FEBRUARY 1759−−32d GEORGE II. CHAP. I. An Act for granting an aid to his majesty, for the better protection and defence of this colony, and for other purposes therein mentioned.

FEBRUARY 1759−−32d GEORGE II.

CHAP. I.

 

An Act for granting an aid to his majesty, for the better protection and defence of this colony, and for other purposes therein mentioned.

 

I. WHEREAS it is necessary, for the defence and protection of the frontiers of this colony, that the regiment in the pay of this colony be compleated: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said regiment shall be compleated to one thousand private men, including that part of the said regiment now in garison at Pittsburg; and shall consist of ten companies, under the command of a colonel, lieutenant-colonel, major, seven captains, twenty lieutenants, and ten ensigns; and there shall be allowed the said forces a chaplain, pay-master, adjutant, quarter-master, one surgeon, and three surgeon's mates. And for defraying the expence of recruiting, clothing, victualling, and subsisting of the said forces, until the first day of December next, Be it further enacted, That John Robinson, esquire, treasurer of this colony, or the treasurer for the time being, appointed by or pursuant to an act of assembly, out of the public money that shall come to his hands by virtue of this act, shall pay to such person or persons as shall be directed, by warrant from the governor or commander in chief of this colony for the time being, so much money as will be necessary for the purposes aforesaid, so that the sums so to be paid do not exceed in the whole the sum of twenty-eight thousand pounds, to be accounted for to the general assembly.

 

II. And whereas it may be for his majesty's service, as well as for the benefit and security of this colony, that the said regiment be employed offensively against the enemy on this continent: Be it further enacted, by the authority aforesaid, That the governor or commander in chief for the time being if he shall think it convenient or necessary, may order and direct the said regiment to march out of this colony to join any of his majesty's forces, and be employed as the commander in chief of his majesty's forces on this continent shall appoint and direct.

 

III. And whereas it may be of dangerous consequence to leave the frontiers of this colony exposed to incursions of the enemy during the time the said regiment may be employed in such offensive operations: Be it further enacted, by the authority aforesaid, That an additional number of five hundred men shall be raised, to be divided into five companies, under the command of a lieutenant-colonel, four captains, ten lieutenants, and five ensigns; and employed for the protection of the subjects on the said frontiers, as the governor or commander in chief shall from time to time direct; and shall not be incorporated with the regiment aforesaid, joined with the king's forces, employed to garison Pittsburg, or sent out of this colony upon any pretence whatsoever.

 

IV. And for the more speedy raising the said men, Be it enacted by the authority aforesaid, That it shall and shall and may be lawful to and for the officers appointed for that purpose, by the governor or commander in chief, to enlist so many men, willing to enter into the said service, as are required to be raised by this act; and every person so enlisting into the said regiment shall receive from the officer enlisting him the sum of ten pounds; and every person enlisting in the other service aforesaid shall receive from the officer enlisting him the sum of five pounds; and every such officer shall be allowed, over and above the rewards so to be paid by him, all his necessary expences in the enlisting such persons and conveying them to the place of general rendevous.

 

V. And for defraying the expence of raising, clothing, subsisting, and victualling the said five hundred men, until the first day of December next: Be it further enacted, That the said John Robinson, or the treasurer for the time being, appointed as aforesaid, out of the money that shall come to his hands by virtue of this act, shall pay to such person or persons as shall be directed by warrant from the governor or commander in chief for the time being, so much money as shall be necessary for the purposes aforesaid, so as the sums so to be paid do not exceed in the whole the sum of sixteen thousand pounds, to be accounted for to the general assembly.

 

VI. And whereas it will be very troublesome to the governor or commander in chief to examine and settle the accounts of the several charges and expences of the said forces, Be it therefore enacted, by the authority aforesaid, That William Prentis, James Cocke, and Thomas Everard, gentlemen, shall be, and they are hereby appointed commissioners to examine, state and settle such accounts, relating to the expences of the said forces, as shall from time to time be referred to them by the governor or commander in chief for the time being; and each of the said commissioners shall be allowed for their trouble therein the sum of seventy-five pounds.

 

VII. And whereas there is not money sufficient in the hands of the treasurer to pay the book of claims, and the arrears due to the militia, and damages done by the Indians, a particular account of which arrears and damages hath been stated and settled by the committee of public claims: Be it therefore enacted, by the authority aforesaid, That the said treasurer, or the treasurer for the time being, appointed as aforesaid, shall, out of the money that shall come to his hands by virtue of this act, pay to the several persons named in the said account and book of claims the sums of money to which they are hereby respectively entitled.

