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
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
granted in open Court at the times and places by Law appointed Provided always That it shall and may be lawful for the d spatch of Merchants and other Sea affairs A Proviso made which cannot without much prejudice and detriment to the said Merchants or Masters be deferred till the Courts in course should come it is Enacted That it shall be lawful for any Justice of the Quorum by his Warrant directed to the Sheriff to call a particular Court and to summon any person or persons before them XXXVII Trials by Juries WHereas the Seventieth Act made in 1642 and continued by the Ninety first Act 1657 seems to restrain both Plantiff and Defendant from trial by Juries unless the Plantiff in his Declaration or the Defendant upon entry of his Appearance do desire the same which restriction is quite contrary to the Law of England by which the trial of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges for which causes and that we may in all our Trials come as near as may be to the Laws of England by which we are to be governed as our present Capacities will admit Be it Enacted That every morning the Court sits whether the General or County Courts Juries appointed as well in County Courts as in the General Courts the Sheriff of the County in which it sits shall impannel a Jury to attend the Court that day to try such Causes as the Court shall find proper to be referred to them and that when ever a Jury is sent out an Officer sworn to that purpose shall keep them from Meat and Drink until they have agreed on their Verdict XXXVIII Grand Juries to present Offenders WHereas the several Laws instituted and made for the redress of several Misdemeanors and Offences either through the remissness of the County Courts or the Justices that keep the same or else through the Defect of the Laws in not appointing some peculiar Officers to look narrowly after the Offenders and to make presentment thereof to the said Justices at their County Courts by which means the Laws themselves are slighted and contemned and become wholely useless and ineffectual Be it therefore Enacted and Confirmed That Juries of Inquest be Impanneled and Sworn in every County to enquire of breach of all Penal Laws in their several Counties and that they make Presentment thereof to the General County Courts twice yearly Viz. in April Court and December Court Grand Juries shall in each County twice a year make Presentments when the Justices are to receive them and find them according to Law and to take for Evidence the Presentment of the Jury if made upon the certain knowledge of any of them or otherwise the Parties that inform the Jury to give their Evidence to the next Justice in presence of the Party presented which Deposition being produced by the Jury with their Presentment shall be sufficient ground for the Court to pass Judgment against the Offenders XXXIX Pillories to be Erected at each Court WHereas many Offences are punishable by the Laws of England and of this Countrey with Corporal Punishments A Pillory a Whipping Post and a Pair of Stocks c. to be set up in every County for executing whereof no such Provision hath been made as the said Laws require Be it therefore Enacted That in every County the Court cause to be set up a Pillory a pair of Stocks and a Whipping-Post near the Court House and a Ducking-Stool in such place as they shall think convenient that such Offenders as by the Laws are to suffer by any of them may be punished according to their Demerits and the Court not causing the said Pillory Whipping-Post Stocks and Ducking-stool to be erected within Six Months after the Date of this Act shall be fined Five thousand pounds of Tobacco to the use of the Publick XL. Fines to be disposed of by the Assembly WHereas divers Trespasses against the Publick are punishable by Fines which are by the present Law to be disposed of to the use of the Counties in which the Trespass is committed and yet nothing done for the good of any County as was intended whereby it may be presumed that the said Fines are either not gathered whereby the Trespassers by this lenity and impunity are encouraged to persist in their contempts of the Laws or else the said Fines are by some evil Common-Wealths-men perverted to their private uses for prevention whereof for the future Courts only shall impose and collect Fines Be it Enacted That the Courts shall only lay and collect the Fines and that they cause the Clerk of their respective Courts to keep an Account thereof and to return the Estreatments to the Clerk of the Assembly at James City by the third of the General Court held there in March yearly And it is further Enacted That the said Clerk of the Assembly do annually attend accordingly during the time at the place aforesaid to receive them and at the next Assembly to present them to the Burgesses who are to order the disposal of the said Fines as to them shall seem most necessary for the good and benefit of the several respective Counties wherein they accrued due always proportioning to every County the use of all the Fines which were levied therein XLI Supersedeas by whom and how grantable WHereas the Writ of Supersedeas hath of late been too frequently granted upon slight pretences of Error in the Court thereby not only injuriously delaying Justice and keeping Men from their just Dues but also bringing Calumnies and Aspersions upon the Courts themselves Be it therefore Enacted That no Supersedeas whatsoever shall hereafter be granted No Supersedeas shall be granted but by the Governour and two of the Council but by the Governour and two of the Council nor by them unless the party desiring it make it probably appear to them that there is Error in the Judgment and shall then also give good Security to make good his Plea and if he be cast at the next General Court to pay the Principal with Five and Twenty per Cent. Damages besides Costs XLII Prisons to be built in each County WHereas the first Act of the Assembly held at James City the 3d of November 1647 and continued by the Assembly held there the third of March 1657 for prevention of Escapes for Prisoners hath Enacted That suffiicent Prisons should be built in each County and that an House built after the form of a Virginia House our Abilities not extending to build stronger should be accounted a sufficient Prison and that any person being a Prisoner for Debt or Crime And breaking one of those Prisons should be proceeded against as a Felon and that neither Court Commissioner nor Sheriff should be answerable for such escape and whereas the Sixty first Act of the Assembly held at James City the said Thirteenth of March 1657 makes the
