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
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
that the said Weights and Measures be kept by the first of every Commission at his house and with them a burnt Mark of _____ and a Stamp for Leaden Weights and Pewter Pots whither all Persons not using Weights and Measures brought out of England and sealed there shall bring all their Barrels which are to contain Five Bushels and other Measures to be sealed and their Stilhars to be tried and all Persons selling by other Weights or Measures not sealed and tried as aforesaid shall forfeit One thousand Pounds of Tobacco one half to the Publick the other half to the Party that shall make his complaint and if the Commissioners shall make default of producing such Weights Measures Scales and Stamps as by this Act they are enjoyned by the first of December 1663 the said Commissioners shall be fined Five thousand pounds of Tobacco to the use of the Publick LXIV County Courts to grant Probates and Administrations BE it Enacted That the County Courts shall be impowered to grant Probates of Wills Probates of Wills and Administrations upon the Estates of persons dying Intestate may be granted by the County Courts and Administrations upon the Estates of persons dying intestate to take Security and receive the Inventories of the said Estates Provided That the Clerk of the County Court when he sends or carries the said Probates or Commissions of Administrations to be signed do then also certifie into the Secretaries Office the name of the Testator or the party deceased the Executors or Administrators and their Security the County and Parish where they dwell and the Court wherein the Administration is granted to the end that strangers and others Creditors invested in the Estate may be the better enabled to find out the Records in which the account of the Estate is entred and be informed how they may come to their just dues LXV Administrations to whom to be granted VVHereas Commission of Administration are suddenly obtained and the Estate as suddenly disposed of under the pretence of greatest Creditor or next of Kin whereby oftentimes they that really are so are the one defrauded of his just Debt and the other debarred of his Right and Interest before either can have notice of the parties Decase Be it therefore Enacted No Administration shall be granted till Nine Months after the parties decease except to the Widow or Child That no Administration be granted until Nine Months after the parties Decease except to the Widow or Child and then to be immediately granted the said Widow or Child bringing in sufficient Security for performing all things the Law requires and saving the Court harmless And be it further Enacted That in case the said Widow or Child do Administer the Estate shall be inventoried and Apprizement made by four Men appointed by the Court and sworn by a Justice of that Court as formerly which Inventory and Apprizement shall by the said Widow or Child be brought into the next Court held in that County unless the Court for Reasons shewed them may think fit to grant Liberty to bring it in the Court but in Case the Decedent die without Widow or Child Then it is Enacted That the Estate for the better Improvement thereof be sold by the Court at an Out-cry and the Purchasers all puting in Security and acknowledging Judgments for their Debts which by the Court shall be Assigned to the several Creditors of the Decedent and paid according to the priority in Law and the surplusage remaining if any to be delivered to the next Kinsman of the Decedent it he appears or if none prove himself such within three years then the Court to give an account of the said Surplusage to the Assembly who are to dispose of the same to the use of the County allowing to the Court or whom they intrust for the managing of it for his reasonable costs and pains And when the Widow or Child administers the surplusage after Debts paid and the Funeral charge according to the quality of the person allowed for shall be equally divided between the Widow and Children viz. one full Third of the Personal Estate to the Widow The Widow to have one third of the Estate Debts being first paid the other two thirds to be divided amongst the children and the other Two Thirds among the Children if any of which die before it come to Age his Proportion to be divided among the surviving Children And whereas it hath been the frequent evil practice of Administrators as soon as they have obtained an Order to administer to act as Administrators by Virtue of that Order without giving security or taking out their Commissions so that the Estate being imbezelled away no account can be given thereof Be it therefore Enacted That whoever pretends to administer upon any Estate shall bring to the Court sufficient security before the Order shall be granted and an Order thus obtained legally Administrators shall give in security to the Court. by giving such security to be truly accountable to bring in a true Inventory and to perform such things as the Administrators by Law