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
A Complete Collection OF ALL THE LAVVS OF VIRGINIA NOW IN FORCE Carefully Copied from the ASSEMBLY RECORDS To which is Annexed an ALPHABETICAL TABLE LONDON Printed by T. J. for J. P. and are to be sold by Tho. Mercer at the Sign of the Half Moon the Corner Shop of the Royal-Exchange in Cornhil To His Excellency FRANCIS LORD HOWARD BARON of EFFINGHAM His MAJESTIES LIEUTENANT and GOVERNOUR GENERAL OF VIRGINIA May it please your Excellency THough I know it a high Presumption in me to affix so great a Name to these Papers yet I likewise very well know how hainous and apparent a Premunire I should incurr against all Equity and Justice and in more particular manner against my bounden Duty to your Lordship to Entitle any other to their Protection or to set up any Foreign Power to be Supream and Paramount to that of your Excellency's over them You my Lord being at this time seated in the great and honourable Station of Governour General under his most Sacred Majesty of that Place which the subject Matter of these Papers particularly relate to My Lord Those many Gracious and Regal Grants and Priviledges which his most Excellent Majesty and Royal Ancestors of ever blessed Memory have from time to time bestowed upon this his Majesties Colony of Virginia since the first Settlement of the English there have given being to these Laws for the better Government thereof it being impossible for any number of Men to be at Peace or to flourish and prosper without good Laws which are the firm Pillars of Government and the strong Bonds of all Humane Society One had as good live in a Desart amongst Savage Beasts as among Men without Law to defend him for Laws are the Hedges on either side the Road which hinders from breaking into other Mens Propriety Laws are every Mans Civil Armour that Guards him from the Gripes of Rapine and all other Outragious Assaults and Insolencies and indeed 't is for this chiefly that Laws are of use amongst us not only to be our Guide but also our Shield The Great and Universal Monarch of the World the Supream Being at first in the very Infancy of Time gave unto Man a Law upon Parole inscribed in his heart that by those inward Dictates he might be guided and bounded in the whole Course and Road of his Life but such has the Pravity of Humane Nature been that this Divine Inscription is in a great measure defaced so that Kings and Princes have found it of absolute necessity to give Literal and Prescripted Laws for the Government and Well-being of Mankind in their respective Places and Societies These Papers being a Collection of the Laws of this Place presume not to Instruct your Excellency who in the fair Volume of your great Mind have all the Laws of Equity and Justice engraven and the vast Universal Idea of whatever can be call'd good in Mankind is there stamp'd But my Lord these Papers which contain Laws and therefore ought to preserve others from Calumny and Censures yet cannot themselves humbly crave your Excellencies Patronage which proves a Sanctuary to all Goodness so well as your Power is a Terror to all Vice The Design of this Collection of Laws is the Good of the Inhabitants of this Place for Laws though Enacted stand in little stead and use till they are promulgated and made known to all persons concerned in the Obedience of them Not my Lord that I accuse all the Inhabitants here with ignorance of their Duty but may it please your Excellency The knowledg of all things that are good the more diffusive the better and I hope my Lord that my honest and good intent herein will lessen and expiate in some measure my presumption in this Dedication to your Excellency Your Illustrious Fore-fathers have been always famous for their constant and exemplary Loyalty to their Prince and some of them have received the Signal Marks of Royal Bounty Your Excellency has eminently and deservedly partaken of both for his most Sacred Majesty whom God grant long to Reign seeing you treading in the same Steps of Loyalty with your Vertuous and Noble Ancestors hath in his Princely Wisdom been pleased to entrust your Lordship with the Weighty and Honourable Employment of Lieutenant and Governour General of VIRGINIA How happy is his Majesty in so Wise and Faithful a Subject and Minister And how happy is your Excellency in serving a King whose Wisdom cannot only discern and justly value but whose Goodness and Power can also Recompence the Merits of a Subject never so great But my Lord I dare not extend my self upon your Excellencies Panegyrick which is an infinite Subject and requires the Pen of the most Skilful Orator I shall therefore content my self to admire with other Men what I cannot comprehend lest I should offend and be injurious to your Excellency by my little and weak Expressions which are far below my thoughts and my thoughts far below your great and high Merits which necessarily forces all Men whose happiness 't is to know your Lordship to aspire and I more than all others to take the liberty to write and stile my self My most Honoured Lord Your Excellencies most Humble most Devoted and most Obedient Servant J. P. A Complete Collection OF THE LAVVS OF VIRGINIA AT A Grand Assembly HELD AT JAMES CITY 23 MARCH 1662. WHEREAS the late unhappy Distractions caused frequent Change in the Government of this Countrey and those produced so many Alterations in the Laws that the people knew not