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An Act to amend an Act intitlued, An Act declaring the
Law concerning Executions, and for the Relief of insolvent
Debtors, and for other Purposes therein mentioned.

Whereas by an Act of General Assembly; made in the
Twenty Second Year of the Reign of his present Majesty, intituled,
An Act declaring the Law concerninbg Executions, and for the Relief of
insolvent Debtors, it is amongst other Things enacted, that where
any Writ of Execution is sued out upon a Judgement, in any Action for Sterling
Money, the Sheriff, or other Officer, to whom such Writ is directed, shall levy
the same in Current Money, at the rate of Twenty Five per Centum Advance
upon the Sterling, for a Difference of Exchange, which is often Times found not
to be a full satisfaction for the Damage sustained by Occasion of the Non-Accep-
tance or Non-Payment of Bills of Exchange, or sufficient to eanable Merchants to
remit the Money due to them in this Colony, without great Loss;

II. BE it therefore 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 in any Action which hath been, or shall be commenced, and it is or shall be
depending for the Recovery of any Sterling Money, in any Court record in
this Dominion, wherein the Plaintiff or plaintiffs shall recover; such Court shall
have Power, and are hereby directed by Rule to be entered at the Foot of their
Judgment in such Action, to order such Judgment to be discharged or levied in
Current Money, at such a Difference of Exchange, as they shall think just; any
Law, Usage, or Custom, to the contrary thereof, in anywise notwithstanding.

III. AND be it further Enacted, That if any Person shall, in any Suit here-
after to be brought, declare for Sterling Money, except where the Debt or Duty
is payable in Sterling, the Plaintiff, in every such Suit, shall be non-suited; and
if any Person shall, after the passing of this Act, take a Bond, Obligation or Note,
payable in Sterling, for any Current Money Debt, and shall bring any Suit there-
on, the Court before whom such Suit shall be tried, upon Proof being made
thereof, shall order the Judgement to be discharged, or levied in Current Money,
at the Rate of Twenty Five per Centum.

IV. AND be it further Enacted, by the Authority aforesaid, That in all Bills
of Exchange, given after the first Day of October next, for any Debt due in Cur-
rent Money of this Colony, or for Current Money advanced, and paid for such
Bills, it shall be mentioned and expressed in such Bills, the Sum in Current Mo-
ney that was paid or allowed for the same, and in Default thereof, in Case such
Bill shall be protected, and a Suit brought for the Recovery of the Money, due
thereby, the Sum of Money expressed in such Bill, shall be held and taken as
Current Money, and Judgement shall be entered accordingly. And if any Per-
son so receieving or purchasing a Bill of Exchange, shall express or cause to be
expressed therein, any other than the true Sum in Current Money, allowed for
the same, every such Person so offending, shall forfeit and pay to the Person draw-
ing such Bill, the whole Sum of Money for which such Bill shall be drawn; to be
recovered with Costs, by Action of Debt, in any Court of Record within this Co-
lony, wherein the same shall be cognizable.

V. AND to the End People may not be injured for Want of due Proof
of the Rate of Exchange so given or allowed for such Bills when the same is not
truly expressed therein, such Bills being usually negotiated in Secret, and with
such Caution that it can seldom be detected in the ordinary Court of Evidence;
Be it further Enacted, That it shall and may be lawful for any Drawer of such
Bill of Exchange, to exhibit a Bill in Chancery, in any Court of Record in this
Colony, against the Person to whom such Bill shall be payable, to compel him to
discover upon his corporal Oath, the true Difference of Exchange given or allow-
ed for such Bill, and in that Case if it shall appear that a less Rate of Exchange
was given or allowed, that is expressed, the Drawee of such Bill shall be dis-
charged from the Penalty herein before inflicted for the same, but shall be decreed
to pay to the Drawer, so much Money as the Rate of Exchange allowed, shall be
less than the Rate of Exchange expressed, together with the Damage of Ten per
Centum per Annum thereon, to the Time of Such Decree, and Costs of Suit.

