sit Judges in all the county-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-General-Court from which the said Councellors during the Tryal of such cause or causes in which they had at the county-County-Courts given their opinions shall be suspended But because in the Winter time the general-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-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-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
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-General-Court if the Writ issue from the Governour or else to the Clerk of the county-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-General-Courts and county-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-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
Prophaning Gods holy Name or Sabboth abusing or contemning his holy Word and Sacraments or absenting themselves from the exercise thereof as also of those foul and abominable sins of Drunkenness Fornication and Adultery and of all malitious and envious Slandering and Backbiting For the better manifestation whereof the said Church-wardens are Impowred to cause all such persons upon whose Reports they ground their Presentments to appear at the respective County-Courts to which the Presentments are made to give in their Evidences concerning the same XIV Burial of Servants or others privately Prohibited WHereas the private Burial of Servants and others give occasion of much Scandal against divers persons and sometimes not undeservedly of being guilty of their Deaths from which if the persons suspected be innocent there can be no Vindication nor if guilty no punishment by reason they are for the most part Buried without the knowledg or view of any others then such of the Family as by nearness of relation as being Husband Wife or Child are unwilling or as Servants are fearful to make discovery if Murther were committed for Remedy whereof as also for taking away that Barbarous Custom of exposing the Corps of the Dead by making their Graves in common and unfenced places to the prey of Hoggs and other Vermine Be it Enacted That there be in every Parish three or four or more places appointed according to the greatness or littleness of the same to be set a-part and fenced in for places of publique Burial for that Precinct and further that before the Corps be Buried there be at least three or four of the Neighbours called who may in case of suspition view the Corps and if none yet according to the decent Custom of all Christendom they may accompany it to the grave And be it further Enacted That no persons whether free or servants shall be buried in any other place then those so appointed unless such who by their own appointment in their life-time have signified their desire of being interred in any particular place elsewhere XV. Church-wardens to keep the Church in Repair and provide Ornaments AND it is further Enacted That the said Church-wardens take care and be impowred during their Church-wardenships to keep the Church in repair provide Books and decent Ornaments viz. a great Bible two Common-Prayer-Books a Communion-Cloth and Napkins a Pulpit and Cushion this present year and after annually something towards Communion-Plate Pulpit-Cloth and Bell as the ability of the Parish will permit And that they the said Church-wardens do faithfully collect the Ministers dues cause them to be brought to convenient places and honestly pay them and that of all their Disbursements and Receipts they give a true accompt to the Vestry when by them required who are impowred by a former Branch of this Act to levy the same upon the Parish and by this to give the said Church-wardens a sufficient discharge XVI Registers to be kept by the Ministers or Readers WHereas many differences do frequently arise about the age of Orphants and enquiries are often made for persons Imported into this Countrey and here deceased and no positive Certificates can be granted of the Age of one or Death of the other by reason no Registers have been kept which might by the Record there entred evidence the same Be it therefore Enacted That the Minister or Reader of every Parish shall well truly and plainly Record all Births Burials or Marriages that shall happen within the Precincts of that Parish in a Book to be provided by the Vestry for that purpose And if any Master of a Family or other person concerned shall omit the giving notice to the said Minister or Reader of the day of the Birth Death or Marriage of any to him or them related the space of a Moneth such person for such his neglect be fined One hundred pounds of Tobacco And that the Minister have for their entry of such Birth Death or Marriage Three pounds of Tobacco and if they neglect entring the same as aforesaid that they be fined upon discovery made of the said neglect five hundred pounds of Tobacco to the use of the Parish XVII Licences for Marriage how to issue AND whereas many times Licences are granted and the persons are Marryed out of the Parishes which Licences have been usually granted by the Governour whose knowledg of persons cannot possibly extend over the whole Country Be it Enacted That henceforward all persons desiring Licences for Marriage shall first repair to the Clerk of the county-County-Court and there give Bond with good Security that there is no lawful cause to obstruct their said Marriage and that upon receipt of such Bond the said Clerk shall write the Licence and certifie to the first in Commission for that County or such other whom it shall please the Governour to Depute that he hath taken a Bond as aforesaid who by vertue thereof shall signe the said Licence