the sum of one shilling; on every gallon of beer, ale, or porter, the sum of four pence; on very pounds of snuff the sum of one shilling.|
|II. And be it further enacted, That the master or purser of every ship, or other vessel, importing any goods, wares, or merchandize, liable to a duty by virtue of this act, to any port or place within this commonwealth, shall, within forty eight hours after his arrival, make a true and just report, upon oath, with the collector of the duties in the said port or place, of the burthen, contents, or loading of such ship or vessel, with the particular numbers of every cask or package therein laden, and containing any of the aforesaid goods, wares, or merchandize, and of all parcels or quantities of any such goods, wares, or merchandize, which may be laden or stowed in bulk on board such ship or vessel, and where, and in what port, the same were laden and taken on board, upon penalty of forfeiting two hundred pounds current money, recoverable on information in any court within this commonwealth, who shall thereupon enter judgment and award execution for the same, to be applied, one moiety to the use of the informer, and the other to the use of the commonwealth.|| Master of vessel when and how to report. |
|II. And be it further enacted, That none of the goods, wares, or merchandizes, liable to the said duties, imported or brought into this commonwealth by water, by any person or persons whatsoever, shall be landed or put on shore until due entry made thereof with the collector of the duties in such port or place, and a true account of the numbers of every cask, and quantity to distilled spirits, wine, snuff, ale, beer, or porter; and also the quantity of salt, hemp, or cordage, as aforesaid, at what port or place where the same was shipped or taken on board, given on oath before the said collector, who shall certify the same upon the back of the original invoice, or a true copy thereof to||Dutiable goods not to be landed till entry, and payment or securing the duties.|
|him produced, and thereupon such importer paying the duties laid by this act, or securing the payment thereof within six months, shall obtain a permit under the hand of such collector, for the landing and delivery of the same. And all spirits, wine, salt, hemp, cordage, snuff, beer, ale, or porter, landed or put on shore, or delivered, contrary to the true intent and meaning of this act, or the value thereof, shall be forfeited and lost, and may be seized or recovered by the said collector of the port or place where the same shall be put on shore or delivered, or by any other person or persons whatsoever; and the owner or importer of any of the aforesaid spirits, wine, salt, hemp, cordage, snuff, ale, beer, or porter, by land, shall, in like manner, make due entry of the same, within ten days after the importation, with the clerk of the county court wherein they are brought, who shall receive the taxes or duties payable thereon, or take bond with good and sufficient security from the importer, for the payment thereof within three months; and the said clerks shall, in case the owner or importer of the said articles shall fail to pay the duties imposed thereon, or give bond as aforesaid, proceed in like manner to seize and sell the same as is directed in the case of seizures made by the collectors or naval officers. Provided always, That no person shall be required to give account upon oath of the true contents of any pipe or lesser cask of wine, or any hogshead or lesser cask of spirits imported, but shall have liberty to enter a pipe of wine or hogshead of spirits as aforesaid, at one hundred gallons, and all lesser casks after the same proportion; any thing in this act to the contrary notwithstanding.|| Forfeiture of goods otherwise landed. |
Goods imported by land, how to be entered and duty paid or secured.
Contents of certain casks ascertained.