VI. AND whereas many Persons come from beyond Sea, and here settle and
trade with the Subects of this Colony, who become indebted to them on Account
of such Dealings ; and the persons so trading, in order to entitle themselves to
many Advantages allowed to the Merchants residing in Great-Britain, and bring-
ing Suits here for the Recovery of Debts contracted there, do pretend that they
are Factors for some persons beyond the Sea, and do accordingly commence Suits
in the Names of Such pretended Principals, altho' it is reasonable that the Debts
so contracted should be considered in all Respects as other Debts between Persons
residing in this Colony, for Remedy whereof; Be it Enacted by the Authority a-
foresaid, That where any Suit shall hereafter be brought in the Name or Names
of any Person or Persons residing in Great-Britain, or Ireland, for the Recovery
of any debt due for Goods actually sold, and delivered here by his or their Factor
or Factors, it shall be mentioned and expressed in the Declaration or Petition in
such Suit, by what Factor or Factors the Goods and Merchandizes for which the
Debt sued for became due, were sold and delivered, or in default thereof such
Suit shall be dismissed with Costs; and the Factor or factors, so to be named,
shall be allowed to take the same Oath to his Book of Accounts, or to a Copy
thereof, in Case his Book shall not be required to be produced, which shall be
allowed as Evidence in the same Manner, and under the like Limitations and
Restrictions, as if this Suit was brought in the Name of such Factor: And that
such Factor or Factors shall not further, or otherwise be admitted as a Witness in
such Suits, or be entitled to any Allowance for his Attendance as a Witness.

VII. AND be it further Enacted, That all such Suits shall be commenced and
prosecuted within the Time appointed and limited for the bringing the like Suits,
by an Act of Assembly made in the Fourth Year of the Reign of her late Majesty
Queen Anne, intituled, An Act for the Limitation of Actions, and avoiding of Suits,
and not after, notwithstanding the Saving in the said Act to Persons beyond the
Sea, at the Time their Causes of Action accrue.

VIII. PROVIDED nevertheless, That if any factor shall happen to die before the Expiration of the Time in which such Suit should have been brought,

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such Principal shall be allowed two years from the Death of such Factor, to com-
mence and prosecute his, her or their Action, for any Debt due to him, her or
them, on Account of any Contract or dealing with such Factor.

IX. AND be it further Enacted, by the Authority aforesaid, That in all Peti-
tions brought for the Recovery of such Debts, if the Plaintiff shall recover, a
Lawyer's Fee shall be taxed in the Bill of Costs, in Case the Factor so to be
named in the Petition, shall be unable to attend the Court in Person, or the De-
fendant resides in another County than where the Debt is contracted, and not
otherwise.

X. AND whereas by an Act of Assembly made the Twenty Second
Year of the Reign of his present Majesty, intituled, An Act prescribing the
Method of appointing Sheriff, and for limitting the Time of their Continuance in
Office, and directing their Duty therein, it is amongst other Things directed, that
every Sheriff shall, before his being sworn into, and executing his Office, enter
into Bond with sufficient Sureties in the Sum of One Thousand Pounds Current
Money, for his true and faithful Performance of his Office; but such Bonds being
payable to his Majesty, it hath been doubted whether the Securities of a Sheriff
can be made liable on such Bond, for any Money or Tobacco levied and receiv-
ed by such Sheriff, upon any Writ of Execution, or for Officers Fees and Dues,
put into his Hands to collect; for explaining whereof;

XI. Be it Enacted by the Authority aforesaid, That every Person accepting
a Sheriff's Commission, shall, before being sworn into, or executing his Of-
fice, enter into one Bond before the Justices of his County Court, with two good
and sufficient Sureties, at the least, in the Sum of Five Hundred Pounds, with a
Condition in the following Form, to wit,

THE Condition of the above Obligation is such, that whereas the above
bound A B, is constituted and appointed Sheriff of the County of
during Pleasure, by a Commission from the Governor, under the Seal
of the Colony, dated the Day of last past,
if therefore the said A B, shall well and truly collect all Quit-Rents, Fines,
Forfietures, and Americaments acruing or becoming due to his Majesty in the
said County, and shall duly account for, and pay the same to the Officers of his
Majesty's Revenue for the Time being, on or before the Second Tuesday in
June annually; and shall in all other Things truly and faithfully execute the
said Office of Sheriff, during his Continuance therein, then the above Obliga-
tion to be void, otherwise to remain in full Force and Virtue.

