Duties to be

lector to treasurer.

Collectors

on oath.

the hundred, for collecting the said duties, as to him shall seem best.

XVIII. And be it further enacted, That all and evepaid by col- ry such sum and sums of money which shall be raised, collected, and levied, by the said duties, the necessary charges of collecting, managing, and accounting for the same always excepted, shall, from time to time, be accounted for, and paid by the respective collectors thereof, to the treasurer of Virginia, for the time being, upon oath; which oath, the said treasurer is hereand treasur- by impowered to administer; and by the said treasurer er to account shall be accounted for, to the general assembly of this colony, upon oath. And that all and every such sum and sums of money which shall be raised, collected, and levied, by the said duties of three pence upon every gallon of wine, rum, brandy, and other distilled spirits, and of one penny upon every gallon of cider, beer, and ale, over and above the necessary charges aforesaid, are and shall be appropriated, issued, applied, and disposed of, to such use or uses, as the general assembly, from time to time, shall think fit to direct, for lessening the levy by the poll, or defraying any public expence, and to and for no other use whatsoever.

Part of duty payable to trustees of college.

XIX. And, forasmuch as the present revenue of the college of William and Mary, is not sufficient to maintain the full number of masters or professors required by the charter of the said college, and thereby the progress of learning hath been much obstructed, and the will of the roial founders in great measure frustrated,

XX. Be it further enacted, by the authority aforesaid, That the sum of two hundred pounds per annum, out of the said duty of one penny upon every gallon of wine, rum, brandy, and other distilled spirits, by this act imposed, as aforesaid, is and shall be appropriated for the relief of the said college; and for and during the said term of twenty-one years, shall be paid by the said treasurer, half-yearly, in equal portions, unto the surviving trustees of the said college, until the same shall be transferred to the president and masters; and from and after such transfer, then to the president and masters, and their successors, for and towards the maintaining and supporting the full number of masters and professors, which are to reside in the said college.And if, at any time, there shall be no trustee of the said college, residing in this country, before such

transfer shall be made, then the said sum of two hundred pounds shall be, in manner aforesaid, paid to the visitors and governors of the said college, or to such person as they shall appoint to receive the same: And after the said sum of two hundred pounds per annum how approOverplus, shall be so satisfied, then the overplus of all monies priated." arising from the said duty, shall be applied to such other use or uses, as the general assembly shall think fit to direct, as aforesaid.

XXI. And be it further enacted, by the authority Houses may aforesaid, That it shall and may be lawful, to and for be broken, all and every the collector or collectors of the duties where duties laid by this act, to enter into any house, warehouse, or are not paid. storehouse, in the day time; or if occasion be, by warrant under the hand of a justice of the peace, and in company with a constable, to break open, in the day time, any house, warehouse, or storehouse, to search for, seize, and carry away, any liquors on which a duty is laid by this act, and for which the said duty shall not have been paid, according to the directions herein given. And if any such collector or constable shall be sued or molested, for any thing done, in execution of the powers hereby given them, such collector or constable shall and may plead the general issue, and give this act in evidence; of which, the court where such suit shall be brought, shall allow: And if, in such suit Double costs the plaintiff shall be nonsuited, or a judgment shall pass against him, the defendant shall recover double costs.

triet to ano

XXII. And be it further enacted, by the authority Liquors,how aforesaid, That all and every master or commander transported from one disof any ship, boat, or other vessel whatsoever, that from and after the commencement of this act, shall ther. transport or carry any liquors, on which a duty is laid by this act, from one district to another, within this colony, shall, before he depart out of the district wherein such liquors shall be laden or taken on board, make oath, before the collector of the duties in the said district, to the true quantity of the liquors so on board, to be transported; and that he will not take, or suffer to be taken, on board the said ship, boat, or other vessel, any more liquors, on which a duty is laid, by this act; and shall also take a certificate from the said collector, of the quantity of liquors then on board, and that such oath hath been made thereto. And if the master of any ship, boat, or other vessel, shall after the commence

ment of this act, deliver or put on shore in any other district, or transport from one district to another, any such liquors, without having made such oath, and obtained such certificate as is herein above directed, such master shall forfeit the value of such liquors: To be recovered and disposed of in such manner, as the penalties and forfeitures herein before mentioned, are directed to be.

[From edit. 1733,p. 355.]

CHAP. II.

An Act appointing a Treasurer.