|IV. And be it further enacted, That if any person or persons whatsoever, shall willingly make a false entry, and be thereof convicted, such person or persons shall forfeit and pay two hundred pounds current money, and also forfeit the goods, recoverable on information in any court within this commonwealth, who shall thereupon enter judgement and award execution for the same, to be applied, one moiety to the use of the informer, and the other to the use of the commonwealth.||Penalty for false entry.|
|V. And be it further enacted, That the collectors of the duties aforesaid, or any person by them appointed,||Officers may enter vessels and bring|
|shall have full power and authority to go and enter on board any ship or other vessel, and from thence to bring on shore any articles whatsoever, liable to a duty by virtue of this act, if such duty be not paid or agreed for within ten days after the first entry of such ship or vessel, or bond with good and sufficient security given for payment of the same within three months next after such entry, which bond, if offered, the collector is hereby authorized and required to accept and take, and such articles so brought on shore to secure and detain until due payment shall be made, or security given as aforesaid; and if such payment or security be no [not] made or given within two days from the time of such seizure, the collector of the duties aforesaid is hereby empowered to sell the same, or so much thereof as shall be sufficient to discharge the said duties, and five per centum for the charges of such seizure and sale. Provided nevertheless, that notice shall be given of such sale, by advertizing the same two weeks in the Virginia Gazette; and they are also empowered to stay and remain on board such ship or vessel until all such wines, spirit, salt, hemp, cordage, snuff, beer, ale, and porter, be discharged and delivered out of the same; and if any collector or collectors of the said duties, or clerks of the county courts, or any other person or persons deputed by them, or any of them, shall directly or indirectly take or receive any bribe, recompence, or reward in any kind whatsoever, or shall connive at any false entry of the articles liable to a duty or custom by virtue of this act, the person or persons so offending shall forfeit and pay the sum of two hundred pounds current money, and be forever disabled in his said office, and rendered incapable of holding any office or employment relating to the customs within this commonwealth; and the person or persons giving or offering such bribe, reward, or recompence, shall forfeit and pay two hundred pounds current money.|| away dutiable goods, if duty not paid or secured. |
Penalty on collector receiving bribe or conniving at false entry; and on person giving or offering such bribe.
|VI. And be it further enacted, That it shall be lawful to and for all and every collector and collectors of the duties aforesaid, or clerks of county courts, by warrant under the hand of a justice of the peace, which warrant shall not be granted but upon an information made to him upon oath, and accompanied with a constable to break open, in the day time, any house||Collectors, by warrants, and with a constable, in the day time may break open houses to search for dutiable|
|ware-house, or store-house, to search for, seize, and carry away, any wine, spirits, salt, hemp, cordage, snuff, beer, ale, or porter, liable to a duty by this act, and for which the said duty shall not have been paid or secured to be paid as aforesaid; and if any collector, clerk, or constable, shall be sued or molested for any thing done in execution of the powers hereby given them, such collector, clerk, or constable, may plead the general issue, and give this act in evidence; and if in such suit the plaintiff be non-suited, or judgment pass against him, the defendant shall recover double costs; and in all actions, suits, or informations to be brought, or where any seizure shall be made pursuant to this act, if the property thereof be claimed by any person as the owner or importer thereof, in such case the onus probandi shall lie upon the owner or claimer.|| goods not paid for. |
Onus probandi, on whom.
|VII. And be it further enacted, That when any wine, sprits, salt, hemp, cordage, snuff, beer, ale, or porter, shall be consigned to any person, other than the master or owner of the ship or vessel importing the same, every person to whom such articles shall be consigned, shall, upon the importation thereof, pay to the master or owner of the ship or vessel importing the same, the duty payable for such articles by this act; and if any person or persons to whom such articles shall be consigned as aforesaid, shall neglect or refuse to pay the said duties, or give bond with security for the payment thereof, to the master or owner of the ship or vessel importing the same, at such time as the same shall become payable, it shall and may be lawful for the master or owner of such ship or vessel to detain such articles until the duty shall be paid, or secured to be paid as aforesaid.||How masters of vessels may secure the duty of goods imported by others.|
|VIII. And be it further enacted, That if any importer of any of the goods, wares, or merchandize aforesaid, shall desire to transport the same from one district to another, within this commonwealth, he shall before he depart out of the district where such articles shall be laden or taken on board, make oath before a justice of the peace that the same were legally imported, and the duties secured according to law, and that he will not suffer any other goods to be taken on board his vessel; and the justice will give him a certificate thereof, specifying the marks and numbers of the said goods; and if any other goods shall be found on board||Proceeding where imported goods are transported from one district to another.|
|such vessel, they shall be forfeited, one half thereof to the use of commonwealth, and the other half to the use of the informer.|
|IX. And be it further enacted, That it shall and may be lawful to and for the said collectors and clerks to recover the said duties so bonded, by motion made in the general court, or the county court wherein the principal or either of his securities respectively reside, and such court shall give judgment for the sum due on such bonds, with costs, and interest of sic per centum on the same, until paid. Provided always, ten days previous notice in writing shall be given by such collector or clerk to the person or persons so to be moved against; and the said collectors and clerks respectively, shall be allowed for collecting, accounting for, and paying the said duties imposed by this act, into the treasury of this commonwealth, the sum of two and an half per centum on the money so collected by them or any of them; and they are hereby required to account for and pay into the treasury aforesaid, every three months, to wit: On the tenth day of January, on the tenth day of April, on the tenth day of July, and on the tenth day of October, in every year, or within ten days afterwards, all money received by them respectively, on public account, pursuant to his act, upon pain of forfeiting one half of their commissions, to be carried to the credit of the public treasury, and of being suspended from their said office of collector or clerk until such payment be made.|| Bonded duties recoverable on motion. |
When to account.