And shall also enter into one other Bond before such Court, and with the like
Sureties in the Sum of One Thousand Pounds, with a Condition in the following
Form, to wit,

THE Condition of the above Obligation is such, That whereas the above
bound A B, is constituted and appointed Sheriff of the County of
during Pleasure, by Commission from the Governor under the
Seal of the Colony, dated the Day of last past;
if therefore the said A B, shall well and truly collect all Officers
Fees and Dues put into his Hands to collect, and duly account for, and pay the
same to the Officers to whom such Fees are due respectively, at such Times as are
prescribed and limitted by Law, and shall well and truly execute, and due Re-
turn make, of all Process and Precepts to him directed, and pay and satisfy all
Sums of Money and Tobacco by him received by Virtue of any such Process, to
the Person or Persons to whom the same are due, his or their Executors, Ad-
ministrators or Assigns, and in all other Things shall truly and faithfully exe-
cute and preform the said Office of Sheriff, during the Time of his Continu-
ance therein, then the above Obligation to be void, otherwise to remain in
full Force and Virtue.

Both which Bonds shall be made payable to his Majesty, his Heirs and Succes-
sors, and that in the Name of his Majesty, and his Successors, any Person or Per-
sons injured, may and shall, at his, her or their Costs and Charges, commence and
prosecute Suits on such last mentioned Bond, against the Parties therein bound,
their Executors or Administrators, and shall and may recover all Damages which
he, she or they may have sustained by Reason of the Breach of the Condition of
such Bond, and such Bond shall not become void upon the first Recovery, or if
Judgement shall be given against any Plaintiff or Plaintiffs who shall sue on such
Bond, but may be put in Suit and prosecuted, from Time to Time, for the Be-
nefit and at the proper Cost and charges of any Party injured, until the whole
Sum of One Thousand Pounds, the Penalty expressed in such Bond shall be re-
covered.

XII. PROVIDED always, That if any Verdict or Judgement shall pass
for such Sheriff or his Security, the Person at whose Instance such Suit shall be
brought or prosecuted, shall pay such Sheriff, or his Securities their Costs.

An Act to explain an Act, intituled, An Act for rai-
sing the Sum of Twenty Thousand Pounds for Protection
of his Majesty's Subjects against the Insults and Encroach-
ments of the French, and for other Purposes therein men-
tioned,

I. WHEREAS by an Act, passed at a former Session of this present Ge-
neral Assembly, intituled, An Act for raising the Sum of Twenty Thousand
Pounds, for the Protection of His Majesty's Subjects, against the Insults and Encroach-
ment of the French; it is among other Things enacted, That the Sum of Two
Shillings and Six-pence, or Thirty Pounds of Tobacco, at the Option of the
Payer, should be paid by every tithable Person within this Dominion, on or be-
fore the tenth Day of April, now last past, to the Sheriff of each County; and
the further Sum of Two Shillings and Six-pence, or thirty Pounds of Tobacco,
at the Option of the Payer, should also be paid to every such Sheriff, by every
such tithable Person,on or before the tenth Day of October now next [torn, illegible]
To be collected, levied, accounted for, and applied, as in the said [torn, illegible]
sembly is directed. And whereas, it hath been doubted waether[torn, illegible]

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this Colony are to collect the last-mentioned Duty, or Tax, from the tithable
Persons, according to the Lists taken before, and subsisting at the Time of
passing the said Act, or according to the Lists to be taken this present Year; for
explaining whereof.

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 last mentioned Tax, or Duty, of Two Shillings and Six-pence, or
thirty Pounds of Tobacco, shall be paid to, and receieved by, the Sheriff of each
County, according to the Lists of Tithables taken and returned for this present
Year; and that the Clerks of the several County Courts shall, as soon as such
Lists be taken and returned to them respectively, make out, and deliver to the
Sheriff of the County, fair Copies of such Lists, for such Sheriff's Direction in
collecting the said Duty.

