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general court, within the said city, Be it further exacted, by the authority aforesaid, That it shall and may be lawful, to and for the maior, recorder, and aldermen of the said city, or any three of them, whereof the said maior, recorder, or last preceding maior, ́shall be one, to take the examination of any person or persons whatsoever, suspected of having committed any capital crime, or other offence, triable in the general court, or courts of oier and terminer; and upon such examination, if they see cause, by mittimus under their hands, to commit such offender or offenders to the pub--lic goal of the said city. And the keeper thereof is hereby required to receive the body of such offender so committed, or by recognizance, to bind such offender or offenders, personally to appear before the next general court, on the fourth day thereof, or the next court of oier and terminer, and not to depart thence without leave of the said courts respectively; and also to summon and bind all such person or persons, as they shall think to be material witnesses against such offender or offenders, to appear personally before the said general court, on the said fourth day, or the said court of oier and terminer, then and there to give evidence against such offender or offenders.

IV. And whereas it may happen, that the chief maInhabitants gistrates, and other inhabitants of the said city, may not compel- be listed and compelled to serve under the command of form militia the officers of the militia, in the counties of James duty out of City, and York, respectively, without the said city; the county. and forasmuch as the same may be very inconvenient, and may render the governor's house, public magazine, and capitol, in the said city, defenceless in times of danger, Be it further enacted, by the authority aforesaid, That no inhabitant of the said city, capable of serving in the militia, shall hereafter be compellable to make his or their appearance at any muster of the militia, hereafter to be had or taken, but of the said city: But all and every such inhabitant and inhabitants (except the maior, recorder, and aldermen of the said city) shall be listed and trained, according to the laws of this colony, under the command of one or more person or persons, of the principal inhabitants of the said city, as shall be thereunto commissionated by the governor or commander in chief of this colony, for the time being; and such persons so listed and trained,

shall not be compelled to go out of the said city, on any military service, without the express order of the governor or commander in chief of the said colony and dominion, for the time being, or, in his absence, without the order of the said maior, recorder, and aldermen, or the major part of them. And the said maior, recorder, and aldermen, or the major part of them, in their said court of hustings, upon the complaint of any officer or officers appointed to command the militia within the said city; and upon sufficient proof, shall and may give judgment against any person or persons listed under the command of such officer or officers, for the fines which such person or persons shall be liable to, by means of his or their not appearing, or not doing his or their duty at any muster, or upon any other service within the said city; and may also issue warrants for levying such fines as the officers of the militia, in the respective counties of this colony, may or do.

And this act is hereby declared to be a public act; This a puband as such, shall be construed, deemed, and taken.

CHAP. XI.

An Act for dividing Saint Stephen's Parish, in the
County of King and Queen.

CHAP. XII.

An Act for dissolving the Parish of Wilmington, in the Counties of James City and Charles City; and adding the same to other parishes.

CHAP. XIII.

An Act for confirming the title of John Fox, gentleman, to certain Lands formerly purchased of the Pamunky Indians.

lic act.

CHAP. XIV.

An Act for vesting the Fee-Simple Estate of certain entailed Lands in William Meriwether, gentleman, and for vesting five Negro Slaves, therein mentioned, in Sarah Brechin, and the heirs of her body.

CHAP. XV.

An Act for vesting the Fee-Simple Estate of certain entailed Lands in Pierce Butler and Paulin Anderson; and for vesting other Lands therein mentioned, in Robert Stubblefield, in fee tail.

Signed by HUGH DRYSDALE, ESQ. Governor.
JOHN HOLLOWAY, Speaker.

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AT A

General Assembly,

SUMMONED TO BE HELD AT

The Capitol, in the City of Williamsburg, the fifth day of December, 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 in the year of our lord, 1722. And by writ of prorogation, begun and holden on the ninth day of May, 1723. And from thence continued by several prorogations, to the twelfth day of May, 1726: being the second session of this present Assembly.

Hugh Drysdale, Esq. Governor.

I.

CHAP. I.

An Act for laying a duty on Liquors.

MA

AY it please your most excellent majesty, we your Majesty's most dutiful and loial subjects, the burgesses of this your Majesty's most antient colony and dominion of Virginia, now met in assembly, taking into our consideration the expediency of raising a competent revenue, for defraying such expences of your Majesty's government here, as must otherwise be discharged by a poll-tax, which hath frequently been very grievous. and burthensome to the subjects of the said colony, and occasioned great discontents and uneasiness among them; and being likewise piously affected to the furtherance of the college of William and Mary, founded in this colony, by your Majesty's roial (predecessors king William and queen Mary, of blessed memory, for the education of our youth in the liberal arts and sciences, and propagating the gospel among the western Indians; the progress of which good work, by a long series of misfortunes and accidents, and by the decay of the revenue thereof, hath been so much obstructed, that the charitable design of the founders hath not hitherto been fulfilled: And lest it should be a reproach

[From edit. 1733,p. 350.]

Preamble.

Duty onwine

to us not to contribute our assistance to the perfecting a work of such importance to us and our posterity, have given and granted to your Majesty, the several duties herein after mentioned; and do most humbly beseeck your Majesty, that it may be enacted.

II. And be it enacted by the Lieut. Governor, Counand spiri's cil and Burgesses, of this present General Assembly, and imported. it is hereby enacted, by the authority of the same, That for every gallon of rum, brandy, and other distilled spirits; and for every gallon of wine, which from and after the tenth day of June next, shall be imported or brought into this colony and dominion, from any port or place whatsoever, the duty or custom of three pence, shall be paid by the owner or importer of the same, for and during the term of five years: And that one other Additional duty, of one penny for every gallon of the said liquors, duty. which, from and after the said tenth day of June, shall be imported or brought into this colony, as aforesaid, shall be paid by the owner or importer thereof, for and during the term of twenty-one years from thence next following.

Duty on cider beer and

ale.

III. And be it further enacted, That every gallon of cider, beer, or ale, which, from and after the said tenth day of June, shall be imported or brought into this colony and dominion, from any port or place whatsoever, the duty or custom of one penny, shall be paid by the owner or importer of the same, for and during the term of five years.

IV. Provided nevertheless, and it is hereby enacted Exception as and declared, That no duty or custom whatsoever, shall to liquors be required or paid for any of the liquors before enumeimported directly from rated, that shall come directly from Great-Britain; but that all such liquors shall remain and continue exempt and free from any imposition, duty or custom, levied or required by this act, as if this act had never been made.

Great-Britain.

Entry how to be made.

V. And be it further enacted, That no liquors what soever, liable to a duty or custom, by virtue of this act, shall be landed, put on shore, or any other way delivered out of the ship or vessel importing the same, before due entry be made thereof, with the collector of the duties, in the port or place where the same shall be. imported, or before the duty due and paiable for the same, by virtue of this act, shall be fully satisfied, and a warrant had, under the hand of the said collector, for

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