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
all Masters of Ships shall be obliged hereby to provide four Months allowance of Victuals for Passengers at their setting forth from the Downs or other Ports of England and to give the Passengers sufficient allowance of Dyet all the Voyage and Commanders of Ships respectively to take care that poor Servants do not want bedding in the Voyage in which particulars aforesaid if any shall offend they shall be lyable to grievous censure here according to the merit of the offence CXXVII Concerning Passes BE it also Enacted Confirmed That no Master of any Ship Vessel Boat or Barque shall Transport any person or persons out of this Colony except the said person or persons produce a Pass under the hand of the Secretary or such whom he shall depute or appoint upon the penalty to pay all such debts as any such person shal stand in debted to any person within this Colony at his or their departure and pay a Thousand Pounds of Tobacco to the Secretary for his contempt And it is further Enacted That before any such Pass shall be signed to any person he or they shall bring a Certificate from the Monethly Court where he or they reside that he hath set up his Name upon a Court-day ten days at least before his departure at the County-Court where he resides or otherwise shall put in sufficient security for the payment of all Debts that are due or owing from them to any person within the Countrey or his Name to be published and set up at the Church-dore two Sundayes in each Parish in the County where it is presumed all persons will be and the Readers Testimonial to the Clerk shall be sufficient Warrant for him to grant a Certificate And the Secretary and security after a year and a day to be discharged CXXVIII Imposition of two Shillings per Hogs-head THis present Grand Assembly of Virginia taking into serious Consideration the burthensom and unequal way of laying Taxes by the Pole and how they may with most honor and ease support the Government in well paying his Majesties Officers and as means perhaps of introducing money and an Encouragement to men to to produce other useful and beneficial commodities have thought fit to impose two shillings per Hogshead upon every Hogshead of Tobacco that shall be shipped on board of any Ship or other Vessel within Virginia to be exported and the Collectors of the said Imposition to dispose of no part thereof but by Order of the Grand Assembly only Be it therefore Ordained and Enacted by this present Grand Assembly and by the Authority thereof And it is hereby Enacted That the Master and Masters of all and every Ship and Vessel coming to Trade in Virginia shall upon Demand made by the Collector or Collectors who shall by Order of Assembly be impowred to receive the said Imposition from every Ship or Vessel enter into security to pay such Collector or Collectors two shillings for every Hogshead of Tobacco that shall upon any Accompt whatsoever be shipped on board his Ship or Vessel to be exported the said payment either to be made in Money Bills of Exchange or Goods at thirty per cent advance upon the price of such Goods at the first penny and all fraughters to be accomptable to the said Masters for the Tobacco by them shipped Be it also Ordained and Enacted by the Authority aforesaid for the Discovery of the Number of Hogsheads each Ship or Vessel contains that the Master of such Ship or Vessel shall deliver his Boat-Swains Book to the perusal of the Collector And make Oath of the truth of the same so farr as he knoweth And that the Mate's Boat-Swain or any other Sea-man be sworn if the Collectors see cause to discover the truth of the said fraught And if any Master of Ship or Vessel shall wittingly or willingly conceal any part of his fraught from the Collector and shall thereof be lawfully convicted then the said Master shall forfeit for every such offence the sum of One hundred pounds sterling one Moiety thereof to go to the Informer and the other to the Publique and be recovered by Action of Debt Bill or Plaint in General-Court or County-Court by vertue of this Act against which no Essoyn Wager of Law or Protection to be allowed to any person so offending Be it further Enacted and Ordained That if any Masters shall pass Bills of Exchange for the said Imposition that then the Collectors are hereby required to take sufficient caution of the said Master for the true and good payment of the same It is hereby also Ordained and Enacted That the Collectors of the several Rivers and Places in Virginia for the receiving of the said two shillings per Hogshead