signed by the Secretary which shall remain upon File in the Office for the full justification of the Clerk who is to enter them in the Book of Records XXII The Plaintiff to File his Declaration Three days before the day of Hearing Declarations to be filed three days at least before Pleading ANd whereas the Clerk is enjoyned to enter Twenty Actions for each day and the Court to sit at certain hours so also it is hereby Enacted That the Plantiff File his Declaration in the Office at least three days before the day of Hearing in which time the Defendant may take a Copy thereof the Original still remaining in the Office and provide his Answer in writing ready to present to the Governour and Council at the day of Hearing And further That if the Plantiff fail either in not appearing to prosecute or in neglecting to File his Declaration as is hereby enjoyned he shall pay to the Defendant if he lived within Fifty miles of James City The Penalty of a Default One hundred and Fifty pounds of Tobacco for a Non-suit and if he dwell further off then Three hundred and Fifty pounds of Tobacco besides his Amercement to the Publick And if the Defendant make default the Judgment to pass against the Bail for the thing sued for or if no Bail be returned then against the Sheriff besides his Amercement of One thousand pounds of Tobacco laid upon him by Act for not making Returns Provided that the Bail and Sheriff have respite of Execution until the next Court when if they bring in the person of the Party the Judgment of the first Court granted to be reversed but the Amercement awarded against the Sheriff to continue and not be remitted XXIII Adjournment to the two last days for Determination of References by Avisare Volumus or Actions entred in Court time ANd whereas this Act enjoyns the proportioning so many Actions to a day but gives liberty to Arrest in Court time to the last days of the Court and whereas some Cases of Difficulty may be presented Adjournment to the two last days for determination oâ— References by Avisare Volumus upon which the Court may desire to advise Be it therefore Enacted That as soon as the Court hath sat so many days as are filled with Actions it shall be Adjourned to the two last days of that Court and whatever the Court hath referred by their Avisare Volumus and all Actions entred in Court time as aforesaid shall be then tried and determined XXIV Criminal Causes to be tried at the General Court Crimminal causes to be Tried only at General Courts and on the Fourth day WHereas men of the greatest Abilities both of Judgement and Integrity do usually meet at the General Courts whither their Ocasions do frequently call them and because any thing that concerneth Life or Limb requires the ablest Juries to enquire of it Be it Enacted That all Criminal Causes that concern either Life or Member shall be tried at the General Courts only the Fourth day of the said Courts Juries to be Chosen out of the Neighbour-hood And because the Laws of England do enjoyn Juries to be chosen out of the Neighbour-hood where the Fact was committed according to which the remoteness of our Habitations doth not admit us so fully to practice as we desire yet that we may come to them as near as possible we may and because it is very requisite that part of the Jury at least should come from thence who by reason of their nearer acquaintance with the business may give information of divers Circumstances to the rest of the Jury Be it therefore Enacted That immediately after the commitment of any person found Criminal by the Grand Inquest The manner of proceeding by Juries in Cases Criminal the Sheriff of the County to whose Custody he is committed shall give notice thereof to the Secretaries Office at James City and the Clerk of that Office shall presently send a Venire Facias to the said Sheriff to impannel Six men of the ablest and nearest of the Inhabitants of his County Sheriffs to Impanel Juries to that place where the Fact was committed to be of the Jury for Trial of that Cause returnable the said Fourth day of the next General Court where the said Jury-men are bound to appear What Allowance Jury-men shall have for their Charges and for their Charges the Countrey shall allow to each Man Twenty pounds of Tobacco per day for each day they may be reasonably coming to and returning from James City and Fifty pounds of Tobacco per day during their Attendance there about it Viz. from the day they are by the Writ to appear until they be discharged and that the rest of the Jury be made up of the By-standers XXV The Governour and Two of the Council to go the Circuit VVHereas the Honourable Governour out of his singular care of his due Administration of Justice in all Courts and that he might be the better enabled to render his Majesty an exact