Preamble. 1 Geo. 2, revived for Williamsburg, within the limits thereof. Any thing in this act, to the contrary, or seeming to the contrary, in any wise, notwithstanding. CHAP. III. . An Act, for reviving the Act, For making more effectual provision against Invasions and Insurrections. I. WI HEREAS, the act made in the first year of the reign of his present majesty, intituled An Act, for making more effectual provision against Invasions and Insurrections, which was continued by two several acts; the one made in the fifth and sixth years, and the other in the eighth year of his said majesty, and is now expired, has been found, by experience, to be very useful: II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Asthree years. sembly, and it is hereby enacted by the authority of the same, That the said first mentioned act shall be, and is hereby revived, and shall continue and be in force, from the passing of this act, for the term of three next following, and no longer. years Preamble CHAP. IV. An Act, for altering the method of Trial of certain Criminals therein mentioned. I. WHEREAS, by the laws now in force, For the trial of persons committing capital crimes, twelve freeholders are to be summoned from the county where the fact is committed, for the trial of every such criminal: Which method, through the great increase of offenders, is become very burthensome and expensive to the public, as well as grievous to many of his majesty's good subjects, who live in the remote counties, and are summoned to serve as jury-men at the said trials. And whereas, most of the folonies, and other capital offences committed in this colony, are perpetrated and done by persons who have been convicted of felony, or other crimes in Great Britain, or Ireland, and there sentenced to be transported for the same. And it can be no benefit or advantage to such persons, who are commonly servants, and little known. in the neighbourhood where they live, to have a jury of the vicinage; but they may be as fairly and impartially tried by a jury of the by-standers: ders. II. BE it therefore enacted, by the Lieutenant GoDuty of vernor, Council, and Burgesses, of this present General courts for exAssembly, and it is hereby enacted, by the authority of the amination of same, That from and after the first day of February cupital offennext, when any person charged with a capital offence, shall be examined before any county court, or other inferior court in this colony, pursuant to the laws in that behalf made; such court shall have full power, and are hereby authorized to enquire, by all such ways and means as they shall think necessary, whether such person has been convicted in Great-Britain, or Ireland, of any felony, or other crime, and there sentenced to be transported for the same; and whether the term for which such person was sentenced to be transported, be expired: And if it shall appear to any such court, that the person so charged with any capital offence, has been so convicted, and sentenced to be transported, as aforesaid, and that the term for which such person was so transported, be not expired; the said court shall cause their opinion to be entered upon record: And the clerk of the said court shall and is hereby required to certify such opinion upon the back of the commitment to the public goal. III. And be it further enacted by the authority afore- How con said, and it is hereby enacted, That when any person victs shall be shall be committed to the public goal of this colony, for tried. any capital crime, and there shall be such certificate as herein before is mentioned, indorsed on the back of the commitment of such person, the clerk of the general court shall not issue any writ to summon a jury of the freeholders of the county where the fact is alledged to be committed for the trial of such persons, as hath been heretofore used; but such persons shall be tried by a jury of the by-standers, in the general court, or court of oyer and terminer, as the case may be. Any law, usage, or custom, to the contrary, in any wise, notwithstanding. IV. Provided always, That no person shall be quali- Jurors qualified to be of such jury, unless he be a freeholder, and fied. D-Vol. 5. possessed of an estate real or personal, of the value of one hundred pounds sterling. V. Provided also, That upon every such trial, the prisoner shall have the benefit of challenges, and all other advantages, which, by the laws of this colony, he would have, or might be entitled to, in case the trial was by a jury of the vicinage. VI. And be it further enacted by the authority aforesaid, That this act shall continue and be in force, for the term of four years, from the passing thereof, and from thence to the end of the next session of assembly, and no longer. Preamble. continued. CHAP. V. An Act, for continuing and amending an Act, intituled, I. WHEREAS, by one act of assembly made in the tax: II. BE it enacted, by the Lieutenant Governor, Coun5 & 6 Geo. 2, cil, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said first recited act of assembly, shall