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shall not be compelled to go out of the said city, on any military service, without the express order of the go. vernor or commander in chief of the said colony and dominion, for the time being, or, in his absence, without the order of the said maior, recorder, and aldermen, or the major part of them. And the said maior, recorder, and aldermen, or the major part of them, in their said court of hustings, upon the complaint of any officer or officers appointed to command the militia within the said city; and upon sufficient proof, shall and may give judgment against any person or persons listed under the command of such officer or officers, for the fines which such person or persons shall be liable to, by means of his or their not appearing, or not doing his or their duty at any muster, or upon any other service within the said city; and may also issnie warrants for levying such fines as the officers of the militia, in the respective counties of this colony, may or do. And this act is hereby declared to be a public act; This a pub.

lic act. and as such, shall be construed, deemed, and taken.

CHAP. XI.

An Act for dividing Saint Stephen's Parish, in the

County of King and Queen.

CHAP. XII.

An Act for dissolving the Parish of Wilmington, in the

Counties of James City and Charles City; and adding the same to other parishes.

CHAP. XIII.

An Act for confirming the title of John Fox, gentleman,

to certain Lands formerly purchased of the Pamunky
Indians.

CHAP. XIV.

An Act for vesting the Fee Simple Estate of certain en

tailed Lands in William Meriwether, gentleman, and for desting five Negro Slaves, therein mentioned, in Sarah Brechin, and the heirs of her body.

CHAP. XV.

An Act for vesting the Fee-Simple Estate of certain en

tailed Lands in Pierce Butler and Paulin Anderson; and for vesting other Lands therein mentioned, in Robert Stubblefield, in fee tail.

Signed by Hugu DRYSDALE, Esq. Governor.

JOHN HOLLOWAY, Speaker.

AT A

General assembly, ,

Hugh Dryg dale, Esq. Governor.

SUMMONED TO BE HELD AT

The Capitol, in the City of Williamsburg, the fifth day

of December, in the ninth year of the reign of our
sovereign lord George, by the Grace of God, of
Great Britain, France, and Ireland, king, defender
of the fuith, fc. and in the year of our lord, 172..
And by writ of prorogation, begun and holden on
the ninth day of May, 1723. And from thence con-
tinued by several prorogations, to the twelfth day of
May, 1726: being the second session of this pre-
sent Assembly.

CHAP. I.

[From edit. 1733, p. 350.)

An Act for laying a duty on Liquors.

I. AY it please your most excellent majesty, we

Preamble. the burgesses of this your Majesty's most antient colony and dominion of Virginia, now met in assembly, taking into our consideration the expediency of raising a competent revenue,for defraying such expences of your Majesty's government here, as must otherwise be discharged by a poll-tax, which hath frequently been very grievous and burtbensome to the subjects of the said colony, and occasioned great discontents and uneasiness among them; and being likewise piously affected to the furtherance of the college of William and Mary, founded in this colony, by your Majesty's roial predecessors king William and queen Mary, of blessed memory, for the education of our youth in the liberal arts and sciences, and propagating the gospel among the western Indians; the progress of which good work, by a long series of misfortunes and accidents, and by the decay of the revenue thereof, hath been so much obstructed, that the charitable design of the founders hath not hitherto been fulfilled: And lest it should be a reproach

to us not to contribute our assistance to the perfecting a work of such importance to us and our posterity, have given and granted to your Majesty, the several duties herein after mentioned; and do most humbly beseech

your Majesty, that it may be enacted. Duty onwine

II. And be it enacted by the Lieut. Governor, Counand spirits cil and Burgesses, of this present General Assembly, and imported. it is hereby enacted, by the authority of the same, That

for every gallon of rum, brandy, and other distilled spirits; and for every gallon of wine, which from and after the tenth day of June next, shall be imported or brought into this colony and dominion, from any port or place whatsoever, the duty or custom of three pence, shall be paid by the owner or importer of the same, for

and during the term of five years: And that one other Additional duty, of one penny for every gallon of the said liquors, duty.

which, from and after the said tenth day of June, shall be imported or brought into this colony, as aforesaid, shall be paid by the owner or importer thereof, for and during the term of twenty-one years from thence next

following: Duty on ci.

III. And be it further enacted, That every gallon of der beerfand cider, beer, or ale, which, from and after the said ale,

tenth day of June, shall be imported or brought into this colony and dominion, from any port or place whatsoever, the duty or custom of one penny, shall be paid by the owner or importer of the same, for and during the term of five years.

IV. Provided nevertheless, and it is hereby enacted Exception as and declared, That no duty or custom whatsoever, shall to liquors be required or paid for any of the liquors before enumeimported di. rectly from rated, that shall come directly from Great-Britain; Great-Bri.

but that all such liquors shall remain and continue extain. empt and free from any imposition, duty or custom, le

vied or required by this act, as if this act had never been made.

V. And be it further enacted, That no liquors whatEntry how soever, liable to a duty or custom, by virtue of this act, to be made. shall be landed, put on shore, or any other way deli

vered out of the ship or vessel importing the same, before due entry be made thereof, with the collector of the duties, in the port or place where the same shall be imported, or before the duty due and paiable for the same, by virtue of this act, shall be fully satisfied, and a warrant had, under the hand of the said collector, for

a

landing or delivery thereof: And that all liquors land. ed, put on shore, or delivered, contrary to the directions, and true intent and meaning of this act; or the va- Penalty for lue thereof, shall be forfeited and lost; and shall and landing with. may be recovered of the importers or owners of the

out entry. same.

VI. And be it further enacted, That no liquors liable to any of the said duties, which shall be imported or brought into this colony, by any person or persons whatsoever, shall be landed, or put on shore, until due entry be made thereof, with the collector of the duties upon liquors, in such port or place, and a true account be given of the gallons every cask doth contain, upon oath, upon pain of forfeiting double the value of the liquors so landed, or put on shore.

VII. And be it further euàcted, That the master or purser of every ship, bark, or other vessel, importing liquors liable to any duty or custom, by virtue of this act, to any port or place within this colony and domi. nion, shall make a true and just entry, upon oath, with the collector of the duties upon liquors, in the said port or place, of the burthen, contents, and lading of such ship, bark, or other vessel, with the particular marks and numbers of every cask therein, laden with liquors, to the best of his knowledge; and also where, and in what port, the same were laden or taken on board, upon penalty of forfeiting one hundred pounds, current money.

VIII. Provided always, and it is hereby enacted and wines, how declared, That no person or persons whalsoever, shall entered. be required to give an account, upon oath, of the true contents of any pipe or cask of wine imported directly from the place where the same was made; but that, upon every such importation of wine, the owners or importers thereof, shall have liberty to enter a pipe at one hundred gallons, and all lesser cask after the same proportion; any thing in this act contained to the con. trary, or seeming to the contrary, notwithstanding.

IX. And for the better encouragement of all persons Encouragewhatsoever, to make due entry and paiment of the se- ment to pay veral impositions, duties, or customs, laid upon liquors,

duties. by virtue of this act. X. Be it further enacted, That in consideration of

Allowance filling and leakage, every collector of the said imposi- for leakage. tions, duties or customs, shall be and is hereby autho

T-Vol. 4.

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