Preamble.

The continuance of this act.

CHAP. XI.

An Act for further continuing aniet intituled, Ax Act for the better gulating and colecting certain officer fees, and other purposes therein mentined.

I. WHEREAS the act of Assemly, made in the nineteenth year of the reign of his prsent majesty, intituled, An ict for the better regulaing and collecting certain efficers fees, and other puposes therein mentioned; which was continued by on other act made in the twenty scond year of his majesty's reign, will expire on the twelfth day of April nex; and it is expedient that the ame should be furthercontinued.

II. B it enacted, by the Liertenant Governor, Council, and Burgesses, of this preseit General Assembly, and it is herby enacted by the authority of the same, That the saidact of Assembly, intituled, An act for the better reglating and collecting certain officers fees, and other purposes therein mentioned, shall continue and be in brce, from and after the said twelfth day of April ext, for and during the term of seven years, from hence next following, and no longer.

Preamble.

CHAP. XII.

An Act for enlarging the fees for granting licences to pedlars.

1 WHEREAS by the act of the General Assembly male in the nineteenth year of the reign of his present majesty, intituled, An act to explain and amend an act, inituled, an act for licensing pedlars, and preventing frauds in the duties upon skins and furrs, every collector of the duties upon skins and furrs is authorised ard impowered, to grant or refuse, at his discretion, to any person or persons applying to him, a license or licences, to trade as a pedlar or pedlars, during the

term of one whole year; the party obtaining such license, entering into such bond, and making such oath as in the said act is directed, and paying down the sum of ten shillings, for the use of the governor or commander in chief of this colony for the time being, and the further sum of five shillings, to the collector granting such licence, for writing the same and the bond aforesaid. And whereas divers vagrant and idle persons, of little worth, having obtained such licenses by reason of the smallness of the fees allowed to be taken for the same, under pretence thereof, commit many frauds and abuses, as well in exchanging with the inhabitants of this colony for their valuable commodities, wares of little or no use, as in exporting skins and furrs without paying duty: For remedy thereof;

without the

II. BE it enacted, by the Lieutenant-Governor, Coun- No collectors cil, and Burgesses, of this present General Assembly, and to grant liit is hereby enacted, by the authority of the same, That censes to from and after the passing of this act, no collector of Pedlars, the duties upon skins and furrs, shall grant to any fee. person, a license to trade as a pedlar, unless such person shall first pay down, besides the said ten shillings for the use of the governor or commander in chief of this colony for the time being, instead of five shillings, the sum of ten shillings to such collector for writing the said license and the bond directed by the abovementioned act of Assembly, and the further sum of twenty pounds for the use of the college of William and Mary: And if any such collector shall presume to grant such license, without having first received the fees appointed by this act, he shall forfeit and pay for every such offence, the sum of one hundred pounds, one moiety thereof to and for the use and better support of the said college of William and Mary, and the other moiety to him or them that will sue or inform for the same; to be recovered with costs, by action of debt, or information; in any court of record in this colony.

CHAP. XIII.

An Act to oblige the prosecutors of offences not capital, to pay the costs of prosecution, where the defendant shall be acquitted.

I. WHEREAS divers litigious persons have proPreamble. cured indictments to be preferred against others of his

majesty's subjects, for assaults and batteries, and other offences not capital, and caused witnesses to be summoned to appear before the grand jury, and at the trials, who attend at a great expence, but if the grand jury do not find the bills, or the defendants are acquitted by the petit jury, such witnesses go unpaid, and the persons accused are put to great trouble and expence without any redress; for remedy whereof;

II. BE it enacted, by the Lirutenant- `overnor, Coun cil, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That when any indictment shall be preferred to the grand jury in the general court, for any matter or cause whatsoever, not touching life or member, his majesty's attorney-general, or the attorney prosecuting for the king, shall, at the foot of the indictment, set down the name or names of the prosecutor or prosecutors, and the place of his or their abode; and if the grand When prosecutors are to jury shall not find the bill, or the person or persons indicted, shall be acquitted by the petit jury, or judg ment shall be given for him or them, such prosecutor or prosecutors shall be liable for all costs and charges occasioned by such indictment, and judgment shall be entered against him or them accordingly, and the clerk of the said court shall tax the lawful fees and allowances to witnesses against him or them, as in civil causes, and executions shall issue in the same manner; any law, custom, or usage to the contrary notwithstanding.

pay costs.

CHAP. XIV.

An Act for laying a public levy, and other purposes therein mentioned.

I. BE it enacted, by the Lieutenant Governor, Couneil, and Burgesses. of this present General Assembly, and it is hereby enacted by the authority of the same, That twelve pounds and an half of tobacco be paid by every tithable person within this dominion, for the detraying and payment of the public charge of the country, being the public levy from the twenty-seventh day of October, one thousand seven hundred and forty eight, to the twenty-seventh day of February, one thousand seven hundred and fifty two; and that it be paid by the collector of the several counties, to the several persons and counties respectively, to whom it is proportioned by this General Assembly; and if it shall happen that there shall be more tithables in any county than the present levy is laid on, then such county shall have credit for so much to the use of the county; and fewer tithables in any county, then such county shall bear the loss.

The public

le vy.

II. Provided always, That where any allowance is Proviso. made in the book of proportions, to any county, to be paid in the same county, no more per poll shall be collected, from the tithables of such county, than will discharge the ballance, after such allowance shall be deducted, and that every county court shall regulate the levy accordingly.

III. And be it further enacted, by the authority afore- sheriff to said, That the sheriff of every county shall, at the time give bond. of giving bond, for the due collection and payment of the next county levy, also give bond and security for the collection and payment of the public levy, now laid and assessed.

IV. And whereas there is a ballance of sixteen thousand two hundred and four pounds of tobacco, due to the public, which is levied on the counties of Westmoreland, and King and Queen, as appears by the book of proportions, Be it further enacted, by the authority aforesaid, That the sheriff of the said counties of Westmoreland, and King and Queen, shall sell the respective sums of tobacco, levied in his county, as a

depositum for the use of the public, to the highest bidder, at the court of each county respectively, in the month of June, next after receipt of the same, and pay the money, arising from such sale, to the treasurer of Virginia, to be by him accounted for, to the next session of Assembly.

CHAP. XV. ·

An Act for appointing a Treasurer.

I. WHEREAS by one act of Assembly, made in the twenty-second year of the reign of his present majesty, John Robinson, the younger, esq. was appointed treasurer of the revenue arising from the duty upon liquors, and slaves, laid and imposed by one act of Assembly, made in the nineteenth year of his majesty's reign. 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 fifth and sixth years of his said majesty's reign, intituled, An act for laying a duty upon slaves, to be paid by the buyers, 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. 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:

II. 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, That from and after the passing of this act, John Robinson, esq. shall be, and he is hereby nominated, constituted, and appointed treasurer, of the revenue 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 on liquors, into one act of Assembly; and by one other act, made in the twenty-second year of his said majesty's reign, intituled, An act for contin