Indian Corn shelled two shillings At what Rates such Commodities shall be valued or twenty pound of Tobacco per Bushel Flax from the break or Swingle seven pence farthing or six pound of Tobacco per pound Hemp rended pealed or braked four pence three farthings or four pound of Tobacco per pound Wool washed before shearing nine pence three farthings or eight pound of Tobacco per pound Butter six pence or five pound of Tobacco per pound Tallow four pence three farthings or four pound of Tobacco per pound Fresh Pork with head feet and leaf or without twelve shillings or one hundred and twenty pound of Tobacco per Cent Fresh Beef ten shillings or one hundred pound of Tobacco per Cent Inch Plank for one thousand foot fifteen shillings or one hundred and fifty pound of Tobacco Tar in Barrel cont thirty two Gallons fifteen shillings or one hundred and fifty pound of Tobacco Pipe-Staves per thousand six-score to the Cent. three pound or six hundred pound of Tobacco Hogshead-Staves per thousand six-score to the Cent. two pound eight shillings or four hundred and eighty pound of Tobacco Barrel-Staves per thousand six-score to the Cent one pound thirteen shillings seven pence farthing or three hundred thirty six pound of Tobacco Buck-Skins drest each two shillings four pence three far things or twenty four pound of Tobacco undrest one shilling two pence farthing or twelve pound of Tobacco Doe-Skins drest each one shilling nine pence halfpenny or eighteen pound of Tobacco Undrest eleven pence or nine pound of Tobacco Which Commodities must be at the time of tender good sound wholsom and Merchantable in their kind and if any difference happen therein the same shall be determined by two of the Neighbourhood appointed and required thereunto Vhis Act extends not to quit Rents Customs How long this Act is to continue in force by the next Justice of the Peace Provided and it is hereby enacted and declared that this Act or any thing therein contained doth not extend to the Quit-Rents or other his Majesties Dues or Customs Provided always nevertheless and it is the true intent and meaning of this Act that this Law shall continue in force until the tenth day of November which shall be in the year of our Lord 1685. and no longer any thing in this Act contained to the contrary notwithstanding XIII An Act for the Publick Levy BE it enacted by the Governour Council and Burgesses of this General Assembly and the Authority thereof that the sum of eighty nine pounds of Tobacco be paid by every tythable Person within this his Majesties Colony and Dominions of Virginia for the payment and defraying of the publick charge of the Country being the publick Levy for this present year and that it be paid by the collectors of the several counties to the several Persons to whom it is proportioned by this Present General Assembly FINIS AN ALPHABETICAL TABLE A Accounts ACcounts against Dead Mens Estates Page 70. Ballancing Accounts of Deceased Persons ibid. Accounts against Dead Mens Estates shall be admitted in Discount Page 71. Accounts shall not be pleadable after Three years by persons living in the Country Page 179. Actions and Arrests Actions shall be proportioned to the number of Twenty for each day Page 17. No Arrest without Entry of Action first made Page 27. Sheriffs shall take sufficient Bail of Persons Arrested Page 35. No Arrest shall be made on Sundays Page 43. Nor on the Thirtieth of January or Twenty-ninth of May Page 44. Prison-breakers Felons c. excepted ibid. Actions proportioned to the Forenoon and Afternoon Page 127. No Arrest shall be served at James City during the General Assembly nor Five days before and after except upon persons dwellng in James City-County Page 130. Sheriffs Fees for Arrests Page 175. Inhabitants of James City-County freed from Arrests during the General Assembly Page 295 Acts. No Act of Court or Proclamation shall contradict an Act of Assembly Page 66. All Acts for Encouragement repealed except the Act releasing the Imposition of Two Shillings per Hogshead to the Inhabitants of this Collony Page 148. All Acts of Assembly made during Bacon's Rebellion repealed Page 199. An Act declaring the year 1676 to be out of the Statute of Limitations Page 227. An Act of Free and General Pardon Indempnity and Oblivion Page 246. Persons excluded from the benefit of the said Act Page 248. An Act for Raising a Publick Revenue for the better support of the Government of this Collony Page 254. Penalties upon such as shall publish or declare that the Acts of Assembly are not of force Page 294. Address An Act for an Address and Supplication to the King's Majesty Page 190. Levies for carrying on the same Page 191. How to be raised ibid. Administrations c. To whom Administrations shall be granted Page 48. Administrations shall not be granted till Nine Months after the Parties decease ibid. Administrators shall give in Security to the Court Page 49. Amerciaments Amerciaments in General and County Courts stated in the former 50 l. of Tobacco per Cause in the later 30 l. Page 23. An Account to be kept of Amerciaments ibid. Sheriffs shall collect Amerciaments ibid. An Act disposing Amerciaments upon cast Actions Page 208. Ammunition An Act for supply of Ammunition Page 86. Every person able to bear Arms shall keep in his house a Gun 2 l. of Powder and 8 l. of Shot ibid. An Act for supply of Ammunition Page 148. Each County impowered to make By-Laws for the provision of necessary Ammunitition