Duties, on

goods imported, to support the navy.

lings and three pence, a lieutenant six shillings, a mas... ter five shillings, a mate, four shillings, a midshipman two shillings and nine pence, a quartermaster two shillings and nine pence, a boatswain four shillings, a boatswains mate two shillings and nine pence, a sail maker two shillings and nine pence, a gunner four shillings, a gunner's mate two shillings and nine pence, a quarter gunner two shillings and six pence, ani armourer two shillings and six pence, a carpenter four shillings, a carpenter's mate two shillings and six pence, carpenter's crew two shillings each, a surgeon six shillings, surgeon's mate three shillings, and master at arms two shillings and six pence, per day, in specie, and in case specie cannot be procured, then as much paper money as will be equivalent to each officers pay as above, to be ascertained in the same manner as the pay of the seamen and mariners, shall be received by each officer.

IV. That vessels of war in the service of this commonwealth may be properly supported, for the purpose of protecting the trade of Chesapeake bay, the following duties shall be paid by the owner or master of every merchant vessel to the naval officer of the port where such merchant vessel enters, to wit: A duty of fifteen pence in specie, shall be paid by the owners of each merchant vessel upon every ton such vessel will carry, which shall be ascertained by the register of such merchant vessel; upon every gallon of rum, gin, brandy, and other spirits, imported into this commonwealth by water, a duty of one penny in specie shall be paid; upon Madeira wine four pence per gallon; upon all other wines two pence per gallon in specie; upon molasses and other syrups a duty of one penny per gallon; upon coffee a duty of one shilling per hundred weight shall be paid; upon loaf sugar one shilling and six pence for every hundred weight shall be paid; upon clayed sugar one shilling and three pence shall be paid for every hundred weight; upon Muscovado sugar there shall be paid a duty of one shilling for every hundred weight; upon all imported dry goods, except salt, munitions for war, and iron from Maryland, there shall be paid one per centum upon the value, to be ascertained by the cost thereof, at the port where laden or put on board, by the captain or owner of the vessel importing the same. The duties hereby imposed, shal!

be paid in specie or current money of this commonwealth equivalent thereto (the ratio whereof shall from time to time be fixed by the governour and council and transmitted to the respective naval officers) by the captain or owners of all and every vessel or vessels, at the port of importation, to the naval officer of the district with whom such.vessel or vessels shall be entered; for the true and due collection whereof, every captain of a vessel shall at the time of entering the same, give bond and approved security to the naval officer, well and truly to pay the same within one month after such importation, the penalty of which bond shall be two thousand pounds specie, for a vessel of one hundred tons burthen, and one thousand pounds like money for a vessel of fifty tons burthen, and so in proportion for a larger or smaller vessel trading to this state; and where any vessel importing any of the dutiable articles aforesaid shall arrive in this state, the captain of which shall fail to give such bond as aforesaid, to the naval officer with whom his vessel shall be entered, at the time of entering the same, such vessel with her tackle apparel and furniture shall be subject to seizure by the naval officer or his deputy for the district wherein such vessel lies, and shall be forfeited, one half to the use of the commonwealth, the other half to the use and benefit of the naval officer or other person prosecuting for the same. And where any captain or commander of a vessel, trading to this commonwealth, shall after having entered into bond as aforesaid, secrete or conceal, or where the owner or owners of such vessel shall se-: crete or conceal any of the dutiable articles aforesaid, to avoid the payment of the duty imposed upon the same, the vessel with her tackle, apparel, rigging, and furniture, shall be forfeited therefor, one half of which forfeiture shall be to the use of the commonwealth, the other half to the person or persons who shall inform and prosecute for the same. To prevent delays in the payment of the duties hereby imposed, it shall and may be lawful for the general court, or court of the county wherein the naval office is kept, for the district within which any failure may happen, upon motion made by such naval officer, to give judgment against the person making default and his securities, their heirs, executors, and administrators, for the sum remaining due, with costs, and to award execution for the same, the

How collected.

parties having ten days notice of such motion. Each and every naval officer, before he enters upon the duties of this act, shall give bond with approved security, payable to the governour of the commonwealth forthe time being, in the penalty of ten thousand pounds specie, conditioned, for the true and faithful performance of the duties hereby required of such naval officer, and in case of refusal, shall forfeit his office. Each and every naval officer after having entered into bond as aforesaid, which bond shall be lodged in the auditors office, shall once in every six months settle his accounts with the said auditors of publick accounts and after deducting five per centum for his commissions, shall pay the balance due from him for the duties hereby imposed, into the treasury, stating in each account by him rendered, from whom and for what the duties by him to be collected were paid. As an encouragement to captains and masters of vessels to make a true ters of ves and faithful return of dutied goods, they shall be al sels to make lowed to import in any vessel of one hundred tons burthen, two hundred pounds worth at first cost of goods, duty free, and to captains of any vessel of fifty tons burthen, there shall be allowed the privilege of importing one hundred pounds worth of goods at first cost, duty free, and so in proportion for larger or smaller vessels; but this privilege shall nevertheless be forfeited upon discovery of willful concealment or an untrue report made by any such captain or commander to the naval officer.