are enjoyned shall not at any time after be reversed unless the Party that obtained the same die before he hath given an account of the Estate and obtained his Quietus in whicn case the Court is impowered to grant the Administration of that Estate so not accounted for to some other Person who may by Virtue thereof call his Heirs Executors or Administrators of the former Administrators to accompt who shall pay out of the said deceased Administrators Estate all such Debts as shall be found due to the Estate he administred upon in the first place LXVI Concerning Orphans COncerning Orphans Estates Be it Enacted That all Wills and Testaments be firm and inviolable unless the Executors or Overseers do refuse to execute the Trust reposed in them by the Testator in which case the Court may appoint others to act according to the Will but if the said Will be so made that no Person will undertake the managing of the Estate or Education of the Orphans according to the tenor of it then that the Estate by the appointment of the Court shall be managed according to the Rules set down for the ordering the Estate of persons Intestate as followeth Orphans shall be maintained by the Interest and increase of their Stock if suâ—ficient if not shall be boâ—nd Apprentices First That no account be allowed for Diet Cloths Physick or else against any Orphans Estate but they to be Educated and provided for by the Interest of the Estate and Increase of their Stock according to the proportion of their Estates if it will bear it but if the Estate be so mean and inconsiderable that it will not extend to a free Education then it is Enacted That such Orphans shall be bound Apprentices to some Handycraft Trade until One and twenty years of age except some Kinsman or Relation will maintain them for the Interest
obtain Credit here and contract several Engagements notwithstanding which Engagements past for valuable Considerations it often happens that the whole Estate is by pretended Accounts out of England Debts contracted in Virginia shall be first satisfied and Forreign parts taken away and the Countrey Creditors deprived by that means of their just Dues which this present Grand Assembly taking into their serious consideration Have therefore Enacted That in such Cases all Courts shall give a priority in Judgments for Debts contracted in the Countrey if the Claim be made within Twelve Months before which time no Forreign Debt shall be Pleadable unless there be Effects remaining after the Countrey Debts are paid But this Assembly intending hereby but only the prevention of frauds not the prejudice of any just Creditor that hath bonâ fide adventured his Goods into this Countrey hath therefore further Enacted That if any Factor coming out of England or any other of his Majesties Plantations shall within two Months after his Arrival make Entry in any Court of Record of the name of the Person adventuring by him and the value of the Goods adventured every such Adventurer shall if the Factor die have equal Pleading with the Inhabitants of this Countrey But in case no such Entry be made all Goods imported shall be taken to be the proper Estate of the Possessor And to the end all Merchants and other Persons concerned may have notice hereof It is further Enacted That this Act shall not be in force until the first of March 1665. II. An Act for Frontiers to be seated with Four able Hands WHereas Experience hath evidenced that the weakness of the Frontier Plantations hath animated the Indians to commit several horrid Murders This Grand Assembly endeavouring as much as may be the prevention thereof for the future have Enacted Plantations on the Frontiers to be strengthened with Four able Men well armed and by these presents do Enact That no person shall hereafter seat above the Plantations already seated but with Four able Hands well Armed at his first seating down Provided That such Persons that have already patented Land in any remote Parts may have Seven years granted them to seat and strengthen each particular Plantation with the aforesaid number of Four Men or else desert their Land III. An Act for Liberty to Plant. VVHereas many Endeavours have been used to induce the Province of Mary-Land to comply with this Government in the Endeavours of lessening the Quantity and advancing the Value of Tobacco which could it have been effected had undoubtedly much augmented the Happiness and Prosperity of both Countries but since the Government of Mary-Land have after so many Treaties and frustrated Expectations still continued their aversness Acts restraining Planting Repealed This Grand Assembly not thinking fit to lay a restriction upon this Government while they have so great a liberty have therefore repealed and anulled and do by these Presents repeal and anull all Acts or Proclamations whatsoever any way restraining the Inhabitants of this Countrey from making their utmost benefit of their Labour the ensuing year IV. An Act for the proportioning all Actions to the Forenoon and Afternoon WHereas the dispatch of business to the General Courts is very much