blow given, during his or her correction; by his or her owner, for any offence by such slave committed, or for or by reason of any accidental blow whatsoever, given by such owner; no person concerned in such dismembring correction, or accidental homicide, shall undergo any prosecution or punishment for the same; unless upon examination before the county court, it shall be proved, by the oath of one lawful and credible witness, at the least, that such slave was killed wilfully, maliciously, or designedly; neither shall any person what- Manslaught

soever,

any

er of a

slave

be indicted for the murder of who shall slave, and upon trial, shall be found guilty only of not punisha

manslaughter, incur any forfeiture or punishment for such offence or misfortune.

ble.

XX. Provided always, That nothing herein contain- But, only to ed, shall be construed, deemed, or taken, to defeat or extend to barr the action of any person or persons, whose slave owners. or slaves shall happen to be killed by any other person whatsoever, or whose slaves shall happen to die thro' the negligence of any surgeon, or other person, undertaking the dismembring or cure of such slave, liable to such punishment by this act: But that all and every owner or owners of such slave or slaves, shall and may bring his or her action, for recovery of damages for such slave or slaves so killed or dying, as if this act had never been made.

tithables.

XXI. And be it further enacted, by the authority a- What free foresaid, That all free negros, mullattos, or indians, negroes, &c, (except tributary indians to this government) male and female, above the age of sixteen years, and all wives of such negros, mullattos, or indians, (except before excepted) shall be deemed and accounted tithables; any law, custom, or usage, to the contrary, in any wise, notwithstanding.

Children of

XXII. And be it further enacted, by the authority aforesaid, That where any female mullatto, or indian, female muby law obliged to serve 'till the age of thirty or thirty- latto or inone years, shall during the time of her servitude, have dian, born in any child born of her body, every such child shall serve how long to the master or mistress of such mullatto or indian, un- serve. til it shall attain the sameage the mother of such child

was obliged by law to serve unto.

servitude,

XXII. And be it further enacted, by the authority Free negros, aforesaid, and it is hereby enacted and declared, That &c. not to no free negro, mullatto, or indian whatsoever, shall vote.

1

;

How this act to be read

ed.

hereafter have any vote at the election of burgesses, or any other election whatsoever.

XXIV. And be it further enacted, That the churchwardens of each parish, within this his Majesty's coand publish-lony and dominion, at the charge of their parish, shall provide a true copy of this act, and cause entry thereof to be made in the register book of each parish; and shall, on some Sunday in the months of April and October, yearly, after divine service ended, at the door of every church and chapel in their parish, publicly read the same. And the sheriff of each county shall, at the court held for the county, in the months of June or July, yearly, publish this act, at the door of the courthouse of the said county. And every churchwarden and sheriff making default herein, shall, for each time so offending, forfeit and pay five hundred pounds of tobacco, to the informer: To be recovered, with costs, by action of debt, in any court or courts of record within this colony and dominion. And the minister or reader making default herein, shall, for each time so offending, forfeit and pay two hundred pounds of tobacco, to the informer: To be recovered, with costs, before any justice of the peace of the county wherein such default shall happen.

Penalty for failure.

clause.

XXV. And be it further enacted, by the authority Repealing aforesaid, and it is hereby enacted, That the act of assembly, made in the fourth year of the reign of our late sovereign lady Queen Anne, intituled, An act for the speedy and easy prosecution of Slaves committing capital crimes, be from henceforth repealed and made void, to all intents, constructions, and purposes.

CHAP. V.

An Act for the better and more effectual improving the staple of Tobacco.

CHAP. VI.

An Act for the better securing the paiment of levies; and restraint of vagrant and idle people; and for the more effectual discovery and prosecution of persons having bastard children.

CHAP. VII.

An Act for the transportation of Dick, and other Negro

Slaves,

CHAP. VIII.

An Act appointing a Treasurer; and impowering him to receive the Monies in the hands of the late Trea

I.

surer.

