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Hiberniæ, vicesimo nono.
At a General Assembly, begun and held at Robert Din
the Capitol, in Williamsburg, on Thurs. Governors day 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, being the first session of this Assembly.
five Thousand Pounds, for the better
1. WHEREAS it is necessary that the troops rais- Preamble. ed for the protection of the frontiers of this colony should be augmented, and money raised for their support and maintenance: Be it therefore enacted, by the Lieutenant-Governer, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the sum of one shilling, or ten pounds of tobacco, at the option of the payer, The tax and shall be paid for every tithable person in this colony, how to be to the sheriff of the county where such tithable sballo be listed, by the person inlisting such tithable, on or
before, the tenth day of April, one thousand seven hundred and fifty-eight, and the further sum of one shilling, or ten pounds of tobacco, for every such tithable, shall be paid, in like manner, on, or before, the tenth day of April, one thousand seven hundred and fifty-nine; and the further sum of one shilling, or ten pounds of tobacco, for every such tithable, shall be paid in like manner, on or before the tenth day of April, one thousand seven hundred and sixty, which shall be collected by the sheriffs, according to the lists of tithables taken, and subsisting at the time of payment in each year. And where any sheriff shall discover any tithables not inlisted, such sheriff is herca by impowered and required to collect and levy the said duties respectively, upon the person so discovered, and account for, and pay the same, in like manner, as if such tithable had been inlisted. And that the sum of one shilling, or ten pounds of tobacco, at the option of the payer, for every hundred acres of land, and after that rate, for a greater or lesser quantity, shall be paid by the owner or proprietor thereof, on the said tenth day of April, in each of the said years, to the sheriff of the county, wherein such land shall lie, and to be collected by, and according to the rent-rolls delivered to the sheriffs respectively, for the collection of his majesty's quit-rents, in each of the said years. And from the proprietors nf lands, in the Northern Neck or territories of the right honorable Thomas, Jord Fairfax, by, and according to the accounts by them delivered to the sheriffs, which they are hereby required to do, in each of the said years, in the manner, and at the time, directed and prescribed by one act of Assembly made in the twenty-ninth year of the reign of his present majesty, intituled, An Act for raising the sum of forty thousand pounds for the protection of his majesty's subjects on the frontiers of this colony; and every person failing so to do, shall forfeit and pay the sum of ten pounds for every such failure, and the sheriffs of the several counties, within the said territory, are hereby required to collect the said land-tax from the said proprietors, according to the accounts so to be delivered to them respectively, and in case of failure in payment of the said land-tax or poll-tax at the times before limited for the payment thereof respectively, it shall be lawful for the sheriff of each county in this colony, to levy the same by distress, and sale of the
slaves, goods and chattels, of the person so failing, in like manner, as is provided in case of other distresses; and where there are no effects to be found upon the lands hereby chargeable with the said land-tax, it shall be lawful for the sheriff of the county, where such lands lie, or the sheriff of the county, where the proprietor of the said land lives, to levy the said tax upon the estate of such proprietor, wherever the same can be found.
II. Provided, That nothing in this act contained, as to the payment of the said taxes, shall extend to the
. Whoes inhabitants residing on the waters of the Missisippi, em
'empted and in the county of Hampshire, who are hereby exempted for themselves and other tithables on the said waters, and within the said county of Hampshire, from the payment of the said poll tax, and also from the payment of the said land-tax.