at the Charge of the County ibid. An Act for the supply of Arms and Ammunition Page 185. Captains of Foot and Horse to take an account of what Arms and Ammunition are wanting Page 186. An Account thereof shall be given to the County Courts ibid. Levies to be raised by the County Courts for providing of Ammunition in their respective Counties ibid. What Ammunition shall be provided ibid. Appeals How Appeals shall be made Page 21. When they shall be made to the General-Court Page 22. Proviso's in Case of Appeals ibid. In what Cases only Appeals shall be made from Northampton-County ibid. No Appeals from County-Courts to the General-Court save only in Cases Criminal ibid. Appeals to the General or County Courts when Physicians or Surgeons are unreasonable in their Demands Page 68. Defendants in Appeals shall give security to Answer the Appeal Page 110. Damages given in County-Courts upon Appeal to the General Court if cast there shall be raised 50 per Cent. Page 158. Appraisement Appraisement of Goods Seized by whom Page 37. Goods shall remain in the Plantiffs Possâ—ssion till after Appraisement ibid. Allowance for Appraisement and for Funeral Charges Page 51. Things Impressed shall be Appraised by two Men of the Neighbour-hood Page 222. Artificers Tradesmen c. Artificers not planting Tobacco freed from the payment of Levies for three years Page 42. But shall pay double Levies in case they Claim
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
conferring of Baptism doth not alter the condition of the person as to his Bondage or Freedom That divers Masters freed from this doubt may more Carefully endeavour the propagating of Christianity by permitting Children though Slaves or those of greater growth if capable to be admitted to that Sacrament III. An Act of encouragement for Erecting Mills WHereas it would conduce much to the Convenience of this Country both for grinding of Corn and nearer Roads if Mills were erected at convenient places which divers persons would willingly do if not obstructed by the perverseness of some persons not permitting others though not willing themselves to promote so publick a good It is enacted by this present Grand Assembly and the authority thereof Two Commisioners may be impowered by the County-Court to appoint conveninient places whereon to erect Mills that if any person willing to erect one or more Mills upon convenient places hath Land only on one side the said place and the Owner of the Land on the other side refuse to let him have an Acre of Land to the use aforesaid That then the Countie-Court upon request of the Party so refused shall order and impower two Commissioners or such other Credible Person as they shall think fit to view the said Land And if it take not away housing or Orchards or other immediate Conveniences then to vallue the said quantity of Land and to put the same into the possession of the Party building the said Mill or Mills he paying the consideration the Land is valued at And it is further enacted Also for building of Churches or Court-houses that the like liberty shall be granted for two Acres of Land and no more for erecting Churches or Court-houses Provided that in case of desertion of any Structure the Land shall revert to the first Proprietor he paying what he received for it IV. An Act for Roads to Houses VVHereas the dispatch of Business in this Country is much obstructed for want of Bridle wayes to the several houses and Plantations It is Enacted by this Grand Assembly and the authority thereof that every person having a Plantation Convenient passage for Man and Horse shall be made to every Plantation shall at the most plain and convenient place that leads to his house make a Gate in the Fence for the Convenience of passage of Man and Horse to his house about their Occasions at discretion of the Owners V. An Act against Exportation of Corn. Vide Act 3. Anno 1675 6. VI. An Act for Rating of Ordinary-Keepers Vide Act 10. Anno 1676. VII An Act for Forts to be built in each River Vide Act 2. Anno 1668. and Act 1. Anno 1672. At a Grand Assembly held at JAMES CITY September 17. 1668. I. An Act for Establishing a Fast WHereas the many Sins of this Country may justly provoke the Anger of Almighty God against us and draw down his Judgments upon us unless diverted by a timely and hearty Repentance The Governour Council and Burgesses taking the same into their serious consideration have enacted and do by these Presents enact That the 27th day of August next be set a part for a day of Humiliation hereby strictly requiring all persons on that day to repair to their Respective Parish-Churches with Fasting and Prayer to Implore Gods Mercy and deprecate the Evils justly impending over us And be it further enacted that if any person or persons in contempt hereof shall be found on that day Gaming Drinking or Working works of necessity excepted he or they so offending upon Presentment of the Churchwardens and proof thereof made to the Vestry shall be fined one hundred pounds of Tobacco half to the Informer half to the poor of the Parish And it is further enacted that all Ministers in the Parish where they reside be required to repair themselves to the solemnizing that day II. An Act for dispensation of Ship riding under the Forts WHereas the Act for erecting Forts enjoynes all Ships trading into this Country to ride within the command of the Forts now erected for security of the said Ships in times of War and Danger