III. AND be it further Enacted, That where the Sheriffs shall discover any
Tithables not inlisted, such Sheriff shall be, and is hereby impowered and re-
quired, to collect and levy the said Duty of Two Shillings and Six-pence, or
thirty Pounds of Tobacco, upon the Persons so discovered; and account for
upon Oath, and pay the same, in the same Manner as if such Tithables had been
inlisted. And where any Sheriff dies, or is removed from his Office, before he
hath collected all the said Duties respectively, it shall and may be lawful for the
succeeding Sheriff or Sheriffs to make Distress for the same, upon the Slaves,
Goods, or Chattles, of the Person or Persons so chargeable, and to make Safe
thereof, in the Manner by Law directed in the Case of other Distresses.

IV. AND whereas may Persons, chargeable with the Tax or Duty afore-
said, have (imagining that they were obliged to pay the whole Tax ordered to
be levied in the said Act, according to the List of Tithables taken before the
passing the said Act) to avoid any further Trouble, paid the whole Tax into the
Hands of the Sheriff of their respective Counties, Be it further Enacted, by the
Authority aforesaid, That in every such Case where the person paying the same
can make it appear, either by the Receipt of the Sheriff or other legal Proof,
that he or she has already paid the last-mentioned Tax, in the Act before-men-
tioned; that then so much of the Money that shall appear to have been paid,
as aforesaid, shall be allowed by the Sheriff in collecting the last-mentioned
Tax, according to the Explanation given by this Act.

V. AND whereas it has been represented, That it is necessary in this Time
of Danger, that Fort Cumberland, in Maryland, should be immediately garri-
soned. Be it further Enacted, That the Sum of Six hundred Pounds be paid by
the Treasurer of this Colony, out of the Money raised or to be raised, by the
Taxes imposed by the said Act, to the Honourable Robert Dinwiddie, Esquire,
His Majesty's Lieutenant Governor and Commander in Chief, of the Colony
and Dominion of Virginia, to be applied towards garrisoning the said Fort.

VI. AND whereas it is necessary, That the further Sum of Ten Thousand
Pounds, current Money, should be raised for the Purposes mentioned in the said
Act, Be it further Enacted, by the Authority aforesaid, That the Sum of Two
Shillings shall be paid for every tithable Negroe, Mulatto, or Indian Slave,
within this Colony, by the Owner or Proprietor thereof, to the Sheriff of the
County wherein such Tithables are inlisted, on or before the tenth Day of
April next ensuing; and that the Sum of One Shilling and Three-pence, for
every hundred Acres of Land, and so proportionably for a greater or lesser
Quantity, shall be paid by the Owner and Proprietor thereof, on the same tenth
Day of April, to the Sheriff of the County where such Lands lie, and to be
collected by and according to the Rent-Rolls delivered to the Sheriffs respective-
ly, for the Collection of His Majesty's Quit-Rents; and for enabling the She-
riffs to collect the said Land-Tax, from the Proprietors of Land within the Ter-
ritory of the Right Honorable Thomas Lord Fairfax,

VII. Be it further Enacted, That every such Proprietor shall, on or before
the first Day of January next, deliver to the Sheriff of the County wherein he
or she shall reside, a just and true Account of the Quantity of Land by him or her
held, within the Territory aforesaid, according to the Quantity for which they
usually held the same; and every Person failing or refusing so to do, shall for-
feit and pay the Sum of Ten Pounds, to our Sovereign Lord the King, to the
same Uses as the Tax hereby laid is appropriated; and to be recovered with
Costs, by Action of Debt or Information, in any Court of Record within this
Dominion; and the Sheriffs of the several Counties within the said Territory
are hereby required to collect the said Tax, from the said Proprietors, according
to the Accounts so to be delieverd to them; and in Case of Failure in Payment
of the said respective Duties or Taxes at the Time aforesaid, it shall be lawful
for the Sheriff of each County to levy the same, by Distress and sale of the
Slaves, Goods, or Chattels, of the Person so failing, in like Manner as is pro-
vided in case of other Distresses: And where there are no Effects to be found
upon the Lands hereby chargeable with the said Tax, it shall be lawful for the
Sheriff of the County where such Lands lie, or the Sheriff of the County where
the Proprietor of such Land lives, to levy the said Tax upon the Estate of such
Proprietor wherever the same can be found; which Sums of Money, so to be
collected, shall be by the Sheriffs respectively accounted for, upon Oath, and
paid to John Robinson, Esquire, Treasurer of this Colony, or to the Treasurer
for the Time being, appointed by, or pursuant to, an Act of Assembly, on or
before the tenth Day of June next ensuing, after deducting Four per Centum for
his Salary in collecting the same; and to be accounted for, by the said Trea-
surer, to the General Assembly, after deducting Five per Centum for his Salary,
in receiving and paying the same.