account of the Government hath been pleased to take upon him and the Council the pains of Visiting all the County Courts of the Countrey Be it therefore Enacted That the Honourable Governour and one of the Council or upon the urgent Affairs of the Countrey hindering the Governour The Governour or Two of the Council wh m he shall Commissionate to go the Circuit yearly that the Governour commissionate too of the Council for every River yearly in August to set Judges in all the County Courts and there hear and determine all Causes then depending in them by Action or Reference from any other preceeding Court in that County Provided no Councellor be appointed to go the Circuit in the River wherein he doth inhabit XXVI Appeals how to be made VVHereas many appeals are made from County Courts to General Courts and from General Courts to Assemblies whereby the speedy Execution of Justice is often retarded and many persons disabled by the Charge of going to James City to prosecute are forced many times to desist from the Claim of their just Rights Be it therefore Enacted Appeals from County Courts how to be made and to whom That for the avoiding Delays and for the ease of the Inhabitants all Appeals made in any Court after the General Court in March be referred to the Hearing of the Governour or Itenerary Councils in their Circuit from whose Sentence there if any person will appeal if the Governour be present shall be made to the next Assembly if two of the Council then to the next General Court from which the said Councellors during the Trial of such Cause or Causes in which they had at the County Courts given their Opinions shall be suspended but because in the Winter time the General Courts are more frequent and all Causes there receive a speedier determination and because Tobacco being only then payable may be paid in kind
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
assigning the Thirds of the Estates of persons Intestate to their Widdow All Estates of persons Intestated to be divided into Thirds and the Widow to have her Thirds and choice after Division It is for Explanation thereof Enacted by the Grand Assembly and the Authority thereof That the Estates of all Persons Intestate where the Will is doubtful whether personal or real viz. Land cleared or Wood Land and Housing may be according to the quantity or quality of the said Land and Housing divided equally into Thirds and the Widow to have her Thirds and choice after the Division VIII An Act Repealing the Act concerning Rumme WHereas there was by a former Act of Assembly made at James City March 20th 1661 The Act concerning Rumme and Paveal Sugars Repealed an Imposition laid upon Rumme and Paveal Sugars the House upon Consideration of the difficulties of collecting the said Impost and the defining Paveaâ— Sugars and principally the Obstructions it may bring to the Trade of the Countrey have thought fit to Enact That the said Act be totally repealed IX An Act concerning Arrests in Court times VVHereas divers persons repairing to James City in the time of Quarter Courts and Assemblies some about service of the Publick some to give Evidences No Arrests shall be served at James City during the General Assembly nor five days before and after except upon persons dwelling in James City County others to their other occasions which by the malice of some persons taking them at an advantage are arrested to a present Answer for fear whereof divers persons do absent themselves to the great prejudice of the Publick Affairs and the Obstruction of Justice It is therefore Ordered That no Arrests Five days before the General Courts or Assemblies or Five days after the General Courts or Assemblies be served upon any person at James City except he be an Inhabitant of James City-County At a Grand Assembly held at James City October the 20th Anno 1665. I. An Act Impowering a Justice of the Peace to grant Attachments WHereas it hath been scrupled whether a particular Justice of the Peace might in any case issue an Attachment this Assembly have thought fit to declare That in case of suspicion of any persons intentions to remove out of the County where he dwells either to conceal himself in the Countrey or with-draw himself out of the Countrey whereby the ordinary proceedings at Law cannot be had against him In what case one Justice of Peace may may grant Attachments It is and may be lawful for any Justice of the Peace to issue out an Attatchment against so much of the Estate of the person so suspected to remove as by the Claim made shall in his judgment appear due to the Creditor replievable by security given or appearance at the next Court Provided That the said Justice take sufficient Security of him that desires the Attachment to pay the Damages the Court shall award to the