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Darlington Memorial Library
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THE
BEING
A COLLECTION
OF ALL THE
LAWS OF VIRGINIA.
FROM THE
FIRST SESSION of the LEGISLATURE,
IN THE YEAR 1619.
PtJBLiSHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY
OF VIRGINIA, PASSED ON THE FIFTH DAY OF FEBRUARY,
ONE THOUSAND EIGHT HUNDRED AND EIGHT,
VOLUME VIII.
mt ;@>:®;@;<iWi»
By WILLIAM WALLER ilENING.
" The Laws of a country are necessarily connected with every thing be- longing to the people of it; so that a thorough knowledge of them, and of their progress would inf',rm us of every thing that was most use- ful to be known about them; and one of the greatest imperfections of historians in general, is owing to their ignorance of law."
Priestlet's Lect. on Hist. Vol. I. pa. 149.
RICHMOND: FRINTEB FOR THE EDITOR
3. & G. COCHRAN, PRINTERS.
1821.
^^
/S>6/
We Robert G. Scott, and William Selben, members of the Executive Council of Virginia, do hereby certify that the Laws contained in the Eighth Volume of Hening's Statutes I at Large, have been by us examined and compared with the | originals from which they were taken, and have been found truly and accurately printed, except as to a list o{ Errata to the I number of thirty six, at the end of the volume. Given under our hands this 6th day of November, 1821.
ROBERT G. SCOTT. WILLIAM SELDEJC
PREFACE
TO THE
E.\g\ith Volume of the Statutes at Large,
This Volume terminates the laws under the colonial goverii- inent, and brings them down to the year of our Lord, 1773. In 1774 no assembly was held. The failure to call assemblies " for a long space of time" is one of the instances of misrule in the kingly office, recited in the preamble to our state constitution. Ihat spirit of disaffection produced by the stamp-act, and which IS manifested by a law of 1766, extending the act of limitations m consequence of the courts, refusing to receive the probat of deeds subject to a stamp duty, (a) never entirely subsided. To this suc- ceeded such innovations and restrictions in the mode of acquiring titles to waste and unappropriated lands, as amounted to a total prohibition These, with many other acts of royal oppression, enumerated by the framers of our constitution, led to iheREvox^u- TiON, which finally separated the colonies from the mother coun- try. With the Ordinances of Convention of 1775, passed during the interregnum, the next volume will commencei^then will follow in regular succession, the Acts of (he General Assembly of Virginia under her republican form of government; by far the most inter- estmg period of our laws.
_^ WILLIAM WALLER HENING.
(n) See pa. 19J.
List of Governors of Virginia^ during the period compinsed in this volume.
FRANCIS FAUQUIER, Esq. continued Governor Francis Fau- from 1758 to 1767; the last patents signed by him, be- quler, esq. ing dated the lOih of September, 1767; after which John Blair, esq. officiated as President of the Council.
John Blair, esq. acted as President of the Council jolm Blair, until the latter part of the year 1768; the last patent esq. pre;,!- signed by him bearing date the 24th of October, 1768. ^^^^n^Jif/'''' He was succeeded by Norborne Berkeley, Baron de Botetourt, by whom the first patents were signed the 6th of April, 1769.
Lord Botetourt continued governor until 1770, when LordBjte- he died; the last patents signed by him, are dated the 27th of August, 1770.
William Nelson, esq. was President of the Council WilllamNel- from the death of Lord Botetourt, in 1770, until the ^^^l^^^^T accession of John Murray, Earl of Dunmore, in 1772; council. the last patents signed by William Nelson, esq. as pre- sident of the council, are dated the 3d of August, 1771, and the first by Lord Dunmore, as governor, the 31st
of March, 1772.
Lord Dun- . more, the
Lord Dunmore continued governor until the com- last gover- luencement of the Revolution in 1775, when he fled, "o"* ""der
the colonia^l government.
ANNO REGNI
Keg'is Magwse Bviianmee, Fvanc'ise et IWbevmse, quavto.
At a General Assemlly, begun and held at ike Capitol, Francis Fau- in the City of Williamsburg, on Tuesday the 2Gth 0/ governor. May, in the first year of the reign of our sovereign lord George III. by the grace of God of Great-Bri- tain, France and Ireland, king, defender of the faith, ^c. and in the year of our Lord 1761, and from thence continued by several prorogations to Thursday the 12th of January, 1764, in the fourth year of his majesty^ reign; and then held at the Capitol, in the City of Williamsburg; being the sixth session of this General Assembly.
CHAP. I.
An act Jo?' appointing commissioners to examine and state the accounts of the militia lately ordered out into ac- tual service.^ and for other purposes therein mentioned,
I. WHEREAS several companies of the militia of Commisslon- the several counties herein after named have lately been ^^^ to state drawn out into actual service, by command of his ho- militialatef noiu' the Governour, for the defence and protection of called into the frontiers of this colony, against the incursions and actual ser^ depredations of the Indians, and it will be a great saving to the colony to have the accounts of their pay, and jhe provisions, arms, and other necessaries furnished for them, adjusted by commissioners in the country; and it is moreover judged reasonable, and expedient at this B— Vol. 8.
rice.
10 LAWS OF VIRGINIA,
time, when the defence of the colony must depend upon our militia, to allow them some additional reward to encourage them cheerfully to enter into the service, and perform their duty therein:
U. Beit therefore enacted, by the lAeutenant-Gover- nour. Council and Burgesses, of this present General Assemhly, and it is hereby enacted by the auihority of the same, That George Washington, Fielding Lewis, Wil- liam Green, Thomas Marshall and Thomas Rutherford, gentlemen, be, and they are hereby appointed commis- sioners for the counties of Hampshire, Frederick, Cul- peper, Prince-William, Loudoun and Fauquier, and Thomas Walker, George Cairington, William Cabell, Thomas LeAvis, and Peter Hogg, gentlemen, for the counties of Augusta, Louisa, Orange, Albermarle, Am- herst, Bedford and Halifax, to examine, state, and set- tle the accounts of such pay, provisions, arms, and ne- cessaries for the militia of the counties for which they are appointed commissioners respectively, allov»ing in such accounts the additional pay of sixpence a day to every subaltern and non-commissioned oiiicer and sol- dier, and also the pay of five shillings a day to such per- son employed as a scout by direction of the governour; and where arms have been impressed for the said ser- vice, and the proprietor thereof hath refused, or shall refuse, such arms when returned, in such case the said commissioners shall allow such proprietor the appraised value thereof, and such arms shall be delivered to the county-lieutenant, or other commanding officer, for the use of the publick, to be used by the militia as occasion requires, until the General Assembly shall give further direction therein. And the said commissionersj or an}' three of them, shall, and they are hereby empowered, and required, to meet for the purposes aforesaid at such times and places as they shall respectively think fit and convenient, of which time and place publick notice shall be advertised at the court house of each respective coun- ty, at least one month before such meeting, and to ad- journ from time to time until they shall have settled all the accounts of the said militia; and shall have power to call all persons concerned in settling the said accounts before them, and to administer an oath or oaths to any prison or persons, for their better information in the premises: And that the said commissioners, or any two of them, shall certify the said accounts so by them cXt amincd, stated and settled, to the governour or com-
JANUARY 1764— 4th GEORGE III. i i
niander in chief for the time behig, who is liereby de- sired to issue his warrant to the treasurer of this colony from time to time for the payment thereof; and the said treasurer shall pay the same out of the money that shall come to his hands for bills of exchange to be drawn on the agent of this colony in Great Britain, in pursuance of an act of assembly made in the thirty-fourth year of the reign of his late majesty king George the second, entitled, An Act for appointing persons to receive the money granted, or to be granted, by the Parliament of Great Britain to his majesty for the use of this colony,
III. And be it further enacted, hy the authority afore" Bounty to said, That when any county lieutenant, or other com- militia, manding officer of the militia, shall be required by the governour or commander in chief of this colony to draught any part of his militia, pursuant to the act of assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled, An Act for reducing the several acts for making provision against invasions and insurrections into one act, sucli county lieutenants, or other com!,nanding officer, shall be empowered to offer a bounty of forty shillings to every person who will voluntarily engage in the ser- vice; and the persons so engaging shall be entitled to such bounty, to be paid by the publick, on such officers certificate to the next session of assembly; and shall moreover have such pay and exemptions, and be sub- ject to the same regulations, lines, and punishments, as the mihtia drawn into actual service are entitled and subject to by the said act.
IV. Provided, That such person shall continue in the service until the governour or commander in chief shall order the militia of such county to be discharged, and shall also be ready to serve whenever he is called upon by the commanding-officer of the county to which he belongs, for one year, to be computed from the time ofhis engaging as before mentioned. And if the number required cannot be raised by such voluntary enlistments, then the county lieutenant, or other commanding offi- cer, shall proceed to draught so many men of his militia as will make up the number, in the manner directed by the said act: and every subaltern and non-commissioned officer and soldier, who by such voluntary engagement or draught shall be employed in the defence of this co- lony, at any time before the first day of December next.
12 LAWS OF VIRGINIA,
shall receive sixpence a day over and above the pay allowed by the said act, to be paid in the manner there- in directed.
V. And whereas some of the militia lately employed lost part of their baggage, and their horses, in skir- mishes with the Indians, for which they ought to be paid by the publick: Be it therefore further enacted. That the said commissioners shall be, and they are hereby empowered and required, respectively, to ex- amine the accounts produced to them of such losses, and report the same to the next session of assembly.
VI. And he it further enacted. That the said com- missioners shall be allowed for their trouble ten shillings a day each, for the time they shall be employed therein.
CHAP. II.
All act for amending an act^ entitled^ An act for amending and farther continuing the several acts of Assem- bly of this colony for amending the staple oftohacco^ and for preventing frauds in his majesty's customs.
Recital of I. WHEREAS by an act, entitled, An Act for amend- fbrmei- act. Jng and further continuing the several acts of assembly of this colony for amending the staple of tobacco, and for preventing frauds in his majesty's customs, it is, amongst other things, enacted that where the owner or proprietor of any publick warehouse, or some other person on his behalf, will not undertake the buildings and repairs as by the said recited act are directed, it shall and may be lawful for the justices of the county in which such publick warehouse stands, and diey are thereby required, to cause such repairs and houses to be made and built as aforesaid, and to levy the charge thereof upon the inhabitants of their county; and that they shall and may take and receive annually a part of the rents established at such inspection, in proportion to the other houses there, for reimbursing the county the charge of such repairs and buildings.
JANUARY 1764— 4th GEORGE III. 13
II. And whereas it will be a great hardship upon the Expenses of inhabitants of such counties who shall be obliged to ad- j:'^':"',*^'"^' ^^'^ vance money for such buildings and repairs to lie out warehouses, of the same until they can be reimbursed in the manner to be certifi- presci'ibed by the said act, Be it therefore enacted hy the *^^ ^° ^^^^ Lieutenant-Governonr, Council and Burgesses, of this paid by Uk- ■jpresent General Assembly, and, it is hereby enacted by \mhY\c.
the authority of the same, That where the owner or pro- prietor of any publick warehouse shall refuse or neglect to erect or make such buildings or repairs as are direct- ed by the said recited act of assembly, the justices of the county court wherein such buildings or repairs are to be made shall direct or cause the same to be made in manner as by the said recited act is directed, and shall certity tiie expense thereof to the treasurer of tliis colony for the time being, who is hereby directed and required to pay and discharge such expense out of tlie publick money in his hands arising from the inspection of tobacco, and shall and may take and receive of tJic inspectors annually a part of the rents establislied at such inspection, in proportion to the other houses there, for reimbursing the publick the ciiarge of such buildings and repairs, until the same shall be fully satisfied and repaid, which proportion shall be certified by the seve- ral county courts to the treasurer aforesaid.
III. And be itfutther enacted, by the authority afore- said, That so much of the said recited act of assembly as relates to levying the expense of the said buildings or repairs on the inhabitants of die county wherein such buildings or repairs shall be made, be, and the same is Jiereby repealed.
14 LAWS OF VIRGINIA,
CHAP. m.
An act to erR-poicei^ the vestry of the pa-* 7v'sh of FM^oheth River ^ in the coun- ty of Norfolk^ to purchase and im' prove lots in the horougJi of Norfolk for the use of the minister^ instead of a glehe^ and to jyay their niinisterr's salary in money instead of tobacco,
Vesu\ ot I- WHEREAS by a certain act of Assembly, made lilizabeth- in the first yea^r oi'his present majesty's reign, entitled, Hiver parish ^^^ p^^^^ j-qj, (dividing tlie parish of Elizabeth-River, in purchase & ^^^ county of Norfolk, into three distiact parishes, for improve lots dissolving the vestry of the said parish, and for other ill boroiig-h pi^i-ppses therein mentioned, the said parish was accord- fir their ' ^"S^y tlivided into three distinct parislies, all that part minister, in- whereof lying to the northward and eastward of Eliza- stead of a beth-River, and the eastern branch thereof, was erect- ^^lebc; and to ^^ -^^^^^ ^^^^ distinct parish, and retains the name of ry in money, Elizabedi-River, within the bomids whereof the bo- liistead of rough of Norfolk is included, which is become so popu- tobacco. ipjjg ^^^ j^ contains at least three fourths of the inha- bitants of the said parish.
1:1. And whereas it is represented to this present Ge- neral Assembly, as well by the minister, church-wardens, and vestry, as by divers other inhabitants of the said parish of Elizabeth-River, that although by the said, above mentioned act the glebe of the said parish, as it formerly stood entire and undivided, was directed to be sold, and the money arising from the sale thereof to be divided between the three new paiishes, in proportion io their respective number of tithables, to be applied to- wards purchasing glebes for the said parishes; yet, ne- vertheless, that die share of that money due to the said parish of Elizabeth-River is not near sufficient for that purpose, and that the lands in the said parish are in general extremely poor and barren, though held at a high price, whereby the}' are prevented from })urchas- ing a convenient glebe for their minister; and that it woidd he more convenient to the minister, and, con- sidering the small extent of the parish, not inconvenient
JANUARY 1764— 4tli GEORGE III.
to the inhabitants of the said parish, if the residence of their said minister was fixed in the said borough of Norfolk.
III. And whereas it is further represented that as the lands in the said parish are not fit for the cultivation of tobacco, a very inconsiderable quantity of that com- modity has been raised for many years past, by ^^hicb means the parishioners are often subject to most exor- bitant exactions from the collectors of the parish levies, hitherto payable in tobacco, and that it would be a great ease to the inhabitants of the said parish if tfiey were permitted to pay their Minister's salary in money instead of tobacco, who is willing to accept of an annu- al salary of two hundred pounds current money in lieu of the salary established by law, and of any other be- nefits and advantages that he tnight receive and acquire by being provided with a glebe in the manner by law appointed, and they have made their humble petition to this General Assembly that an act may pass to ena- ble them to purchase lots in the said borough of Nor- folk, and to build coiivenient houses thereon for the re- ception and residence of their minister, and to levy the expense thereof on the inhabitants of the said parish, and also to pay their said minister's salary in money instead of tobacco.
IV. Be it therefore enacted, by the Lieutenant- Go- vernour, Council and Burgesses, of this present General Assembly, at the humble suit of the JMinister, Vestry and Inhabitants, of the said parish, and it is hereby enacted by the authority of the same. That it shall and may be lawful to and for the present vestry of the said parish of Elizabeth-River, and the vestry of the said parish for the time being, and they are hereby empowered and required, as soon as conveniently they can after the passing of this act, to purchase any number of conve- nient lots within the said borough of Norfolk, not ex- ceeding four, and to cause the same to be conveyed to them, and their successours, by good and sufficient deeds of conveyance. In trust, to and for the use of the minister of the said parish for the time being, for ever^ which lots when so purchased and conveyed shall be, and are hereby declared, to be vested in the present minister of the said parish, and his successours, in lieu of a glebe directed to be provided by the act passed in the twenty-second year of the reign of his late majesty king George the second, entitled. An Act for the sup-
i 0 LAWS OF VIRGINIA,
port of the Clergy, and for the regular collecting and paying the parish levies: And the said vestry are here- by also empowered and required to cause to be erected and built, on such of the said lots as they shall think proper, one convenient mansion house, and such other houses and improvements as are by the said last men- tioned act directed to be built on the several glebes in this colony, and to levy the charge, as well of the said lots as of the buildings to be erected thereon, on the tithable persons of their said parish.
V. And be it further enacted, by the authority afore- said, That the vestry of the said parish for the time be- ing shall, and they are hereby empowered and required, annually, at the laying of their parish levies, to levy and assess upon the tithable persons of their said parish a salary of two hundred pounds current money, which shall be paid to the minister of the said parish for the time being, in lieu of the salary of sixteen thousand pounds of tobacco and cask, now by law allowed, and also in lieu of all other advantages and benefits which the said minister might acquire from a glebe; which said salary of two hundred pounds shall be collected, levied and paid, at the same times, and in the same manner, as is by the said above mentioned act of Assembly direct- ed and appointed for the collection and payment of the ministers salaries in this colony.
VI. Provided always. That the execution of this act shall be, and the same is hereby suspended, until hi? majesty's approbation thereof shall be obtained.
CHAP. IV.
An act for opening and clearing a road ihroiigli Rochjish Gap^ over Ihe Mountains.
Iload I- WHEREAS it hath been represented .to diis pre-
throufth soit General Assembly that the opening and clearing a
Jtockfiih,^ _ road over the mountains in the county of Augusta, at a
^^e nKMiii- pl^^ce called tlie Rockfish gap, would be a great advan-
ttiins, to be tage to the inhabitants of that and the neighbouring
opened. counties, as it would be the most convenient passage for
JANUARY 1764~-4th GEORGE III. 1 7
extending their commerce to a considerable distance be- yond those mountains; but that it cannot be effected in the manner prescribed by the laws of this colony for clearing of roads, and must be attended with more than ordinary expense:
II. Be it therefore enacted, by the Lieutenant- Gover- nour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the court of the said county of Augusta, and they are here- by authorized and empowered, from time to time, as they shall think it necessary, to appoint proper persons to open and clear a road over the said mountains through the said gap, and to levy the expense thereof on the tithable inhabitants of the said county, at the time of their laying the county levy; so that such expenses shall not exceed the sum of one hundred and fifty pounds, which shall be levied and collected in the same manner as the other county levies, and paid to the persons enti- tled to the same.
CHAP. V.
An act for discontinuing the Ware- houses on the south side of Nomony River ^ and establishing others at a more convenient Landing.
I. WHEREAS it is represented to this present Ge- '\Varehoi}?e, neral Assembly, by sundry inhabitants of the county of ""^^"^^^'^^ Westmoreland, that the publick warehouse for the in- river discon- spection of tobacco, as it is now established on the south tinued, and side of Nomony river, in the said county, is very incon- "^^ °"^ ^' veniently situated, as well with regard to the planters as fand^of wil- to the merchants trading with them for their tobacco; liam Flood, and that, as the said warehouse is at this time in a ruin- ous condition, a new one must of necessity be built in a short time, which may be placed on a much more com- modious spot, lower down the river, on the land of Wil- liam Flood, gentleman, the present proprietor of the said warehouse, who is also willing and desirous that such a removal may be made: C— Vol. 8.
LAWS OF VIRGINIA,
it. Be it therefore enacted by the Lieutenant GoDer- nour, Council and Burgesses, of this present General As- sembly, and it is hereby enacted by the authority of the same, That from and after the first day of September next the warehouse at Nomony aforesaid shall be dis- continued, and a new warehouse erected lower down the said river, near to the lower ferry, on the land of the Said William Flood, and that it shall and may be law- ful to and for the court of the said county of West- moreland to order and difect the said William Flood, or the proprietor of the said land for the time being, to erect, build, and completely finish, by or before the said first day of September next, such and so many strong, close, and substantial houses, as shall be sufficient; in their opinion, conveniently to con- tain one half of the quantity of tobacco mentioned in the account of the inspectors of the present warehouse the last year, and to secure the said houses in the man- ner directed by an act of Assembly made in the first year of his present majesty, entitled, An Act for amend- ing and further continuing the several acts of Assem- bly of this colony for amending the staple of tobacco, ajid preventing frauds in his majest}''s customs; and the said court shall also talve bond, with sufficient security,' in a reasonable penalt}^, payable to his majesty, his heirs and successours, with condition for the due per- formance of such buildings.
CHAP. VI.
An act to enable certain adventurers to drain a large tract of marsJiy oroutids in the coiijities of JVanse- mond and Norfolk:
I. WITEREAS a number of gentlemen have lateK' 3\vamn coin- ^*^rmed themselves into a company of adventurers for wany author- <^lie pui'pos? of draining, and rendering iit for cultiva- jscd to diaiii tion, a large tract of marshy ground, known by the ' ■ name of tlie Great Dismal Swamp, lying in the coun-
ties of Nansemond and Norfolk, which if eliected will be attended with publick utility; but as it may happen that in the jjrosecution of their uiidertakino: tliey mav
Dismal
JANUARY 1764~4th Gj:ORGE III. 19
be under a necessity of cutting and passing through some of the adjacent lands, and thereby subject them- spjves to prosecutions:
II. For the prevention whereof, and for the encou- ragement of so laudable and useful a design, Be it enacted hy the Lieutenant-Governour, Council and Bur- gesse$, of this present General Assembly, and it is here- by enacted by the authority of the same, That it shall and may be lawful for the said conipany of adventurers, or any of them, at any time, to enter upon, and have such a free passage, and make such canals, or cause- ways, through the lands of any person whatsoever ad- jacent to the said Dismal Swamp, as may be conducive to the more effectual draining thereof, without being subjecj to the action or suit of any such perspns for th^ same.
