MARCH 1758 – 31st GEORGE II.

ANNO REGNI

 

GEORGE II,

Regis Magnae Britanniae Franciae, et Hiberniae, tricesimo primo.

 

 At a General Assembly, Begun and held at the Capitol, in Williamsburg, on Thursday the twenty-fifth day of March, in the twenty-ninth year of the reign of our sovereign lord George II. By the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. and in the year of our Lord, 1756, and from thence continued by the several prorogations to Thursday the Thirtieth of March, in the thirty-first year of his majesty’s reign, and in the year of our Lord, 1758; being the fourth session of the assembly.

 

Chap I.

 

An Act for augmenting the forces in the pay of this Colony to two thousand; and for other purposes therein mentioned.

 

I. WHEREAS it is necessary, in this time of danger, that the number of forces, now in the pay of this colony, should be increased: Be it therefore enacted, by the President, Council, and Burgesses, of this present general Assembly, and it is hereby enacted by the authority of the same, That the forces now in the pay of this colony shall be augmented to two thousand men, exclusive of the rangers formerly directed to be raised. And for the more speedy raising the men that shall be wanted to compleat that number, it shall and may be lawful, to and for the officers appointed for that purpose, by the president or commander in chief, to inlist so many men as shall be willing to enter into the said service; and every person so inlisting shall receive from the officer inlisting him the sum of ten 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 inlisting such persons and conveying them to a place of general rendezvous.

 

II. And, be it further enacted. That the men to be raised, by virtue of this act, as well as the soldiers formerly directed to be raised, and now in the pay of this colony, except the rangers, shall and may, by direction of the president or commander in chief, be united to the forces that shall be sent to our assistance by his majesty or any of the neighbouring colonies, and may be marched to annoy or attack the enemy in such manner as shall be thought proper by the commanding officer of his majesty's forces in North-America.

 

III. And be it further enacted, by the authority aforesaid, That so much money as shall be necessary for defraying the charge of raising, paying, and cloathing, and other expences of the officers and men to be raised by virtue of this act, shall be paid by John Robinson, esquire, treasurer, or the treasurer of this colony 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, to such person or persons as shall be directed by warrant from the president or commander in chief of this colony for the time being, so that the sum so to be paid do not exceed, in the whole, the sum of twenty-one thousand five hundred pounds, to be accounted for to the general assembly.

 

IV. And, be it further enacted. That the said treasurer shall, out of the money to be raised by virtue of this act, pay to the honorable John Blair, esquire, president and commander in chief of this dominion, or to the commander in chief for the time being, a sum of money, not exceeding four thousand five hundred pounds, to be laid out for and in the maintaining the three companies of rangers directed to be raised and employed for the protection of the south western frontiers of this colony, by an act made in the third session of this present general assembly, intituled. An Act for granting an aid to his majesty, for the better protection of this colony, and for other purposes therein mentioned, and accounted for to the general assembly.

 

V. And whereas several Indians have already come to the assistance of this colony, and more may come: Be it further enacted, by the authority aforesaid. That for defraying the charges of such Indians, there shall be paid by the said treasurer, out of the money that shall come to his hands by virtue of this act, to such person or persons as shall be directed, by warrant under the hand of the president or commander in chief of this dominion for the time being, a sum, not exceeding four thousand pounds; and that the said treasurer shall moreover, as soon as the same can he conveniently done, send to Great-Britain for, and import into this colony, a quantity of goods, such as may best answer the wants and occasions of the Indians so coming to our assistance, to be presented to them as a reward for their services, in such manner as shall be directed by the president or commander in chief for the time being, by and with the advice and consent of his majesty's council here, so as the whole sum to be paid for such goods does not exceed two thousand pounds, to be accounted for to the general assembly.

 

VI. And be it further enacted. That the said treasurer shall, out of the money that shall come to his hands by virtue of this act, pay to such person or persons as have, before the passing hereof, killed or taken prisoner any Indian enemy within the limits of this colony, and shall produce a certificate thereof, according to the directions of an act of assembly, made in the third session of this present general assembly, intituled- An Act for the more effectual preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony, the additional reward of thirty pounds directed by the said act to be paid for every Indian enemy so taken prisoner, killed or destroyed.

