sit Judges in all the County-Courts and there hear and determine all causes then depending in them by Action or reference from any other preceding 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 WHereas 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 that for the avoiding delayes 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 Itinerary-Councellours in their Circuit From whose sentence it 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 Tryal 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 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 alwayes 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 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 being Three thousand pounds of Tobacco or Thirty pounds 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 tryed at the county-County-Courts and that no Arrest be made to the general-General-Court in any Action under the value of Sixteen hundred pounds of Tobacco or Sixteen pounds sterling upon penalty of Five hundred pounds of Tabacco to be paid by the Plaintiff to the Defendant for his Charges XXVII Amerciaments in the general-General-Courts Fifty pounds of Tobacco per Cause in county-County-Courts Thirty per Cause WHereas many Suits are raised upon frivolous occasions by litigious persons for prevention thereof for the future Be it Enacted and confirmed That all persons whatsoever that are cast in any Cause be they Plaintiffs or Defendants shall be Amerced besides the Dammages and Costs to the Recoverers Fifty pounds of Tobacco in the general-General-Courts to the use of the Publique and in the County-Courts Thirty pounds of Tobacco for the maintenance of the Commissioners For the due Collecting whereof Be it Enacted That the Clerks of the General-Courts and the several County-Courts keep an exact Accompt 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 impowred for default of payment to make distress and commanded not to return any Arrears Executors and Administrators who cannot pay without orders alwayes excepted XXVIII Subpaena's to be Issued by the Clerk BE it also Enacted That the Clerk of the General-Court shall issue Subpaena's from the Secretaries Office for all Evidences required in the tryal 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 Provided alwayes That in Criminal-Causes all Witnesses be bound over to give in their Evidences vivâ voce at the tryal 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 farr exceeding the value of the Cause be brought to give it vivâ 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 hinderance 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 tryals 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 be to be Tryed at the General-Court the Governour if in any County-Court any one of the Council or the Judge of the Court 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 Plantiff or Defendant then the Governour Councellour 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 impowred and required to appoint a time and place when and where they will receive the Evidences and to issue out Subpaena's for their appearances accordingly and if upon such Summons any of the Witnesses refuse or neglect to come and give in their Evidences then the Commissioners or any two of them be further impowred 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 alwayes 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 dayes 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
Actions to fill with that number It being unreasonable That the Governour and Council should wait a week for a stragling 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 Warrants may be served to the General-Court at any time if there be ten days between the Arrest and Return that is the day mentioned in the Writ to appear 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 beten days between the Serving. XXI Courts to sit from Eight to Eleven of the Clock in the Forenoon from one to three after Noon BE it also further Enacted That the Court shall each day sit from Eight of the clock till Eleven in the fore-noon and from One to Three in the afternoons And for avoiding all Errors that may happen in the draught for the Orders by the Clerk either through his mis-apprehending the sense of the Court or the partial Information of any person concerned which he being distracted with the multiplicity 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 Plaintiffe and Defendant if they will be present when Rule will be given by the Court for amendment of Errors if any be before they be entred upon Record and the Plaintiffe or Defendant if they have any new matter of plea shall then have liberty to plead it in