 

VIII. And for raising the money hereby given and granted, Be it enacted, by the authority aforesaid, That a tax or duty of two shillings shall be paid for every tithable person in this colony, to the sheriff of the county where such person shall be enlisted, by the person enlisting the same, on or before the tenth day of April, one thousand seven hundred and sixty-five: And the further tax or duty of two shillings shall be paid, in like manner, for every such tithable person, on or before the tenth day of April, one thousand seven hundred and sixty-six: And the further tax or duty of four shillings shall be paid, in like manner, for every such tithable person, on or before the tenth day of April, one thousand seven hundred and sixty-seven; which said taxes or duties shall be paid, collected, and accounted for, in such manner and form, according to such rules, and under such penalties and forfeitures as are mentioned, prescribed, and appointed for the paying, collecting, and accounting for the tax or duty imposed on titheables, payable in the years one thousand seven hundred and sixty-one, and the three next following, by one act of assembly made in the thirty-first year of the reign of his present majesty, intituled, An act for granting an aid to his majesty, and for other purposes therein mentioned: And that every article, rule and clause contained in the said act, concerning the paying, collecting, and accounting for the duties thereby imposed in the said years one thousand seven hundred and sixty-one, and the three next following, shall be used, exercised, and put in practice for paying, collecting, and accounting for the taxes or duties hereby imposed, as if the like articles, rules and clauses were inserted in this act.

 

IX. And be it further enacted, by the authority aforesaid, That a duty of two shillings for every hogshead of tobacco, passed and delivered out at and from the several warehouses in this colony, between the twentieth day of October, one thousand seven hundred and sixty-four, and the twentieth day of October, one thousand seven hundred and sixty-seven, shall be paid by the owner or proprietor thereof, which said duty the several inspectors at the said warehouses shall , and they are hereby impowered and required to collect and receive, without fee or reward, of and from the said owners or proprietors, before they deliver such tobacco out of their respective warehouses, and shall be by them accounted for, upon oath, and paid to John Robinson, esquire, treasurer of this colony, or to the treasurer for the time being, appointed by or pursuant to an act of assembly, and shall be accounted for, together with the taxes on the tithables imposed by this act, by the said treasurer to the general assembly, after deducting two per centum for his salary in receiving and paying the same.

 

X. And whereas the taxes imposed by this act cannot be collected in time to answer the purposes hereby intended, Be it enacted, by the authority aforesaid, That it shall and may be lawful for the said treasurer, or the treasurer for the time being, appointed as aforesaid, so as the whole sum of such notes so to be issued shall not exceed the sum of fifty-two thousand pounds; which several notes shall be prepared, printed and engraved in such form, and after such method as the said treasurer shall judge will be most safe from counterfeits and forgeries: And two thousand of the said notes shall be of the value or denomination of five pounds; and shall be signed by Peyton Randolph, esquire, and Robert Carter Nicholas, gentleman: Two thousand of the said notes of the value or denomination of three pounds; and shall be signed by the said Peyton Randolph, and Robert Carter Nicholas: Two thousand of the said notes shall be of the value or denomination of two pounds; and shall be signed by the said Peyton Randolph, and Robert Carter Nicholas: Fifteen thousand of the said notes shall be of the value or denomination of twenty shillings; and shall be signed by Benjamin Waller and Philip Johnson, gentlemen: Fifteen thousand of the said notes of the value or denomination of ten shillings; and shall be signed by the said Benjamin Waller and Philip Johnson. Twenty thousand of the said notes of the value or denomination of five shillings; and shall be signed by John Randolph, esquire: Twenty thousand of the said notes of the value or denomination of two shillings and six-pence; and shall be signed by the said John Randolph; Seventeen thousand seven hundred and seventy-eight of the said notes of the value or denomination of one shilling and three pence; and shall be signed by George Braxton, gentleman: And seventeen thousand seven hundred and seventy-eight of the said notes of the value or denomination of one shilling; and shall be signed by the said George Braxton.

 

XI. And be it further enacted, by the authority aforesaid, That in case of the death or absence of any of them, the said Peyton Randolph, Robert Carter Nicholas, Benjamin Waller, Philip Johnson, John Randolph, or George Braxton, before all the treasury notes shall be signed which are hereby required to be signed by such person, in that case it shall and may be lawful for the said treasurer, or the treasurer for the time being, appointed as aforesaid, to appoint some other person to sign such notes in the room of him so dead or absent, which signing shall be as effectual to all intents and purposes as if such notes were signed by the persons herein named; and public notice of such alteration shall be given by the treasurer in the Virginia Gazette for three weeks after such alteration shall take place.

