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
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
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-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
Non-appearance upon Sub-poena ' s. be One thousand Pounds of Tobacco and for like Default of the County Courts Three hundred and Fifty Pound of Tobacco and that all Witnesses summoned to give in their Evidences at either of the said Courts Charges allowed to Witnesses shall be allowed for their necessary time spent in coming and going to and from the said Courts Twenty Pounds of Tobacco per day and for the time they attend there until they have given in their Evidences Forty Pounds of Tobacco per day and because many maliciously to aggravate the charge of the Suit summon many more Witnesses then are needful Be it therefore further Enacted That there shall not be allowed in any Bill of Costs the charge of above Three Witnesses to any one Action The number of Witnesses limited unless for proof of several Matters incident thereunto which severally may require the attestation of Two Witnesses XXXI County Courts Appointed BE it also Enacted for the more due Administration of Justice in the several Counties and the greater ease of the People in obtaining the same the Courts be continued in each County County Courts their Institution and how to be formed as of long time hath been accustomed and that the said Courts do consist of Eight of the most able honest and judicious Persons in the County which Eight or any Four of them whereof one to be always of the Quorum are to be impowered by Commission from the Governour for the time being to act according to the Laws of England and of this Countrey and to impower them severally and out of Court to act and do all such things as by the Laws of England are to be done by Justices of the Peace there And be it further Enacted That the Persons thus Commissionated Members of County Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace that they be called Justices of Peace that the Courts be stilled County Courts and further That the Justices do keep the said Courts precisely upon the days appointed by this and former Acts of Assembly viz. At what places and when County Courts shall be held Henrico the 1 day Charles City the 3 day James City the 6 day Isle of Wight the 9 day Nanzemond the 12 day Lower Norfolk 15 day Elizabeth City the 18 day Warwick County the 21 day York County the 24 day Nothampton the 28 day New Kent the 28 day Gloucester the 16 day Lancaster the Rappahanoch the Surry the Northumberland the Westmorland the And all Adjournments by all means possible be avoided and that all the Justices of the said Courts respectively shall duly attend the same and shall not depart or absent themselves from thence without the licence and consent of the rest of the Justices there present and if any of them shall happen to have a lawful Cause of absence it is thought fit that in such Cases they shall upon the First day of the Court signify the same to the Court by Writing and that they make good proof of the Truth thereof at the next ensuing Court or else being delinquent in the premises every Justice so offending shall forfeit for every time of his absence Three hundred pounds of Tobacco to be imposed by the Court and disposed of to the good of the County XXXII No Arrest without Entry of Action BE it also Enacted That all Actions to the County Courts and Subpoenas for Witnesses or in Chancery be first entred with the Clerk of the County or his known Deputy before any Arrest made or Summons served under Penalty of Five hundred pound of Tobacco to be levied upon the Sheriff that shall presume to serve any Process contrary to the Tenor hereof And be it Enacted That the Plantiff in any Action shall at least the day before the Court enter his Bill of Complaint Actions to be entred before Arrests and leave it in the Clerks hands that the Defendant if he will may have a Copy thereof and accordingly provide his Answer but the Original Declaration or Bill to be always filed in the Office XXXIII The Defendant to put in his Answer ANd be it further Enacted That for the better regulating and keeping the Records and transfering the President to Posterity as also for prevention of new Suits upon mistake of the grounds of others that as the Plantiff both in General Courts and County Courts files his Declaration so the Defendant in both those Courts shall also put in his Answer in writing Answers to Declarations shall be filed and that the Judgement if for the Plantiff be endorsed on the Declaration if for the Defendant on the Answer and further that all Evidences concerning that Cause be filed together with them and by the Clerk carefully preserved XXXIV Form of Entring the Court. BE it also Enacted That the Form for Entring the Stile of the Court Form of Entry in County Courts Proclamation for Silence the Cryers calling the Plantiff and the Defendant to Answer be observed in the County Courts as well as in the General Courts varying only in the Title of the Court and the Assessors XXXV Court not to take Cognizance of any thing under Two hundred Pounds of Tobacco AND be it also Enacted That the Court shall not take Cognizance of any Cause under the value of Two hundred pounds of Tobacco or Twenty Shillings Sterling which a private Justice may and is hereby authorized and impovvered to hear and determine And whereas many Vexatious persons do very much trouble the Courts and their Neighbours for babbling words Of what things Courts shall take Cognizance sometimes passionately but not maliciously spoken Be it therefore Enacted What Defamations are actionable That no Action be admitted for Defamation in any Court where the words are not Actionable and further that there be no words Actionable but such as if true might have brought the person to suffer Punishment by Law any other to be cast out of the Court and the Plantiff to be Non-suited not that liberty is hereby given or intended to any scurrilous person to abuse others at his pleasure but that his Majesties Courts be not for such Brawls forced to wave matters of greater consequence and because offences of this Nature may be determined by a particular Justice who is hereby impowered to bind the persons so offending to the good Behaviour or if they find not good security for the same to commit them to Prison till they find it XXXVI Private Courts Prohibited WHereas many things are acted and Administrations granted at private Courts which tends to the apparent Damage of divers of the Inhabitants of this Country Be it therefore Enacted Private Courts prohibited That no private Courts be kept but that all business triable or grantable by or at the County Courts be tried and
several Counties not building such Prisons liable to the Sheriff for the escape of any person committed to his Custody which Acts have for want of a Penalty never been put into Execution for want whereof Felons may escape and Debtors for want of due restraint delay always and defraud oftentimes the Creditor of his just Dues and by means thereof the Law it self made wholly void which intended principally that all Men should by that restraint have been forced to make a speedier satisfaction For remedy whereof be it hereby Enacted A Prison to be built at the charge of the County That according to the said Acts a good strong Prison after the form of Virginia Houses be builded within Eight Months after the date of this Act by the Court at the charge of the County upon Penalty of being fined Five thousand pounds of Tobacco and be answerable for Escapes as aforesaid and the person breaking Prison Breaking of Prison shall be adjudged Felony shall according to the said Act. of the third of November 1647 be adjudged a Felon and that no person under Execution for Debt or imprisoned for Felony shall have the benefit of the Rules Who shall have the benefit of the Rules and all other persons having the benefit of the Rules shall be secured and lie in Prison every night at the Peril of the Sherriff XLIII Dwellers within the Rules of any Prison not to have any benefit thereof AND be it Enacted That if the Sheriff shall permit any person dwelling within the Rules of any Prison that is by Warrant or Order of Law committed to Prison to walk abroad out of Prison Such as dwell within the Rules shall not enjoy the benefit of them though with a Keeper and to have the benefit of the Rules or to lodge in his own House the said Sheriff upon Proof thereof made at the County Court by the Plantiff shall be ordered to pay the Debt as in case of Escapes XLIV Sheriff to be chosen in the Commission FOrasmuch as the Comissioners of the County Courts are by the Laws of this Country answerable for the Levies and Estreatments of each County of which the Sheriff is usually the Collector One of the Commissioners of each County shall be chosen Sheriff there be it therefore Enacted That none but one of the Commissioners of each County shall be Sheriff for that County And further That the Commissioners shall exercise the Office of Sheriff successively as they hold their places in Commission Sheriffs shall hold their Office a whole year and no longer every one a whole year and no longer Provided That every such Commissioner before he be admitted to take his Oath give in good Security for the due Execution of his Office and Performance of the Trust committed to him and then his Oath be administred to him And be it further Enacted That no Under Sheriff shall execute the Office of Under Sheriff in the same County above one Year The Vnder Sheriff Provided always That the Sheriffs of James City who are more immediate Officers than any other to the General Courts and the Publick shall be left to the Governours free Choice And further That if the Governour see cause for the better promoting any of his Majesties special Services it shall be left to his discretion to pass by any Person in any other Commission and to give the Place to those in the Commission he shall think most meet to supply the exigent of the present Occasions but because the Laws as well of England as of this Countrey prohibit the Executing the Office of Sheriff by any Person two years together the Governour is earnestly desired by the Assembly in any of his Elections not to infringe those Laws XLV Sheriffs not making Return VVHereas the Sheriffs often through neglect often for favour to the Debtors omit the serving the Process to them directed and making Returns thereof according to Law by means whereof the Courts are prolonged Justice is delayed and the Parties by their attendance and expences very much endamaged Be it therefore Enacted Sheriffs not making timely Returns fined 1000 l. of Tobacco That every Sheriff failing to make sufficient Return that is That the Writ is executed and the Name of the Bail taken of any Warrant to him directed three days at least before the day of the Return of the Writ in the General Court and two days before the County Courts shall be amerced One thousand Pounds of Tobacco one half to the Plaintiff if he sue for it and the other half to the County Provided That the said Plaintiff prove the delivery of the Warrant to the Sheriff XLVI Sheriffs to take Bail BE it also Enacted Sheriffs shall take sufficient Bail in Arrests That all Sheriffs shall take sufficient Bail of Persons arrested and perform the Award of the Court and if the Sheriffs shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be liable to pay the Award of the Court himself and shall also pay in case the consent to the escape be proved One thousand Pounds of Tobacco one half to the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appear not to answer the Suit then Judgment shall be awarded against the Bail Always provided That the Sheriff or Bail shall if they desire it have an Attachment against the Estate of the Party arrested and not appearing And further That if the Sheriff or Bail shall the next Court after that to which the Arrest was made bring forth the Body of the Party so arrested to answer the Suit then the Sheriff or Bail shall be acquitted for the Judgment passed against them XLVII Non est Inventus BE it also Enacted That if any Sheriff shall return a Non est Inventus upon which an Atachment by a former Act hath been usually granted when perhaps neither the Sheriff nor his Officer have been at the house of the Defendants to the great damage and disparagement of the said Defendant by having his Goods attached Be it therefore Enacted The Method of Proceedings relating to a Non est Inventus That henceforth the Sheriff or his Officer shall declare upon one of their Oaths that he hath been at the house of the Defendants and hath there left a Copy of his Writ before his return of Non est inventus be admitted and if he shall refuse to make such Oath then Order to pass against him according to the Act for Non-Returns but if the Return be proved and allowed in Court then after thrice summoning the Defendant by Proclamation in Court an Attachment shall issue against his Estate returnable the Court following where if the Defendant appear not to replevin the Attachment Judgment shall be granted to the Plaintiff for his Debt being made