VIII. AND be it further Enacted, That the Sheriff of every County shall,
at the first or second Court to be held for his County, after the passing this Act,
give Bond and Security for the due Collection and Payment of the Money laid
and assessed by this Act, and if such Sheriff shall die, or be removed from his
Office before the Collection is made, the succeeding Sheriff shall in like Manner
give Bond and Security, at the Time he shall be sworn into his Office: And if
any Sheriff shall refuse or fail to give Security, according to this or the herein
before recited Act, the County Courts are hereby impowered and required to
appoint some other Person to collect the Duties imposed by this and the said re-
cited Act, who shall give Bond and Security in like Manner, and shall have
Power and Authority, and are hereby required to collect, levy, and account for
the said Duties, in the same Manner as is directed in the Case of the Sheriff.
[torn, illegible]if any Sheriff or Collector shall neglect or refuse to account for, and pay
[torn, illegible]accordingly, after deducting the several Sums chargeable to Persons
[torn, illegible]visible Estate in his County, it shall and may be lawful for the
[torn, illegible]or the Court of the County whereof he is Sheriff or Collector,
[torn, illegible]to them made by the Treasurer, to give Judgment against such

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Sheriff or Collector, and his Security, for all the Money wherewith he shall
be chargeable by Virtue of this Act, and thereupon to award Execution.

IX. PROVIDED, That such Sheriff or Collector have ten Days previ-
ous Notice of such Motion.

X. AND be it further Enacted by Authority aforesaid, That the said Trea-
surer shall, out of the Money raised, or to be raised for the Protection of his Ma-
jesty's Subjects against the Insults and Encroachments of the French, pay to the
Honorable Robert Dinwiddie, Esquire, Lieutenant-Governor, and Commander
in Chief of this Dominion, a Sum of Money not exceeding Two Thousand Pounds,
to be laid out for, and in the raising and maintaining three Companies of Men,
consisting of Fifty Men each, with their Officers, to be employed as Rangers for
the Protection of the Subjects in the Frontiers of this Colony, as the Governor
shall direct, from Time to Time, and shall not be sent out of this Colony, nor
incorporated with the Soldiers now in his Majesty's Service, or made subject to
martial Law. And in Case the said Number of Men cannot soon be raised by
such as will voluntarily inlist in the said Service it shall and may be lawful for [torn, illegible]
County Lieutenant, or chief Officer of the Militia of each of the Coun[torn, illegible]
Frederic, Hampshire, and Augusta, by Direction from the Governor to draft [torn, illegible]
the Militia of the said Counties respectively, such, and so many of the young
Men of their Militia, who have not Wives or Children, as will make up the said
Number, to be employed in the said Service; and if any Person so drafted shall
refuse to serve accordingly, every Person so refusing shall forfeit and pay the Sum
of Ten Pounds, to our Sovereign Lord the King, to the same Uses as the Tax
hereby laid is appropriated, and in Case of Failure in paying down the same to
such Officer (to be by him paid to the Sheriff of the County, and accounted for
and paid by the Sheriff to the Treasurer, with the Tax aforesaid) or giving suf-
ficient Security for the Payment of the same, on the tenth Day of April next,
then such Person shall, by Warrant from any Justice of the Peace of the Co[smear, illegible]y,
be committed to Goal, there to remain until he shall agree to enter into the said
Service, or pay the said Penalty, or give Security for the same as aforesaid.