well what to obey nor the Judges what to punish By which means Injustice was hardly to be avoided and the Just Freedom of the People by the uncertainty and licentiousness of the Laws hardly to be preserved This Assembly taking the same into their serious Considerations and gravely weighing the Obligations they are to discharge to God the King and the Countrey have by settling the Laws diligently endeavoured to prevent the like Inconveniencies by causing the whole Body of the Laws to be revived all unnecessary Acts and chiefly such as might keep in memory our forced deviation from His Majesties Obedience to be repealed and expunged and those that are in force to be brought into one Volume And lest any prejudice might arise by the ignorance of the Times from whence those Acts were in force they have added the Dates of every Act to the end that Courts might rightly administer Justice and give Sentence according to Law for any thing happening at any time since any Law was in force And have also endeavoured in all things as near as the Capacity and Constitution of this Countrey would admit to adhere to those excellent and often refined Laws of England to which we profess and acknowledge all Reverence and Obedience And that the Laws made by us are intended by us but as Brief Memorials of that which the Capacity of our Courts is utterly unable to collect out of its vast Volumes though sometimes
and persons inhabiting in this Countrey having no lawful excuse to absent shall upon every Sunday and the four Holy Days hereafter mentioned diligently resort to their Parish Church or Chappel accustomed then and there to abide orderly and soberly during the time of Common-Prayer Preaching or other Service of God upon penalty of being Fined Fifty pounds of Tobacco by the County Court upon presentment made by the Church-Wardens who are to Collect the same with the Parish Levies Provided always That this Act conclude not Quakers or other Recusants who out of Non-conformity to the Church totally absent themselves but that they shall be liable to such Fines and Punishments as by the Statute of 23 of Eliz. are Imposed on them being for every Months absence Twenty pounds Sterling and if they forbear a Twelve-month then to give good security for their Behaviour besides their payment for their Monthly absence according to the Tenor of the said Statute Quakers to be presented as by 23 Eliz. Presentments of Defaulters to be made by the Church-wardens And that all Quakers for Assembling in unlawful Assemblies and Conventicles be fined and pay each of them there taken 200 l. of Tobacco for each time they shall be for such unlawful Meetings presented by the Church-wardens to the County Courts X. January the 30th to be kept a Fast WHereas our late Surrender and Submission to that execrable power that so bloodily massacred the late King Charles the First of ever blessed Memory hath made us by acknowledging them guilty of their Crimes to shew our serious and hearty repentance and detestation of that Barbarous Act Be it Enacted A yearly Fast on the 30th of January That the Thirtieth of January the day the said King was Beheaded be annually solemnized with Fasting and Prayers that our Sorrows may expiate our Crime and our Tears wash away our Guilt XI May 29th to be kept holy SInce God of his Mercy hath been pleased to Restore our late distracted Kingdoms to Peace and Unity And his late distressed Majesty to the Throne of his Royal Ancestors The 29th of May to be Celebrated as an Holy day Be it Enacted That in Testimony of our Thankfulness and Joy the Twenty-Ninth of May the day of his Majesties Birth and happy Restitution be annually Celebrated as an Holy day XII None to be Married but by Ministers nor by them but by Licence or publishing the Banes Marriage to be performed by Ministers only and according to the Laws of England THat no Marriage be solemnized or reputed valid in Law but such as is made by the Minister according to the Laws of England And that no Minister Marry any person without Licence from the Governour of his Deputy or thrice publication of Banes according to the prescription of the Rubrick in the Common-Prayer Book which enjoyns That if the persons to be Married dwell in several Parishes None to be Married without Licence or publication of Banes the Banes must be asked in both Parishes and that the Curate of the one Parish shall not solemnize the Matrimony until he have a Certificate from the Curate of the other Parish that the Banes have been there thrice published and no objection made against the Parties joyning together And if any Minister shall contrary to this Act Marry any persons he shall be Fined Ten thousand pounds of Tobacco The Penalty And any pretended Marriage made by any other then a Minister be reputed Null and the Children born out of such Marriage of the Parents esteemed illegitimate And the Parents suffer such punishment as by the Law prohibiting Fornication ought to be Inflicted XIII Church-wardens to make Presentment THat the Church-wardens shall twice every year Church-wardens shall make Presentments of all Misdemeanors twice in the year viz. In December Court and April Court deliver a true Presentment in Writing of such Misdemeanors as by their Knowledge or by common Fame have been commmitted whilst they have been Church-wardens namely Swearing Prophaning Gods holy Name or Sabbath abusing or contemning his holy Word and Sacraments