Page images

their governour here relating to a quota of men or other assistance to be given to their majesties province of New York, as application should be made from that government for the same in proportion with their majesties other collonies, plantations and provinces adjacent, and being willing to manifest their readiness on all occations to give such supply for the defence and preservation of their majesties provinces as the circumstances of this needy and poor country will admitt have with due regard to their majesties royall commands and care for the peace, safety and preservation of this their dominion, inquired into the present state of this countrey, and notwithstanding they find the same verry needy and poor, haveing for a long time been and still continuing to be attended with great charge of keeping and maintaining soldiers att the heads of the rivers, and under daily feares of haveing too great occasion for raising more without any fund or other supply for the same then a levy from time to time raised upon the poll, yet to show their loyall and dutifull inclinations to the verry uttmost of their abilities and rather beyond, in hopes that nothing but such supply as shall be directed by this act be required either of men or money, and that for the future their majesties will be graciously pleased to take the low circumstances of this their country into their princely consideration, and thereupon to excuse their loyall subjects here;

The councill and burgesses now assembled pray your ercellency that it may be enacted, And be it enacted by the governour, councell and burgesses of this present Generall assembly and the authority thereof, and it is hereby enacled, That whereas by one act intituled an act for lessening the levy by the poll and laying an imposition upon liquors made this session of assembly, an imposition of four pence per gallon is raised upon certain liquors to be imported from and after the first day of June next, untill the last day of October 1696, the governour for the time being, by and with the advice of the councill be empowered to take and apply such a Governor allsum of money not exceeding the sum of five hundred thorised to pounds sterling as it shall arrise from the imposition apply a sunn.

sation not exceed. upon liquors in and by vertue of the said act and noe ing 500 otherwayes, and by the said governour with the advice pounds sterbof the councill shall from time to time be found neces- ing. to be

the imposi . sary and convenient for the immediate preservation of con on liquors their majesties province of New York, upon application to the relief of the pros of their majesties governour or commander in chiefe of vince of New their said province, any thing in their said act laying York.'

an imposition upon liquors as aforesaid notwithstanding, Provided alwayes, and it is hereby intended, that if between the end of this session of assembly and the expiration of the said act intituled an act for lessening the levy by the poll and laying an imposition upon liquors noe application be made from the governour or commander in chiefe of the province of New York for assistance or supply in and by vertue of their majesties comands relating thereto, or that upon such application it shall be found necessary and convenient by the governour and councill of this their majesties dominion to forbear the imploying useing or remitting the said suin of five hundred pounds sterling, or any part thereof, as it may be required, that then the said intire sum of five hundred pounds sterling or such pari thereof as shall not be imployed made use of or remitted to their majesties said province of New-York for the intents and purposes aforesaid, shall be accounted for to the generall assembly and thereby applyed to such uses iutenis and purposes as by the governour councell and burgesses of the said general assembly shall be thought fitt for lessening the levy by the poll, according to the first intent purport and meaning of the said act inade this assembly, by vertue of which the same was levyed and raised, any thing in this act to the contrary or seeming to the contrary notwithstanding.


ACT V. Edi. 1733 and An act for reviving the 7th act of assembly made att

James Ciliy the 16th day of Aprill 1691, and for the

ascertaining the size of tobacco hogsheads. Preamble. FORASMUCH as the seventh act of assembly made

att James Citty the 16th day of Aprill 1691, intituled an act reviveing the 6th act of assembly made att James Citty the 20th October 1686, regulateing the tares of tobacco hogsheads hath been found verry advantageous and usefull for the prevention of frauds and abuses in the tares of tobacco hogsheads and damages

tha Bee it desses of ind it is halle is part of as

[ocr errors]

that accrue from unseasoned timber and slight staves.

Bee it therefore enacted by the Governour, Councell 7th act of and Burgesses of this present generall assembly and the 1791 authority thereof, and it is hereby enacted, That the said seventh act of assembly in all its parts and clauses as well such as relate to the said 6th act of assembly made att James Citty the 20th October 1686 as otherwayes be from henceforth revived and putt in force, and for the future ascertaining the size of tobacco hogsheads.