XI. AND be it further Enacted, by the Authority aforesaid, That from and
after the passing of this Act, there shall be levied and paid to our Sovereign Lord
the King, his Heirs and Successors for all Slaves imported or brought into this
Colony and Dominion for Sale, either by Land or Water, from any Part or Place
whatsoever, by the Buyer or Purchaser, after the Rate of Ten per Centum, on the
Amount of each respective Purchase, over and above the several Duties already
laid on Slaves imported as aforesaid, by any Act or Acts of Assembly now subsist-
ing; and also over and above the Duty laid by an Act intituled, An Act for the
Encouragement and Protection of the Settlers upon the Waters of the Missisippi,
made in the Twenty Seventh Year of his present Majesty's Reign, and continued
this present Session of Assembly, for the further Term of three Years; which
said additional Duty shall be paid, collected and accounted for in such Manner
and Form, and according to such Rules, and under such Penalties and Forfeitures
as are mentioned, prescribed, and appointed for the paying, collecting and ac-
counting for the Duties already raised and imposed upon Slaves imported, by the
several Acts of Assembly now in Force; and that every Article, Rule, and
Clause contained in the said Acts concerning the paying, collecting and account-
ing for the said former Duties shall be used, exercised and put in Practice for pay-
ing, collecting, and accounting for the said Duty hereby imposed, as if the same
Articles, Rules and Clauses were inserted in this Act.

XII. AND it be further Enacted, That this Act as to so much thereof as relates
to the levying and paying the said Duty of Ten per Centum, as aforesaid, shall
continue and be in Force, for and during the Term of three Years, and no longer.

XIII. AND be it further Enacted by the Authority aforesaid, That the Sum of
Ten Thousand Pounds out of the Money to be raised in Pursuance of this Act
and paid to the Treasurer as aforesaid, shall be applied and disposed of in like
Manner, and to and for the same Uses as the Money raised by the herein before
recited Act, is by the said Act directed and appointed to be applied.

XIV. AND whereas by Reason of the great Scarcity of Gold and Silver in
this Colony, the Tax imposed by the said Act cannot be collected in Time to an-
swer the Purposes thereby intended, BE it Enacted by the Authority afore-
said, That it shall and may be lawful for John Robinson Esquire, or the Treasurer
for the Time being, appointed by, or pursuant to an Act of Assembly, to issue or
emit at any Time or Times before the Tenth Day of June next ensuing, and not
after, in such Proportions as he shall find necessary to answer the Demands that
shall be made upon him for the Purposes aforesaid, any Number of Treasury
Notes, so as the whole Sum of such Notes so to be issued, shall not exceed the
Sum of Twenty Thousand Pounds, Current Money, which Notes shall be pre-
pared, printed or engraved, and numbered and signed in such Form and after
such Method, as he the said John Robinson, or the Treasurer for the Time being
appointed as aforesaid, shall judge most convenient for circulating in Payments,
and safe from Counterfeits and Forgeries.

XV. AND be it further Enacted, That all such Notes so issued, shall be re-
deemable on the last Day of June next, and shall then be paid by the said Trea-
surer, with Interest at the Rate of Five per Centum, per Annum, from the Date
thereof: And further, that all such Notes shall be received and pass as a lawful
Tender, in any Payment for Debt, Demand, or Duty, whatsoever, except for
the Payment of his Majesty's Quitrents from and after the Issuing of the same, for
and during the Time before specified for their Redemption at the Treasury as afore-
said.

XVI. AND be it further Enacted by the Authority aforesaid, That if any
Person or Persons shall forge or counterfeit, alter or erase any Treasury Note
issued by Virtue of this Act, or shall tender in Payment by Way of Barter or
otherwise, to any Person whatsoever, or shall demand a Redemption of any such
Note at the Treasury, knowing the same to be forged or counterfeited, altered or
erased, every such Person or Persons, so offending, if lawfully convicted, shall be
adjudged a Felon, and shall suffer as in Cases of Felony, without Benefit of
Clergy.

XVII. And be it further Enacted, by the Authority aforesaid, That so much
of the Money arising or accruing by Virtue of the said Act, as shall not be issued
or applied for the Purposes, and in the Manner by the said Act directed, and the
Money to be raised by Virtue of this Act, shall stand, be, and remain as a Secu-
rity for the Redemption of the said Treasury Notes so to be issued. And the said
John Robinson, or the Treasurer for the Time being, to be appointed as aforesaid
is hereby required to apply all such Money as shall come to his Hands by Virtue
of this and the said recited Act, for and towards the Redemption of such Trea-
sury Notes, and to no other Purpose.