and direct the same to the Minister And to the end that the legal Grant of the said Licence may be made Evident and the Governour ascertained of his just dues It is further Enacted That the said Clerk shall yearly in September-Court return the Names of the parties Marryed and of the Security to the Secretaries Office there to be Recorded and further that he deliver an accompt of the Fees due for the said Licences to the Sheriff or Collector of the County who is hereby required to Collect the same with the Levies and to make payment thereof to the Governour and others to whom they are due And any Clerk making default in any of the premises to forfeit One thousand pounds of Tobacco to the use of the Governour The Fees for the Licences to be as followeth viz. to the Governour Two hundred pounds of Tobacco or Twenty shillings sterling to the Clerk for writing the Bond Licence Certificate and returning the same to the Office Fifty pounds of Tobacco and to the Secretary for Recording the same in the Office as aforesaid Forty pounds of Tobacco and the Minister Marrying with a Licence Two hundred pounds of Tobacco or Twenty shillings sterling if by Banes Fifty pounds of Tobacco or five shillings XVIII Provision for a Colledge WHereas the want of able and faithful Ministers in this Countrey deprives us of those great blessings and mercies that alwayes attend upon the Service of God which want by reason of our great distance from our Native Countrey cannot in probability be alwayes supplyed from hence Be it enacted That for the advance of Learning Education of Youth Supply of the Ministry and Promotion of Piety there be Land taken up or purchased for a Colledge and Free School and that there be with as much speed as may be convenient housing Erected thereon for entertainment of Students and Scholars Whereas an Antient practice of this Countrey hath contrary to Law and Reason ignorantly vested the Lands of persons intestate in the hands of Administrators of whom divers persons
have purchased and hold their Lands by no other Titles then such sales which can be of no validity against the claim of the King whom no time can prescribe and to whom if an Heir appear not the Land must of necessity devolve And if the King should at any time give express Order to an Escheater to make inquiry into the Titles we hold by the said Escheater cannot by vertue of his Office but find all such Lands for the King which we Francis Morison and Thomas Ludwell who are at present intrusted by his Majesties Treasurer to make composition for all Lands so Escheated to his Majesty taking into our serious consideration and out of our tender care of many poor men who by the loss of Lands thus perhaps dearly purchased and honestly payd for and out of our sense of the many inconveniences and great damages would fall upon them by being ousted out of their Possessions by the severity of a too rigorous Escheator and that on the other side we might not seem to debarr his Majesty of his just Rights we have thought it convenient to propose a certain Rule for Compositions for all Lands held by any pretended Right two years by which while the power is in our hands we shall proceed and if the Assembly think it a favour we shall joyn with them making it our request to Major Norwood his Majesties Treasurer to get his Majesty to confine them that no succeeding Escheator may at his pleasure rigorously exceed these our moderate and reasonable Demands 1. We concede that any person having been two years in possession of any Land that ought to have been vested in his Majesty by Escheat shall pay for his Composition but one Hundred Pounds of Tobacco for every fifty acres besides the Fees for finding the Office and drawing the Conveyance 2. That every person having been so in possession two years as aforesaid shall have Eight Months time to petition for and make their Composition but if they defer it longer and another sue for it and obtain it they can impute the blame to nothing but their own neglect 3. That where there is a Widdow she shall enjoy the Land of her Husband during her life and be admitted in the first place to make her Composition for the Fee-simple in case she signifie her desire within the time aforesaid That all Lands escheated before the two years 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 Courts WHereas 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 those Courts in the year as also because they are not equally distributed in the Quarters of the Year September and November being too neer and March too long from them to admit of that Title Be it therefore enacted That the said Courts be no longer stiled quarter-Quarter-Courts but that they be henceforth called general-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 viz. General Courts to begin and continue That March-Court begin the Twentieth of March if it be not Saturday or Sunday and then the Munday following and hold eighteen dayes 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 Munday following and hold Twelve dayes not accompting Sundayes in the number That November-Court begin the Twentieth of November if it be not Saturday or Sunday and then to begin the Munday after and hold twelve dayes not accounting Sundayes in the number That Adjournments of the said Courts be alwayes 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 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 Raign of our Soveraign Lord Charles the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith c. and in the year of our Lord God _____ present Insert the name of the Governour and Council 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 Cryer make Proclamation saying All manner of persons that have any thing to do at this Court draw neer 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 nonsuite 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 For proceedings in the said Courts Warrants to be issued by the Clerks XX. Actions to be Proportioned BE it Enacted 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 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