III. Provided nevertheless, That if the proprietor of any such adjacent lands shall think himself injured thereby, he shall give notice thereof to the said com- pany, or their agent or agents, w ho shall within twenty da^'s appoint one person on their part, to join with another to be chosen by the party complaining, to con- sider and determine the yalue of such damages as shall appear to them to have been sustained by such person, which valuation shall forthwith be paid by the said company; and if the persons so appointed cannot agrep in opinion as to such damages, tliey shall appoint a third person, whose determination ^hall Ipe fnial.
CHAP. VIL
A71 act for establishing a Ferry from the land of Thomas Casson^ over RapjKihannQck River^ to the oppo^ site shore in Caroline,
I. WHEREAS it is represented to this present Ge- Casson's fer- neral Assembly by sundry inhabitants of the county of ""y'/^^'^i"^'*^?* King George, that the establishing a ferry from the land |?iver"'esta' of Thomas Casson, in the said county, over the river blished, Rappahannock, to the land of Sarah Conwa}', opposite thereto, in the county of Caroline, Avould be very con- venient to travellers in that neighbourhood:
20 LAWS OF VIRGINIA,
II. Be it therefore enacted by the Lieutenant Gover- nour Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That a publick ferry be constantly kept from the said Thomas Casson's land over the said river to the opposite shore in the said comity of Caroline, and that the rates for passing the said ferry be as follows, that is to say: For a man threepence and for a horse the same; and for the transportation of wheel-carriages, tobacco, cattle, and other beasts, the ferry-keeper may demand and take the following rates, that is to say: For every Rates. coach, chariot, or wagon, and the driver thereof, the
same as for six horses; for every cart, or fom*-wheeled chaise, and the driver thereof, the same as for four hor- ses; for every two-wheeled chaise, or chair, the same as for two horses; for every hogshead of tobacco, the same as for one horse; for every head of neat cattle, the same as for one horse; and for every sheep, goat, hog, or lamb, one fourth part of the ferriage of one horse, ac- cording to the prices herein before settled, and no more. And if the ferry-keeper shall presume to demand or re- ceive from any person or persons whatsoever any great- er rate than is hereby allowed for the ferriage of any thing whatsoever, he shall for every such offence for- feit and pay to the party grieved the ferriage demand- ed and received, and ten shillings, to be recovered with costs before any justice of the peace of the said county; and the court of the said county of King George shall and may, and are hereby required, to order and direct what boat or boats, and what number of hands, shall be kept at the said ferry; and the said ferry-keeper shall enter into bond in the manner directed by an act of Assembly made in the twenty-second year of his late majesty's reign, entided. An Act for the setdement and regulation of Ferries, and for despatch of publick ex- presses, and shall be subject to the penalties thereby in- dicted for any neglect or omission of duty.
JANUARY 1764— 4th GEORGE III. 21
CHAP. VIII.
An act to empower the corporation of the City of Williamsburg to assess taxes on the inhabitants thereof for the purposes therein mentioned^ and for repealing a certain act of As- sembly therein also mentioned.
I. WHEREAS by an act of Assembly, made in the Corporation first year of the reign of his present majesty, entitled, ?^ Willmns- An Act to empower the common hall of the city of ^^jf ^^^^gg^" g" Williamsburg to assess such taxes from time to time on taxes on the the inhabitants thereof as shall be sufficient to answer inhabitants. all charges and expenses for publick buildings, keep- ing the streets in repair, and other conveniences, the
said common hall are empowered to levy money of the inhabitants of the said city not only for the particular purposes in the said act specified, but also at all times, and for defraying the charges and expenses of any pub- lick buildings, or other conveniencies, for the use and benefit of the inhabitants of the said city, whenever they shall think proper; which discretionary power, without some restrictions, may prove of dangerous consequence to the liberties and properties of the said citizens; ne- vertheless it may prove of great service, and very much conduce to the preservation of the said city, if the said common hall are empowered, when their chamber is deficient, to levy money of the said inhabitants for the several purposes herein after particularized:
II. Be it therefore enacted by the Ldeutenant-Gover- nour. Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the mayor, recorder aldermen, and common-council, of the said city of Williamsburg, for the time being, in common- hall assembled, to levy and assess by the poll, on the tithable persons inhabiting within the said city, all such sum and sums of money as shall be sufficient for defray- ing the charges and expenses of building a court-house, market-house, and prison, for the said city, when those now in use shall happen to fall to decay, or be otherwise destroyed, antj to keep the same in repair; also for build-
LAWS 01' VIRGINIA,
ing, purchasing, or renting, one or more house or. houses, to be made use of as hospitals, for the reception of an V' person or persons who may be hereafter found within the said city infected with contagious distempers and for paying the charges of removing such persons to the hospital, and providing doctors, nurses, and other necessary attendants, as also guards, to prevent the spreading of such distempers; also to defray the expense of purchasing necessary lire engines, and the hire of- proper persons as firemen to keep such engines at all times in good order and ready for service; and for sink- ing sucli and so many wells as they shall think sufficient for supplying the fire engines with Avater in case of fires, fixing pumps in such wells, and keeping them in con- stant repair; also to defray the charges of appointing watchmen for the said city, and paying them reasonable wages; and also for repairing, and keeping in good or- der, the streets and lands in the said city. And that the said common-hall shall not levy or assess taxes on the inhabitants of the said city for any oiher use, intent, or purpose, v/hatsoever.
III. And for the more equal and impartial assessment of such taxes, It is hereby further enacted, by the au- thority aforesaid, That the said mayor, recorder, alder- men, and common council, in common hall assembled, sliall aijd may, as often as occasion shall require, order and direct the inhabitants of the said city to deliver in lists of their tiihables to the clerk of the covirt of Hust- ings of the said cit)', within such time as they shall ap- point, but not less than one month at the least, who shall forthwith cause a copy of such order to be fixed up at the doors of the church, court-house, and market house, of the said city; and if any inhabitant of the said, city- shall neglect or refuse so to do, within the time so to be limited, such delinquent shall be deemed a concealer of. tithables, and shall forfeit and pay the smu of forty shil- lings lor every lithable so concealed, which shall be levied by the collector of the taxes, and in case of non- payment by distress and sale of the delinciuent's goods and chattels, as in cases of other distresses, and applied towards the purposes of this act. And the said clerk shall make out a fair copy of all such lists of tithables, and deliver the same, when required, to the said court of Hustings.
IV. And he it further enacted, That the said com- mon hall, when they shall Iiave settled and proportioned
JANUARY 17G4— 4tli GEORGE III. 23
the taxes to be levied in pursuance of this act on tliein- liabitants of the said city, according to such lists of tith- ables, they shall and may appoint one or more collect- or or collectors of the same; and if any person or per- sons shall refuse or neglect to satisfy and pay the mo- ney so on him, her, or them, levied and assessed, at the times appointed for the payment thereof, it shall and ma}' be lawful for such collector or collectors to levy the money so due by distress and sale of the delin- quent's goods, in the manner herein before mentioned. And such collector or collectors shall give bond, with sufficient securities, in a reasonable penalty, payable to the mayor, recorder, aldermen, and common council, bf the said city, and tlieir successours, for the due col- lection and payment of the said taxes; and shall be al- lowed a commission of five per centum for collecting and paying the same.
V. And he it further enacted^ by the authority afore- said, That the said recited act of Assembly shall be, and the same is hereby repealed, and made void to all intents and purposes whatsoever.
VI. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his inajesty's approbation thereof shall be obtained.
CHAP. IX.
An act for altering fJie court days of the counties of Lancaster^ Qlouces- ter^ Chesterjield^ and Warwick,
I. WHEREAS it hath been represented to this pre- Court days sent General Assembly that the court days of the coun- ^^ Lancas- (ies of Lancaster, Gloucester,Chesterfield, and Warwick, ceste^and are inconvenient to the justices, and others who are Warwick al obliged to attend the said courts: tered.
II. Tie it therefore enacted by the Ueutenant Gover- liour, Council and Burgesses, of this present General As- sembly, and it is hereby enacted by the authority of the same, That from and after the last day of March next the court for the said county of Lancaster shall be con- stantly held upon the third Monday in every month.
24 LAWS OF VIRGINIA,
and the court for the county of Gloucester shall be con- stantly held upon the first Thursday in every month, and the court for the said county of Chesterfield shall be constantly held upon the first Friday in every month, and the court for the said county of Warwick shall be constantly held upon the second Thursday in every month; any law, custom, or usage, to the contrary, in any wise, notwithstanding.
CHAP. X.
An act to empower the vestry of the parish of Bath^ in the county of Dinwiddie^ to sell their glehe^ and purchase a more convenient one.
I. WHEREAS it is represented to this present Ge- Batir parish neral Assembly that the glebe of the parish of Bath, in in Dinwiddle the county of Dinwiddie, is inconveniently situated, and authorised to ^h^t it would be very advantageous to the minister of sell their ^^^ ^^j^ parish, as also to the inhabitants thereof in ge- neral, if the vestry of the said parish were impowered to dispose of the said glebe, and lay out the money arising from the sale thereof in purchasing other lands for a glebe, and erecting convenient buildings thereon:
II. Be it therefore enacted by the Lieutenant Gover- nour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said glebe land, with the appurtenances, be, and the same are hereby vested in the present vestry of the said parish of Bath, and in the vestry of the said parish for the time being, In trust.
III. Nevertheless, That the said vestry, or the great- er part of them, shall by deed of bargain and sale sell and convey the said glebe, with the appurtenances, for the best price that can be got for the same, to any per- son or persons who shall be willing to purchase the same; to hold to such purchaser or purchasers, his or their heirs and assigns, for ever.
IV. And be it further enacted by the authority afore- mid, That the money arising by the sale of the said
JANUAKY 1764— 4th GEORGE III. 25
glebe shall be by the said vestry laid out and applied for and towards purchasing a more convenient tract or parcel of land for a glebe, and erecting buildings there- on, for the use and benefit of the minister of the said parish of Bath for the time being, for ever.
CHAP. XL
An act to dock the entail of certain lands w J wreof Charles Carter^ esq. is seized^ and for settling other lands of greater value to the same uses.
L- WHEREAS Robert Carter, esquire, late of the Entail of county of Lancaster, now deceased, was in his lifetime, certain jands and at the time of his death, seized in fee-simple, charles Car- amongst other estates, of and in three hundred and ten ter, esq. acres of land, commonly called and known by the name ^^ seized, of Norman's Ford, now situate, lying, and being, in ^^ ^ ' the parish of St. Mark, in the county of Culpeper, which was at the time of his death part of the county of Spot- sylvania; and being so thereof seized did make his last will and testament in writing, bearing date the twenty- second day of August, in the year of our Lord one thou- sand seven hundred and twenty-six, and thereby devised the same to his son Charles Carter, and to the heirs male issue of his body lawfully begotten, included with- in the devise in the said will contained to his said son Charles of all his lands in King George and Spotsyl- vania counties, lying above the falls of Rappahannock river, as by the said last will and testament of the said Robert Carter, now remaining amongst the records of the general court of this colony, may appear; and some time afterwards the said Robert Carter departing this life, seized as aforesaid, his said son Charles entered in- to the said thi-ee hundred and ten acres of land, and be- came, and is now seized thereof, as tenant in taille-male.. under the will of his said father.
n. And whereas the said Charles Carter, esquire, is, and stands seized, in fee-simple, of and in a certain D— Vol. 8.
LAWS OF VIRGINIA,
tract or parcel of land, with the a,ppurtenances, eon- taining eleven hundred acres, situate, lying, and being, above the falls of Rappahannock river, in the parish of Brunswick, in the county of King George, which was granted to him by patent from the lord proprietor of the Northern Neck, and it will be for the benefit and advantage of the heir in taille, and those claiming in remainder and reversion under the will of the said Ro- bert Carter, to dock the entail of the said three hundred and ten acres of land called Norman's Ford, in the said county of Culpeper, and to settle the said eleven hun- dred acres of land in the said county of King George^ being of much greater value, to the same uses.
III. And forasmuch as notice hath Ijeen published three Sundays successively, in the several churches of the said parish of St. Mark, that application would be made to this General Assembly to dock the entail of the said thi*ee hundred and ten acres of land, and to set- tle other lands of greater value to the same uses, pursu-^ ant to your majesty's instructions,
IV. May it therefore please your most excellent ma- jesty, at the humble suit of the said Charles Carter, that it may be enacted, And he it enacted by the Lieutenant Governour, Council cind Burgesses of this present Gene- ral t/lssemhly^ and it is hereby enacted by the authority of the same, That the said tract or parcel of land, with the appurtenances^ containing three hundred and ten acres, called and knoAvn by the name of Norman's Ford, situ- ate, lyhig, and being, in the said parish of St, Mark, and county of Culpeper, so as aforesaid devised by the last will and testament of the said Robert Carter to his said son Charles in taille-male, be, and the same is hereby vested in the said Charles Carter, his heirs and assigns, to the only proper use and behoof of the said Charles Carter, his heirs and assigns, for ever; and that the said eleven hundred acres of land, lying and being in the said parish of Brunswick and county of King George, so as aforesaid granted to the said Charles Carter by the lord proprietor of the Northern Neck, be, and the same are hereljy vested in the said Charles Carter, and the heirs male of his body lawfully begotten, and on failure of such heirs the same shall remain and descend to such person and persons, in tiie same manner, and under the Same limitations and remainders, successively, as the said ihrce hundred and ten acres of land called Normaja's'
JANUARY 1764-~4th 6E0RGE IIL 37
Ford would have remained and descended, by virtue of the last will and testament of the said Robert Carter, if this act liad never been made.
V. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politick and corporate, their respec- tive heirs and successors, other than the persons claim- ing under the last will and testament of the said Robert Carter, all such right, title, interest claim, and demand, as they, every, or any of them, could or might claim, if this act had never been made.
VL Provided ahuays. That the execution of this act 5hall be, and the same is hereby suspended, until his jaaajesty's approbation thereof shall be obtained.
CHAP. XII.
An act to direct the sale of certain en- tailed lands whereof John Spots- ivood^ esq. died seized^ for payment of the debts due from him^ and the estate of major-general Alexander Spotswood.
1. WHEREAS major-general Alexander Spotswood Sale of cer- -was at the time of his death seized and possessed of a t-'i" entailed large tract of land, lying in the county of Spotsylvania, o{"john '^^* wherein he had erected works tor casting pig-iron, and 3|iotswood, employed therein the greatest part of his slaves, and esq. is sei- was also seized of a large tract of land, in the counties ^^, '". ^P"^" of Orange and Culpeper, on which he had placed some Orang'e and tenants at an annual rent, and of a tract of about three Culpeper; thousand acres, in the said county of Spotsylvania, cal- tli^ected, for led Massaponax, which was situate a considerable dis- aebts^due tance from the said mine tract, and being so seized from him, made his last will and testament in writing, bearing ^"^ the es- date the nineteenth day of April, one diousand seven -oj,?-" '"^'i hundred and forty, and therein did give and devise to Alexander his eldest son John Spotswood, esquire, all his said lands, Spotswood. and his working slaves, in taille, \vith several remainders mev in case his said son should die without is^ue, but
gS LAWS OF VIRGINIA,
empowered bis executors to lease out any of his said lands (his said Mine tract excepted) for years, or for life or lives, on such condition, with such covenants, and re- servations of rents, for the benefit of his said son, as he the said testator had theretofore leased any of his said lands; and the said testator did further give and devise unto his said son Robert Spotswood the sum of three thousand pounds sterling, payable at his attaining the age of twenty-one years, and to his two daughters Anna Catharina and Dorothea the sum of two thousand pounds sterling each, payable at their respective ages of twentj'-one years, or marriage, which said sum of se- ven thousand pounds was to be raised by mortgage or sale of any of his the testator's lands devised to his said son John (his mine tract excepted) and that so much as should seem proper to his wife for the maintenance and education of his said three younger children, until their fortunes should become payable respectively, should be annually paid out of the growing rents and profits of his said lands; and the said testator did furtlier direct that all the tradesmen and servants, stocks of cattle, horses and hogs, all waggons, carts and carriages, im- plements of husbandry and handicraft, and all house- hold furniture, which should be employed, or any way used, in and on the said mine tract, at the time of his death, should continue thereon, and be employed there- in, until his said son John attained to the age of twenty- one years, when he gave the same to his said son John, requesting his said son, in case he should attain to that age, and die without issue male, that he would give the said servants, stocks, and goods, to his aforesaid son Robert, so that the said iron works might be carried on and improved according to his the testator's intention; and, after some other small legacies, did give the rest of his estate, which was inconsiderable, to be equally divided between his said wife and children, and appoint- ed his said wife, and Elliot Benger, Gentleman, and Robert Rose, clerk, executors of his said will, during the minority of his said son Joim, as by the said will remaining of record in the said county court of Orange, may more fally appear.
II. And whereas in the acquisition of the lands afore- said, and the setting up the said iron works, the said major-general Spotswood became, and was at the time of his death, very largely indebted to sundry persons \n Great Britain, and this colony, and had moreover,"
JANUARY 1764— 4th GEORGE III. g9
on his marriage witli his said wife, settled on her an annuity of five hundred pounds sterhng for hfe for her jointure, in case she should survive him, so that the pro- fits of the estate devised to the son John Spots wood were so far from paying his father's debts, and raising the younger childrens fortunes during his minority, that when he arrived to the age of twenty-one years, and the accounts of the executors were settled, by order of the general court, such profits fell about three thousand pounds short of paying the said annuity, the mainten- ance of the children, and the necessai*y expenses of the estate, which sum the said John Spotswood was by de- cree of the said court obliged to pay, besides being lia- ble for the said debts and fortunes, which were greatly increased by the growing interest thereof.
III. And whereas the said daughters Anna Catharina and Dorothea, having respectively married, became en- titled to their fortunes, and the said John Spotswood, not being able to borrow money on the security of his lands to discharge the same, used his utmost endear ours to sell as much of the said Orange and Culpeper lands as would raise the said fortunes and the interest there- of, and frequently advertised publick sales thereof, af: which he sold nineteen thousand seven hundred and fifty-nine acres to diiferent persons, for about four thou- sand pounds in tlie whole, which sum being greatly short of the amount of the said daughters fortunes, and several decrees and judgments having passed against the said John Spotswood, as well for the balance there- of as for his father's debts, which he had no present means of discharging, he was therefore obliged to draw several bills of exchange on merchants in Great Bri-^ tain, no way indebted to him, thereby to gain time, and devise some means of raising the mone}^ so recovered of him, which bills were retui-ned protested, and now re- main unsatisfied, besides which several creditors of the said major-general Spotswood having obtained judg- ments for their debts, to ascertain the same, forbore to sue out executions thereupon, and are yet unpaid such debts.
IV. And whereas the said Robert Spotswood the son, having attained his age of twenty-one years, became
entitled to his fortune, and, by deed made and executed <i^^ ^ between the said John Spotswood and Robert Spots- tSI
wood, it was agreed that the said Robert should hold all the said Orange and Culpeper lands until the rents
50 i-AWS OF VIRGINIA,
and profits thereof should fully satisfy and pay the said fortune of three thousand pounds, and the interest there- of,
V. And whereas it appears to have been the will and intention of major-general Spotswood that his debts and younger childrens fortunes should be chargeable on his other estate, and not on liis mine tract of land or iron works, the profits of whlcli he intended for liis el- dest son, to enable him to maintain his famil} , and make provision for any younger sons he might have, out of such profitsj and the rather as the said general Spots-^ wood does not in his said will take any notice of such younger sons, although he empowers the said John to charge the entailed estate with a fortune of one thou- sand pounds for each daughter he should have, not- withstanding which all the profits of the said iron works, from the time of the death of the said general Spots- wood to the time of the death of the said John Spots- wood, were applied towards the payment of the said debts and fortunes, and the maintenance of the children, except what was necessary for the support of the said John Spotswood's family, and what he laid out in the purchase of about nine thousand acres of the land so sold by him, and which cost one thousand pounds cur- rent money, and about fifty slaves, in order to make provision for his younger son.