Defendant in case the Plantiff be cast in the Suit II. An Act for Repealing of the Act for defraying the Incouragement for killing VVoolves by a Tax upon Horses VVHereas the Act for Levying the Incouragement of killing of Woolves upon Horses The Act for Levying Money on Horses for encouraging the killing of Woolves repealed by reason of the great inequality thereof imposes too great a burthen upon those Frontier Counties which have most Woolves killed and fewest Horses to bear the Charge It is therefore Enacted by this present Grand Assembly and the Authority thereof That that Act shall be and hereby is repealed and the former Law for paying the Incouragement per Poll be revived and continued III. An Act prohibiting the Sale of Arms to the Indians VVHereas there was formerly a Law in force prohibiting the Sale of Arms Ammunition or Guns to the Indians which upon consideration of the said Indians being furnished by the Dutch was omitted It being then thought impolitick to debar our selves from so great an advantage as might accrue to us by the Indians Trade when we could not prevent the supply yet since those envious Neighbours are now by his Majesties Justice and Prudence removed from us and the Trade now likely to be in our hands and none to furnish them besides our own Nation which in these times of eminent Danger hath scarce ability to furnish our own wants It is therefore Enacted by this Grand Assembly and the Authority thereof That the Sale of Arms Guns Powder and Shot Any person selling Ammunition to Indians for the first Offence shall be fined 10000 l. of Tobacco and for the second be prosecuted as a Felon be wholy prohibited and that whosoever contrary to the intent of this Act shall by himself or any other sell or barter Powder Shot Guns or Ammunition to any Indâ—an shall be fined Ten thousand Pounds of Tobacco or suffer Two years Imprisonment without Bail or Mainprize for the first Offence and for the second to be proceeded against as Felons IV. An Additional Act for better restraining the Exportation of Hides Repealed by 12 Act Anno 1680. Vide. V. An Act concerning the intent of some former Penalties VVHereas certain doubts have arisen in giving Judgment upon a Penal Law as stealing of Hoggs taking away of Boats and the like where several persons may be Actors in committing the same Offences viz. whether the Penalties imposed are to be levied upon all the Actors in general Where several are Actors in the same Crime every one to be fined and the payment of the Penalty specified in the Act by any one should acquit the rest or else Judgment pass for the entire Sum against every particular and individual Offender Be it Enacted for the better deterring people from committing such Offences That in all such Cases every particular Offender may be singly prosecuted and have Judgment passed against him for the whole Fine And because the Laws have been silent in prescribing any way to punish Servants guilty of the Breaches of such Acts where Freemen are to pay a Fine of which they are during their Service wholly uncapable and might be encouraged to attempt it should their punishment be respited until their time of Service is expired Be it therefore Enacted Servants that are Offenders not being capable of paying a Fine are to receive Corporal Punishment That in all Cases where a Free-man is Punishable by Fine a Servant shall receive Corporal Punishment viz. For every Five hundred pounds of Tobacco Twenty Lashes and so many such several Punishments as are Five hundred Pounds of Tobacco included in the Fine unless their Master or other Acquaintance will Redeem them by making Payment And it is further Enacted That if any Person shall by procurement of the Servant upon promise and agreement for future Service pay the Fine and Release him from Punishment such Agreement made shall notwithstanding the Coverture bind such Servant to performance after his time by Indenture
conferring of Baptism doth not alter the condition of the person as to his Bondage or Freedom That divers Masters freed from this doubt may more Carefully endeavour the propagating of Christianity by permitting Children though Slaves or those of greater growth if capable to be admitted to that Sacrament III. An Act of encouragement for Erecting Mills WHereas it would conduce much to the Convenience of this Country both for grinding of Corn and nearer Roads if Mills were erected at convenient places which divers persons would willingly do if not obstructed by the perverseness of some persons not permitting others though not willing themselves to promote so publick a good It is enacted by this present Grand Assembly and the authority thereof Two Commisioners may be impowered by the County-Court to appoint conveninient places whereon to erect Mills that if any