Bee it further enacted by the authority aforesaid, that Size of tobacthe certain size of every tobacco hogshead be as fol. co hogslieads. loweth, that is to say in the length of the stave fortyeight inches and noe more, and in the diameter of the head thirty inches and no more, and whatsoever cooper or coopers shall make tobacco casque contrary to this act if he be a freeman and in case he be not his master or mistress, or whatsoever planter or other person shall pay away or putt to sale, or putt on board any boate, sloope, shipp or other vessell in order to exportation any tobacco whatsoever packed in cask of a greater size than is herein expressed and sett downe, such cooper, planter or other person shail for every tobacco hoggshead soe inade paid away, putt to sale or shipped forfeit and pay the sum of five hundred pounds of to- Penalty. bacco one movety thereof to be to our sovereigne lord and lady the king and queen, their heirs and successors for and towards the better support of this government and the contingent charges thereof and the other moyety to him or them that shall sue for the same in any court of record within this collony by bill, information, plaint or other action, wherein noe essoign protection or wager of law shall be allowed, And be it enacted, that this act continue in force seaven years and noe longer.

umas "



[ocr errors]


ACT VI. An act for raiseing a publique lery. Edi, 1733 and Be it enacted by the governour, councell and Burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That the sum of twenty two pounds and three quarters of tobacco be paid by Tares, or every tithable person within their majesties collony and pur

beir mojesties collons and public leve,

for 1695. dominion of Virginia in this present year 1695 for the"

defraying and payment of the charge of keeping and maintaining one lieutenant, eleaven soldiers and two Indians att the heads of each of the four great rivers for the terme of twelve months from the last day of this instant month of April and for the satisfaction of all such other claims and allowances as have been made this generall assembly, and that the same be paid by the collector of the severall counties in the said year to the severall persons to whome it is now proportioned, and if it shall happen that there shall be more tithables in any county than the said levy of twenty-two pounds and three quarters of tobacco is now laid on, then such county to have credit for soe much io the use of the county and if there shall happen to be less in any county then such county shall bear the loss.. A true copy,


Clerke of the House of Burgesses. [Here follows in the MS. an appropriation of the taxes of Northumberland county, among sundry puben, lic creditors, which it is unnecessary to insert ]

Signed by Sir FDMUND ANDROS, Gov'r.

Philip LUDWEIL, Speaket. (Note to editions 1733 and 1752.)


Generalc Cssembly,

BEGUN ATT James Cisty


&c. ANNOQUE DOM. 1696.*

ACT I. An act for punishment of ffornication and Edi. 1733 and

“ 1752. seаverall other sins and offences.

WHEREAS there are severall and many laws now Preamble. in force for the suppression of the sins of swear


Various Readings. * In all the MSS. of this period, the commencement of this session w is stated to be on the 24th of Septembor, in the eighth year of the reign of William the third; but in the revisals of 1733 and 1752, the Mary,acco

2 the Mary,account session is said to commence on the 24th of April, in the eighth year it

of their reign. of the reign of William and Mary. How a session of the assembly, in 1696, could be held in the reign of William and Mary, when it is a well established historical fact that Mary died, on the 28th of De. cember 1694, it is difficult to conceive.--William and Mary reigned jointly, from the 13th of February 1688.9, till her death on the 28th of December 1694, in the 7th year of their reißin. William then assumed the title of Williain the third, and reigned alone till his death, on the 8th of March 1701-2; but in the computation of the time of his reign, the period in which he reigned jointly with Mary, is calculated. Thus, the year 1696, is said to be in the eighth year of the reign of William the third, as that of 1695, was the seventh of William and Mary. At the end of the acts of 1695, there is the following note, in the editions of 1733, and 1752. “ N. B There was another session of this assembly, held the 23rd of April 1696, in the 8th year of king William's reign, but no laws passed." -This is another proof of the want of correctness in the printed copies;--for it is impossible to suppose that an assembly should be held on the twenty.third of April, at which no laws pass. ed, and on the very next day, the twenty-fourth, that another assem. bly should be held, at which were passed the number of laws which we see were enacted at this session. The fact must have been, that the word April was introduced in the commencement of the acts of this session, in the edition of 1733, by mistake, and was copied in the revisal of 1752, without reference to the MSS.

« PreviousContinue »