Law appointed Provided alwayes that it shall and may be lawful for the dispatch of Merchants and other Sea-affairs 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 Tryals by Juryes WHereas the Seventieth Act made in 1642. and continued by the Ninety-first Act 1657. seems to restrain both Plaintiff and Defendant from Trial by Juryes unless the Plaintiff 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 Tryal of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges for which cause and that we may in all our Tryals 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-County-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 whenever a Jury is sent our an Officer sworn to that purpose shall keep them from meat and drink until they have agreed on their Verdict XXXVIII Grand-Juryes to present Offenders WHereas the several Laws constituted and made for the redress of several Misdemeanors and Offences either through the remisness 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 wholly useless and ineffectual Be it therefore enacted and confirmed That Juryes of Inquest be impanelled and sworn in every County to enquire of the breach of all Penal Laws in their several Counties and that they make presentment thereof to the several County-Courts twice yearly viz. in April-Court and December-Court 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 XXXXIX Pillories to be erected at each Court WHereas many Offences are punishable by the Laws of England and of this Country with Corporal Punishments 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 a Whipping-Post neer 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 Commonwealths-men perverted to their private uses For prevention whereof for the future 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 accrewed 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 errour 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 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 Judgement 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 third of November 1647. and continued by the Assembly held there the Third of March 1657. for prevention of escapes for Prisoners hath enacted That sufficient 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 several Counties not building such Prisons lyable to the Sheriff for the Escape of any Person committed to his Custody which Acts have for want of a Penalty never been put in Execution for want whereof Felons may escape and Debtors for want of due Restraint delay alwayes 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 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-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
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 Enacted That the Sheriff make return of the Execution to that Clerk of the County that granted it by him to be entred upon Record under the Order it was issued upon that so the Satisfaction aswell as the Judgment may be authentiquely proved if occasion require Whereas the Act for the Relief of poor Prisoners hath 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 have 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 BE it Enacted That neither Sheriff Commissioner Under-Sheriff or Clerk of any Court within this Colony 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 to the use of the County Provided alwayes 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 Counsellor Commissioner c. so pleading the poor man's cause not to give Judgment therein Provided also That any Commissioner-Sheriff Under-Sheriff or Clerk acting as General Attorney for any persons absent out of the Countrey or County and Negotiating their affairs and so lyable 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 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 Sundayes 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 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 publique LI. Publique Levies to be first paid BE it also Enacted That no Sheriff shall where he receives Tobacco of any person indebted for his Levyes 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 others use and force the Countrey-Creditour to accept of the distress or stay for his debt But that all debts due to the Publique be first paid and the Tobacco in kind paid to the Creditour of the Publique 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 Publique 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 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 Treasurer or his Deputy shall give him order to receive in his County and that the said Quit-Rents be paid as the Levies in the direct specie of Tobacco or Money and that no particular Fees or Debts be preferred before them under like penalty as for the payment of other Debts before the Levies LIII List of Tithables how to be taken WHereas the fraud of Sheriffs in bringing in the Lists of the Tithables hath very much augmented the Taxes of the Countrey Be it Enacted That for the better discovery of the number of Tithables each County shall be divided into several Precincts in each of which a Commissioner shall be by the Court appointed to take a List of the Tithables to be brought or sent in under the hand of the Master