can be procured of the several quotas from time to time furnished by each county respectively, and where they have failed raising the quota required of them, shall transmit the reasons of such failure, to be by him laid before the next general assembly, that order may be taken to compel such counties as have been deficient to make up such deficiencies in men, or just compensation therefor in money, so as to place the whole state on an equality as near as may be.

XII. And whereas many county lieutenants and commanding officers have resigned their commissions since the year one thousand seven hundred and sevenReturns of ty-seven, and others have been appointed in their place:

officers resigned to be made.

XIII. Be it enacted, That every such person who may have resigned since the time above-mentioned, shall, on application from such commanding officer, be obliged to make return to the present lieutenant or other commanding officer of the county where he held such commission, who is hereby commanded to transmit the same with the return of his own transactions. And in case any lieutenant or commanding officer shall fail to do so, he shall forfeit and pay the sum of one hundred pounds, to be recovered and applied in the same manner as other penalties by this act to be inflicted.

[Ch. XLIV in original.]

Justices of

York authorised to hold courts, at any place in

while the

CHAP. IV..

of

An act to empower the justices York to hold their courts at any other place in the said county than their present court-house.

I. BE it enacted by the General Assembly, That the county, the justices of the peace for the county of York shall, cont house and they are hereby empowered to hold their sessions in York town at such place in the county as they may think proper, is occupied qy the troops so long as the court-house in the town of York shall be of our allies. occupied by the troops of our allies.

CHAP. V.

[Ch. XLV. in original.]

[Chan Rev.

An act for farther continuing an act
entitled An act to exempt artificers p. 157.3
employed at iron works from mili-
tia duty.

from militia

I. WHEREAS the act of assembly passed in the Act exemptyear one thousand seven hundred and eighty-one, en- ing artificers titled "An act to exempt artificers employed at iron at iron works works from militia duty," which was continued by se- duty further veral subsequent acts, will expire at the end of this pre- continued. sent session of assembly; and it is expedient and necessary that the same should be farther continued: Be it therefore enacted, That the act entitled "An act to exempt artificers employed at iron works from militia duty," shall continue and be in force from and after the expiration thereof, for and during the term of one year, and from thence until the end of the next session of assembly, and no longer.

CHAP. VI.

An act for granting pardon to James
Hughes and Robert Smith.

[Ch. XLVI. in original.]

Pardon

granted to James

are under

I. WHEREAS it hath been represented, that James Hughes and Robert Smith are now in public jail under sentence of death for the crime of treason against Hughes and the state, the commission of which proceeded not from Robert a disposition to oppose or subvert the government of Smith, who this commonwealth, but from ignorance and the artful sentence of seduction of others in the case of the said Robert Smith, death for and the coercion of the enemy in the case of the said treason. James Hughes whilst in captivity; and the said James Hughes and Robert Smith have petitioned this assembly to be pardoned for their said crimes, and it being

expedient to extend grace and mercy to those who have not committed heinous and flagrant acts of treason:

II. Be it therefore enacted by the General Assembly, That the said James Hughes and Robert Smith shall be, and they are hereby pardoned of the crimes of which they are convicted by sentence of the general court, and shall be discharged by the keeper of the public jail.

CHAP. VII.

[Chan. Rev. An act to authorize the treasurer to

p. 157.3

tificates to

receive certain warrants and certificates in payment for waste and unappropriated lands.

Military war- I. BE it enacted by the General Assembly, That aurants & cer- ditors warrants and certificates for military service be received shall be received by the treasurer in payment for waste for land war- and unappropriated lands, at the same scale of depreciation as is allowed by an act of assembly entitled, "An act for calling in and funding the paper money of this state."

rants.

CHAP. VIII.

[Ch. XLVIII in original.]

An act for the recovery of slaves, hor- [Chan. Rev. ses, and other property, lost during P. 157.3

the war.

war, how re

I. WHEREAS great numbers of slaves, horses, and Slaves, horother property belonging to the citizens of this com- ses, & other monwealth and of the neighbouring states, have, dur- property lost ing the war, been carried off, or have gone from their during the owners and been concealed by wicked and evil dispo- covered. sed persons; and it is reasonable that the owners should be enabled to recover their property in an easy and expeditious manner: Be it therefore enacted, That any person or persons who have any such slave or slaves, horses or other property in his or her possession, and who shall not before the first day of October next deliver such slave or slaves, horses or other property to the owner or owners thereof, if known, and if not known, publish a particular description of such slave or slaves, horses or other property three times in the Virginia gazette, shall forfeit and pay the sum of fifty pounds. And if any person or persons possessed of Persons hav such slave or slaves, horses or other property as afore- ing such prosaid, sball delay to deliver or publish the same as above session, to directed, within he time hereby limited, he or she shall adversise in forfeit and pay the sum of five pounds, for every month Gazette. he or she shall so delay after the said first day of October next, and shall moreover be liable to the action of the party grieved at the common law, in which the plaintiff shall recover double damages. And if the defendant in any such action shall not immediately pay and satisfy the damages, he or she shall be imprisoned six months, without bail or mainprize, unless the damages are sooner discharged; the act of insolvency, or any other law to the contrary notwithstanding; and the act of limitation shall be no bar to such action.

perty in pos

II. And be it further enacted, That all and every Penalty for person and persons from whom any such slave or failure, slaves, horses or other property have gone or been taken as aforesaid, on application to any two justices of the peace for the county where such slave or slaves, horses or other property may be, and making proof,

to the satisfaction of such justices, of his or her right to such slaves, horses, or other property, and that the same were taken or went off from him or her in consequence of the invasion of this or any of the neighbouring states, shall be entitled to a warrant from such justices, under their hands and seals, directed to the sheriff or any constable of the said county, commanding them, and each and every of them, to take such slave or slaves, horse or horses, or other property, and deliver the same to the owners thereof. Provided, That before granting such warrant, the person or persons Proprietors may obtain demanding the same shall give bond, with sufficient warrants for security, in such sum as the justices shall direct, paytaking their able to the person or persons in whose possession the property; slave or slaves, horse or horses, or other property giving bond security. claimed as aforesaid may be, to return the same to the possessors in case he or she so claiming shall fail to prove his or her right to such slaves, horses or other property, at the trial of any suit to be brought for the

Two justices may secure property suspected to belong to others unknown.

Wandering slaves may be committed to pri.

son.

Proceedings thereon,

same.

1

III. And be it further enacted, That where any person or persons shall be possessed of any slaves, horses or other property suspected to have gone or to have been taken from their owners, in consequence of any invasion as aforesaid, it shall be lawful for any two justices of the peace for the connty where such persons reside, on information to them made, to cause such person or persons to come before them, and if such suspicion shall appear to them to be well founded, after hearing the parties, to cause such person or persons to enter into a recognizance to the governor or chief magistrate of this commonwealth, in such sum as the said justices shall judge reasonable, and with sufficient security, on condition that he or she shall not sell, dispose of or secrete any such slave or slaves, horses or other property, for such time as the said justices shall think proper, not exceeding one year. And when any slave or slaves shall be found wandering about, it shall be lawful for any justice of the peace to commit such slave or slaves to the gaol of his county, by warrant under his hand and seal, and the sheriff or gaoler is hereby required to receive such slave or slaves, and to confine him, her or them in close gaol for three months, unless the owner or owners of such slave or slaves shall soon

er appear. And such sheriff or gaoler shall, within