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CHAP. XXI.

[Ch. LXI. In original.]

An act to authorize the manumission (Chan Rev.

of slaves.

p. 159.]

1. WHEREAS application hath been made to this Preamble. present general assembly, that those persons who are disposed to emancipate their slaves may be empowered so to do, and the same hath been judged expedient under certain restrictions: Be it therefore enacted, That How slaves it shall hereafter be lawful for any person, by his or maybe e mancipated. her last will and testament, or by any other instrument in writing, under his or her hand and seal, attested and proved in the county court by two witnesses, or acknowledged by the party in the court of the county where he or she resides, to emancipate and set free, his or her slaves, or any of them, who shall thereupon be entirely and fully discharged from the performance of any contract entered into during servitude, and enjoy as full freedom as if they had been particularly named and freed by this act.

by former

court.

II. Provided always, and be it further enacted, That Aged or inall slaves so set free, not being in the judgment of the firm to be court, of sound mind and body, or being above the supported age of forty-five years, or being males under the age mastera of twenty-one, or females under the age of eighteen years, shall respectively be supported and maintained or expence by the person so liberating them, or by his or her es- levied on by order of tate; and upon neglect or refusal so to do, the court of the county where such neglect or refusal may be, is hereby empowered and required, upon application to them made, to order the sheriff to distrain and sell so much of the person's estate as shall be sufficient for that purpose. Provided also, That every person by writ- Copy of in ten instrument in his life time, or if by last will and strument of testament, the executors of every person freeing any be slave, shall cause to be delivered to him or her, a copy delivered to of the instrument of emancipation, attested by the clerk the slave. of the court of the county, who shall be paid therefor, by the person emancipating, five shillings, to be collected in the manner of other clerk's fees. Every person neglecting or refusing to deliver to any slave by him or her set free, such copy, shall forfeit and pay

emancipa

Penalty for neglect on the master;

and on the

slave travel hing out of his county.

Liberated

ten pounds, to be recovered with costs in any court of record, one half thereof to the person suing for the same, and the other to the person to whom such copy ought to have been delivered. It shall be lawful for any justice of the peace to commit to the gaol of his county, any emancipated slave travelling out of the county of his or her residence without a copy of the instrument of his or her emancipation, there to remain till such copy is produced and the gaoler's fees paid. III. And be it further enacted, That in case any slave slave neglec- so liberated shall neglect in any year to pay all taxes and levies imposed or to be imposed by law, the court of the county shall order the sheriff to hire out him or her for so long time as will raise the said taxes and levies. Provided sufficient distress cannot be made upon his or her estate. Saving nevertheless to all and Saving the titles of all every person and persons, bodies politic or corporate, but the per- and their heirs and successors, other than the person son emanci- or persons claiming under those so emancipating their pating. slaves, all such right and title as they or any of them could or might claim if this act had never been made.

ting to pay

levies and

taxes to be hired out to raise them.

C. LẦU

m original.]

Continued

CHAP. XXII.

An act to ascertain the number of by May 1783 people within this commonwealth.

ch. 4.

Preamble.

common.

wealth, how taken.

1. WHEREAS congress have recommended it to the several states to ascertain the number of people therein;

Census of II. Be it therefore enacted, That the court of each people of county within this commonwealth shall divide the same into convenient precincts, and on or before the first day of October next appoint one of the justices for each precinct to take a list of the number of people, both white and black, therein: Every justice so appointed shall give public notice at what place or places he intends to receive the lists, by advertising the same at the most public places within his precinct, and shall, on or before the twentieth of October next following,

deliver to the clerk of the county court a fair list of the Dumber of white and black persons in each family within his precinct, stating the number of whites and blacks separately; from which lists so delivered in, the clerk shall make out a fair copy, and deliver the same to the governor in council, on or before the tenth day of December; and the said clerk shall be allowed for his services herein, such a sum of money as the court of the said county shall think reasonable, to be levied in their next county levy. Every master or owner of a family, or in his or her absence or non-residence at the plantation, his or her agent, attorney or overseer, neglecting or failing to deliver or cause to be delivered to the justice appointed for that precinct, a list of the number of the white and the number of black persons abiding in or belonging to his or her family, before the said twentieth day of October, shall forfeit and pay one thousand pounds of tobacco, to be recovered with costs by information in the court of the county where such neglect or failure may be, and applied towards lessening the county levy. Every justice or clerk of a court refusing or failing to perform the duties respectively required of him by this act, shall forfeit and pay five thousand pounds of tobacco, to be recovered and applied in like manner as is berein before directed in the case of other forfeitures,

VOL. 21.