retarded by the liberty granted to all persons Arrested to the said Courts to appear at any time within the day assigned in the Writ by the Plantiff by which means most Causes are referred to the Afternoon and that time being insufficient to hear and determine the said Causes the Court is thereby necessitated to put Business out of Course by referring them to the next Morning For prevention of which Inconveniences this Grand Assembly have thought fit to Enact and it is by the Authority thereof Enacted The time for Issuing out of Writs regulated That all Writs that shall for the future issue out of the Secretaries Office returnable to the General Court shall be divided according to the respective days into Ten for the Forenoon and Ten for the Afternoon and if the Plantiff shall at that time fail in appearing to prosesecute a Non-suit shall be granted against him and Judgment against the Defendant or Bail or Sheriff in case the Defendant fail of his Attendance to Answer V. An Act concerning the regulating the Secretaries-Office WHereas it is evident that in all Countreys the well and ill keeping of the Records is of the highest Consequence as being the only means to preserve the Rights and Properties of all the Inhabitants of the same and since it appears that there hath been a great Neglect in keeping the Records in this Countrey For remedy whereof for the future the Grand Assembly at the instance of the present Secretary Thomas Ludwel Esq have thought fit to Enact and be it by the Authority thereof Enacted That Captain Robert Ellison The Records to be carefully Stated Mr. Walter Chiles and the Clerk of the Assembly be appointed by the House to examine and state the Records as they now are and that for the future as soon as there is a place convenient to receive them No person may be permitted to view them without publick Order except only the Clerks of the Office or whom else the Secretary shall appoint no Person may have a view of them unless upon publick Order but the Clerks of the Office or whom else the Secretary shall appoint it being impossible to keep the Records certain when they are prostituted to the view of every one that will look into them who may as their interest leads rend out what may make against them Provided That any Person having occasion may be with the Clerk when he makes the Search for which Search there shall be paid to the Clerk for his Fee One Shilling or Ten pounds of Tobacco besides paying for the Copy of the thing searched for The Clerks Fee for searching the Records And it is further Enacted That but half that Fee shall be paid to the Clerk for searching the County Court Records VI. An Act for conveneing of the People upon the Summons of the Burgesses to adjourn Assemblies VVHereas the principal end of the Convention of Assemblies is the making Provisions for the peoples Safety and redress of the Grievances which being usually made known to the Burgesses of the respective Counties at the place and time of their Elections which upon Adjournment of Alsemblies is not done Notice to be given to the people by Proclamation when the Assemblies are to be adjourned by reason the Sheriff does not make publication of their Summons It is Enacted That for Convention of the Burgesses at this or future Assemblies adjourned timely notice may be given to the people by publication in the Parish Churches of the day appointed by the Sheriff of their meeting at the usual places of Election to present their Grievances to the Burgesses VII An Act concerning VVidows Thirds WHereas some doubts have arisen about the proportioning and
Vessel that shall arrive into any part of Virginia before the said Ship or Vessel send on shoar No Boat to go on Board a Ship newly arrived before the said Vessel send on shoar and thereby are known what they are And if any shall offend in this kind each Cannooe or Boat shall be amerced 400. Pounds of Tobacco and Cask and Sloope One Thousand Pounds of Tobacco and Cask to be recovered by Action of Law One Moytie to the use of the County where the Offence shall be Committed and the other Moytie to the Informer But if Servants onely have the Rule of the Cannooe-Boat or Sloop they to receive corporal punishment of Forty Lashes but redeemeable by the Fine aforesaid provided alwayes that this Clause of the present Act for preventing intelligence to the Enemy do and shall continue in Force during times of War and no longer II. An Additional Act concerning Orphans Estates WHereas the sixty sixth Act of the Grand Assembly Holden at James City the 23d of March 1661. hath laid down several Rules unto the County-Courts for the management and securing the Estates of Orphans Now for as much as it hath been manifested to this Assembly that some Courts have endeavoured to dispose of some Estate of Orphans according to the Act have not found any persons willing to take and secure them in manner and form as that Law requires This Grand Assembly taking the same into their Consideration and desiring that such an expedient might be provided That in such Cases neither the Courts nor the