Penalty for failure.
|X. And be it further enacted, That there shall be paid by the owner or shipper of every hogshead of tobacco laden on board any ship or other vessel for exportation, to any port or place whatsoever, the sum of four shillings, which said duty shall be paid to the inspectors at the time of delivery of the same; and shall be accounted for, and paid by them, at the same time, in like manner, and under the same penalties, as is prescribed and inflicted by the act "To amend and reduce the several acts of assembly concerning the inspection of tobacco, into one act."||Duty on tobacco exported.|
|XI. And be it further enacted, That the aforesaid duties and customs shall be appropriated to the express purpose of paying the principal and interest of the aforesaid certificates, and shall not be applied to any other||Duties appropriated to payment of military certificates.|
|use or purpose whatsoever; and if the said duties and customs shall not be sufficient to pay the interest becoming due annually on the said certificates, and also to pay one eighth part of the principal of the same annually, the first payment of such principal to commence on the first day of January, one thousand seven hundred and eighty-five, the full amount of such deficiencies shall be paid out of the fund arising from the slave tax; and if the amount of such duties and customs shall at any time before the said first day of January, one thousand seven hundred and eighty-five, exceed the amount of interest due on the said certificates, all such overplus shall be paid in discharge of part of the principal in just and equal proportion to the holders of such certificates.|| Deficiency to be supplied by slave tax. |
|XII. And be it further enacted, To ascertain and establish the credit of the said certificates on the most certain and permanent foundation, that all warrants hereafter granted by the auditors for interest on the said certificates, shall be by them endorsed on the back of such certificate at the time of issuing such warrants, and shall be receivable by the several sheriffs or collectors of taxes within this commonwealth in payment of all taxes whatsoever, and the treasurer shall receive the same of such sheriffs or collectors accordingly. −− And in order to prevent frauds and counterfeits, the said auditors shall make a fair and distinct entry of all such certificates and warrants by them granted, in a book to be by them kept for that purpose, and shall supply the treasurer, from time to time, as he may require the same, with a fair and distinct account of all certificates and warrants so issued.||Interest warrants receivable for taxes.|
|XIII. And that equal justice may be done to the holders of all such military certificates and warrants; Be it enacted, That the treasurer shall, once at least in every six months, and not oftener than once in every three months, proportion the money in his hands, arising from the said duties and customs, equally amongst the holders of the said certificates or warrants, and shall give notice at least two weeks successively in the public gazettes of the proportion in the public treasury, to be paid on such certificates or warrants, and appointing a particular day for such payment, before which day such proportion shall not be paid; and if any of the holders of such certificates or warrants shall fail to||Proceeds of duties apportioned among holders of military certificates.|
|apply for the same on the day appointed by the treasurer for such purpose, the full proportion of the persons failing so to apply shall be retained in the public treasury, to be paid them at any future day when application shall be made for such payment. And the treasurer shall keep a fair and distinct account, in a book for that purpose, of every payment made of certificates or warrants; and when any payment is made in part only of such certificates or warrants, the treasurer, at the time of such payment, shall endorse the same on the back of such certificate or warrant, as the case may be.||Payments to be endorsed, on certificates.|