 

XII. And be it further enacted, That John Palmer and George Davenport, gentleman, shall and they are hereby appointed to overlook the press during the time of printing the notes to be issued pursuant to this act, who shall use the best of their care, attention and diligence that the number and amount of the said notes, according to their respective denominations aforesaid, be not exceeded, nor any fraudulent practice used by the printer, his servants, or any person concerned therein; and shall number and deliver such notes, when printed, to the persons appointed to sign the same, respectively, taking his or their receipt for the same, from time to time; and that each of them shall have for their trouble therein the sum of fifty pounds, to be paid them by the treasurer for the time being. And the persons so appointed to sign the said notes shall deliver them, when signed, to the treasurer for the time being, appointed as aforesaid, and take his receipt for the same; and every signer shall receive of the said treasurer twenty shillings for every thousand of the said notes by them respectively signed and delivered as aforesaid, and the said treasurer shall be allowed half per centum upon all the said notes by him paid away as his salary for paying the same.

 

XIII. And be it further enacted, That all notes to be issued in pursuance of this act, shall be redeemable on the twentieth day of April, one thousand seven hundred and sixty-eight, and shall then be paid by the treasurer for the time being; and further, that all such notes shall be received, and pass as a lawful tender, in payment of any debt, duty or demand, whatsoever (except for the payment of his majesty's quit-rents) from the time of issuing such notes, until the time before specified for the redemption thereof at the treasury, as aforesaid: And if any person or persons within this colony shall, during the time the said treasury notes are to remain current as aforesaid, offer to sell or expose to sale any goods or chattels, lands or tenements, whatsoever, and shall deny or refuse to sell the same, or demand a greater price, unless he be paid for the same in gold or silver coin, and not in the said notes; or if any person or persons shall exchange gold or silver coin for the said bills, and demand or take any allowance for the difference of the value thereof, or shall offer to buy or sell bills of exchange at a greater or higher difference of exchange for the said treasury bills than for gold or silver coin, or shall use any other device, means, or method whatsoever, whereby the credit of the said notes may be impaired, every person so offending shall forfeit and pay after the rate of twenty per centum upon the value of the goods or chattels, lands or tenements, so offered or exposed to sale, or of the money so exchanged, or of the bills of exchange so bought or sold, to be recovered by the informer, to his own use, before a justice of the peace, where the penalty does not amount to more than twenty-five shillings; and where it shall exceed that sum, the said penalty shall be one half to our lord the king, for the publick use, and to be paid to the treasurer aforesaid for the time being, appointed as aforsaid, and disposed of as the general assembly shall direct, and the other half to the informer, and shall and may be recovered with costs, by action of debt or information, in any court of record within this colony.

 

XIV. And be it further enacted, by the authority aforesaid, That if any person or persons shall forge or counterfeit, alter or eraze, any such treasury note, or shall tender in payment, by way of barter or otherwise, to any person whatsoever, or shall demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erazed, every such person so offending, if lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy.

 

XV. And be it further enacted, That the money to be raised by the duties and taxes imposed by this act, shall stand, be and remain, as a security for the redemption of the said treasury notes, so to be issued; and the said treasurer, or the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money as shall come to his hands, by virtue of this act, for and towards the redemption of the said treasury notes, and to no other use, intent or purpose, whatsoever.

 

XVI. And be it further enacted, by the authority aforesaid, That John Robinson, esquire, treasurer of this colony, shall give such further security as shall be approved of by the governor or commander in chief of this colony, in the sum of forty thousand pounds , for the due answering and paying all the money by him received from time to time, and for the due and faithful performance of his said office; and in case of his death, resignation or disability, the treasurer to be appointed in his stead shall in like manner give such further security before he enters in to his said office.

 

XVII. And whereas the several county court clerks within this colony are by law directed to transmit to the treasurer of this colony a copy of the list of wheel-carriages in their respective counties, as delivered to them by the several proprietors thereof yearly, and the several clerks of the county courts within the territory of the rignt honorable Thomas Lord Fairfax, are also directed to transmit to the said treasurer a true account of the several quantities of land held by every proprietor of land within the said territory, as delivered to them by the said proprietors; and also, that the said clerks should deliver to the sheriffs of their respective counties, copies of the said lists and accounts, which hath been greatly neglected by many of the said clerks, whereby the collection of the said taxes hath been much hindered, and the treasurer often unable to settle with the sheriffs for the same.