person willing to erect one or more Mills upon convenient places hath Land only on one side the said place and the Owner of the Land on the other side refuse to let him have an Acre of Land to the use aforesaid That then the Countie-Court upon request of the Party so refused shall order and impower two Commissioners or such other Credible Person as they shall think fit to view the said Land And if it take not away housing or Orchards or other immediate Conveniences then to vallue the said quantity of Land and to put the same into the possession of the Party building the said Mill or Mills he paying the consideration the Land is valued at And it is further enacted Also for building of Churches or Court-houses that the like liberty shall be granted for two Acres of Land and no more for erecting Churches or Court-houses Provided that in case of desertion of any Structure the Land shall revert to the first Proprietor he paying what he received for it IV. An Act for Roads to Houses VVHereas the dispatch of Business in this Country is much obstructed for want of Bridle wayes to the several houses and Plantations It is Enacted by this Grand Assembly and the authority thereof that every person having a Plantation Convenient passage for Man and Horse shall be made to every Plantation shall at the most plain and convenient place that leads to his house make a Gate in the Fence for the Convenience of passage of Man and Horse to his house about their Occasions at discretion of the Owners V. An Act against Exportation of Corn. Vide Act 3. Anno 1675 6. VI. An Act for Rating of Ordinary-Keepers Vide Act 10. Anno 1676. VII An Act for Forts to be built in each River Vide Act 2. Anno 1668. and Act 1. Anno 1672. At a Grand Assembly held at JAMES CITY September 17. 1668. I. An Act for Establishing a Fast WHereas the many Sins of this Country may justly provoke the Anger of Almighty God against us and draw down his Judgments upon us unless diverted by a timely and hearty Repentance The Governour Council and Burgesses taking the same into their serious consideration have enacted and do by these Presents enact That the 27th day of August next be set a part for a day of Humiliation hereby strictly requiring all persons on that day to repair to their Respective Parish-Churches with Fasting and Prayer to Implore Gods Mercy and deprecate the Evils justly impending over us And be it further enacted that if any person or persons in contempt hereof shall be found on that day Gaming Drinking or Working works of necessity excepted he or they so offending upon Presentment of the Churchwardens and proof thereof made to the Vestry shall be fined one hundred pounds of Tobacco half to the Informer half to the poor of the Parish And it is further enacted that all Ministers in the Parish where they reside be required to repair themselves to the solemnizing that day II. An Act for dispensation of Ship riding under the Forts WHereas the Act for erecting Forts enjoynes all Ships trading into this Country to ride within the command of the Forts now erected for security of the said Ships in times of War and Danger and since God hath restored to us the Blessing of an Universal Peace by which the necessity occasioning that injunction is taken away The Governour Council and Burgesses of this Grand Assembly for the ease and convenience of the Inhabitants and Traders have enacted and by these Presents do enact That Licence and Liberty shall be and hereby is granted to all Merchants and Masters of any Ship or Vessel that already is or hereafter shall come into any River of this Country Ships permitted to Ride in any part of the River where they may most conveniently unload to ride with their Ships in any part of that River they shall make choice of for better dispatch of their Affairs and this permission to continue in force until the Governours Honour find just cause to command the contrary III. An Act concerning Dammages in Appeals WHereas the present Act about Appeals seeming to take care only of the dammages sustained by Creditors in actions of Debt is difficult in prescribing a Remedy upon actions in the Case Trespass c. By which impunity litigious persons do more boldly persist in stirring up and prosecuting malitious and unjust suits to the great trouble vexation and dammage of many honest men and the breach of His Majesties Peace for Redressing whereof It is enacted by the Governour Council and Burgesses of this Grand Assembly Costs and Dammages given in County-Courts upon Appeal to the General Court if cast there shall be raised 50. per Cent. and the authority thereof That in all actions the dammages costs and reasonable expences of suit recovered against the Appellant in the County-Court by Judgment or Verdict of a Jury shall have fifty per Cent. raised