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
evidently appear to the Court that it is justly due to him XLVIII Apprisement of Goods BE it Enacted for the equal Aprisement of Goods seized by Execution That the Plaintiff and Defendant shall choose each of them two indifferent Men for that purpose and in case of disagreement the said four or three of them shall chuse an Umpire which Umpire so chosen shall be sworn by the next Commissioner to apprize such Goods indifferently and his Umpirage to be final Goods seized by whom they shall be appraized And be it further Enacted That if Plaintiff or Defendant shall neglect to appoint Apprizes within three days after Execution is served notice being given them by the Sheriff to whom the Execution was directed that then the Sheriff in such case of neglect shall chuse and appoint Apprizers either for the Plaintiff or Defendant for apprizing the Goods by him seized upon Execution as aforesaid And be it further Enacted Goods shall remain in the Plaintiffs possession till after Appraisement That before such Aprizement the Sheriff shall not remove the Goods out of the Possession of the Plaintiff and the surplusage if any be returned to him but after Apprizement made as aforesaid the property to vest in the Sheriff for the use of the Creditor to whom the Sheriff shall give notice that he may take them into his own possession And because there can be no Averment against a Record it is further Eenacted That the Sheriff make return of the Execution to that Clerk of the County that granted it by him to be entered upon Record under the Order it was issued upon that so the Satisfaction as well as the Judgment may be authentickly proved if occasion require Whereas the Act for the relief of poor Prisoners hath What persons shall have the benefit of the Act made for relief of poor prisoners contrary to the intent thereof been extended to Men of all Capacities and by that means an inconsiderable part of their Estates or at least unprofitable to him whose dependance is Tobacco according to his agreement forced for satisfaction Be it therefore Enacted That henceforth every Debtor under Execution for Debt shall be detained in Prison until he hath paid the Debt in kind but that real poor Men laid under Execution for a Debt under One thousand Pounds of Tobacco shall still have liberty by part of their Estate by some Justice of the County indifferently assigned and by Apprizers summoned by the Sheriff and sworn equally to apprize the said Estate shall make Payment thereof to their Creditor and redeem their Persons XLIX No Commissioner Clerk or Sheriff to be Attorneys in the Court where they officiate No Commissioner Clerk or Sheriff shall be Attorney in that Court wherein he officiates BE it Enacted That neither Sheriff Commissioner Under-Sheriff or Clerk of any Court within this Collony shall be permitted to plead as an Attorney in any persons behalf in the Court wherein he officiates and the said Commissioner Sheriff Under-Sheriff or Clerk offending herein shall for every Default be fined One thousand Pounds of Tobacco The Court may notwithstanding permit a Commissioner to plead a poor mans cause to the use of the County Provided always That if any poor person not able to plead his own Cause shall request the Court to assign him one of the Commissioners to plead for him it shall be lawful for the Court to grant it and for the Commissioner to plead accordingly but the Councellor Commissioner c. so pleading the poor mans Cause not to give Judgement therein Provided also That any Commissioner Sheriff Vnder-Sheriff or Clerk acting as General Attorney for any persons absent out of the Countrey or County and negotiating their Affairs and so liable to be sued for their Imployers such persons notwithstanding this Act shall have liberty also to Plead and Prosecute in any Cause that shall any way concern their said Imployers L. Publication of Writs for Election of Burgesses WHereas frequent Complaints are made by the People that they have no notice of the time appointed for the Election of Burgesses and by that means are deprived of giving their Voices in the Election of their own representatives Writs for Election of Burgesses shall be read publickly in Churches Be it Enacted henceforward That the Sheriffs of the respective Counties shall upon the Receipt of the Writs cause Copies thereof with the day appointed for the Election endorsed to be sent to the Minister or Reader of every Parish in their County who is to read the same to the People two Sundays successively both in the Church and Chappel of Ease to it belonging to the end that no person may pretend Ignorance and return the same to the Sheriff with his attestation subscribed that he hath published the same according to the tenor of this Act which Attestation shall be sufficient to discharge the Sheriff from blame but if the Sheriff neglect to send Copies as aforesaid then to be fined Two thousand Pounds of Tobacco to the use of the County Freemen neglecting to givc their Votes at Elections of Burgesses shall be fined 200 l. of Tobacco and every Freeman after such Publication made neglecting to come and give his Vote at the day appointed for Election shall be amerced Two hundred pounds of Tobacco to the use of the County And be it further Enacted That if the Sheriff shall not before the day of the Return make his due return of the Writ with the names of the Burgesses endorsed into the Secretaries Office at James City the said Sheriff so neglecting shall be Fined Two thousand pounds of Tobacco to the Publick LI. Publick Levies to be first paid BE it also Enacted That no Sheriff shall where he receives Tobacco of any Person indebted for his Levies and also for Fees and other debts due to himself or any other Officers and not paying the whole in kind by which means for part thereof distress must be made shall presume to convert the Tobacco in kind to his own or any other use and force the Countrey Creditor to accept of the Distress or stay for his Debt Debts due to the publick shall be first paid but that all Debts due to the Publick be first paid and the Tobacco in kind paid to the Creditor of the publick whose reputation is by these Evasions often vilified and that the Sheriff making Default herein shall be fined Ten thousand pounds of Tobacco to the use of the publick upon proof thereof made in any Court of Record in this Countrey LII The Sheriff upon the instance of the Treasurer or his Deputy to collect the Quit Rents Quit Rents shall be collected by the Sheriff and shall be paid in Tobacco or Money ANd be it further Enacted That the Sheriff being his Majesties immediate Officer shall upon the instance of his Majesties Treasurer or his Deputy here be compelled to receive all such Quit Rents as the said
