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New Kent, and the lower end of the said county of New Kent, may be added to James City: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly and it is hereby enacted by the authority of the same, That from and after the first day of May next ensuing, all that part of New Kent county, which lies on the lower side of the bounds hereafter described, that is to say, beginning at the mouth Boundaries. of Diascun creek, on Chickahominy river, thence up the said creek to the mouth of John Blair, esquire, his mill swamp, thence up the said swamp to the mill, thence up the mill pond to the head thereof, thence up that water course to a marked red oak, at Isaac Goddin's spring near the said Goddin's house, thence eastwardly to a marked persimmen at the head of a branch near the main road, on the lower side of Goddin's house, thence to an oak near James Hockaday's spring, thence down the said spring branch to Russell's mill, thence down the mill swamp to Ware creek, and then down the said creek to York river, shall be, and the same is hereby added to, and made part of James City county; and that all that part of the said county of Jaines City, whch lies on the upper side of the bounds herein before described, shall be, and the same is hereby added to, and made part of New Kent county.
II. Provided always, That nothing herein contained shall be construed to hinder the sheriffs or collectors of the said counties of James City and New Kent, respectively, as the same now stand, from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of either of the said counties of James City and New Kent, at the time this act shall take place; but such sheriff or collector shall have the same power to collect or distrain for the said dues and fees, and shall be answerable for them in the same manner as if this act had never been made; any law, usage, or custom, to the contrary thereof in anywise, notwithstanding
III. And be it further enacted by the authority aforesaid, That the courts of the said counties of Jaines City and New Kent, shall have jurisdiction of all actions and suits which shall be respectively depending before thern at the time this act shall take place; and shall and may try and determine all such actions and suits, and issue process, and award execution thereon, against the
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body or estate of the defendant or defendants, in any such action or suit in the same manner as if this act had never been made; any law, custom, or usage, to the contrary thereof, in anywise, notwithstanding.
IV. And be it further enacted, by the authority aforesaid, That from and after the said first day of May, the receipts or notes of the inspectors, at Littlepages warehouse, in the said county of New Kent, shall not pass in payment of any quitrents, levies or officers fees, in the said county of James City; any law to the contrary notwithstanding
An act for giving a salary to the
speaker of the house of Burgesses. Offices of I. WHEREAS it has been thought expedient that speaker of the offices of speaker of the house of burgesses, and treathe house of burgesses &
surer of this colony should be separated; by which means treasurer se. the speaker is deprived of that provision which was parated. formerly allowed by the emoluments arising from the
treasury, whilst the said offices continued united. And whereas it is necessary, in order to support the dignity of the said office, and to enable the speaker to employ
his time in the service of his country, that a proper alSalary allow. lowance should be made him: Be it therefore enacted, ed the by the Lieutenant-Governor, Council, and Burgesses, of speaker,
in this present General Assembly, and it is hereby enacted, lieu of emol.
by the authority of the same, That the treasurer of this
uments as treasurer.
An act for appointing a Treasurer.
I. WHEREAS by one act of the general assembly Death of made in the second year of his majesty's reign, John John RobinRobinson, esquire, was appointed treasurer of the re- son, esq. late venues arising from the duties on liquors and slaves, cited. and of all other public money payable to the treasurer of this colony for public uses, by virtue of any act or acts of assembly; and the said John Robinson departing this life since the last session of assembly, after his death his majesty's lieutenant governor, in pursuance of the power and authority to him given by the said recited act, was pleased to appoint Robert Carter Nicholas, esquire, to be treasurer until the end of this session of assembly: And it being expedient that a treasurer should be appointed for receiving the revenues arising from the duties on liquors and slaves, and all otizer publie money payable into the treasury of this colony: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly,
and it is hereby enacted by the authority of the same, "That Robert Carfrom and after the end of this present session of assem- ter Nicholas, bly, Robert Carter Nicholas, esquire, shall be, and is ed treasurer. hereby nominated, constituted, and appointed treasurer of the revenues arising from the duties on liquors and slaves, and of all other public money payable into the treasury of this colony for public uses, by virtue of any act or acts of assembly, to hold the said office during the continuance of this present general assembly, and afterwards to the end of the next session of assembly. And the said Robert Carter Nicholas, esquire, is here- Authorised by authorized, impowered and required, to demand, ree to collect baceive, and take of and from the several collectors of the lar.ce due said duties all and every the sum and sums of money treasurer. arising by force and virtue of the said acts, or any, or either of them, and shall apply and utter the same to and for such uses only, and on such warrants as by the said acts for laying the said duties, or by any other act or acts of assembly, is, or shall be appointed or directed, and shall be accountable for the said money to the general assembly. And the said Robert Carter Nicho, Balance stalas, esquire, is hereby authorized and impowered to de- ted. mand and receive of the administrators of the said John