obtain Credit here and contract several Engagements notwithstanding which Engagements past for valuable Considerations it often happens that the whole Estate is by pretended Accounts out of England Debts contracted in Virginia shall be first satisfied and Forreign parts taken away and the Countrey Creditors deprived by that means of their just Dues which this present Grand Assembly taking into their serious consideration Have therefore Enacted That in such Cases all Courts shall give a priority in Judgments for Debts contracted in the Countrey if the Claim be made within Twelve Months before which time no Forreign Debt shall be Pleadable unless there be Effects remaining after the Countrey Debts are paid But this Assembly intending hereby but only the prevention of frauds not the prejudice of any just Creditor that hath bonâ fide adventured his Goods into this Countrey hath therefore further Enacted That if any Factor coming out of England or any other of his Majesties Plantations shall within two Months after his Arrival make Entry in any Court of Record of the name of the Person adventuring by him and the value of the Goods adventured every such Adventurer shall if the Factor die have equal Pleading with the Inhabitants of this Countrey But in case no such Entry be made all Goods imported shall be taken to be the proper Estate of the Possessor And to the end all Merchants and other Persons concerned may have notice hereof It is further Enacted That this Act shall not be in force until the first of March 1665. II. An Act for Frontiers to be seated with Four able Hands WHereas Experience hath evidenced that the weakness of the Frontier Plantations hath animated the Indians to commit several horrid Murders This Grand Assembly endeavouring as much as may be the prevention thereof for the future have Enacted Plantations on the Frontiers to be strengthened with Four able Men well armed and by these presents do Enact That no person shall hereafter seat above the Plantations already seated but with Four able Hands well Armed at his first seating down Provided That such Persons that have already patented Land in any remote Parts may have Seven years granted them to seat and strengthen each particular Plantation with the aforesaid number of Four Men or else desert their Land III. An Act for Liberty to Plant. VVHereas many Endeavours have been used to induce the Province of Mary-Land to comply with this Government in the Endeavours of lessening the Quantity and advancing the Value of Tobacco which could it have been effected had undoubtedly much augmented the Happiness and Prosperity of both Countries but since the Government of Mary-Land have after so many Treaties and frustrated Expectations still continued their aversness Acts restraining Planting Repealed This Grand Assembly not thinking fit to lay a restriction upon this Government while they have so great a liberty have therefore repealed and anulled and do by these Presents repeal and anull all Acts or Proclamations whatsoever any way restraining the Inhabitants of this Countrey from making their utmost benefit of their Labour the ensuing year IV. An Act for the proportioning all Actions to the Forenoon and Afternoon WHereas the dispatch of business to the General Courts is very much retarded by the liberty granted to all persons Arrested to the said Courts to appear at any time within the day assigned in the Writ by the Plantiff by which means most Causes are referred to the Afternoon and that time being insufficient to hear and determine the said Causes the Court is thereby necessitated to put Business out of Course by referring them to the next Morning For prevention of which Inconveniences this Grand Assembly have thought fit to Enact and it is by the Authority thereof Enacted The time for Issuing out of Writs regulated That all Writs that shall for the future issue out of the Secretaries Office returnable to the General Court shall be divided according to the respective days into Ten for the Forenoon and Ten for the Afternoon and if the Plantiff shall at that time fail in appearing to prosesecute a Non-suit shall be granted against him and Judgment against the Defendant or Bail or Sheriff in case the Defendant fail of his Attendance to Answer V. An Act concerning the regulating the Secretaries-Office WHereas it is evident that in all Countreys the well and ill keeping of the Records is of the highest Consequence as being the only means to preserve the Rights and Properties of all the Inhabitants of the same and since it appears that there hath been a great Neglect in keeping the Records in this Countrey For remedy whereof for the future the Grand Assembly at the instance of the present Secretary Thomas Ludwel Esq have thought fit to Enact and be it by the Authority thereof Enacted That Captain Robert Ellison The Records to be carefully Stated Mr. Walter Chiles and the Clerk of the Assembly be appointed by the House to examine and state the Records as they now are and that for the future as soon as there is a place convenient to receive them No person may be permitted to view them without publick Order except only the Clerks of the Office or whom else the Secretary shall appoint no Person may have a view of them unless upon publick Order but the Clerks of the Office or whom else the Secretary shall appoint it being impossible to keep the Records certain when they are prostituted to the view of every one that will look into them who may as their interest leads rend out what may make against them Provided That any Person having occasion may be with the Clerk when he makes the Search for which Search there shall be paid to the Clerk for his Fee One Shilling or Ten pounds of Tobacco besides paying for the Copy of the thing searched for The Clerks Fee for searching the Records And it is further Enacted That but half that Fee shall be paid to the Clerk for searching the County Court Records VI. An Act for conveneing of the People upon the Summons of the Burgesses to adjourn Assemblies VVHereas the principal end of the Convention of Assemblies is the making Provisions for the peoples Safety and redress of the Grievances which being usually made known to the Burgesses of the respective Counties at the place and time of their Elections which upon Adjournment of Alsemblies is not done Notice to be given to the people by Proclamation when the Assemblies are to be adjourned by reason the Sheriff does not make publication of their Summons It is Enacted That for Convention of the Burgesses at this or future Assemblies adjourned timely notice may be given to the people by publication in the Parish Churches of the day appointed by the Sheriff of their meeting at the usual places of Election to present their Grievances to the Burgesses VII An Act concerning VVidows Thirds WHereas some doubts have arisen about the proportioning and
Act of Assembly providing for Lands for Churches and Mills and that there be allowed free liberty of ingress and egress to and from such house or houses not committing any Trespass Tobaccoes during their Transporting unto and whilst they are continued in the houses aforesaid are exempt from any Execution or Attachment for Debts contracted before the making this Act. for encouragement of all that shall Transport their Tobaccoes to the appointed places mentioned in this Act it is also hereby Enacted that no Execution Attachment or other Process in Law shall be executed or laid upon any the said Tobaccoeâ— in the time of the Transportation thereof to the said appointed places or in the Ware-houses for any Debt contracted before the passing this Act the party that removes or transports such Tobaccoes having first made Oath before a Magistrate that he is really and Bona fide Transporting the same to one of the said Ware-houses and for encouragement of Carpenters Sawyers Brickmakers Briclayers Labourers and all other Tradesmen whatsoever that will cohabit dwell and exercise their Trades within the said appointed places or any of them it is hereby enacted by the Authority aforesaid that all such persons so inhabiting shall within the limits and bounds of the several respective places be wholly free from any arrest of their persons or seizure of their Estates for such Debts as were formerly contracted for and during the term of five years to come next after the publication of this Law Tradesmen who will dwell in the places aforesaid shall be freed from the payment of former Debts of five years not barring the Creditor or Creditors to sue for and recover their Debts when the time of five years is expired any Law Custome or Usage to the contrary notwithstanding And it is hereby further Enacted that all such Tradesmen and Labourers cohabiting in the places aforesaid not planting tending or making Tobacco shall be free and acquit from paying any Publick Levy during the term of five years from the Publication of this Act. Provided always and it is hereby meant and intended to be meant Such persons not Planting Tobacco shall also-be freed from the pay-men of publick Levyes for 5. years that all such Debts as shall accrew by any bargain or contract made or to be made within the limits of the said appointed places or any one of them immediate Process may be granted thereon any thing in this Law to the contrary notwithstanding and for the more sure reserving all such Tobaccoes as shall be brought to the aforesaid Stores or Ware-houses No Collector shall make seizure of any Tobaccoes while in such places for publick County or Parish Levies to the use and advantage of the Owners thereof it is hereby further Enacted by the Authority aforesaid that no Collector or Collectors of Levy or Parish-Tiths shall make distress or seizure of any Tobaccoes in such places for publick County or Parish-Levies or for Sheriffs or Clerks-Fees but that all Sheriffs and Publick Collectors shall be and hereby are enjoyned to Collect and receive the Tobaccoes Due in their Collections as heretofore was usual and the Publick or other Creditor to receive the same accordingly And be it further Enacted by the Authority aforesaid and it is hereby Enacted that for the better adnavcement of the Price of Tobacco and lessening of Freight that no Merchant Facture or Adventurer whatsoever arriving with any Goods VVares Servants Slaves or other Merchandize whatsoever into this Colony shall presume to buy Ship off or Freight any Tobacco whatsoever from any of the before appointed places at any time or times before the twentieth day of March 1681. by which time it may be presumed and believed all Tobaccoes whatsoever which shall be made in this Colony may be brought to the said appointed places under the Penalty of forfeiting and losing all such Goods VVares c. and all Tobaccoes so purchased one half to his Majesty and the other half to him or them that shall or will inform or sue for the same any Law Usage or Custom to the contrary in any wise notwithstanding Persons dwelling within the said appointed places have liberty to sell their Tobacco at any time Provided always and it is hereby meant and intended that this Restriction shall continue two years from the said twentieth of March and no longer Provided always that notwithstanding any thing in this Act contained any Inhabitant dwelling within the said appointed places have liberty to fell such Goods and Merchandizes as they have of their own at any time Provided also and it is hereby Enacted that if two or more Counties lying convenient to each other shall within the two months before recited agree together on one common place and Town for each their Counties and lay out the ground for the same in Common betwixt and amongst them Where two or more Counties lye conveniently one such Ware-house may serve in Common and there build houses as by this Act is enjoyned that then such one Town so agreed on appointed laid out and built upon shall serve and be sufficient for such two or more Counties any thing in this Law to the contray notwithstanding and it is hereby further Enacted that all Magistrates take due care to see this Act be strictly observed and put in Eâ—ecution VI. An Act Ascertaining Attorneys Fees VVHereas all Courts in this Countrey are many times hindred and troubled in their Judicial proceedings by the impertinent discourses of many busy and ignorant men who will pretend to assist their Friend in his business and to clear the matter more plainly to the court although never desired or Requested thereunto by the person whom they pretend to assist and many times to the Destruction of his cause county- No Person not licenced by the Governor shall plead as an Atorney in the General or County-Courts and great trouble and hinderance of the court for prevention whereof for the future Be it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly And it is hereby enacted by the authority aforesaid that no Person or Persons whatsoever shall practise as an Attorney or appear to plead in the General court or any County-court in this countrey but such as shall be first Licenced by his Excellency or Successors thereunto and that any one that shall presume to plead in the General court or any County or other Court without such Licence first obtained and had shall forfeit for every such Offence committed in the County-court six hundred pounds of Tobacco The Penalty and in the general court 2000 pounds of Tobacco the one half to our Soveraign Lord the King his Heirs and Successors and the other half to the Informer to be Recovered by Action of Debt Bill Plaint or Information in the said court or courts where such Offence shall be committed and be it further enacted by the authority aforesaid that no Attorney