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
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
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
or Attorneys so Licenced as aforesaid take demand or receive from any persons for any cause in the general court Five hundred pound of Tobacco the Attorney Fee for pleading a Cause in the General Court and 150 for every cause in County-courts and bringing the same to Judgment more then five hundred pounds of Tobacco and Cask and for any cause in the County-court and bringing the same there to Jugdement more then one hundred and fifty pounds of Tobacco and Cask and it is hereby declared and enacted that every Attorney or Attorneys shall have for every cause he undertakes in the general court five hundred pounds of Tobacco and Cask and for every cause he undertakes in the County-court one hundred and fifty pounds of Tobacco and Cask which he may Lawfully claim without any Pre-agreement made with the parties for the same and be it further Enacted by the Authority aforesaid and it is hereby Enacted that all such Attorney or Attorneys that shall refuse to plead any cause in the general court for the aforesaid ascertained Fee of five hundred pounds of Tobacco and Cask shall forfeit and pay to the person grieved five hundred pounds of Tobacco and Cask after Legal conviction on due proof thereof made to be Recovered by due Process of Law Fine laid on Attorneys Refusing to plead for the Fee aforesaid and upon Refusal of any cause in the County-Court shall pay to the party grieved one hundred and fifty pounds of Tobacco and Cask after legal conviction as aforesaid to be Recovered by due process of Law Any Person may notwithstanding plead his own cause Provided always that this Act or any clause therein shall not extend to debar any man that is capable of pleading and managing his own cause in any the said general or County-courts but that he may be permitted and allowed to plead and manage his own business any thing in this Act to the contrary notwithstanding VII An Act Ascertaining the time when Negro-Children shall be Tythable WHereas it is deemed too hard and severe that children as well Christian as Slaves imported into this Colony should be lyable to Taxes before they are capable of working Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that all Negro Children imported or to be imported into this Colony shall within three months after the publication of this Law or after their arrival be brought to the County-Court where their Age shall be adjudged of by the Judges holding Court and put upon Record which said Negro or other Slave so brought to Court Adjudged and Recorded shall not be accounted Tythable until he attains the age of twelve years Negro Children imported shall not be accounted Tythable till 12 years of Age. any former Law Usuage or Custom to the contrary notwithstanding And be it further enacted by the Authority aforesaid and it is hereby enacted that no Christian Servants imported into this Country And Christian Servants Imported not till they are 14. shall be Tythable before they attain to the age of fourteen years any former Law Usage or Custom to the contrary notwithstanding VIII An Act Licensing a Free Trade with Indians BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly that all former Acts of Assembly Restraining Limiting and Forbidding Trading with Indians be and stand hereby Repealed and they are hereby Repealed and that henceforth there be a free and open Trade The time this Act shall continue in force for all persons at all times and places with our friendly Indians and that this Act continue in force until the end of the next Sessions of Assembly IX An Act ascertaining Allowance for Cask BE it enacted by the Kings most excellent Majesty and with the consent of the General Assembly and it is hereby Enacted that from and after the Publication of this Law the allowance of Cask for Publick County and Parrish-Levys and for Clerks and Sheriffs Fees be eight per Cent. and no more Allowance of Cask for Publick and County Levys c. shall be eight per Cent. and no more and that all Sheriffs or other Collectors of the same shall allow the Planter or others eight per Cent. for his Cask as aforesaid upon Penalty of paying for refusing so to do one hundred pounds of Tobacco to the Party grieved and to whom he shall deny such allowance on due proof thereof made to be recovered by action of Debt in any Court of Record or before one single Justice of the Peace if the same exceed not Two Hundred Pounds of Tobacco X An Act for preventing Negroes Insurrection WHereas the frequent meeting of considerable numbers of Negro-Slaves under pretence of Feasts and Burials is judged and deemed of dangerous consequence for prevention whereof for the future Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid that from and after the Publication of this Law it shall not be lawful for any Negro or other Slave to carry or arm himself with any Club Staff Gun Sword or any other Weapon of Defence Negroes shall not go armed nor depart from off their masters ground without Certificate or offence nor to go or depart from off his Masters Ground without a Certificate from his Master Mistress or Overseer And such permission not to be granted but upon particular and necessary occasions and every Negro or Slave so offending not having Certificate as aforesaid shall be sent to the next Constable who is hereby enjoyned and required to give the said Negro twenty lashes on the bare back well laid on and so sent home to his said Master Mistress or Overseer Resistance of Negroes or any other slaves punished and it is further enacted by the Authority aforesaid That if any Negro or other Slave shall presume to lift up his hand in opposition against any Christian shall for every such Offence upon due proof made thereof by the Oath of the Party before a Magistrate have and receive thirty lashes on the bare back well layed on And it is hereby further enacted by the Authority aforesaid that if any Negroe or other Slave shall absent himself from his masters service and lye hid and lurking in obscure places committing injuries to the Inhabitants shall resist any person or persons that shall by any lawful authority be imploied to apprehend take the said Negroe that then in case of such resistance Fugitive-Negroes resisting such as are imployed to apprehend them may be killed it shall be lawful for such person or persons to kill the said Negroe or Slave so lying out and resisting and that this Law be once every six months published at the Respective County-Courts and Parish Churches within this Colony XI An
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