Treasury notes.

perform the duty thereby required of them, but are hereby impowered and required, under the like forfeitures and penalties, to cause such militia, after their return from the service aforesaid, to be draughted according to the directions of the said recited act, any thing in the said act to the contrary notwithstanding.

XIII. And whereas, by reason of the long time allowed for collecting the duties imposed by this act, (which, from the distressed circumstances of the people, and the great scarcity of gold and silver coin in this colony, could not be sooner done) the said duties will not be collected in time to answer the purposes hereby intended, Be it therefore enacted, That John Robinson, esquire, treasurer of this colony, or the treasurer for the time being appointed, as aforesaid, be, and he is hereby authorised, and required to issue and emit so many treasury notes, as will be sufficient for the purposes aforesaid, not exceeding thirty thousand pounds, which shall be prepared and signed in the same manner, and be under the same regulations, and of the same value, and redeemable at the same time, as the treasury notes directed to be emitted by the said above recited act of Assembly, For raising the sum of twenty-five thousand pounds, for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned, are directed and appointed.

XIV. And be it further enacted, by the authority Duties impo. sed by this aforesaid, That the money to be raised by the duties act to stand imposed by this act, shall stand, be, and remain as a as a security security for the redemption of the said treasury notes demption of so to be issued, and the said John Robinson, treasu

for the re

the said notes.

Repealing clause.

rer, 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 such treasury notes, and to no other use or purpose whatsoever.

XV. And be it further enacted, by the authority aforesaid, That so much of the said recited acts of Assembly, and of all other acts, as are contrary and repugnant to any thing within the purview of this aet, shall be, and are hereby repealed: And that this act, as to so much thereof as relates to the paying of the officers and soldiers in money, shall continue, and be in force from, and after the passing thereof for, and during the term of one year, and no longer.

Winchester

XVI. And whereas it is now judged necessary that A fort to be a fort should be immediately erected in the town of erected in Winchester, in the county of Frederick, for the protection of the adjacent inhabitants from the barbarities daily committed by the French and their Indian allies, Be it enacted, by the authority aforesaid, That the governor, or commander in chief of this colony for the time being, is hereby impowered, and desired to order a fort to be built with all possible dispatch in the aforesaid town of Winchester, and that his honor do give such orders and instructions for the immediate effecting and garrisoning the same, as he shall think necessary for the purposes aforesaid. And the governor, or commander in chief of this colony, is here. by also impowered, and desired to issue his warrant to the treasurer for the payment of so much money, as he shall think necessary for the purposes aforesaid, not exceeding the sum of one thousand pounds, who is hereby required to pay the same in treasury notes, to be emitted by virtue of the said act of Assembly, For raising the sum of twenty-five thousand pounds, for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned.

CHAP. III.

An Act for appointing a Treasurer.

I. WHEREAS by one act of Assembly, made in the twenty-fifth year of the reign of his present majesty, John Robinson, esquire, was appointed treasurer of the revenues arising from the duty upon liquors and slaves, laid and imposed by one act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An act for reducing the laws made for laying a duty upon liquors into one act of Assembly, and by one other act made in the twentysecond year of his said majesty's reign, intituled, An act for continuing the act, intituled, An act for reduE-VOL. 7.

Preamble.

rer.

cing the laws made for laying a duty upon liquors into one act of Assembly, and also by one act made in the twenty-fifth year of his said majesty's reign, intituled, An act for continuing a clause of an act of Assembly therein mentioned; and also by one other act of the same session, intituled, An act for reviving the duties upon slaves, to be paid by the buyers, for a term therein mentioned, and of all other monies payable to the treasurer of this colony for public uses, by virtue of any other act or acts of Assembly, to hold the said office of treasurer, so long as he should continue speaker of the house of burgesses, and from the time of his being out of that office, until the end of the next session of Assembly.