or absenting themselves from the Exercise thereof Presentments for what As also of those foul and abominable sins of Drunkenness Fornication and Adultery and of all Malicious and Envious Slandering and Backbiting for the better manifestation whereof the said Church-wardens are Impowered 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 Burying of Servants or others privately prohibited WHereas the private Burial of Servants and others Private Burials prohibited give occasion of much Scandal against divers Persons and sometimes not undeservedly of being guilty of their Deaths from which if the person 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 Hogs and other Vermine Places to be set a-part for Publick Burial 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 Publick 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 Suspicion 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 than those so appointed unless such who by their own Appointments in their life time have signified their desire of being interred in any particular place else where XV. Church-wardens to keep the Church in repair and provide Ornaments Churches to be Repaired ANd it is further Enacted That the said Church-wardens take care and be impowered during their Church-wardenship A Great Bible two Common-Prayer-Books a Communion Cloth and other Ornaments to be provided to keep the Church in Repair provide Books and decent Ornaments Viz. a Great Bible two Comon 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 Church-wardens to Collect the Ministers Dues Cause them to be brought to Convenient places and honestly pay them and that of all their
for his Majesties happy Inauguration and for the Deliverances of this Country from the too bloody Massacres nor at the times of General Musters or Election of Burgesses Prison-breakers Felons or Persons under suspicion of Fâ—lony or guiâ—ty of a Riot excepted Provided always That it shall and may be lawful for the Sheriff or any other Officer to apprehend and carry to Prison any person or persons for Riots Felony or Suspicion of Felony or escape out of Prison when under Execution upon any day at any place any thing in this Act to the contrary notwithstanding LIX Reward for killing of Wolves WHereas great Complaint is made of the frequent and many Injuries done by Wolves to the Cattle and Hogs of several Inhabitants of this Country It is therefore Enacted The Reward for k lling of Wolves what to be paid by the County for the Encouragment of those that will make it their business to kill and destroy them that they shall be paid by the County in which they are killed for every Woolf destroyed by Pit Trap or otherwise Two hundred pounds of Tobacco Provided he make Proof before the next Commissioner how the Woolf was killed and bring in his head and take from the said Commissioner a Certificate thereof which being produced to the Court when they are proportioning the Levy shall be sufficient to have the said Reward raised upon the County and to be paid to such persons as it is justly due LX. Commissioners to take Security of Sheriffs BE it also Enacted That the Commissioners of every County shall be answerable to the Publick for all Levies laid upon their County by Act of Assembly and for the Sheriffs performance of his place and in regard thereof are hereby Impowered before the admission of any Sheriff into his office The Sheriff shall give security to the County Commissioners for the faithful discharge of his Office to take such Security of him as they shall think fit and sufficient to save themselves harmless for the receiving and discharging all Publick Duties whether Quit-Rents Levies or Officers Fees committed to his Charge or Collection and for the due performance of his Office Provided That no Commissioner shall be lyable but such as were of the Commission when the defect was made LXI Judgment before Commissioners BE it Enacted Acknowledgment of a Debt before Two Commissioners shall be accounted in the nature of a Judgment and Execution shall issue in case of Non-payment That the voluntary Confession and Acknowledgment of a Debt by the Debtor under his Hand and Seal before two Commissioners of which one of the Quorum shall be accounted in Law in the nature of a Judgment the said Commissioners attesting the same under their Hands and so certifying it to the Clerk of the County Court to enter it upon Record upon which Writing so Acknowledged Attested and Recorded Execution shall issue in case the Debt be not paid as if Judgment had been granted for the same in open Court Provided That if no Execution issue within a Year after such acknowledgment then a Scire Facias shall issue before any Writ of Execution shall issue forth LXII Persons removing into the Bay FOR avoiding of Creditors charges and troubles in recovering their Debts by reason of divers Persons removing themselves from the Places where they contracted their Debts into remote Counties Be it Enacted That no Person whatsoever No Person shall remove out of the County where he dwells without setting up his Name on the Church or Chappel door three Sundays with his intent to remove and whither shall remove out of the County where he dwells unless he first set up his Name at the Door of the Parish Church or Chappel where he dwells three Sundays together and in the same express his intent of leaving the County and certifie the Place he is about to