« PreviousContinue »
Jic, to commence and prosecute one or more suits, either in law or equity, as the case may require, for the better discovering and recovery of the said tobacco, or the value thereof.
X. And be it further enacted, That so much of the To be re. tobacco last inentioned, as may be saved and recover- viewed. ed, and has not already been re-inspected, the said commissioners are hereby impowered and required to have conveyed, with all convenient expedition, to the next or most convenient public warehouse, there to be reviewed and inspected, and then sold by the said commissioners, who shall pay the money io the treasurer for the use of the public.
XI. And whereas it is judged necessary that the present warehouses called Byrd's, Shockoe's, and Fal- Byrd's mouth, froin the lowness of their situation, should be beckre's
& Falmouth discontinued, and removed to some other places, more
warehouses convenient and secure from the overflowing of the wa- from the ter by tides and freshes:
their situaXII. Be it therefore further enacted, by the authority
tion, being aforesaid, That from and after the tenth day of Octo- subject to ber next, the several inspections at the present ware- the overhouses called Byrd's, Shockoe's, and Falmouth, shall flowing of
the waters, be, and the same are hereby discontinued; and that
by tides and from and after the said tenth day of October, the said freshes, disinspections called Byrd's and Shockoe's, shall be re- continued;
. moved to, and established on, the lots commonly known and remov
ed higher by the names of James Buchanan's and Housling's up. tenements, in the town of Richmond, and the inspection called Falmouth, to a lot of ground, containing one acre, belonging to the reverend John Dixon, adjoining the town and the back line of a lot he sold to David Briggs, merchant; and that it shall and may be lawful for the courts of the counties of Henrico and King George, respectively, to order and direct the proprietors of the said lots and lands to erect, build, and complearly finish, by or before the first day of October next, such and so many strong, close, and substantial house's, as shall be sufficient to contain, at least, at the said warehouse to be called Byrd's fourteen hundred hogsheads, at the warehouse to be called Shockoe's sixteen hundred hogsheads, and at the warehouse to be called Falmouth one thousand hogsheads, and the said courts shall previously take of the respective proprietors bonds, with sufficient securities, in reasonable penalties, payable to his majesty, his heirs, and successors,
with conditions for the faithful building of such houses. And the said inspections, when removed, and the proprietors of the warehouses, when built, shall be under the same regulations and penalties as are prescribed by the laws now in force, respecting the present warehouses of Byrd's, Shockoe's and Falmonth; and moreover the several inspectors shall be intitled to and receive
the same salaries. Commission XIII. And be it further enacted, That the said comers to exam- missioners, or any three, or more of them, shall enine and require into the state and condition of the warehouses at port the con. dition of cer
Quantico, at the time the tobacco was damaged theretain ware
in; and if they shall discover that the same were not in houses.
sufficient repair, that they examine into the cause thereof, and that they report the same to the next session of assembly.
XIV. And whereas the duties already imposed for paying the ordinary demands of the several public creditors are found insufficient to relieve the unhappy sudlerers on the present occasion, and experience bath evinced, thai the tax on legal process, ordinary licences, and wheel carriages, and a tax or duty on tobacco exported, are easy to the people, and not so bur
thensome as a poll-tax: Duties on
XV. Be it iherefore further enacted, That from and carriages, after the twenty-fifth day of October next, there shall &c how to be levied, and paid by the proprietor thereof, to our be collected
sovereign lord the king, his heirs and successors, on or and account ed for.
before the tenth day of April, yearly, a tax or duty of twenty shillings for every coach, chariot, or other four wheel carriage (except waggons) and ten shillings for every chair or two wheel chaise; and that every such owner or proprietor, at the time he delivers in a list of liis tithables to the justice appointed to take the same Fearly, shall deliver a list of each and every such carBly under the like penalty, and to be recovered in the same manner, as is directed by the act of assembly in the case of concealing tithables; which said duty shall be collected by the sheriff from each respective person within his county, who hath inlisted, or ought, under the act now in force, to have inlisted, or shall hereafter inlist, such wheel carriages; and in case of non-payment, the said sheriff may levy the same by distress, in like manner as he is by law directed to distrain for levies and other public dues. And every such sheriff shall, on or before the twenty-fifth day of Octo
ber, yearly, account with upon oath, and pay to the treasurer for the time being, appointed by, or pursuant to, an act of the general assembly, the several sums by huo received, deducting five per centum for his trouble in collecting and paying the same. And the courts of each county shall, ai the time of swearing a grand jury for such county, in the month of November, yearly, particularly give it in charge to such jury to enquire who have failed to deliver in lists of their carriages as aforesaid; and, upon presentment of any grand jury for such otience, it shall be lawful for the said court to order a summons to issue for the offender to appear at the next court, to answer such presentment, and shall not adinit of any exception or pleading to the form or manner thereof, but shall proceed to trial without the formality of a jury, and give judgment therein according to the very right of the cause; and if the party summoned fails to appear, the court may give judgment for the penalty for such offence, according to law: Also New taxes a duty of twenty shullings for every ordinary licence, to be paid by the person obtaining the same, to the clerk of the court, before such licence shall be granted: Also two shillings and six pence for every original writ or writs, in any action or suit at common law, and subpæna or subpænas, in any suit in chancery, in the general court, and for every summons, on any petition for lapsed land, and for every caveat entered in the secretary's office, and one shilling and three pence for every such writ or subpæna in the county, or other inferior court, to be paid by the plaintifi in such suit to the clerk of the court, before such process shall be issued or caveat entered, and taxed in the bill of costs, and, together with the duties on ordinary licences, shall be accounted for on oath, and paid by such clerk to the treasurer, appointed as aforesaid, in the months of April and October, yearly, deducting atier the rate of five per centuin for his trouble in receiving, accounting for, and paying the same: Also a further tax or duty of three shilings for every hogshead of tobacco passed and delivered out of the several warehouses in this colony, to be shipped after the said twenty-fifth day of 0.iber next, to be paid by the owner or proprietor thereof, which said duiy the several inspectors, at the said warehouses, are hereby required to receive from such owners or proprietors, before they deliver the tobacco out of their respective warehouses, and shall ac
count for, upon oath, and pay the same to the said treasurer, on or before the tenth day of November, yearly, deductiog five per centum for their trouble in collecting and paying the same.