Orphans may be prejudiced have thought fit that an Additional Act be made thereto Be it therefore Enacted By the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That it shall and may be lawful for the county-County-Courts county-County-Courts Authorized to dispose of Orphans Estates to dispose of Orphans Estates according to the best of their judgment and advantage of the Orphans In such Cases where the said Courts cannot find persons will take Orphans Estates according to the afore Recited Act. III. An Act concerning Tytheables born in the Country FOr the better discovery of what persons born in this Country are and ought to be accounted Tytheables and the ages of the younger sort the better known Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and by the Authority thereof persons appointed by the County-Courts shall take Lists of Tytheables That all persons who are appointed by the County-Courts to take the Lists of Tytheables each Countie shall take an account of all Negroe Mulatto and Indian Children within their several Precincts And the Masters or Owners of such Children are to make appear upon Oath or Evidence the ages of them And that all Negroe and Mulatto Children and Slaves that shall be born in this Countrie The Births of Negro and Muletto Children and Slaves born in Virginia shall be Registred shall by their Respective Masters or Owners within Twelve Moneths after their Births be Registred in the Parish Register with their exact Ages And in default thereof the said Master or Owner shall pay Leavie for them for that year and so yearly till such Register be made And it is further Enacted by the Authority aforesaid That all Negro Women born in this Countrie shall be accounted Titheables at sixteen years of age IV. An Act limiting how long accounts shall be Pleadable FOr the prevention and avoiding of many Suits and Controversies it hath seemed Convenient to this Grand Assembly to limit a time beyond which accounts may not be pleadable for as much also as there is a Law which admits no Bills pleadable after five years Be it therefore Enacted and Ordained and it is hereby Enacted and Ordained by the Governour Accounts shall not be pleadable after three years by persons living in this Country Council and Burgesses of this Grand Assembly and by the Authority thereof that accounts shall not be pleadable after three years by any person living in this Countrie And not after five years by any person that shall lay claim by accounts out of this Country this Act not relating any thing to the Act concerning accounts against dead mens Estates V. An Act concerning Servants Sold for the custom WHereas it hath been the Practice of divers Servants who have been sold for the custom of the Country after the departure of the Ship wherein they arrive And Persons who sold them to produce or pretend Indentures for shorter time Whereupon disputes have frequently arisen between the said Servants and their Masters for Prevention whereof for the future be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that every Servant who comes Inpresumable without Indenture and so sold for the Custom shall by his Master be brought before some Justice of the Peace to declare whether he hath any Indenture and if the Servant shall alledge he hath Indentures to be produced but cannot as then produce it the said Justice shall in the Case Assign him one Months time within which if the said Servant fail to produce it he shall be barred from his Claim by reason of any pretended Indenture whatsoever VI. An Act concerning Masters of Ships and Collectors Vide Act the third Anno 1680. VII An Act for Suppressing of Vagabonds and disposing of poor children to Trades WHereas some wholesome Laws and Statutes have by the Wisdom of several Parliaments of England been made and are in force as well for the Suppression of Vagrant and Idle Persons as setting the poor on work The neglect of which Laws amongst us hath encouraged and much encreased the number of Vagabonds idle and desolute Persons Be it Enacted and it is hereby Enacted and ordained by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof that the Justices of peace in every County do put the Laws of England against Vagrant Idle and desolate Persons The Laws of England shall be put in Execution aginst Idle and vagrant Persons into strict Execution And that the Respective County-Courts shall and hereby are authorized and Impowered to place out all Children whose Parents are not able to bring them up Apprentices to Trades Poor Children to be provided for The Males till one and twenty years of Age and the Females to other necessary Imployments until eighteen years of Age and no longer and the Church wardens of every Parish shall be strictly enjoyned by the Courts to give an account annually at their Orphans Courts of all such children within their Parish as they judge to be within the said Capacity VIII An Act for the apprehension and Suppression of Runaway Negroes and Slaves FOrasmuch as it hath been manifested to this Grand Assembly that many Negroes have been and still are out in Rebellion in sundry parts of this Country and that no meanes have been found for the Apprehension and Suppression of them from