VI, And whereas the said John Spotswood died some time in the year one thousand seven hundred and fifty- eight, leaving Mary his widow, and four children, Alex- ander his eldest son and heir, John, Anne, and Mary, his younger children, having first made his last will and testament in writing, and therein, according to the pow> er given him by his father's will charged the entailed estate with the sum of one thousand pounds sterling for each of his said daughters, and gave to his said daugh- ter Anne a mulatto girl slave called Betty, and to his daughter Mary a negro girl slave named Phillis, and all the rest of his estate he gave to his said younger son John Spotswood in fee-simple, and of his said will ap- pointed John Robinson, esquire, Bernard Moore, John Ciiampe, Edmund Pendleton, and Roger Dixon, gen- tlemen, and Nicholas Seward, executors, as by die said will, remaining of record in the said county court of Spotsylvania, may more fully appear; and after the death of the said John Spotswood, the said Bernard Moore alone undei-took the execution of the said \yi\K
January 1 764— 4th george hi.
the other executors having hitherto dechned to act therein, and the said Bernard Moore was moreover by the general court appointed guardian to the said sons Alexander and John Spotswood, who are under the age of fourteen years. ^
VII. And whereas the said John Spotswood deceased^ by having drawn tlie said bills of exchange, had so far made the said debts his own that actions at law might be commenced against his executors, and by that means the whole estate devised by him to his said younger son would in the first instance be sWept away, and though the said younger son might in a court of equity be relieved out of the entailed estate (except the mine tract and iron works) as to so much of the said debts as were properlj^ chargeable thereon, yet such relief would be tedious and expensive, and involve the family in dissentions and lawsuits, and at the same time be prejudicial to the heir in taille, it being very probable that the reversion of the said Orange and Culpeper lands, after satisfying the arrears of fortune due to the said Robert Spotswood, could not be sold for the full value thereof, and it being deemed for the benefit of the said heir and younger son, as well as the creditors, thaf the said Bernard Moore should be allowed to apply the profits of the iron works (which were very considera- ble) with the rents and profits of the other estate, foi* and towards discharging the said debts, whereby the said tenanted lands might be exonerated, and saved for the heir, and the smaller estate devised to his 3'ounger son, preserved for him, which was the more just and reasonable as there were not sufficient of the entailed slaves to carry on the said iron works, but it was ne> cessary that some of the slaves of the younger son should ]>e employed therein, wherefore in and by an act of Assembly made in the first year of your majes- ty's reign, entitled, An Act to enable the executors of the will of John Spotswood, esquire, deceased, to pay the debts and legacies due from the estate of major- general Alexander Spotswood, and for other purposes therein mentioned, the said Bernard Moore, or the act- ing executor or executors of the will of the said John Spotswood, deceased, or the guardian for the time be- ing of the said sons Alexander and John, were empow- ered and required to apply the profits of the whole es- tate, as well the iron works, and the tenanted entailed Estate, after the said Robert Spotswood's demand was
33 LAWS OF VIRGINIA,
satisfied, as the other fee-simple estate of the said John Spotswood, in the first place for and towards the ne- cessary maintenance and education of the children of the said John Spotswood, and the residue in discharge and satisfaction of the debts due from him and the es- tate of his said father, and as soon as such debts should be satisfied and paid then the profits of the whole en- tailed estate should be applied to the benefit of the heir in the same manner as if the said act had never been made, and from thenceforth the said younger son John Spotswood should be seized of the said nine thousand and forty-eight acres of land so devised to him by the will of his said father, to him and his heirs for ever, and should also be entitled to the other lands and slaves, and personal estate, devised to him by the said will, in manner, and on the terms therein mentioned, as by the said act may among other things more fully appear.
VIII. And whereas, pursuant to the directions of the said act of assembly, the said Bernard Moore hath ap- plied the profits of the whole estate, after maintaining and educating the children, towards the payment of the debts, whereby considerable sums have been discharged, but there still remains due of the said debts about nine thousand pounds, which with the growing interest there- of cannot be discharged by such profits in many years, and most of the creditors refusing to wait for such slow payment have threatened to levy executions for their debts, whereby all the slaves devised to the said younger son will be taken away, the carrying on the iron works impeded, and the salutary purposes of the said act whol- ly defeated, and it hath been represented to this assem- bly that it will be for the benefit of the heir and younger son, as well as the creditors, to sell part of the entailed lands, and satisfy some of the most pressing creditors, and thereby reduce the debts to a sum which might be paid by the said Bernard Moore in a reasonable time, in the method directed by the said recited act.
IX. And whereas notice hath been published three Siindaj's successively in the several churches of the pa- rishes of St. Mark, St. Thomas, and St. George, in the said counties of Culpeper, Orange, and Spotslyvania, that application would be made to this present General \ssendily for an act to empower the said Bernard Moore to sell some of the said entailed lands for the purposes aforesaid, pursuant to your majesty's instructions.
JANUARY 1764— 4th GEORGE III.
X. May it therefore please your most excellent ma- jesty, at the humble suit of the said Bernard Moore, that it may be enacted, And he it enacted by the JjieU" tenant- Governour, Council and Burgesses, of this p1(tk sent General Assembly, and it is hereby enacted by trie authority of the same, That the said Bernard Moore, or the acting executor or executors of the will of the said John Spotswood, or the guardian of the said son Alex- ander Spotswood for the time being, shall be, and he or they is and are hereby empowered, with the consent and approbation of John Robinson, esquire, Edmund Pendleton, Roger Dixon, and John Campbell, gentle- men, or any two of them, to sell and dispose of such and so much of the said entailed lands (the mine tract excepted) as he or they shall judge most convenient and necessary (so as that the whole sum of money to be raised by such sale does not amount to more than six thousand pounds) for the best price that may be got for the same, and convey such lands so sold to the pur- chaser or purchasers, who shall from thenceforth hold the same respectively, to them, and their heirs, for ever; and the said Bernard Moore, or such executor or exe- cutors, or guardians, shall apply the money arising from such sales towards the payment of the debts due from the said John Spotswood, or the said major-general Spotswood, rendering due accounts of such sales and payments; and the said Bernard Moore, or such exe- cutor or executors, or guardian, shall apply the profits of the remaining estate, of which the said John Spots- wood died possessed, to the payment of the residue of the said debts, the maintenance of the children, and such other uses as in and by the said recited act is di- rected.
XI. Saving to the king's most excellent majesty, his heirs and successours, and every person and persons, bodies politick and corporate, their respective heirs and successours, other than the persons claiming under the will of the said major-general Alexander Spotswood, all such estate, right, title, interest, claim, or demand, as they, every, or any of them, should or might claim, if this act had never been made.
XII. Frovidcd always. That the execution of this act shall be, and tlie same is hereby suspended, until his majesty's approbation thereof shall be obtained.
E— Vol. 8.
^4 LAWS OF VIRGINIA,
CHAP. XIIL In act to vest cei^tain entailed lands ^
i
whereof Wdliam Cary is seized^ in Allen Jones. ^ infee-simjde^ and for settling other lands and slaves to he jfurthased in lieu thereof
Ccrtiiin en- |. WHEREAS William Cary, formerly of the coun- tailed lands ^y ^f Warwick, was in his lifetime, and at the time of William Ca- "'^ death, seized in fee-simple of and in a tract of high ry is seized, land and marsh lying at the mouth of Skill' creek, in vested in tl^g gaid county, containing about three Imndred and en ones, gj^^y ^cres, and being so seized made his will and testament in writing, bearing date the t\^cnt3 -sixth day of August, one thousand seven hundred and eleven, and therein, amongst other things, did give and devise the said tract of land, after the decease of his wife Mar- tha, unto his son Harwood Cary, and the heirs of his body lawfully begotten, with several remainders over in case of failure of issue of the said Harwood Cary, a? * in and by the said will may more fully appear; and af-
ter the death of the said testator, and his said wife Mar- tha, the said Harwood the son entered into the said tract of land, and died seized thereof, leaving issue Wil- liam Cary his eldest son and heir, who entered into the # said land, and is now seized thereof as tenant in fee- taille, but the said William Cary having no slaves to work die said land the same is of litde profit to him, and it hath been represented to this assembly that it will be for the benefit of the said William Cary, and his issue, to sell the said entailed lands, and lay out the mone}' in the purchase of other lands a/^d slaves, to be settled to the sams uses, the said William Cary having f^ontractsd for the sale of the said entailed lands to one . Allen Jones for seven hundred and tAventy pounds cur- rent money, the full value of the same.
11. And forasmuch as notice hath been published 'diree Sandays successively in the several churches of the parish of Warwick, in the said county of Warwick, that application >,Vould be made to diis present General Assembly for an act to dock the entail of the said lands, and for settling other lands and slaves, to be purchased widi the money aforesaid, to the same uses, pursuant t^ your majesty's instructions.
JANUARY 17G4— 4th GEORGE 111.
III. May it tlieretbre please your most excellent ma- jesty, at the humble suit of the said Williaiu Gary, that it may be enacted^ And he it enacted by the Lieutenani- Governour, Council and Burgesses, of this present Ge- neral Assembly, and it is hereby enacted by the author- ity of the same. That the said tract of three hundred and sixty acres of high land and marsh, be the same more or less, whereof the said William Gary is seized in the county of Warwick, be, and the same is hereby vested in the said Allen Jones, his heirs and assigns, for ever, to his and their own use.
IV. Provided always, and be it further enacted. That the said Allen Jones shall pay the said sum of seveq hundred and twenty pound?' to Archibald Gary, John Fleming, Robert Boiling, junior, and Joseph Cabball, gentlemen, Li trust; that they^ or the greater part oi' them, or their survivers, shall fairly lay out the said money in the pixrchase of other lands and slaves, to be conveyed by deed or deeds duly proved and recorded, and from thenceforth the said lands and slaves so pur-, chased shall descend, pass, and go together, to the said William Gary and the heirs of his bodj-, and to such other person or persons as the said lauds in the county of Warwick would have remained, gone, and descended, by virtue of the limitations in the will of the said Wil- liam Gary the elder, if this act had never been made,
, V. And be it further enacted, by the authority afore- said, That the estate taille in the said lands and slaves so to be purchased shall not be docked or defeated by writ in the nature of an ad quod damnum, or otherwise than by act of assembl3^
VI. Saving always to the king's most excellent ma- jesty, his heirs and successours, and to all and every other person or persons, bodies pohtick and corporate, their respective heirs and successours, other than the persons claiming under the will of the said William Gary the elder, all such estate, right, title, and interest, as they, every, or any of them, should or might have or claim if this act had never been made.
VII. Provided always. That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained-
ANNO REGNI
, (Bm®IE(BI!I! ainis)
l^egis ^agnse Bv'itamVise, Vvanciee el VVibevmae, c\uavto.
At a General Assembly, begun and held at the Capitol, ^[^^l^^^^'T^' in the City of Williamsburg, on Tuesday the 26th o/g-oveinor. May, in the first year of the reign of our sovereign lord George III. by the grace of God of Great-Bri- tain, France and Ireland, king, defender of the faith, 8fc. and in the year of our Lord 1761, and from thence, continued by several prorogations to Tuesday the 'ZOth of October, 1764, in the fourth year of his majesty'' s reign; and then held at the Capitol, in the City of Williamsburg; being the seventh session of this General Assembly.
CHAP. I.
An act for further continuing the act for reducing the several acts for ma- king provision against invasions and insurrections into one act.
I. WHEREAS the act of Assembly made in the Act ijrcvid; thirtieth year of the reign of his late majesty king ing- against George the second, entitled, An Act for reducing the invasions & several acts for making provision against invasions and tro^s'further insurrections into one act, which was continued by ano- continued. ther act made in the third year of the reign of his pre- sent majesty, will expire on the eighth day of June
next, and it is necessary and expedient that the said act should be further continued:
II. Be it therefore enacted by the Lieutenant Gover- nour, Council and Burgesses, of this present General As-
5 8 LAWS OF VIRGINIA,
sembly, and it is hereby enacted hy the authority of the same, That the said act of assembly made in the thir- tieth year of his said late majesty's reign, shall contin- ue nnd be in force from and after the said eighth day of June next, for and during the term of two years, and, no longer.
CHAP. II.
An actforfvrther continuing an act^ entitled^ An act Jhr reducing the se- veral acts made for laying a duty upon liquors into one act.
Actimpos- i_ WHEREAS the act of assembly made in the ma: duties on i • i ,• i • /• i • i • ^ •
licraorsj fur- thu'ty second year oi the reign oi his Jate majesty kmg
ther contin- George the second, entitled, An Act for reducing the lied. several acts made for laying a duty upon liquors into one,
act, which was continued by another act of Assembly made in the first year of his present majesty's reign will expire on the tenth day of June next, and it is necessa- ry that the same should be further continued:
II. Be it therefore enacted hy the Lieutenant Gover- nour. Council and Burgesses, of this present General As- sembly, and it is hereby enacted by the authority of the same, That the said act of assembly, made in the thirty- second year of the reign of his said late majesty, shall continue and be in force from and after the said tenth day of June next, for and during the term of two years trom thencG next following, and no longei-;
CHAP. HI.
An act for i'aising apuhlick Levy^ and for other purposes tJierein mention' ed.
Taxes for '• Beit enacted, by the Ijieutenant-Governoiir, Coun- ir64. ^'7 and Burgesses, of this jpresmt General Assembly, and
OCTOBER 1764— 4th GEORGE III. ^9
tt is hereby enacted by the authority of the same, That forty-six pounds of tobacco be paid by every tithable person within this dominion for the defraying and pay- ment of the pubhck charge of the country, and the pay and expenses of the niiUtia drawn out into actual ser- vice for the defence and protection of the frontiers of this colony against the incursions of the Indians, being the publick levy from the second day of November one thousand seven hundred and sixty-two, to the thirtieth day of October one thousand seven hundred and sixty- four; and that it be paid by the collectors of the seve- ral counties to the several persons and counties respec- tively to whom it is proportioned by this General As- sembly, and the directions of this act. And if it shall happen that there shall be more tithables in any coun- ty than the present levy is laid on, then the county shall have credit for so much, to the use of the county; and if fewer tithables in any county, then the county shall bear the loss,
II. Provided always, That where any allowance is made in the book of proportions to any county, to be paid in the same county, no more per poll shall be col- lected from the tithables of such county than will dis- charge the balance after such allowance shall be de- ducted; and that every county court shall regulate the levy accordingly.
III. And be it farther enacted by the authority afore- Sheritts.tw said. That the sheriff of every county sliall, at the court S'^^ bond. to be held in his county in February next, if a court be
then held (and if not, at the next court) give bond and security for the due collection and payment of the pub- lick levy how laid and assessed.
IV. And whereas there are balances due to the pub- Former baV lick from the several counties, as appears by the book '^"ces how of proportions. Be it further enacted, by the authority ^^^^^^^' aforesaid. That the sheriff of each county shall sell the
tobacco levied in his county, as a depositum for the use of the publick, at the times and places following respectively, that is to say: The sheriffs of the counties of Goochland, Amherst, Buckingham, and Cumber- land, at Richmond, on the court day of Henrico coun- ty in July next; the sheriffs of the counties of Amelia, Prince Edward, and Bedford, at Chesterfield court- house, on the court day of that county in July next; the sheriffs of the counties of Lunenburg, Brunswick, Sussex, and Halifax, at Prince George court-house, on
40 LAWS OF VIRGINIA,
the court day of that county in July next; the sheriff of Southampton at Isle of Wight court-house, on the court (lay of that county in July next; the sheriifs of the coun- ties of Albemarle and Louisa at Hanover court-house, on the court day of that county in July next; the sher- ifls of the counties of Orange and Culpeper at Freder- icksburg, on the court day of Spotsylvania county in July next; the sheriffs of the counties of Fauquier and Loudoun at Ditmfries, on the court day of Prince Wil- liam county in July next; and tlie sheriffs of the several other counties at the court-house of their respective counties, on the court day in the said month of July, if a court be then held, and if not, at their next court; which tobacco shall be fairly sold, to the best advan- tage, between the hours of one and three, and in lots of not more than ten thousand, and the money for the same paid to the sheriffs respectively, who shall seve- rally account for and pay the same to John Robinson, esq. treasurer, or the treasurer for the time being, ap- pointed by or pursuant to act of assembly, on or be- fore the tenth day of September next following, to be by him accounted for to the General Assembly. Ceri.iiii V. Provided always, That nothing herein contain- coiinties to ed shall be construed to hinder the inhabitants of the ly ilieir counties of Augusta, Frederick, Hampshire, Bedford, Halifax, and Loudoun, from paying the said forty-six pounds of tobacco in money, at the rates already settled by la\^' in those counties respectively; and that the sher- iffs of the said counties shall severally account for and pay tlie money arising from such depositum in their respective counties to the said treasurer, on or before the said tenth day of September next, to be accounted for as aforesaid.
VI. And he it further enacted, by the authority afore- said, That if any sheriff shall fail or neglect to sell the tobacco so levied in his county as a depositum for the use of the publick as aforesaid, or shall not account for and pay the money for the same to the treasurer be- fore the said tenth day of September next, it shall be lawfal for the general court, or the court of the county whereof he is sheriff, on a motion to them made by the treasurer, to give judgment against such sheriff and his securities, his or their executors or administrators, for the tobacco or money, if the same be sold, for which such sheriff is hereby chargeable, and thereon to award execution.
J.axe3 ui mo
!)<--y
OCTOBER 17fi4-~4tli GEORGE III. 4i
VII. Provided, That such sheriff and securities, his »r their executors or administrators, have ten days pre- vious notice of such motion.
li^ VIII. And be it further enacted by the authority aforesaid, That if the sheriff of any county shall fail or neglect to give bond and security for collecting the publick levy now laid and assessed, the court of the county in which such sheriff lives shall, and they are hereby directed, to appoint any other person they shall think fit to collect the same, who is hereby empowered and required to collect and sell the tobacco for the pub- lick, and pay the money to the treasurer in manner be- fore directed; but such persons shall give bond and secu- rity, and be liable to a judgment against him and his secux'ities, in the same manner as sheriffs are by this act.
CHAP. IV.
An act for dwiding the county of Lxi* nenhurg into thr'ce distinct counties^
I. WHEREAS it is represented to this present Ge- Lunenburg' neral Assembly, by the mhabitants of the county ofLu- county divi- nenburg, that in their present situation they are subject cjia'rlotte & to great inconveniences by reason of the great extent Mecklen- of the said county, and the remoteness of many of them burgfornjecl. from their court-house, and they have petitioned this General Assembly that the said county may be divided into three distinct counties, to be laid off and distin- guished by the boundaries of the three several parishes of Cornwall, St. James's and Cumberland, into which the said county now stands divided: Be it therefore en- actedby the Lieutenant Governour, Council, and Burges- ses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and af- ter the first day of March next ensuing the said county of Lunenburg be divided into three distinct counties, that is to say: All that part thereof lying within the lines and bounds of the parish of Cornwall, as by law Boundaries, estabhshed, shall be one distinct county, and shall be called and known by the name of Charlotte; that all F— Vol. 8.
4% LAWS OF VIRGINIA,
that part thereof as is contained within the established lines and bounds of the parish of St. James's shall be one other distinct county, and shall be called and known by the name of Mecklenburg; and that all the remaining part of the said county lying within the lines and bounds of the said parish of Cumberland, as by law es- tablished, shall be one other distinct county, and retain the name of Lunenburg. Court clays. II. And for the due administration of justice in the ^ said counties of Charlotte and Mecklenburg, after the
same shall take place, Be it enacted by the authority aforesaid, That from and after the said first day of March a court for the said county of Charlotte shall be constantly held by the justices thereof upon the first Monday in every month, and for the said county of Mecklenbiu'g upon the second Monday in every month.
III. Provided ahvays, That nothing herein contain- ed shall be construed to hinder the sheriiT or collector of the said county of , Lunenburg, as the same now stands entire and undivided, from collecting and mak- ing distress for any publick dues, or officers fees, which shall remain unpaid by the inhabitants of either of ;^the said counties of Charlotte or Mecklenburg at the time the said division shall take place; but such sheriff or collector shall have the same power to collect or distrain for the said dues and fees, and shall be answerable for them in the same manner, as if this act had never been made, any law, usage or custom, to the contrary there- of, in any wise, notwithstanding.
IV. And he it further enacted by the authority afore- said, That the court of the said county of Lunenburg shall have jurisdiction of all actions and suits, both in law or equity, which shall be depending before them at the time the said division shall take place; and shall and may try and determine all such actions and suits, and issue process, and award execution thei'eon, against the body or estate of the defendant or defendants, in any such action or suit, in the same manner as if this act iiad never been made, any law, custom, or usage to the, contrary thereof, in any wise, notwithstandhig.
OCTOBER 1764-~4tli GEORGE III, 43
CHAP. V.
An actjhrdwidt?ig the parish of Tru- ro, in the county of Fairfax.
I. WHEREAS the parish of Truro, in the county Parish of of Fairfax, by reason of its large extent, is inconvenient Truro, in to the inhabitants thereof: Be it therefore enacted by ^^^ p°^^'j.|^^ ^^^ Lieutenant- Governour, Council and Burgesses, of this (\q^.^ ^Mi. present General Jlssemhly, and it is hereby enacted by the Fairfax pa- authoriiy of the same. That from and after the first day "sh formed. of February next the said parish of Truro shall be divi- ded by Doeg creek, from the mouth thereof, to Mr. George Washington's mill, and from thence, by a straight line, to t];e plantation of John Munroe, and the same course continued to the line tiiat divides the coun- ties of Fairfax and Loudoun; and diat all that part of the said parish of Truro that lies, between the said line and the river Occoquan shall be one distinct parish, and retain the name of Truro, and that all that part of the said parish of Truro which lies between the said line and the river Potowmack shall be one other distinct pa- rish, and called by the name of Fairfax.
H. And be it further enacted, by the authority afore- said, That the freeholders and housekeepers of the said parishes of Truro and Fairfax respectively shall meet at some convenient time and place, to be appointed and publickly advertised by the sheriff of the said county of Fairfax, at least one month before the second day of April next following, and theii and there elect twelve of the most able and discreet persons of their respectivi'^ parishes for vestrymen in each of the said parishes; which vestrjmien so elected, having in tl)e court of the said county of Fairfax taken and subscribed the oaths appointed to be taken by one act of parliament made in the fifth year of the reign of his majesty king George the first, entitled, An Act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pre- tended prince of Wales, and his open and secret abet- ters, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscril)- fd to be conformable to the doctrine gind discipline of
44, LAWS OF VIRGINIA,
the church of England, shall, to all intents and purpo- ses, be deemed and taken to be the vestries of the said parishes respectively.
III. Provided always, That nothing herein contain- ed shall be construed to hinder the collector of the said parish of Truro, as the same now stands entire and un- divided, from collecting or making distress for any pa- rish levies which shall remain unpaid by the inhabitants of the said parish of Fairfax at the time of its taking place; but such collector shall have the same power to collect or distrain for the said levies, and shall be an- swerable for them in the same manner, as if this act had never been made, any law, custom, or usage, to the con- trary thereof, notwithstanding.
CHAP. VL
An actfor appointing several new Fer- ries^ and for other purposes therein mentioned.