Ill. And be it further enacted, by the authority afore. said, That the several sums of money to be collected, Taxes to be by virtue of this act, for the said land and poll tax,
de for, on oath, shall be by the sheriff's respectively, accounted for upon by the sheroath, and paid to the treasurer of this colony, for the itf. time being, appointed by, or pursuant to an act of Assembly, on, or before, the tenth day of June next following the time herein before limited, for payment of the said taxes in cach year, after deducting five per centum for each sheriff's salary in collecting the same, and be accounted for by the said treasurer to the General Assembly, after deducting two per centum for his salary, in receiving and paying the same. * IV. And be it further enacted, by the authority afore- Sheriffs to said, That the sheriff of every county shall, on, or be- give bond, fore, the first day of December, in each of the said &c. years give bond and security before the court of the county, whereof he is shoriff, for the due collection and payment of the said duties, so to be collected by him the year ensuing. And if any sheriff shall die, or be removed from his office, after having given such bond, and before the collection is made, for which such bond was given, the succeeding sheriff shall, in like manner, give bond and security at the time he shall be sworn into bis office, and shall collect, levy, and account for 80 much of the said taxes, as shall remain unpaid to the sheriff so dying, or being removed. And if any sheriff shall refuse, or fail to give security according to the direction of this act, the county-court is hereby
impowered and required to appoint some other person
tor have ten days previous notice of such motion. Where the. V. And whereas many sheriffs of this colony have sheriffs have s.:
failed to give security according to the directions of failedin their la duty.
former acts of Assembly, for collecting the taxes heretofore laid and assessed, but have notwithstanding received large sums of money and tobacco for such taxes, and have failed to pay the same to the treasurer, according to the directions of the said acts: Be it further enacted, by the authority aforesaid, That if any such sheriff shall fail to account for, upon oath, and pay all such sums of money or tobacco as they shall have received for such taxes, to the treasurer of this colony, within two months after the passing of this act, such sheriff shall forfeit and pay the sum of five hundred pounds to our sovereign lord the king, to, and for the same uses as the taxes laid by this act are appropriated, and it shall and may be lawful for the general court, or the court of the county whereof he is sheriff, upon a motion to them made by the treasurer, to give judgment against such sheriff, for all the money or tobacco which he has received by virtue of the said acts, and also for the said sum of five hundred pounds, and thereon to award execution, provided that such sheriff have ten days previous notice of such mo
tion. Indemnifica. Vl. And be it further enacted, That all persons who tion to per.
have duly paid their taxes to such sheriffs, not having paid their, given security, as aforesaid, shall not be obliged to
pay the same again to the succeeding sheriff, provided taxes to the they produce receipts to such sheriff of their having sheriffs. already paid the same.
VII. And be il furtier enacted, That the slieriff of Penalty of every county shall, at the time of his entering into his the additionoffice, enter into bond with suflicient security, in the al bond to be
given by the penalty of one thousand pounds, payable to liis majes- Sheriffs. ty, bis heirs and successors, for the due collection and payment of the taxes already laid, and to be laid and assessed by this, or any other act of Assembly of this colony, besides the bond and security he is already by law obliged to give for the due performance of other parts of his office.
VIII. And be it further enacted, by the authority al. Appropriaforesaid, That the penalties and forfeitures by this act tion: inflicted, shall be to our sovereign lord the king, his heirs and successors, to, and for the samé uses as the taxes imposed by this act are herein after appropriated, and shall and may be recovered with costs, by action of debt or information, in any court of record within this dominion.
IX. And be it further enacted, by the authority aforesaid, That John Robinson, Peyton Randolphi, Charles Directors & Carter, esquires; Carter Burwell, Benjamin Waller,
their duty. John Chiswell, Richard Bland, James Power, William Digges, Dudley Digges, John Page, John Norton, William Harwood, George Wythe, Landon Carter, Edmund Pendleton, and Robert Carter Nicholas, gentlemen; or any seven of them, shall from time to time, with the consent and approbation of the governor or commander in chief of this dominion, for the time being, direct and appoint how the said money sball be applied towards the raising, maintaining, arming, and providing for so many men to be raised for the better protection and defence of the frontiers, as they shall think necessary, so as the whole men so to be raised, including the men formerly directed to be raised, do not exceed fifteen hundred men, and that the said directors shall, as often as there shall be occasion of money for the uses aforesaid, apply themselves to the governor, or commander in chief, for the time being, to issue his warrant to the treasurer for paying so much money as shall be wanting furthe purposes aforesaid, not exceeding the sum of twenty thousand pounds, who is hereby required to pay the same accordingly, and the said directors shall keep an account of their proceedings,