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-Courts and that no Arrest be made to the 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-Courts Fifty pounds of Tobacco per Cause in 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-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
it hereby enacted 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 Pound of Tobacco and be answerable for escapes as aforesaid and that the person breaking Prison shall according to the said Act of the 3d of Novemb. 1647. be adjudged a Felon and that no Person under Execution for Debt or imprisoned for Felony shall have the benefit of the Rules and all other persons having the benefit of the Rules shall be secured and lye in Prison every night at the peril of the Sheriff 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 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 Plaintiff shall be ordered to pay the Debt as in case of Escapes XLIV Sheriffe to be chosen in the Commission FOrasmuch as the Commissioners of County-Courts are by the Laws of this Countrey answerable for the Levies and Estrearments of each County of which the Sheriff is usually the Collectors 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 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 unto him And be it further Enacted That no Under-Sheriff shall execute the Office of Under-Sheriff in the same County above one year Provided alwayes That the Sheriffs of James-City who are more immediate Officers then any other to the General-Courts and the Publique shall be left to the Governour 's free choice And further That if the Governour see cause for the better promoting any of his Majesties especial 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 WHereas 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 endammaged Be it therefore Enacted 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 dayes at least before the day of the Return of the Writ in the General-Court and two dayes 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 That all Sheriffs shall take sufficient Bail of all 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 Sheriffe shall be lyable 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 Publique 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 Alwayes 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 not 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 Attachment by a former Act hath been usally granted when perhaps neither the Sheriff nor his Officer have been at the Houses of the Defendants to the great damage and disparagement of the said Defendant by having his Goods Attached Be it therefore Enacted That henceforth the Sheriff or his Officer shall declare upon one of their Oaths that he hath been at the House of the Defendant 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 evidently appear to the Court that it is justly due to him XLVIII Apprisement of Goods BE it Enacted for the Equal Apprisement of Goods seized by Execution That the Plaintiff and Defendant shall chuse each of them two indifferent men for that purpose and in case of disagreement the said four or any three of them shall chuse an Umpire which Umpire so chosen shall be sworn by the next Commissioner to apprise such Goods indifferently and his Umpirage to be final And be it further Enacted That if Plaintiff or Defendant shall neglect to appoint Apprizers 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 That before such Apprizement 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
the Families to the Clerk of the Assembly the first or second day of every September-General-Court LIV. What persons are Tithable WHereas several Disputes have been made of what persons were Tithable It is hereby enacted and declared That all Male persons of what age soever imported into this Country shall be brought into the Lists and be lyable to the payment of all Taxes And all Negro's Male or Female being imported shall be accompted Tithable And all Indian-servants Male or Female however procured being adjudged sixteen years of age shall be likewise Tithable From which none shall be exempted but such Christians only as are either Natives of this Countrey or are imported free by their Parents or others who shall not be liable to the payment of Levies untill they be sixteen years of age or such others as by particular Acts of Assemby are exempted LV. Counsellors and ten persons to be exempted out of the Levy BE it Enacted That each Councellour of State for this Countrey shall be freely exempted from all Publique Charges and Taxes for themselves and ten of their Family the Ministers and Church-duties excepted And further that all Ministers officiating in any Cure of this Country shall for their attendance on the General-Courts and Assemblies be exempted themselves and six of their Family from paying any Publique Taxes And further that all persons that came into this Countrey at the last coming in of Sir Thomas Tates shall have their own persons exempted from paying of any Publique Taxes Church-duties excepted and also from their personal service in the Warrs LVI Artificers not planting Tobacco freed from payment of the Levy AND whereas