Arrest of Judgement And the Orders thus publiquely read and confirmed shall be 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 Plaintiffe to file his Declaration three days before the day of Hearing 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 Plaintiffe file his Declaration in the Office at least three days before the day of Hearing in which time the Defendant may take a Copy there of 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 Plaintiffe 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 liveth within fifty miles of James-City one hundred and fifty pounds of Tobacco for a Non-suit and if he dwell further off then three hundred fifty pounds of Tobacco beside his Amercement to the Publique 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 Amerciament of one thousand pounds of Tobacco laid upon him by Act for not making Returns Provided that the Bail and Sheriffe have respit 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 Amerciament awarded against the Sheriff to continue and not to be remitted XXIII Adjournment to the two last days for Determination of References by Avisare Volumus or Actions erected 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 dayes of the Court. And whereas some cases of difficulty may be presented upon which the Court may desire to advise Be it therefore Enacted that assoon as the Court hath sat so many dayes as are filled with Actions it shall be adjourned to the two last dayes of that Court and what-ever the Court hath referred by their Avisare Volumus and all Actions entred in Court-time as aforesaid shall be then tryed and determined XXIV Criminal Causes to be tryed at the General Courts WHereas men of the greatest abilities both for Judgement and Integrity do usually meet at the general-General-Courts whither their â—ccasions 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 tryed at the General Courts only the fourth day of the said Courts and because the Laws of England do enjoyn Juries to be chosen out of the Neighbourhood where the fact was committed according to which the remoteness of our habitations doth not admit us so fully to practise as we desire yet that we may come to them as near as possibly 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 Sheriffe 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 neerest of the Inhabitants of his County to that place where the fact was committed to be of the Jury for Tryal of that cause returnable the said fourth day of the next General-Court where the said Jury-men are bound to appear 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 WHereas 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 Accompt 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 that the Governour Commissionate two of the Council for every River yearly in August to
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 Evidence BE it also Enacted That the Penalties to be inserted in Subpaena's to the General-Courts for Non-appearance of the Evidences summoned be One thousand pounds of Tobacco and for like default of the County-Courts Three hundred and fifty pounds of Tobacco And that all Witnesses summoned to give in their Evidences at either of the said Courts 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 untill they have given in their Evidences Forty pounds of Tobacco per day And because many malitiously 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 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 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 alwayes of the Quorum are to be impowred 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 Peace there And be it further Enacted That these persons thus Commissionated 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 styled County-Courts And further that the Justices do keep the said Courts precisely upon the dayes appointed by this and former Acts of Assembly viz. 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 the 15 day Elizabeth-City the 18 day Warwick-County the 21 day Yorke-County the 24 day Northampton the 28 day New-Kent the 28 day Gloucester the 16 day Lancaster the Rappahanocke the Surry the Northumberland the Westmerland 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 signifie 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 Subpaena's 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 pounds of Tobacco to be levyed upon the Sheriff that shall presume to serve any Process contrary to the tenor hereof And be it Enacted That the Plaintiff in any Action shall at least the day before the Court enter his Bill of Complaint 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 alwayes 