remove to and take Certificate thereof from the Minister or Reader of the said Church or Chappel and the Church-wardens of the Parish to the Clerk of the County Court who shall grant him thereupon a Licence to depart Provided always That if the said Person so removing pay not his Debts contracted before his removing according to the tenor of the specialties by which they are due it shall be lawful for any of his Creditors by a Warrant from the Secretaries Office to bring the Debtor personally before the Governour or any of the Council for what value soever the Debt be of and there put in sufficient security for performance of his Obligation according to the tenor thereof in case the day of payment be not past any restriction in any other Act to the contrary notwithstanding and then to take out Execution against his Body or Estate for satisfaction of the said Debt Cattle shall not be removed out of the County without notice first given to Four of the Neighbourhood And be it further Enacted That if any Person or Persons shall before or after Certificate obtained as aforesaid remove or transport any Cattle out of the County he dwelled in without notice given to Four of the nearest Inhabitants who are hereby required to take special notice of the Ear-Mark and Colour of the Cattle to be removed and make a List of them and their Marks and carry the same subscribed by the said Viewers to the Clerk of the County Court to be Recorded he shall upon lawful Conviction forfeit for every Beast transported contrary to the tenor of this Act No Merchant or Mariner shall transport any person out of the Countrey without Certificate One thousand Pounds of Tobacco one half to the Publick and the other half to him that shall make the complaint against the Party so offending And if any Merchant Mariner or any other Person whatsoever shall transport any Person or Persons out of his County without Certificate as aforesaid the said Merchant Mariner or other Person so offending shall be liable to the payment of all the Debts and Engagements of the Party transported being due at the time of his removal LXIII English VVeights and Measures WHereas daily Experience sheweth that much fraud and deceit is practised in this Collony by false Weights and Measures for prevention thereof English Weights and Measures shall be used in this Collony Be it Enacted That no Inhabitant nor Trader hither shall buy or sell or otherwise make use of in Trading any other Weights or Measures than are used and made according to the Statute of in that case provided and for discovery of abuses Be it further Enacted Every County shall be provided with Weights and Measures from England That the Commissioners of every County do provide at the charge of the County sealed Weights of Half hundreds Quarterns Half Quarterns Seven Pounds Four Pounds Two Pounds One Pound Measures of Ell and Yard of Bushel Half Bushel Peck and Gallon of Winchester Measure Gallon Pottle Quart Pint of Wine Measure out of England and
a sick Servant to a hazard of the recovery than put themselves to the certain charge of a rigorous though unskilful Physician whose demands for the most part exceed the purchase of the Patient many other poor people also being forced to give themselves over to a lingring Disease rather than ruin themselves by endeavouring to procure an uncertain Remedy for redress thereof for the future Be it Enacted That it shall be lawful for any person or persons conceiving the Account of the Physician or Chirurgeon unreasonable to Arrest the said Physician or Chirurgeon to the General or County Court Appeal to the General or County Courts when Physicicians or Chirurgeons are unreasonable in their Demands where the Physician or Chirurgeon shall declare upon his Oath the true Value Cost and Quantity of the Drugs administred for which the Court shall grant Order against the Plantiff with Fifty per Cent. advance and such consideration for his Care Visits and Attendance as they shall judge he hath deserved and if it shall appear by Evidence that the said Physician or Chirurgeon hath neglected his Patient while he was under Cure the Court shall censure him to pay so much as they in their discretion shall think reasonable XCIII Chirurgeons Accounts Pleadable after decease of the Party WHereas by Act of many Assemblies no Accounts are Pleadable against dead mens Estates whereby many Scruples have been made about the Accounts of Physicians and Chirurgeons who cannot possibly take Bill Be it therefore Enacted That Physicians and Chirurgeons Accounts shall be Pleadable and Recoverable for means administred and pains taken in the time of Sickness whereof the Party dies and where the patient recovers Six Months after such Recovery and no longer XCIV Discounts to be made in Courts BE it Enacted For the avoiding many causeless Suits in Law that where any Suit shall be commenced in any Court for a Debt that if the Defendant hath either Bill Bond or Account of the Plantiffs wherein he proves the Plantiff Debtor such Debt of the Plaintiff shall be discounted out of the Debt he claimeth of the Defendant and Judgement shall be given for no more than the Ballance of the Debt will amount to consideration being always made of the times their several Debts have been due and accordingly Allowance made for the time and because it many times happens that the Defendants in such cases do procure Bill or Accounts of the Plaintiffs from