CHAP. XV. An act for laying an embargo on 1 THE more effectually to supply the people of this Embargo commonwealth with the necessary article of salt: Be laid on salt. it enacted by the General Assembly, That an embargo shall be, and is hereby laid upon all salt within this commonwealth, for and during the term of three months from the end of this present session of assembly; and that the governour, with the advice of the council may, and is hereby empowered, at any time during the continuation of the present war, either to continue or to revive again and renew such embargo, by proclamation from time to time as the circumstances of trade and the wants of the people may require. And if any Penalty for person, during the time that such embargo shall be in breach. force, shall presume to carry any salt which now is, or hereafter may be within this commonwealth, out of the same by land or water, he or she so offending, shall forfeit and pay forty pounds for every bushel so carried out, to be recovered with costs upon motion in any court of record, to the use of the informer, the defendant or defendants having had at least ten days previous notice of such motion. Provided nevertheless, That the governour with the advice of the council, may grant a permit for conveying salt out of this tion of salt commonwealth for the publick use of the United Amer- permitted. ican States, or any of them, and that any two justices of the peace may grant a permit to any citizen of this or any of the adjacent states, to carry out any quantity of salt not exceeding five bushels, within any term of six months, upon satisfactory proof to them made that the same is for the use of such citizens own family or those in his employ, and not for sale. In what cases exporta ance with Every person sending or carrying salt from one dis- Bond to com trict to another within this commonwealth, shall give pel compli bond with sufficient security, in the penalty of fifty the law. pounds for every bushel of salt so intended to be sent or carried, to the naval officer of the district from whence it shall be carried, that the same shall be relanded within this commonwealth, and shall within six months next thereafter, produce to such naval officer, a certificate thereof from the naval officer of the district, or from some justice of peace of the county where such salt shall have been relanded, to cancel his bond, which shall otherwise be forthwith put in suit. And every vessel lading or taking on board salt under pretence of carrying the same from one district to another, before such bond shall have been given, shall and is hereby declared forfeited; one moiety thereof to the use of the informer, and the other to the comIndemnifica- monwealth; and the like proceedings shall be had tion of go. therein as in the capture of vessels from an enemy. Be it enacted, That the governour, and all persons acting by his directions, shall be, and they are hereby indemnified in their proceedings under the resolution the exporta- of the general assembly of the 19th of October 1779, tion of salt. prohibiting the exportation of salt. vernor and others act ing under a resolution prohibiting Premium for of salt. CHAP. XVI. An act to encourage the importation of Salt. WHEREAS from the scarcity as well as high price importation of salt, it is proper that encouragement be given to the importation of that necessary article of life: Be it therefore enacted, That every owner or master of a vessel, who shall import salt into this commonwealth after the passing of this act, shall be allowed to export one hogshead of tobacco duty free for every five bushels of salt so imported. At the time of entering a vessel in which salt may be imported, the naval officer shall give the owner or master thereof a certificate, How obtain specifying the time and quantity of salt imported. The owner or master of a vessel producing such certificate to any inspector, shall be entitled to ship one hogshead of tobacco duty free for every five bushels of salt contained in such certificate, giving the inspectors at such warehouse a receipt thereon for the number of hogsheads so delivered, which receipt and certificate ed. shall be allowed the inspectors in settling their accounts for duties on tobacco. If the owner or master of a vessel hath not so many hogsheads of tobacco at one warehouse as his certificate entitles him to export duty free; in that case he shall give the inspectors thereof a receipt for so many hogsheads delivered at such warehouse; and the inspectors shall thereupon endorse on the back of the certificate, the number of hogsheads so delivered and the time; and the master or owner shall be allowed to make up such deficiency at any other warehouse, upon producing to the inspectors thereof such certificate, and giving them a receipt thereon for the same. And whereas it may so happen, that after an em- Drawback on bargo on salt is taken off, the importer thereof, not- exportation. withstanding he has received the bounty given by this act, may export the same: Be it enacted, That every person importing salt and receiving the benefits given by this act, shall before he obtains a permit to export the same, or any part thereof, pay down to the naval officer so much money as the bounty for the importation thereof amounted to in shipping tobacco duty free. And be it farther enacted, That the act entitled "An Former act act to supply the inhabitants of this commonwealth for supplywith salt upon reasonable terms," shall be, and the ing salt resame is hereby repealed. pealed. [Chan. Rev. p. 110.] Preamble. Court of appeals, high court of chancery, & general court to be held at Rich'mund. CHAP. XVII. An act for amending an act entitled An act for appointing the place for holding the High Court of Chancery and General Court, and empowering the said High Court of Chancery to appoint their own serjeant at arms. I. WHEREAS an act, entitled "An act appointing the place for holding the high court of chancery and general court, and empowering the said high court of chancery to appoint their own serjeant at arms," was continued by an act of the last session of assembly for and during the term of one year, and from thence to the end of the next session of assembly. II. And whereas so much of the said act as fixes the place for holding the said courts, is contradictory to the act for the removal of the seat of government. Be it therefore enacted, That so much of the said act as directs the place for holding the said courts of chancery and general court, shall be and the same is hereby repealed; and that the first meeting of the court of appeals, high court of chancery, and general court, in the year one thousand seven hundred and eighty, shall be at the town of Richmond in the county of Henrico, at the apartments to be provided for that purpose. And any act within the purview of this act, shall be and the same is hereby repealed. CHAP. XVIII. p. 110.] An act to amend the act entitled An [Chan. Rev. act concerning escheats and forfeitures from British subjects. [See ante p. Mode and rules of proceeding on traverse of I. WHEREAS some doubts have arisen respect ing the construction of the act of assembly entitled 66.] "An act concerning escheats and forfeitures from British subjects," by which unnecessary delays may be occasioned, and the purposes of the said recited act altogether defeated; It is hereby declared and enacted by the General Assembly, That an office found for the commonwealth, and returned to the general court, shall remain there but thirty days, to be computed from the office, and day of the return for the claim of any one. Where a monstrans de traverse hath been filed by a British subject, or other person for him, such traverse shall be withdrawn, and any British subject, or other person on his behalf, shall be heard before the general court, by a monstrans de droit, and any person, other than a British subject, on 'a traverse to the office or monstrans de droit. Where a monstrans de droit hath been filed by or in behalf of any British subject, the court shall direct an issue to be made up without delay, to try whether such claimaut be a British subject within the meaning of the said recited act. Where a monstrans de droit hath been filed in the name of any person for, and in behalf of a British subject, or where a traverse to the office, or monstrans de droit, by any person other than a British subject, pretending a right to the estate, before replication made for the commonwealth, the party shall, in the first case, shew to the court probable reason why such British subject is not within the said recited act; and in the latter case give evidence of some title in him or her to the estate, or failing so to do, such traverse or monstrans de droit shall be quashed. No exception for that the proceedings of escheat and forfeiture were not instituted by the govemmour and council, or by the commissioners of the tax, aided by the assessors within their several counties, or for want of form in the inquisition, shall at any time be admitted, and the trial of every issue shall be in the session at VOL. 3. U droit. |