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 transferring the Presidents to Posterity as also for prevention of new Suits upon mistake of the grounds of Orders That as the Plaintiff 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 and that the Judgment if for the Plaintiff 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 style of the Court Proclamation for silence the Cryers calling the Plaintiff and the Defendant to Answer be observed in the county-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 impowred to hear and determine And whereas many vexatious persons do very much trouble the Courts and their Neighbours for brabling words sometimes passionately but not malitiously spoken â—e it therefore Enacted That no Action be admitted for Defamation in any Court Action of Defamation 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 Plaintiff 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 brawles forced to wave matters of greater consequence And because Offences of this nature may be determined by a particular Justice who is hereby impowred 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 tend to the apparent dammage of divers of the Inhabitants of this Countrey Be it therefore Enacted That no Private-Courts be kept but that all business tryable or grantable by or at the County-Courts be tryed and granted in open Court at the times and places by
For Coppying the Acts of every Assembly 0300 For the whole body of the Acts writing 0300 For attesting Act of Assembly Coppying Answer and Replies CXXXVIII Interpreters made for the Country WHereas Colonel John Flood hath long and faithfully served this Countrey in the Office of an Interpreter and being now deceased It is Enacted That Thomas Flood Son to the said Colonel John Flood shall be received in the place of his Father and that Henry Newcombe be likewise made Interpreter for the Norwood This is a true Copy of the Acts of Assembly now in force and agreeth with the Original in the Records Teste Henr e Randolph Cl. Assem FINIS The Title and Number of the Acts in order as they are PRINTED Act. 1. CHurch to be built or Chappel of Ease Page 2 Act. 2. Vestries appointed Page 3 Act. 3. Glebes to be laid out ibid. Act. 4. Ministers to be Inducted ibid. Act. 5. Ministers to provide Readers 31. 1661. Page 4 Act. 6. Liturgy to be read ibid. Act. 7. Church Catechism ibid. Act. 8. Ministers to Preach weekly Page 5 Act. 9. Sundayes not to be prophaned ibid. Act. 10. The 30 th of January to be kept a Fast Page 6 Act. 11. The 29 th of May to be kept holy ibid. Act. 12. None to be Married but by Ministers nor by them but by Licence or Publishing the Banes ibid. Act. 13. Church-wardens to make Presentment Page 7 Act. 14 Burial of Servants or others privately Prohibited ibid. Act. 15. Church-wardens to keep the Church in Repair and provide Ornaments Page 8 Act. 16. Registers to be kept by the Ministers or Readers ibid. Act. 17. Licences for Marriage how to issue Page 9 Act. 18. Provision for a Colledge Page 10 Propositions by the Governor Whereas an Antient c. ibid. Act. 19. Courts Page 11 Act. 20. Actions to be Proportioned Page 13 Act. 21. Courts to sit from Eight to Eleven of the Clock in the Forenoon from One to Three after Noon ibid. Act. 22. The Plaintiff to file his Declaration three days before the day of hearing Page 14 Act. 23. Adjournment to the two last days for Determination of References by Avisare Volumus or Action entred in Court time ibid. Act. 24. Criminal Causes to be tryed at the general-General-Courts Page 15 Act. 25. The Governor and two of the Council to go the Circuit Page 16 Act. 26. Appeals how to be made ibid. Act. 27. Amerciaments in the General-Courts Page 17 Act. 28. Subpaena's to be issued by the Clerk Page 18 Act. 29. Dedimus Potestatem how to issue ibid. Act. 30. Penalties for non-apperance of Evidences Page 19 Act. 31. County-Courts appointed Page 20 Act. 32. No Arrest without entry of Action Page 21 Act. 33. The Defendant to put in his Answer ibid. Act. 34 Form of entring the Court ibid. Act. 35. Court not to take Cognizance of any thing under two hundred pounds of Tobacco Page 22 Act. 36. Private Courts prohibited ibid. Act. 37. Tryals by Juries Page 23 Act. 38. Grand-Juries to present Offenders ibid. Act. 39. Pillories to be erected in each County Page 24 Act. 40. Fines to be disposed of by the Assembly ibid. Act. 41. Supersedeas by whom and how grantable Page 25 Act. 42. Prisons to be built in each County ibid. Act. 43. Dwellers within the Rules of any Prison not to have the benefit thereof Page 26 Act. 44. Sheriff to be chosen in the Commission ibid. Act. 45. Sheriffs not making return Page 27 Act. 46. Sheriffs to take Bail ibid. Act. 47. Non est