^^ew ferries I. WHEREAS it is represented to this present Ge- cst^blished. neral Assembly that publick ferries at the places here- after mentioned will be of great advantage to travellers and (>thers, Be it therefore enacted, by the Ldeutenant- Goveraoiir, Council and Burgesses, of this present Ge- 7teral Assembly, and it is hereby enacted by the authority ofiiic same, That publick ferries be constantly kept at the following places, and that the rates for passing the. same shall be as follows, that is to say: From the land of George Wilson Spooner, in Westmoreland county, over Potowmack river, to Cedar Point in Maryland, the price for a man t\^'o shillings and six-pence, and for a horse the same; from the land of John Cabbell, at or near Bomman's warehouse, in the county of Amherst, over the Fluvannah river, to his land opposite thereto, in the county of Buckingham, the price for a man three- pence, and for a horse the same; from the land of Cor- nelius Thomas, at or near the mouth of his mill creek, in the county of Amherst, over the Fluvaiuiah river, to the land of Nicholas Davis, opposite thereto, in the tounty of Bedford, the price for a man threepence, and
OCTOBER 1764— 4th GEORGE [U. 45
for a horse the same; from the land of William Black; on the south side of Roanoke river, in Lunenburg coun- ty, to an acre of ground purchased by him of one Brookes, on the opposite side, the price for a man four- pence, and for a horse the same. And for the trans- portation of tobacco, cattle, and other beasts, at any of the ferries aforesaid, the ferry keeper ma}' demand and take the following rates, that is to sa} : For every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart, or four-wheel chaise, the same as for four horses; for every two wheel chaise, or chair, the same as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cat- tle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage of one horse; and every iiog, ^yji, one fourth part of the (erriage of one horse; according to the pi'ices herein before settled at such ferries respec- tively, and no more.
II. And if any of the said ferry-keepers shall pre- sume to demand or receive, from any person or persons whatsoever, any greater rate than is hereby allow ed for the carriage or ferriage of any tiling whatsoever, he or they, for every such offence, shall forfeit and pay to the party grieved the ferriage demanded or received, and ten shillings; to be recovered with costs, before an\ justice of the peace where the offence shall be commit- ted.
III. And where a ferry is by this act appointed o\\ one side of a river, and none on the other side answer- able thereto, it shall be laAvful for the respective county courts to appoint an opposite ferry, and to allow the respective rates herein before directed; and such courts shall and may, and are hereby required, to order and direct what boat or boats, and wliat number of hands, vhall be kept at each ferry respectively.
IV. And every such ferrj-keeper shall enter into boixi, in the manner directed by one act of assembly made in the twenty second year of his late majesty's reign, entitled. An Act for the settlement and regula- tion of ferries, and for despatch of pubiick expresses, and shall be liable to the penalties thereby inflicted for any neglect or omission of their duty.
V. And whereas it is represented to this assembly that the ferry established by law from the town of Tap - pahannock, in die county of Essex, over Rappahan- nock river, to Carters, or to Rappahannock creek, is
48 LAWS OF VIRGINIA,
very inconvenient to travellers, and is often dangerour and difficult to cross, especially in the winter season; and that Archibald Ritchie, of the said town of Tappa- Jiannock, merchant, hath, at great expense and trouble, erected and raised a causey through the marsh and low grounds on and adjoining to the lands of Moore Faun- tleroy, an infant, in the county of Richmond, by and with the consent of his guardinns; and that it would be much more convenient to travellers, and a publick benefit, if a ferr}' was established from the land of the said Archibald Ritchie, adjoining to the said town of Tappahannock, over the said river, to the said causey, as the passage oA^er the said river would be thereby ren- dered much shorter, and at all times less difficult and dangerous: Be it therefore enacted, by the authority: aforesaid, That a ferry be constantly kept, and the same is hereby established, from the land of the said Archi- bald Ritcliie, adjoining to the said town of Tappahan-. nock, to the causey aforesaid, and the property thereof shall be, and the same is hereby vested in tlie said Ar-. ehibald Ritchie, his heirs and assigns, so long as he or they shall, at his or their own expense, keep up and maintain the said causey in good and sufficient repair; and that the said Archibald Ritchie, his heirs or assigns, may demand and take the following rates for passing the same, that is to say. The price for a man one shil- ling and threepence, and for a horse the same, and the. same proportion of such ferriage for tlie transportation of carriages, cattle, and other tilings over the said ri- ver, as is hereby directed at the other ferries by this act established, and no more. And that no other person or persons do presume to set over or transport any pas- senger, carriage, or any thing else, from die said ferry 1,0 the said causey for hire, but the said Archibald , Ritchie, or his heirs or assigns, so long as he or they^ shall keep up and support the same at his or their own proper expense.
VL And be it further enacted by the authority afore- said, That the court of the said county of Richmond may, and they are hereby empowered, if they shall think proper, to appoint and establish a ferry from the causey aforesaid to the aforesaid landing of the said Archibald Ritchie, and to allow the respective rates herein before directed for the said Archibald Ritchie's ferry; the pro- perty whereof, when so appointed and established, shall he, and the same is hereby vejited in the said Moore
OCTOBER 1764— 4th GEORGE ill. ^i
Fauntleroy, his heirs and assigns. And the respective courts of the said counties of Richmond and Essex shall have the same power and authority of ordering and directing what hoat or boats, and what number of hands, shall be kept at the said ferries. And the said Archibald Ritchie, or his heirs oi- assigns, and also the person to be appointed ferry-keeper from the causey aforesaid to the said town of Tappahannock, during the minorit}^ of the said Moore Fauntleroy, shall give the same bond, and have and enjoy the same privileges, and be subject and liable to the like i-egulations, fines, and penalties, as are given, prescribed, appointed, and inflicted, on ferry-keepers, by the before mentionisd a('t of assemblv.
CHAP. Vll.
An act for altering the court days oj' the counties of Fauquier^ Loudoun^ Louisa^ and Fairfox.
I. WHEREAS it is represented that the coiirt days Court days of the counties of Fauquier, Loudoun, Louisa, and "^ Fauqui^j-^ Fairfax, are inconvenient, as well to the justices and Louisa^and attornies as the merchants and others who are obliged Fairfax alter • to attend the same: ed
n. Be it therefore enacted hy the lAeutenant Gover- nour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the - same, That from and after the firist day of March next the court for the cotinty of Fauquier shall be constant- ly held on the fourth Monday in every month, for the said county of Loudoun, on the second Monday, for the said county of Louisa on the second Monday, and for the said county of Fairfax on the third Monday in every month; any law, usage, or custom, to tlie contra- ry thereof, in any wise, notwithstanding.
48 LAWS OF VIRGINIA,
CHAP. VIII.
/in act to amend an act^ entitled^ An act for giving a reword for killing wolves.
lie wards for I, WHEREAS by ail act of assembly made in the killing twenty second year of the reiern of his late majesty kine
iiampshire, George the second, entitled, An Act for giving a re- Frederick, ward for killing wolves, a premium of fifty pounds of and AiigLista y^Q^^ tobacco is allowed to any person who shall kill a young wolf, not exceeding the age of six months, and one hundred pounds of neat tobacco for every wolf above that age, to be levied and paid in the county where the same shall be killed, and repaid to such coun- ty in the next publick levy,
II. And whereas the inhabitants of the counties of Hampshire, Frederick, and Augusta, are by law allow- ed to discharge their tobacco dues in money, at the rate of one penny per pound, by which the persons entitled to the rewards for killing wolves within the said coun- ties receive much less than others, and the said conn- tips receive from the publick more than they pay to the persons performing the services, which is attended with injustice to individuals, and of no advantage to the pub- lick.
HI. For prevention whereof for the future, Be it fnarted by the Lieutenant-Governour, Council and Bur- qesses of this 'present General Assembly, and it is hereby enacted by the authority of the same, That the courts of the said counties of Hampshire, Frederick, and Augus- ta, shall hereafter levy the rewards given by the said act for killing wolves in money, at the rate of twelve shillings and sixpence for every hundred weight, to be paid by such counties, and repaid them by the publick \n tobacco, in manner as by the said recited act is di- re<"ted; any law, custom, or usage, to the contrary thcre- {H, notwithstanding.
OCTOBER 1764-4th GEORGE IlL 49
CHAP. IX.
An act for establishing the landing place from Fraser''s ferry at the causey ojjposite thereto,
I. WHEREAS it is represented to this present Ge- Landing' at neral Assembly that William Fraser, of the county of Frazer's fer- King William, hath lately raised a causey through the ^ establish- marsh opposite to his plantation, from whence a publick ^ ferry is established over Mattapony River, which was not effected without great labour, expense, and trouble; and that the passage over the said river will be consi- derably shortened, and it would be of great ease and advantage to travellers, if the publick landing place from the said ferry was established at the said causey; and that the guardian of the infant children of George Braxton, esquire, deceased, who are seized of the i-eversion of the lands adjoining the said causey, have consented thereto:
n. Be it therefore enacted, by the Lieutenant- Gover- nour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same. That from and after the passing of this act the publick landing place over the said river from the said Fraser's shall be, and the same is hereby establish- ed at the causey aforesaid, and from thence back again to the said Fraser's; any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding.
CHAP. X.
An act for encouraging the settlement of the towns of Alexandria andFaU mouthy and for other purposes there^ in mentioned.
I. WHEREAS the trustees, and other inhabitants Pi)rchasei| of the towns of Alexandria and Falmouth, have repre- "^ 'o^^, in sented to this present General Assembly that the for- ^'p'Smouth feitune to which the purchasers of lots hi the sajd towns not cJmneH- G— -Vol. 8. - • . • .
00 LAWS OF VIRGINIA,
ed to im- are subject to, by the several and respective acts of as- prove them, ggjjjjjjy fg^ establishing and enlarging the said towns, limited time, ^^th proved veij injurious to the growth and improve- ment thereof, and hath prevented many useful trades- men and others, who are not able to purchase and im- mediately build on and save their lots within the time limited by the said respective acts of assembly, from settling therein:
II, Be it therefore enacted hy the LAeutendnt-Gover- nour, Council, and Burgesses, of this present General Assembly and it is hereby enacted by the authority of the same, That so much of the act of assemblj' made in the twenty second year of the reign of his late majesty king George the second, entitled, An Act for erecting a town at Hunting creek Warehouse in the county of Fairfax, and also one other act made in the first year of his said late majesty's reign, entitled, An Act for erecting a town in each of the Counties of Spotsylvania and king GeorgCj and of every other subsequent act or acts of as- sembly respecting eithei" of the said towns, as directs the purchasers of lots therein to build on and improve the same within a limited time, shall be, and the same are hereby repealed, and declared void; and such pur- chasers shall not hereafter be subject or liable to any for- feiture for neglecting or failing to build on their said lots in the tinies limited by the said respective acts of assem- bly, but shall be at liberty to build thereon, wb.en they shall think fit.
III. And whereas the trustees, and other inhabitants of the said town of Falmouth, have represented that the street called King's street in the said town is at present one hundred and fifty feet broad, which is much more than is necessary for the convenience of the inhabitants, and that it wovdd be a great improvement to the said town if they were permitted to lay off seventy feet of the breadth of the said street into lots and streets, and to sell the said lots, and lay out the money arising from the sale thereof in other improvements for the common benefit and advantage of the said town; and also that the building wooden chimnies, and suffering hogs to run at large therein, may be of pernicious consequence:
'I'riisices of ^^'' ^^ '^ therefore further enacted, by the authority "I'almoiith au- aforesaid, That it shall and may be lawful for the trus- thovist^d to i^Q^ of the said town, for the time being, to lay ofl'part M^^atbVf^"^ of the said street called King's street, not exceeding iTin^'a fXreat seventy fcet of the breadth thereof, on the side next the
OCTOBER 1764— 4tli GEORGE III. 51
river, into lots and streets, as they shall think proper, a"d sell part and to sell and dispose of the said lots for the best price ^^gy^jj that can be got for them, and to convey the fee simple and absolute estate and inheritance thereof to the pur- chasers^ by g-ood and sufficient deeds of conveyance, and to order and direct the placing the houses to be built thereon in such manner as they shall think proper; and tlie said trustees shall and may lay out the money arising from the sale of tlie said lots in such other im- provements, for the benefit and advantage of the inhabi- tants of the said town, as they shall think proper.
V. And be it further enacted, by the authority afore- Wooden said, That it shall not be lawful for any person what- ^^ b^"buUt in soever to erect or build, or cause to be erected or built, Falmouth, within the said town, any wooden chinniiesj and if any
person shall presume to erect or build any wooden chimney contrary to the directions of this act, or if any person having alreadj' built such wooden chimney siiall suffer the same lo stand and remain for the space of six months after the passing this act, it shall and may be lawful for the sheriff of the said county, and he is here- by required, lo cause such chimney to be pulled down and demolished.
VI. And be it further enacted, by the authority afore- Nor hogs suf- said. That from and after the first day of February ^^^^'^ *« ^^'^ next it shall not be lawful for any person or persons in- therefn. habiting within the said town to raise or keep any hogs
within the limits thereof; and if any hogs so raised or kept shall be found going or running at large'within the said town, it shall and may be lawful for any person to Kill and destroy the same.
5^ LAWS OF VIRGINIA,
CHAP. XL
A^i act for exempting the inhabitants of Elizabeth City County^ and also * the ministers and other jparishioners
of Suffolk in Nansemond^ and of Antrim parish in Halifax^ from the 2)ayment of ferriage^ and for other j)urj)oses therein mentioned,
I h bt ^' WHEREAS the inhabitants of that part of the
OH east fside couiity of EHzabeth city which lies on the east side of of Hampton Hampton river have represented to this present General ^"[f \"r-^^^' Assembly that they are subject to a continual expense county es^ of ferriage over the said river when their attendance is emptedfrom required at Hampton, either in the puhlick business of jjayment of the county or their own private concerns, the church, and from the court-house, and warehouse, being all placed in the town of said town, and at the same time that they are liable to^ Haoiptoii. and obliged to pay, their full proportion of all the inci- dent charges of the said county; and they have petition- ed this assembly that they may be hereafter exempt from tlic payment of ferriage over the said river, and that the same may be made a county charge:
II. Btit ik&Tifore enacted by the LAeutenant-Gover-
nour, Council and Burgesses, of this present General
Jissemhly, and it is hereby enacted by the authority of
the same, That from and after the passing of this act
the inhabitants of the said Qounty of Elizabeth city shall
be, and are hereb}' declared to be, exempt and free
from the payment of ferriage over the said river to and
from Hampton aforesaid, as well for themselves as their
servants, carriages, and horses; and the ferry-keepers
on each side of the said river shall from time to time, aa
they shall be required, set them over the same, without
demanding any ferriage of them.
Coart of Eli- III. And be it further enacted, by the authority aforc-
Babeth city ^^^-^^^ That it shall and may be lawful for the court of
ihorisedto the said county of Elizabeth city, from time to time, to
appoint fer- appoint feri'y -keepers on each side of the said river, and
ry-teepevs ^q contract and agree 'vvith them for a reasonable an-
4>f Hampton ^^^^ allowance for the ferriage of the inhabitants of the
rirer, & con- »uid county, witli their servants and horses, over the
OCTOBER 1764— 4th GEORGE III. 53
said river; and to levy the same annually on the inha- tracifoitran- bitants of the said county, in their county levy, for the '^IJ^i'^p'^!"" "* use of such ferry-keepers respectively. go„s.
IV. And whereas the parish of Suffolk, in the coun- Minister and ty of Nansemond, is situate on both sides of Nansemond '^L"^^^"f "f*'^ river, and it is represented to this general assembly parish, in'' that as well the minister of the said parish, at all times Nansemonrl when attending the duties of his function, as the other county, and parishoners who are obliged to cross the ferry to attend parisiriiT' divine service on Sundays, and other pubhck days of wor- county of ship are subject to the payment of ferriage over the said Halifax, ex- river, which is an unreasonable expense to them, and '^™P^ed"'«tn also that the parish of Antrim, in the county of Halifax, femag-e
is divided by the river Dan, the minister and other in- ovuv Nanse-
habitants whereof are subject to the like unreasonable """O'lcl and • .1 • . i)an nvers
expenses, in the same mstances: ^^,1,^,^ ^^.^^^
V. Be it therefore further enacted, by the authority ing- to attend aforesaid, That from and after the passing of this act f\'^'>'>e scr- the ministers of the said parishes of Suffolk and Antrim, ^"^"^
for the time being, and at all times, and the other in- habitants of the said parishes, when under the neces- sity of passing the said river to attend divine service on Sundays, and other publick daj^s of worship, shall be, and are hereby declared to be, exempt and free from tiie payment of ferriage over the said rivers.
VI. And be it further enacted by the authority afore- said, That it shall and may be lawful for the courts of coniract, fbi' the respective counties of Nansemond and Halifax, and »" annual they are hereby empowered and required, to contract ^'"'"""a'^' and agree with the ferry-keepers on each side of the respective rivers above mentioned for an annual allow- ance to be paid them for such ferriages; which shall be
levied by the vestries of the respective parishes afore- said at their laying of their parish levies, for the use of the said ferry-keepers, to be collected and paid in th© ,pme manoer as their other parish levies.,
54;
LAWS OF VIRGINIA,
CHAP. XII.
certain lands therein in John Syme^ esquire^
Certain en tailed lands, I'ormerly of Nicholas Meriwether vested in
in act to i^est mentioned
and others^ in fee-simple^ and for settling other lands and slaves in lieu thereof
I. WHEREAS Nicholas Meriwether the younger, formerly of the county of Hanover, gentleman, wrts in his lifetime seized in fee simple of a tract of land where- on he lived in the parish of Fredericksville, then in the said county, but nov/ in the county of Albemarle, con- John Syme, taining one thousand six hundred and fifty acres, also *" *^' of another tract of land lying in the same parish and
county, containing four hundred acres, and also of a tract of land containing five hundred and thirty-four acres, lying in the parish of Truro, in the county of Fairfax; and being so seized, he the said Nicholas Me- riwether, in and by his last will and testament, in writ- ing, bearing date the fourth day of December, one thousand seven hundred and thirty eight, did give and devise to his wife Mildred one half of his estate during her life, and gave the residue to the child his wife was then ensient of, but directed that in case his wife should die before the said child, the whole estate, except the part which he had in marriage with his said Avife, and which he left to her disposal, should fall to, the said child, and if that died without issue the estate to be equally divided between his the testator's brothers and sisters, as by the said will, remaining of record irv the court of the said county of Hanover, may more ful- ly appear; and soon afterwards the said testator died so seized, and after his death his said wife was delivered of a daughter named Mildred, who, besides the estate so devised her by her said father, was seized in fee sim- ple of and in a very valiiable tract of land near New- castle toAvn, in the parish of St. Paul and county of Hanover, also fourteen unimproved lots of land in the said town, being denoted in the plan thereof by the numbers 1, 2, 7, 8, 34, 41, 42, 44, 45, 51, 52, and the letters F, H, and K, and two tracts of land in the pa- rish of St. Anne, in the county of Albemarle, contain- ing together three thousand five hundred acres; and b^-
OCTOBER 1764— 4th GEORGE III. 55
ing so seized and entitled the said Mildred the daugh- ter intermarried with John Syme, esquire, who in her right became seized and possessed of the said lands, and having more valuable and convenient lands of his own did come to an agreement with Thomas Walker, gen- tleman, who intermarried with Mildred the widow of the said Nicholas Meriwether, to convey the said six- teen hundred and fifty acres of land in the parish of Fredericksville, in the said county of Albemarle, to the said Thomas Walker in fee simple, in consideration whereof the said Thom.as was to release the estate for life of the said Mildred his wife in the other lands of the said Nicholas Meriwether, and to pay the said John Syme two hundred pounds current money; and the said John Syme had, moreover, agreed to sell the said four hundred acres of land in the last mentioned parish and county to William Crenshaw, for fifty pounds, the said lands in the county of Fairfax to John Carlyle, gentle- man, for one hundred and eighty pounds current mo- ney, and the said two tracts in the parish of St. Anne and county of Albemarle to the honourable William Nelson, esquire, for eight hundred pounds, to which several sales the said Mildred, the wife of the said John Syme, was consenting; but before any conveyances were executed the said Mildred died, leaving issue, b^- the said John Syme, John Syme the younger, her el- dest son and heir, an infant, and other children, where- by the said John Syme the elder is disabled from car- rying the several agreements aforesaid into execution, and may be involved in sundry disputes on that ac- count.
11. And whereas the said John Syme is seized in fee simple of near four hundred acres of land by him pur- chased of Elizabeth Skelton, widow, and William Win- ston, adjoining to tlie said tract of land near Newcastle towHj and it will be greatly to the advantage of the isaid John Syme, and his family, to vest the several tracts of land so by him sold in the purchasers in fee simple, and also to vest the said lots of land in the town of Newcasde in the said John Syme in fee sim- ple, whereby he may be enabled to sell and dispose of the same, and to settle the said four hundred acres of land, of which the said John is seized, in fee simple, with several slaves, in lieu of the said lands so sold, and the said lots; and tbrasmuch as notice hath been pub- lished three Sundays successively, in the several church-
3r, LAWS OF VIRGINIA,
es of tbc said parishes of Fredericksville, Truro, St. Anne, and St. Paul, that application would be made to this present general assembly for an act to this purpose, pursuant to your Majesty's instructions:
III. May it therefore please your most excellent ma- jesty, at the humble suit of the said John Syme, that it may be enacted. And be it enacted., by the Lieutenant- Governour, Council., and Burgesses, of this pi-csent Ge- neral Assembly, and it is hereby enacted by the authority of the same, That the said sixteen hundred and fifty acres of land lying in the parish of Fredericksville, in the said county of Albemarle, be, and the same is here- by vested in the said Thomas Walker, his heirs and as- signs, for ever; that the said four hundred acres of land lying in the same parish and county, be, and the same is hereby vested in the said William Crenshaw, his heirs and assigns, for ever; that the said five hundred and thirty-four acres of land lying in the county of Fairfax, be, and the same is hereby vested in the said John Carlyle, his heirs and assigns, for ever; that the !iaid three thousand five hundred acres of land lying in the parish of St. Anne, in the county of Albemarle, be, and the same is hereby vested in the said William Nel- son, his heirs and assigns for ever; and the said fourteen lots of lands in the town of Newcastle, be, and the same is hereby vested in the said John Syme, his heirs and assigns, for ever, to their own use respectively; and that the said four hundred acres of land near the said town of Newcastle, so purchased by the said John Syme of Elizabeth Skelton and William Winston, be, and the same is hereby vested in the said John Syme, to hold to him during his natural life, and after his decease to the heirs of the body of die said Mildred his late wife, for ever; and in default of Issue of her, then to descend and pass and go to such person or persons, and in like manner, as the said sixteen hundred and fifty acres of land hereby vested in the said Thomas Walker woukl have remained, descended, and gone, hy virtue of the limita- tions in the will of the said Nicholas Meriwether, if this act had never been made.
