Officers sued, how

der to unlade the goods or merchandizes imported i her, or in order to lade and take on board any tobacco or other goods or merchandize for exportation out of this commonwealth, that are subject by the laws now. in force to pay tonnage, shall be gauged and measur ed in the manner following, that is to say: Every ship or vessel shall be measured by the length of the gundeck; deducting three fifths of the greatest breadth from outside to outside, and multiplying the product by the breadth from out to out (and not within board) and that product again by half the said breadth, and that product divided by ninety four, which will give the true contents of the tonnage, according to which method and rule all ships and vessels shall be measured, and the said tonnage shall be computed and collected accordingly; any custom, practice or usage, to the contrary, notwithstanding. And the naval officer of each district, where he has reason to suspect that any ship or vessel is registered at less tonnage than her real burthen, shall be empowered to go on board the said ship or vessel and make a measurement of her as above directed.

XII. And be it further enacted, That if any naval officer, sheriff, constable, or any other person, shall indemnified be sued or molested for any thing done in execution of the powers given them by any act or acts of assembly, for imposing duties and imposts upon any goods, wares, or merchandize, brought within this commonwealth, such naval officer, sheriff, constable, or other person (as the case may be) may plead the general issue and give this act in evidence; and the defendant shall recover double costs, if the plaintiff be cast in such suit; in all actions, suits, or informations to be brought, or when any seizure of liquors, goods, wares, or merchandize, shall be made, if the property thereof be claimed by any person as the owner or importer thereof, the onus probandi shall lie upon such owner or claimer thereof.

CHAP. XXII.

An act directing the auditors to issue warrants in certain cases.

I. BE it enacted by the General Assembly, That the auditors shall, yearly, issue to such of the officers of the state line and navy as are by law entitled to half their warrants for the same.

[Chapter CLXVI in original.j

[Chan Rev. p. 203.]

Auditors to

issue war

rants, for

pay, half pay, to

officers of

navy.

II. And be it further enacted, That the auditors shall state line & make a return of the amount of the said warrants to the To return as next session of assembly, or as soon after as may be, mount to that adequate funds may be provided for the discharge next assem thereof. bly.

CHAP. XXIII.

An act giving certain powers to the -trustees of the town of Portsmouth.

[Chap CLXVII in original.]

1. WHEREAS it is represented to this present gen- Preambles eral assembly, by the inhabitants of the town of Portsmouth, that it would tend greatly to their advantage were the trustees thereof empowered to levy a tax annually on the tithables and real property therein, to be appropriated towards public improvements, and also empowered to make certain other regulations in the said town:

II. Be it therefore enacted, That the trustees of the Trustees of said town, or any four of them, being a majority shall, town of and they are hereby empowered and required, in the authorised month of January annually, to assess the freeholders to assess tax and inhabitants of the said town, so as such assessment es on inha

do not exceed three shillings for every tithable, and bitants. one and an half per centum on the valuation of the real property therein; the said trustees, or the major part of Tolappoint them, shall annually appoint a collector of the said a collectors

VOL. XI.

distress.

tax, who shall give bond with sufficient security, in double the sum to be by him collected, for the due and faithful collecting, accounting for, and paying the said tax to the said trustees, or to such person or persons as they shall direct and appoint, who shall receive a commission of two and an half per centum for his trouble Power of in collecting and paying the same. If any person shall neglect or refuse to pay the tax imposed by virtue of this act, within ten days after the same shall be demanded, it shall then be lawful for the collector to make distress and sale of the goods and chattels of the person or persons so neglecting or refusing, or so much thereof as shall be sufficient to pay the said tax, in the same manner as is by law directed in the case of county and parish levies; and if other sufficient distress cannot be made, it shall be lawful for the collector to distrain and sell the lot of any person liable to pay the said tax, in the same manner as is by law directed in The said To erect a the case of non-payment of public taxes.

market house.

Penaltics.