inventus Page 28 Act. 48. Apprizement of Goods ibid. Act. 49. No Commissioner Clerk or Sheriff to be Atturnies in the Court where they Officiate Page 29 Act. 50. Publication of Writs for Election of Burgesses Page 30 Act. 51. Publique Levies to be first paid ibid. Act. 52. The Sheriff upon the instance of the Treasurer or his Deputy to Collect the Quit-Rents Page 31 Act. 53. List of Tithables how to be taken ibid. Act. 54. What Persons are Tithable Page 32 Act. 55. Counsellours and ten persons to be exempted out of the Levy ibid. Act. 56. Artificers not planting Tobacco to be freed from paying Levy ibid. Act. 57. Counsellour to raise a Levy Page 33 Act. 58. No Arrests to be made on Sabbath-dayes ibid. Act. 59. Reward for killing of Wolves Page 34 Act. 60. Commissioners to take Security of Sheriffs ibid. Act. 61. Judgment before Commissioners Page 35 Act. 62. Persons removing into the Bay ibid. Act. 63. English Weights and Measures Page 36 Act. 64. County-Courts to grant Probates and Administration Page 37 Act. 65. Administrations to whom to be granted ibid. Act. 66. Concerning Orphans Page 38 Act. 67. Orphans Land not to be Aliened Page 40 Act. 68. Grants of Land ibid. Act. 69. Deserted Land Page 41 Act. 70. Seating upon others Dividens ibid. Act. 71. Not to Shoot or Range upon other mens Lands Page 42 Act. 72. Lands five years in possession ibid. Act. 73. Against fraudulent Conveyances Page 43 Act. 74. Quit-Rents how to be paid Page 44 Act. 75. Surveyors of Land ibid. Act. 76. Land to be plainly Marked and Bâ—â—nded Page 45 Act. 77. What Fences shall be sufficient ibid. Act. 78. Bounds of Lands to be every four years renewed by the view of Neighbourhood Page 46 Act. 79. Surveyors for High-wayes Page 47 Act. 80. Tobacco when to be demanded Page 48 Act. 81. Judgments and Specialties how long pleadable ibid. Act. 82. Atturnies for business out of England Page 49 Act. 83. Burgesses ibid. Act. 84. Burgesses Ascertained Page 50 Act. 85. Burgesses charges to be ascertained ibid. Act. 86. Burgesses to appear upon the day ibid. Act. 87. Burgesses not to be Arrested Page 51 Act. 88. No Order to contradict an Act ibid. Act. 89. Assemblies to enquire after the breach of Laws Page 52 Act. 90. Publique Letters how to be conveyed ibid. Act. 91. Divulgers of false News Page 53 Act. 92. Chirurgions Accompts Regulated ibid. Act. 93. Chirurgions Accompts pleadable after the decease of the party Page 54 Act. 94. Discounts to be made in Courts ibid. Act. 95. Accompts against dead mens Estates ibid. Act. 96. Ballancing Accompts of deceased persons Page 55 Act. 97. Ordinary-Keepers how to sell ibid. Act. 98. Servants how long to serve Page 56 Act. 99. Against Secret Marriage Page 57 Act. 100. Against Fornication ibid. Act. 101. Hired Servants Page 58 Act. 102. Run-awayes Page 59 Act. 103. Cruelty of Masters Prohibited Page 60 Act. 104. Against unruly Servants ibid Act. 105. Against Trading with Servants Page 61 Act. 106. No Tobacco to be planted after the tenth of July ibid. Act. 107. No Seconds or Slips ibid. Act. 108. Improvement of Staple-Commodities Page 62 Act. 109. Act for Mulbery-Trees Page 63 Act. 110. Encouragement to build Vessels ibid. Act. 111. Tan-houses to be erected Page 64 Act. 112. Two Acres of Corn for each Tithable ibid. Act. 113. Stray Horses Page 65 Act. 214. Free Trade ibid. Act. 115. Exportation of Hides Page 66 Act. 116. Exportation of Money Page 66 Act. 117. Size of Virginia Hogsheads ibid. Act. 118. Against private taking away Boats Page 67 Act. 119. Against Shooting ibid. Act. 120. Supply of Ammunition ibid. Act. 121. Against exacting-Millers Page 68 Act. 122. Against Exportation of English Goods ibid. Act. 123. No Mares or Sheep to be transported Page 69 Act. 124. Against selling of Rum but in places appâ—inted ibid. Act. 125. Against Stealing of Hogs ibid. Act. 126. Masters of Ships to provide four Moneths Provision Page 70 Act. 127. Concerning Passes ibid. Act. 128. Imposition of two shillings per Hogshead Page 71 Act. 129. Every Inhabitant in Northumberland and Westmerland Counties to give an Accompt how many Hogsheads of Tobacco they made and to whom disposed Page 72 Act. 130. Payment of Fort-Duties in Accomake c. Page 73 Act. 131. Ten shillings per Hogshead ibid. Act. 132. Castle-Duties to be paid Page 74 Act. 133. Ships to come up to James-City ibid. Act. 134. Priviledge of Virginia-Owners Page 75 Act. 135. A Publique Notary appointed ibid. Act. 136. Acts concerning the Indians Page 76 77 78 79 Act. 137. Clerks fees to be paid Page 80 The Secretaries Fees ibid. County-Court Clerks Fees Page 81 The Sheriffs Fees ibid. The Clerk of the Assemblies Fees Page 82 Act. 138. Interpreters made for the Countrey Page 82 FINIS