evidently appear to the Court that it is justly due to him XLVIII Apprisement of Goods BE it Enacted for the equal Aprisement of Goods seized by Execution That the Plaintiff and Defendant shall choose each of them two indifferent Men for that purpose and in case of disagreement the said four or three of them shall chuse an Umpire which Umpire so chosen shall be sworn by the next Commissioner to apprize such Goods indifferently and his Umpirage to be final Goods seized by whom they shall be appraized And be it further Enacted That if Plaintiff or Defendant shall neglect to appoint Apprizes within three days after Execution is served notice being given them by the Sheriff to whom the Execution was directed that then the Sheriff in such case of neglect shall chuse and appoint Apprizers either for the Plaintiff or Defendant for apprizing the Goods by him seized upon Execution as aforesaid And be it further Enacted Goods shall remain in the Plaintiffs possession till after Appraisement That before such Aprizement the Sheriff shall not remove the Goods out of the Possession of the Plaintiff and the surplusage if any be returned to him but after Apprizement made as aforesaid the property to vest in the Sheriff for the use of the Creditor to whom the Sheriff shall give notice that he may take them into his own possession And because there can be no Averment against a Record it is further Eenacted That the Sheriff make return of the Execution to that Clerk of the County that granted it by him to be entered upon Record under the Order it was issued upon that so the Satisfaction as well as the Judgment may be authentickly proved if occasion require Whereas the Act for the relief of poor Prisoners hath What persons shall have the benefit of the Act made for relief of poor prisoners contrary to the intent thereof been extended to Men of all Capacities and by that means an inconsiderable part of their Estates or at least unprofitable to him whose dependance is Tobacco according to his agreement forced for satisfaction Be it therefore Enacted That henceforth every Debtor under Execution for Debt shall be detained in Prison until he hath paid the Debt in kind but that real poor Men laid under Execution for a Debt under One thousand Pounds of Tobacco shall still have liberty by part of their Estate by some Justice of the County indifferently assigned and by Apprizers summoned by the Sheriff and sworn equally to apprize the said Estate shall make Payment thereof to their Creditor and redeem their Persons XLIX No Commissioner Clerk or Sheriff to be Attorneys in the Court where they officiate No Commissioner Clerk or Sheriff shall be Attorney in that Court wherein he officiates BE it Enacted That neither Sheriff Commissioner Under-Sheriff or Clerk of any Court within this Collony shall be permitted to plead as an Attorney in any persons behalf in the Court wherein he officiates and the said Commissioner Sheriff Under-Sheriff or Clerk offending herein shall for every Default be fined One thousand Pounds of Tobacco The Court may notwithstanding permit a Commissioner to plead a poor mans cause to the use of the County Provided always That if any poor person not able to plead his own Cause shall request the Court to assign him one of the Commissioners to plead for him it shall be lawful for the Court to grant it and for the Commissioner to plead accordingly but the Councellor Commissioner c. so pleading the poor mans Cause not to give Judgement therein Provided also That any Commissioner Sheriff Vnder-Sheriff or Clerk acting as General Attorney for any persons absent out of the Countrey or County and negotiating their Affairs and so liable to be sued for their Imployers such persons notwithstanding this Act shall have liberty also to Plead and Prosecute in any Cause that shall any way concern their said Imployers L. Publication of Writs for Election of Burgesses WHereas frequent Complaints are made by the People that they have no notice of the time appointed for the Election of Burgesses and by that means are deprived of giving their Voices in the Election of their own representatives Writs for Election of Burgesses shall be read publickly in Churches Be it Enacted henceforward That the Sheriffs of the respective Counties shall upon the Receipt of the Writs cause Copies thereof with the day appointed for the Election endorsed to be sent to the Minister or Reader of every Parish in their County who is to read the same to the People two Sundays successively both in the Church and Chappel of Ease to it belonging to the end that no person may pretend Ignorance and return the same to the Sheriff with his attestation subscribed that he hath published the same according to the tenor of this Act which Attestation shall be sufficient to discharge the Sheriff from blame but if the Sheriff neglect to send Copies as aforesaid then to be fined Two thousand Pounds of Tobacco to the use of the County Freemen neglecting to givc their Votes at Elections of