IV. And be it further enacted, by the authority afore- said. That seventeen negro slaves, whereof the said John Syme is pmsessed in his own right, called and known by the names of Scipio, Dill, Nell, Bartlett, Peter, VVill, Isaac, Tom, Jenny, Cufly, Phil, Rose, Lucy, Tabb, Jesse, Judy, and Moses, with their future in-
OCTOBER 1764— 4th GEORGE III. v'ir
-crease, be, and the same are hereby vested in the said John Syme, in trust, to and for the use of him the said John Syme during his natural hfe, and after his decease to the use of tlie said John Syme the younger, and his heirs for ever, on the part of the said Mildred his mother. i
V. Saving to the king's most excellent majesty^ his' heirs and successours, and to all and every other per- son or persons, bodies politick and corporate, their re- spective heirs or successours, other than the persons claiming under the said Mildred Syme, or the Avill of the said Nicholas Meriwether, all such right, title, or interest, as they, every, or any of them, could or might claim, if this act had never been made.
VI. Provided always, That tlie execution of this act shall be, and the same is hereby suspended, until his inajesty's approbation thereof shall be obtained.
CHAP. xm.
An act to dock the eniail of certain ' » lands whereof Richard Todd is seiz- ed^ and for settling other lands and slaves in lieu thereof
I. WHEREAS William Todd, formerly of the coun- Certain en- ty of King and Queen, gentleman, was in his lifetime tailed lands seized in fee simple of a large tract of land Ij^ng in the jj?^^^^°^ parish of St. Thomas and county of Orange, and be- Todd is seiz. ing so seized, in and by his last will and testament, in ed, docked, writing, bearing date the twelfth day of January, one thousand seven hundred and thirty six, did devise part of the said land to his daughters Dorothy and Betty^ his grandson William Gordon, and Richard Barber, and all the residue thereof, being eighteen Jnindred and, thirty five acres, he gave and devised to his son Rich- ard Todd, and the heirs of his body lawfully begotten, and for want of such issue to his son Thomas Todd, and his heirs, for ever, as by the said will i*emaining of record in the court of the said county of King and Queen, mav more fully appear; and the said William
H— Vol. 8. .ri
5 8 LAWS OF VIRGINIA,
IPodd died sooii afterwards so seized, whereupon tJie said Richard Todd entered into the lands so devised to him, and was and is seized thereof as tenant in fee taille.
II. And whereas the said Richard Todd is seized iii fee simple of and in a tract of land containing four hun- dred and sixty acres, lying in the county of King and Queen, and is possessed in his own right of the follow- ing negro slaves, to wit, one man named Humphrey, a woman named Violett, and a girl named Judith, and it is represented to this general assembly that it will be greatly to the benefit of the said Richard Todd, and his family, if he was allowed to dock the entail of twelve hundred and eighty-five acres of land, part of the said tract in the county of Orange, whereby he might be en- abled to make a better provision for his younger chil- dren, and to settle the said tract of land in the County of King and Queen, with the slaves aforesaid, to be an- nexed thereto, to the same uses; and forasmuch as no- tice hath been published tliree Sundays successively, in the several churches in the said parish of St. Thomas, that application would be made to this present General Assembly for an act to this purpose, pursuant to your majesty's instructions:
III. May it therefore please your most excellent ma- jesty, at the humble suit of the said Richard Todd, that it may be enacted, And be it enacted, by the Ldeutenant- Governour, Council, and Burgesses, of this present Ge- neral Assembly, and it is hereby enacted by the authority of the same, That twelve hundred and eighty five acres of land, part of the said tract in the county of Orange, bounded as followeth, to m it: Beginning at three white oaks on the south east side of a branch called Mount Molly, running thence south forty five degrees west three hundred and fifty eight pole to two red oaks and a hickory, thence north sixty se^■cn degrees west six hundred and sixty four pole, thence north twenty two and a half degrees east four hundred and forty pole, thence south sixty one degrees east four hundred and forty four pole to ihree white oaks, thence south fifty seven degj'ces west three hundred and twenty six pole to Hoome's road, thence down the said road to Mount Molly afoesaid, thence up the said branch to the line of the whole tract, and from thence south sixty one de- grees east two iiimdred and fifty six pole to the begin- ning, be, and the sanie is hereby vested in the said Rich- ard Todd, his heirs and assigns, for c\ er, to his and
OCTOBER 1764— 4th GEORGE III. 09
their own proper use and behoof; and that the said four hundred and sixty acres of land in the county of King and Queen, wliereof the said Richard Todd is seized, together with tlie negro slaves aforesaid, and their fu- ture increase, shall be, and the same is hereby vested in the said Richard Todd, and the heirs of his body, and in default of such heirs shall descend, pass, and go, to such person or persons, and in like manner, as the :said land in the county of Orange would have descend- ed and gone, under the limitations in the will of the said William Todd, if this act had never been made,
IV. Saving to the king's most excellent majesty, his heirs and successoiirs, and to all and every other person and persons, bodies politick and corporate, other than the persons claiming under the will of the said William Todd, all such right title, interest and estate, claim and de- mand, as they, every, or any of tliem, could or might have liad or claimed, if this act had never been made.
V. Provided (dvmys, That the execution of this act shall be, and the same is hereby suspended, until hi^, ?ttajesty's approbation thereof shall be obtained,
CHAP. XIV.
An act to vest certain entailed lands in Robert Lewis^ gentleman^ in fee- simple^ and •for purchasing more convenient lands to be settled in lieu thereof
I. WHEREAS John Lewis, formerly of the parish Certain en- of Abington, in tJie county of Gloucester, esq. deceas- tailed lands ed, was in his lifetime, and at the time of his death, sei- ^ert Lewis ?ed in fee simple of a tract or parcel of land lying in genilcmjin, the parish of St. Peter, in the county of New Kent, and the parish of St. Paul, in the county of Hanover, con- taining thirteen hundred acres, more or less, being part of a tract of land called Chomokins, and by his last will and testament, in writing, bearing date in March one thousand seven hundred and twenty-five, did, among other things, give and devise the said tract of
60 LAWS OF VIRGINIA,
land, with the appurtenances, unto his son Robert Lew- is, and the heirs of his body lawfully begotten, for ever, and for want of such heirs to his son Charles Lewis, and the heirs of his body lawfully begotten, for ever^ and for want of such heirs to his next male heir at law, by virtue of which will the said Robert Lewis is now seized of the said thirteen hundred acres of land in fee taille; and whereas the said lands are very inconvenient to the said Robert Lewis, and less capable of improve- ment than other lands which may be purchased with the money arising from the sale thereof, and the said Robert Lewis hath agreed to sell the same to several purchasers for the sum of twelve hundred and fifty pounds current money, the full value thereof, and is de- sirous that the entail of the above mentioned land should be docked, and that the said sum of twelve hundred and fifty pounds current money should be laid out in the purchase of more convenient lands, to be settled to the same uses; and John Lewis, eldest son and heir appa- rent of the said Robert Lewis, being of full age, is Vvillv ing and desirous that an act may pass for that purpose; and forasnmch as notice hath been published, three Sundays successively, in the several churches of the said parishes of St. Peter and St. Paul, that .application would be made to this present General Assembly to dock the entail of the said thirteen hundred acres of land, and to settle other lands of greater value to the same uses, pursuant lo your majesty's instructions:
II. May it therefore please your most excellent ma- jesty, at the humble suit of the said Robert Lewis, that it may be enacted, And he it enacted, by the Lietitenant- Governour, Council, and Burgesses, of this present Ge- neral Assembly, and it is hereby enacted by the authority of the same. That the said thirteen hundred acres of land, with the appurtenances, lying and being in the counties of New Kent and Hanover, whereof the said Robert is now seized in fee taille as aforesaid, be, and the same are hereby vested in the said Robert Lewis, his heirs and assigns, to tlie only proper use of the said Robert Lewis, his heirs and assigns, for ever, and that the said sum of twelve hundred and fifty pounds cur- rent money be paid by the said Robert Lewis to Tho- mas Walker, Henry Fry. Thomas Meriwether, and Nicholas Meriwether, gentlemen; and the said trustees, or the greater part of tiiem, or their kurvivers, shall fair- ly lay out the said sum of money in the purchase of s\
OCTOBER 1704— 4th GEORGE III. 6 I
more convenient tract or tracts of land; and as soon a> such purchase can be made, they are hereby empow- ered and required to cause proper deeds or conveyances in law to be executed, to the said Robert Lewis, for conveying the lands to be purchased to the said Ro- bert Lewis, and the heirs of his body lawfully begotten, for ever, and in default of sucii heirs to such person and persons as the said thirteen hundred acres of land in New Kent and Hanover would have remained and de- scended by virtue of the will of the said John Lewis, if this act had never been made.
in. Saving to the king's most excellent majesty, his heirs and successovu's, and to all and every other person and persons bodies politick and corporate, their respec-^ tive heirs and successours, other than the persons claim- ing under the said recited will, all such right, title, in- terest, estate claim, or demand, as they, every, or anv of them, could or might claim, if this act had never been made.
IV. Provided always, That the execution of this acf be, and the same is hereby suspended, until his mnjo:- ty's approbation thereof shall be obtained.
CHAP. XV.
yin act to vest certain entailed lands lohereof William Gary is seized in Allen Jones i7i fee-simple^ and for settling other lands and slaves to be purchased in lieu thereof to the same uses.
I. WHEREAS WiOiam Cary, formerly of the coun- Certain en- ty of Warwick, was in his lifetime, and at the time of '^i'^d lands his death, seized in fee simple of and in a tract of high winiam Ca- land and marsh lying at the mouth of Skiif creek, in ry'isTdzed* the said county, containing about three hundred and ^'^sted in au sixty acres, and being so seized made his last will and ^^" '^""'^^• testament, in writing, bearing date the twenty sixth day of August, one thousand seven hundred and eleven, and therein, amongst other tlyngs, did give and devise the
0^ LAWS OF VIRGLMA,
said tract of land, after the decease of his v»ife Martha* unto his son Harwood Gary, and tlie heirs of his body lawfully begotten, with several rcmaiiiders over, in case of failure of issue of the said Hunvood Cary, as in and by the said will ma}- more fully appear; and after the death of the said testator, and his said wife Martha, the said Harvvood the son entered into the said tract of land, and died seized thereof, leaving issue William Ca- ry, his eldest son and heir, who entered into the said land, and is novt- seized thereof as tenant in fee taille; but the said William Cary having no slaves to work the said land, the same is of little ]>rofit to jiim; and it hath been represented to this assembly)' that it will be for the benefit of the said William Cary, and his issue,. to sell the said entailed lands, and lay out the money in the purchase of other lands and slaves, to be settled to the same uses, the said William Cary having con- tracted for the sale of the said entailed lands to one Allen Jones, for seven hundred and twenty pounds cur- rent money, the full value of the same; and forasmuch as notice hath been published three Sundays successive-* ly, in the several churches of the parish of Warwick, irx the said county of Warv,ick, that application would be made to this present General Assembly for an act to tlock the entail of the said lands, and ibr settling other lands and slaves to be purcliased with the money afore-^ said, to the same uses, pursuant to your majesty's in-^. ^tructions;
II. May it therefore please your most excellent ma- jesty, at the humble suit of the said William Cary, that 4t may be enacted, And be it enacted,hij the Lieutenants Governour, Council, and Burgesses, of this present Ge- neral Assembly, and it is hereby enacted by the authori^ ty of the same, That the said tract of three hundred and .sixty acres of high land and marsh, be the same more or less, whereof the said William Cary is seized in the covmty of Warwick, be, and the same is hereby vested in the said Allen Jones, his heirs and assigns, for ever, to his aiid their own use.
III. Provided alivays, and be it further enacted, That the said Allen Jones shall pay the said sum of seven hundred and twenty pounds to Archibald Cary, John Fleming;, Robert Boiling, junior, and Joseph Cabell, gentlemen, in tuust; that they, or the greater part of
«^ them, shall fairly lay out the said money in the pur-
chase of other lands and slaves, to be conveyed by deed
OCTOBER 1764— 4th GEORGE III. 6'3
ov deeds duly proved and recorded, and from thence- forth the said lands and slaves so purchased shall de- scend, pass, and go together, to the said William Gary, and the heirs of his body, and to such other person or persons as the said lands in the county of Warwick would have remained, gone, and descended, by virtue of the limitations in the will of the said William Gary the elder, if this act had never been made.
IV. Savmg always to the king's tnost excellent ma- jesty, his heirs ;uk1 successours, andto all and every other person and persons bodies politick and corporate, their respective heirs and successours, other than the persons claiming under the will of tlie said William Gary the elder, all such estate, right, title, and interest, as the}', every, or any of them, should or might have had or claimed, if this act had never been made.
V. Provided always, That the execution of this acj; shall be, and the same is hereby suspended, until lii> inajestys approbation thereof shall be obtained.
CHAP. XVJ.
An act for vesting the ahsolule proper- ty oj' certain slaves therein named in George Heale^ gentleman^ and for settling three certain tracts of land therein mentionedon the said George Hecde^ in lieu of the said slaves.
I. WHEREAS John Heale, late of the county of Absolut'^ Lancaster, gentlemen, deceased, by his last will and property of testament, in writing, duly executed-, bearing date the certain twenty ninth day of November, one thousand seven huu- ?'=^^f svesteo. area and tnirty-nme, did, among other ihmgs give, de- Heale, and vise, and bequeath unto his nephew George Heale, now three tracts of the said county of Lancaster, gentleman, and to the ff |f"'^f-^^j heirs male of his body lawfully begotten, several tracts thereof of land, in the said will particularly described, and se- veral slaves, therein also named, with divers remainders over, in case of failure of such heirs male, as in and by the t^
said will, duly proved and admitted to record, and novv
LAWS OF VIRGINIA,
remaining amongst the records of the said county of Lancaster, reference being thereunto had, may more ful- ly appear; by virtue of which will the said George Heale entered into the said lands, and is now seized thereof, and is also possessed of such of the said slaves, mentioned in the said will, as are now living, and their increase, in taille male.
II. And whereas the said George Heale is seized in fee simple of and in three several tracts of land, situate, lying, and being, in the parish of Hambleton, in the county of Fauquier, one of the said tracts containing eleven hundred and thirty acres, more or less, which he purchased of Thomas Edwards, one other of the said tracts, containing five hundred acres, more or less, wl)ich he purchased of one Charles Chinn, and the other con- taining two hundred acres, more or less, which he pur- chased of one Rawley Shearman; which said three tracts or parcels of land, containing one thousand eight hundred and thirty acres in the whole, are all adjoin- ing and contiguous together: And it is represented to this present general assembly that it will not only be more advantageous to the said George Heale, and the heirs male of his body, and all others claiming in re- mainder and reversion under the will of the said John Heale, deceased, but that it will also enable the said George Heale to make some provision for his younger children, if he was vested with the absolute property of part of the said slaves, in lieu whereof he is willing and desirous that the above mentioned one thousand eight hundred and thirty acres of land in the county of Fau- quier, which is of greater value, should be settled on him and the heirs male of his body, to descend and pass in the same manner as the said slaves would descend under the will of the said John Heale, deceased.
III. And wiiereas notice hath been published, three Sundays successively, in the seA-eral churches of the pa- rish of Christ Church, in the said count}^ of Lancaster, 5hat application would be made to this present general ussembly for an act to dock the entail of part of the said slaves, pursuant to your majesty's instructions:
iV. May it therefore please your most excellent ma- jesty, at the liumble suit of th.e said George Heale, that it may be enacted, And he it enacted by the L/ieuienant Governour, Council and B'U7yj;csses, of this present Ge- neral Assembly, and it is hereby enacted by tke avthoriiy of the same, Tjiat from and after the passing of tiiis act
OCTOBER 1764— 4th GEORGE III. 0 5
tlie said George Heale shall be, and he is hereby de^ clared to be, vested with the absolute property and dis- posal of thirty-six of the said slaves in number, some of which are the original slaves named in the will of the said John Heale, and the rest are descended from them, and are named as follow, to wit, Sarah, Martha, Grace, Sinah, Nan, Hagar, young Joan, Lucy, Win- ne}', young Nan, Milley, Lettice, young Winney, Judy, Frances, Margery, Abigail, Nell, Tabb, Hannah, Bet- ty, Sarah, young Kate, Priscilla, Letty, Dorcas, Han- nah, Agatha, Mary, Jane, young Hannah, Rachael, Rebecca, Neilson, Cyrus, and Abel, and also the fu- ture increase of the said female slaves, and may sell and dispose of the same as he shall think proper; and that the said George Heale shall, and he is hereby declared to stand seized of the said one thousand eight hundred and thirty acres of land in the said county of Fauquier, to hold to the said George Heale and the heirs male of his body; and that the said one thousand eight hundred and thirty acres of land shall descend, pass, and go, in remainder and reversion, to such person and persons as the said slaves would have remained and descended under the will of the said John Heale, deceased, if this act had never been made.
V. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other per- son and persons, bodies politick and corporate, their respective heirs and successours, other than the heirs male of the body of the said George Heale, and the persons claiming in remainder and reversion under the Avill of the said John Heale, deceased, all such right, title, interest, property, claim, and demand, whatsoever, as they, every, or any of them, could or might have had or claimed, if this act had never been made.
VI. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained.
I— Vol. 8.
LAWS OF VIRGINIA,
CHAP. XVII.
An act to dock the entail of eighteeri hundred acres of land in the parish of Albemarle^ in the county of Sus- sex^ lohereof Nathaniel Harrison the younger is seized in fee taille^ and for vesting the same in trustees in fee simple for the uses therein mentioned.
Entail of I. WHEREAS Nathaniel Harrison, esquire, of the certain lands county of Surry, deceased, being in his lifedme seized m Albemarle ^^^ possessed of a certain tract or parcel of land com- county of monly called and known by the name of W akefield, Sussex whereon the said Nathaniel Harrison then lived, lying
whereof Na- ^^^ being in the parish of Southwark, in the county rison the aforesaid, containing by estimation two thousand eight younger is hundred acres, and also one other tract or parcel of land seized, dock- commonly called Joseph's Swamp, then lying and be- ^d i^^tru^-^^ ing in the said parish and county, now the parish of Al- ices in fee- bemarle, and county of Sussex, containing by estima- simple, for tion one thousand eight hundred acres, did, by his last certain uses. ^yj|] ^^^ testament, bearing date the fifteenth day of December, in the year of our Lord one thousand seven hundred and twenty six, give and bequeath unto his SonBenjamin Harrison, after the decease of his wife, the said first mentioned tract of land, and the heirs male of his body lawfully begotten, and did also give and be- queath unto his said son Benjamin his said last mention- ed tract, called Joseph's Swamp, and to the heirs maliJ of his body and on default of such issue did devise the said tract of land called Wakefield unto his son Na- thaniel Harrison, and to the heirs male of his body lawful- ly begotten, and in defaidt of such issue did devise the remainder of all the lands before devised to his sons Nathaniel and Benjamin Harrison to his brother Hen- ry Harrison, Gentleman, and did by the said will give and bequeath unto his said sou Benjamin several other tracts of land, slaves, stock, and other personal estate, as by the said last will and testament, reference being thereto had, may more at large appear.
OCTOBER 1764— 4ih GEORGE III.
il. And whereas the said Benjamm, after the death of his said father, entered into the said lands; and hav- ing in his hfetime contracted several debts, for the pay- ment of which all his lands in fee simple, slaves, stocks, and other personal estate, were taken in execution, and sold; and the said Benjamin died some time in the year one thousand seven hundred and fifty eight, leaving Susannah his widow, and Nathaniel Harrison, his eldest son, and heir at law, to whom the said entailed lands descended, but for want of negroes c-.nd stock to culti- vate the same they are of little use or profit to the said Nathaniel; and forasmuch as it would be of great ad- vantage to the said Nadianiel that the said tract of land called Joseph's Swamp should be sold, and that the money arising from the sale thereof should be laid out in aegroes, to be settled on the said Wakefield tract, and the widow, and persons claiming in remainder and reversion, have assented thereto, notice having been published three Sundays successively in the several churches of the said parish of Albemarle, where the said land lies, that application would be made for that pur- pose to this present General Assembly, pursuant to your majesty's instructions:
III. May it therefore please your most excellent ma* jesty, at the humble suit of the said Nathaniel Harrison the younger, that it may be enacted. And be it enacted, by the Lieutenant- Governour, Council, and Burgesses, of this present General Assembly, and it is herehy enact- ed by the authority of the same, That from and after the commencement of this act the said tract of land called Joseph's SMamp, with the appurtenances, shall be, and the same are hereby vested in Nathaniel Har- rison, esquire, of the county of Stafford, Richard Bland, esquire, of the count}^ of Prince George, William Allen, esquire, of the county of Surry, and Benjamin Cocke, esquire, of the county of Prince George, who are ap- pointed trustees for putting this act in execution, in trust; that they the said trustees, or the survivers or surviver of them, shall cause the said land to be sold for the best price that can be goi for the same, and up- on payment of the purchase money the said trustees, or the survivers or surviver of diem j shall make a deed or deeds for the conveyance of the fee simple estate and inheritance of the said land to die purchaser or purcha- sers, who shall for ever after hold and enjoy the same, jfreed and discharged from all the limitations in the said
§7
LAWS OF VIRGINIA,
last will and testament of the said Nathaniel Harrison, any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding.