XVI. And whereas several persons, from a misconstruction of the laws now in force, may have omitted to give in lists of their wheel carriages, with their tithables, in the month of June last, and may thereby be unwarily subjected to the penalties inflicted by the law for such
neglect: Be it further enacted, by the authority aforesaid, Persons who that the several persons who have failed to give in such bad failed to inlist their lists, shall, on or before the firsų day of January next, carriages, deliver to the clerk of their respective counties, a true how they list of all such wheel carriages as are hereby taxed, of the penalty. which they were possessed on the said tenth day of June
last, and on delivery of such lists, such persons shall be and they are hereby exempted and discharged from all penalties which they may have incurred for not delivering in such lists in due time, and the said clerk shall forthwith deliver such lists to the sheriff of his county, who is bereby empowered and required to collect and account for the taxes on the said carriages, in the same manner as if they had been listed at the
time. Inspectors XVII. And be it further enacted, That the several to give se inspectors shall, in their respective county courts, on or the tobacco before the twenty-fifth day of October next, give bond, duty.
with suficient securities, in reasonable penalties, payable to liis majesty, his heirs, and successors, with condition for the due collection and payment of the said duties on tobacco, and that every inspector, hereafter to be appointed, shall, before he enters upon the exe
cution of his office, give like bond and security. Proceeding
XVIII. And be it further enacted, by the authority against sher. aforesaid, That if any sherifi, clerk, or inspector, shall iff , &c, fail. refuse or neglect to account for and рау
the duties, acing to ac.
cording to the directions of this act, it shall and may be connt for duties.
lawful for the general court, or the court of the county where such sheriff, clerk, or inspector resides, npon a motion, to give judgment against them and their securities, respectively, for all such duties so by them severally received, and thereon to award execution, provie ded that ten days previous notice be given of such mo
tion. Treasurer to
XIX. And be it further enacted, That the said treaAcconnt; surer shall account with the general assembly for all the
monies that shall come to his hands by virtue of this act,
after deducting two per centum, as his salary, for re- llis salary ceiving the same.
XX. And whereas, from the great length of time allowed for collecting the duties imposed by this act (which the circumstances of the country, and the scarcity of money, would not admit of being sooner done) the said duties will not be collected in time to make the sufferers that immediate satisfaction for their losses, which the public justice intitles ihem to: Be it therefore further enacted, by the authority oforesaid, That it shall
notes tur and may be lawful for the said treasurer to issue avd 30 UCO 1.20 emit treasury notes to answer the demands that may be be emitted, made upon him for the purposes aforesaid, so that the whole amount of the said notes shall not exceed tlie sum of thirty thousand pounds, which several notes shall be printed and engraved in such form, and after such method, as the said treasurer shall judge will render them most safe from counterfeits and forgeries, and shall be signed by Peyton Randolph, and John Blair, the
Signers of younger, esquires, and in case of the death of either of notes. them, before such treasury notes shall all be signed, it shall and may be lawful for the said treasurer to appoint some other person to sign the notes, in the rocm of him so dying, of which public notice shall be given in the Virginia Gazette, for three weeks after the same shall take place, and the signing the notes by such persons, so appointed, shall be as eflectual, to all intents and purposes, as if it had been done by the persons herein named; and each of the said signers shall, for his trouble, receive the sum of ten pounds, to be paid by the treasurer aforesaid.
XXI. And be it further enacted, That James Hu- Overlorkers bard, and Peter Pelham, shall be, and they are hereby of the Press. appointed to overlook the press, during the printing the said notes, who shall use the best of their care and diligence that the number and amount of such notes be not exceeded, nor any fraudulent practice used by the printer, his servants, or any person concerned therein, and shall number and deliver such notes, when printed, to the persons appointed to sign the same, and each of them, for his trouble herein, shall receive the sum of Their duty 'twenty-five pounds, to be paid by the treasurer afore- and salary.. said, and the persons, so appointed to sign such notes, shall deliver them, when signed, to the treasurer, taking his receipt for the same; and the said treasurer shall be