Burgesses shall be fined 200 l. of Tobacco and every Freeman after such Publication made neglecting to come and give his Vote at the day appointed for Election shall be amerced Two hundred pounds of Tobacco to the use of the County And be it further Enacted That if the Sheriff shall not before the day of the Return make his due return of the Writ with the names of the Burgesses endorsed into the Secretaries Office at James City the said Sheriff so neglecting shall be Fined Two thousand pounds of Tobacco to the Publick LI. Publick Levies to be first paid BE it also Enacted That no Sheriff shall where he receives Tobacco of any Person indebted for his Levies and also for Fees and other debts due to himself or any other Officers and not paying the whole in kind by which means for part thereof distress must be made shall presume to convert the Tobacco in kind to his own or any other use and force the Countrey Creditor to accept of the Distress or stay for his Debt Debts due to the publick shall be first paid but that all Debts due to the Publick be first paid and the Tobacco in kind paid to the Creditor of the publick whose reputation is by these Evasions often vilified and that the Sheriff making Default herein shall be fined Ten thousand pounds of Tobacco to the use of the publick upon proof thereof made in any Court of Record in this Countrey LII The Sheriff upon the instance of the Treasurer or his Deputy to collect the Quit Rents Quit Rents shall be collected by the Sheriff and shall be paid in Tobacco or Money ANd be it further Enacted That the Sheriff being his Majesties immediate Officer shall upon the instance of his Majesties Treasurer or his Deputy here be compelled to receive all such Quit Rents as the said
signed by the Secretary which shall remain upon File in the Office for the full justification of the Clerk who is to enter them in the Book of Records XXII The Plaintiff to File his Declaration Three days before the day of Hearing Declarations to be filed three days at least before Pleading ANd whereas the Clerk is enjoyned to enter Twenty Actions for each day and the Court to sit at certain hours so also it is hereby Enacted That the Plantiff File his Declaration in the Office at least three days before the day of Hearing in which time the Defendant may take a Copy thereof the Original still remaining in the Office and provide his Answer in writing ready to present to the Governour and Council at the day of Hearing And further That if the Plantiff fail either in not appearing to prosecute or in neglecting to File his Declaration as is hereby enjoyned he shall pay to the Defendant if he lived within Fifty miles of James City The Penalty of a Default One hundred and Fifty pounds of Tobacco for a Non-suit and if he dwell further off then Three hundred and Fifty pounds of Tobacco besides his Amercement to the Publick And if the Defendant make default the Judgment to pass against the Bail for the thing sued for or if no Bail be returned then against the Sheriff besides his Amercement of One thousand pounds of Tobacco laid upon him by Act for not making Returns Provided that the Bail and Sheriff have respite of Execution until the next Court when if they bring in the person of the Party the Judgment of the first Court granted to be reversed but the Amercement awarded against the Sheriff to continue and not be remitted XXIII Adjournment to the two last days for Determination of References by Avisare Volumus or Actions entred in Court time ANd whereas this Act enjoyns the proportioning so many Actions to a day but gives liberty to Arrest in Court time to the last days of the Court and whereas some Cases of Difficulty may be presented Adjournment to the two last days for determination oâ— References by Avisare Volumus upon which the Court may desire to advise Be it therefore Enacted That as soon as the Court hath sat so many days as are filled with Actions it shall be Adjourned to the two last days of that Court and whatever the Court hath referred by their Avisare Volumus and all Actions entred in Court time as aforesaid shall be then tried and determined XXIV Criminal Causes to be tried at the General Court Crimminal causes to be Tried only at General Courts and on the Fourth day WHereas men of the greatest Abilities both of Judgement and Integrity do usually meet at the General Courts whither their Ocasions do frequently call them and because any thing that concerneth Life or Limb requires the ablest Juries to enquire of it Be it Enacted That all Criminal Causes that concern either Life or Member shall be tried at the General Courts only the Fourth day of the said Courts Juries to be Chosen out of the Neighbour-hood And because the Laws of England do enjoyn Juries to be chosen out of the Neighbour-hood where the Fact was committed according to which the remoteness of our Habitations doth not admit us so fully to practice as we desire yet that we may come to them as near as possible we may and because it is very requisite