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
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
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
disturbance of His Majesties Peace then by their discretion in their Votes provide for the conservation thereof by making choice of Persons fitly qualified for the discharge of so great a Trust and whereas the Laws of England grant a Voice in such Elections Now but Freeholders and House-keepers shall have a voice in Elections of Burgesses only to such as by their Estates real or personal have interest enough to tye them to an endeavour of the publick good It is hereby Enacted That none but Freeholders and House-keepers who only are answerable to the publick for the Levies shall hereafter have a Voice in the Election of any Burgess in this Country and that the Election be at the Court-house IV. An Act for Lists of Tytheables to be Published WHereas many endeavours have been used for prevention of Frauds in taking the Lists of Tytheables It is hereby Enacted for the surer discovery thereof that at the next Court after the tenth of June in every County the names and numbers of Tytheables in every List taken by the Respective Justices in their Respective Precincts limited them be taken by the Clerk of the County-Court and by him written and set up at the Court Door Lists of Tythcables shall be set up at the Court-Door all that Court-day to the end that if any concealment have been made the persons living near them may discover them to the Court and such Penalties be inflicted on them as by the former Law is enjoyned V. An Act declaring no Indians nor Negroes to buy Christian-Servants WHereas it hath been questioned whether Indians or Negroes manumitted or otherwise free could be capable of purchasing Christian Servants It is Enacted Indians and Negroes may buy their own Natives but not Christians that no Negro nor Indian though baptized and enjoying their own Freedom shall be capable of any such purchase of Christians but yet not debarred from buying any of of their own Nation VI. An Act shewing how Certificates for Marriages shall Issue WHereas Complaint hath been made that divers Persons to the defeating the Law and Defrauding Parents and Guardians of that natural right and just Priviledge in disposing of their Children and Orphans in Marriage have clandestinely procured the Clerk of other Counties then that the Parents live in to give them Certificates for Licences and so the Parents by the inequality of the match dishonoured and the Child ruinated in her Fortunes It is Enacted that the Act for Licences to Issue one Certificate from the Clerk of the County-court be declared to extend to no other Clerk but of that County where the Maid her Parents or Guardian dwells and that the Clerk of that County shall not grant any such Certificates without the personal consent of the Parent or Guardian Certificates for marriage not to be granted without the Consent of the Parent or Guardian and that in every Certificate the Clerk shall expresly averr the same and every Clerk that shall grant them otherwise then afore expressed to forfeit his place VII An Act concerning Litigious Suits VVHereas Divers Litigious Suites are conceived meerly out of envy and Malice to the ruine of divers poor men by forcing them to a neglect of their domestick affairs and unnecessary expences during their attendance at General Courts It is hereby Enacted that in all cases where the Molestation shall be found to be unjust the party so molesting without cause What Damages are allowed in Case of Litigious Suites may be inforced to pay to the party grieved for every day he may be reasonably in going to James City and returning home thirty pound of Tobacco per day and for every day of his Attendance to answer sixty pound of Tobacco per day besides his Ordinary Non-Suit allowed by a former act and costs of Court VIII An Act concerning Commissioners Warrants VVHereas it hath been doubted whether the Warrant of any Commissioners be in force to constrain a Constable of another County to prosecute by Hue and Cry or to apprehend or convey Runaways to the next Constable It is hereby Enacted and Declared that the said Warrant directed first to a Constable within his own Precincts Constables are to obey Comissioners Warrants and so from Constable to Constable for avoiding delays in such necessary Pursuits obliege every Constable to whom it shall come to the observance and performance of the Contents of this Precept IX An Act of Penalty for not returning two Burgesses VVHereas the Act for Electing two Burgesses for each County for want of a Fine hath not had the due observance it ought It is Enacted that every County not sending two Burgesses Penalty on Countys for not sending two Burgesses to every Session of Assembly shall be fined ten Thousand pounds of Tobacco to the Use of the Publick X. An Act Repealing the Act about Wolves WHereas the Act for Encouragement of Indians to kill Wolves and paying the Tribute Beaver in Wolves-heads hath not produced such Effects as was hoped and desired It is therefore Enacted that the Act concerning the destruction of Wolves and paying the encouragement by the Publick be Repealed and the former Act to remain in force XI An Act for the better payment of Two Shillings Per Hogs-Head vide Act 3. Anno 1680. XII An Act concerning who shall be Slaves WHereas some disputes have arisen whether Indians taken in War by any other Nation and by that Nation that takes them sold to the English are Servants for Life or Tearm of Years It is Resolved and Enacted that all Servants not being Christians imported into this Countrey by Shipping shall be Slaves for their life time All Servants imported not being Christians shal be Slaves during Life but what shall come by Land shall serve if Boys and Girls until thirty years of Age if Men and women twlve years and no longer But those that come by Land for a time limited At a Grand Assembly held at JAMES CITY the Twentieth of September Anno 1671. I. An Act Prohibiting Millers the taking of more then one eight part of English Grain Toll for Grinding thereof VVHereas divers Complaints have been Exhibited against the greatness of Toll paid to Millers for Grinding of Corn for the Regulating whereof for the future Be it Enacted and Ordained by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof And it is hereby Enacted and Ordained That no Miller shall take for grinding of English Grain more than one eighth part and for grinding of Indian Corn Millers shall take but one eighth part for Grinding English Corn and one sixth for Indian more than one sixth part as formerly and that every Miller exceeding herein shall undergo such Fine and Penalty as is imposed by a former Act made at James City the 23d of October 1666. II. An Act permitting the Exportation of Wool Hides and Iron Vide Act 12. Anno 1680. III. An Act for moderating the Rates 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-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
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