Hogs beJonging to inhabitants of the town

not to run at large therein.

trustees, or the major part of them, are hereby empowered to contract and agree with any person or persons for erecting a market-house, and shall have power, from time to time, to regulate the same; and moreover contract with any person or persons for repairing the streets, and making such other public improvements as to them shall seem necessary and proper. If the trustees shall fail to apply the taxes for the purposes of this act, each trustee shall forfeit and pay the sum of two hundred pounds; to be recovered, with costs. by information in any court within this commonwealth, to the use of the informer; and moreover be thereafter disabled from acting as a trustee. If the collector shall fail to account for, and pay the taxes by the time fixed by the trustees for the payment thereof, it shall be lawful for the court of Norfolk county, upon motion of the said trustees, to give judgment against such collector or his security, for the amount of the said taxes, and ten per centum interest thereon till paid, with costs, and thereupon to award execution; provided the collector or security has ten days previous notice of such motion. It shall not be lawful for any person or persons, inhabitants of the said town, owners of any swine, to suffer the same to go at large in the limits thereof; and if any swine belonging to an inhabitant of the said town, shall, after the first day of January next, be found

running or going at large within the said limits, it shall be lawful for any person whatsoever to kill and destroy every such swine. Nothing herein contained shall be deemed or taken to hinder any person or persons from driving any swine to or through the said town or limits thereof, in order to sell the same, or in their removal from one plantation to another.

CHAP. XXIV.

Ch. CLXVIII

in original.

An act for paying the soldiers late from the southern army belonging Repealed, to the Virginia continental line post c. 43. three months wages.

3 months

1. WHEREAS no provision hath been made for advancing three months pay to the troops of this state's pay advan line of continental soldiers, lately arrived in the city of ced to the Richmond, and daily expected therein, from the south- this state, on

ern army:

soldiers of

continental

ment, from

army.

II. Be it therefore enacted, That out of the fund ap- establish propriated for the defence of the bay of Chesapeake, the southern and also out of that arising under the law for recruiting this state's quota of troops to serve in the army of the United States, there shall be so much money paid by the treasurer, to the orders of the executive, as shall be sufficient for the purpose of compleating three months pay to the soldiers now in this city, and such others of the said line as may arrive therein from the southern army.

CHAP. XXV.

CLXIX in

[Chapter An act to amend the act, intituled an act to amend the act for calling in and redeeming certain certificates.

original.]

Preamble.

Collections

poned.

I. WHEREAS it has been impracticable for the auditors of public accounts to settle the claims against this state, agreeable to the directions of an act, intituled, "an act for auditing certain public claims;” and the business assigned to the auditors, under the act aforesaid, has been placed in the hands of commissioners, whereby the creditors of the public may be prevented from receiving warrants for the same until the first day of January next;

II. Be it enacted, That the collection of the taxes if taxes post-imposed by an act, intituled, "an act for calling in and redeeming certain certificates," which by an act of the last session of assembly was postponed until the first day of August next, shall be, and the same is hereby further postponed until the first day of February next. Provisions Provided, That any sheriff whose time may expire beas to sheriffs fore the first day of November next, and who may bonds. have given bond with security for the collection of the said taxes, such bond shall be cancelled; and the sheriff succeeding in office, in like manner, give bond with security, agreeable to the said act. And whereas by the said last recited act, the courts of every county were required, before the month of November last, to take bond of the sheriff, with sufficient security, in the penalty of ten thousand pounds, payable to the trea surer of this commonwealth and his successors, for the use of the commonwealth, conditioned for the true and faithful collecting, paying, and accounting for, all taxes in his county, imposed by the said act; which bond was omitted to be taken of the sheriffs in several counties:

New bonds by sheriffs.

III. Be it enacted, That the court of every county where the sheriff has not entered into such bond, for the collection of the said taxes, shall, before the first day of January next, take bond of the sheriff, with sufficient security, as in and by the said act is directed; which said bond shall be recorded in the court of the gaunty where the same is taken, and an attested copy