aforesaid the person concerned shall pay for his Composition as aforesaid But all Lands which shall hereafter lapse or which have lapsed within the two years last past the Composition to be made for with those by his Majesties Treasurer appointed and authorized thereunto And that the Widdow be admitted in the first place she making her Claim within Eight Months according to the Proposition abovesaid XIX COVRTS Courts formerly called Quarter Courts to be henceforth stiled General Courts VVHereas the name of Quarter Courts is altogether unsuitable to the nature of those Courts held by the Governour and Council both in respect there are but three of these Courts in the year as also because they are not equally distributed in the Quarters of the year September and November being too near and March too long from them to admit of that Title Be it therefore Enacted That the said Courts be no longer Stiled Quarter Courts but that they be henceforth called General Courts a Name more suitable to the Nature of them as being places where all Persons and Causes have generally Audience and receive Determination Whereas the Acts of Assembly already made are very defective in prescribing the Rules to be observed in the Proceedings both in those General and the Particular County Courts for want whereof many Errors are committed the respects due to the Courts so nearly representing his Majesties Sacred Person by the clamorous unmannerliness of the people lost and the order gravity and decorum which should manifest the Authority of a Court in the Court it self neglected And in regard the long omission of those hugely material though in themselves little things of form hath caused all things still to continue in the first Disorders It hath appeared necessary to this present Grand Assembly to set down the Rules and Forms themselves for the beginning continuance and proceedings in the said Courts as followeth And it is therefore Enacted That the General Courts begin and continue as followeth General Courts to begin and continue Rules for the beginning continuance and proceedings in Courts That March Court begin the Twentieth of March if it be not Saturday or Sunday and then the Monday following and hold Eighteen days not accounting Sundays in the number That September Court begin the Twentieth of September if it be not Saturday or Sunday and then to begin the Monday following and hold Twelve days not accounting Sundays in the number That November Court begin the Twentieth of November if it be not Saturday or Sunday and then to begin the Monday after and hold Twelve days not accounting Sundays in the number That Adjournments of the said Courts be always avoided and that they begin precisely upon the day that all persons knowing the day of the return of the Writs may accordingly give their Attendance Stile how Entred How the Stile of the Court shall be entred That the Stile of the Court be entred thus AT a General Court held at James City the Twentieth of _____ by His Majesties Governour and Council in the _____ year of the Reign of our Soveraign Lord CHARLES the Second by the grace of God of Great Britain France and Ireland King Defendor of the Faith c. and in the year of our Lord God _____ present Insert the Names of the Governour and Council Manner of proceeding in Court Silence commanded then let the Cryer or Under-Sheriff make Proclamation and say O Yes O Yes O Yes Silence is commanded in the Court while His Majesties Governour and Council are sitting upon pain of Imprisonment Suitors to appear After Silence commanded let the Crier make Proclamation saying ALL manner of persons that have any thing to do at this Court draw near and give your attendance and if any one have any Plaint to enter or Suit to prosecute let them come forth and they shall be heard When Silence is thus commanded and Proclamation made upon calling the Docket the Cryer shall call for the Plaintiff Calling the Plaintiff A. B. come forth and prosecute thy Action against C. D. or else thou wilt be Non-suit And the Plaintiff putting in his Declaration the Cryer shall call for the Defendant Calling for the Defendant C. D. come forth and save thee and thy Bail or else thou wilt forfeit thy Recognizance Warrants for Proceedings to be issued by the Clerk For Proceedings in the said Courts Warrants to be issued by the Clerk XX. Actions to be proportioned BE it Enacted Actions shall be proportioned to the number of Twenty for each day That Warrants be issued by the Clerks of the General Courts and the said Clerk so proportion the number of his Actions that there be for each day Twenty And that until there be Twenty Actions entred for the first day no Warrant issue for the second and then Twenty for the second before any issue for the third and so proportionably Twenty per day for so many days as there are Actions to fill with that number It being unreasonable that the Governour and Council should wait a Week for a straggling Business entred at a particular mans pleasure And in case any special Warrant issue that for the extraordinariness of the business may require the Governours own signing It is Enacted That the person first go to the Clerk and there enter his Action and the day of the Return before his Warrant shall be signed And whereas some scruples have arisen about the time Warrants may be served viz. Whether ten days before the Return that is the day mentioned in the Writ to appear At what time Warrants may be served It is hereby declared that Warrants may be served at any time if there be ten days between the Serving and the Return as aforesaid And further That it may be done in Court time for the same Court if there be ten days between the Serving. XXI Courts to sit from Eight to Eleven of the Clock in the Forenoon and from One to Three Afternoon How long Courts shall Sit. BE it also further Enacted That the Court shall each day sit from Eight of the Clock to Eleven in the Forenoon and from One to Three in the Afternoon And for avoiding all Errors that may happen in the Draught for the Orders by the Clerk either through his misapprehending the sense of the Court or the partial Information of any person concerned which he being distracted with the multitude of Business may unwittingly assent to That all Orders of the day be by the Clerk drawn up against next Morning and then read in open Court in presence of the Plantiff and Defendant if they will be present when Rule will be given by the Court for Amendment of Errors Amendment of Errors if any be before they be Entred upon Record and the Plantiff or Defendant if they have any new matter of Plea shall then have liberty to plead it in Arrest of Judgment And the Orders thus publickly read and confirmed shall be
granted in open Court at the times and places by Law appointed Provided always That it shall and may be lawful for the d spatch of Merchants and other Sea affairs A Proviso made which cannot without much prejudice and detriment to the said Merchants or Masters be deferred till the Courts in course should come it is Enacted That it shall be lawful for any Justice of the Quorum by his Warrant directed to the Sheriff to call a particular Court and to summon any person or persons before them XXXVII Trials by Juries WHereas the Seventieth Act made in 1642 and continued by the Ninety first Act 1657 seems to restrain both Plantiff and Defendant from trial by Juries unless the Plantiff in his Declaration or the Defendant upon entry of his Appearance do desire the same which restriction is quite contrary to the Law of England by which the trial of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges for which causes and that we may in all our Trials come as near as may be to the Laws of England by which we are to be governed as our present Capacities will admit Be it Enacted That every morning the Court sits whether the General or County Courts Juries appointed as well in County Courts as in the General Courts the Sheriff of the County in which it sits shall impannel a Jury to attend the Court that day to try such Causes as the Court shall find proper to be referred to them and that when ever a Jury is sent out an Officer sworn to that purpose shall keep them from Meat and Drink until they have agreed on their Verdict XXXVIII Grand Juries to present Offenders WHereas the several Laws instituted and made for the redress of several Misdemeanors and Offences either through the remissness of the County Courts or the Justices that keep the same or else through the Defect of the Laws in not appointing some peculiar Officers to look narrowly after the Offenders and to make presentment thereof to the said Justices at their County Courts by which means the Laws themselves are slighted and contemned and become wholely useless and ineffectual Be it therefore Enacted and Confirmed That Juries of Inquest be Impanneled and Sworn in every County to enquire of breach of all Penal Laws in their several Counties and that they make Presentment thereof to the General County Courts twice yearly Viz. in April Court and December Court Grand Juries shall in each County twice a year make Presentments when the Justices are to receive them and find them according to Law and to take for Evidence the Presentment of the Jury if made upon the certain knowledge of any of them or otherwise the Parties that inform the Jury to give their Evidence to the next Justice in presence of the Party presented which Deposition being produced by the Jury with their Presentment shall be sufficient ground for the Court to pass Judgment against the Offenders XXXIX Pillories to be Erected at each Court WHereas many Offences are punishable by the Laws of England and of this Countrey with Corporal Punishments A Pillory a Whipping Post and a Pair of Stocks c. to be set up in every County for executing whereof no such Provision hath been made as the said Laws require Be it therefore Enacted That in every County the Court cause to be set up a Pillory a pair of Stocks and a Whipping-Post near the Court House and a Ducking-Stool in such place as they shall think convenient that such Offenders as by the Laws are to suffer by any of them may be punished according to their Demerits and the Court not causing the said Pillory Whipping-Post Stocks and Ducking-stool to be erected within Six Months after the Date of this Act shall be fined Five thousand pounds of Tobacco to the use of the Publick XL. Fines to be disposed of by the Assembly WHereas divers Trespasses against the Publick are punishable by Fines which are by the present Law to be disposed of to the use of the Counties in which the Trespass is committed and yet nothing done for the good of any County as was intended whereby it may be presumed that the said Fines are either not gathered whereby the Trespassers by this lenity and impunity