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A65124 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.; Laws, etc. Virginia. 1684 (1684) Wing V636; ESTC R222342 217,004 350

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the benefit of this Act and Transgress Page 43. Handicrafts-men shall pay Levies Page 114. The Rates of Smiths Armorers c. ascertained Page 176. Artificers to be paid by the County and the County reimbursed ibid. Artificers Merchants and Tradesman above the Age of Sixteen shall pay Levies Page 189. Tradesmen dwelling in the places appointed for County-Warehouses freed from the payment of former Debts for Five years Page 265. Also from publick Levies if they plant no Tobacco ibid. Assemblies Assemblies to enquire after the breach of Laws Page 66. Notice to be given to the people by Proclamation when the Assemblies are to be Adjourned Page 128. Attorneys No Commissioner Clerk or Sheriff shall Plead as an Attorney in that Court wherein he Officiates Page 38. Attorneys out of England shall give security to pay Costs and Damages if cast in Law Suits Page 63. No person not being Licenced by the Governour shall Plead as an Attorney in the General or County Courts Page 267. Any person may notwithstanding Plead his own Cause Page 268. Five hundred pounds of Tobacco the Attorneys Fee for pleading a Cause in the General Court and One hundred and Fifty for every Cause in County Courts ibid. Fine laid on Attorneys for refusing to Plead for the Fees aforesaid ibid. Avisare Volumus Page 19. B. Baptisme THe Penalty of refusing to have Children Baptized Page 106. Baptisme of Slaves doth not exempt them from Bondage Page 155. Bills and Bonds Bills and Bonds of persons Deceased how long recoverable Page 63. Damages upon protested Bills of Exchange shall not exceed 15 per Cent. Page 150. Notes of dead persons how far Pleadable against their Estates Page 184. Births shall be Registred Page 11. Boats and Sloops Against private taking away of Boats Page 85. No Boat shall go on Board a Vessel newly Arrived before the said Vessel send on Shoar Page 177. Such as shall impress Boats c. shall produce their Warrants for so doing to the Owners thereof Page 222. Sloop-hire from the County-Warehouse to the Water side Page 264. Bounds Bounds betwixt the English and the Indians to be fixed Page 99 Commissioners shall view the same Annually ibid. Bounds of this Collony on the Eastern-Shoar Page 118. Counties and Parishes to be Bounded Page 133. Burgesses Writs for Election of Burgesses shall be read publickly in Churches Page 38. Free-men neglecting to give their Votes at the Election of Burgesses fined 200 l. of Tobacco Page 39. The Secretary shall convey Writs to the Sheriffs of each County for the Election of Burgesses Page 64. Two Burgesses from each County ibid. One for James City in particular ibid. Burgesses shall appear on the precise day of the return of the Writ Page 65. Burgesses shall not be Arrested unless the Assembly be adjourned for above a Month Page 66. Each County shall send two Burgesses Page 164. None but Free-holders and House-keepers shall have a voice in Elections of Burgesses Page 168. Penalties on Counties not sending two Burgesses Page 171. Expences of Burgesses regulated Page 211. The Allowance Burgesses shall have during their Attendance at the Grand Assembly Page 212. Burials Private Burials prohibited Page 9. Places to be set apart for publick Burials Page 10. Burials shall be Registred Page 11. C. Cask THe Size of Virginia Hogsheads Page 84. Virginia Hogsheads shall be 43 Inches in length and the heads 26 Inches over ibid. Allowance of Cask for Publick and County Levies c. shall be 8. per Cent. and no more Page 271. Castle Duties Castle Duties to be paid Page 94. Half a pound of Powder and three pound of Leaden Shot per Tun and 6 d. per Poll payable for Castle Duties ibid. An Act concerning Castle Duties Page 113. Virginia-Owners exempted from Castle Duties Page 163. Cessation The Act for a Cessation from Planting Tobacco from the First of Feb. 1666 to the First Feb. 1667. declared to remain in force Page 140. Debts due the Cessation Year to be paid one half down and time to be allowed for the other half Page 143. Valua ion of Commodities for payment of publick Duties during the Cessation from Planting Page 144. Children Mulatto Children to be Bond or Free according to the Condition of their Mother Page 111. Poor Children to be provided for Page 181. Provision for Children when Persons die Intestate Page 185. When Negro Children shall be accounted Tythable Page 269. Church A Church to be built in each Parish Page 3. In small Parishes Chappels of Ease ibid. Church Catechism only to be used Page 6. Land allotted for building of Churches Page 156. Church-Wardens Church-Wardens shall present Recusants Page 7. Shall make Presentment of Misdemeanours twice in the Year Page 9. What Crimes they shall make Presentment of ibid. Church-Wardens shall keep the Churches in repair and provide Ornaments Page 10. Shall Collect the Ministers Dues ibid. Chyrurgeons Chyrurgeons Accounts regulated Page 68. Chyrurgeons Accounts Pleadable after decease of the Party Page 69. Circuit The Governour or two of the