General

plead and

the special

matter g. ven in evidence.

under the hand of the said justice of the peace, by distress and sale of the goods and chattels of the offender, to be paid to the informer.

X. And be it further enacted, That if any action, issue may be bill, plaint, or suit, shall be brought against any person or persons for any act, matter or thing to be acted or done, pursuant to this act, that it shall and may be lawful, for all or any person or persons sued as aforesaid, to plead thereunto the general issue, and to give snch special matter in evidence to the jury, who shall try the issue, which special matter if pleaded had been a good and sufficient matter in law, to have discharged the defendant or defendants of the trespass or other matter laid to his or their charge.

Repealing clause.

Continuance.

XI. And be it further enacted, by the authority aforesaid, That so much of the said act as is contrary to this act, shall be, and is hereby repealed.

XII. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force for and during the space of one year, and no longer.

Preamble

CHAP. II.

An Act to amend an act, intituled, An Act for preventing and repelling the hostile incursions of the Indians, at enmity with the inhabitants of this colony.

I. WHEREAS by an act passed at the former session of this present General Assembly, intituled, An act for preventing and repelling the hostile incursions of the Indians, at enmity with the inhabitants of this colony, it stands enacted, That the sum of ten pounds shall be paid by the treasurer of this colony, out of the public money in his hands, to any person or persons. party or parties, either in the pay of this colony or other inhabitants thereof, for every male Indian enemy, above the age of twelve years, by him or them taken prisoner, killed or destroyed within the limits of this colony, at any time within the space of two

years, after the end of the said session of Assembly. And whereas the said act would prove more beneficial in case our friendly Indians had been entitled to the rewards therein mentioned;

II. Be it therefore enacted, by the Lieutenant-Governor, Indians in Council, and burgessess, of this present General Assem- amity with this colony bly, and it is hereby enacted, by the authority of the same, entitled to That the sum of ten pounds shall be likewise paid by the reward the treasurer of this colony, to any Indian or Indians for killing, in friendship and amity with the inhabitants of this &c an Incolony, for every male indian enemy, above the age of twelve years, by him or them taken prisoner, killed or destroyed, within the limits of this colony, at any time within the space of one year, after the end of this session of Assembly:

dian enemy.

present hos

III. Provided, That in case the present hostilities When the shall cease, within the said one year, and the govern- tilities cease, or, or commander in chief of this colony, with the ad- governor, vice and consent of the council, shall by proclamation &c. may by signify the same, and direct the said reward to be dis- proclamacontinued, then the said reward shall immediately af- tinue the reter publishing the said proclamation, cease, and be ward. discontinued accordingly. And to entitle our said friendly Indians, to the said reward:

tion discon

dians may

IV. Be it further enacted by the authority aforesaid, How our That every indian enemy, so to be taken by our friend- friendly Inly Indians or any of them, shall be delivered to the become enkeeper of the public goal in the city of Williamsburg, titled to the to be by him safely kept, until discharged by the go- reward. vernor, or commander in chief of this colony; and the scalp of every Indian so to be killed or destroyed by our friendly Indians, as aforesaid, shall be produced to the governor, or commander in chief, by the Indian or Indians, killing or destroying such Indian enemy, and he or they shall give sufficient satisfaction of the time and place of his or their taking prisoner, killing or destroying such Indian enemy, to the governor, commander in chief, who is thereupon desired to issue his warrant to the treasurer, for paying the reward aforesaid: And the governor is hereby desired to notify this act to the neighbouring Indians, under the protection of, or in alliance with his majesty, as soon as conveniently may be.

Preamble.

Where sher

it's have not given secu

rity accord ing to former

acts.

CHAP. III.

An Act for the better collecting the Land

and Poll-Tax.