other men which he perhaps can discount with those to whom he passed such Speciality or Account It is therefore Enacted That no Bill or Account that being assigned over shall by the Assignee be pleadable against the Debtor in such Bill or Account unless the Assignee can prove that he gave the Debtor notice before his acceptance of the Assignment and that the Debtor at that time pretended to no discount against it XCV Accounts against Dead Mens Estates WHereas too sad Experience hath shewed that Accounts against the Estates of persons deceased have often unjustly devoured the Estates and brought the Wives and Children to Poverty and Ruin and whereas as well the Laws of England as of this Country permit not any thing to be Pleadable against any person that cannot wage his Law which Executors and Administrators are utterly uncapable of Be it therefore Enacted That no Book Debts or Accounts shall be henceforth pleadable against the Estate of any person deceased nor against any living if the said Person shall upon his Oath deny the same to be due unless they be such Accounts as by particular Acts of the Assembly as Officers Fees Levies and Chirurgeons Accounts are Pleadable neither shall any Man be put to his Oath upon an Ordinary Keepers Account Debts due to Ordinary Keepers but the said Ordinary Keeper shall take the hand of any person calling for any Drink or Provision to his Book or else his Bill or otherwise his Debt shall not be Pleadable XCVI Ballancing Accounts of deceased persons AND whereas divers Men being indebted to others upon Account may be induced to deliver Goods to them or their Assigns in Ballance yet take no Receipt which Account upon the death of either party may be brought by his Executors or Administrators against the Survivor of which he cannot upon his Oath deny the Receipt yet that Account though justly ballanced before is often recovered by this Act prohibiting Accounts against Dead Mens Estates yet leaving liberty to their Executors or Administrators to sue for an Acount due to the Estate of the person deceased Be it therefore Enacted Accounts against a dead mans Estate shall be admitted in Discount That Accounts against a Dead Mans Estate being sufficiently proved shall be admitted in discount of an Account due to such Dead Mans Estate but if the Account brought against the Estate exceed that due to the Estate the Survivor for the overplus shall be dismissed without day Provided also That where the Party charged as Debtor to any one shall refuse upon his Oath to deny the Account brought against him except an Ordinary Keepers which it is impossible to keep in Memory or any part thereof the Court shall take the Account to be due as by confession and shall give Judgment for so much thereof as he shall not deny as aforesaid XCVII Ordinary Keepers how to Sell. WHereas continual Complaints are made of the Exaction of Ordinary Keepers and others in the Rate and Measures of Strong Drink by them retailed and sold Be it Enacted That no Person after the First of March One thousand six hundred sixty and three shall sell or vend by retail any Wine Beer or other Strong Drink of what sort soever by any Measures but English Sealed Measures of Pints Quarts Pottles or Gallons and that every one that now doth Ordinary Keepers shall sell by English Measures or hereafter shall keep any Ordinary shall by the said first of March 1663 provide such Measures to sell by in his House and in case he fail shall be put down from keeping any Ordinary and fined Five thousand Pounds of Tobacco to the use of the publick Provided always That it shall be lawful for them to sell English Strong Waters coming over in Cases by the Bottle in the same Bottles they bought them And for preventing many Disorders and Riots in Ordinaries and other places where Drink is retailed Be it Enacted None to retail Drink but such as have Licences That no person or persons whatsoever shall in their Houses retail any Drink but such as shall obtain a Licence from the Commissioner of the County where he lives signed by the first in Commission of that Court by giving Bond according to the Laws of England and further obliging himself to sell at the rates set by the Commissioners and to pay annually to the Governour Three hundred and fifty Pounds of Tobacco and Cask for his Licence XCVIII Servants how long to Serve VVHereas the Thirteenth Act 1659 doth Enact
Provisions goods or Merchandize whatsoever without sufficient Warrant and that such Warrant be shewed to such Person from whom they are about to impress such Sloops Boats c. and that whosoever shall by vertue of a Legal Warrant impress any Sloop-Boat Shallop or Vessel shall thereby have power to cause two men of the ablest of the Neighbourhood to view and appraise such Vessel in the best of their Judgment Things Impressed shall be appraised by two men of the Neighborhood to the full vallue and also to ascertain the vallue of the hire thereof either by the day or by the Month and that Instruments or Writings be drawn intimating the vallue and also the price of the hire by the day or by the Month of which a Duplicate to be drawn the one of which to remain with the appraisers and the other part with the Owner or Owners of such Sloop-Boat c. and such Owner to bring such Instrument or Writing to the next County-court where if such Sloop Boat c. were imprest for the use of that County then to be paid out of the County Levy