IV. Jlnd he it further enacted, by the authority afore- said, That the money arising from the sale of the said lands shall be by the said trustees, or the survivers or surviver of them, as soon as conveniently may be after receiving the same, fairly laid out and disposed of in the purchase of slaves; and the said trustees, or the sur- vivers or surviver of them, are hereby empowered and required to assign to the said Susannah Harrison, the widow and relict of the said Benjamin Harrison, de- ceased, one equal third part of the said slaves, to be held by the said Susannah during her life, in lieu of her dower in the aforesaid lands; and are hereby fur- ther empowered and required to cause a deed, or deeds, to be executed for the said slaves to the said Nathaniel Harrison the younger, which deed, reciting the power under which the said trustees acted, and the names of the slaves to be by them purchased, shall be recorded in the county court of Surry; and the said slaves, from and after the perfecting such deed, shall descend, pass, and go, to the said Nathaniel Harrison the younger, and all persons claiming under the will of the said Na- tlianiel Harrison, in the same manner as the said tract of land called Wakefield is limited to descend, pass, and go, according to the will of the said Nathaniel Harrison, deceased.
V. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other persorr and person, bodies politick and corporate, their respec- tive heirs and successours, other than the persons claim- ing under the last will and testament of the said Na- thaniel Harrison, deceased, all such right, title, interest, claim, and demand, as they, every, or any of them, shovdd or might claim, if this act had never been made. VI. Provided always, That the execution of this act shall be, and the same is hereby suspended, until bi& jnajesty's approbation thereof shall be obtained.
OCTOBER 1765*— 5th GEORGE III. 69
CHAP. XVIII.
An act for artiending the Staple of Tohacco^ and for jyreventing J'rauds in his majesty's customs.
I. WHEREAS the act passed in the twenty second Preamble year of the reign of his late majesty king George the second for amending the staple of tobacco and prevent- ing frauds in his majesty's customs, is, from the many aherations made tiierein by the several acts since pass- ed for amending and continuing the same, rendered difficult to be understood, whereby many penalties may
be incurred, and this present general assembly having thought it expedient that the said laws should be redu- ced into one act.
II. Be it therefore enacted by the Ldeutenant-Gover- All tobacco noicr, Council, and Burgesses, of this present Genera/ tobebrought Assembly, and it is hereby enacted by the authority of the [° ^ ^^■'^i'^- same, That for the more effectual preventing the ex- portation of trash, bad, unsound, and unmerchantable tobacco, all tobacco which from and after the com- mencement of this act shall be exported out of this co- lony (except only such tobacco as liath been, or shall
be, viewed and inspected according to the directions of the laws now in force) shall be first brought to some or one of the publick warehouses herein after mentioned, and shall be there viewed and inspected in manner as herein after is expressed.
III. And be it further enacted, by the authority afore- All tobacco said, That no person shall put on board or receive in- tobecT.port- to any ship, sloop, boat, or other vessel, in order to be packecl\n* exported therein, any tobacco not packed in hogsheads casks, and or casks, upon any pretence whatsoever; nor in any inspected. hogshead or cask, to be in that, or any ship, sloop,
boat, or other vessel, exported out of this colony before the same shall have been viewed and inspected accord- ing to the directions of this act, except as before ex- cepted: But that all tobacco whatsoever to be received or taken on board any ship, sloop, or otiier vessel, and
♦ In the original, the running title of the acts of this session, i?i "Anno Regni quarto Georgii tertii regis, and in the margin A. 1). 1764, until you come to this place, when it is altered to quinto, and A. D, 1765, in the margin.
fO LAWS OF VIRGINIA,
to be therein exported, or to be carried or put on board any other ship, sloop, or other vessel, for exportation, as aforesaid, shall be received or taken on board at the several warehouses for that purpose herein after men- tioned, or some or one of them, and at no other place The oath of 01' places whatsoever. And every master, mate, or masters of boatswain, of any ship or other vessel which shall ar- vessels m- j.jyg j^ ^jjjg colony, in order to load tobacco during the load wkh°to- continuance of this act, shall before the said ship or bacco. vessel be permitted to take on board any tobacco what-
soever, make oath before the naval officer of the dis- trict wherein such ship or vessel shall arrive (which oath the said naval officer is hereby empowered and re- quired to administer) that they will not permit any to- bacco whatsoever to he taken on board their respective ships or vessels except the same be packed in hogsheads or casks stamped by some inspector legally thereunto appointed, which oath they shall subscribe in a book to be kept by the naval officer for that purpose. And if any master shall cause any person who is not really and bona fide mate or boatswa,in to come on shore and take such oath, he shall for the said offence forfeit and pay twenty pounds. And if any master or commander Penalty on of any ship or vessel shall take on board, or suffer to such master, be taken on board, the ship or vessel whereof he is mas- ter, any tobacco brought from any other place than some or one of the publick warehouses herein after men- tioned, or any hogshead or cask of tobacco not stamp- ed by some lawfid mspectors, or shall suffer to be brought on board any tobacco, except in hogsheads or casks stamped as aforesaid, every such master and com- mander shall forfeit and pay twenty pounds of lawful money foi* every hogshead or cask of tobacco which shall not have been brought from one of the said pub- lick warehouses, or which shall not be stamped as afore- said, and moreover every such hogshead or cask of to- bacco shall be forfeited. No tobacco ^^' And for as much as the pennitting tobacco in to be taken bulk or parcels to be watcrborn, on pretence of being on board any carried to the warehouses established by this act, may bulk^^ ^"i §*^^ great opportunity to the clandestine running the tfels, same on board the ships Ijing at or near the said ware-
houses, whereby the evil of exporting trash tobacco may be still continued: Be it further enacted, by the au- thority aforesaid, That if any person taking upon him- self to carry any tobacco to or from any of the said
OCTOBiER 1765— 5th GEORGE III. "i 1
warehouses, in his sloop, boat, or other vessel, for hire, shall presume to take on board, or permit or sufler to be taken on board, any tobacco whatsoever in bulk or parcels, such tobacco shall not only be forfeited, and may be seized by any person or persons whatsoever, but the master or skipper ofiending herein shall forfeit and pay twenty shillings for evei-y hundred povmds weight of such tobacco, and so proportionably for a greater or lesser quantity; and the master or command- er of any ship or vessel wherein any trobacco in bulk or parcels shall be found, shall, over and above the for- feiture thereof, be subject and liable to the same penal- ty; to be recovered, if it doth not exceed five pounds, before any two justices of the peace of any county (one of them to be of the quorum) near the place where such ship, sloop, boat, or other vessel shall lie, and if it ex- ceeds five pounds, in any court of record, by action of debt, wherein the plaintiff shall recover his costs. And every servant, slave, or other person employed in navi- gating any such sloop, boat, or other vessel, who shall connive at, or conceal, the taking or receiving on board any tobacco in bulk or parcel as aforesaid, shall, by or- der of such justices, receive on his bare back thirty nine lashes, well laid on; and if such sloop, boat, or other vessel, be under the care and management of a servant, who cannot satisfy and pay the said penalty, then such servant, and every other person employed under him who shall be guilty of conniving at, or concealing, the taking on board tobacco in bulk or parcel as aforesaid, shall, upon complaint thereof made to any justice of the peace, have and receive, by order of the said justice, thirty nine lashes, well laid on. And if any servant shall be again trusted with the care and management of any sloop, boat, or other vessel, and shall be con- victed a second time of taking or receiving on board the same any tobacco in bulk or parcel, contrary to the directions of this act, the owner of such servant shall forfeit and pay the like sum of twenty shillings for every hundred pounds weight of such tobacco so taken or re- ceived on board in bulk or parcel, and shall also for- feit and pay five shillings for every day such servant shall thereafter be employed as skipper or master of any sloop, boat, or other vessel to him belonging; to be recovered, and applied, as aforesaid.
V. Provided always, That nothing herein before con- thd'c *instan^ tained shall be construed to prohibit any person from ces.
73 LAWS OF VIRGINIA,
carrying, or causing to be carried, to the said ware- houses, in any boat or other vessel, any tobacco in bulk or parcels for the payment of his or her levies, debts, or other duties; nor to prohibit any person to put or take on board any sloop, boat, or other vessel, any hogs- heads or casks of tobacco, to be water-born to any warehouse or warehouses appointed by this act, so as the same be not carried out of the naval officer's district wherein the said tobacco shall be made; nor to prohibit the owner of any tobacco to transport his crops, or any part thereof, in hogsheads or casks, from one plantation to another, for the better handling or managing there- of; nor any purchaser of tobacco from bringing the same by water to be repacked, sorted, stemmed, or pi-ized, before the same be carried to the said warehouses, so as such last mentioned tobacco be packed in hogsheads or casks: But no tobacco, on any pretence whatsoever, shall be carried or transported by water to be inspected out of the district limited and appointed for the several naval officers of this colony wherein the same is or shall be made; or, being so carried, shall not be inspected or passed by any inspectors, knowing the same to be made out of such district, upon pain of forfeiting, by the own- er of such tobacco, and the inspectors who shall pass the same, twenty shillings for every hogshead, to the informer.
VI. Provided nevertheless, That it shall and may be Proviso tela- ]awful for the inhabitants of Fleet's Bay, on the south mii^bitants ^^^^ of Indian creek, in the county of Lancaster, to car- 011 Fleet's & ry their tobacco by water to the publick warehouses at Wanasqeak Indian creek; and the inhabitants of Warrasqeak bay, ^•^^ and the parts adjacent, to carry their tobacco to be pass-
ed at any warehouse in the upper district of James river. Ma ' • f ^^^' *^'^^ ^^ ^^ further enacted, That every master vessels to of a ship or vessel wherein tobacco shall be laden, shall, g^ive into the at the time of clearing, deliver to the naval officer two navalofficois |- j^. j^^anifests of all the tobacco on board his ship or manliest or , . , ^ ^ ^ r
their tobacco vessel, expressing the marks and numbers oi every
ail oath. hogshead, and the tare and neat weight stamped there- on, the person by whom shipped, and from what ware- house, and shall make oath thereto; and that the same is a just and true account of the marks, numbers, tare, and neat weight, of each x-espective hogshead, as the same was taken down by the person or persons appoint- ed by him to take the same, before the said tobacco
OCTOBER 1765- 5tli GEORGE III. 73
was stowed away: And no ship or vessel shall be cleaf- ed by the naval officer before he shall have received such lists and manifests, one of which said manifests shall by the said naval officer be annexed to such master's cer- tificate or clearance, to the end the same may be deli- vei-ed to tlie chief officer of the customs in such port or place where the said ship shall unload, and the other of .the said manifests shall by the said naval officer be transmited to the said chief officer of the customs by tlie next convenient opportunity.
VIII. And be it further enacted, That if the skipper jjc],^„jedto- of any sloop, boat, or other vessel, or otiier person or bacco must persons to whom the care and management thereof beat some shall be intrusted, shall land or put on shore any hogs- ^''^itlioua''' head, cask, or package of tobacco, pu, on board the
same to be carried to any publick warehouse, at any other place or places than the warehouses by this act appointed for the reception and inspection of tobacco, or at some or one of them, or the uiiarfs or other land- ing to such warehouse or warehouses belonging, or shall put t%e same onboard any other vessel, or sutler the same to 1/e done, so as the same be not delivered at some of the said publick warehouses without fraud or embez- zlement, or shall open any hogshead or cask of tobacco so as aforesaid water-born and landed, and take there- out any tobacco before the same be viewed by the in- spectors, according to the directions of this act, or after the same has been viewed shall fraudulently open any hogshead or cask and take thereout any tobacco, every such offence shall be adjudged felony, and the oflender or offijnders shall suffer as in case of felony.
IX. Provided always, That nothing herein before Except in contained shall be construed to prohibit the landing or cilstress of putting on shore any hogshead, cask or package of to- ^^^^ bacco, out of any sloop, boat, or other vessel, which by distress of weather shall be forced on ground, or be- come leaky, so as such landing be really and honajide
for the preservation of the tobacco laden in such vessel, and that the same be with all convenient speed carried thereafter to the warehouse or ship (as the case shall be) to which it was designed, without embezzlement,
X. Proviffed also, That if by any of the accidents ^ aforesaid, or negligence of the master or skipper of any tacco^^ "' vessel, any tobacco which hath been viewed and stamp- ed shall in its carriage to the ship in which it is intend-
K~VoL, 8.
f^ LAWS OF VIRGINIA.
td to be exported receive so much damage as that the master of such ship will not receive it on board, every hogshead or cask of tobacco so damnified shall with all convenient speed be carried to some warehouse appoint- ed by this act, and there lodged until the owner of the said tobacco, or master of the vessel in which it was damaged, shall have separated the same and repacked the good tobacco; and then the same shall be weighed, and stamped with the v/eight, by the inspectors attend- ing such warehouse, without fee or reward: But if the owner of such tobacco, or the master of the vessel in which it was damaged, shall fail or delay to separate and repack the same within ten days, then the inspectors at the warehouse where such damaged tobacco shall be landed shall and they are hereby required and enjoinedj to separate, repack, weigh, and stamp the same; and such inspectors shall have and receive of the owner of such tobacco five shillings for each hogshead or cask of tobacco, to be paid by such owner before the said tobacco shall be delivered out for exportation. No tobacco ^I- ^nd for preventing the clandestine transportation to be trans- of bad and unmerchantable tobacco from this colony ported to iq ^jjg provinces of North Carolina and Maryland, and linaorMarv'. ^^^^ ^^^ *'^^ preventing the exportation of tobacco in land without bulk or parcel. Be it further enacted by the authority being in- aforesaid, That no tobacco whatsoever of the growth specte , ;.'c. ^j. pj.Qfjuction of this colony, shall, during the continu- ance of this act, be transported or carried into either of the said provinces of North Carolina or Maryland, either by land or water, until the same hath been first viewed, examined, and stamped, at one of the ware- houses appointed or to be appointed in pursuance of this act, nor until due entry thereof shall be made with the officers of the customs in the district wherein the owner of the said tobacco shall reside, and a permit ob- tained from them for that purpose, and if any person or persons shall presume to carry or transport, or cause to be cari'ied or transported, any tobacco not inspected and stamped, or without having obtained such permit as aforesaid, to either of the said provinces of North Carolina or Maryland, he or they so offending shall forfeit and pay five pounds for every hogshead or cask of tobacco and twenty shillings for every hundred pounds of tobacco in bulk or parcels, transported ov- carried out contrary to the directions of this act.
OCTOBER 1705— 5th GEORGE III. 75
XII. ^nd be it further enacted, That all sheriffs, im- SherifFs, See.
der sheriffs, and constables, who shall be in office at the ^°^j^ to make
passing of this act, shall, at the first court to be held discovery
for their respective counties after the publication there- where lo-
of, take an oath that if they shall at any time know, or 1^=^^"^" '^' "\ ,',.,,. ^ , ,■' , -^ tended to be
be credibly mformed, or have good reason to suspect, shipped, &.(;.
that any tobacco is pressed or packed in any cask, chest, contrary to or other package whatsoever, or any tobacco is put on *^"^ ^^^' board any boat, or vessel in order to be shipped off without being inspected, or that any tobacco is carry- ing or carried out of this colony into Carolina or Ma- ryland without a permit for so doing, they will forth- with make information and a particular discovery there- of to the next justice of the peace of the county where such tobacco shall be; and that all sheriffs and under sheriffs respectively which shall, after the passing of this act, be appointed or sworn into the said offices, shall, at the time of their being sworn, take the same oath, and obtain a certificate thereof; and ever}' such ofiicer failing so to do shall forfeit five pounds current money, to the informer; to be recovered, with costs, by action of debt or information, in any court of record within this dominion: And every inspector and consta- ble shall take die same oath, at the first court held for the county where he i-esides, or at the same court, if sworn at the county couri:, after he shall be sworn in his office, under the like penalty: And if any justice of the peace shall know, or be informed by any of the said officers, or by any other person, upon oath of any such tobacco so pressed or packed, in order to be shipped ofl' or carried out of tliis colony without being inspect- ed as aforesaid, such justice, or b}' his warrant aii}^ she- riff, under sheriff, or constable, within tlie limits of his county, shall have power and authority, and is hereby required, to enter any suspected houses, and to break open all doors, either by day or by night, to search for the same; and finding any tobacco pressed' in any cask, chest, or case, that shall not contain two hundred pounds weight of neat tobacco, or any package made up in linen cords or spun 3 arn of any weight whatso- ever, such justice, sherifl", undei^ sheriff, or constable, respectively, shall seize and destroy the same, and the person in whose possession such tobacco shall be found shall forfeit, to the infoi mer, ten shillings for every hun- dred pounds weight, and so in proportion for a less •[uantity; to be recovered, with costs, in any court of
7(3 LAWS OF VIRGINIA,
record if k be twenty five shillings current nionej , or more, or if under that sum, before any justice of the peace of the county where the fact shall be committed; and such justice shall and may issue an execution cither against the body or goods of the oflender accordingly, any law, statute, or custom, to the contrarj^, notwith- standing. And any justice of the peace of any county near the place where any ship, sloop, boat, or other vessel, shall ride, upon application to him made by any person suspecting any tobacco in bulk or parcels to be on board such ship, sloop, boat, or other vessel, shall and is hereby empowered and required to issue his war- rant, directed to the sherifi', or any constable of his county; and the sheriff or constable shall have full pow- er and authority, and he is hereby required, to enter and go on board such ship, sloop, boat, or other ves- sel, to search for and seize such tobacco; and the same being seized shall be brought on shore, and carried be- fore the same or any other justice, who shall cause the same to be immediately weighed and burnt by such sheriff or constable. And if any master or command- ing officer of any shij) or vessel, or the skipper of any sloop, boat, or other vessel, or any other person \vhat- soever, shall resist the officer in the execution of any such warrant, every such master or commanding offi- cer shall forfeit and pay fifty pounds; and every such skipper, sailor, or other person so resisting, shall forfeit and pay ten pounds. And if an}' action shall be brought against any justice of the peace, sheriff, under sherill", or constable, for doing an}' thing in execution of this act, the defendant may plead the general issue, and give this act in evidence; and if the plaintiff shall be non- suited, or a judgment pass against him upon a verdict or demurer, the defendant shall recover double costs. 1 or prevent- Xlll. And tor preveudag the cutting and manufactur- ^"^„.^^^ ^^^' i"g ^^^ *"^' ""^'-^^'"d "^'d trash tobacco, Be it further nut^cturing" enacted, by the auihoritij aforesaid, That from and after bad, un- the passing of this act no person whatsoever shall cut, sound, and manufacture, and prize into any hogshead or cask, any trash tobac- |q]3(.jj(.(j ^yhich shall not have been viewed, examined, and passed, at some or one of the publick warehouses, before the same shall be cut and prized; and every per- son bringing any hogshead or cask of cut and manu- factured tobacco to any ^^•arehouse to be viewed, stamp- ed, and passed, shall, before the same be vie\\ ed and ex- amined, or staniped, make oath before the inspectors
OCTOBER 1765— 5tli GEORGE IIL 77
of the warehouse to which the same shall be brought, or one of them (which oath tlie said inspectors, or one of them, is and are hereby empowered and required to administer) that all the tobacco cut and manufactured, contained and prized in such hogshead or cask, was, before the same was cut and prized, viewed, examined, and passed at some or one of the publick warehouses in this colony, and that, to his knowledge, privity, or direction, no other tobacco hath been packed or prized in such hogshead or cask: And it shall not be lawful for any inspectors to view, pass, and stamp, any hogshead or cask of cut and manufactured tobacco before such oath be taken by the person bringing or owning the same. And if any person shall presume to cut and man- ufacture any tobacco which shall not have been first viewed, examined, and passed at some or one of the publick warehouses as aforesaid, in breach of this act, and of the said oath, every such person so oflending, and being thereof lawfully convicted, shall forfeit and pay for every such offence ten pounds, and moreover shall suffer as in case of wilful and corrupt petjury.
XIV. And he it further enacted, That any light Lig-htTobaQ- hogshead or parcel of tobacco after the same shall be Y^r^.'Y ^i^^ passed at any publick warehouse, and not stamped, shall t^g Owncr and may be delivered out by the inspectors to the own- before
er of their receipts, and such tobacco may be carried stamped, but away, for the better sorting or stemming, or cutting the before 'ag'ain same; provided that such tobacco shall not be shipped inspected. ofi' until it shall be again inspected, passed, and stamp- ed for which the inspectors shall receive the established fees, under the same penalties as are herein before in- flicted for shipping ofl", and taking on board any ship or other vessel, tobacco not inspected, viewed, and stamped, according to the directions of this act.