1. WHEREAS some sheriffs have refused or been unable to give security for collecting the taxes imposed by one act of Assembly, made in the twenty eight year of his majesty's reign, intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects, against the insults and encroachments of the French, and one other act, intituled, An act to explain an act, intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects, against the insults and encroachments of the French, and for other purposes therein mentioned; and no other collectors have been appointed in their stead, by the courts of the counties where such refusal or inability hath happened pursuant to the directions of the said acts; to prevent the inconveniences that may arise thereby,

II. 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 where any sheriff hath not given security, and shall neglect or refuse to give security, for collecting any of the said taxes in the manner by the said acts prescribed, within three months after the passing of this act, every such sheriff shall forfeit and pay the sum of one hundred pounds; and the justices of the court where such neglect or refusal shall happen, shall and they are hereby required to order the person appointed to prosecute for the king in such court, to exhibit an information in the name of our sovereign lord the king, against such sheriff for recovery of the same, which when recovered, shall be paid to the treasurer of this colony, for the time being, and applied to the same uses as the said taxes are directed to be applied: Provided always, That if such sheriff shall in open court on his corporal oath depose, that he hath used his best endeavours to procure such security, and cannot get the same, then he shall not be liable to such penalty.

their stead.

III. And be it further enacted, by the authority afore- Where shersaid, That where any sheriff shall refuse, or be unable iffs are unable to give to give security, within the time herein before limitted, such securifor the collection of the said taxes or any of them, and ty, governor no other person will undertake the same, then and in to appoint every such case, the court of the county where such others in refusal or inability shall happen, shall certify the same to the governor, or commander in chief, for the time being, who upon such certificate being produced to him, is hereby impowered and desired to appoint some other fit and able person to be sheriff of such county in the room of the sheriff so refusing or disabled, as aforesaid, which person so appointed as aforesaid, shall at the next court to be held for his county, after the date of his commission, give bond and security for the due collection and payment of the money laid and assessed by the said above mentioned acts, and shall account for and pay the same, in the same manner, as is directed by the said acts, and shall be subject to the same penalty, for refusing or neglecting to give security, recoverable in the same manner, as is herein before directed.

CHAP. IV.

An Act for settling the rents of the public warehouses and inspectors salaries, for

this present year.

I. WHEREAS the salaries of the several inspec- Preamble. tors at the public warehouses are more than sufficient to compensate them for their trouble and service, in inspecting the short crop of tobacco, made this present year, and will be a great expence and unnecessary burthen to the public,

II. Be it therefore enacted, by the Lieutenant-Govern- Inspectorsinor, Council, and Burgesses of this present General As- stead of their sembly, and it is hereby enacted by the authority of the salaries to receive three same, That the salaries directed to be paid to the inshillings per spectors at the several public warehouses, for the in hogshead. spection of tobacco in this colony be and are hereby dis

contiued for this present year, and in lieu thereof, the said inspectors shall retain to their own use three shillings, for every hogshead of crop tobacco, and five shillings for every hogshead of transfer tobacco, which has been or shall be delivered by them. respectively, between the twentieth day of October, in this present year, and the twentieth day of October next, over and above the six pence allowed for nails, for every hogshead of transfer tobacco, out of which nevertheless, they shall pay to the proprietors of the Proprietors said warehouses, eight pence for every hogshead that shall be delivered out of such warehouses, within the time aforesaid.

instead of their rents

to receiv 8d. per hogs. head.

III. And be it further enacted, by the authority aforesaid, That the proprietors of all warehouses, which have a certain and established rent by law, shall inInspectors to stead of such rent, receive eight pence for every hogshead of tobacco, delivered as aforesaid, and no more:

account.

IV. Provided nevertheless, That the several inspectors shall account for and pay to the treasurer, all sums of money arising by the said three shillings, and five shillings per hogshead, over and above their salaries, established by law, and the eight pence per hogshead, due to the proprietors of the respective warehouses.

Preamble.

CHAP. V.

An Act to enable the inhabitants of this colony to discharge their Tobacco debts in money, for this present year.

I. WHEREAS by reason of the great drought a very small quantity of tobacco is made, so that the inhabitants of this colony are not able to pay their public, county and parish levies, and the officers fees, and other tobacco debts in tobacco for this present year, according to the directions of the laws now in force; for remedy whereof, and to prevent the sheriffs and other collectors of the public dues, from taking advan tage of the necessities of the people, and exacting exorbitant prices for tobacco, due or payable to them from the poor and needy,