are encouraged to persist in their contempts of the Laws or else the said Fines are by some evil Common-Wealths-men perverted to their private uses for prevention whereof for the future Courts only shall impose and collect Fines Be it Enacted That the Courts shall only lay and collect the Fines and that they cause the Clerk of their respective Courts to keep an Account thereof and to return the Estreatments to the Clerk of the Assembly at James City by the third of the General Court held there in March yearly And it is further Enacted That the said Clerk of the Assembly do annually attend accordingly during the time at the place aforesaid to receive them and at the next Assembly to present them to the Burgesses who are to order the disposal of the said Fines as to them shall seem most necessary for the good and benefit of the several respective Counties wherein they accrued due always proportioning to every County the use of all the Fines which were levied therein XLI Supersedeas by whom and how grantable WHereas the Writ of Supersedeas hath of late been too frequently granted upon slight pretences of Error in the Court thereby not only injuriously delaying Justice and keeping Men from their just Dues but also bringing Calumnies and Aspersions upon the Courts themselves Be it therefore Enacted That no Supersedeas whatsoever shall hereafter be granted No Supersedeas shall be granted but by the Governour and two of the Council but by the Governour and two of the Council nor by them unless the party desiring it make it probably appear to them that there is Error in the Judgment and shall then also give good Security to make good his Plea and if he be cast at the next General Court to pay the Principal with Five and Twenty per Cent. Damages besides Costs XLII Prisons to be built in each County WHereas the first Act of the Assembly held at James City the 3d of November 1647 and continued by the Assembly held there the third of March 1657 for prevention of Escapes for Prisoners hath Enacted That suffiicent Prisons should be built in each County and that an House built after the form of a Virginia House our Abilities not extending to build stronger should be accounted a sufficient Prison and that any person being a Prisoner for Debt or Crime And breaking one of those Prisons should be proceeded against as a Felon and that neither Court Commissioner nor Sheriff should be answerable for such escape and whereas the Sixty first Act of the Assembly held at James City the said Thirteenth of March 1657 makes the
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
much infringed by the hunting and shooting of divers Men upon their Neighbours Dividends contrary to the Priviledges granted them by their Patents whereby many injuries do daily happen to the Owners of the said Land No Person shall hunt or shoot within the limits of an others Dividend without leave of the Proprietor Be it Enacted That if any Planter or other shall hunt or shoot within the limits of an others Dividend without leave first obtained from the Proprietor he or they so offending shall forfeit for every such Trespass Four hundred Pounds of Tobacco one half to the Owner of the Land and the other half to Publick Uses notwithstanding it shall be lawful for any Person or Persons to hunt or shoot upon any Dividend of Land not planted or seated though taken up without restraint or penalty Provided also That it shall be lawful for any Person that hath shot any Game without the limits of any other Mans Land to pursue the same into any Mans Dividend and freely to carry away the same as also to seek or fetch his own Cattle or Hoggs off of any Mans Land Cattle not to be fetch'd off of anothers Land till after notice given him thereof Licences for hunting wild Hoggs first giving notice to the Owner of the Land of his intent and of the time he intends to stay upon it to the end that the said Owner may if he think fit to send one to see what Cattle or Hogs he drives away Provided always That it shall be lawful for the Governour to Commissionate some Gentlemen to give Licence to Persons to hunt wild Hogs upon any Mans Land without their fenced Plantations LXXII Lands Five years in Possession WHereas sundry Suits and Controversies have been and daily do arise about Claims and Titles to Lands to the great impoverishing of divers Persons for remedy whereof and for the better Establishing the Inhabitants in the Rights and Possessions hereafter Be it Enacted That all Persons whatsoever that have or do pretend any Title to any Land shall prosecute their Claims before the said Land hath been peaceably enjoyed Five years otherwise it shall be a good Plea in Bar for the Possessor of such Land claimed or possessed to affirm he hath had peaceable Possession without Claim by Commencement Five Years peaceable possession of Land shall confirme a Title thereto or Prosecution of Suit full Five years proof whereof shall be a sufficient Confirmation to the Possessor and shall conclude the Claim and Title of the Pretender and this Act to extend to all such as have not prosecuted their Title within Five years since the 6th day of October 1646 Always provided That the limitation of Five years in this Act expressed shall not bar Orphans nor Widows under Covert This Act shall not extend to Widows Orphans or Persons of an unsound Mind nor Persons out of the Country nor Persons of unsound Minds But that the said Orphans shall have Five years after they be of age Women Five years free from Coverture viz. if she marry again before her Five Years are expired and her Husband omit to make claim his omission shall be a good bar against him but if the Woman survive she shall have so long time allowed her to claim in as will make up the first time of her fredom five years Persons of unsound Mind five years after their recovery from their impotence Nor to such as live out of the Country Care taken in such Cases Persons out of the Country five years after their arrival into the Country Provided they come in within two years after the Title to the Land became due in which times if they claim not as aforesaid to be utterly barred for ever for otherwise the expectation of Heirs out of England where there is none born here must in a short time leave the greatest part of the Country un-seated and un-peopled no Man knowing how or of whom either to Purchase or take Lease LXXIII Against Fradulent Conveyances Conveyances of Estates shall be acknowledged before the Governor at the General â—ourt or â—efore the Justices at County-Courts BE it Enacted and confirmed That no person or persons whatsoever shall pass over by Conveyance or otherwise any part of his Estate whether Lands Goods or Cattle whereby his Creditors not having notice thereof might be defrauded of their just Debts unless such Conveyance or other Deeds be acknowledged before the Governour and Council at the General Court or before the Justices at the County Courts and there Registred in a Book for that purpose within Six Months after such alienation and whoever shall make over or alienate any part of his Estate otherwise than is here expressed the same shall not be accounted valid in Law nor shall it bar any Creditor by seizing the same by Law for satisfaction of the Debt the Property of the Estate not being legally vested in any but the first Vendor And it is further Enacted That any conveyance made And shall be Registred within Six Months and acknowledged and recorded shall not be held good in Law against any Creditors or former Purchasers until Four Months after such acknowledgment made and recorded in which time the Creditors or former Purchasers may shew for what cause the said Conveyance is to be accounted fraudulent but if none appear within the said Four Months after the first acknowledgment in Court Otherwise shall not be valid in Law then the Sale shall be for ever after good against all other claimers or pretenders whatsoever unless such as pretend to overthrow the first Sellers Title in whom only five years possession can bar Provided That this Act shall not extend to such persons who for satisfaction of just Debts Who are exempted from this Act. shall make a Bill of Sale of their Estates or any part thereof and deliver it bona fide into the Possession of the Creditor but such Act shall be good and valid to all intents and purposes this Act being made only to prevent fraud and deceit LXXIV Quit-Rents how to be Paid WHereas his Majesty hath by his Commissioners appointed a Treasurer to receive the Quit-Rents and others Fees and Profits due to his Majesty and the payment of Quit-Rents being due in Money which we being destitute of Coin cannot procure Be it Enacted That those persons that cannot procure Money shall pay their said Rents in Tobacco at Two pence per Pound to such Collector or Collectors as by his Majesties Treasurer shall be appointed Quit-Rents may be paid in Tobacco at two pence per Pound and that the Country paying the Rents double the two next years shall be acquitted from all Arears by assent of the Honourable Sir William Berkly who is Authorized by the Treasurer to make Composition LXXV Surveyors of Land BE it Enacted that Surveyors of Land shall demand no more than Twenty Pounds of Yobacco for Measuring One hundred Acres of Land What
of service so neglected and if the time of their Running away was in the Crop and the charge of recovering them extraordinary the Court shall adudg a longer time of Service proportionable to the Damage the Master shall make appear he hath sustained and because the adjudging the time they should serve is often referred until the time by Indenture is expired when the proof of what is due is very uncertain Be it Enacted Run-away Servants shall serve their Masters twice the time of their absence after the time of their Indenture is expired That the Master of any Run-away that intends to take the benefit of this Act shall as soon as he hath recovered him carry him to the next Commissioner and there declare and prove the time of his absence and the Charge he hath been at in his Recovery which Commissioner thereupon shall grant his Certificate and the Court on that Certificate pass Judgment for the time he shall serve for his absence And in case any English Servant shall run away in Company of any Negroes who are incapable of making Satisfaction by Addition of time It is Enacted That the English so running away in the company with them shall at any time of Service to their own Masters expired English servants running away in company with Negroes serve the Masters of the said Negroes for their absence so long as they should have done by this Act if they had not been Slaves every Christian in company serving his proportion and if the Negroes be lost or die in such time of their being run away the Christian Servants in company with them shall by Proportion among them either pay Four thousand five hundred pounds of Tobacco and Cask or four years Service for every Negro so lost or dead CIII Cruelty of Masters prohibited WHereas the Barbarous usage of some Servants by cruel Masters brings so much Scandal and Infamy to the Country in general that people who would willingly adventure themselves hither are through fear thereof diverted and by that means the supplies of particular men and the well-seating of his Majesties Country very much obstructed Be it therefore Enacted That every Master shall provide for his Servants competent Diet Clothing and Lodging and that he shall not exceed the bounds of moderation in correcting them beyond the merit of their offences and that it shall be lawful for any Servant giving notice to their Masters having just cause of complaint against them for harsh and bad usage Servants too rigorously dealt withal or wanting Necessaries may make complaint to the Commissioners or else for want of Diet or convenient Necessaries to repair to the next Commissioner to make his or their Complaint and if the said Commissioner shall find by just proof that the said Servants cause of Complaint is just the said Commissioner is hereby requied to give order for the Warning of such Master to the next County Court where the matter in difference shall be determined and the Servant have remedy for his grievance CIV Against Vnruly Servants VVHereas the Audacious Unruliness of many Stubborn and Incorrigible Servants resisting their Masters and Overseers hath brought many Mischiefs and Losses to divers Inhabiâ—ants of this Country Be it Enacted and Ordained One Years Service to be given for striking a Master or Mistriss That â—â—e Servant that shall lay