Council whom he shall commissionate to go the Circuit yearly Page 21. Clerks The Clerk shall issue Subpoenas Page 23. When he shall issue a Subpoena and when a Dedimus Potestatem ibid. Clerks Fees to be paid Page 101. Clerks Fees shall be pleadable 3 years ibid. County Court-Clerks Fees Page 102. Clerk of the Assemblies Fees Page 104. No person shall be a Justice of the Peace or High Sheriff and Clerk of the County at the same time Page 203. The County Clerk may depute the High-Sheriff or Under-Sheriff to enter Action ibid. Additional Fees ascertained to County-Court-Clerks Page 278. Penalty of Clerks exacting greater Fees than is appointed Page 280. Cloth Allowance made by the Publick for every Yard of Linnen and Woollen Cloth made of the product of the Countrey Page 79. An Act for the Encouragement of the Manufacture of Linnen and Woollen-Cloth Page 296. Allowance made by the Publick for Linnen or Woollen-Cloth of the Growth and Manufacture of the Countrey Page 297. Colledge or Free-School Page 12. Lands shall be taken up or purchased for that use Page 13. Compositions Private Compositions for Damages sustained in the Rebellion prohibited Page 215. Contracts No Master shall make any Contract with his Servant before his Service be expired unless with the Approbation of some Justice of the Peace Page 202. Conveyances An Act against Fraudulent Conveyances Page 56. Conveyances of Estates shall be acknowledged before the Governour at the General Court or before the Justices at County-Courts ibid. Such Conveyances shall be Registred within 6 Months or otherwise shall not be good in Law ibid. Who are exempted from this Act ibid. Conveyances made in England shall be Recorded in the Secretaries Office Page 110. Council Members of the Council of State may sit in any Court in Virginia Page 204. Allowance to Councellors attending at General Courts Page 205. Cocquets The price of Cocquets ascertained Page 200. One half penny per Hogshead payable for all
Fourteenth Year of our Sovereign Lord King CHARLES II. I. An Act concerning Sheriffs making false Returns WHereas the Sheriffs of the several respective Counties do often contrary to act of Assembly accept of the promise of the Party Arrested instead of taking Bail which by Act he is injoyned to do and yet to save himself Harmless doth make false Returns viz. That the Writ could not be Executed whereby the Creditor is delayed in the Suit or Non est inventus whereby Attachment Issues to the damage of the Defendant Be it therefore Enacted by this present Grand Assembly and the Authority thereof The Penalty of Sheriffs making false Returns That every Sheriff that shall be proved to have executed the Writ and yet make such false Return shall be fined Three thousand pounds of Tobacco one half to the Publick and the other half to the Party damaged or delayed as aforesaid II. An Act concerning Servants Owners of Goods WHereas many Servants imported into this Countrey being ignorant of the Customs here do sometimes bring in with them a small Parcel of Goods or have them sent afterwards by their Friends which usually either the party that Imports them or he to whom they are Assigned as Servants converted to their own use Be it therefore Enacted by this present Grand Assembly and the Authority thereof Servants Goods are to be disposed of for their own use That all Servants bringing Goods in with them not being their Own wearing Apparrel or having them Consigned to them during the time of their Service shall have the propriety in their own Goods and by permission of their Masters dispose of the same for their own future advantage III. An Act against Persons that refuse to have their Children Baptized WHereas many Scismatical Persons either out of aversness to the Orthodox Established Religion or out of the new-fangled conceits of their own Heretical inventions refuse to have their Children Baptized Be it therefore Enacted by this present Grand Assembly and the Authority thereof That all and every person and persons that in contempt of the Divine Sacrament of Baptism The Penalty of refusing to have Children Baptized shall refuse when he or they may carry their Children to a Lawful Minister in that County where he or they dwell to have them Baptized shall be amerced Two thousand pounds of Tobacco half to the Parish half to the Informer IV. An Act declaring how Judgment shall be passed upon a Non est Inventus Returned WHereas by the present Law when a Non est Inventus is Returned Attachment is granted Returnable the next Court and Judgment upon the Attachment the Court following yet if the Arrest be upon an Action of the Case upon Account prescribes no way of making proof of the Debt the Act for Accounts referring them to the Oath of the Debtor Proceedings in case of a Non est Inventus Be it therefore Enacted by the Authority aforesaid That henceforth in all such Cases the Creditors Oath shall be taken to his Account and Judgment pass for the same he deposeth to be due to him and in like manner where Bail is taken and the Defendant appears not upon proof made by the Oath of the Creditor as aforesaid Judgment shall pass against the Bail for the Debt V. An Act for Punishment of Scandalous Persons