E it enacted, by the Lieutenant-Governor, Coun

Dcil, and Burgesses of this present General Assem- Monies arisbly, and it is hereby enacted, by the authority of the ing from du ty on liquors same, That all and every sum and sums of money to be and slaves to raised by one act of assembly, passed this session, inti- be paid to tuled, An act for laying a duty on liquors and slaves, the treasurbe constantly accounted for, and paid, by the collectors or receivers thereof, to the treasurer of this his Majesty's colony and dominion, for the time being.

er.

ed treasurer.

II. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That John Holloway, John HolloEsquire, shall be and is hereby nominated, constituted, way appointand appointed, treasurer of the revenues arising by the before specified act; 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 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 be ordered and required to dispose of the same, in such manner, and by such warrant, and for such uses, intents, and purposes, and no other, as are limited, appointed, and directed, in the said act.

III. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the salary of four His salary. 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.

IV. And be it further enacted, That the said John Holloway, before his entry and admission into the said Must give office of treasurer, and before his taking upon him to curity.

3

bond and se

execute and manage the same, shall give bond in the secretary's office, with good and sufficient security, in the sum of six thousand pounds, sterling, 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.

Vacancy'how V. Provided always, That in case of the death, desupplied. parture out of the colony, or other legal disability of the treasurer hereby appointed, that then it shall and may be lawful, to and for the honorable the lieutenantgovernor, 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.

Burgesses wages for this session.

VI. And forasmuch, as a poll-tax hath always been esteemed grievous and burthensome to the people of this colony, and discharging the salaries of the burgesses in money, hath, by late experience been found an expedient agreeable, satisfactory and easy, to the people, in all parts throughout this colony, Be it therefore enacted, and it is hereby enacted, That the several burgesses of this assembly, be paid for their several attendances, coming and returning, this session, in current money, at the rate of ten shillings per hundred for tobacco.

VII. And lest any doubt should be made, concerning the several sums of four thousand pounds, and twelve nies in hands hundred pounds, now in the hands of Peter Beverley, of treasurer, Esquire, supposed by some persons to have been approfor premiums priated to particular uses, mentioned and expressed in one act of assembly, intituled, An Act for encouraging the making of Tar and Hemp, made at a general assembly, in the eighth year of the reign of his present Majesty; Be it therefore enacted and declared, That the said several sums of four thousand pounds, and twelve hundred pounds, in the hands of the said Peter Bever

ley, Esquire, are not, and were not, by the last beforementioned act of assembly, nor was any part thereof, set apart and appropriated for any particular uses or purposes in that act mentioned, or for any other particular uses, intents, or purposes whatsoever: But that the several sums of four thousand pounds, and twelve hundred pounds, in the hands of the said Peter Beverley, Esquire, do remain unappropriated and under the power of this assembly, to be disposed of in such manner, and to such uses, for lessening the levy by the poll, as this assembly shall judge reasonable. And that if, at any time it should happen, that there should be a deficiency of money, in the hands of the treasurer of this colony, for the time being, to discharge, pay, and satisfy, the several premiums, rewards, or bounties given, or intended to be given, by the said last before mentioned act; in such case, such deficiency ought to be made good, and such rewards or bounties are and ought to be paid out of the first money that shall thereafter come into the hands of the treasurer, for the time being, by virtue of any imposition act, or any other money in the hands of such treasurer, not then appropriated.

VIII. And it is hereby further declared, That this present general assembly, and all other assemblies, are bound and obliged to take care and provide, that there may always remain unappropriated, in the hands of the treasurer of this colony, for the time being, sufficient money to discharge and satisfy all and every the premiums, rewards, or bounties given, or intended, by the last before-mentioned act, as the same may be severally demanded, or become paiable, or otherwise, to make good the same, by the speediest methods possible.

IX. And be it further enacted, That the said Peter Beverley, esquire, do and shall, immediately after the passing of this act, pay unto the above named John Holloway, esquire, the sum of three thousand pounds; and within six months after, all and every such other sum and sums of money, which he the said Peter Beverley hath received, by virtue of his being treasurer, of the impositions or duties on liquors or slaves, or either of them, which at the passing of this act shall remain in the hands of him the said Peter Beverley, esquire, to be accounted for to the general assembly; and not

S-Vol. 4.