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title:“A Bill for Emiting and Funding a Sum of Money Supplying the Present Urgent Necessities of this Commonwealth”
authors:George Mason
date written:1780-7-12

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https://consource.org/document/a-bill-for-emiting-and-funding-a-sum-of-money-supplying-the-present-urgent-necessities-of-this-commonwealth-1780-7-12/20130122080513/
last updated:Jan. 22, 2013, 8:05 a.m. UTC
retrieved:April 20, 2024, 7:30 a.m. UTC

transcription
citation:
Mason, George. "A Bill for Emiting and Funding a Sum of Money Supplying the Present Urgent Necessities of this Commonwealth." The Papers of George Mason. Vol. 2. Ed. Robert A. Rutland. Chapel Hill: The University of North Carolina Press, 1970. 645-51. Print.

A Bill for Emiting and Funding a Sum of Money Supplying the Present Urgent Necessities of this Commonwealth (July 12, 1780)

[12 July 1780]
WHEREAS the exigencies of the war require the farther emission of paper money until the act for calling in and redeeming the money now in circulation, and for emitting and funding new bills of credit according to the resolutions of congress of the eighteenth day of March last, shall have its operation: Be it therefore enacted by the General Assembly, That the treasurer of this commonwealth shall, and he is hereby directed and empowered to issue treasury notes in dollars, for any sum or sums which may be necessary for the publick exigencies until the bills of credit to be emitted agreeable to the said recited act shall be thrown into circulation; so that the sum or sums of money to be issued by authority hereof shall not exceed the sum of two million pounds. The treasurer shall cause the said notes to be engraved and printed in such manner and upon such paper as he shall judge best to secure them against counterfeits. The face of the notes thus to be emitted, shall read in manner following, viz. "No.
—Dollars. This bill of—Dollars shall be exchanged and redeemed in Spanish milled Dollars, or the value in Gold or Silver at the rate of One for Forty, at the Treasury of Virginia on or before the last Day of December in the Year 1784, according to an act passed the fourteenth day of July, one thousand seven hundred and eighty," and on the back of the notes thus to be emitted, the treasurer shall cause such a device to be printed as will readily distinguish the said bills from any others heretofore emitted in this commonwealth. He shall also appoint proper persons to overlook the press, and to number and sign the said notes upon the best terms he can, always regarding to publish the names of such persons in the newspaper. The bills of credit to be emitted by virtue of this act shall be entered on the auditor's books to the treasurer's account, and be signed in the left hand corner by one of the auditors of publick accounts, or by one of their clerks, or by any assistant clerk to be appointed for this special purpose by the said auditors, who shall receive such an allowance for his trouble as they shall judge reasonable; without which signature the said bills of credit shall not be current. That a fund may be established which will prove sufficiently productive for the redemption of the bills of credit to be emitted by virtue of this act, a tax or rate of one shilling for every glass window shall be paid by the proprietor of each inhabited house within this commonwealth in the month of September one thousand seven hundred and eighty one, and so on in each of the three next succeeding years. The assessors in each county and corporation within this commonwealth shall at the time of making their other assessment in the month of August one thousand seven hundred and eighty one, and in the said month of August in every year during the continuance of this act, take an exact account of all the glass windows in each inhabited house within their respective districts or hundreds, and shall return a separate account thereof to the commissioners of the tax for their respective counties at the time when they are required to return an account of their assessment upon other property; which said commissioners shall also keep a separate account thereof, and deliver a copy to the collector of the taxes for their county on or before the first day of September one thousand seven hundred and eighty one, and so on or before the first day of September in each of the other years in which this act shall continue to be in force. And the said collector shall proceed immediately to the collection thereof, in the same manner as by law he is directed to collect the taxes imposed by other acts, and shall account with and pay the same to the treasurer of this commonwealth, in the like manner and under the same penalty as is directed by an act passed this present session of assembly "For enabling the high sheriffs to proceed in a summary way against their deputies, and for other
\purposes." A like tax or rate of twenty shillings shall be paid on each and every deed of conveyance and mortgage for lands that shall be recorded in any of the courts within this commonwealth, by the person or persons to whom the same shall be made, from and after the first day of October next, and so for each of the three next succeeding years, where the quantity of land therein mentioned shall amount to four hundred acres or upwards; and where the deed of conveyance or mortgage shall be for a quantity of land not amounting to four hundred acres, a tax or rate of ten shillings shall be paid therefor by the person or persons to whom the same is made, from and after the period last mentioned, and for the term of three years next succeeding it (except for lots in towns, in which case the like rate or tax shall be paid on each and every deed of conveyance and mortgage whereby such lots are conveyed or mortgaged, by the person or persons to whom the same shall be made, as for deeds of conveyance and mortgages for four hundred acres of land and upwards.) The rate or tax hereby imposed upon deeds of conveyance and mortgages, shall be paid by the person or persons chargeable therewith, to the clerk of the court wherein such deed or mortgage shall