upon all those costs and dammages in the General Court or Assembly if Appeal be made to the General Court against the person Appealing if cast in the suit IV. An Act about Correction of Runaways WHereas it hath been questioned whether Servants running away may be punnished with corporal punishment by their Master or Magistrate since the Act already made gives the Master satisfaction by prolonging their time of Service Corporal punishment may be inflicted on Runaways It is enacted and declared That corporal punishment moderately inflicted on a Runaway-Servant by Master or Magistrate shall not deprive the Master of the Satisfaction allowed by the Law the one being as necessary to reclaim them from further persisting in that idle course as the other is just to repair the Damages sustained by the Master V. An Act Impowering County-Courts to build Work Houses assisted by the Vestry Vide Act 10. An. 1666 VI An Act permitting the Exportation of Horses and Mares WHereas the numbers of Horses and Mares is so increased that there appears not any occasion to continue the Restraint of their Exportation It is enacted by this Grand
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
several Counties not building such Prisons liable to the Sheriff for the escape of any person committed to his Custody which Acts have for want of a Penalty never been put into Execution for want whereof Felons may escape and Debtors for want of due restraint delay always and defraud oftentimes the Creditor of his just Dues and by means thereof the Law it self made wholly void which intended principally that all Men should by that restraint have been forced to make a speedier satisfaction For remedy whereof be it hereby Enacted A Prison to be built at the charge of the County That according to the said Acts a good strong Prison after the form of Virginia Houses be builded within Eight Months after the date of this Act by the Court at the charge of the County upon Penalty of being fined Five thousand pounds of Tobacco and be answerable for Escapes as aforesaid and the person breaking Prison Breaking of Prison shall be adjudged Felony shall according to the said Act. of the third of November 1647 be adjudged a Felon and that no person under Execution for Debt or imprisoned for Felony shall have the benefit of the Rules Who shall have the benefit of the Rules and all other persons having the benefit of the Rules shall be secured and lie in Prison every night at the Peril of the Sherriff XLIII Dwellers within the Rules of any Prison not to have any benefit thereof AND be it Enacted That if the Sheriff shall permit any person dwelling within the Rules of any Prison that is by Warrant or Order of Law committed to Prison to walk abroad out of Prison Such as dwell within the Rules shall not enjoy the benefit of them though with a Keeper and to have the benefit of the Rules or to lodge in his own House the said Sheriff upon Proof thereof made at the County Court by the Plantiff shall be ordered to pay the Debt as in case of Escapes XLIV Sheriff to be chosen in the Commission FOrasmuch as the Comissioners of the County Courts are by the Laws of this Country answerable for the Levies and Estreatments of each County of which the Sheriff is usually the Collector One of the Commissioners of each County shall be chosen Sheriff there be it therefore Enacted That none but one of the Commissioners of each County shall be Sheriff for that County And further That the Commissioners shall exercise the Office of Sheriff successively as they hold their places in Commission Sheriffs shall hold their Office a whole year and no longer every one a whole year and no longer Provided That every such Commissioner before he be admitted to take his Oath give in good Security for the due Execution of his Office and Performance of the Trust committed to him and then his Oath be administred to him And be it further Enacted That no Under Sheriff shall execute the Office of Under Sheriff in the same County above one Year The Vnder Sheriff Provided always That the Sheriffs of James City who are more immediate Officers than any other to the General Courts and the Publick shall be left to the Governours free Choice And further That if the Governour see cause for the better promoting any of his Majesties special Services it shall be left to his discretion to pass by any Person in any other Commission and to give the Place to those in the Commission he shall think most meet to supply the exigent of the present Occasions but because the Laws as well of England as of this Countrey prohibit the Executing the Office of Sheriff by any Person two years together the Governour is earnestly desired by the Assembly in any of his Elections not to infringe those Laws XLV Sheriffs not making Return