be appointed and confirmed by this present Grand Assembly and give sufficient security and caution for the due execution of the trust hereby reposed in them and to be accomptable to the next Assembly according to the tenor of this Act. And the said Collectors to be allowed ten per cent Salary for collecting the said Imposition Provided alwayes and it is hereby Ordained and Enacted by the Authority aforesaid That this present Act of Assembly be and remain in force CXXIX Every Inhabitant in Northumherland and Westmerland-Counties to give an Accompt how many Hogsheads of Tobacco they made and to whom sold WHereas the Imposition of Two shillings per Hogshead cannot conveniently be levyed upon Masters of Ships that come into Potomake River by reason of their Anchoring in the Dominions of the Lord Baltemore whence they send their Sloopes and Boats to fetch the Tobacco made in this Countrey without paying the said Imposition Be it therefore Enacted That every Planter inhabiting in the Counties of Northumberland and Westmerland shall certifie into the Collector's Office or unto his Deputies the Number of Hogsheads of Tobacco made by him and his Family and to whom they are sold and shall not suffer any of the said Hogsheads of Tobacco to be carryed out of his House until he receive Certificate from the said Collector that the Imposition of the said Tobacco is paid And if any Planter shall contrary to this Act suffer any of his Tobacco to be carryed aboard any Ship Boat or Sloop without such Certificate then the said Planter to be fined Twenty shillings for every Hogshead so carryed away without Certificate as aforesaid Whereas the like inconveniencies are incident to Northampton-County and lower Norfolk in recovering the Impositions of Two and Ten shillings per Hogshead as to the River of Potomake by reason of the Transportation of much of the Tobacco made in those places in Sloops to Mary-land Be it Enacted That the Provinsional Act made the last Assembly for payment of those duties in Potomake-River extend and be in force in the said Counties of Lower-Norfolk and Northampton and that the Collectors appoint certain persons to take Accompt of the Planters according to the Tenor of this Act. CXXX Payment of Fort-Duties in
Accomake c. WHereas there is an Act of the last Assembly providing for the securing of the payment of the Two shillings per Hogshead due to the Countrey but no Provision made therein for the securing the payment of fort-Fort-Duties of Fotomake Accomake and Lyn-haven from whence they fetch their Tobacco in Sloopes Be it Enacted That the said Act shall extend as well to cause the Planters loading it to reserve and make payment of three pence per Hogshead for fort-Fort-Duties of the said Tobacco as for the payment of the Two shillings per Hogshead CXXXI Ten Shillings per Hogshead WHereas the prudence of all Nations hath provided for the defraying the Publique necessary charges of the Countrey rather by laying an Imposition upon the Adventurers for the Staple-Commodities of the Country by the Exportation of which the great advantage accrews than by Taxing the persons of the Inhabitants this present Grand Assembly endeavouring as much as in them lies to ease the burthen of the people and taking into consideration the great benefit that accrews to other Countreys by the Customs arising from our Commodity Tobacco and that Virginia whose partilar Staple it is hath from it nor from the Adventurers hither no Publique Advantage We have thought it necessary and convenient and accordingly have Enacted and confirmed that all Masters Marchants of Ships and Marriners trading to Virginia and not bound by Charter-Party to return and discharge in any of the English Dominions in Europe shall pay for every Hogshead of Tobacco they shall load aboard any Ship Barque or other Vessel arriving here after the first of August next and not bound as aforesaid ten shillings sterling either in Money or good Bills of Exchange with good caution or in good valuable Commodities at Twenty five per cent advance Provided alwayes That all Adventurers Inhabitants of this Countrey trading in bottoms belonging to Virginia Owners shall be free from the said Imposition It tending to the Advancement of Trade here the Encouragements of the Inhabitants to purchase Vessels and of Marriners to make this their place of Residence CXXXII Castle-Duties to be paid WHereas the Castle-Duties granted by his Majesty to Colonel Francis Morrison Captain of the Fort at Point-Comfort are rendred of no value by the charge of Boat and Hands going to Collect them and the