be produced for proof, before the same shall be received, and without which payment the clerk shall not admit the same to record. A like rate or tax of eight shillings per hogshead from and after the first day of October next, and in each of the three next succeeding years, shall be paid by the exporter or exporters for each and every hogshead of tobacco by him, her, or them, to be exported either by land or water. Where the exporter or exporters intend to export tobacco by land, he, she, or they, shall first make application to the clerk of that county court from whence the tobacco is to be taken, and give the said clerk an exact account thereof, together with the place to which he, she, or they intend to carry it; and shall upon each hogshead thus intended to be exported, pay down to such clerks the said rate or tax of eight shillings for each and every hogshead before the same shall be exported from this commonwealth. If any person or persons shall export by land, any tobacco contrary to this act, he, she, or they, so offending, shall forfeit and pay the sum of five hundred pounds for each hogshead of tobacco so exported, to be recovered with costs by action of debt or information in any court of record, one half to the informer, and the other half to the use of the commonwealth. And where the exporter or exporters intend to export such tobacco by water, he, she, or they shall, upon receiving each and every hogshead of tobacco from the inspector of the warehouse where the same was or shall be inspected, pay or cause to be paid to the said inspector, the rate or tax of eight shillings for each and every hogshead by him, her, or them, so received for that purpose, otherwise such inspector shall not deliver the said tobacco. Where any warehouse may by an act of this present session of assembly have been discontinued, and there shall be no inspector to deliver thereout the tobacco which may have been there inspected, the court of the county in which any such warehouse shall stand, may and they are hereby authorized and required to appoint some proper person to act as inspector, who shall do all the duties of an inspector, except inspecting tobacco, and shall receive the said rate or tax of eight shillings for every hogshead of tobacco by him to be delivered, and shall account for and pay the same, under the same penalties and by the same time and manner, that inspectors of tobacco are hereby called upon to do; and such person appointed by the court, together with every inspector of tobacco within this commonwealth, shall for his trouble receive five per cent. upon all monies by him to be received in consequence of this act. Every inspector of tobacco within this commonwealth, immediately after receiving information of this act, to wit: At the first court to be held thereafter for his county, shall take an oath before the said court, faithfully and truly to collect and account for all money by him to be received by authority hereof. And shall moreover then and there enter into bond with approved security in the penalty of ten thousand pounds, to account for and pay into the treasury all and every sum or sums of money by him to be received in virtue of this act, in the months of May and October annually, during the continuance thereof; which bond shall be payable to the governour, and be immediately transmitted to the auditors of publick accounts, who shall, in case any inspector shall fail to comply with the condition thereof, move for judgment thereupon in any court of record within this commonwealth, having previously given ten days notice to such delinquent inspector. All duties heretofore imposed upon the exportation of tobacco, by any act or acts of general assembly, shall be, and the same are hereby repealed. A tax or duty of one penny per gallon shall from and after the first day of October in the present year, and during each of the three succeeding years, be paid by the importer or importers upon each and every gallon of rum or other spirits imported into this commonwealth, whether by land or by water; if imported by land, then the importer or importers thereof shall immediately on its arrival in this commonwealth, apply to the clerk of that county in which such rum or other spirits shall first arrive, give him an accurate account of the quantity, and pay to the said clerk one penny for each and every gallon by him, her, or them, so imported. And in case any importer or importers, shall bring or cause to be brought into this commonwealth, rum or other spirits by land, without complying with the directions of this act; such importer or importers, shall forfeit all rum and other spirits thus imported, and moreover shall pay to the informer, the sum of five shillings per gallon on the same, to be recovered with costs, by action of debt or information in any court of record within this commonwealth. If rum or other spirits be imported by water, then the captain of the vessel or the owner thereof importing the same, shall before bulk is broken, and at the time the vessel bringing in the same is entered, pay to the naval officer in whose district such vessel shall enter, the said duty or tax of one penny per gallon upon all the rum and other spirits thus imported; or give bond with sufficient security payable to the naval officer of the district, for the use of the commonwealth, with a penalty in double the amount of the said duties, to pay the same within thirty days thereafter, and if any such bond shall be unpaid at the expiration of the said thirty days, the naval officer is hereby required to move for judgment on the same, at the next court to be held for his county, giving the obligors, or one of them, ten days previous notice of such motion, which court shall proceed to judgment, and immediately award execution thereupon, and the money so recovered shall be by the sheriff levying the execution (his fees being first deducted) paid to the naval officer, who shall account for and pay the same to the treasurer, in the same manner, and under the like penalties, as is herein after directed for other duties. In case any captain or owner of a vessel importing into this commonwealth, rum or other spirits in such vessel, shall fail to comply with the directions of this act, such vessel with her cargo, tackle, apparel, and furniture, shall be forfeited and subject to confiscation. Each and every naval officer, before he enters upon the discharge of the duties hereby directed to be by him performed, shall appear before the court of his county, in the month of August or September next, and there enter into bond with approved security, in the penalty of ten thousand pounds, payable to the governour for the time being, for the use of the commonwealth, conditioned for the true and faithful collecting, accounting for, and paying into the treasury, all and every sum or sums by him to be received in virtue of this act; which payments shall by each and every naval officer, be made to the treasurer in the months of May and October next, and so in each of the three next succeeding years.