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
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
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
prevention of future Trouble That all Lands held by former Patents of which there is no Record extant or to which there are no Rights annexed in the Records until the date of this Present Assembly Fumer Patets shall remain firm and valid although no Record thereof be extant shall for ever be held valid and firm according to the claims of the several Patents those defects being found to have happened by the neglect of the Clerk in those times in not making present entry of the Rights delivered to them and the Casualty of of two several Fires whereby many of those Rights with other Papers were destroyed the Assembly hereby rendring Thanks to Mr. Secretary for his care of preventing future trouble All Patents shall for the future be composed with the Record be some they pass the Office and requesting him to continue it in not suffering any Patent hereafter to pass the Office before the Rights are entered and the Patent compared with the Record XXII An Act commanding Law-Books to be provided for each County VVHereas for the better Conformity of the Procedings of the Courts of this Country to the Laws of England it appears necessary that for the better direction therein all the former Statutes at large and those made since the beginning of the Raign of his most Sacred Majesty that now is and some other esteemed Books of Law be purchased It is therefore by this Grand Assembly and the authority thereof accordingly enacted that all the aforesaid Statute-Rooks and Daltons Justice of the Peace and Office of a Sheriff and Swainbournes Book of Wills and Testaments be sent for by Mr. Auditor and paid for out of the two shillings per Hogshead and the like Books to be sent for by some of the Commissioners of the County-Courts for the use of the Respective Counties and paid for out of the County-Levy XXIII An Act Imposing Fines on Refractory Persons VVHereas the Officers of the Militia have Complained that divers Refractory Persons have in Contempt of authority impowering them and to the ruine of all Military Discipline refused to appear upon the days of exercise and other times when required to attend upon publick service It is enacted by this Grand Assembly Such as refus to appear on the days appointed for the exercise of the Militia fined an hundred pounds of Tobacco that every person neglecting to appear shall for every such Neglect be amerced and fined one hundred pounds of Tobacco to be disposed of by the Militia for the use of the Regiment And that the Commanders return of such Fines to the Sheriffs of the Respective Counties shall be sufficient Warrant in case of the Parties denial of payment to levy the same by distress Provided that if before the laying of the Levy the Party Amerced do shew to his Commander such cause of his absence as by the Commander shall be adjudged reasonable then the Party to be excused and the Fine not returned XXIV An Act for the better explanation of the 16th Act in the Printed Book VVHereas the sixteenth Act for Sheriffs to take Bail was misinterpreted and some words left out It is Enacted that for prevention of Mistakes in Courts of Judicature a Copy be transcribed out of the Original for Correction of mistakes of the Printed Book which followeth Be it also hereby enacted That all Sheriffs shall take sufficient Bail of all persons Arrested with this condition to bring forth the Party Arrested or perform the award of the Court and if they 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 lyable to pay the award of the Court himself Sheriffs neglecting to take Bail or consenting to the escape of the Prisoner shall pay the award of the Court shall be fined a 1000 l. of Tobacco if his consent to the escape be proved and shall also pay in case the Consent to the escape be proved one thousand pounds of Tobacco one half the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appears not to answer then Judgment shall be awarded against the Bail always provided that the Sheriff or Bail shall if he desire it have an Attachment against the Estate of the Party arrested and not appearing and further that if the Sheriff or Bail shall at the next Court to that which the arrest was made appear and bring forth the Body of the Party so arrested to answer the suit Then the Sheriff or Bail shall be acquitted from the Judgment past against them At a Grand Assembly held at JAMES CITY September 3. Anno 1667. I. An Act for Tobacco of Mary-land growth to be free from Duties WHereas there is an Order at present in force requiring that all Tobacco though of Mary-land growth shipped in Ships riding in any Harbour of Virginia should pay the Impost of two shillings per Hogshead and whereas at present the Inhabitants of the south-side of Virginia in Potomack River are inforced for their present necessity