VVHereas many Babling Women slander and scandalize their Neighbours Babling and Slanderous Women to be punished by Ducking for which their poor Husbands are often involved in chargeable and vexatious Suits and cast in great Damages Be it therefore Enacted by the Authority aforesaid That in Actions of Slander occasioned by the Wife after Judgment passed for the Damages the Woman shall be punished by Ducking and if the Slander be so enormous as to be adjudged at greater Damages then Five hundred pounds of Tobacco then the Woman to suffer a Ducking for each Five hundred pounds of Tobacco adjudged against the Husband if he refuse to pay the Tobacco VI. An Act concerning VVomen-Servants got with Child by their Masters VVHereas by an Act of Assembly made the 23 of March 1661 every Woman-Servant having a Bastard is to repair the trouble and charges sustained by the Master to serve two years after her time by Indenture is expired and late experience shewing that some dissolute Masters having themselves gotten their Women-Servants with Child Women-Servants gotten with Child by their Masters how to be dealt withal yet have shamelesly claimed the benefit of their Service and on the other side if a Woman got with Child by her Master should be freed from that Service it might probably induce such loose persons to lay all their Bastards to their Masters It is therefore thought fit and acccordingly Enacted That from henceforward each Woman-Servant got with Child by her Master shall after her time by Indenture or Custom is expired be by the Church-Wardens of the Parish where she lived when she was brought to Bed of such Bastard sold for two years and the Tobacco be imployed by the Vestry for the use of the Parish VII An Act compelling VVitnesses Subpoenaed to deliver their Evidence upon Oath VVHereas the Law of the Countrey already made prescribes no way of compelling Witnesses to give in their Evidence upon Oath Refusal of giving Evidence punishable by Imprisonment Be it therefore Enacted That henceforth all Witnesses Subpoenaed to give Evidence in any cause if they refuse to declare it upon Oath shall be committed to Prison and there remain until they declare their Evidence upon Oath VIII An Act concerning Servants being the reputed Father of Bastard-Children VVHereas by the present Law of this Countrey the punishment of a reputed Father of a Bastard-Child is the keeping of the Child and saving the Parish harmless Reputed Fathers of Bastard-Children if Servants how to be dealt withal and if it should happen the reputed Father to be a Servant who can no ways accomplish the penalty of that act Be it therefore Enacted by the Authority aforesaid That where any Bastard-Child is gotten by a Servant the Parish shall take care to keep the Child during the time the reputed Father hath to serve by Indenture or Custom and that after the said reputed Father is Free he shall make Satisfaction to the Parish IX An Act enjoyning the recording all Conveyances made in England in the Secretaries Office VVHereas daily Experience sheweth that many Persons Inhabitants of this Countrey do privily make over their Estates to others in England and by that means defraud all their Creditors in this Countrey of their just Debts Be it therefore Enacted That all Conveyances of any Estates in this Countrey made over to any person in England or Authentique Copies All Conveyances shall be recorded in the Secretaries Office shall be sent over to this Countrey the next Shipping after they are made and be here manifested in the General-Court and recorded in the Secretaries Office or else to
Bills of Lading not containing above 20 Hogsheads ibid. In Bills of Lading exceeding that number Twelve Pence for every Cocquet ibid. Corn. Two Acres of Corn for each Tythable Page 82. Or one Acre of English Wheat ibid. Corn shall not be Exported upon penalty of paying 200 l. of Tobacco for every Barrel thereof and twice the price of other provisions Page 197. Coroner An Act ascertaining Coroners Fees Page 226. In Counties where there is no Coroner a Justice of Peace shall perform his Office and receive the Fee due to the Coroner ibid. County A Pillory a Whipping Post a pair of Stocks c. to be set up in each County Page 31. No person shall remove out of the County where he dwells without first setting up his Name on the Church-door three Sundays with his intention of removeing and whither Page 46. Cattle shall not be removed out of the County withoue notice first given to four of the Neighbourhood ibid. Counties or Parishes to make By-Laws which Laws shall be obeyed by the Inhabitants of the said Counties or Parishes Page 112. Inhabitants of the County shall obey the By-Laws thereof Page 237. Where two or more Counties lie conveniently one publick Ware-house may serve in common between them Page 266. Courts Courts formerly called Quarter Courts to be hence forth stiled General-Courts Page 14. Rules for the beginning continuance and proceedings in Courts Page 15. How the Stile of the Court shall be entred ibid. Warrants for Proceedings in Courts to be issued by the Clerk Page 16. How long Courts shall sit each day Page 18. Criminal Causes shall be tryed only at the General Courts and on