[Chap. LXIII

CHAP. XXIII.

in original.]

Chan. Rev. An act for defending and protecting the trade of Chesapeake bay.

p. 160.]

See Oct. 1782, c. 34.

of Chesa

peake bay.

paid to com

missioners.

I. FOR defending and protecting the trade and commerce of Chesapeake bay and its dependencies, in the most effectual manner possible under our present circumstances, Be it enacted by the General Assembly, Vessels to be and it is hereby enacted by the authority of the same, provided for That the ship Cormorant and the boat Liberty be improtection mediately and forthwith fitted out and prepared for that purpose: That two row-gallies and two barges or whale-boats, upon such construction and so equipped as may render them most proper for the purpose aforesaid, be forthwith built or purchased at the public exMoney to be pence. In order to defray the expence of purchasing, raised and building or equipping the said vessels, the ship Loyalist, with her appurtenances, shall be sold in such manner and upon such conditions as may be judged best by the commissioners herein after mentioned, and the money arising from such sale shall, by the said commissioners, be applied in such manner as they shall think best towards procuring, equipping and manning Tonnage & the said vessels. There shall also be paid into the import du hands of the said commissioners the sum of one thousand pounds, by the commercial agent, out of the public monies in his hands; and the revenue arising from the duties imposed upon imports and tonnage by an act intituled, "Au act for ascertaining certain taxes and duties and for establishing a permanent revenue, shall be, and the same are hereby set apart and appropriated for the purpose of defending and protecting the trade and commerce of Chesapeake bay and its dependencies; and the treasurer shall, from time to time, pay to the said commissioners or their order, the auditors having duly authorized the same, the money he may receive for such duties, and to no other purpose whatsoever; and the naval officers, instead of accounting for and paying to the treasurer the duties received by them under the said recited act once in six months, shall, and they are hereby directed to account for and pay the monies received by them for the duties aforesaid once every three months, or oftener if it may be con

ties appro priated.

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of the exe.

land, mea

venient. There shall be appointed by the general as- Commissionsembly three commissioners to superintend and pro- ers how to vide for the defence and protection of our bay trade, ed. who shall be, and they are hereby vested with full powers to employ all and every sum or sums of money hereby set apart for that purpose, towards the defence and protection of our trade and commerce in the Chesapeake bay. They shall be under the direction of the To be under executive of this cominonwealth from time to time, the direction and under the inspection of the said executive shall, cutive. from time to time, correspond with the executive of the state of Maryland, or other persons by the said state to be appointed, and concert, together with the state and concert of Maryland, such measures for the co-operation of the with Marymarine force of each state as may be most likely to sares for derender effectual protection to the trade and the citizens fending the of each state on the shores of Chesapeake bay and its bay trade. depennencies; and also consult about such other future operations as may be most likely to effect this desirable end, the plan of which future operations shall, through the hands of his excellency the governor, by the said commissioners be laid before the next succeeding assembly for their approbation. The said com- Power to ad missioners shall have full power on the part of this com- just disputes monwealth, to settle and adjust all disputes that may beers of between the arise between the officers of the two states relative to the two command or otherwise, and to direct and controul the states. procuring, building and equipping the said vessels in such manner as they shall judge most advantageous to

capes.

the said service: Provided, That they shall in no in- Vessels not stance order the said vessels upon any duty without the to be sent capes of Virginia And in order to man effectually out of the the said vessels when equipped, the said commissioners may, and they are hereby authorized and directed to take such methods as they may have in their power and which the means bereby furnished them may enable them, towards accomplishing the same. They shall allow such pay, subsistence and other necessaries to the seamen enlisted on board such ships, as may be consistent with the distressed state of our finances at present, and as is consistent with the general service hereby required. Such officers shall be appointed to command the said vessels as are at present in the navy service of this state, according to their rank or such other circumstances as the said commissioners shall

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