to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of Mary-land for which as is said they are to pay the like Duties of two shillings per Hogshead as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the authority thereof That for Relief of the said Inhabitants of Virginia who are otherwise likely to pay double Duties That no Tobaccoes of the growth of Mary-land though laden in Ships riding in any Harbour in Virginia shall be lyable to pay any Virginia Duties from the date of this Act until the first of October which shall be in the year of our Lord 1668. Nor after if the next Assembly find cause to continue it How long this Act shall continue in force and upon what conditions to be repealed Provided that if the Government of Mary-land do lay Impost upon Virginia-Tobacco shipped in Ships riding in their Harbour then this Act to be absolutely Void and Null and all Tobacco of Mary-land growth laden a board any Ship in Virginia to pay Duties as formerly Provided also that if any person shall fraudulently send on board any Ship in Virginia Tobacccoes of the growth of Virginia and pretend the same to be of the growth of Mary-Land intending thereby to defraud the Country of their Dues he shall forfeit the Tobacco so laden and concealed II. An Act declaring that Baptism of Slaves doth not exempt them from Bondage WHereas some doubts have arisen whether Children that are Slaves by Birth by the Charity Piety of the Owners made partakers of the Blessed Sacrament of Baptism should by vertue of their Baptism be made free It is enacted declared by this Present Grand Assembly and the authority thereof that the
as by reason of the late unhappy Rebellion all Judicial Proceedings were impeaded and hindred for the greatest part of the last year being the year of our Lord 1676. Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the Authority thereof and it is hereby Enacted That the year 1676. shall not be accounted as one year included and meant in the Statute of Limitations for Payment or Demand of Debts due by Bill Bond or Judgment or in the Clause and Proviso of Patents for Seating of Lands but that in those and such-like Cases the said year of our Lord be passed by and not accounted of for one of those years therein or thereby meant and mentioned XII An Act for Signing Executions on Judgments in the Assembly IT having been proposed in this Assembly how and by whom Executions issuing upon Judgments granted by the Grand Assembly shall issue and be signed Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly Executions on Judgments granted by the Assembly shall be drawn by the Clerk and signed by the Honourable Governour and the Authority thereof and it is hereby Enacted That all Executions issuing upon Judgments granted by the Grand Assembly shall be written and drawn by the Clerk of the Assembly and signed only by the Right Honourable the Governour his Honour being the Head of the Grand Assembly At a Grand Assembly begun at JAMES CITY the 25th of April Anno 1679. I. An Act for the Defence of the Countrey against the Incursions of the Indian-Enemy WHereas this Grand Assembly have taken into sad and serious consideration the sundry Murders Rapines and many Depredations lately committed and done by Indians on the Inhabitants of the Countrey and the great danger the Frontier-Counties are exposed to by the frequent incursions of Indians For prevention whereof Four houses for Stores and Garrisons ordered to be built at the publick charge and for the future security of the Country Be it Enacted by the Governour Council and Burgesses of this present Grand Assembly and the Authority thereof and it is hereby Enacted That four Houses for Stores or Garrisons be Erected and Built at the heads of the four great Rivers viz. At the head of Potomack-River Places where at Niapsco near Occoquan one store-house to be strongly built The Dimensions thereof and well covered to be sixty foot long and Twenty foot broad and one small house of ten-foot square strongly built for Ammunition both which to be built and paid for at the Publick Charge and that Major Isaack Allerton Collonel St. Legior Cod and Collonel George Mason take upon them to provide the several necessaries hereafter mentioned Necessaries to be provided for the said Store-houses and the persons appointed to procure the same for the said work and houses for which they shall be reimbursed by the Publick in the Respective Counties where they live that is to say eight thousand eight-penny-nails five thousand ten-penny-Nails four thousand Twenty-penny-Nails four Iron-pots of about eight gallons each with Pot-hooks four Iron-Pestles two Hair-Cifters course twelve Milk-Trays six Spades two Cross-cut-Saws six VVedges two broad Axes six falling Axes six Hilling-Hoes two drawing knives two Hand-Saws one Grindstone one Froe two Hammers six Gimblets two Augers one of an inch one of an inch and half two Files one Adz two Frying Pans two Stock-locks ten bushels of Salt and four washing-tubbs At the head of Rappahannack-River one Store-house or Garrison with a small House both of the demensions afore