and since God hath restored to us the Blessing of an Universal Peace by which the necessity occasioning that injunction is taken away The Governour Council and Burgesses of this Grand Assembly for the ease and convenience of the Inhabitants and Traders have enacted and by these Presents do enact That Licence and Liberty shall be and hereby is granted to all Merchants and Masters of any Ship or Vessel that already is or hereafter shall come into any River of this Country Ships permitted to Ride in any part of the River where they may most conveniently unload to ride with their Ships in any part of that River they shall make choice of for better dispatch of their Affairs and this permission to continue in force until the Governours Honour find just cause to command the contrary III. An Act concerning Dammages in Appeals WHereas the present Act about Appeals seeming to take care only of the dammages sustained by Creditors in actions of Debt is difficult in prescribing a Remedy upon actions in the Case Trespass c. By which impunity litigious persons do more boldly persist in stirring up and prosecuting malitious and unjust suits to the great trouble vexation and dammage of many honest men and the breach of His Majesties Peace for Redressing whereof It is enacted by the Governour Council and Burgesses of this Grand Assembly Costs and Dammages given in County-Courts upon Appeal to the General Court if cast there shall be raised 50. per Cent. and the authority thereof That in all actions the dammages costs and reasonable expences of suit recovered against the Appellant in the County-Court by Judgment or Verdict of a Jury shall have fifty per Cent. raised upon all those costs and dammages in the General Court or Assembly if Appeal be made to the General Court against the person Appealing if cast in the suit IV. An Act about Correction of Runaways WHereas it hath been questioned whether Servants running away may be punnished with corporal punishment by their Master or Magistrate since the Act already made gives the Master satisfaction by prolonging their time of Service Corporal punishment may be inflicted on Runaways It is enacted and declared That corporal punishment moderately inflicted on a Runaway-Servant by Master or Magistrate shall not deprive the Master of the Satisfaction allowed by the Law the one being as necessary to reclaim them from further persisting in that idle course as the other is just to repair the Damages sustained by the Master V. An Act Impowering County-Courts to build Work Houses assisted by the Vestry Vide Act 10. An. 1666 VI An Act permitting the Exportation of Horses and Mares WHereas the numbers of Horses and Mares is so increased that there appears not any occasion to continue the Restraint of their Exportation It is enacted by this Grand
Appeals when they shall be made to the General Court It is Enacted That all Appeals made from October December and other intervening County Courts be made to the next succeeding General Court and from thence to the Assembly and because there may be as great Errors of Judgement or Will in matters of small value as in the greatest It is further Enacted That Appeals shall lie open as aforesaid for any thing of what value soever Always provided That the Appellant put in good Security for Prosecuting the Appeal and payment of Fifty per Cent. Damages to the Defendant if the Appellant be cast in the Suit for his unjust molestation Proviso's in ease of Appeals Provided also That no Appeals be made from Northampton County whose remoteness and dangerousness of passage is such as is not for inconsiderable Causes to be attempted under the value limited by former Acts of Assembly In whaâ— Cases only Appâ—als are to be mâ—â—â— from Nâ—â—â—hâ—mpton County being Three thousand pounds of Tobacco or Thirty pound Sterling any thing in this Act to the contrary notwithstanding And be it further Enacted That all Causes of what Value or Nature soever not touching Life or Member may be tried at the County Courts and that no Arrest be made to the General Court in any Action under the value of Sixteen hundred pound of Tobacco No Appeals from County Courts to the General Court save only in Cases Criminal or Sixteen pounds Sterling upon penalty of Five hundred pound of Tobacco to be paid by the Plantiff to the Defendant for his Charges XXVII Amerciaments in the General Courts Fifty Pound of Tobacco per Cause in County Courts Thirty per Cause WHereas many Suits are raised upon frivolous occasions by Litigous persons for prevention thereof for the future be it Enacted and Confirmed That all persons whatsoever that are cast in any Cause be they Plantiffs or Defendants Amerciaments in General and County Courts stated shall be amerced besides the Damages and Costs to the Recoverers Fifty pounds of Tobacco in General Courts to the use of the Publick and in the County Courts Thirty pounds of Tobacco for the maintainance of the Commissioners for the due Collecting whereof be it Enacted That the Clerks of the General Courts and the several County Courts An Account to be kept of Amerciaments keep an exact Account of the Amerciaments and deliver or send the same to the several Sheriffs of the particular Counties who are hereby required to collect the same with the Levies and are accordingly impowered for Default of payment to make Distress Sheriffs to collect them and commanded not to return any Arrears Executors and Administrators who cannot pay