violent hands on his or her Master Mistriss or Overseer and be Convicted thereof by Confession or Evidence of his Fellow Servant or otherwise before any Court in this Countrey the same Court is hereby Required and Authorized to Order such Servant to serve his or her Master or Mistriss or their Assigns One year after his or her time by Indenture or Custom is expired Be it Enacted That no Person or persons whatsoever for any Offence committed shall be adjudged to serve the Country as Collony Servants CV Against Trading with Servants WHereas divers ill-disposed Persons do secretly and covertly Truck and Trade with other Mens Servants and Apprentices who to the great injury of their Masters are thereby induced and incouraged to Steal Purloyn and Imbezle their Masters Goods Be it therefore Enacted No Person shall Trade with Servants without License or Consent of their Masters That what Person or Persons soever shall Buy Sell Trade or Truck with any Servant for any Commodity whatsoever without Licence or Consent of the said Servants Master he or they so offending against the Premises shall suffer One Months Imprisonment without Bail or Mainprize give Bond with Security for his good Behaviour and also shall Forfeit to the Master of the said Servant Four times the Value of the things so Bought Sold Trucked or Traded for CVI. No Tobacco to be Planted after the Tenth of July WHereas it hath been taken into serious Consideration that the Improvement of our only Commodity Tobacco can no ways be effected but by lessening the Quantity and amending the Quality And further That all Stints will prove clearly inconsistent with the being of the Countrey while Maryland remains a distinct Government unless of such a Nature as may produce both the aforesaid Effects without Abridgement of any Mans Endeavours or confining him to any set Number of Plants for which cause the Assembly hath Enacted That no Tobacco be Planted after the Tenth of July The Penalty of Transgressing this Act. And that whosoever shall directly or indirectly Plant or Re-plant or cause to be Planted or Re-planted any Tobacco after the said Tenth of July shall Forfeit Ten thousand Pounds of Tobacco to the use of the Publick CVII No Seconds or Slips ANd be it further Enacted That what Person or Persons soever shall tend or suffer or cause to be tended any second Tops or Slips shall Forfeit Ten thousand Pounds of Tobacco to the Publick Be it furthr Enacted That what Person or Persons soever shall Save Pack or Sell or Send away any Ground Leaves which are hereby required to be totally supprest shall forfeit for every Hogshead proved to have the Quantity of Five Pounds of Ground-Leaf Tobacco in it Ground-Leaves of Tobacco shall not be pack'd up for Sale Five thousand Pounds of Tobacco to the use of the publick And it is further Enacted That the Grand Jury shall take particular care of the Observation of this Act and shall make due Presentment to the County Courts of any such as shall Plant or Tend any Tobacco contrary to the tenor hereof CVIII Improvements of Staple Commodities VVHereas the uncertain Value of Tobacco the Unstapleness of the Commodity and the probability of its Planting in other places threaten this Countrey with the danger of an unavoidable ruin which must in time fall upon it by the increase of the makers of it among our selves who have already so glutted all Markets that great quantities are yearly left in the Country and that which is sent out sold at so mean and inconsiderable a Rate as neither Merchant nor Planter can well
prevention of future Trouble That all Lands held by former Patents of which there is no Record extant or to which there are no Rights annexed in the Records until the date of this Present Assembly Fumer Patets shall remain firm and valid although no Record thereof be extant shall for ever be held valid and firm according to the claims of the several Patents those defects being found to have happened by the neglect of the Clerk in those times in not making present entry of the Rights delivered to them and the Casualty of of two several Fires whereby many of those Rights with other Papers were destroyed the Assembly hereby rendring Thanks to Mr. Secretary for his care of preventing future trouble All Patents shall for the future be composed with the Record be some they pass the Office and requesting him to continue it in not suffering any Patent hereafter to pass the Office before the Rights are entered and the Patent compared with the Record XXII An Act commanding Law-Books to be provided for each County VVHereas for the better Conformity of the Procedings of the Courts of this Country to the Laws of England it appears necessary that for the better direction therein all the former Statutes at large and those made since the beginning of the Raign of his most Sacred Majesty that now is and some other esteemed Books of Law be purchased It is therefore by this Grand Assembly and the authority thereof accordingly enacted that all the aforesaid Statute-Rooks and Daltons Justice of the Peace and Office of a Sheriff and Swainbournes Book of Wills and Testaments be sent for by Mr. Auditor and paid for out of the two shillings per Hogshead and the like Books to be sent for by some of the Commissioners of the County-Courts for the use of the Respective Counties and paid for out of the County-Levy XXIII An Act Imposing Fines on Refractory Persons VVHereas the Officers of the Militia have Complained that divers Refractory Persons have in Contempt of authority impowering them and to the ruine of all Military Discipline refused to appear upon the days of exercise and other times when required to attend upon publick service It is enacted by this Grand Assembly Such as refus to appear on the days appointed for the exercise of the Militia fined an hundred pounds of Tobacco that every person neglecting to appear shall for every such Neglect be amerced and fined one hundred pounds of Tobacco to be disposed of by the Militia for the use of the Regiment And that the Commanders return of such Fines to the Sheriffs of the Respective Counties shall be sufficient Warrant in case of the Parties denial of payment to levy the same by distress Provided that if before the laying of the Levy the Party Amerced do shew to his Commander such cause of his absence as by the Commander shall be adjudged reasonable then the Party to be excused and the Fine not returned XXIV An Act for the better explanation of the 16th Act in the Printed Book VVHereas the sixteenth Act for Sheriffs to take Bail was misinterpreted and some words left out It is Enacted that for prevention of Mistakes in Courts of Judicature a Copy be transcribed out of the Original for Correction of mistakes of the Printed Book which followeth Be it also hereby enacted That all Sheriffs shall take sufficient Bail of all persons Arrested with this condition to bring forth the Party Arrested or perform the award of the Court and if they shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be lyable to pay the award of the Court himself Sheriffs neglecting to take Bail or consenting to the escape of the Prisoner shall pay the award of the Court shall be fined a 1000 l. of Tobacco if his consent to the escape be proved and shall also pay in case the Consent to the escape be proved one thousand pounds of Tobacco one half the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appears not to answer then Judgment shall be awarded against the Bail always provided that the Sheriff or Bail shall if he desire it have an Attachment against the Estate of the Party arrested and not appearing and further that if the Sheriff or Bail shall at the next Court to that which the arrest was made appear and bring forth the Body of the Party so arrested to answer the suit Then the Sheriff or Bail shall be acquitted from the Judgment past against them At a Grand Assembly held at JAMES CITY September 3. Anno 1667. I. An Act for Tobacco of Mary-land growth to be free from Duties WHereas there is an Order at present in force requiring that all Tobacco though of Mary-land growth shipped in Ships riding in any Harbour of Virginia should pay the Impost of two shillings per Hogshead and whereas at present the Inhabitants of the south-side of Virginia in Potomack River are inforced for their present necessity to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of Mary-land for which as is said they are to pay the like Duties of two shillings per Hogshead as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the authority thereof That for Relief of the said Inhabitants of Virginia who are otherwise likely to pay double Duties That no Tobaccoes of the growth of Mary-land though laden in Ships riding in any Harbour in Virginia shall be lyable to pay any Virginia Duties from the date of this Act until the first of October which shall be in the year of our Lord 1668. Nor after if the next Assembly find cause to continue it How long this Act shall continue in force and upon what conditions to be repealed Provided that if the Government of Mary-land do lay Impost upon Virginia-Tobacco shipped in Ships riding in their Harbour then this Act to be absolutely Void and Null and all Tobacco of Mary-land growth laden a board any Ship in Virginia to pay Duties as formerly Provided also that if any person shall fraudulently send on board any Ship in Virginia Tobacccoes of the growth of Virginia and pretend the same to be of the growth of Mary-Land intending thereby to defraud the Country of their Dues he shall forfeit the Tobacco so laden and concealed II. An Act declaring that Baptism of Slaves doth not exempt them from Bondage WHereas some doubts have arisen whether Children that are Slaves by Birth by the Charity Piety of the Owners made partakers of the Blessed Sacrament of Baptism should by vertue of their Baptism be made free It is enacted declared by this Present Grand Assembly and the authority thereof that the
devise more to his wife than is above determined but not less II. An Act providing for the supply of Arms and Ammunition FOr the better supply of the Countrey with Arms and Ammunition Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof Captains of Foot and Horse to take an account of what Arms and Ammunition are wanting that the Captains of Foot and Horse in each Countie do take a strict and particular account of what Arms and Ammunition are wanting in their several Companies and Troops and represent the same to their Respective Collonels at the next Countie-Court after January next But if there be not any Collonel of Horse within their Countie then the Captain of Horse to represent the said wants immediately to the Countie-Courts unto which Courts at the next Sessions following the Collonels aforesaid are by this Ast enjoyned to return and represent the wants of the Militia in their said Counties as they shall receive the same from their subordinate Officers aforesaid an Acconut thereof shall be given to the County-Courts and if any Captain of a Foot Company or Horse or Collonel of any Regiment shall fail to perform his or their duty herein shall be fined namely every Captain One Thousand Pounds of Tobacco And Collonel Two Thousand Pounds of Tobacco Officers neglecting their duty therein to be Fined And be it further Enacted by the Authority aforesaid That the particular Countie-Courts be impowered upon their Respective Counties to raise and lay a Leavy for the providing of Arms and Ammunition for supplying the wants aforesaid That is to say Muskets and Swords for the Foot and Pistols Swords Carabines for Horse And also for every Listed Souldier at the least Two Pounds of Powder Levies to be raised by County-Courts for providing of Ammunition in their Respective Counties and six pounds of Shot The said Arms and Ammunition by the Courts provided as aforesaid to remain in the hands of the Officers of the Militia for them to distribute the same as there shall be occasion and that those to whom distribution of Arms and Ammunition shall be made do pay for the same at a Reasonable Rate What Ammunition shall be provided to be Collected by the Sheriff or Collector as in Case of Levies and publick dues to the use and towards the Reimbursement of the Counties And if any Court or Courts shall fail in their duties to provide within one year after such presentment made by the Officers of the Militia aforesaid of their wants aforesaid for the full supplying thereof in manner aforesaid they shall be fined ten Thousand Pounds of Tobacco to be paid as also the other Fines imposed by this Act to the