mentioned and that Major Lawrence-Smith do procure the several necessaries above mentioned for which he shall be allowed by the Publick in Tobaccoes in Glocester-County at the rate of Ten Shillings Per Hundred with Cask At the head of Mattapony at or above the Indian Towns one Store-house or Garrison with a small house for Ammunition of the demensions aforesaid and that Captain Richard Johnson do procure and provide the several necessaries above mentioned for which he shall be allowed by the Publick in Tobaccoes to be paid in New-Kent-County at the rate of ten shillings per hundred with Cask At the head of James River on the south-side above Captain William Birds one Store-house or Garrison with a small house for Ammunition of like demensions aforesaid and that Captain William Bird do procure and provide the several necessaries before mentioned for which he shall be paid by the Publick in Henrico-County And be it further Enacted by this Present Grand Assembly Every Forty Tythable shall be assessed to fit and set forth one Horse-man well Armed and the Authority thereof and it is hereby Enacted That every Forty Tythables within this Colony be assessed and oblieged to fit and set forth one able and sufficient man and horse with furniture well and compleatly Armed with a Case of good Pistols and Carabine or short Gun and a Sword together with two pound of Powder and ten pounds of Leaden Bullet or high Swan Shot and also that each Respective Forty Tythables do provide and send up to the said Store-houses five bushels of shell'd Indian-Corn and two bushels of Meal eighty pounds of good well salted Pork The Provision to be allow'd such Man and his Horse for four Months or one hundred pounds of good well salted Beef for four Months provision for such man and his Horse and so to supply him four months punctually And be it further Enacted by this Present Grand Assembly and the Authority thereof and it is hereby Enacted that immediately after the Publication of this Law the several Justices and Militia Officers of each County do Assemble themselves at some convenient place and consider of proportion and divide the Respective Tythables of their County into Fortyes which Forty Tythables so by them divided and appointed to find a Man Horse Arms The Militia-Officers of each County to Proportion a Division of the Tythables in their said Counties Ammunition and Provision as is before expressed shall either refuse neglect or be uncapable to fit out such Man and Horse Arms Provision and Ammunition in manner aforesaid that then the Justices and Militia-Officers of the said County do and they are hereby impowered to impress Man and Horse with Arms Ammunition and Provision as is beforesaid and send them to the said Store-house or Garrison and assess the said Delinquent Tythables the whole Charge thereof cause the same to be Levied and paid where the same shall be Due And be it further Enacted by this Present Grand Assembly and the Authority thereof and it is hereby Enacted that the Pay of each private Souldier or Trooper for his personal service shall be after the Rate of two hundred pounds of Tobacco and Cask per Month Private Soldiers Pay and so proportionabley for a greater or lesser time and for a Horse eighty pounds of Tobacco and Cask Per Month and so proportionably for a greater or lesser time and
they shall be Built ibid. The Dimensions thereof ibid. Necessaries to be provided for the said Store-Houses and the persons appointed to procure the same Page 230. The proportions of Men which the several Counties shall send to the Garrisons Page 233. Each Garrison shall be supplied with a good Boat and Oars Page 234. Four of the Neighbouring-Indians to each Garrison shall attend there ibid. Ammunition to be kept in Garrisons for store Page 235. An Act for the continuation of the several Fortifications and Garrisons at the heads of the Four great Rivers Page 257. Each Garrison to have Twenty Souldiers besides the Chief Commander Page 258. Persons intrusted to make Provision for the Souldiers belonging to the Garrisons ibid. Their Allowance ibid. Five Months Provision to be laid in for each Garrison Page 259. Grievances An Act for presentation and delivery of Grievances Page 273. Sheriffs of each County shall before every Session of Assembly appoint a time and place for receiving Presentments of Grievances Page 274. Such Presentments of Grievances shall be signed ibid. H. Hatts ALlowance by the Publick for Hatts made of Wooll or Furre of the growth of the Countrey Page 298. Hides and Skins Prices to be allowed for Hides Page 82. Hides not to be exported Page 83. Such as sell Hides for exportation fined 1000 l. of Tobacco for every Hide so sold Page 115. An Act prohibiting the exportation of Raw-Hides and Deer-Skins Page 274. Hides and Skins shall not be exported upon penalty of Forfeiture Page 285. Hogs Licences for hunting of Wild-Hogs Page 54. Stealers of Hogs shall pay Two hundred pound of Tobacco half to the Owner and half to the Informer Page 88. Or else shall serve two years one to the Owner and one to the Informer