continue and be in force, from and after the last day of July, in the year of our lord one thousand seven hundred and forty, for and during the term of four years from thence next following, and no longer. III. And whereas, the allowance made by the said first recited act, for filling and leakage, is not sufficient to answer the lossess the traders in rum sometimes sustain thereby, Be it further enacted, That after the said last day of July, in the year last mentioned, every col- Further allector of the duties by this, or any former act imposed, lowance for leakage. shall abate and allow to the person or persons who shall enter any rum and pay the duty for the same, fifteen gallons in every hundred, over and above what is already directed to be by him allowed, by the said last mentioned act. Any thing therein contained to the contrary, or seeming to the contrary, in any wise, notwithstanding. Not to ex IV. Provided always, That the said allowance for leakage, shall not extend, or be construed to extend, to tend to the the duty of one penny per gallon, laid upon liquors, appropriated by one act of assembly, made in the twelfth year of the one penny. reign of his late majesty king George the first; to which his majesty has given his royal assent: But that no greater allowance for leakage, as to the said duty of one penny shall be allowed, than is provided in the said act: any thing in this act, to the contrary, notwithstanding: Master or owner may V. And be it further enacted, That when any liquors shall be consigned to any person, other than the master or owner of the ship or vessel importing the same, detain for every such person, to whom any liquors shall be so con- the duty. signed, as aforesaid, shall, upon the importation thereof, pay to the master or owner of the ship or vessel importing the same, the duty payable for such liquors, by this or any other act. And if any person or persons, to whom such liquors shall be consigned, as aforesaid, shall refuse or neglect to pay the said duty, or to give bond, with security, for the paiment 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 liquors, until the duty shall be paid, or secured to be paid, as aforesaid. VI. And be it further enacted, That all liquors imLiquors ported, on which there is a duty, and transported by seizable. water from one district to another, and landed or sold, without producing a proper certificate to the officer into whose district the same shall be transported, shall be liable to be seised and forfeited. And the liquors so seised and forfeited, shall be appropriated and disposed of, in such manner, as the other forfeitures mentioned in the said act, made in the fifth and sixth years of his said majesty's reign, are thereby appropriated. Preamble. Seller of ceive the duty. CHAP. VI. An Act, for amending and further continuing an Act intituled, An Act, for laying a Duty upon Slaves. I. WHEREAS, the duty upon slaves imported, as the same is laid, by one act of assembly made in the fifth and sixth years of his majesty's reign, intituled, An Act, for laying a Duty upon Slaves, to be paid by the Buyers; which said act was continued by one other act, made in the eighth year of his majesty's reign hath been found, by experience, to be an easy expedient for raising a revenue towards the lessening of a poll tax, always grievous to the people of this colony, and is no way s burthensome to the traders in slaves. And whereas, the method of collecting the said duty upon slaves, prescribed by the said first recited act; and by one other act, made in the tenth year of his majesty's reign, intituled, An Act for laying a Duty npon Laquors imported by Land: and better securing the Duty upon Slaves; and for other purposes therein mentioned, hath proved very inconvenient, and given great opportunities for frauds: Therefore, for amending and further continuing the said first recited act: II. Be it enacted, by the Lieutenant-Governor, Counslaves to re- cil and Burgessess, of this present General Assembly, and it is hereby enacted by the authority of the same, That every importer of slaves into this colony, either by land or water, for sale, if such importer shall sell the same himself; or if such slaves shall be consigned to any other person, than the person or persons who shall take upon him or them, the sale and disposal of such slaves, shall be, and he, and they, are hereby appointed collector and collectors of the said duty, upon the slaves so imported and sold by him, or them, respectively: And upon all other slaves, in case such importation shall be by water, that shall be imported in the same ship or vessel, belonging to the master, or other officer, commonly called privileged slaves: And every buyer or purchaser of any slave or slaves so imported, shall, upon the sale and delivery of such slave or slaves, pay down the duty, mentioned in the said first recited act, to such collector or collectors; or give his promisory note, for paiment of the same, within forty days after the time of such sale and delivery. And in case any |