|XIV. And be it further enacted, That if any person shall counterfeit, alter, or erase, any certificate or warrant issued or to be issued to the offices and soldiers of the continental or state line, or of the navy, by the auditors of public accounts, by virtue of this or any former act of assembly, or shall demand payment of any money on such certificate or warrant, knowing the same to be counterfeited, altered, or erased, or shall be aiding, assisting, or abetting, in such forging or counterfeiting, altering or erasing, he or she shall be deemed and judged guilty of felony, and on being thereof legally convicted, shall suffer death, without the benefit of clergy.||Death to counterfeit warrants, or certificates, issued to army or navy.|
|XV. And be it further enacted, That so much of all and every other act or acts of assembly imposing a tax upon tobacco exported, except the tax imposed by an act of the present session, "To amend and reduce the several acts of assembly for the inspection of tobacco into one act," shall be, and the same is hereby repealed.||Export duty on tobacco.|
|CHAP. IX.||[Chapter CLIII in original.]|
|I. WHEREAS all institutions for the education of youth, and the advancement of science, have particular claim to the encouragement and patronage of the legislature; and it is represented to this present general assembly, that the gun-factory at Fredericksburg, and the lands belonging to the public thereto adjoining, will, if converted to the purposes of an academy for the education of youth, and particularly of those whose indigence of situation will otherwise deprive them of that advantage, be of great public utility;||Gun factory at Fredericksburg, vested in trustees, for an academy.|
|II. Be it therefore enacted, That the said gun-factory and the lands thereto adjoining belonging to the public, together with all the buildings and appurtenances thereon, be, and the same are hereby vested in Richard Henry Lee, Henry Lee, junior, Joseph Jones, John Skinker, William Fitzhugh, Charles Carter, Edward Stevens, French Strother, William Moore, Thomas Towles, Mann Page, Edmund Pendleton, and Thomas Lomax, trustees, and their successors forever, to be by them, or any seven or more of them, applied for the purposes of establishing thereon an academy, and fitting the same for the education and instruction of youth. That the said trustees and their successors have power to open subscriptions to raise a fund for the establishment and support of the said academy, and from time to time, to continue the same as shall be found necessary, and to maintain suits at law for the recovery thereof. That the said trustees, or any seven or more of them, be empowered, from time to time, to appoint a rector, masters, ushers, and other necessary attendants to the said academy; subject, nevertheless, to be displaced at the discretion of the said trustees, for neglect of duty or other misconduct.|| Power of trustees, to raise funds, and
appoint teachers. |
|III. And be it further enacted, That the said trustees, and their successors, are hereby declared and appointed directors and visiters of the said academy, with||Further powers of trustees as visitors.|
|power, from time to time, to establish such rules and regulations for the good government and advancement thereof, as to them, or a majority of them, shall appear necessary, and also to ascertain the rate of education and maintenance to be paid for youths, as well as the fees or salaries of the rector, masters, and other officers. All vacancies in the said trustees, by death, resignation, or refusal to act, shall, from time to time, be supplied by appointment of the residue of the said trustees, or a majority of them.|
|IV. Provided always, and be it further enacted, That if the trustees appointed by virtue of this act, shall not within five years from the passing thereof, convert the said gun-factory and lands thereto adjoining, to the purposes herein directed, that then the said gun-factory and lands thereto adjoining, together with all the buildings and appurtenances thereon, shall forthwith revert to, and be again vested in the commonwealth, in the same manner as if this act had never been made.||If not converted into an academy within five years, to revert to commonwealth.|
|Pages 167-184||Pages 205-246|