And shall moreover before such court, at the same time take an oath, truly and faithfully to comply with the directions of this act. The clerk of the general court, and of each respective county court within this commonwealth, shall immediately after receiving information of this act, to wit: At the next court to be held thereafter, take an oath before the court under which he shall act, truly and faithfully to collect, account for, and pay into the treasury the several duties and taxes received or to be received by him in virtue of this act. Each and every such clerk, shall in the months of May and October in the present year, pay into the treasury, and so on for each of the three succeeding years, all and every sum or sums of money by him received for any tax or duty hereby imposed. And moreover at the time of taking the said oath, each and every such clerk shall enter into bond with approved security, in the penalty of ten thousand pounds, payable to the governour for the time being for the use of the commonwealth, conditioned for faithfully and truly accounting for and paying into the treasury the money to be by him collected in consequence hereof, at the respective periods aforesaid. Which bond, when thus taken, shall be by the said court before whom it is taken, transmitted to the auditors of publick accounts, who shall, and they are hereby authorized and empowered by motion, upon ten days previous notice to a delinquent clerk, in any court of record to obtain judgment against such clerk who shall fail to comply with the condition of his said bond. Each and every clerk for doing the duties imposed by this act, shall receive for his trouble five per centum on all duties and taxes by him collected under the same. If the events of war should render any of the aforesaid funds unproductive, then the houses and lands with their appurtenances in the city of Williamsburg, which have been heretofore used as a capitol, and palace, as also the publick lands in the county of James City, as well as those on the eastern shore, shall and the same are hereby ordered to be sold under the direction of the governour and council for gold or silver, or the bills of credit emitted by virtue of this act, which money arising from the sale thereof, shall be applied for the purpose of making good such deficiency. The taxes hereby imposed shall be paid by the respective persons chargeable therewith, in Spanish milled dollars at the rate of six shillings each, or in other gold or silver coin at a proportionable value, or in the bills of credit hereby to be emitted, at the rate of forty paper dollars for one Spanish milled dollar, or so in like proportion for other gold or silver coin. The notes or bills of credit to be by this act emitted, shall not be receivable by any collector for other taxes than those imposed hereby; and when thus received and paid into the treasury, they shall be burnt or otherwise destroyed under the direction of a committee, to consist of three proper persons to be appointed for that purpose by the governour with the advice of council; and all the gold and silver which shall be received by the funds and taxes established by this act, shall remain in the treasury for the sole purpose of redeeming such of the aforesaid paper bills of credit as shall remain outstanding at the time herein before limited for the redemption of the same.
And be it farther enacted, That he or she shall be adjudged a felon and suffer death without benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note to be issued by virtue of this act; or who shall cause or procure such bill of credit or treasury note, to be forged or counterfeited, altered or erased; or shall aid or assist in forging or counterfeiting, altering, or erasing, such bill of credit or treasury note; or shall pass or tender, or shall cause or procure to be passed or tendered, any such bill of credit or treasury note in payment or exchange, knowing the same to have been forged or counterfeited, altered, or erased; or shall have in his or her custody or possession, any press, type, stamp, plate, or other instrument necessary to be used in the fabrication of any such bill of credit or treasury note, and not actually used in some publick printing office; or any paper with or without signature, on which the characters and words contained in a genuine bill of credit or treasury note are or shall be impressed or inscribed, in like order as they are in such bill of credit or treasury note; or any such bill of credit or treasury note, which bath been altered or erased, knowing the same to be altered or erased, and shall not discover such press, types, stamp, plate, instrument, paper, or altered or erased bill of credit or treasury note, to two justices of the peace within five days after the same shall have come to his or her possession. Any person or persons charged with having been guilty of any one or more of the above-mentioned offences, shall be prosecuted and tried in the manner as directed for the trial of the like offences, by an act of assembly passed in the year one thousand seven hundred and seventy nine, entitled "An act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, veniremen, and witnesses in certain cases.

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