Robinson, the sum of five thousand six hundred and seven pounds three shillings and eleven-pence, now stated and found to be due from him for the balance of the revenue arising from the duties on liquors and slaves; and also the sum of two thousand five hundred pounds, for the balance remaining in his hands, of the money
appropriated for the Indian trade. Salary of II. And be it further enacted, by the authority aforc
said, That the salary of five pounds in the hundred, or so much as is or shall be by any act or acts of assembly allowed and limited, and so proportionably for a greater or less sum, shall be allowed and paid to the treasurer hereby appointed, out of all and every the sum and sums of money by him received and accounted for, to the general assembly, as aforesaid: And that there shall be also allowed to the said treasurer for auditing and settling the accounts of inspection of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred pounds per annum, for his trouble and service therein. And to the end a treasurer may not be wanting, in case of the death, resignation, or disability of the treasurer hereby appointed: Be it further enacted, That in either of these cases it shall and may be lawful for the governor or commander in chief of this colony, with the advice of the council for the time being, to appoint some other fit and able person to be treasurer of the duties, to hold the said office with all powers, authorities, salaries, and profits, aforesaid, until the end of the next session of assembly, and no
longer. Penalty of Ill. And be it further enacted, That the said Robert treasurer's Carter Nicholas, esquire, or the treasurer for the time bond.
being appointed, pursuant to this act, shall not be capable of executing the said office of treasurer until he hath given bond, payable to his majesty, bis heirs, and successors, with such sufficient sureties as shall be approved of by the governor or commander in chief of the colony, in the sum of one hundred thousand pounds, for the due answering and paying all the money by him from time to time received, as aforesaid, to be recovered upon a breach thereof, on the motion of the succeeding treasurer in any court of record, for the public use; provided that ten days notice be given in writing of such motion. And moreover the said treasurer, before he enters into his said office, shall take an oath before the governor or commander in chief of this colony, to
the effect following viz. I do swear, that, to the best of my judgment, I will truly and faithfully execute the office of treasurer in all things, according to the true intent and meaning of the act of assembly, intituled, Av act for appointing a treasurer. So help me God.
IV. And be it further enacted, That the said treasurer shall keep in a book or books to be provided for how to be
kept. that purpose, at the public charge, true, faithful, and just accounts of all the money by him received, from time to time, on the respective duties, taxes, and impositions, by virtue of any act or acts of assembly, and also of all such sum and sums of money as he shall pay out of the treasury pursuant to any act or resolution of assembly, which accounts shall be so kept as that the nett produce of the several and respective duties, taxes, and impositions, and the money paid out of the treasury, for every particular service, may appear separate and distinct from each other.
V. And be it further enacted, That is the said treasu- Penalty for rer, or the treasurer for the time being, shall divert or tion of pubmisapply any part of the money paid into the treasury lic monies. for the public use, contrary to the directions of the acts of assembly by which the same is raised; then the said treasurer, for such offence, shall forfeit his office, and be incapable of any office or place of trust whatsoever; and moreover shall be liable to pay double the value of any sum or sums of money so diverted or misapplied, to be recovered for the public use, by motion of the succeeding treasurer, in any court of record, provided ten days notice be given in writing of such motion.
VI. And be it further enacted, That Lewis Burwell, Committee George Wythe, John Blair, the younger, John Ran- to examine dolph, and Benjamin Waller, esquires, or any three of of the trea. them, be, and they are hereby appointed a committer sury to examine, in the months of June and December, in every year, into the state of the treasury; and the said treasurer is hereby required to lay before the said committee at the times aforesaid, all the accounts of the treasury, and produce the money in his hands, and thereupon the said committee shall cause all the treasury notes, which shall appear to have been received for the duties, taxes, and impositions, appropriated for the redemption of treasury notes, to be burnt and destroyed in their presence, and shall give a certificate thereof to the said treasurer, who shall be allowed for the same in his account.
And the said committee shall moreover