 

XVIII. Be it therefore enacted, by the authority aforesaid, That if any county court clerk shall neglect or fail to transmit to John Robinson, esquire, Treasurer, or to the treasurer for the time being, appointed by or pursuant to an act of Assembly, or deliver to the sheriffs of their respective counties true copies of the list of wheel-carriages, and an account of the quantities of land in their several counties, within the time and according to the directions of the several laws now in force relating to the taxes on wheel-carriages, and on lands within the territory aforesaid, every such clerk shall forfeit the sum of one hundred pounds to our lord the king, which shall be recovered upon a motion made by the treasurer to the general-court, or court of the county whereof he is clerk, and paid to the said treasurer, for the same use the taxes aforesaid are appropriated, and accounted for to the General Assembly; and upon such judgment, the court may award execution, provided ten days previous notice of such motion be given to such clerk.

 

XIX. And be it further enacted, That if any sheriff or collector of the taxes imposed by this act, or any other act of Assembly now in force in this colony, shall refuse or neglect to account for and pay the said taxes, according to the directions of the several acts imposing the same, after deducting his commissions for collecting, and the several sums chargeable to persons who have no visible estate in his county, it shall and may be lawful for the general-court, or the court of the county whereof he is sheriff or collector, upon a motion to them made by the treasurer to give judgment against such sheriff or collector, and his security, his or their executors or administrators, for the penalty of his bond by him given for such collection with costs, and thereon to award execution; provided that such sheriff or collector, and his securities, their executors or administrators, have ten days previous notice of such motion, and also that the said judgment may be discharged by the payment of the amount of the taxes due in the county whereof he is sheriff or collector, in case he shall appear at the time of entering such judgment, and account for the said taxes to the satisfaction of the court: And the money recovered by such judgment shall be to the same uses as the taxes are appropriated, and shall be paid to the treasurer for the time being, appointed as aforesaid, and accounted for to the general assembly.

 

XX. And be it further enacted, by the authority aforesaid, That the courts of each county in this colony shall, at the time of swearing a grand-jury for such county in the month of May annually, particularly give it in charge to such jury to enquire who have failed to deliver to the clerk of such court an account of their wheel carriages, and also of their lands within the proprietary of the said Lord Fairfax, according to the directions of this or any former act of assembly; and upon the presentment of any grand-jury for such offence, it shall be lawful for the court to order a summons to issue to summon the offender to appear at the next court, to answer such presentment, and shall not admit of any exception or pleading to the form or manner thereof, but shall proceed to trial without the formality of a jury, and give judgment upon such presentment according to the very right of the cause; and if the party summoned fails to appear, the court may give judgment for the penalty for such offence, according to law.

 

XXI. But forasmuch as many persons within the proprietary of the said Lord Fairfax, for want of knowing the particular method of enlisting their lands by the former acts for that purpose directed, may have incurred the penalties thereby inflicted, for remedy thereof, Be it enacted, by the authority aforesaid, That no person or persons whatsoever, within the said proprietary, who hath or have already paid the taxes imposed by the said acts, or shall pay the same before the first day of November next, and shall at any time before the said first day of November next give into the clerk's office a list of his or their lands pursuant to the directions of the said former acts, and shall from thence forward duly observe and comply with the same, shall be liable to any penalty inflicted by this or any former act, any thing contained in this or any former act to the contrary notwithstanding.

 

XXII. And to the end that no person whatsoever may hereafter pretend ignorance of this or the said former acts, Be it further enacted, by the authority aforesaid, That William Hunter, printer, shall, and he is hereby required to transmit to the sheriffs of the several counties, within the said proprietary, a copy of so much of this act, and of the said former acts, as is relative to the method prescribed for enlisting lands, and the penalties incurred for failure thereof, within two months at farthest after the passing of this act. And every such sheriff shall, at the next court held for his county, after receipt of such copy, read the same publicly at the door of the court-house of his county, and shall, within fifteen days after the receipt thereof, cause to be delivered to the minister, clerk or reader of the several parishes within his said county, a fair copy of the same, which said minister, clerk or reader, shall, and they are hereby required to read the same publicly at each church or chappel within his or their parish, immediately after divine service, the two next Sundays on which divine service shall be performed after the said copy shall come to his or their hands. And in case the printer shall neglect or fail to transmit the said copies, according to the directions of this act, or the said sheriff, minister, clerk or reader shall neglect or refuse to publish the same, as aforesaid, the party so neglecting or refusing shall forfeit and pay the sum of fifty pounds, one half to the informer, and the other half to the treasurer of this colony, for the time being, for the use of this colony, to be recovered with costs, by action of debt or information, in any court of record within this dominion.

 

 

 

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