of every Family of the names and number of Tithables he hath in his Family and if he bring in a false List the said Master shall pay treble duties for every person so by him concealed And be it further Enacted That the said Commissioner give publique notice in Writing to be read and set up at the dore of the Church or Chappel of Ease of the Precincts he is to take accompt of and of the day he will receive them Provided the day be before the Tenth of June at farthest at which time every person neglecting to bring in his List as aforesaid shall be adjudged a Concealer and pay accordingly and every Commissioner failing in giving notice neglecting to take the List conniving at others concealment or not giving a true List of his own Tithables shall also pay treble duties as aforesaid And be it further Enacted That every Commissioner in August-Court following shall deliver the Accompt so taken by him and the Subscriptions of the several Masters of Families to the Clerk of the County-Court who shall return an exact List of
Child Administers the Surplusage after Debts paid and the funeral charge according to the quality of the person allowed for shall be equally divided between the Widdow and Children viz. one full third of the personal Estate to the Widdow and the other two Thirds among the Children if any of which dye before it come to age his proportion to be devided among the surviving Children And whereas It hath been the frequent evil practice of Administrators assoon as they have obtained an Order to Administer to Act as Administrators by vertue of that Order without giving security or taking out their Commissions so that the Estate being imbezelled away no Accompt can be given thereof Be it therefore Enacted That who ever pretends to Administer upon any Estate shall bring to the Court sufficient security before the Order shall be granted and an Order thus obtained legally by giving such security to be truly accomptable to bring in a true Inventory and to perform such things as the Administrators by Law are enjoyned shall not at any time after be reversed unless the party that obtained the same dye before he hath given an Accompt of the Estate and obtained his Quietus In which case the Court is impowred to grant the Administration of that Estate so not accompted for to some other person who may by vertue thereof call his Heirs Executors or Administrators of the former Administrators to Accompt who shall pay out of the said deceased Admistrators Estate all such debts as shall be found due to the Estate he Administred upon in the first place LXVI Concerning Orphans COncerning Orphans Estates be it enacted That all Wills and Testaments be firm and inviolable unless the Executors or Overseers do refuse to execute the Trust reposed in them by the Testator In which case the Court may appoint others to Act according to the Will but if the said Will be so made that no person will undertake the managing of the Estate or Education of the Orphans according to the Tenour of it then that the Estate by the appointment of the Court shall be managed according to the Rules set down for the ordering the estate of persons Intestate as followeth First That no Accompt be allowed for Dyet Clothes Physick or else against any Orphans Estate but they to be Educated and provided for by the interest of the Estate and Increase of their Stock according to the Proportion of their Estates if it will bear it But if the Estate be so mean and inconsiderable that it will not extend to a free Education Then it is Enacted That such Orphans shall be bound Apprentices to some Handi-craft Trade until one and Twenty years of age except some Kinsman or Relation will maintain them for the Interest of the small Estate they have without diminution of the principal which whether great or small alwayes to be delivered to the Orphan at the years appointed by Law That all Cattel Horses and Sheep be returned in kind by the Guardian according to Age and Number when as he received them 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 carelesness 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 Accompts 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 Accompt to the next Orphans Court succeeding the publication thereof That all Place and Money be preserved and delivered in kind according to the weight and quantity that other Houshold-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 Countrey 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 enquire 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 Guardians 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 then ten in the hundred the usual allowance of Merchants to their Factors and Attorneys That Thirty pounds of Tobacco per day be allowed to each Apprizet for Apprizement of any Estate if they will take it and no more 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 al 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 Guards or Overseers of any Orphan do not lett set or Farm out any Land belonging to any Orphan for longer Tearm 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 and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all Wast 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 Governor and Council or produce Certificates from the County-Courts to the Secretarie's 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 That no Pattent 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 Governor and Council and an Order obtained from them for the Pattenting thereof neither shall the first Petitioner for any
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-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