the Fourth day Page 20. County-Courts appointed and how to be formed Page 26. Members of County-Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace ibid. An what places and when County Courts shall be held ibid. Form for entring the Stile of the County-Courts Page 28. Court shall not take Cognizance of any thing under 200 l. of Tobacco ibid. Private-Courts prohibited Page 29. County Courts may grant Probates of Wills and Administrations upon the Estates of Persons dying intestate Page 48. Discounts to be made in Courts Page 69. The General Court to be held the 15th of April Page 139. Land alloted for building Court Houses Page 156. County Courts shall re-examine their Orders Page 162. An Act for opening Courts of Judicature Page 213. An Act impowering County-Courts to make By-Laws Page 237. Two Men of each Parish chose by the Free-holders and House-keepers shall sit with the Justices in County Courts for making By-Laws ibid. Criminals When several are Actors in the same Crime every one shall be fined Page 132. Criminals having Estates shall defray the Charge of their own Prosecution Page 147. Otherwise to be prosecuted at the Charge of the County ibid. D Debts NO Debts pleadable in Virginia for Goods Imported thither Page 123. Debts contracted in Virginia shall be the first paid Page 125. No Debts pleadable against Dead Mens Estates but such as were contracted within One year before their decease Page 239. Declaration Plantiff shall file his Declaration three days before the day of Hearing Page 18. Defendant shall put in his Appeal to the Plantiffs Declaration Page 28. Dedimus Potestatem How a Dedimus-Potestatem shall issue Page 24. In what Cases to be granted by whom and to whom it shall be directed ibid. The Fee for a Dedimus Potestatem Page 163. A Dedimus Potestatem may be signed by any Member of the Council Page 290. Defamation What Defamations are Actionable Page 29. Babling and Slanderous Women to be punished by Ducking Page 107. Persons provoking others by Aggravations or Terms of Distinctions fined 400 l. of Tobacco Page 216. Any person who shall either by Words or Writing Defame the Governour shall suffer a years Imprisonment without Bail c. Page 250. E. Errors A Amendment thereof Page 18. Evidence Evidence shall be given Viva Voce in Cases Criminal Page 24. Penalties of Non-appearance upon Subpoenas Page 25. Allowance for Evidences summoned to the General Court Page 193. Execution An Act permitting persons under Execution to redeem their Bodies with their Estates Page 123. Proceedings in case of an Execution for Debt and what relief may be had therein Page 124. Executions issuing upon Judgment granted by the Assembly shall be drawn by the Clerk and signed by the Governour Page 228. Writs of Execution and Writs of Attachment how to issue Page 290. Exportation No Merchant or Mariner shall Transport any person out of this Collony without Certificate Page 46 Against Exportation of English-Goods Page 87. Mares and Sheep not to be Transported ibid. Exportation of Iron Wooll Wollfells Skins Hides or Leather prohibited Page 285. F. Fasts c. A Fast to be kept annually on the 30th of January Page 7. The 29th of May appointed to be kept Holy Page 8. The 13th of September to be annually kept Holy Page 125. A Fast appointed Page 157. Fences Fences shall be four foot and a half high or else no Damages to be allowed for Trespass Page 58. Sheep comprehended in the Act concerning insufficiency of Fences Page 149. Fences of Corn-Fields shall be four foot and a half high Page 167. Fines Courts only shall impose and collect Fines Page 32. An account thereof shall be kept by the Clerk ibid. Fish An Act restraining the striking and killing of Fish between the first of April and first of November Page 281. Flax and Hemp. Flax-seed to be distributed into each County Page 79. An Act for the Manufacture thereof Page 188. One Quart of Flax-seed and the like quantity of Hemp-seed to be distributed to every Tythable person in each County ibid. One pound of dressed Flax or Hemp to be yearly made for every Quart of Seed received ibid. Twenty four pound of Tobacco allowed by the publick for every Peck of Flax-seed of the growth of the Countrey and Twenty pounds of Tobacco for every Peck of Hemp-seed Page 296. For every Tythable in the year 1684 shall be made one pound of Flax and one pound of Hemp dressed or Two pounds of either and so yearly after Page 297. Fornication An Act against Fornication Page 73 Persons convicted of Fornication fined 500 l. of Tobacco ibid. Fornication with a Negro-man or Woman punishable Page 111. Forts and Fort-duties Three pence per Hogshead payable for Fort-Duties in Accomack c. Page 93. Masters of Ships may pay their Fort-Duties in Musquet-Powder and Shot Page 113. A Fort ordered to be Built Page 136. Forts ruinated and demolished shall be built a-new or repaired with Brick Page 176. Levies for building and repairing Forts ibid. Frontiers Plantations on the Frontiers to be strengthened with four able hands well Armed Page 126. An Act giving Seven years time for seating Frontier-Lands Page 210. G. Garisons FOur Houses for Stores and Garrisons ordered to be built at the publick Charge Page 229. Places where