Actions to fill with that number It being unreasonable That the Governour and Council should wait a week for a stragling 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 Warrants may be served to the General-Court at any time if there be ten days between the Arrest and Return that is the day mentioned in the Writ to appear 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 beten days between the Serving. XXI Courts to sit from Eight to Eleven of the Clock in the Forenoon from one to three after Noon BE it also further Enacted That the Court shall each day sit from Eight of the clock till Eleven in the fore-noon and from One to Three in the afternoons And for avoiding all Errors that may happen in the draught for the Orders by the Clerk either through his mis-apprehending the sense of the Court or the partial Information of any person concerned which he being distracted with the multiplicity 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 Plaintiffe and Defendant if they will be present when Rule will be given by the Court for amendment of Errors if any be before they be entred upon Record and the Plaintiffe or Defendant if they have any new matter of plea shall then have liberty to plead it in Arrest of Judgement And the Orders thus publiquely read and confirmed shall be 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 Plaintiffe to file his Declaration three days before the day of Hearing 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 Plaintiffe file his Declaration in the Office at least three days before the day of Hearing in which time the Defendant may take a Copy there of 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 Plaintiffe 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 liveth within fifty miles of James-City one hundred and fifty pounds of Tobacco for a Non-suit and if he dwell further off then three hundred fifty pounds of Tobacco beside his Amercement to the Publique 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 Amerciament of one thousand pounds of Tobacco laid upon him by Act for not making Returns Provided that the Bail and Sheriffe have respit 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 Amerciament awarded against the Sheriff to continue and not to be remitted XXIII Adjournment to the two last days for Determination of References by Avisare Volumus or Actions erected 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 dayes of the Court. And whereas some cases of difficulty may be presented upon which the Court may desire to advise Be it therefore Enacted that assoon as the Court hath sat so many dayes as are filled with Actions it shall be adjourned to the two last dayes of that Court and what-ever the Court hath referred by their Avisare Volumus and all Actions entred in Court-time as aforesaid shall be then tryed and determined XXIV Criminal Causes to be tryed at the General Courts WHereas men of the greatest abilities both for Judgement and Integrity do usually meet at the General-Courts whither their â—ccasions 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 tryed at the General Courts only the fourth day of the said Courts and because the Laws of England do enjoyn Juries to be chosen out of the Neighbourhood where the fact was committed according to which the remoteness of our habitations doth not admit us so fully to practise as we desire yet that we may come to them as near as possibly 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 Sheriffe 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 neerest of the Inhabitants of his County to that place where the fact was committed to be of the Jury for Tryal of that cause returnable the said fourth day of the next General-Court where the said Jury-men are bound to appear 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 WHereas 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 Accompt 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 that the Governour Commissionate two of the Council for every River yearly in August to
shall immediately subscribe them seal them and the Writ up and return them with the Writ so sealed up to the Clerk of the General-Court if the Writ issue from the Governour or else to the Clerk of the County-Court whence the Warrant issued by either of the said Clerks to be Read at the time of the Tryals of the Cause in either of the said Courts XXX Penalties for non-appearance of Evidence BE it also Enacted That the Penalties to be inserted in Subpaena's to the General-Courts for Non-appearance of the Evidences summoned be One thousand pounds of Tobacco and for like default of the County-Courts Three hundred and fifty pounds of Tobacco And that all Witnesses summoned to give in their Evidences at either of the said Courts 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 untill they have given in their Evidences Forty pounds of Tobacco per day And because many malitiously 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 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 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 alwayes of the Quorum are to be impowred 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 Peace there And be it further Enacted That these persons thus Commissionated 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 styled County-Courts And further that the Justices do keep the said Courts precisely upon the dayes appointed by this and former Acts of Assembly viz. 