ibid. Hogs belonging to Indians shall have a particular mark signifying to what Town they belong Page 194. An additional Act for the better preventing Stealing of Hogs Page 236. Persons the Second time convicted of Stealing Hogs shall stand in the Pillory with their Ears nailed thereto ibid. And the third time shall be prosecuted as Felons ibid. Horses Stray-Horses Page 82. Stray-Horses Cattle c. shall within a Month after they are taken up be cried publickly in all the Churches and Chappels of the County Page 83. What is to be done in case the Owner be not found ibid. The Act levying Money on Horses for Encouraging the killing of Wolves repealed Page 131. No Horses or Mares to be exported upon penalty of Seizure Page 162. I. Impositions IMposition of Two Shillings upon every Hogshead of Tobacco shipped for Exportation Page 90. Imposition of 10 s. per Hogshead Page 93. Inhabitants of this Countrey trading on Bottoms belonging to Virginia-Owners freed from payment of the 10 s. per Hogshead Page 94 An Imposition of 2 s. per Hogshead upon Tobacco exported Page 112. Upon default of payment to be confiscated Page 113. The Imposition of 10 s. per Hogshead repealed Page 134. Who are exempted from the payment of Two Shillings per Hogshead Page 260. Impress The price for the Hire of things Impressed shall be ascertained Page 223. VVages allowed to men impressed for the Publick or County-Service ibid. Rates allowed for Horses impressed ibid. Horses dying or being killed or disabled in the Countries Service the Justices and Militia-Officers may Impress others in their room Page 231. Indians Acts concerning the Indians Page 96. No Englishman shall make purchase of any Lands now justly claimed or actually possessed by the Indians Page 97. No Injuries shall be done to the Indians ibid. The Indians shall be assisted in making a Fence ibid. Poor Indians permitted to Fish for Oysters and gather wild Fruits provided they come not Armed Page 98. None shall buy or receive any Commodities of the Indians without Licence ibid. Differences arising in Trading with the Indians shall be referred to the Governour ibid. No person shall Imprison an Indian King without Licence from the Governour and two of the Council Page 99. Indians shall not come within the Bounds of the English without Badges ibid. Indian Kings who are Tributary to the English shall acquaint them of any Invasion they know of intended by any strange Indians upon this Collony Page 100. Penalty of harbouring Run-away-Indians ibid. None shall entertain any of the Neighbouring Indians for Servants without Licence from the Governour Page 101. None of the English shall entertain Indians without Badges Page 120. Whosoever shall sell Arms to the Indians shall for the first offence be fined 10000 l. of Tobacco and for the second be prosecuted as a Felon Page 132. An Act concerning Murthers committed by the Indians Page 134. The Weromance or Chief Commander of the Indians shall be chosen by the Governour of Virginia Page 135. None shall entertain Indians without Licence from the Governour ibid. Indians and Negroes may buy their own Natives but not Christians Page 168. Indians permitted to come into Henrico-County Page 174. Trade permitted with the Indians Page 217. At what places and times Marts or Fairs shall be held for Trade with the Indians ibid. Hâ—w long such Marts or Fairs shall continue ibid. Penalty upon such as shall Trade with the Indians at other places or times than is appointed Page 218. Account shall be taken of what is bought and sold at such Fairs ibid. Indians resorting to the said Marts or Fairs shall not come Armed Page 219. An Act for Defence of the Countrey against the Incursions of the Indians Page 229. An Act Licensing a Free-Trade with the Indians Page 270. The time the said Act shall continue in force ibid. An Act concerning Indians made October 20th 1665 re-inforced Page 277. Indian-Slaves c. though afterwards converted to Christianity shall continue Slaves still Page 283. Indian-Women Servants Tythable Page 284. The Act of the 8th June 1680 for preventing Insurrections of the Indians appointed to be read publickly in all Churches and Chappels of Ease twice every year Page 285. No person shall permit an Indian or Slave not belonging to him to continue upon his Plantation above four hours at a time without leave of the said Indians or Slaves Master ibid. Informers The Informer shall have the half of all Fines Page 123. Interpreters made to the Countrey Page 104. Iron not to be Exported upon penalty of Forfeiture Page 285. Judgments 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 Page 45. Judgment upon return of Non est Inventus Page 107. Juries Juries shall be chosen out of the Neighbourhood Page 20. The manner of proceeding by Juries in Cases Criminal ibid. What allowance Jury-men shall have for their Charges ibid. Juries appointed as well in County Courts as in the General Court Page 30. Grand Jury shall in each County twice in the year make Presentments Page 31. Delinquency of Grand Juries Fined Page 214. Justices of the Peace In what case a