Page images
PDF
EPUB

towards the better support of this government, and the contingent charges thereof; one third part to the governor of this colony, for the time being, to and for his own proper use and behoof; and the other third part to him or them that will inform or sue for the same; to be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this colony and dominion; wherein no essoin, protection, or wager of law shall be allowed.

ted.

XVII. And be it further enacted, That the governor or Collectors commander in chief of this colony, for the time being, how appoinwith the advice of the council, shall be, and is hereby impowered, from time to time, and at all times hereafter, to nominate, constitute, and appoint such and so many collectors of the duties laid by this act, upon liquors, and also such salaries, not exceeding six in the Salary. hundred, for collecting the said duties, as to him shall seem best.

treasurer.

XVIII. And be it further enacted, by the authority a- Collectors to foresaid, That all and every such sum or sums of account with money, which shall be raised, collected, and levied, by and pay to the said duties, the necessary charges of collecting, managing, and accounting for the same, always excepted, shall, from time to time, be accounted for and paid, by the respective collectors thereof, to the treasurer of Virginia, for the time being, upon oath; which oath the said treasurer is hereby impowered to administer; and by the said treasurer accounted for to the General Assembly of this colony, upon oath: And that all and every such sum and sums of money: Duties apwhich shall be raised, collected, and levied, by the said propriated, duties of two pence for every gallon of wine, rum, brandy, and other distilled spirits; and one penny upon every gallon of cyder, beer, and ale, over and above

the necessary charges aforesaid; are, and shall be ap- In aid of the propriated, issued, applied, and disposed to such use taxes; or uses, as the General Assembly, from time to time shall think fit to direct, for lessening the levy by the poll, or defraying any public expence, and to and for no other use whatsoever. And that all and every sum and sums of money, to be raised and levied out of the duty of one penny upon every gallon of wine, rum, ry college; brandy, and other distilled spirits, by this act imposed, as aforesaid, is, and shall be appropriated to the relief of the college of William and Mary, in this colony,

For relief of

Wm. & Ma

And to be accounted for to the Assembly.

Governor's

empt from duty.

for and during the said term of eleven years; and shall be paid, by the said treasurer, half yearly, in equal portions, unto the president and masters of the college, and their successors; and shall be applied and disposed of for the founding scholarships, and such other good uses, for the better support of the college, as by the visitors and governors of the said college, or the greater part of them, shall, from time to time, be directed and appointed, and not otherwise; and shall be accounted for to the Assembly.

XIX. And be it further enacted, by the authority aMaderia ex- foresaid, That all Madeira wine, imported by his majesty's lieutenant governor, or the governor and commander in chief of this colony, for the time being, not exceeding ten pipes in one year, for his own use, be, and are hereby exempted from the payment of the duties imposed upon wine imported: Any thing in this act contained to the contrary, notwithstanding.

Collectors

count.

XX. And be it further enacted, That all collectors when to ac- of the duties imposed by this act, be, and are hereby required to account with the treasurer, every half year, (to wit,) on the twenty fifth day of April, and the twenty fifth day of October, in every year, or within fifteen days afterwards; upon pain of forfeiting one half of their commissions, to be deducted out of their accounts by the treasurer, and by him carried to the credit of the public treasury.

Preamble.

CHAP. II.

An Act, for continuing the Act, intituled, An Act, for laying a duty upon slaves, to be paid by the buyers.

I.

W

WHEREAS, by an act of Assembly, made in the fifteenth year of the reign of his present majesty, intituled, an act, for continuing the act, intituled, an act, for laying a duty upon slaves, to be paid by the buyers, several other acts therein mentioned, were confirmed and further continued; all which will expire on the last day of July, in the year of our lord one thousand seven hundred and forty seven: And the said duty having, by experience, been found easy to the subjects of this colony, and no ways burthensome to the traders in slaves, and at this time very

necessary to be continued, for supporting the public

expence:

11. Be it therefore enacted, by the Lieutenant Govern- Former acts or, Council, and Burgesses, of this present General continued. Assembly, and it is hereby enacted, by the authority of the same, That the said recited act, and the several acts therein mentioned, for so much thereof as relates to the duty upon slaves, shall continue and be in force, from the said last day of July, one thousand seven hundred and forty seven, for and during the term of four years, thence next following, and no longer.

CHAP. III.

An Act, to amend the act, for establishing the General Court; and for regulating and settling the proceedings therein.