II. And whereas the said first mentioned act, will expire at the end of this session of Assembly, and it being expedient that a treasurer should be appointed; 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, The treasu. That from and after the passing of this act, John Robinson, esquire, shall be, and he is hereby nominated, constituted and appointed treasurer of the revenue arising from the duties laid by the before recited acts of Assembly, and of all other public monies, payable to the treasurer of this colony, for public uses, by virtue of any other act or acts of Assembly. To hold the said office so long as he shall continue speaker of the house of burgesses, and from the time of his being out of the said office to the end of the next session of Assembly. And the said John Robinson, is hereby authorised, impowered, and required to demand, receive and take of, and from the several collectors of the said duties, all and every the sum and sums of money, arising by force and virtue of the said acts, or any or either of them, and shall apply and utter the same to, and for such uses, and upon such warrants, as by the said acts for laying the said duties, or by any other act or acts of the General Assembly, is, or shall be appointed or directed, and shall be accounta ble for the said money to the General Assembly.

His duty.

III. And be it further enacted, by the authority aforeHis salary. said, That the salary of five pounds in the hundred, or so much as is, or shall be by any special act or acts of Assembly allowed and limited, and so proportionably for a greater or lesser sum, shall be allowed and

paid to the said treasurer hereby appointed, out of all and every the sum and sums of money by him received and accounted for, to the General Assembly, as aforesaid: And that there shall be also allowed to the said treasurer, for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred and fifty pounds per annum, for his trouble and service

therein.

IV. Provided always, That the said treasurer be- To give bond fore he enters upon his office, shall give such sufficient and security. security as shall be approved of by the governor, or commander in chief of this colony, in the sum of fifty thousand pounds, for the due answering and paying all the money, by him from time to time to be received, as aforesaid.

V. And to the end a treasurer may not be wanting where the in case of the death, resignation, or disability of the treasurer treasurer hereby appointed; Be it further enacted, dies. That in either of these cases it shall and may be law. ful for the governor, or commander in chief of this colony, with the advice of the council, for the time being, to appoint some other fit and able person to be treasurer of the duties, to hold the said office with all powers, authorities, salaries, and profits, aforesaid, until the end of the next session of Assembly, which treasurer, so appointed, shall, before he enters upon his office, give the like security, as is herein before directed.

CHAP. IV.

An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government.

I. WHEREAS it is dangerous at this time to per- Preamble. mit Papists to be armed, Be it 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 it shall, and may be lawful,

Where Pa- for any two or more justices of the peace, who shall pists refuse know, or suspect any person to be a Papist, or shall oaths, when be informed that any person is, or is suspected to be a

to take the

tendered.

Duty of jus tices.

to keep arms, &c.

Papist, to tender, and they are hereby authorised and required to tender to such person so known, or suspected to be a Papist, the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and supremacy; and if such person, so required, shall refuse to take the said oaths, and subscribe the test, or shall refuse, or forbear to appear before the said justices for the taking the said oaths, and subscribing the said test, upon notice to him given, or left at his usual place of abode, by any person authorised in that behalf, by warrant under the hands and seals of the said two justices, such person from thenceforth shall be taken to be, and is hereby declared to be liable and subject to all and every the penalties, forfeitures, and disabilities hereafter in this act mentioned.

II. And be it further enacted, That the said justices of the peace shall certify the name, sirname, and usual place of abode of every person, who being required, shall refuse, or neglect to take the said oaths, and subscribe the said test, or to appear before them for the taking the said oaths, and subscribing the said test, as also of every person, who shall take the said oaths, and subscribe the said test at the next court to be holden for the county for which they shall be justices of the peace, to be there recorded by the clerk of the said court, and kept among the records of the said court.

III. And for the better securing the lives and proNo Papists perties of his majesty's faithful subjects, Be it further enacted and declared, That no Papist, or reputed Papist so refusing, or making default as aforesaid, shall, or may have, or keep in his house or elsewhere, or in the possession of any other person to his use, or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him, by order of the justices of the peace at their court, for the defence of his house or person) and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may authorise and impower any person or persons in the day-time, with the assistance of the constables where the search shall be (who is hereby required to be aiding and assisting herein) to search for all arms, weapons, gunpowder or ammunition, which shall be