use of the Respective Counties and that the Burgesses of the several Counties be required and are hereby enjoyned to give an account unto the Assembly how this Act is put into Execution III. An Act for the better putting into execution the Act for Processions VVHereas it hath been Represented to this Assembly that the Act for Processions hath been hindred to be put in Execution for that the ascertaining the Bounds of Orphans Land is not thereby provided for Processions shall be continued Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority of the same that the Lands of the Orphans be also Comprized in that Act that is to say The Bounds of Orphans Lands to be layed forth and by whom when difference shall happen to arise concerning the Bounds of Orphans Lands and that the said differences cannot otherwise be determined nor the bounds of the adjacent Lands discovered that then such Orphans Lands be layed forth by two honest able Surveyers in presence of the Neighbourhood and two such men as shall be appointed by the Countie-Courts on the behalf of the Orphan and the charge thereby accruing sustained in manner following viz. The Orphan to pay one half of the Survey of his own Land and the Owner or Owners of the Land adjacent whose bounds are thereby also ascertained the other half and the whole charge of surveying his or their Lands IV. An Act for the Advancement of the Manufactory of Flax and Hemp. FOrasmuch as it much conduceth to the well being of any Country that the necessities thereof be supplyed from their own Industry within themselves And that the less they have occasion for from abroad the less will be depending on forreign supplies whereof the Calamity of Way and other Accidents may prevent them And whereas this Assembly having taken into their Consideration the low and contemptable price we are allowed for our Tobaccoes occasioned chiefly by the great quantities yearly made Provision made for the Manufacture of Flax and Hemp. have thought fit if it may be to abate that quantity by advancing the more usefull and necessary Manufactory of Flax and Hemp And in order thereunto have Enacted and Ordained And it is by the Governour Council and Burgesses of this Grand Assembly and by the authority of the same Enacted and Ordained That the Respective County-courts within this colony do at the cost and charge of their Counties at or before the twentieth day of October which shall be in the year 1675. procure one quart of Flax seed One quart of Flaxseed and the like quantity of Hemp-seed shall be distributed to every tythable Person in each County and one quart of Hemp seed for every tythable Person within their Counties and the same cause to be distributed among the Inhabitants and that the courts failing to procure the said Flax seed or Hemp seed and thereof to make Distribution in manner as aforesaid be fined five thousand pounds of Tobacco And be it further Enacted by the Authority aforesaid that every tythable within this Country the next year after the Distribution do make or cause to be made one pound of drest Flax and one pound of drest Hemp or two pounds of either and so yearly and every year under the Penalty of sixty pounds of Tobacco One Pound of Dressed Flax or Hemp to be yearly delivered for every quart of seed for every pound of Flax or Hemp neglected to be made as aforesaid The same to be made by such Master owner or overseer of any Family or Company of Servants or any other tythable that shall be found defficient in the Premisses and for the better discovery of such neglect and difficiency that all Masters owners or overseers who have the charge of Families Companies of Servants and other tythables at the time of laying the Levies in their Counties do produce uâ—â—o those Persons who are appointed to take the lists of tythables in each county the said quantity of Flax or Hemp or either of them by this act enjoyned to be made and the same deliver'd upon oath that it is of his or their own growth V. An Act concerning Tradesmen and other Artificers
or Attorneys so Licenced as aforesaid take demand or receive from any persons for any cause in the general court Five hundred pound of Tobacco the Attorney Fee for pleading a Cause in the General Court and 150 for every cause in County-courts and bringing the same to Judgment more then five hundred pounds of Tobacco and Cask and for any cause in the county-County-court and bringing the same there to Jugdement more then one hundred and fifty pounds of Tobacco and Cask and it is hereby declared and enacted that every Attorney or Attorneys shall have for every cause he undertakes in the general court five hundred pounds of Tobacco and Cask and for every cause he undertakes in the county-County-court one hundred and fifty pounds of Tobacco and Cask which he may Lawfully claim without any Pre-agreement made with the parties for the same and be it further Enacted by the Authority aforesaid and it is hereby Enacted that all such Attorney or Attorneys that shall refuse to plead any cause in the general court for the aforesaid ascertained Fee of five hundred pounds of Tobacco and Cask shall forfeit and pay to the person grieved five hundred pounds of Tobacco and Cask after Legal conviction on due proof thereof made to be Recovered by due Process of Law Fine laid on Attorneys Refusing to plead for the Fee aforesaid and upon Refusal of any cause in the county-County-Court shall pay to the party grieved one hundred and fifty pounds of Tobacco and Cask after legal conviction as aforesaid to be Recovered by due process of Law Any Person may notwithstanding plead his own cause Provided always that this Act or any clause therein shall not extend to debar any man that is capable of pleading and managing his own cause in any the said general or County-courts but that he may be permitted and allowed to plead and manage his own business any thing in this Act to the contrary notwithstanding VII An Act Ascertaining the time when Negro-Children shall be Tythable WHereas it is deemed too hard and severe that children as well Christian as Slaves imported into this Colony should be lyable to Taxes before they are capable of working Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that all Negro Children imported or to be imported into this Colony shall within three months after the publication of this Law or after their arrival be brought to the County-Court where their Age shall be adjudged of by the Judges holding Court and put upon Record which said Negro or other Slave so brought to Court Adjudged and Recorded shall not be accounted Tythable until he attains the age of twelve years Negro Children imported shall not be accounted Tythable till 12 years of Age. any former Law Usuage or Custom to the contrary notwithstanding And be it further enacted by the Authority aforesaid and it is hereby enacted that no Christian Servants imported into this Country And Christian Servants Imported not till they are 14. shall be Tythable before they attain to the age of fourteen years any former Law Usage or Custom to the contrary notwithstanding VIII An Act Licensing a Free Trade with Indians BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly that all former Acts of Assembly Restraining Limiting and Forbidding Trading with Indians be and stand hereby Repealed and they are hereby Repealed and that henceforth there be a free and open Trade The time this Act shall continue in force for all persons at all times and places with our friendly Indians and that this Act continue in force until the end of the next Sessions of Assembly IX An Act ascertaining Allowance for Cask BE it enacted by the Kings most excellent Majesty and with the consent of the General Assembly and it is hereby Enacted that from and after the Publication of this Law the allowance of Cask for Publick County and Parrish-Levys and for Clerks and Sheriffs Fees be eight per Cent. and no more Allowance of Cask for Publick and County Levys c. shall be eight per Cent. and no more and that all Sheriffs or other Collectors of the same shall allow the Planter or others eight per Cent. for his Cask as aforesaid upon Penalty of paying for refusing so to do one hundred pounds of Tobacco to the Party grieved and to whom he shall deny such allowance on due proof thereof made to be recovered by action of Debt in any Court of Record or before one single Justice of the Peace if the same exceed not Two Hundred Pounds of Tobacco X An Act for preventing Negroes Insurrection WHereas the frequent meeting of considerable numbers of Negro-Slaves under pretence of Feasts and Burials is judged and deemed of dangerous consequence for prevention whereof for the future Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from and after the Publication of this Law it shall not be lawful for any Negro or other Slave to carry or arm himself with any Club Staff Gun Sword or any other Weapon of Defence Negroes shall not go armed nor depart from off their masters ground without Certificate or offence nor to go or depart from off his Masters Ground without a Certificate from his Master Mistress or Overseer And such permission not to be granted but upon particular and necessary occasions and every Negro or Slave so offending not having Certificate as aforesaid shall be sent to the next Constable who is hereby enjoyned and required to give the said Negro twenty lashes on the bare back well laid on and so sent home to his said Master Mistress or Overseer Resistance of Negroes or any other slaves punished and it is further enacted by the Authority aforesaid That if any Negro or other Slave shall presume to lift up his hand in opposition against any Christian shall for every such Offence upon due proof made thereof by the Oath of the Party before a Magistrate have and receive thirty lashes on the bare back well layed on And it is hereby further enacted by the Authority aforesaid that if any Negroe or other Slave shall absent himself from his masters service and lye hid and lurking in obscure places committing injuries to the Inhabitants shall resist any person or persons that shall by any lawful authority be imploied to apprehend take the said Negroe that then in case of such resistance Fugitive-Negroes resisting such as are imployed to apprehend them may be killed it shall be lawful for such person or persons to kill the said Negroe or Slave so lying out and resisting and that this Law be once every six months published at the Respective County-Courts and Parish Churches within this Colony XI An
signing Commissions of Dedimus Potestatem Writs of Execution and Attachment by the Governour in causes depending in the General Court is found by experience to be very Burthensome and grievous to Suiters the Burgesses now assembled do pray That it may be enacted and be it enacted by the Governour Council and Burgesses of this present General Assembly and by the Authority thereof that all Writs or Commissions to examine witnesses called Dedimus Potestatem A Dedimus Potestatem may be signed by any Member of the Council at the Request of either of the Parties Plaintiff or Defendant in any cause now depending or which shall or may hereafter depend in the General Court shall and may be issued and signed by any one of the Honourable Council in such Form and according to such Rules and Directions as are by Law already prescribed and laid down and that all writs of Execution and writs of Attachment awarded by any Order or Judgment of the said Court shall and may be issued forth of the Secretaries Office by the Clerk there attending and for that purpose authorized by the Secretary and by him signed without putting the parties to the trouble of attending Writs of Execution and Writs of Attachment how to issue or sending to the Governour for his sign as hath been formerly used and all such writs to be Returnable to the Secretaries Office any former Law Custom or Usage to the contrary notwithstanding VI. An Act Repealing the sixth Act of Assembly of June 1680. about Attorneys FOrasmuch as the sixth Act of Assembly made at James-City the 8th day of June 1680. concerning Attorneys is found inconvenient Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that the aforesaid Act of Assembly and every clause thereof from henceforth be Repealed and made Void VII An Act Disbanding the present Souldiers in Garrison in the Forts at the Heads of the several Rivers as also for the Raising of other Forces in their stead WHereas the present Garrisons in the several Forts built according to an Act of Assembly held at James-City the 8th day of June 