signing Commissions of Dedimus Potestatem Writs of Execution and Attachment by the Governour in causes depending in the General Court is found by experience to be very Burthensome and grievous to Suiters the Burgesses now assembled do pray That it may be enacted and be it enacted by the Governour Council and Burgesses of this present General Assembly and by the Authority thereof that all Writs or Commissions to examine witnesses called Dedimus Potestatem A Dedimus Potestatem may be signed by any Member of the Council at the Request of either of the Parties Plaintiff or Defendant in any cause now depending or which shall or may hereafter depend in the General Court shall and may be issued and signed by any one of the Honourable Council in such Form and according to such Rules and Directions as are by Law already prescribed and laid down and that all writs of Execution and writs of Attachment awarded by any Order or Judgment of the said Court shall and may be issued forth of the Secretaries Office by the Clerk there attending and for that purpose authorized by the Secretary and by him signed without putting the parties to the trouble of attending Writs of Execution and Writs of Attachment how to issue or sending to the Governour for his sign as hath been formerly used and all such writs to be Returnable to the Secretaries Office any former Law Custom or Usage to the contrary notwithstanding VI. An Act Repealing the sixth Act of Assembly of June 1680. about Attorneys FOrasmuch as the sixth Act of Assembly made at James-City the 8th day of June 1680. concerning Attorneys is found inconvenient Be it therefore enacted by the Governour Council and Burgesses of this General Assembly and it is enacted by the Authority aforesaid that the aforesaid Act of Assembly and every clause thereof from henceforth be Repealed and made Void VII An Act Disbanding the present Souldiers in Garrison in the Forts at the Heads of the several Rivers as also for the Raising of other Forces in their stead WHereas the present Garrisons in the several Forts built according to an Act of Assembly held at James-City the 8th day of June 1680. Intituled An Act for Continuation of the several Garrisons and Fortifications at the heads of the four great Rivers are by experience found very burthensom and chargeable to the Country and forasmuch as the apprehensions of Dangers from the Incursions of certain Indian-Enemies induced that Assembly to erect those Forts and place those Garrisons in them are for the most part removed by peace concluded with those Indians then our Enemies the House of Burgesses now assembled do pray that it may be enacted and be it enacted by the Governour Council and Burgesses of this General Assembly and by the authority thereof that the several Forts and Garrisons be dismantled and the Forces Officers and Souldiers therein and in each of them disbanded some time between this and the 30th day of this instant December and that each Officer and Souldier by the time aforesaid do actually deliver up his Horse Arms and Furniture to the Respective Owners of them and forasmuch as it may be dangerous and of evil Consequence to leave the frontiers of the Country and heads of the aforesaid Rivers altogether ungarded it is hereby enacted that twenty men well furnished with Horses and all other Accoutrements be raised and listed in each of the Counties of Henrico New-Kent Rappahannack and Stafford Twenty Men well furnished with Horses shall be raised in each County viz. of Henrico New-Kent Reppahanuack and Stafford of such House-keepers belonging to the said Counties as shall voluntarily offer themselves for this Service and for want of such or so many House-keepers that then the said Number shall be made up of such freemen as shall willingly offer themselves and give security to the Militia-Officers of that County to perform all services and other things as by this Act is enjoyned them but in case such twenty men quallified as aforesaid shall not be found in each of the said Counties then it shall and may be Lawful for the Militia-Officers of the said Counties to impress such and so many men furnished as aforesaid as shall be wanting to compleat the number required by this Act and his Excellency the Governour General or in his absence the Right Honourable the Lieutenant or Deputy Governour is hereby desired to make choice of and commissionate some fit and able Person in each of the aforesaid Counties who is a House-keeper therein to command lead train conduct and exercise the said Twenty souldiers to be raised in the said County of which he shall be appointed and commissionated by his Excellency the Governour General the Lieutenant or Deputy Governour as is aforesaid And it is further enacted That the chief Officers of the Militia in each of the said Respective Counties shall make choice of the most able and fittest person out of such twenty men as to them shall seem most fit and convenient to be Corporal of the said Troop of that County who in the absence of the Captain of the Troop occasioned by sickness or otherwise is to Lead Train Command and Exercise the said Troop or Company of Twenty Men and be it enacted by the Authority aforesaid That the pay of each Officer and Souldier shall be as followeth to the Captain of each Troop finding himself Horse Armes Ammunition and Provision eight Thousand pound of Tobacco with Cask out of the Publick Levy for one whole year and so after that Rate for a shorter or longer time The Captain of each such troop consisting of 20 men shall have 8000 l. of Tobacco and Cask per Annum To the Corporal of each Troop Three Thousand Pounds of Tobacco with Cask as aforesaid for one whole year and so after that Rate for a longer or shorter time to each Souldier finding himself Horse Armes Furniture Provision Ammunition and other necessaries as aforesaid two thousand pound of Tobacco in Cask as aforesaid and so after that Rate Corporals and private Souldiers pay for a longer or shorter time And be it enacted by the authority aforesaid that each Captain or in his absence his Corporal shall once every Month Muster Train Exercise Instruct and Discipline the Troop or Souldiers under his Command The said troops shall be trained and Exercised once a Month. on pain to forfeit five hundred pounds of Tobacco in Cask for every time he shall neglect such Muster or Exercise unless occasioned by sickness and that every Captain or in his absence occasioned by sickness his Corporal shall at the least once in every fourteen days Range and Scout And shall once in every 14. dayes range scout about the frontiers of the County for which they serve about the Frontiers of the County for which they serve and in such other places as shall be most likely for the Discovery of the Enemy under pain of forfeiting for