 

VII. And for raising the several sums of money hereby given and granted. Be it further enacted, by the authority aforesaid. That an additional tax or duty of one shilling shall be paid for every tithable person in this colony, to the sheriff of the county where such person shall be inlisted, by the person inlisting the same, on or before the tenth day of April one thousand seven hundred and sixty-one, and the further additional tax or duty of one shilling 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 two; and the further additional tax or duty of one shilling for every such tithable person shall be paid, in like manner, on or before the tenth day of April one thousand seven hundred and sixty three; and the further additional tax or duty of one shilling for every such tithable person shall be paid, in like manner, on or before the tenth day of April, one thousand seven hundred and sixty-four: And that an additional tax of one shilling for every hundred acres of land, and after that rate for a greater or leaser quantity, shall be paid by the owner or proprietor thereof, on or before the said tenth day of April, in each of the said years one thousand seven hundred and sixty-one and the three next following; which said additional 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 upon lands and tithables payable in the said years by the before mentioned act of assembly, intituled, An Act for granting an aid to his majesty, for the better protection of this colony, 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 said former duties, shall be used, exercised, and put in practice for paying, collecting, and accounting for the said duties hereby imposed, as if the same articles, rules and clauses were inserted in this act.

 

VIII. And whereas by reason of the great scarcity of gold and silver in this colony, 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, to issue and emit treasury notes to answer the demands that shall be made upon him for the purposes aforesaid, so as the whole sum of such notes, to be issued, shall not exceed the sum of thirty-two thousand pounds; which notes, so to be issued, shall be prepared, printed, engraved and numbered in such form, and after such method as the said treasurer shall judge most safe from counterfeits and forgeries; and shall be signed by Peyton Randolph, esquire, and Robert Carter Nicholas, gentleman, each of whom shall, receive the sum of twenty shillings for every thousand of the said notes by him signed and delivered to the treasurer.

 

IX. And be it further enacted. That in case of the death or inability of them, the said Peyton Randolph and Robert Carter Nicholas, or either of them, before all such treasury notes shall be signed, in that case it shall and may be lawful for the said treasurer to appoint some other person to sign such notes in the room of him so dead or unable; 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.

 

X. And be it further enacted, by the authority aforesaid, That all notes to be issued in pursuance of this act, shall be redeemable on the first day of March, one thousand seven hundred and sixty-five, and shall then be paid by the treasurer for the time being, appointed as aforesaid: 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, till the time before limited for the redemption thereof at the treasury, as aforesaid.

 

XI. And be it further enacted, by the authority aforesaid, That if any person or persons shall forge or counterfeit, alter or erase, any such treasury-note, or demand a redemption thereof at the treasury, knowing the same to be forged or counterfeited, altered or erased; or if any person or persons shall, during the time the said notes shall remain current within this colony 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 and silver coin for the said notes 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 suffer and pay the pains, penalties and forfeitures, inflicted for the like offences respectively by the before mentioned act of assembly, intituled. An Act for granting an aid to his majesty, for the better protection of this colony, and for other purposes therein mentioned, to be inflicted, recovered, and appropriated, as in the said act is directed.

 

XII. And be it further enacted, by the authority aforesaid. That for the trouble of issuing the said treasury notes the said treasurer, or the treasurer for the time being, appointed as aforesaid, shall receive a salary of half per centum upon the amount of the notes so to be issued.

 

XIII. 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 treasury-notes so to be issued; and 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.

 

XIV. And for the further encouragement of persons to enlist in the service. Be it further enacted, by the authority aforesaid. That the men to be raised by virtue of this act shall be formed into a regiment, to consist often companies, to be commanded by a colonel, lieutenant-colonel, major, seven captains, twenty lieutenants, and ten ensigns; and there shall be allowed to the said regiment a chaplain, one surgeon and two surgeon's mates, an adjutant, and a quarter-master; which said regiment shall continue in his majesty's service until the first day of December next, and shall then be discharged from the said service.

 

XV. And be it further enacted, by the authority aforesaid, That the paymaster appointed to pay off the forces in the service of this colony shall give bond and security to the president, or commander in chief of this colony for the time being, in the sum of ten thousand pounds, for the due and faithful discharge of the trust reposed in him.

 

XVI. And whereas it may be. necessary, in case the forces in the pay of this colony should be marched up-on any expedition, that the forts built for the protection of this colony should be garisoned by draughts from the militia. Be it further enacted, by the authority aforesaid. That it shall and may be lawful for the president and commander in chief for the time being, with the advice and consent of the council, to cause and direct such and so many men to be draughted out of the militia as to him shall appear necessary to garrison the forts built for the protection of this colony, during the absence of the soldiers; and the men so to be draughted to continue in garison, or relieve them by new draughts from time to time, as the said commander in chief, with the advice of the court, shall direct, so as such militia be not continued in garison longer than until the twentieth day of December next: And that the draughts of the militia for this purpose shall be made in like manner, and the persons draughted shall be subject to the same rules, regulations and punishments, and entitled to the like pay and provisions, as is directed for the militia drawn into actual service upon an invasion or insurrection, by the act intituled. An Act for reducing the several acts for making provision against invasions and insurrections into one act of assembly.

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