VVHereas the Sheriffs often through neglect often for favour to the Debtors omit the serving the Process to them directed and making Returns thereof according to Law by means whereof the Courts are prolonged Justice is delayed and the Parties by their attendance and expences very much endamaged Be it therefore Enacted Sheriffs not making timely Returns fined 1000 l. of Tobacco That every Sheriff failing to make sufficient Return that is That the Writ is executed and the Name of the Bail taken of any Warrant to him directed three days at least before the day of the Return of the Writ in the General Court and two days before the County Courts shall be amerced One thousand Pounds of Tobacco one half to the Plaintiff if he sue for it and the other half to the County Provided That the said Plaintiff prove the delivery of the Warrant to the Sheriff XLVI Sheriffs to take Bail BE it also Enacted Sheriffs shall take sufficient Bail in Arrests That all Sheriffs shall take sufficient Bail of Persons arrested and perform the Award of the Court and if the Sheriffs shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be liable to pay the Award of the Court himself and shall also pay in case the consent to the escape be proved One thousand Pounds of Tobacco one half to the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appear not to answer the Suit then Judgment shall be awarded against the Bail Always provided That the Sheriff or Bail shall if they desire it have an Attachment against the Estate of the Party arrested and not appearing And further That if the Sheriff or Bail shall the next Court after that to which the Arrest was made bring forth the Body of the Party so arrested to answer the Suit then the Sheriff or Bail shall be acquitted for the Judgment passed against them XLVII Non est Inventus BE it also Enacted That if any Sheriff shall return a Non est Inventus upon which an Atachment by a former Act hath been usually granted when perhaps neither the Sheriff nor his Officer have been at the house of the Defendants to the great damage and disparagement of the said Defendant by having his Goods attached Be it therefore Enacted The Method of Proceedings relating to a Non est Inventus That henceforth the Sheriff or his Officer shall declare upon one of their Oaths that he hath been at the house of the Defendants and hath there left a Copy of his Writ before his return of Non est inventus be admitted and if he shall refuse to make such Oath then Order to pass against him according to the Act for Non-Returns but if the Return be proved and allowed in Court then after thrice summoning the Defendant by Proclamation in Court an Attachment shall issue against his Estate returnable the Court following where if the Defendant appear not to replevin the Attachment Judgment shall be granted to the Plaintiff for his Debt being made
aforesaid the person concerned shall pay for his Composition as aforesaid But all Lands which shall hereafter lapse or which have lapsed within the two years last past the Composition to be made for with those by his Majesties Treasurer appointed and authorized thereunto And that the Widdow be admitted in the first place she making her Claim within Eight Months according to the Proposition abovesaid XIX COVRTS Courts formerly called Quarter Courts to be henceforth stiled General Courts VVHereas the name of Quarter Courts is altogether unsuitable to the nature of those Courts held by the Governour and Council both in respect there are but three of these Courts in the year as also because they are not equally distributed in the Quarters of the year September and November being too near and March too long from them to admit of that Title Be it therefore Enacted That the said Courts be no longer Stiled Quarter Courts but that they be henceforth called General Courts a Name more suitable to the Nature of them as being places where all Persons and Causes have generally Audience and receive Determination Whereas the Acts of Assembly already made are very defective in prescribing the Rules to be observed in the Proceedings both in those General and the Particular County Courts for want whereof many Errors are committed the respects due to the Courts so nearly representing his Majesties Sacred Person by the clamorous unmannerliness of the people lost and the order gravity and decorum which should manifest the Authority of a Court in the Court it self neglected And in regard the long omission of those hugely material though in themselves little things of form hath caused all things still to continue in the first Disorders It hath appeared necessary to this present Grand Assembly to set down the Rules and Forms themselves for the beginning continuance and proceedings in the said Courts as followeth And it is