without Orders always excepted XXVIII Subpoena's to be issued by the Clerk BE it also Enacted When the Clerk shall issue Subpoena's and when a Dedimus Potestatem That the Clerk of the General Court shall issue Subpoena's from the Secretaries Office for all Evidences required in the Trial of any Cause there depending if the Witnesses required do not dwell beyond the Bay or the North side of James River and if they do that then a Dedimus Potestatem shall issue for taking the Deposition in the County or Counties where the Witnesses do dwell Evidence shall be given viva voce in Cases Criminal Provided always That in Criminal Causes all Witnesses be bound over to give in their Evidences viva voce at the Trial in the General Court XXIX Dedimus Potestatem how to issue WHereas many Causes between parties and parties are lost for want of Evidence who living so far remote cannot but at a Charge and Expence far exceeding the value of the Cause be brought to give it viva voce at the General Court or at the County Courts if the party dwell out of the County or else a greater mischief is introduced by the partial and illegal Examination of Witnesses in presence of but one party before some one Commissioner perhaps too favourably inclined to the party in whose behalf the Depositions are taken besides the trouble expence and hindrance of the Witnesses themselves who many times are forced One hundred Miles from the Place of their Residence for a small allowance to give Evidence in Trials of petty and inconsiderable values for remedy whereof and that all Parties may with more convenience less trouble and cost have their Evidences impartially and legally taken Be it Enacted and Confirmed That if the Cause to be tried at the General Court the Governour if in any County Court any one of the Council or the Judge of the Court A Dedimus Potestatem in what Cases to be granted by whom and to whom it shall be directed shall Grant and Sign a Writ of Dedimus Potestatem for Examination of Witnesses in the Counties where they dwell directed to Three such Persons as the Plaintiff and Defendant if they both desire the Writ shall by consent make choice of and nominate but if it be the single request of either Plaintiff or Defendant then the Governour Councellor or Judge of the County Court out of Court time shall nominate and appoint three or more such indifferent Persons to Examine all such Witnesses as by the Party desiring the Writ they shall be moved to Summon before them and to this end the Commissioners thus made choice of or appointed to execute the Writ or any two of them shall by the said Writ be impowered and required to appoint a time and place when and where they will receive the Evidences and to issue out Subpoena's for their Appearances accordingly and if upon such Summons any of the Witnesses refuse and neglect to come and give in their Evidences then the Commissioners or any two of them The Non-appearance of Witnesses in case of a Dedimus Potestatem finable be further impowered by this Act to lay such a Fine upon them as the Act of Assembly gives in such Cases for Non-appearance of Witnesses at the General or County Courts Provided always That the Parties procuring the Writ shall give the Party concerned against him notice of the time and place when and where the Commissioners intend to sit at least ten days before the day appointed by the said Commissioners for putting it into Execution And be it further Enacted That the said Commissioners or any two of them which take the said Examinations shall immediately subscribe them seal them and the Writ up and return them with the Writ so sealed up to the Clerk of the General Court if the writ issue from the Governour or else to the Clerk of the County Court whence the Warrant issued by either of the said Clerks to be read at the time of the Tryals of the Cause in either of the said Courts XXX Penalties for Non-appearance of Evidences BE it also Enacted That the Penalties to be inserted in Sub-poena's to the General Courts for Non-appearance of the Evidences summoned Penalty of
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
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
to pay Levies FOr Explication of the Laws which have seemed to Exempt Artificers c. from paying Levies Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof All Merchants Tradesmen Artificers above the age of 16 shall pay Levies that no Tradesmen Merchants nor any Artificers whatever above the age of sixteen years be exempted for the future from payment of Levies any Act Custom or usuage to the contrary notwithstanding At a Grand Assembly held at JAMES CITY the Twenty first of September Anno 1674. I. An Act for an Address and Supplication to be made to the Kings most excellent Majesty An Act for an Address and Supplication to his Majesty WHereas this Grand Assembly are deeply sensible of the many and grievous Pressures that are dayly growing and still likely to grow and be imposed upon the Inhabitants of this his Majesties Colony of Virginia by certain Lords Pattentees who under Colouâ— and pretence of promoting the good of the Colony and augmenting his Majesties Revenues have obtained certain Letters Pattents and grants derogating and in prejudice of many Royal Concessions and grants from time to time granted by his Majesty and his royal Progenitors in favour to this Colony all which may be justly feared the said Lords by their Deputies and Ministers will