[ocr errors]

W

THEREAS, by one act of Assembly, made in Preamble. the fourth year of the reign of the late queen Anne, intituled, An act, for establishing the General Court; and for regulating and settling the proceedings therein, it is, among other things, enacted, That the said General Court shall be held two times every year, (to wit,) one court shall begin upou the fifteenth day of April, if not on a Sunday, and then on the Monday thereafter, and shall continue to be held eighteen natural days, Sundays exclusive; and the other court shall begin on the fifteenth day of October, if not on a Sunday, and then on Monday thereafter, and shall continue to be held eighteen natural days, Sundays exclusive: And whereas the business of the said court is, of late, so greatly increased, that the times aforesaid are not sufficient to go through the same; and thereby suitors are much delayed and put to great charges: For remedy whereof,

neral court./

II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and Terms of ge it is hereby enacted, by the authority of the same, That for the future, one of the said courts shall begin upon the tenth day of April, if not on a Sunday, and then on the Monday thereafter, and shall continue to be held twenty four natural days, Sundays exclusive; and the other court shall begin upon the tenth day of October,

if not on Sunday, and then on the Monday thereafter; and shall continue to be held twenty four natural days, Sundays exclusive.

Power of adIII. Provided always. That if the business of the journment. said court shall be ended in less time than the days appointed by this act for the judges or justices of the said court to sit, in such case it shall be lawful for them to adjourn themselves until the next succeeding General court.

common law suits.

made up.

Days approIV. And be it further enacted, by the authority apriated for foresaid,, That the first five days of every General chancery & Court, be appointed for hearing and determining suits in chancery depending in the said court, appeals from decrees of the county courts, or other inferior courts, in chancery, and writs of supersedeas to such decrees; and that the other days be appointed for trying suits or prosecutions, on behalf of his majesty, and all other matters whatsoever, there depending; and the clerk of the court is hereby required to regulate the Docket accordingly, proportioning the said suits and causes to Docket, how such of the said days as will be most convenient: And that instead of the return days, now by law established, process at the suit of his majesty on criminal prosecutions, be returnable to the sixth day of every General court; process on petitions for lapsed land, to the seventh day; appeals from decrees in chancery obtained in county courts, or other inferior courts, to the third day; appeals from judgments of the last mentioned courts, to the eighth day, instead of the sixth day; to the ninth day, instead of the seventh day; to the tenth day, instead of the eighth day; to the eleventh day, instead of the ninth day; and to the twelfth day, instead of the tenth day: And that all writs of supersedeas, and writs of error, to such decrees or judgments, be returnable to the same day as appeals therefrom; and all other writs of subpoenas in chancery, and other process, to the first and twentieth days of every General court.

Repealing clause.

V. And be it further enacted, by the authority aforesaid, That so much of the said recited act, and of any other act, as is contrary to this act, be, and the same is hereby repealed, and that this act shall commence and be in force, on the last day of May next.

I.

W

CHAP. IV.

An Act, for the revisal of the Laws.

WHEREAS the acts of Assembly of this colony, lie in great disorder and confusion, by reason many of them are altered and explained, and others repealed: And whereas it is necessary that the said laws should be revised, and a new impression thereof made, but such revisal cannot conveniently be effected during the session of an Assembly, without bringing a great and extraordinary charge upon the inhabitants of this dominion; and it will be the most proper and easy method to perform the same, by appointing a joint committee of the Council and Burgesses, to begin and compleat the same:

Preamble.

Revisal of

II. Be it enacted by the Liontenant-Governor, Couneil, and Burgesses, of this present General Assembly, and the laws, it is hereby enacted by the authority of the same, That John Robinson, John Blair, and William Nelson, esquires, members of his majesty's honourable council; John Robinson, esquire, Mr. Secretary Nelson, Richard Randolph, William Beverley, Beverley Whiting, and Benjamin Waller, gentlemen, members of the house of burgesses, or any six of them, whereof two to be of the council, and four of the house of burgesses, shall be, and are hereby appointed a committee, for the revisal of the whole body of the laws of this his majesty's colony and dominion; and that George Webb, gentleman, be clerk of the said committee: Which Power of committee, by virtue of this act, shall have full power and authority, to revise, alter, and amend, all or any of the said laws, and reduce the same into bills, in such manner and form as they shall think fit and necessary; which said bills shall, by the said committee, be reported to the next meeting of the Assembly after the said laws shall be fully revised. And to prevent any delay which may happen, in the proceedings of the said committee, by reason of the death, departure out of the colony, or any other disability of the members thereof;

III. Be it further enacted by the authority afore- what mem said, That the number of three councillors, and six ber may act. burgesses, to constitute the said committee, shall, from

RR-Vol. 5.

« PreviousContinue »