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 the 15 day Elizabeth-City the 18 day Warwick-County the 21 day Yorke-County the 24 day Northampton the 28 day New-Kent the 28 day Gloucester the 16 day Lancaster the Rappahanocke the Surry the Northumberland the Westmerland 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 signifie 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 Subpaena's 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 pounds of Tobacco to be levyed upon the Sheriff that shall presume to serve any Process contrary to the tenor hereof And be it Enacted That the Plaintiff in any Action shall at least the day before the Court enter his Bill of Complaint 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 alwayes 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 transferring the Presidents to Posterity as also for prevention of new Suits upon mistake of the grounds of Orders That as the Plaintiff both in general-General-Courts and county-County-Courts files his Declaration so the Defendant in both those Courts shall also put in his Answer in writing and that the Judgment if for the Plaintiff 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 style of the Court Proclamation for silence the Cryers calling the Plaintiff 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 impowred to hear and determine And whereas many vexatious persons do very much trouble the Courts and their Neighbours for brabling words sometimes passionately but not malitiously spoken â—e it therefore Enacted That no Action be admitted for Defamation in any Court Action of Defamation 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 Plaintiff 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 brawles forced to wave matters of greater consequence And because Offences of this nature may be determined by a particular Justice who is hereby impowred 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 tend to the apparent dammage of divers of the Inhabitants of this Countrey Be it therefore Enacted That no Private-Courts be kept but that all business tryable or grantable by or at the County-Courts be tryed and granted in open Court at the times and places by
it hereby enacted 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 Pound of Tobacco and be answerable for escapes as aforesaid and that the person breaking Prison shall according to the said Act of the 3d of Novemb. 1647. be adjudged a Felon and that no Person under Execution for Debt or imprisoned for Felony shall have the benefit of the Rules and all other persons having the benefit of the Rules shall be secured and lye in Prison every night at the peril of the Sheriff 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 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 Plaintiff shall be ordered to pay the Debt as in case of Escapes XLIV Sheriffe to be chosen in the Commission FOrasmuch as the Commissioners of County-Courts are by the Laws of this Countrey answerable for the Levies and Estrearments of each County of which the Sheriff is usually the Collectors 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 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 unto him And be it further Enacted That no Under-Sheriff shall execute the Office of Under-Sheriff in the same County above one year Provided alwayes That the Sheriffs of James-City who are more immediate Officers then any other to the General-Courts and the Publique shall be left to the Governour 's free choice And further That if the Governour see cause for the better promoting any of his Majesties especial 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 WHereas 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 endammaged Be it therefore Enacted 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 dayes at least before the day of the Return of the Writ in the General-Court and two dayes 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 That all Sheriffs shall take sufficient Bail of all 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 Sheriffe shall be lyable 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 Publique 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 Alwayes 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 not 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 Attachment by a former Act hath been usally granted when perhaps neither the Sheriff nor his Officer have been at the Houses of the Defendants to the great damage and disparagement of the said Defendant by having his Goods Attached Be it therefore Enacted That henceforth the Sheriff or his Officer shall declare upon one of their Oaths that he hath been at the House of the Defendant 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 evidently appear to the Court that it is justly due to him XLVIII Apprisement of Goods BE it Enacted for the Equal Apprisement of Goods seized by Execution That the Plaintiff and Defendant shall chuse each of them two indifferent men for that purpose and in case of disagreement the said four or any three of them shall chuse an Umpire which Umpire so chosen shall be sworn by the next Commissioner to apprise such Goods indifferently and his Umpirage to be final And be it further Enacted That if Plaintiff or Defendant shall neglect to appoint Apprizers 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 That before such Apprizement 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