inconsiderableness of the Commodities they are paid in being commonly the reffuse of their Cargoe Be it therefore Enacted That all Masters of Ships and other Vessels being thereunto required by the Officer appointed by the said Colonel Morison shall give in a true burthen of their Ships or Vessels and the lists of their Passengers at such convenient places and to such persons as the said Colonel Morrison shall in each River appoint upon Oath to be Administred by his said Collector or Officer if a Commissioner or else by any one or two Commissioners And if any Master shall make false Entry either of his burthen or list of Passengers then he shall upon proof thereof made pay treble duties for the number of passengers or quantity of Tuns concealed the same to be recovered out of the Estate of the Master so offending And the like penalty upon all such Masters as shall without coming into harbour fetch away their loading in Sloops of Boats And what Master soever shall not pay his Duties in kind being half a pound of Powder and three pounds of leaden shot per Tun and six pence per Poll for every person imported not being a Marriner that then he shall pay in lieu thereof one shilling per Tun and six pence per Poll either in Money or Goods as they cost at the first penny And that the Collectors thereof transmit the said Entries of Ships and Passengers under the hand of the said Masters to the said Colonel Morrison to be by him Recorded in his Fort-Book as formerly hath been accustomed CXXXIII Ships to come up to James-City WHereas the Kings Majesties frequent Instructions hath commanded that all Masters of Ships arriving in this Countrey should before they break Bulk bring up their Ships to James-City which by reason of the seating of the Inhabitants in divers Rivers cannot without much prejudice to the said Masters extend to all parties of the Countrey yet that his Majesties commands may as much as in us lyeth be effectually obeyed We the Governour Councel and Burgesses of this Grand Assembly have thought fit to Enact And be it Enacted by the Authority aforesaid That all Ships whatsoever ariving in James-River do accordingly with the first fair wind and weather after their arrival bring up their Ships to James-City and there make Entry of their Ships take out Licence to Trade and perform such other things as they shall be there certified the Laws of the Countrey do enjoyn them CXXXIV Priviledg of Virginia-Owners WHereas some doubts have arisen about the priviledge of Virginia-owners and their Exemption from the payment of the Duties of two and ten shillings per Hogshead Be it Enacted and Declared That the said Priviledge is granted only to the Owners and Adventurers in such Vessels as solely and wholly belong to the Inhabitants of this Countrey and not to such persons as are only Partners of Vessels whose othet partners dwell in other Countries and the Governor be Judge of such Proprieties and certifie the same to the Collectors CXXXV A Publike Notary appointed WHereas for want of a Publique Notary the Certificates and other Instruments to be sent out of this Countrey have not that credit given them in forreign parts as duly they ought Be it therefore Enacted that Henry Randolph Clerk of the Assembly be authorized and sworn a Publique Notary for this Countrey To whose attestation at home and abroad we desire all credence may be given CXXXVI Acts concerning the Indians WHereas the mutual Discontents Complaints Jealousies and Fears of English and Indians proceed chiefly from the violent Intrusions of divers English made into their Lands forcing the Indians by way of Revenge to kill the Cattel and Hogs of the English and by that means Injuries being done on both sides Reports and Rumours are spread of the Hostile Intentions of each to others tending infinitely to the disturbance of the Peace of His Majestie 's Country And whereas the Laws prohibiting the Purchase of any Indian's Lands unless acknowledged at General Courts or Assemblies by reason it is as easie to affright them to a publick as well as a private acknowledgement are made fruitless and ineffectuall corrupt Interpreters often adding to this mischief by rendring them willing to surrender when indeed they intended to have received a Confirmation of their own Rights and a Redress of their wrongs which mischiefs had they continued must needs have involved the Country into an inevitable and destructive Warr. For Remedy of which Inconveniences and that for the future a sure equitable peace may be established the Governour Council and Burgesses out of their tender care of Justice and the