according to the Tenor of the Writing or Instrument but if the same were impressed for the use of the Publick then the County-court is to return Certificate of such writing or Instrument to the next Assembly where Satisfaction shall be made according to the Tenor of the said writing or Instrument but if it shall happen that such Sloop Boat c. shall be cast away or lost in the Service that then the Owner of such Sloop Boat Vessel Horses c. shall be at his choice whether he will have the vallue according to appraisement And the wages for the hire thereof ascertained or the wages ascertained in the writing which the publick or County must see punctually paid and if it shall happen that the publick or County shall have occasion to impress Provisions of what Nature or kind soever the impressor is likewise impowered to cause two men of the ablest of the Neighbourhood to appraise the same and return a note Certifying the quantity and price to the next County-court where if imprest for the Counties use to be paid out of the County Levy and if for the publick use the County-court to return an account thereof to the next Assembly where full Satisfaction shall be made according to the appraisement and if the County or Publick shall impress any man that he be paid if betwixt the tenth of September and the tenth of March Wages allowed men impressed for the County or publick Service ten pounds of Tobacco per day and if betwixt the tenth of March and the tenth of September fifteen pounds of Tobacco per day for the first ten days and if he shall be continued in such Imployment more then ten days at a time then for all such time as he shall serve above ten days between September and March after the rate of two hundred pounds of Tobacco per Month and betwixt March and September after the rate of three hundred pound of Tobacco per Month and if any Horse or Horses be imprest by the publick or County Rates allowed for Horses impressed the Owner or Owners of such Horses shall receive fifteen pounds of Tobacco per day for the first Twenty days and if he be continued longer then twenty days then for all the time he shall be imployed over and above the twenty dayes after the rate of ten pounds of Tobacco per day and before the Impressor shall take such Horse or Horses impress away he shall first bring two able honest men of the Neighbourhood to appraise the said Horse or Horses and a writing shall be drawn and signed intimating the vallue and if such Horse or Horses be killed in the Service or otherways lost it shall be at the choice of the Owner of such Horse or Horses to receive the vallue as appraised or the wages for hire if for the use of the County to be paid by the County if for the use of the publick to be punctually paid upon returning Certificate from the County-court as in case of Sloops and in case any person or persons shall notwithstanding this Law presume to impress and carry away any Sloop-Boat or other Vessel or any Cart Horse Arms Provisions or any other matter or thing whatsoever contrary to the true intent and meaning thereof shall be fined and amerced double the vallue of any such Sloop-Boat c. Horses Arms Provisions or any other matter or thing so by him Impressed and taken away to the use of the Owner or Owners of such Goods to be recovered by Action of Trespass in any Court of Judicature in this Colony IX An Act for setling the Form of Pattents MR. Secretary Ludwell having presented a new Form of a Patent exactly agreeing with the new and late Charter under the Broad Seal of England in these following words To all to whom c. I c. send c. Whereas His Most Sacred Majesty hath been graciously pleased by his Royal Letters Patents under the Great Seal of England hearing Date at VVestminster the tenth day of October in the twenty eighth year of his Reign amongst other things in his said Letters Patents contained to continue and confirm the Antient Priviledges and Power of granting fifty Acres of Land for every person imported into this his Majesties Colony of Virginia now know ye that I the said c. do with the consent of the Council of State accordingly give and grant unto A. B. c. Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby Enacted That all Patents shall be drawn henceforward in the abovesaid Form and words to the end they may be firm sure and valid in Law X. An Act ascertaining Coroners-Fees FOr as much as some doubts have arisen concerning Coroners Fees in this Colony and it being necessary to declare by a Law what the same shall be Be it therefore Enacted by the Governour Council and Burgesses of this present Grand Assembly Thirteen shillings and four-pence or 30 and one hundred three pounds of Tobacco the Coroners Fee and the Authority thereof and it is hereby Enacted that a Fee for a Coroners-Inquest be thirteen shillings and four-pence according to the allowance in England in such Cases or one hundred thirty three pounds of Tobacco and Cask at the choice of the Coroners to be paid out of the Estate of the person Deceased In Counties where there is no Corner a Justice of Peace shall perform his Office and receive the Fee aforesaid if such there be and for want of such Estate by the County where the Party causing the Inquest shall dye and where there is no Coroner in the County that the Justice of Peace doing the Office shall have the Fee XI An Act declaring the year 1676. to be out of the Statute of Limitations FOr as much