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 him received, deducting five per centum for his trouble in collecting and paying the same. And the courts of each county shall, at 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 offence, 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, aud 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 shillings 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 subpoena or subpoenas, 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 subpoena in the county, or other inferior court, to be paid by the plaintiff 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 after 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 shillings 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 Otober next, to be paid by the owner or proprietor thereof, which said duty 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 Persons who had failed to inlist their carriages, how they may avoid the penalty. curity for the tobacco duty. count for, upon oath, and pay the same to the said treasurer, on or before the tenth day of November, yearly, deducting 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, that the several persons who have failed to give in such lists, shall, on or before the first day of January next, deliver to the clerk of their respective counties, a true list of all such wheel carriages as are hereby taxed, of 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, aud the said clerk shall forthwith deliver such lists to the sheriff of his county, who is hereby 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 proper time. Inspectors XVII. And be it further enacted, That the several to give se inspectors shall, in their respective county courts, on or before the twenty-fifth day of October next, give bond, with suficient securities, in reasonable penalties, payable to his 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 execution of his office, give like bond and security. Proceeding against sheriff, &c. failing to account for duties. Treasurer to acconnt; XVIII. And be it further enacted, by the authority aforesaid, That if any sheriff, clerk, or inspector, shall refuse or neglect to account for and pay the duties, according to the directions of this act, it shall and may be lawful for the general court, or the court of the county where such sheriff, clerk, or inspector resides, upon 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, provided that ten days previous notice be given of such motion. XIX. And be it further enacted, That the said treasurer 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- His salary. ceiving the same. Treasury notes for 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 them to: Be it therefore further enacted, by the authority aforesaid, That it shall and may be lawful for the said treasurer to issue and 30 000 1. to 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 the 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 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 room 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 effectual, 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. Signers of XXI. And be it further enacted, That James Hu- Overlookers 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 Treasury of allowed one per centum upon the amount of the notes by him paid away, as his salary for paying the same. XXII. And be it further enacted, That such notes notes in dis- shall be payable, by the treasurer, in discharge of all charge what debts demands that shall be brought against the public, purto be paid, suant to, and conformable to the directions of this act, and when to and shall pass current in this colony, between such persons as shall be willing to receive the same, and shall be redeemable on the tenth day of December, one thousand seven hundred and seventy-five, and shall then be taken in and discharged by the treasurer for the time being, and shall be burnt and destroyed by the committee appointed by a former act to examine and burn the old treasury notes. be redeemed. Penalty for forging. Paper not to hotes. XXIII. And be it further enacted, by the authority aforesaid, That if any person, or persons, shall forge or counterfeit, alter or erase, any such treasury notes, or tender any such notes in payment to any person whatsoever, or demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erased, every person so offeuding, if lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy. XXIV. And whereas pasting paper on the back of be pasted on such treasury notes may be a means of preventing the detection of forgeries; Be it further enacted, That no person shall be intitled to a redemption of any note, on the back of which any other paper shall be so pasted; but if any treasury note shall be accidentally torn, wetted, or otherwise defaced, the proprietor thereof shall be intitled to receive the amount thercof from the treasurer, upon returning such note to him to be burnt as aforesaid. XXV. And be it further enacted, That the money to be raised by the duties imposed by this act, shall stand, be, and remain, as a security for the redemption of the said treasury notes so to be issued, and the said treasurer, or the treasurer for the time being, appointDuties im- ed as aforesaid, is hereby required to apply all such money as shall come to his hands for the said duties, for and towards the redemption of such treasury notes, and to no other use or purpose whatsoever, posed to redeem the notes. Treasurer to XXVI. And be it further enacted, by the authority give securi- aforesaid, That Robert Carter Nicholas, esq. treasurer of this colony, shall give such further security as shall be approved of by the president or commander in chief, in the sum of sixty thousand pounds, for the due answering and paying all such money as shall be received by him from time to time, and for the true and faithful performance of his office, and in case of his death, resignation, or disability, the treasurer to be appointed in his stead shall, in like manner, give such further security, before he enters into his said office. XXVII. And be it further enacted, by the authority Continuance aforesaid, That so much of this act, as relates to the imposing the duties aforesaid, shall continue and be in force until the twenty-fifth day of October, one thousand seven hundred and seventy-five, and no longer. CHAP. II. An act for further continuing the act, intituled An act for the better regulating and disciplining the militia. I. WHEREAS the act of assembly, made in the Act for betthirtieth year of the reign of his late majesty king ter regulatGeorge the second, intituled An act for the better re- ing and disciplining the gulating and disciplining the militia, which was con- militia, furtinned by another act, made in the thirty-second year ther contin of his said late majesty's reign, and was continued and ued. amended by two other acts, made in the third and seventh years of his present majesty's reign, will expire at the end of this present session of assembly, and it is expedient that the same should be further continued: II. Be it therefore enacted, by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That this act, together with the said recited acts, shall continue and be in force, from and after the passing of this act, for and during the term of two years. |