Commission

the said prisons more commodious and secure: And that a sum, not exceeding three hundred and fifty nine pounds, be set apart, and appropriated for and towards the carrying on, compleating, and finishing such works. III. And be further enacted, by the authority aforesaid, That John Holloway, John Clayton, and Archi- ers mny embald Blair, gentlemen, and the survivor of them, shall ploy work, and may, and they are hereby impowered to agree with, men. hire, and employ such and so many workmen and labourers, and to provide, furnish, and buy such materials, as they, or the survivor of them, shall think convenient and proper to be emploied and made use of, in and about such buildings and alterations. And that they, the said John Holloway, John Clayton, and Archibald Blair, gentlemen, or the survivor of them, as often as he or they shall have occasion for money for the uses aforesaid, shall and may apply him or themselves to the honourable the lieutenant-governor, or the governor and commander in chief of this colony, for the time being, and he is hereby impowered and desired to issue his warrant to the treasurer of this colony, to pay so much money as there shall be occasion for, for the purposes aforesaid, (not exceeding the said sum of three hundred and fifty-nine pounds, as aforesaid,) who is hereby required to pay the same accordingly.

May draw

money.

Criminal's

partment.

IV. And be it further enacted, by the authority afore- Debtor's a said, That from and after the passing of this act, the partment: places for the receiving and safe-keeping of debtors and criminals in the said prisons, or either of them, be as follow, that is to say: That the two rooms at the east end of the now criminals goal, be appropriated and kept for the receiving and safe-keeping of debtors to be committed by the general court; and that the two rooms at the west end of the said criminals' goal, and the said general court prison for debtors, be appropriated and kept for the receiving and safe-keeping of criminals committed to the public goal of this colony. And that the person who now is, or shall at any time hereafter be apppointed keeper of the public goal of this colony, during the time he shall so continue, be, and is also hereby constituted and appointed keeper of the goal for debtors, to be committed by the general court; any thing in any act or acts heretofore made, which relate to the receiving and keeping of prisoners, to the said goals, or either of them, or to the keepers thereof,

Keeper ex

contained to the contrary thereof, in any wise, notwithstanding.

V. And be it further enacted, That the keeper of the empted from said public prisons, for the time being, be, and he is militia duty. hereby declared exempted from all musters of the militia, and from serving on any jury, during his continuance in the said office.

An Act for the preventing of Swine going at large with in the City of Williamsburg, or the limits thereof.

CHAP. XIII.

An Act for building a Church in the Parish of Acco

máck.

CHAP. XIV.

An Act for the vesting the fee simple estate of certain Lands, in William Beverley, of the County of King and Queen, gent. upon certain considerations therein mentioned.

CHAP. XV.

An Act to enable John Blincoe, to sell certain entailed
Lands, upon his settling other Lands to the same

uses.

CHAP. XVI.

An Act to enable Francis Smith to convey certain entailed Lands to John Spicer, gent. in fee simple, upon the said John Spicer's conveying other Lands therein mentioned to the same uses.

Signed by ALEXANDER SPOTSWOOD, Esq. Governor. JOHN HOLLOWAY, Speaker.

Hugh Drysdale, Esq. Governor.

AT A

General Assembly,

SUMMONED TO BE HELD AT

Williamsburg, the fifth day of December, anno domini, 1722, in the ninth year of the reign of our sovereign lord George, by the grace of God, of Great-Britain, France, and Ireland, King, defender of the faith, &c. and by writ of prorogation, begun and holden on the ninth day of May, 1723.

Repealed by proclamation Oct. 27,1724.

CHAP. I.

An Act for laying a Duty on Liquors and Slaves.

Preamble.

Fromthe age

of 21 to 60,

litia duty.

Exemptions.

CHAP. II.

An Act for the settling and better Regulation of the
Militia.

WHEREAS

I. WHEREAS a due regulation of the Militia is absolutely necessary for the defence of this country, and the act now in force, doth not sufficiently provide for the same,

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 from and after the publication of this act, the colonel, or chief officer of the militia of every county, have full power and authority to list all free male persons whatsoever, from twenty-one to sixty years of age, within his respective county, to serve in horse or foot; having regard to the ability of each person, and to order and place them under the command of such captain as he shall think fit.

III. Provided nevertheless, That nothing herein contained, shall be construed to compel any person or persons that shall be, or shall have been, of his Majesty's

council in this colony, speaker of the house of burgesses, secretary of this colony, judge of the court of viceadmiralty, his Majesty's attorney-general, a justice of the peace, or any person that shall have born any military commission within this colony, as high as the commission of a captain, or the clerk of the council, for the time being, or the clerk of the general court, for the time being, or any county court clerk, during his being such, personally to appear at any musters: But Persons exthat all, and every the persons aforesaid, shall and may, empted to and are hereby required, to find and provide one able- find substibodied white man, a good horse, and such trooper's accoutrements, as are herein after-mentioned, who shall constantly appear and exercise at all musters.

tutes.

IV. Provided nevertheless, That nothing herein con- Further extained, shall impower or enable any colonel, or com- emptions. mander in chief, to list, or cause to be listed, any minister of the church of England, or the president, masters, professors, or students, of the cnllege of William and Mary, during the time of their being such; or any person being emploied as an overseer, and having four or more slaves under his care; or any miller, havifig a mill under his charge and keeping; or the founders, keepers, or any other persons emploied in or about any iron, copper, or lead work, or any other mine, during the time of their being so emploied; or any free Negro, Mulatto, or Indian.

V. Provided always, That such free Negros, Mu- Free nelattos, or Indians, as are capable, may be listed and groes, Muemploied as drummers or trumpeters: And that upon lattoes, and any invasion, insurrection, or rebellion, all free Ne- Indians, how employed. gros, Mulattos, or Indians, shall be obliged to attend and march with the militia, and to do the duty of pioneers, or such other servile labour as they shall be directed to perform.

VI. And be it further enacted, by the authority afore- Penalty on said, That if an exempted overseer, or miller, or any certain exfree Negro, Mulatto, or Indian, other than as before empted perexcepted, shall presume to appear at any muster what-sons for appearing at soever, the party so offending, shall for every such of- musters. fence, forfeit and pay one hundred pounds of tobacco, and shall immediately give security to the said commanding officer, for paiment of the same: Which fine or fines shall be disposed of in such manner, and to such uses as the other fines herein after-mentioned. And