therefore Enacted That the General Courts begin and continue as followeth General Courts to begin and continue Rules for the beginning continuance and proceedings in Courts That March Court begin the Twentieth of March if it be not Saturday or Sunday and then the Monday following and hold Eighteen days not accounting Sundays in the number That September Court begin the Twentieth of September if it be not Saturday or Sunday and then to begin the Monday following and hold Twelve days not accounting Sundays in the number That November Court begin the Twentieth of November if it be not Saturday or Sunday and then to begin the Monday after and hold Twelve days not accounting Sundays in the number That Adjournments of the said Courts be always avoided and that they begin precisely upon the day that all persons knowing the day of the return of the Writs may accordingly give their Attendance Stile how Entred How the Stile of the Court shall be entred That the Stile of the Court be entred thus AT a General Court held at James City the Twentieth of _____ by His Majesties Governour and Council in the _____ year of the Reign of our Soveraign Lord CHARLES the Second by the grace of God of Great Britain France and Ireland King Defendor of the Faith c. and in the year of our Lord God _____ present Insert the Names of the Governour and Council Manner of proceeding in Court Silence commanded then let the Cryer or Under-Sheriff make Proclamation and say O Yes O Yes O Yes Silence is commanded in the Court while His Majesties Governour and Council are sitting upon pain of Imprisonment Suitors to appear After Silence commanded let the Crier make Proclamation saying ALL manner of persons that have any thing to do at this Court draw near and give your attendance and if any one have any Plaint to enter or Suit to prosecute let them come forth and they shall be heard When Silence is thus commanded and Proclamation made upon calling the Docket the Cryer shall call for the Plaintiff Calling the Plaintiff A. B. come forth and prosecute thy Action against C. D. or else thou wilt be Non-suit And the Plaintiff putting in his Declaration the Cryer shall call for the Defendant Calling for the Defendant C. D. come forth and save thee and thy Bail or else thou wilt forfeit thy Recognizance Warrants for Proceedings to be issued by the Clerk For Proceedings in the said Courts Warrants to be issued by the Clerk XX. Actions to be proportioned BE it Enacted Actions shall be proportioned to the number of Twenty for each day That Warrants be issued by the Clerks of the General Courts and the said Clerk so proportion the number of his Actions that there be for each day Twenty And that until there be Twenty Actions entred for the first day no Warrant issue for the second and then Twenty for the second before any issue for the third and so proportionably Twenty per day for so many days as there are Actions to fill with that number It being unreasonable that the Governour and Council should wait a Week for a straggling Business entred at a particular mans pleasure And in case any special Warrant issue that for the extraordinariness of the business may require the Governours own signing It is Enacted That the person first go to the Clerk and there enter his Action and the day of the Return before his Warrant shall be signed And whereas some scruples have arisen about the time Warrants may be served viz. Whether ten days before the Return that is the day mentioned in the Writ to appear At what time Warrants may be served It is hereby declared that Warrants may be served at any time if there be ten days between the Serving and the Return as aforesaid And further That it may be done in Court time for the same Court if there be ten days between the Serving. XXI Courts to sit from Eight to Eleven of the Clock in the Forenoon and from One to Three Afternoon How long Courts shall Sit. BE it also further Enacted That the Court shall each day sit from Eight of the Clock to Eleven in the Forenoon and from One to Three in the Afternoon And for avoiding all Errors that may happen in the Draught for the Orders by the Clerk either through his misapprehending the sense of the Court or the partial Information of any person concerned which he being distracted with the multitude of Business may unwittingly assent to That all Orders of the day be by the Clerk drawn up against next Morning and then read in open Court in presence of the Plantiff and Defendant if they will be present when Rule will be given by the Court for Amendment of Errors Amendment of Errors if any be before they be Entred upon Record and the Plantiff or Defendant if they have any new matter of Plea shall then have liberty to plead it in Arrest of Judgment And the Orders thus publickly read and confirmed shall be