that part of the Jury at least should come from thence who by reason of their nearer acquaintance with the business may give information of divers Circumstances to the rest of the Jury Be it therefore Enacted That immediately after the commitment of any person found Criminal by the Grand Inquest The manner of proceeding by Juries in Cases Criminal the Sheriff of the County to whose Custody he is committed shall give notice thereof to the Secretaries Office at James City and the Clerk of that Office shall presently send a Venire Facias to the said Sheriff to impannel Six men of the ablest and nearest of the Inhabitants of his County Sheriffs to Impanel Juries to that place where the Fact was committed to be of the Jury for Trial of that Cause returnable the said Fourth day of the next General Court where the said Jury-men are bound to appear What Allowance Jury-men shall have for their Charges and for their Charges the Countrey shall allow to each Man Twenty pounds of Tobacco per day for each day they may be reasonably coming to and returning from James City and Fifty pounds of Tobacco per day during their Attendance there about it Viz. from the day they are by the Writ to appear until they be discharged and that the rest of the Jury be made up of the By-standers XXV The Governour and Two of the Council to go the Circuit VVHereas the Honourable Governour out of his singular care of his due Administration of Justice in all Courts and that he might be the better enabled to render his Majesty an exact account of the Government hath been pleased to take upon him and the Council the pains of Visiting all the County Courts of the Countrey Be it therefore Enacted That the Honourable Governour and one of the Council or upon the urgent Affairs of the Countrey hindering the Governour The Governour or Two of the Council wh m he shall Commissionate to go the Circuit yearly that the Governour commissionate too of the Council for every River yearly in August to set Judges in all the County Courts and there hear and determine all Causes then depending in them by Action or Reference from any other preceeding Court in that County Provided no Councellor be appointed to go the Circuit in the River wherein he doth inhabit XXVI Appeals how to be made VVHereas many appeals are made from County Courts to General Courts and from General Courts to Assemblies whereby the speedy Execution of Justice is often retarded and many persons disabled by the Charge of going to James City to prosecute are forced many times to desist from the Claim of their just Rights Be it therefore Enacted Appeals from County Courts how to be made and to whom That for the avoiding Delays and for the ease of the Inhabitants all Appeals made in any Court after the General Court in March be referred to the Hearing of the Governour or Itenerary Councils in their Circuit from whose Sentence there if any person will appeal if the Governour be present shall be made to the next Assembly if two of the Council then to the next General Court from which the said Councellors during the Trial of such Cause or Causes in which they had at the County Courts given their Opinions shall be suspended but because in the Winter time the General Courts are more frequent and all Causes there receive a speedier determination and because Tobacco being only then payable may be paid in kind
of the small Estate they have without diminution of the Principal which whether great or small always to be delivered to the Orphan at the years appointed by Law That all Cattle Horses and Sheep be returned in kind by the Guardian according to the age and number when as he received them Cattle Horses and Sheep shall be returned in kind and because several had before the first making of this Act Estates of Orphans in their hands which they kept for the male increase and giving the yearly Accompt of the augmentation or diminution of the Orphans Stock which by the carelessness or wickedness of the Guardians was usually consumed before they came to age and disputes thereupon arise in the several Courts how such persons should be proceeded with and Accounts of Orphans Estates how to be given them it is hereby declared That all persons possessed of Orphans-Stocks before the first making this act shall be bound to deliver to the Orphan when he comes to age such and so many of any kind as he was possest of when he gave his account to the next Orphans Court succeeding the Publication thereof That all Plate and Money be preserved and delivered in kind according to the weight and quantity Plate and Money shall be also returned in kind other Houshold-Stuff shall be appraised and sold that other Houshould Stuff and Lumber be apprized in Money and the value thereof paid by the Guardian to the Orphan when he comes to age in the Country Commodities at the price currant as it shall be worth at the time in the place where the Orphan Estate is managed That the Court take able and sufficient security for Orphans Estates and enquire