XV. And he it further enacted, hy the authority afore- Warehouses said, That publick warehouses for inspection of tobac- established CO, pursuant to this act, shall be kept at the several places herein after mentioned, that is to say: In the county of Accomack, at Pitt's landing upon Pokomoke, and at Guilford's where the warehouses are now kept, under one inspection; at Pungoteague in the same coun- ty, and at Nasswaddox in Northampton countj'^, where the warehouses are now kept, under one inspection. In the county of Caroline, at Conway's and Roy's. In the county of Charles City, at Swinyard's, and upon the land of William Kennon, where the warehouses are now
if' ' i^AWS OF VIRGINIA,
kept. In the county of Dinvviddie, at Boiling's Point and Bollingbroke, on the land of Robert Boiling. In Elizabeth City county, on the lands of Wilson Curie, adjoining the town of Hampton, in the county of Essex, at Bowler's, and on Piscataway creek, where the ware- houses now are, under one inspectioa; at Hobb's Hole, at Layton's and at port Micou, under one inspection. In the county of Fairfax, at Colchester, at Pohick, at Hunting Creek, and on the land of Philip LudwellLee, esq; at the falls of Potowmack. In the county of Glou- cester, at Gloucester town, at Easternmost River, at Dea- con's Neck, and at Poropolank, where the warehouses are noAv kept. In the county of Hanover, at Page's and at Crutchfield's upper landing, upon the land of Mr. Page, and Meriwhether's. In the county of Chesterfield, at Warwick, Rocky Ridge, Osborne's and at colonel John Boiling's, where the warehouses are iiovv kept,^ and at Bermuda Hundred. In the county of Henrico, at Brj'd's, Shocko's, at Four Mile creek on the land of John Pleasants, and on the lower side of the said creek on the land of Cliarles Woodson, under one inspection. In the county of Isle of Wight, at Smithfield, and at Fulghams's Point, under one inspection, and at War- rasqueak bay. In the county of King and Queen, at Shepherd's and Thomas Turner's, under one inspection; at Mantapike, at Walkertown on the lot of Mr. Baylor Walker in the said county, and at Waller's ferry in the county of King W^illiam, under one inspection; and at Todd's. In the county of King William, at Aylett's, ai Quarles's, at Williams's, and the Piping Tree, under one inspection; and at Waller's ferry, and Walkertown, in King and Queen coiinty, under one inspection. In the county of King George, at Bray's church, Fal- mouth, and on Jonathan Gibson's land, where the ware- houses are now kept, and on Mr. George Morton's land, and on the upper lots ol' John Dixon at Falmouth. In the county of Lancaster, at Davis's and Lowry's, under one inspection; at Dymer's and Indian Creek, in the county of Northumberland, under one inspection; and at Deep Creek. In the county of Middlesex, at Kemp's and at Urbanna. In the county of Norfolk, at the Great Bridge, on Mr. Samuel Boush's land, and at Kemp's landing in the county of Pi-incess Anne, under one inspection. In the county of Nansemond, at Sleepy Hole, and on tlie north side of Nansemond river, upon ihe land of William Wilkinson, under one iaspection;
OCTOBER 1765— 5th GEORGE 111. 79
knd on the land of Thomas Milner^ junior, on the wes^ tern branch of Nansemond river, and at Constance's, in the county of JN orthampton, at Cherrystone and Hun- gar's, under one inspection. In the couaty of New Kent, upon the land of Ricliard Littlepage, on the land of Anthony Waddy, and at the Brick House on colonel Bassett's land. In the county of Northumberland, at Wiccocomico, and at Coan. In the county of Prince George, at Blandford, and on Powell's creek, on the land of George Noble. In the county of Prince Wil- liam, at Quantico. In Richmond county, at Cat Point, and on Sir Marmaduke Beckwith's land, near the bridge on Rappahannock creek, under one inspection; and at Totuskey creek, on the land of Mr. Broken- brough, and on the land of Blr. Hornby, where the warehouses are now kept under one inspection; and at Glasscock's. In the county of Surry, at Cabin Point, and at Gray's creek. In the county of Stafford, on Po- towmack creek, upon Cave's land, at Boyd's Hole, where the warehouses are now kept, and at Acquia. In the county of Spotsylvania, at Fredericksburg, and Roystone's, In tlie county of Warwick, at Denbigh. «In the county of Westmoreland, on both sides ofNomo- ny, upon Spence's and Hood's land, under one inspec- tion; on the land of Richard Bernard, formerly Butler's, upon the lower side of Upper Machotack river, and on WiUiam Price's land, on the east side of Mattox creek, on the land of John Watts, on the west side of the said creek, under one inspection; at the New Landing, on Jeremiah Garland Bayley's land, and at Rust's, on Yeocomico, under one inspection; and at Stratford land- ing. In the County of York, at Roe's, at York town, and at the capitol landing, and at the college landing, in James City county, under one inspection.
XVI. And whereas it will be convenient, for reland- A Ware^ ing such tobacco as hath been brought from the ware- ^^o^se eat;; houses where it was inspected to be put on board some ^rhf^^^^^. > snip or other vessel for Great Bntam, but cannot be mrfolk. shipped by reason of such vessels not being able to stow the same, that a publick warehouse for the reception of such tobacco should be erected at Town Point, in the borough of Norfolk, at which place many vessels lie to lake in Uieir lading: Be it therefore further enacted, by the authority aforesaid. That the company erected and estabUshed under the denomination of the Town Point company by a former act of assembly, shall, and they
LAWS OF VIRGINIA,
are herebv required to build a warehouse at the place aforesaid, which shall be under the care of the inspec- tors of the Great Bridge and Kemp's warehouses, who shall receive from such persons as shall reland their to- bacco the sum of eight pence for every hogshead by them received according to the directions of this act; and the said company shall be entitled to receive all the rents which shall become due from the said warehouse. Undei- the XVII. And he it further enacted, That the said same regula- ware'.ouse shall be under the same regulations, and the WarelioiistY pi'oprietors of tobacco therein entitled to the same relief, in case of loss of their tobacco, as are directed, pre- scribed, and appointed, for the other warehouses es- tablished by this act.
XVIIi. And he it further enacted, That the rents of Rents of the ^^ several warehouses hereby establishes^ shall be, and they are hereby settled at the following rates: At Pun- goteague, £. 8. At Nasswaddox, £. 6. At Pitt's and Guilford's, £. 10. At Swinyard's, £, 10. AtJHampton, £. 7. At Bermuda Hundred, £,. 8. At Princess Anne and the Great Bridge, each, £. 5. At Cherrystone and Hungar's £. 5. At Roe's, £. 10. At the college land- ing, £. 10. And at all the other warehouses there shall be paid and allowed for the rents of the same eight pence for every hogshead of tobacco that shall be received, inspected, and delivered out of such warehouses re- spectively. Where XIX. Provided always, That where wharfs are or
^^^"*^ ^^ shall be necessary to be built or kept in repair at any rient of the said warehouses, and the rents hereby established
Wharfs and are not sufficient for building and keeping in repair new Ware- such wliarfs, or where any new warehouses shall here- be buflt ir ^^^^^ ^^ built, in pursuance of this act, and the rent the Publick hereby established shall not be propotionable to the ex- Expense. pense of such building, in both the said cases such fur- ther allowance shall be made by the general assembly a^ shall be thought reasonable, and the rents aforesaid, together with the inspectors salaries, shall be paid and allowed by the treasurer to the several inspectors upoa the passing their accounts; and the inspectors shall pay the rents to the persons entitled to receive the same out of the money received by them for inspecting tobacco; and if the money received by any inspectors of any of the warehouses aforesaid shall not be sufficient to pay the salaries and rents aforesaid, and other incident charges in this act mentioned, such deficiency shall be
OCTOBER 1765— 5th GEORGE III. 81
made good out of the general fund arising by the pro- fits of the other warehouses; and if that shall prove defi- cient, then the said rents and charges, together with the inspectors salaries, shall be paid and satisfied oui of any other publick money in the hands of the treasurer for the time being.
XX. And b^ it further enacted, That where the w are- Proprietors houses are already built at any of the places herein be- j"^ ^^^\ \\ fore mentioned and appointed for keeping the same, ict them to and are now made use of as and for pablick warehouses, Inspectors. the proprietors and owners of such warehouses shall be, and they are hereby obliged to let the sarue to the in- spectors, during the continuance of this act, at the rent hereby established for such warehouses respectively, and if any proprietor or owner shall refuse so to do, be shall forfeit and pay one hundred pounds. And where ware- houses are not already built at any of the places afore- said, or where any new warehouses shall be hereafter appointed to be kept at any other place, it shali and Owners of may be lawful for the justices of the court of that coun- Lands where ty wherein such place is or shall be, and they are here- ''''•■I'^s'^ouses by required, at the next court to be held for their coun- built to be ty after the commencement of this act, to order and di- summoned rect so many strong, close, and substantial houses, se- ^^i,^^^^'^^^ cured with strong doors hung on iron hinges, and with ^viii build or strong locks or bolts, as will contain sufficient room for not; and if no one half of the number of hogsheads which in their ^^r^°" ^^^^ opinion will be brought to the same; and one brick tices to doit, square or funnel six feet high at least, and four feet di- ameter; with a proper arch at the bottom of the same, for burning all tobacco refused at such warehouses, and such wharfs and other conveniences as shall be necessa- ry, and shall cause the owner or proprietor of the land whereon such warehouses are appointed to be kept, and if such owner or proprietor be under age, feme covert, or out of the country, then the guardian, husband, or known attorney or agent (as the case is) of such owner or proprietor, to be summonned to appear before them at the next succeeding county court after such summons shall issue, there to declare whether they will undertake to erect and build such houses, funnel, wharfs, and other conveniences, and let the same to the inspectors appoint- ed to attend at such wareliouses at the rent settled by this act, or which shall be hereafter settled for the same; and in case such owner, guardian, husband, knowij L— Vol. e.
82 i^AWS OF VIRGINIA,
attorney, or agent, will undertake the same, then tlie said court shall, and they are hereby required to take bond, with one sufficient security, in a reasonable pe- nalty, payable to iiis majesty, his heirs, and successours, with a condition for the due performance of such un- dertaking; and if such owner, guardian, husband, known attorney, or agent, shall refuse to undertake the same, or to give such bond as aforesaid, then it shall and may be lawful for the said justices, and they are hereby required, to value an acre of the said land, and to pay or tender to the proprietor, his or her guardian, husband, known attorney, or agent, the value thereof, which shall be repaid to the said justices Ijy the pub- lick, and from thenceforth the justices of the said coun- ty for the time being shall be seized in fee, of the said land, in trust, and for the use of the publick, during the time the said place shall be made use of for a publick warehouse; and the said justices shall agree with some person or persons to erect and build thereon such houses, funnel, wharfs, and other conveniences as here- in is before directed, and shall certify the charge there- of to the treasurer of this colony for the time being, who is hereby directed and required to pay the same out of the publick money in his hands arising from the inspec- tion of tobacco, and shall and may take and receive of the inspectors the rent established at such warehouse for re- imburiing the publick the charge of such buildings, until the same shall be satisfied and repaid. And where the justices of any county court, or any other person or persons, have already built warehouses upon the lands of another person by virtue or in pursuance of the laws now in force, the said justices, or other person or per- sons, shall in like manner be seized in fee of the acre of land upon which such warehouses are built, so long as the said places respectively shall be made use of for publick warehouses; but if an}^ of the warehouses which
Warehouses ^^'^ ^^' ^^^^^^ ^^ ^"^^^ '^^' ^^^^ publick, the justices, or other tire disccn. persons, shall hereafter be discontinued, the proprietor tiimcd. cf tip land returning the price paid for the same shall
be fr^ai thenceforth seized of his former estate. Inspectors to XXI. ,^.nd be it further enacted, by the authority afore- Liy^ yc-i.r y ^^^^ That the insoectors at the several warehouses shall. County at tr.e court to be held for their respective counties ni
Coarts an ex- the month of September, yearly, or at the next succeed- ;ict account j^, co'iit, produce and render into court an exact ac- or of i!«gs- comit under thdr hands of the number of hogsheads ot
OCTOBER 1765— 5tli GEORGE III.
83
tobacco inspected at their respective warehouses the heads m- preceeding year, and of the condition of the warhouses thein^^and under their charge, and the quantity of tobacco tliey thereupon are capable of jcontaining; and thereupon such court, if suck court they shall not be satisfied that the warehouses already J^^'^j.epalring built at any of the said inspections are properly secured, t^g old, and and contain sufficient room for one half of the number of building- new hogsheads mentioned in such account to be conveniently ^'^rehouses. stowed, shall enter an order that the owner or proprie- tor of such warehouses shall, within such reasonable time as the said court shall think fit to allow, repair and make close the warehouses already built, and secure the same with strong doors hung on iron hinges, and with strong locks or bolts, and that such owner or pro- prietor shall also, before the first day of April in the en- suing year, erect, build, and completely finish, such and so many other strong, close, and substantial houses, as, with the other houses already built, shall be sufficient, in the opinion of such court, conveniently to contain one half of the quantity of tobacco mentioned in such inspectors account, and secure the same in the manner herein before directed; a copy of which order shall be served on such owner or proprietor, or his or her guar- dian, husband, attorney, or agent, as the case shall be; And if such owner or proprietor, his or her guardian, husband, attorne}^, or agent, shall fail to appear at the next succeeding court after such notice, and enter into bond with sufficient security in a reasonable penalty, payable to his majesty, his heirs, and successours, with a condition for the due perfoi-mance of the same, then it shall and may be lawful for the said com*t, and they are hereby required, to cause such repairs and houses to be made and built as aforesaid, and shall cevdfy the charge thereof to the treasurer of this colony for the ,
time being, who is hereby directed and required to pay the same out of the publick money in his hands arising from the inspection of tobacco, and shall take and re- ceive of the inspectors a proportion of the rents esta- blished at such warehouse for reimbursing the publick the charge of such buildings and repairs, which pro- portion shall be settled by the courts, and by them cer- tified to the said treasurer; but if there shall appear to be an immediate occasion to hire houses before others can be built as aforesaid, the rent of such houses shall be paid by the publick, without any charge upon the landlord.
B'h LAWS OF VIRGINIA,
VVhere two XXII. Provided, That whei-e two or more inspec- sDectio^s'"' ^^^^^ ^-^^ established in one county, within the distance in one conn- of one mile, and it shall be necessary to build more ty.within the houses at any of them, the court shall direct the build- cLstanct of a jjjg, gy^jj additional houses at such of the said inspec- may 'be built ^io^is as to them shall seem most proper; and if there at either. shall be in the whole sufficient house room, according to the directions of this act, for one half of the tobacco brought to such inspections, the court shall not direct the building any other houses at any of them. Penalty on XXIII. And be it further enacted, by the authority county aforesaid, That if any county court shall fail or refuse
to do their duty in directing such liouses, funnels, wharfs, and other necessary conveniences, at the places esta- blished by this act for erecting new warehouses, or such additional buildings and repairs at the places where houses are already built, and causing the same to be built or made according to the direction", of this act, every justice so failing or refusing shall forfeit and pay ten pounds; to be recovered in the general court, with costs, by action of debt or information, against such justices jointly. Justices riot XXIV. Provided always, That nothing herein con- *^" ^T^^^a'^^gf ^ tained shall be construed to give power to the said jits- ' ' tices to take away the houses, orclsards, or other imme- diate conveniences of any proprietor of land, for the Inspectors uses or purposes aforesaid; nor to the said inspectors to not to keep keep any horses, cattle, or hogs, at any of the said pub- hogs but m jjp}^ warehouses, except in enclosures upon the land ap- belono-in-T to poi'^ted lor such warehouses; and if any swine belong- the ware- ing to the said inspectors, or any of them, shall be found houses. at large upon the land appropriated for such warehouses,
or the lands acljoining thereto, it shall and may be law- ful for the proprietors of the said lauds to kill, or cause to be killed or destroyed, all such swine. Where a XX V, Provided also, That where any warehouses maTbe re- ^^^^'^ been, or shall be built, by the justices or other per- stored to his son as aforesaid, and the Hrst proprietor of the land shall former es- desire to have the same again, such proprietor, upon ^■^^^- payment of so much money as shall be sufricient to re-
imburse the said justices or other person the principal money expended for the purchase of the land and the building such warehouses, with lawful interest, deduct- ing the rents received by the said justices or other per- son, shall be restored to hi^ former estate in the land v/hereon such warehouses are{ built, and shall receive the rents afterwards growing due for such warehouses.
OCTOBER 1765— 5th GEORGE III. 85
XXVI. Provided also, That if any proprietor, so as But if he fail* aforesaid restored to his estate, shall neglect or refuse ^"J'^P'^^^y^.^^ to repair and build such houses and wharfs as the court veited in the shall think necessary , the justices shall be again sei/.ed justices.
of the fee simple estate of sucii land, during the time such place shall be made use of for a publick warehouse; and such proprietor shall not have any benefit of the rents tliat shall thereafter become due.
XXVII. And be it further enacted, by the aM^/^on7y Justices may aforesaid. That on complaint made by the owner or ^yli<^»<^ ^^'"^
J ' ., , ^ , (• • 1 X • damages do
owners ox any oi the warehouses atoresaid, to any jus- not exceed tice of the peace of the county wherein such warehouses 40 3. give shall lie, against any person or persons, for breakine:, juclgmer.t
-^J r 1 .. *• c ;in-.iinst per-
tearing, or committmg any waste or destruction ol or ^^^^^^ commit-
in sucli warehouse or warehouses, it shall and may be tiTig waste lawful for such justice, and he is hereby empowered and ^^n the ware- required, to givejudgment, and award execution, against '^°'^^^^^- the bod}' or estate of such oflender, if found guilty, for all damages occasioned by such Ijroaking, tearing, waste, or destruction, provided such damages do not exceed the sum of two pounds, in his opinion; and If such damages shall exceed that sum, then it shall and may be lawful for such owner or owners to connncnce and prosecute his, her, or their action, at law, against any such offender, in any court of record witiiiu this icolony.
XXVin. And be it further enacted, by the authority _ , . Aforesaid, That there shall be kept at every one of the said warehouses herein before appointed, and at all others hereafter to be appointed, a good and sufficient pair of scales, with weights to weigh fifteen hundred pounds at the least, and a set of small weiglits, the same that are or ought to be provided for the standard Aveights of each county; and where such scales and v/cights are not already provided, or now arc or shall be hereafter worn out, or become unfit for use, the justices of the respective county courts wherein any of the said ware- houses are or shall be are hereb}- dn-ected and required to provide the same with all convenient tpetd, and the treasurer of this colony is hereby empowered and re- quired to pay the purchase money out of the publick money in his hands. And, moreover, the said justices are hereby required and directed, twice in every year at the least, to appoint one or more of their number to view the said scales, and examine and try the weights at the several warehouses, by tlie standard weights of
36 LAWS OF VIRGIOTA,
the county; and if the said scales and weishi? sliail want repairing, or the ^-lights be found deficient, or d.ti'eniig froivi the lawful standard, the said justices shall cause the same to be repaired and amended, and the weights made conlormable to the standard; and if the justice or justices so appointed shall refuse or neglect to do the same, the justice or justices so refusing shall forfeit and pay the sura of tu'ent>/ shilliDgs; and tJse charge of re- pairing and amending the said scales and weights, and also for removing the standard to the several warehous- es for trying the same, shall be paid by the inspectors respectively, and be again allowed to them in their ac- count with the treasurer. The manner XXIX. And be it enacted, by the autliority aforesaid^ of appoint- That all tobacco which shall be brought to any of the ingnispec- publick Avarehouses herein before mentioned shall be viewed, examined, and inspected, by two persons to be thercun/io appoiiited, wlio shall be called inspectors; which said inspectors shall be appointed in the manner following, that is to say: The courts of the several counties within this colony, wherein any of the public Avarehouses appointed by this act are established, shall and may, and they are hereby required, once in every year, and no oftener, at their respective county courts held in the months of August or September, or one of them, to nominate and recommend to the governour or commander in chief for the time being, for so many offices of inspection as are or shall be in their respective counties, four fit and able persons, reputed to be skilful in tobacco, for the execution of the office of inspectors; and where two wareiiouses under one and the same in- spection happen to lie in diiierent counties, in that case the courts of each county shall nominate and recom- mend two for such inspection, which nomination the said courts shall cause to be entered upon record; and the clerks of the said couris shall, and the}^ are hereby required, forthwith to transmit a certificate of the same to the secretary's ofrice: And out of the said four per- sons so nominated and recommended for each inspec- tion, the governour or commander in chief, with advice and consent of the council, shall and may choose and appoint two, to execute the office of inspectors at such inspection; and in default of such nomination and re- commendation by the county courts as aforesaid, the governour or commander in chief, with the like advice imd cons^eiit, shall and may appoint such persons as h^
October 1 765— 5th george Ul §7
siiall think fit to be inspectors at such inspection foi' winch no nomination or recommendation shall be made as afoi-esaid: And also, in case of the death, resignation, or removal, of any inspector, the governour or com- mander in chief shall and may appoint any person named in the last recommendation from the county court for that inspection where the vacancy shall happen to succeed him, until the next nomination and appoint- ment of inspectors; but if either of the persons named in such last recomme\ulatlon will not accept the said office, in that case the governour or commander in chief may appoint any other person lie shall think lit.
XXX. And be it further enacted, That besides the ^j^ additioa. two inspectors appointed as aforesaid, th.e governour or al inspector commander i)i chief for the time being, with the advice to be ap- and consent of the council, shall and may appoint one P°"*^^^^'
of the ether persons recommended with such inspectors to be an additional inspector at the warehonse for which lie shall be recommended, which additional inspector shall officiate as such only in cases of the disagreement in opinion of the other inspectors as tQ the cjuality of tobacco brought for their inspection, or where either of them shall through sickness or otherwise be absent from his duty, or shall bring his own tobacco to the ware- house whereof he is inspector to be viewed; and the said additional inspector shall be paid for the services he shall perform, by occasion of the absence of either of the other inspectors, out of the salary of such absenter, In proportion to the time he shall officiate.