1680. Intituled An Act for Continuation of the several Garrisons and Fortifications at the heads of the four great Rivers are by experience found very burthensom and chargeable to the Country and forasmuch as the apprehensions of Dangers from the Incursions of certain Indian-Enemies induced that Assembly to erect those Forts and place those Garrisons in them are for the most part removed by peace concluded with those Indians then our Enemies the House of Burgesses now assembled do pray that it may be enacted and be it enacted by the Governour Council and Burgesses of this General Assembly and by the authority thereof that the several Forts and Garrisons be dismantled and the Forces Officers and Souldiers therein and in each of them disbanded some time between this and the 30th day of this instant December and that each Officer and Souldier by the time aforesaid do actually deliver up his Horse Arms and Furniture to the Respective Owners of them and forasmuch as it may be dangerous and of evil Consequence to leave the frontiers of the Country and heads of the aforesaid Rivers altogether ungarded it is hereby enacted that twenty men well furnished with Horses and all other Accoutrements be raised and listed in each of the Counties of Henrico New-Kent Rappahannack and Stafford Twenty Men well furnished with Horses shall be raised in each County viz. of Henrico New-Kent Reppahanuack and Stafford of such House-keepers belonging to the said Counties as shall voluntarily offer themselves for this Service and for want of such or so many House-keepers that then the said Number shall be made up of such freemen as shall willingly offer themselves and give security to the Militia-Officers of that County to perform all services and other things as by this Act is enjoyned them but in case such twenty men quallified as aforesaid shall not be found in each of the said Counties then it shall and may be Lawful for the Militia-Officers of the said Counties to impress such and so many men furnished as aforesaid as shall be wanting to compleat the number required by this Act and his Excellency the Governour General or in his absence the Right Honourable the Lieutenant or Deputy Governour is hereby desired to make choice of and commissionate some fit and able Person in each of the aforesaid Counties who is a House-keeper therein to command lead train conduct and exercise the said Twenty souldiers to be raised in the said County of which he shall be appointed and commissionated by his Excellency the Governour General the Lieutenant or Deputy Governour as is aforesaid And it is further enacted That the chief Officers of the Militia in each of the said Respective Counties shall make choice of the most able and fittest person out of such twenty men as to them shall seem most fit and convenient to be Corporal of the said Troop of that County who in the absence of the Captain of the Troop occasioned by sickness or otherwise is to Lead Train Command and Exercise the said Troop or Company of Twenty Men and be it enacted by the Authority aforesaid That the pay of each Officer and Souldier shall be as followeth to the Captain of each Troop finding himself Horse Armes Ammunition and Provision eight Thousand pound of Tobacco with Cask out of the Publick Levy for one whole year and so after that Rate for a shorter or longer time The Captain of each such troop consisting of 20 men shall have 8000 l. of Tobacco and Cask per Annum To the Corporal of each Troop Three Thousand Pounds of Tobacco with Cask as aforesaid for one whole year and so after that Rate for a longer or shorter time to each Souldier finding himself Horse Armes Furniture Provision Ammunition and other necessaries as aforesaid two thousand pound of Tobacco in Cask as aforesaid and so after that Rate Corporals and private Souldiers pay for a longer or shorter time And be it enacted by the authority aforesaid that each Captain or in his absence his Corporal shall once every Month Muster Train Exercise Instruct and Discipline the Troop or Souldiers under his Command The said troops shall be trained and Exercised once a Month. on pain to forfeit five hundred pounds of Tobacco in Cask for every time he shall neglect such Muster or Exercise unless occasioned by sickness and that every Captain or in his absence occasioned by sickness his Corporal shall at the least once in every fourteen days Range and Scout And shall once in every 14. dayes range scout about the frontiers of the County for which they serve about the Frontiers of the County for which they serve and in such other places as shall be most likely for the Discovery of the Enemy under pain of forfeiting for
every time he shall neglect such Ranging and Scouting one Thousand pounds of Tobacco and Cask and that every Souldier that shall neglect or omit to appear at such Muster shall forfeit one hundred pounds of Tobacco in Cask and for not Scouting and Ranging as aforesaid two hundred pounds of Tobacco and Cask for every such default all which Forfeitures to be Recovered by Action of Debt by him or them that will inform the one half to the Informer and the other half to the use of the County And be it further enacted by the auhtority aforesaid that upon Notice Advice or Discovery of the Approach or Attempt of any Enemy the said Captain or Corporal of the Troop is hereby Required to give speedy Advice thereof to some one or more of the chief Officers of the Militia The Captain of the said troop upon approach of any Enemy shall give Notice thereof to the Officers of the Militia and he or they to his Excellency the Governour the Right Honourable the Deputy Governour or some one of the Honourable Council and in the mean time to observe and attend the Motion of the Enemy only unless he shall obstinately persist to commit Acts of Hostility and in such cases of Necessity to engage or destroy them if he see cause and in all things to attend and execute such Orders and Commands as he shall receive from the Governour and Council And it is further enacted That for their better Management and Orâ—ering their Horses and making them fit for service no Souldier presume to use or bring to service any other Horse then that only which shall be first Mustered and approved of of which each Captain is to take such Particular Notice as that he may know the Horse again unless in case such Horse shall be by some accident made unfit for service in which case such Souldier may provide himself of another able Horse in his stead which he is likewise not to part with unless for his first Horse again and this Act to continue in force for three years from the first day of January now next ensuing Provided always and be it enacted by the Authority aforesaid That the aforesaid Recited Act of the 8th of June 1680. Intituled An Act for the Continuation of the several Garrisons and Fortifications at the Heads of the four great Rivers be Repealed and it is hereby Repealed for three years under his Majesties good Liking and after until his Majesties Pleasure shall be signifyed to the contrary any thing herein to the contrary notwithstanding VIII An Act imposing further Penalties upon any person or persons that shall Publish or Declare that the Acts of Assembly of Virginia are not of force THis Assembly taking into their serious consideration that divers ill disposed persons wickedly intending to invalid the Laws of this Country and bring them into contempt and disrepute have moved and stirred certain doubts whether there be any Laws in force and efficacy so as to be binding to his Majesties Subjects being in this his Majesties Dominion of Virginia for preventing of such mischiefs Be it enacted by the Governour Council and Burgesses of this General Assembly and it is hereby Enacted and declared That if any person or persons shall at any times after the Publishing this Present Act maliciously and advisedly publish and declare by words or writing the Acts of Assembly of Virginia not repealed expired vacated or annulled by the Kings Most Excellent Majesty are not of force or binding within this his said Majesties Dominion to all his Majesties Subjects inhabiting or being therein such person or persons so offending shall be adjudged deemed and taken to be factious and seditious and contemners of the Laws and being thereof lawfully Convicted shall for the first offence be fined one Thousand Pounds of Tobacco and suffer one months Imprisonment without Bail or Mainprize and for the second offence Two Thousand Pounds of Tobacco and two months Imprisonment and for every such offence after double the Penalties and Forfeitures aforesaid one half of which Forfeitures to the Kings Majesty his Heirs and Successors and the other half to the Informer to be recovered by action of Debt in any of his Majesties Courts in this his Majesties Country which said Penalties are to be added and imposed over and besides all other Punishments that may be legally inflicted on such Offenders IX An Act Repealing an Exception in the 9th Act of Assembly made Anno 1664. WHereas the 9th Act of Assembly made at James City the twentieth day of September 1664. Intituled An Act concerning Arrests in Court-time exempt the Inhabitants of James-City-County from the benefit thereof leaving them lyable to Arrests in time of General Courts and Assemblies which is found injurious to many of the Inhabitants of the said County Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it it enacted by the authority aforesaid that the latter clause of the said Recited Act whereby the Inhabitants of the said County are excepted out of the said Act The Inhabitants of James-City-County freed from Arrests during the General Assembly be repealed and made void and that the Inhabitants of the said County have equal benefit of the said Recited Act with the other Inhabitants of this Country Provided alwayes nevertheless that this Act shall not extend to the Inhabitants of James-City but that they and every of them shall be lyable to Arrests in Court-time as though the Exception in the said Act of Assembly But not the Inhabitants of James-City Anno 1664. did still remain in full force any thing in this Act before mentioned to the contrary notwithstanding X. An Act that Witnesses be free from Arrests FOr asmuch as many Persons Summoned or Subpena'd as Evidences in Causes depending in the Courts of this Countrey many times fail in appearing for fear of being Arrested when they appear at Courts as Witnesses whereby many times many Inhabitants of this Countrey lose their Suits and just due Be it enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that from henceforth all Persons Subpena'd as Evidences or Witnesses in any Cause or matter depending in any Court in Virginia shall be free from Arrests for any Debts or Trespass except at the Kings Suit during their Attendance at Courts and their direct coming to Court and Returning Home XI An Act for the Encouragement of the Manufactories of Linnen and Woollen Cloth BE it Enacted by the Governour Council and Burgesses of this General Assemby and it is hereby Enacted by the Authority aforesaid That what person or persons soever shall produce to the County-court where he or they shall Reside a Certificate under the hands of two Justices of the Peace of the same County whereof one to be of the Quorum that such Person or Persons have produced to them upon Oath of his or their own Growth or