all persons Artificers and others are forced to neglect their Trades and to plant Tobacco meerly for the payment of their Levies Be it Enacted That what Artificer or Handicrafts-man soever will imploy himself and Servants only about their Trades and not plant any Tobacco at all every such Artificer and Handicrafts-man so following his Trade and not planting Tobacco either by himself or servants shall for his encouragement be exempted from paying any Levies either for himself or servants for the term of three years except it be for the Ministers dues and Church duties Provided alwayes that if any person claiming the benefit of this Act shall directly or indirectly at home or abroad plant or tend or cause to be planted or tended any Tobacco contrary to the intent of this Act or hire out his servant or servants to others to plant or tend Tobacco he shall be censured to pay double Levies for himself and all his Tithables to the use of the County LVII Counsellours to raise a Levy WHereas the necessary charge of the Country doth enforce the raising of an Annual-Levy which being commonly done by an Assembly the charge of which doth most times equal if not exceed all other Taxes of the Country Be it therefore Enacted That the Governour and Councel in September 1662. shall have power to raise and proportion a Levy to defray the Country debts and Salaries allowed by the Assembly and such other Debts also as they shall find justly and necessarily due according to the number of Tithables Provided the whole amount not to more then Twenty pounds of Tobacco per poll And this Act to continue for three years unless some urgent occasion present in the mean time of calling an Assembly And that the Levy may be truly proportioned Be it enacted further That every Clerk of a County-Court transmit the Certificate of the number of Tithables in his County to the Secretaries Office in every September-Court LVIII No Arrests to be made on the Sabbath-dayes WHereas it hath been the frequent practice of Sheriffs and their Officers for their own ease and benefit to repair to the Churches and other places of Publique meetings on purpose to serve Warrants and Executions and other Writs by which means men in danger of Arrests have been deterred from the service of God and the King Be it Enacted That no Sheriff nor his Officer shall from henceforth execute any Writ or Warrant upon any person or persons either upon the Sabbath-day or upon the day of Humiliation for the death of the late King of blessed memory or upon the dayes appointed for thanksgiving for his Majestie 's happy Inauguration and for the Deliverances of this Countrey from the two Bloudy Massacres nor at the times of General Musters or Election of Burgesses Provided alwayes that it shall and may be lawful for the Sheriff or any other Officer to apprehend and carry to Prison any person or persons for Riots Felony or suspition of Felony or escape out of Prison when under Execution upon any day at any place any thing in this Act to the contrary notwithstanding LIX Reward for killing of Wolves WHereas great complaint is made of the frequent and many injuries done by Wolves to the Cattel and Hogs of several Inhabitants of this Countrey It is therefore Enacted for the encouragement of those that will make it their business to kill and destroy them that they shall be paid by the County in which they are killed for every Woolf destroyed by Pit Trap or otherwise Two hundred pounds of Tobacco Provided he make proof before the next Commissioner how the Woolf was killed and bring in his head and take from the said Commissioner a Certificate thereof which being produced to the Court when they are proportioning the Levy shall be sufficient to have the said Reward raised upon the County and to be paid to such persons as it is justly due LX. Commissioners to take Security of Sheriffs BE it also Enacted That the Commissioners of every County shall be answerable to the Publique for all Levies laid upon their County by Act of Assembly and for the Sheriffs performance of his place and in regard thereof are hereby impowred before the admission of any Sheriff into his Office to take such security of him as they shall think fit and sufficient to save themselves harmeless for the Receiving and Discharging all Publique Duties whether Quit-Rents Levies or Officers Fees committed to his charge of Collection and for the due performance of his Office Provided that no Commissioner shall be liable but such as were of the Commission when the Defect was made LXI Judgement before Commissioners BE it enacted That the voluntary confession and acknowledgement of a Debt by the Debtor under his Hand and Seal before two Commissioners of which one of the Quorum shall be accounted in Law in the Nature of a Judgment the said Commissioners attesting the same under their Hands and so certifying it to the Clerk of the County-Court to enter it upon Record upon which Writing so acknowledged attested and Recorded Execution shall issue in case the Debt be not paid as if Judgment had been granted for the same in open Court Provided that if no Execution issue within a year after such acknowledgment then a Scire facias shall issue before any Writ