Encourage

ment to mas

a truc re

port.

1

trial of offen

ders.

V. The rules and regulations established by com Regulations of congress gress, shall in future be observed in this state, for the adopted for trial and punishment of all offenders in the navy of this commonwealth, and the workmen employed in the publick ship yard, foundery, rope walks, and other publick works, shall be and they are hereby declared to be exempt from military duty of every kind, if engaged to serve for six months. The duties hereby to be collected, shail be appropriated solely to the purposes of the navy of this commonwealth, and a distinct and separate account thereof shall be kept by the treasurer, stating the monies received upon these funds and Allowance the expenditure thereof. The pay-master, for his serto pay-mas- vices herein, shall be allowed two and a half per cen

tum upou all the money by him expended in discharge of the duties hereby imposed upon him, in lieu of all former pay by him heretofore received.

VI. For the more effectual future protection of the trade of Chesapeake bay, the commissioner of the na- to be built Two gallies vy shall, and he is hereby required, to obtain as spee- of the same dily as possible, a true and exact plan of the gallies construction built by order of congress, at Philadelphia, in the year as those at of our Lord one thousand seven hundred and seventy Philadelphia six, and as soon thereafter as may be, to cause two galleys of the same size and on the same construction, to be built and equipt to carry two thirty two pounders in the bow, and the like number in the stern, with six pounders at the sides; the said galleys shall be rigged as the commissioner of the navy shall direct, and the rigging, sails, guns, and other materials, shall be provided while the said gallies are on the stocks, to the end that no time may be lost in equiping them for a cruise after they shall be launched.

least half

VII. And whereas by an act of assembly passed in Courts shall the year of our Lord one thousand seven hundred and bind out at forty eight, entitled "An act for the better management their male and security of orphans and their estates," the county orphans to courts are directed to cause such orphans coming un- the sea.. der certain discriptions therein mentioned, to be bound out, Be it enacted, That the same shall be, and is hereby amended, so far as that the said county courts, instead of binding out all such orphans as shall come within the description in the said act contained, they shall and are hereby empowered and required to cause one half of such male orphans at least, who may live below the falls of the respective rivers in the eastern parts of this commonwealth, to be bound to the sea, under the most prudent captains that can be procured to take them.

VIII. To the end, that an hospital for the relief of Hospital for sick and disabled seamen may be established, the seve- seamen esral and respective naval officers within this common- a duty on tablished, by wealth shall receive from each captain or commander mariners. of any vessel belonging to the same, at the time of their entrance or clearance, nine pence a month in specie, or an equivalent in current money as aforesaid, out of the wages due to the seamen on board his vessel, an account of which, each and every captain is hereby required to render upon oath, and pay to such naval officer, before he shall be permitted to clear or enter his vessel. And the paymaster of the navy shall deduct out of the wages due to the seamen and mariners in VOL. X.

Y 2

Where hos

ted.

the state, the like sum from their monthly pay, which sums, when collected, shall be paid by the naval officers and pay-master respectively, into the hands of such person as the governour, with the advice of council, shall appoint, the naval officer deducting therefrom five per cent. for his trouble of collection; and the hospital shall also be established at such convenient place as pital situa. the governour, with the advice of council, shall fix upon, and be under the management of some proper person by him to be appointed for that purpose. All the other vessels belonging to this commonwealth, not here in before-mentioned, shall immediately be sold, under the direction of the commissioner of the navy, for the most that can be got for the same, in such manner as shall be most conducive to the publick interest; and the money arising from such sale shall be applied to the purposes of the navy.

further powers to the

governor & council, re

vived and continued.

CHAP. XXXII.

An act to revive and amend an act entitled An act for giving farther powers to the governour and council.

WHEREAS the act passed last session of assembly Act giving entitled "An act for giving farther powers to the governour and council," has expired, and it is expedient and necessary that the same should be again revived and amended, Be it therefore enacted, That the said recited act is, and stands hereby revived, and shall continue and be in force from and after the passing hereof, until the end of the next session of general assembly. And whereas by the arts of the enemy joined by disaffected persons, riots have taken place in some counties injurious to the peace and dignity of government; to prevent such pernicious practices in future, and in order to aid the civil power in the due and effectual execution of the laws, Be it enacted, That wherever