XXXI. And be it further enacted. That if any in- ,t •
1 11 I c. . ' ' ^ ; T 1 NoinspeciDJ-
spector shall liereaiter accept, receive, or take, directly to take a re-
or indirectly, any fee, gratuity, service, or reward what- ward for re- soever, of any person, for resigning or giving up his signing- lus office of inspector, he shall not only be for ever disa- ° pen'altv on bled from holding tlie like office,, but for such offence the payer shiall forfeit and pay the sum of one hundred pounds; to ^^^^ receiver be recovered with costs, by action of debt, in any court of record within this dominion: And every person offer- uig and paying, directly or indirectly, any fee, service, gratuity, or reward whatsoever, to any inspector, to resign his said office, shall for the said offence be for ever disabled from holding the office of inspector with- in this colony.
XXXII. Provided always. That no justice of the No justice peace, being an inspector, or recommended to be an 3 "^ecfo^Y" inspector, shall have or be allowed tot vote in the nomi- vote in^tUe
S8 LAWS OF VIRGINIA,
recommen- nation and recommendation of persons to be inspector* dation ot in- ^g aforesaid; and tliat all inspectors who shall be in spec ors, ^yf^^.Q ^t the time of the commencement of tiiis act, up- on taking the oaths hereby required at their next coun- ty court, shall continue to act, without new commis- sions, until the next nomination of inspectors at their respective warehouses: And where they, or any person once recommended as aforesaid, and executing the office of inspector in pursuance of such recommendation, shall be again recommended the next succeeding year, the i(ame shall be a sufficie}it appointment to him to con- tinue in the said office for another year, without any new commission; and so from year to year, so long as he shall be so recommended as aforesaid. faispectots to XXXIII. Provided always, That every person ap- give bond, pointed or to be appointed an inspector by virtue of -t-ith '^ ^ ^'^^^ ^^^' shall, before he enters upon the execution of the said office, enter into bond, with good security, in the penalty of five hundred pounds, payable to his ma- jesty, his heirs, and successours, with condition for the true and faithful performance of his duty, according to the directions of this act; and shall also take tiie follow- ing oath, that is to say: The form of You shall swear that you will diligently and carefully le oa 1. view and examine all tobacco brought to any publick warehouse or warehouses where you are appointed to be inspector, and that not separately and apart from your fellow, but in his presence; and that you will not receive any tobacco that is not in your judgment sound, well conditioned, merchantable, and clear of trash; nor receive, pass, or stamp any tobacco, hogshead, or cask of tobacco, prohibited by one act of assembly, entitled An act for amending the staple of tobacco, and pre- venting frauds in his majesty's customs; antl that you will not change, alter, or give out any tobacco, other dian such hogsheads or casks for which the receipt to be taken was given; but that you will in all things well and faithfully discharge your duty in the office of an inspecior according to the best of your skill and judg- ment, and according to the direcdons of the said act^ without fear, favour, affection, raalice, or partiality.
So help you God.
lo produce Which oath sltall and may be faken before the gover-
of the same, uour or commander in chief of this colony for the time
being, or before the general court, or in the coiu't of
th(! county wherein such inspector shall reside, or the
OCTOBER 1765— 5th GEORGE III. 89
warehouses at which he shall be inspector shall stand. But before any inspector shall enter upon the execution of his office, he shall produce a certificate if sworn be- fore the governour or general court, as the case may be, of his taking such oath, which certificate shall be lodged with the clerk of the county where such inspec- tion shall be; and if any person shall presume to exe- cute the office of inspector before he has given such .^ bond, and taken such oath as aforesaid, he shall forfeit |! and pay five hundred pounds.
XXXIV. And he it further enacted, That all inspec- The times tors to be appointed by virtue of this act shall constant- themspec- ly attend their duty at the warehouse or warehouses un- ji°[^n^^ der their charge from the first day of October to the tenth day of August yearly (except Sundays, and the holy days observed at Christmas, Easter, and Whitsun- tide, or when hindered by sickness) and afterwards they, or one of them, shall constantly attend at the same (except Sundays) to deliver out tobacco for ex- portation, until all the tobacco remaining there the said tenth day of August shall be so delivered; but no to- bacco shall be viewed between the said tenth day of August and the first day of October, except such as re- mained in the warehouse on the said tenth day of Au- gust: And every inspector neglecting to attend as afore- ■ said shall forfeit and pay to the party grieved five shil- lings for every neglect, or shall be liable to the action upon the case of the said party grieved, to recover all such damages which he or she shall have sustained by occasion of any such neglect, together with his or her full costs, at the election of such part}^ And all in- -^y^^ hoe-si spectors shall uncase and break every hog^shead and head to be cask of tobacco brought to them to be inspected as afore- uncased, said; and if they shall agree that the same is good, sound, v"e^ej°'^^^ well conditioned, m.erchantable, and clear oi trash, then stamped, such tobacco shall be weighed in scales, with weights of the lawful standard, and the hogshead or cask shall be stamped in the presence of the said inspectors, or one of them, with the name of the vvarehouse at which the tobacco therein contained shall be viewed and in- spected as aforesaid, and also the tare of the hogshead or cask, and quantity of neat tobacco therein contain- ed: But if the said two inspectors shall at any time dis- Where the agree concerning the quality of any tobacco brought ^"^^ inspect- for their inspection to any warehouse under their charge, ^^^ «ffree, they shall, as soon as conveniently may be, call in tJie M— Vol. 8v
90 LAWS OF VIRGINIA,
additional inspector appointed to attend such warehouse^ who shall determine the difference, and pass or reject such tobacco; and if he shall pass the same, his name shall be entered in the book kept by the inspectors op- posite to the mark, weight, and number, of the hogs- head by him passed, together with the name of the in- spector at such warehouse who shall officiate with him. Inspectors to XXXV. And he it further enacted, That if any to- celnts^' bacco shall be brought to any of the said warehouses for the discharge of any publick or private debt or con- tract, the said inspectors, or one of them, after they have viewed, examined, and weighed the said tobacco, ac- cording to the directions of this act, shall be obliged to deliver to the person bringing the same as many re- ceipts under the hands of the said inspectors as shall be required, for the full quantity of tobacco received by them, in which shall be expressed whether the tobacco so received be sweet-scented or Oroonoko, stemmed or leaf, which receipts shall be in the form following, to wit: The form of River number warehouse, the
such re- jj^y of 17 received of pounds of
pounds of transfer tobacco, to be deliver-
ed on demand to him or his order, according to the di- rections of the act of assembly, for amending the staple of tobacco, and preventing frauds in his majesty's cus- Where such toms, witness our hands. Shall bear dale the day the payable. ^ tobacco for which the same is given shall be viewed and passed, and shall and are hereby declared to be current in all tol>acco payments, according to the species ex- pressed in the receipt within the county wherein such inspectors shall officiate, and in any other comity next adjacent thereto, and not separate therefrom by any of the great rivers or bay herein after mentioned, that is to say: James river, below the mouth of Appamattox; York, below West Point; Rappahannock river, below Taliaferro's mount; or by the great bay of Chesapeak; and shall be transferable from one to another in all such payments (except as herein is excepted) and shall be paid and satisfied by the inspector or inspectors who signed the same, upon demand; and for every hogshead of tobacco l)rougl!t to any publick warehouse, for the discharge of any public or private debt, in good cask, of such dimensions as herein after expressed, tlierc shall ])e allowed by the inspector thereof to tlie person bring- J!ig the same after the rate of four pounds of tobacco for
OCTOBER 1 765— 5th GEORGE III. 9 i
every hundred pounds the tobacco therein contained shall weigh, after the same shall be viewed and passed, so as such allowance does not exceed thirty pounds of tobacco for each hogshead: And the said inspectors shall, and they are hereby obliged, to make every hogs- head by them paid away in discharge of any receipt by them given as aforesaid to contain nine hundred and fifty pounds of neat tobacco at the least; and for every such hogshead of tobacco by them paid away, well lined and nailed, fit for shipping, there shall be paid by the person receiving such hogshead five shillings for in- specting, and eight pence for nails, which said sum of eight pence the said inspectors shall and may retain in their liunds for their own use, to reimburse them the ex- pense of providing nails. And the person demanding or receiving tobacco in discharge of receipts as afore- said shall allow to the inspectors thirty pounds of to- bacco for each hogshead so received, for the cask, and two pounds of tobacco for every hundred pounds of to- bacco contained in such receipts, and so proportionably for a greater or lesser quantity, tbr shrinkage and wast- ing, if the said tobacco be paid within two months after the date of the receipt given for the same, and one pound of tobacco for every hundred, for every month the same •shall be unpaid after the said allowance, so as siich al- lowance for shrinkage and wasting do not exceed in the whole six pounds of tobacco for every hundred. And if any inspector, or inspectors, by whom any sucli receipts for tobacco as aforesaid shall be signed, shall refuse or delay to pay and satisfy the same when de- manded, every inspector so refusing or delaying shall forfeit and pay to the party injured double the value of the tobacco so refused or delayed to be paid; to be re- covered, with costs, in any court of record within this dominion, if the receipt or receipts so refused or delay- ed to be paid exceed two hundred pounds of tobacco, and if the said receipt or receipts do not exceed two hundred pounds of tobacco, the double value aforesaid shall and may be recovered before any justice of the peace of the county wherein the warehouse shall be, at which the receipt or receipts ought to be paid.
XXXVl. And he it further enacted, by the authority Receipt* to aforesaid, That all tobacco brought to any of the said be g-iven ex- warehouses in hogsheads or cask to be exported, on ac- Pfessingthe count and for the use of the owner thereof, after the bacco, same shall have been viewed, examined and weighed,
9a
LAWS OF VIRGINIA,
and found to be good, shall be stamped as herein before directed; and the said inspectors, or one of them, shall deliver to the person bringing the same as many re- ceipts, signed as aforesaid, as shall be required for the number of hogsheads so brought and stamped, in which shall be expressed whether the tobacco so received be sweet-scented or Oroonoko, stemmed or leaf; or wheth- er the same is tied up in bundles or not, and whei'e any hogshead hath part leaf and part stemmed shall signify the same at the bottom of such receipt, and they shall not mix stemmed and leaf tobacco in any hogshead . which they shall prize and pay away in discharge of Tliree shil- ji^gjj. transfer receipts: And for every hogshead and paid the in- cask brought to any of the said warehouses to be ex- spectorsfor ported, on account and for the use of the owners there- each hogs- Qf t}jgj.g shall be paid to the inspectors there attendino:
Q.C9-C1 Viewed • •!• *•• •• ^
three shnlings, tor viewnig, examining, and stamping the same, and the ov^ners of the said tobacco shall find and provide nails for the nailing thereof; and if any in- spector or inspectors shall alter, change, or deliver out, any hogshead or cask of tobacco, other than the hogs- head or cask for which the receipt for crop tobacco to be taken in was by him or them given, or shall alter or change any such tobacco, although no such receipt shall have been given, sucli inspector or inspectors shall forfeit and pay fifty pounds for every hogshead or cask so altered, changed, or delivered out. And all inspectors shall, and they are hereby obliged, if required, to take in any re- ceipt or receipts by them given for crop tobacco, and - after having weighed such tobacco to give transfer re- ceipts for the same, with an allowance of four per cent, for the cask, so as such allowance does not exceed thir- ty pounds of tobacco for every cask; provided that sucli hogshead shall contain at least nine hundred and fifty pounds of neat tobacco, and not mixed leaf and stemmed. XXXVII. And be it further enacted. That during the continuance of this act no tender ot' any debt or du- Tender after ty payable in tobacco shall be accounted lavvful unless 12 months, payment of the same be tendered in inspectors receipts,
within twelve months after the date ot' sucli receipts. The Manner XXXVIII. And for restraining thq undue practice of packing of mixing trash with stemmed tobacco, and preventing Stemmed jjjg packing tobacco in unsizable casks, Be it enacted and the Size ttJidj^^cittred, That all stemmed tobacco not laid straight, of Hogs- whether the same be packed loose or in bundles, shall beads. \yQ accounted unlawful tobacco; and that no tobacco
Inspectors lleceipta n a lawful
OCTOBER 1765— 5th GEORGE III. 93
packed in hogsheads which exceed eight and forty inch- es in the length of the stave, or thirty inches at the head, within the crow, making reasonable allowance for pric- ing (which allowance shall not e>:ceed two inches above the gauge in the prizing head) shall be passed or re- ceived; but the owner of such tobacco, packed in casks of greater dimensions than before expressed, shall be obliged to repack the same in sizable casks, at his own costs and charge, before the same shall be received and stamped by the said inspectoi's.
XXXIX. Jlnd be it further enacted, That when any Refusal To- tobacco shall be brought to any of the publick ware- bacco to be houses, and refused by the inspectors there officiating, '^-^cllldhy^^ the same shall be immediately burnt by them, unless tlie Owner the owner or person bringing such tobacco desires to within a sort and separate the same, and to pick out such as is ^^'^'"^i- bad; in which case the inspectors shall permit the same to be done, at the warehouse to which the said tobacco shall be brought, without fee or reward; but shall not, on any pretence, suffer the said tobacco to be removed or carried from the said warehouse. And the said in- spectors shall allow one month Ibr separating and pick- ing such tobacco; after which time, if the same be not done, it shall be lawful for them to burn the whole, ex- cept where the tobacco is in a sweat, or where the cir- cumstances or accidents of weather may have prevented the handling of it, in which case the iui-pectors shall allow such further time as they shall think reasonable. And where any tobacco shall be separated and picked as aforesaid, the trasli and bad tobacco shall be burnt by the inspectors on the same day it is picked out, in the brick funnel erected or to be erected at such ware- house, under the penalty of forfeiting ten shilling:-: for every failure to the informer, recoverable before any justice of the county wherein the warehouse lies. And if any tobacco packed in cask by an overseer, or the hands under his care, shall be burnt by the said inspec- tors, by reason of its being bad, unsound, or not in good condition, the overseer Avho had the care of mak- ing and packing the same shall bear the loss of the to- bacco so burnt, and make satisfaction for the same out of his share of the crop, or otherwise; and the inspectors shall be obhged to keep an account of all tobacco so bnrnt. ^
XL. And be it further enacted. That the owner of ^v i- '"^
r • .,,.,, Owners oi
any transier receipts may, at any time beiore the sale transfer 'c-
04j LAWS OF VIRGINIA,
ceipta may of the tobacco contained in such transfer receipts, a« receive and j,j.j.g]jj ^fj^.^. jg directed, receive and mark hoasheads of mark hogs- • r • • • i i ^
heads of to- tobacco tor satisiymg sucn receipt;;; and the nispectors
bacco for sa- shall take in their former receipts, and deliver crop re- *'sfying- such ceipts for such hocrsb.eads, and shall be answerable for the safe keeping thereof, in the same manner as they are for crop tobacco; but the person receiving such hogsheads shall pa}' to the inspectors five shillings and eight pence for the inspection and nails for every hogs- head, that is to say, two shillings and eight pence down, and three shillings when the tobacco shall be deMvcred. Inspectors to And the inspectors shall, at the court held for their lay an ac- county in the montli of September yearly, or if there fiansfttP re- '-^^ "° court in that month, then at the next court held ceipts before for their county, lay before the court an account, upon the county oath, of all the transfer receipts that were not by them court yearly. tJ^J^g^ jj^ ^^^^ received before the time of sale herein be- fore mentioned, and after such account exhibited, and oath made, shall sell the tobacco in such receipts con- tained, deducting the allowance for shrinkage and wast- ing, at public auction, at the door of the court-house, between the hours of twelve and two; and the inspec- tors shall pay the money arising by such sale, in satis- faction of their receipts, from time to time, to the pro- prietors thereof making their demand, under the same penalty as is inflicted for not paying inspectors receipts: And all inspectors shall keep a just and true account oi" the tobacco gained or saved upon the allowance made for cask or for shrinkage of transfer tobacco, cr other- wise; and if any tobacco shall be so gained or saved shall exhibit an account thereof upon oath, in the same manner as is before directed concerning transfer tobac- co not received; and shall also sell the tobacco so gain- ed and saved, in the same manner as is directed for the sale of transfer tobacco; and shall account for the mo- ney arising by such sale to the treasurer of this colony for the time being, in their next account with him; and the said treasurer shall account for the same to the ge- neral assembly; and no insjiector shall convert any to- bacco so gained or saved to his own use. To settle XLI. And be it further enacted, by the authority afore^ with the gfiifi Xhat all inspectors shall annually, before the tenth treasurcrfhe i /- /-. ■ • ^ •*! ^i ^
tenth of Oc- ^^^J of October in every year, account with the treasur-
!obcr yearly, er of this colony, upon oath, for all monies received, or which ought to be received by them, by virtue of this a.rt ("except the money paid for nails) for every hogs-
OCTOBER 1765— 5th GEORGE III. 95
head of transfer tobacco; in which account they shall be allowed their salaries, the rents of the warehouses, and all other necessary disbursements, in pursuance of this act.
XLIL And he it furiher enacted, by the authority No inspec- afoi-esaid, That no person taking upon himself the of- tor to be a fice of inspector shall, during his continuance in that of- [ht^lio^use of lice, or within two years after he shall be out of his said burgesses, or office, be capable of being elected a member of the house collector, or of burgesses, or shall presume to intermeddle or con- ^qj^j^c^jo* ^"^ cern himself with any election of a burgess or burgesses, otherwise than by giving his vote, or shall endeavour to influence any person or persons to give his or their vote, under tlie penalty of fifty pounds for every ofience; neither shall any inspector, during his continuance in that office, be, or undertake to be, collector of his ma- jesty's quitrents, or any pubhck county or parish levies, or of any officers fees; nor shall directly or indirectly, for himself or any otiier person, buy or receive, by way of barter, loan, or exchange, any tobacco whatsoever, under the penalty of forfeiting twenty shillings for eve- ry hundred pounds of tobacco so bought or received.
XLIII. Provided always, That nothing herein con- He may re- tained shall be construed to hinder any inspector from ^^"'c l"s
, • rents in to-
receiving his rents in tobacco; v/hich shall be first view- bacco.
ed examined, and stamped, according to the directions of this act.
XLIV. And for the further and better direction of Not to take the inspectors aforesaid in their duty. Be it enacted, ^^'*y^^^"^^'^' That no inspector shall take, accept, or receive, directly ^jian his^'^^ or indirectly, any gratuity, fee, or reward, for any thing salary. by him to be done in pursuance of this act, other than his salary, and the other payments and allowances here- ^.i'
in before mentioned and expressed: And if any in- ;;fl':
specter shall take, accept, or receive, any such gratuity, <-ili^
fee, or reward, such inspector, being thereof convicted, '''>.-''^
shall forfeit and pay fifty pounds current mone>'; to be * '
recovered, with costs, by any person or persons Avho shall inform or sue for the same, by action of debt, bill, plaint or information, in any court of record within this dominion; and, moreover, shall be disabled from hold- ing the place or office of an inspector during the contin- . uance of this act. And if any person or persons shall '^ otler any bribe, reward, or gratuity, to any inspector, v for any thing by him to be done in pursuance of this actj other than the fees and allowances herein before men- *1
Wh^
96 LAWS OF VIRGINIA,
tioned and appointed, even' person so offending', and being thei-eof convicted, shall, for every such offence, forfeit and pay the sura of ten pounds current mo- ney; to be recovered in any court of record within this dominioi:, one half of which said forfeiture shall be to our sovereign lord the king, to and for the use of such inspector refusing such bribe or reward, and the other half to the person or persons who will inform or sue for the same. Viev/ers. XLV. Jlnd be it fwther enacted, That when any
person shall be entitled to receive a hogshead of tobac- co by virtue of any inspectors receipts, the inspectors shall be obliged to open the hogshead and show such tobacco to the person demanding the same, if required; and if such person shall refuse to accept of the tobacco offered or tendered in payment, as bad, unsound, and luimerchantable, such person so refusing shall make immediate application to any three justices, not being merchants or practitioners in physick, near to the ware- house v/here the tobacco so refused shall be offered or tendered in payment, vv'ho are no wise related to the parties, nor concerned in interest; and the said justices shall take an oath before some other justice of the said county (which oath such justice is hereby required to administer) carefully to view and examine the said to- bacco, and to the best of their skill and judgment not to pass any tobacco that is not sound, well conditioned, merchantable, and clear of trash, according to the di- rections of this act, and that they v/ill therein do their duty according to their judgment and conscience, with- out fear, favour, malice, or partiality; which said three justices so sworn are hereby directed, empowered, and required, upon such application, to repair to the ware- house, and caiefully view and examine the same; and if they all shall adjudge the tobacco so tendered in pay- ment to be I)ad, unsound, or unmerchantable, to cause the same to be immediately burnt; and the said three justices shrdl be paid for their trouble by the inspectors who ofiered the same in payineiU, five shillings each; and n the said justices, or any two of them, shall not adjudge the said tobacco so tendered or offered in pay- ment to be bad, unsound, and unmerchantable, accord- ing to the directions of this act, the said justices shall be paid five sliillings each by the party desiring such view. And when any tobacco shall be tendered or of- fered in payment by any inspectors and refused, the
OCTOBER 1765— 5th GEORGE III. 97
said inspectors shall not be at liberty to tender or offer in payment, nor the person demanding the same to re- ceive, any tobacco in lieu thereof, but the person refus- ing shall immediately mark the same; and if any in- spector shall offer or tender in payment any tobacco in