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(d) which was then the frontier county, and included all the western waters within the limits of Virginia. New sources of revenue were provided; (e) a lottery was instituted; (ƒ) regular soldiers, were either impressed into the service, (g) or drafted from among the young unmarried men of the militia; (h) the militia were newly organized; (i) courts martial constituted for the trial of military offences, (k) and the act making provision against invasions and insurrections amended. (1)

During this period, while the Indians were perpetrating the most cruel barbarities on the defenceless inhabitants of the frontiers, there existed a great scarcity of Indian corn, at that time the staple article for bread.-The Assembly, to counteract the effects of such a state of things, resorted to the lex talionis, as it respected the Indians, by giving a reward of ten pounds for every enemy's scalp, taken from a male above twelve years old, and the like sum for every prisoner taken alive; (m) and by a subsequent law, the same rewards were given to friendly Indians. (n) The price of Indian corn was limited to twelve shillings and six pence per barrel (0).

It was during this war that Col. George Washington, afterwards the General, so justly celebrated as the commander of the American armies from the commencement to the termination of the revolution, first distinguished himself. The Assembly, in 1755, reciting that the officers and private soldiers of the forces, levied "in this colony had in the late engagement on the Monongahela, "behaved gallantly, and sustained great loss," voted the sum of three hundred pounds to Col. Washington, other sums to different officers by name, and five pounds to each surviving soldier. (p.) In the succeeding volumes there will be no omission of any private or local act, the editor having in his possession every act of Assembly and ordinance of convention, from the year 1752, down to the present time.

WILLIAM WALLER HENING.

(d) See pa. 258, 355. (e) See pa. 419, 435. 438, 465. () See pa. 465, 527. (i) Sec pa. 580. pa. 544. (m) See pa. 550. (n) See pa. 564. (0)

(ƒ) See pa. 453,

(g) See pa.

(k) See pa. 534, 547. (7) See See pa. 553. (p.) See pa. 528.

List of Governors of Virginia, during the

period comprised in this volume.

WILLIAM GOOCH, ESQR. was appointed Gover- Sir William nor in 1727, and continued until sometime between Gooch, Bart 1749 and 1752; the last patents signed by him, being dated the 20th of June, 1749, and the first signed by

his successor, Robert Dinwiddie, esqr. bearing date Robert Dinthe 28th of April, 1752.-The intermediate patents widdie esqr were signed either by Thomas Lee, or Lewis Burwell, as Presidents of the Council. William Gooch, esqr. acquired the title of Baronet while Governor of Virginia, as appears not only from the records of the Land Office, but from the acts of Assembly, of that period.

AT A

GENERAL ASSEMBLY,

BEGUN AND HELD AT

The College in Williamsburg, the twenty-seventh day of October, in the twenty-second year of the reign of our sovereign lord George II. by the grace of God, of Great Britain, France and Ireland, King, Defender f the Faith, &c. and in the year of our Lord, 1748.

Sir W. Gooch, Bart. Governor.

CHAP. XV.

An act for the better securing the payment of rents, and preventing the fraudulent practices of Tenants.

I. BE it enacted, by the Lieutenant Governor, Coun- The method cil, and Burgesses, of this present General Assembly, of proceedand it is hereby enacted by the authority of the same, ing in disThat where any goods or chattels shall be distrained tress forrent for any rent reserved, and due, upon any demise, lease, or contract whatsoever, and the tenant, or owner of the goods so distrained, shall not, within ten days after such distress taken, and notice thereof, and the cause of such taking, left at the chief mansion house, or other most notorious place on the premises, charged with the rent distrained for, replevy the same, by sufficient security given to the sheriff, or officer serving such distress, to pay the money or tobacco, and all costs, with lawful interest for the same, at the end of three months, in such case, such sheriff or officer shall and may sell the goods and chattels so distrained, by public auction to the highest bidder, either for money or tobacco, according as the rent reserved shall be due and payable, in the like manner as goods or chattels taken in execution; and all bonds and securities, taken upon such sale, shall be returned by the sheriff or officer, and be of the like force, and leviable when due, in the same manner as bonds taken upon executing a writ of fieri facias.

B-Vol. 6.

Where the

II. Provided always, That when distress shall be distress is for made for tobacco, between the last day of September, tobacco, be- and the last day of December in any year, and the Sep. and 31st goods distrained shall not be replevied as aforesaid,

tween 30th

Dec.

in

tress.

Remedy

case

such goods shall be sold, and security taken for paying the tobacco by the first day of January then next; and the bonds taken for the same, and costs of seizure and sale, shall be by the officer delivered to the landlord for whom distress was made.

III. And be it further enacted by the authority aforeof said, That in case any distress and sale shall be made, wrongful dis- under colour of this act, for rent pretended to be in arrear and due, where in truth no rent is arrear, or duc, to the person or persons distraining, or to him, her, or them, in whose name or names, or right, such distress shall be taken as aforesaid, then the owner of the goods and chattels so distrained and sold, his executors or administrators, shall have remedy, by action of trespass, or upon the case, against the person and persons so wrongfully distraining, or either of them, his, her, or their executors and administrators, and shall recover double the value of the goods and chattels so distrained and sold, together with full costs of suit.

Treble da

rescous.

IV. And be it further enacted by the authority aforemages upon said, That upon any pound-breach, or rescous, of pound goods or chattels distrained for rent, the person or breach or a persons grieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover treble damages, with costs of suit, against the offender and offenders in any such rescous or pound-breach, or either of them, or against the owner of the goods distrained, in case the same be afterwards found to have come to his or her use or possession.

Goods upon leasehold

V. And be it further enacted by the authority aforesaid, That no goods or chattels whatsoever, lying or lands may being in or upon any messuage, lands, or tenements, not be taken which are, or shall be leased for life, or lives, term of without pay- years, at will, or otherwise, shall at any time hereing the rent after be liable to be taken, by virtue of any writ of

in execution

arreat.

execution, or on any pretence whatsoever, unless the party so taking the same shall, before removal of the goods from off such premises, pay or tender to the landlord, or lessor thereof, or his agent, all the mo ney or tobacco due for the rent of the said premises, at the time of taking such goods or chattels in exccu

tion.

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