yearly of the Security and if the Court see Cause to have it changed and called in and placed as the Court shall think fit the said Court to inquire also whether Orphans be kept maintained and educated according to their Estates and if they find any notorious defect to remove the Orphans to other Gaurdians and also for those that are bound Apprentices to change their Masters if they use them rigorously or neglect to teach them their Trades That no more be allowed to Guardians for Collecting of Debts due to any Estate than Ten in the Hundred Ten per Cent allow'd to Guardians for collecting Debts due to Orphans the usual allowance of Merchants to their Factors and Attorneys That Thirty Pounds of Tobacco per day be allowed to each Apprizer for Apprizement of any Estate if they will take it and no more Allowance for Appraisement and for Funeral Charges regulated That no allowance be made by the Court of excessive Funeral expences but that a Regulation thereof be made according to the proportion of the Estate and the quality of the person LXVII Orphans Land not to be Aliened BE it also Enacted for the future benefit of all Orphans That the several County Courts do take into their serious Consideration and Care that the Lands in their County belonging to any Orphan be not aliened sold or taken up as deserted Land by any persons during the minority of the Orphan and that the Guardians or Overseers of any Orphan do not Let Set or Farm out any Land belonging to any Orphan for longer Term than until the Orphan be of age and that an especial care be had that the Tenant shall improve the Plantation by planting an Orchard and building a good House and that the Tenant be bound to maintain good Fence about the Orchard and keep the House in sufficient repair Timber upon Orphans Land not to be wasted and the Houses to be kept in repair and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all waste of Timber or imploying it to any other use then the use of the Plantation LXVIII Grants of Land BE it hereby Enacted That any person or persons claiming Land as due by Importation of Servants shall first prove their Title or just Right before the Governour and Council How persons claiming Land by importation of Servants must prove their Title or produce Certificates from the County Courts to the Secretarys Office before any Survey be made or Grant admitted it being unreasonable that others furnished with Rights should be debarred by Pretence of a survey which in it self is no Title LXIX Deserted Lands BE it also Enacted No Deserted Land shall be taken up by Patent till after the term of Three Years without Order obtained of the Governour and Council That no Patent of Land shall hereafter pass upon pretence that the Land is deserted for want of planting within the time of Three years unless proof thereof be made before the Governour and Council and an Order obtained from them for the Patenting thereof neither shall the first Petitioner for any Deserted Land be denied of having the first Grant he making his Rights appear when he Petitions for the Land And whereas the former Act concerning Deserted Lands reserved to the first taker up his Rights to take up Land in an other Place It is here Enacted That in regard he hath had the benefits of his Rights held the Land in Possession might make use of the Timber without contradiction and yet neither pays the King any Rents nor suffers him to admit any new Tenant that the Rights as well as the Land shall be forfeiâ—ed and the Grantee made incapable of using any of them afterwards Provided That any Person having taken up Land deserted before the making of this Act in November 1652 shall not by Virtue of this Act be outed of Possession LXX Seating upon others Dividends WHereas divers Suits have risen about seating ignorantly upon other Mens Lands Any Person who has built upon Lands supposed his own but upon Survey prove to belong to another shall have the charge thereof allow'd by the right Owner for deciding the same Be it Enacted That if any Person whatsoever hath built or seated upon any Lands supposed his own but proving by a just Survey to belong to another the charge of such building seating or clearing shall by Twelve Men upon their Oaths be indifferently valued and the consideration by the said Twelve Men so adjudged shall be paid by the Owner of the Land to the first Seater that was at the charge but if that shall amount to more than the said Owner is willing to disburse then the said Twelve Men shall make a valuation of what the Land was worth before the Seating thereof Or else shall Purchase the Land Twelve Men upon Oath are to decide any Controversy arising thereupon which the Seator shall accordingly pay to the true Owner Provided always That no consideratien shall be allowed for building or clearing to any Person that shall obstinately persist after lawful warning given him to desist LXXI Not to shoot or range upon other Mens Lands WHereas the Rights and Interests of the Inhabitants are very