John Hollo. IB en Burgesses, of this present General As

E it enacted, by the Lieutenant-Governor, Coun

way appoint

cil, and

ed treasurer. sembly, and it is hereby enacted, That John Holloway, Esquire, shall be and is hereby nominated, constituted, and appointed treasurer of the revenues arising by one act of assembly, passed this session, intituled, An Act for laying a Duty on Liquors; and the said treasurer is hereby authorized, impowered, and required, to demand, receive, and take, of and from every collector and collectors, all and every the sum and sums of money, arising by force of the before recited act of assembly: And the said John Holloway is authorized and required to keep and retain all such money in his own custody and possession, until he shall dispose of the same, in such manner, and by such warrant, and for such uses, intents, and purposes, and no other, as are limited, directed, and appointed, in the said act.

His salary.

To give bond and security.

II. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the salary of four per cent. shall be allowed and paid to the said treasurer, out of all and every sum and sums of money by him received and accounted for, to the general assembly, according to the directions of the said act.

III. And be it further enacted, That the said John Holloway, before his entry and admission into the said office of treasurer, and before his taking upon him to execute and manage the same, shall give bond in the secretary's office, with good and sufficient security, in the sum of four thousand pounds, current money, paiable to his majesty, his heirs, and successors, for the true and just performance and discharge of the aforesaid office

and place of treasurer, according to the true intent and meaning of the afore-recited act of assembly.

ed.

IV. Provided always, That in case of the death, de- Vacancy, parture out of the colony, or other legal disability of how supplithe treasurer hereby appointed, that then it shall and may be lawful, to and for the honourable the lieutenant-governor, or the governor and commander in chief, for the time being, with the advice of his Majesty's council, to appoint and constitute such other person as he shall think fit, to execute the said office of treasurer, according to the several rules and directions in this act expressed, who shall hold, have, and enjoy, the said office of treasurer, with all and singular the rights and profits to the said office belonging, until the then next session of assembly; giving such bond and security as herein before is directed; any thing in this, or any other act, to the contrary, in any wise, notwithstanding.

CHAP. III.

An Act to repeal the Act intituled, An Act directing the manner of levying Executions, and for relief of poor Prisoners for debt; and one other Act to explain the said Act; and to declare the Law concerning Executions; and for relief of poor Prisoners for debt.

1.

[From edit. 1733,p. 356.]

Preamble.

HEREAS heretofore, by reason of the scarcity of money in this colony, it was thought expedient that all persons who should be taken in execution, for the satisfying any debt or damages recovered against them in any of the King's courts within this colony, might be at liberty to redeem their bodies, and to discharge such debt or damages, by tendering and delivering sufficient of their goods and chattels: And that all creditors should be bound to accept the same, according to a reasonable valuation thereof, to be made by indifferent men, to be chosen and appointed for that purpose: And it hath also been judged reasonable that when the goods and chattels of any debtor should be taken, by virtue of any writ of execution, for the satisfying any judgment, the plaintiff should accept the same, according to the like valuation. And for that end, one act of assembly, in the fourth year of the reign 38. 4 Anne, ch. of the late Queen Anne, was made, intituled, An act

Chap. 38, 1705, repealed.

directing the manner of levying Executions, and for relief of poor Prisoners for debt: But by long experience thereof, it hath been found, that the indulgence thereby intended to debtors, hath been grossly abused, and sundry dishonest people taking advantage of the defects of the said act, have frequently tendred only such part of their goods and chattels, as were of little value, and of no use to themselves or others; and the partiality of appraisers hath also often concurred to promote such foul practices, and many creditors have rather chosen to lose their debts, than be obliged to pay the overplus of an unjust and excessive appraisement: Which abuses daily more and more encreasing, to the great dishonour of the good people of this colony, and to the discouragement of trade, and the decrease of personal credit among the people here:

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 the said act of assembly, made in the fourth year of the reign of her said late Majesty Queen Anne, intituled, An act directing the manner of levying Executions; and Also ch. 52, for relief of poor Prisoners for debt; and also one other act made in the same year, to explain part of the said act, and every clause, matter, or thing, therein contained, be and are hereby repealed, and utterly made void, to all intents and purposes.

1705.

Fieri facias, elegit, and capias satisfacieudum,

how executed and re

turned.

Teste and return.

III. And forasmuch, as by the common law of England, and divers acts of parliament, which are binding upon the people of this colony, all persons recovering any debt, damages, or costs, by the judgment of any court of record, may, at their election, prosecute writs of fieri facias, elegit, and capias ad satisfaciendum, within the year, for the taking the body, goods, or lands, of the person or persons against whom such judgment is obtained, to satisfy the same: To the end, the said several writs issuing out of any of the courts of record within this dominion, and the manner of executing and returning the same, may be uniform throughout the whole country; and the mischiefs which may arise from the incorrect forms, and insufficient returns of such writs, may be prevented,

IV. Be it enacted and declared, by the authority aforesaid, That the several writs aforesaid, shall be hereafter issued in the King's name, and bear teste, by the