the benefit of this Act and Transgress Page 43. Handicrafts-men shall pay Levies Page 114. The Rates of Smiths Armorers c. ascertained Page 176. Artificers to be paid by the County and the County reimbursed ibid. Artificers Merchants and Tradesman above the Age of Sixteen shall pay Levies Page 189. Tradesmen dwelling in the places appointed for County-Warehouses freed from the payment of former Debts for Five years Page 265. Also from publick Levies if they plant no Tobacco ibid. Assemblies Assemblies to enquire after the breach of Laws Page 66. Notice to be given to the people by Proclamation when the Assemblies are to be Adjourned Page 128. Attorneys No Commissioner Clerk or Sheriff shall Plead as an Attorney in that Court wherein he Officiates Page 38. Attorneys out of England shall give security to pay Costs and Damages if cast in Law Suits Page 63. No person not being Licenced by the Governour shall Plead as an Attorney in the General or County Courts Page 267. Any person may notwithstanding Plead his own Cause Page 268. Five hundred pounds of Tobacco the Attorneys Fee for pleading a Cause in the General Court and One hundred and Fifty for every Cause in County Courts ibid. Fine laid on Attorneys for refusing to Plead for the Fees aforesaid ibid. Avisare Volumus Page 19. B. Baptisme THe Penalty of refusing to have Children Baptized Page 106. Baptisme of Slaves doth not exempt them from Bondage Page 155. Bills and Bonds Bills and Bonds of persons Deceased how long recoverable Page 63. Damages upon protested Bills of Exchange shall not exceed 15 per Cent. Page 150. Notes of dead persons how far Pleadable against their Estates Page 184. Births shall be Registred Page 11. Boats and Sloops Against private taking away of Boats Page 85. No Boat shall go on Board a Vessel newly Arrived before the said Vessel send on Shoar Page 177. Such as shall impress Boats c. shall produce their Warrants for so doing to the Owners thereof Page 222. Sloop-hire from the County-Warehouse to the Water side Page 264. Bounds Bounds betwixt the English and the Indians to be fixed Page 99 Commissioners shall view the same Annually ibid. Bounds of this Collony on the Eastern-Shoar Page 118. Counties and Parishes to be Bounded Page 133. Burgesses Writs for Election of Burgesses shall be read publickly in Churches Page 38. Free-men neglecting to give their Votes at the Election of Burgesses fined 200 l. of Tobacco Page 39. The Secretary shall convey Writs to the Sheriffs of each County for the Election of Burgesses Page 64. Two Burgesses from each County ibid. One for James City in particular ibid. Burgesses shall appear on the precise day of the return of the Writ Page 65. Burgesses shall not be Arrested unless the Assembly be adjourned for above a Month Page 66. Each County shall send two Burgesses Page 164. None but Free-holders and House-keepers shall have a voice in Elections of Burgesses Page 168. Penalties on Counties not sending two Burgesses Page 171. Expences of Burgesses regulated Page 211. The Allowance Burgesses shall have during their Attendance at the Grand Assembly Page 212. Burials Private Burials prohibited Page 9. Places to be set apart for publick Burials Page 10. Burials shall be Registred Page 11. C. Cask THe Size of Virginia Hogsheads Page 84. Virginia Hogsheads shall be 43 Inches in length and the heads 26 Inches over ibid. Allowance of Cask for Publick and County Levies c. shall be 8. per Cent. and no more Page 271. Castle Duties Castle Duties to be paid Page 94. Half a pound of Powder and three pound of Leaden Shot per Tun and 6 d. per Poll payable for Castle Duties ibid. An Act concerning Castle Duties Page 113. Virginia-Owners exempted from Castle Duties Page 163. Cessation The Act for a Cessation from Planting Tobacco from the First of Feb. 1666 to the First Feb. 1667. declared to remain in force Page 140. Debts due the Cessation Year to be paid one half down and time to be allowed for the other half Page 143. Valua ion of Commodities for payment of publick Duties during the Cessation from Planting Page 144. Children Mulatto Children to be Bond or Free according to the Condition of their Mother Page 111. Poor Children to be provided for Page 181. Provision for Children when Persons die Intestate Page 185. When Negro Children shall be accounted Tythable Page 269. Church A Church to be built in each Parish Page 3. In small Parishes Chappels of Ease ibid. Church Catechism only to be used Page 6. Land allotted for building of Churches Page 156. Church-Wardens Church-Wardens shall present Recusants Page 7. Shall make Presentment of Misdemeanours twice in the Year Page 9. What Crimes they shall make Presentment of ibid. Church-Wardens shall keep the Churches in repair and provide Ornaments Page 10. Shall Collect the Ministers Dues ibid. Chyrurgeons Chyrurgeons Accounts regulated Page 68. Chyrurgeons Accounts Pleadable after decease of the Party Page 69. Circuit The Governour or two of the Council whom he shall commissionate to go the Circuit yearly Page 21. Clerks The Clerk shall issue Subpoenas Page 23. When he shall issue a Subpoena and when a Dedimus Potestatem ibid. Clerks Fees to be paid Page 101. Clerks Fees shall be pleadable 3 years ibid. County Court-Clerks Fees Page 102. Clerk of the Assemblies Fees Page 104. No person shall be a Justice of the Peace or High Sheriff and Clerk of the County at the same time Page 203. The County Clerk may depute the High-Sheriff or Under-Sheriff to enter Action ibid. Additional Fees ascertained to County-Court-Clerks Page 278. Penalty of Clerks exacting greater Fees than is appointed Page 280. Cloth Allowance made by the Publick for every Yard of Linnen and Woollen Cloth made of the product of the Countrey Page 79. An Act for the Encouragement of the Manufacture of Linnen and Woollen-Cloth Page 296. Allowance made by the Publick for Linnen or Woollen-Cloth of the Growth and Manufacture of the Countrey Page 297. Colledge or Free-School Page 12. Lands shall be taken up or purchased for that use Page 13. Compositions Private Compositions for Damages sustained in the Rebellion prohibited Page 215. Contracts No Master shall make any Contract with his Servant before his Service be expired unless with the Approbation of some Justice of the Peace Page 202. Conveyances An Act against Fraudulent Conveyances Page 56. Conveyances of Estates shall be acknowledged before the Governour at the General Court or before the Justices at County-Courts ibid. Such Conveyances shall be Registred within 6 Months or otherwise shall not be good in Law ibid. Who are exempted from this Act ibid. Conveyances made in England shall be Recorded in the Secretaries Office Page 110. Council Members of the Council of State may sit in any Court in Virginia Page 204. Allowance to Councellors attending at General Courts Page 205. Cocquets The price of Cocquets ascertained Page 200. One half penny per Hogshead payable for all
Bills of Lading not containing above 20 Hogsheads ibid. In Bills of Lading exceeding that number Twelve Pence for every Cocquet ibid. Corn. Two Acres of Corn for each Tythable Page 82. Or one Acre of English Wheat ibid. Corn shall not be Exported upon penalty of paying 200 l. of Tobacco for every Barrel thereof and twice the price of other provisions Page 197. Coroner An Act ascertaining Coroners Fees Page 226. In Counties where there is no Coroner a Justice of Peace shall perform his Office and receive the Fee due to the Coroner ibid. County A Pillory a Whipping Post a pair of Stocks c. to be set up in each County Page 31. No person shall remove out of the County where he dwells without first setting up his Name on the Church-door three Sundays with his intention of removeing and whither Page 46. Cattle shall not be removed out of the County withoue notice first given to four of the Neighbourhood ibid. Counties or Parishes to make By-Laws which Laws shall be obeyed by the Inhabitants of the said Counties or Parishes Page 112. Inhabitants of the County shall obey the By-Laws thereof Page 237. Where two or more Counties lie conveniently one publick Ware-house may serve in common between them Page 266. Courts Courts formerly called Quarter Courts to be hence forth stiled General-Courts Page 14. Rules for the beginning continuance and proceedings in Courts Page 15. How the Stile of the Court shall be entred ibid. Warrants for Proceedings in Courts to be issued by the Clerk Page 16. How long Courts shall sit each day Page 18. Criminal Causes shall be tryed only at the General Courts and on the Fourth day Page 20. county-County-Courts appointed and how to be formed Page 26. Members of County-Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace ibid. An what places and when County Courts shall be held ibid. Form for entring the Stile of the County-Courts Page 28. Court shall not take Cognizance of any thing under 200 l. of Tobacco ibid. Private-Courts prohibited Page 29. County Courts may grant Probates of Wills and Administrations upon the Estates of Persons dying intestate Page 48. Discounts to be made in Courts Page 69. The General Court to be held the 15th of April Page 139. Land alloted for building Court Houses Page 156. County Courts shall re-examine their Orders Page 162. An Act for opening Courts of Judicature Page 213. An Act impowering County-Courts to make By-Laws Page 237. Two Men of each Parish chose by the Free-holders and House-keepers shall sit with the Justices in County Courts for making By-Laws ibid. Criminals When several are Actors in the same Crime every one shall be fined Page 132. Criminals having Estates shall defray the Charge of their own Prosecution Page 147. Otherwise to be prosecuted at the Charge of the County ibid. D Debts NO Debts pleadable in Virginia for Goods Imported thither Page 123. Debts contracted in Virginia shall be the first paid Page 125. No Debts pleadable against Dead Mens Estates but such as were contracted within One year before their decease Page 239. Declaration Plantiff shall file his Declaration three days before the day of Hearing Page 18. Defendant shall put in his Appeal to the Plantiffs Declaration Page 28. Dedimus Potestatem How a Dedimus-Potestatem shall issue Page 24. In what Cases to be granted by whom and to whom it shall be directed ibid. The Fee for a Dedimus Potestatem Page 163. A Dedimus Potestatem may be signed by any Member of the Council Page 290. Defamation What Defamations are Actionable Page 29. Babling and Slanderous Women to be punished by Ducking Page 107. Persons provoking others by Aggravations or Terms of Distinctions fined 400 l. of Tobacco Page 216. Any person who shall either by Words or Writing Defame the Governour shall suffer a years Imprisonment without Bail c. Page 250. E. Errors A Amendment thereof Page 18. Evidence Evidence shall be given Viva Voce in Cases Criminal Page 24. Penalties of Non-appearance upon Subpoenas Page 25. Allowance for Evidences summoned to the General Court Page 193. Execution An Act permitting persons under Execution to redeem their Bodies with their Estates Page 123. Proceedings in case of an Execution for Debt and what relief may be had therein Page 124. Executions issuing upon Judgment granted by the Assembly shall be drawn by the Clerk and signed by the Governour Page 228. Writs of Execution and Writs of Attachment how to issue Page 290. Exportation No Merchant or Mariner shall Transport any person out of this Collony without Certificate Page 46 Against Exportation of English-Goods Page 87. Mares and Sheep not to be Transported ibid. Exportation of Iron Wooll Wollfells Skins Hides or Leather prohibited Page 285. F. Fasts c. A Fast to be kept annually on the 30th of January Page 7. The 29th of May appointed to be kept Holy Page 8. The 13th of September to be annually kept Holy Page 125. A Fast appointed Page 157. Fences Fences shall be four foot and a half high or else no Damages to be allowed for Trespass Page 58. Sheep comprehended in the Act concerning insufficiency of Fences Page 149. Fences of Corn-Fields shall be four foot and a half high Page 167. Fines Courts only shall impose and collect Fines Page 32. An account thereof shall be kept by the Clerk ibid. Fish An Act restraining the striking and killing of Fish between the first of April and first of November Page 281. Flax and Hemp. Flax-seed to be distributed into each County Page 79. An Act for the Manufacture thereof Page 188. One Quart of Flax-seed and the like quantity of Hemp-seed to be distributed to every Tythable person in each County ibid. One pound of dressed Flax or Hemp to be yearly made for every Quart of Seed received ibid. Twenty four pound of Tobacco allowed by the publick for every Peck of Flax-seed of the growth of the Countrey and Twenty pounds of Tobacco for every Peck of Hemp-seed Page 296. For every Tythable in the year 1684 shall be made one pound of Flax and one pound of Hemp dressed or Two pounds of either and so yearly after Page 297. Fornication An Act against Fornication Page 73 Persons convicted of Fornication fined 500 l. of Tobacco ibid. Fornication with a Negro-man or Woman punishable Page 111. Forts and Fort-duties Three pence per Hogshead payable for Fort-Duties in Accomack c. Page 93. Masters of Ships may pay their Fort-Duties in Musquet-Powder and Shot Page 113. A Fort ordered to be Built Page 136. Forts ruinated and demolished shall be built a-new or repaired with Brick Page 176. Levies for building and repairing Forts ibid. Frontiers Plantations on the Frontiers to be strengthened with four able hands well Armed Page 126. An Act giving Seven years time for seating Frontier-Lands Page 210. G. Garisons FOur Houses for Stores and Garrisons ordered to be built at the publick Charge Page 229. Places where