endeavour to make void and of none effect by imposing new rents and Services altering the form of our Tennors compelling us to new Surveys and new Patents imposing fines and Compositions on Surplusage Lands and Lapses at their will and pleasure by Nominating of Sheriffs Escheators Surveyors and other Officers and in effect devesting the Government of those just Powers and Authority by which this Colony hath hitherto been kept in Peace and Tranquillity and all mens rights and Properties preserved unto them and whereas the said Grand Assembly on great Deliberation have considered by what convenient ways and means those Agrievances might be removed how our Liberties Priviledges immunities rights and Properties might be had made and established to us and our Posterity have thought fit that an humble Address and Supplication be made to his Sacred Majesty by this Grand Assembly in the name of this his Majesties most Loyal Colony setting forth as well by what Legal Grants and Concessions his Majesty and his Royal Progenitors have from time to time been graciously pleased to indulge this Colony the grievous Pressures likely to grow on us by reason of the late Grants to the Lords That his Majesty would graciously please to Revoke the said Grants to the Lords and for securing us from our fears in time to come of being removed from his Majesties immediate Protection To confirm our Liberties Priviledges Immunities rights and Properties as aforesaid by his Majesties Royal Charter that certain Gentlemen in whose honour integrity Care for promoting the good of this Country this Grand Assembly have a just Confidence be desired to Address themselves to his Majesty in the name of the Grand Assembly and Negotiate in England all other publick affairs of this Country and because it is manifest that a work of this Nature is not to be undertook nor effectually prosecuted without money and that we be not imprudently wanting to our selves in a matter of so great Importance this Grand Assembly have thought fit that a sum of Money be raised of and from the Inhabitants of this Country to be used and Imployed towards the Accomplishment of the ends and Purposes aforesaid Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that fifty pounds of Tobacco besides Cask and Sallary be Levyed from every tythable person within this Colony this present year Levies to be made for carrying on the same and fifty pounds of Tobacco besides cask and Sallary the next year and that this be disposed to several Undertakers at the rate of Eight Shillings per Cent. for producing Money as aforesaid and Accomplishing the ends and Purposes aforesaid in manner and Form following viz. The Fifty pounds of Tobacco to be Levyed this present year in the Counties of York New-Kent Glocester and Middlesex be paid to the several Undertakers of those Counties at eight Shillings per Cent How to be raised by the Sheriff or Collectors of those Respective Counties They paying double the money this present year That Fifty pounds of Tobacco per Poll doth amount to at Eight Shillings per Cent. and to accept of their full Compensation of their present disbursments Fifty pounds of Tobacco per Poll. of the same Counties aforesaid the next year and that the Undertakers for the rest of the Counties in Virginia pay no more money then Fifty pounds of Tobacco doth amount to at Eight Shilling per Cent. this present year to be paid them by the Sheriffs or Collectors of those Counties aforesaid and the like summ of money next year upon payment made to them of fifty pounds of Tobacco per Poll. and ordered them to be Levyed and that all Sheriffs and Collectors who have the charge of those Payments to the Undertakers be and are hereby strictly required to cause Payment to be made of the best Tobaccoes and as convenient as may be Provided alwayes that if no Undertakers do present themselves for any of those remaining Counties that then the Respective County-courts are hereby required and commanded to Ship the Tobaccoes within the Counties for England and consigne it to sufficient Merchants and to cause the neat produce of it to be paid unto Mr. Secretary Ludwel and Colonel Daniel Park for the Account of the Grand Assembly of Virginia And be it further Enacted by the Authority aforesaid that the money which shall be found due on the ballance of the Account of the two Shillings per Hogshead be also remitted into England to the Order of the Grand Assembly as aforesaid And whereas this Grand Assembly are also sensible by the lowness of the publick Revenue that money may yet be wanting for the advance and carrying on this most necessary work Be it also further Enacted by this Grand Assembly and the Authority thereof that seventy pounds of Tobacco per cause in the general Courts and fifty pounds of Tobacco per cause in the County-courts shall be amerced in the name of the Penalty upon every Person that shall be cast in any suit except in Action of debt in which if any be cast he or they so cast as aforesaid shall be Amerced in the general court Fifty pounds of Tobacco if in the County-court thirty pounds of Tobacco and in case of appeals double Provided nevertheless that all causes of Orphans be out of this clause of amercements utterly excused and foreprized and be it further Enacted by the authority aforesaid that the clerks of the county courts give account of the said amercements also of all lines arising on Penal Laws at the raising of the Levy when the courts