the Families to the Clerk of the Assembly the first or second day of every September-General-Court LIV. What persons are Tithable WHereas several Disputes have been made of what persons were Tithable It is hereby enacted and declared That all Male persons of what age soever imported into this Country shall be brought into the Lists and be lyable to the payment of all Taxes And all Negro's Male or Female being imported shall be accompted Tithable And all Indian-servants Male or Female however procured being adjudged sixteen years of age shall be likewise Tithable From which none shall be exempted but such Christians only as are either Natives of this Countrey or are imported free by their Parents or others who shall not be liable to the payment of Levies untill they be sixteen years of age or such others as by particular Acts of Assemby are exempted LV. Counsellors and ten persons to be exempted out of the Levy BE it Enacted That each Councellour of State for this Countrey shall be freely exempted from all Publique Charges and Taxes for themselves and ten of their Family the Ministers and Church-duties excepted And further that all Ministers officiating in any Cure of this Country shall for their attendance on the General-Courts and Assemblies be exempted themselves and six of their Family from paying any Publique Taxes And further that all persons that came into this Countrey at the last coming in of Sir Thomas Tates shall have their own persons exempted from paying of any Publique Taxes Church-duties excepted and also from their personal service in the Warrs LVI Artificers not planting Tobacco freed from payment of the Levy AND whereas all persons Artificers and others are forced to neglect their Trades and to plant Tobacco meerly for the payment of their Levies Be it Enacted That what Artificer or Handicrafts-man soever will imploy himself and Servants only about their Trades and not plant any Tobacco at all every such Artificer and Handicrafts-man so following his Trade and not planting Tobacco either by himself or servants shall for his encouragement be exempted from paying any Levies either for himself or servants for the term of three years except it be for the Ministers dues and Church duties Provided alwayes that if any person claiming the benefit of this Act shall directly or indirectly at home or abroad plant or tend or cause to be planted or tended any Tobacco contrary to the intent of this Act or hire out his servant or servants to others to plant or tend Tobacco he shall be censured to pay double Levies for himself and all his Tithables to the use of the County LVII Counsellours to raise a Levy WHereas the necessary charge of the Country doth enforce the raising of an Annual-Levy which being commonly done by an Assembly the charge of which doth most times equal if not exceed all other Taxes of the Country Be it therefore Enacted That the Governour and Councel in September 1662. shall have power to raise and proportion a Levy to defray the Country debts and Salaries allowed by the Assembly and such other Debts also as they shall find justly and necessarily due according to the number of Tithables Provided the whole amount not to more then Twenty pounds of Tobacco per poll And this Act to continue for three years unless some urgent occasion present in the mean time of calling an Assembly And that the Levy may be truly proportioned Be it enacted further That every Clerk of a County-Court transmit the Certificate of the number of Tithables in his County to the Secretaries Office in every September-Court LVIII No Arrests to be made on the Sabbath-dayes WHereas it hath been the frequent practice of Sheriffs and their Officers for their own ease and benefit to repair to the Churches and other places of Publique meetings on purpose to serve Warrants and Executions and other Writs by which means men in danger of Arrests have been deterred from the service of God and the King Be it Enacted That no Sheriff nor his Officer shall from henceforth execute any Writ or Warrant upon any person or persons either upon the Sabbath-day or upon the day of Humiliation for the death of the late King of blessed memory or upon the dayes appointed for thanksgiving for his Majestie 's happy Inauguration and for the Deliverances of this Countrey from the two Bloudy Massacres nor at the times of General Musters or Election of Burgesses Provided alwayes 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 suspition 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 Cattel and Hogs of several Inhabitants of this Countrey It is therefore Enacted for the encouragement 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 Publique 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 impowred before the admission of any Sheriff into his Office to take such security of him as they shall think fit and sufficient to save themselves harmeless for the Receiving and Discharging all Publique Duties whether Quit-Rents Levies or Officers Fees committed to his charge of Collection and for the due performance of his Office Provided that no Commissioner shall be liable but such as were of the Commission when the Defect was made LXI Judgement before Commissioners BE it enacted That the voluntary confession and acknowledgement 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-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
declare upon his Oath the true value cost and quantity of the Drugs administred for which the Court shall grant order against the Plaintiff with fifty per cent advance and such consideration for his eare visits and attendance as they shall judge he hath deserved and if it shall appear by Evidence that the said Physician or Chirurgion hath neglected his Patient while he was under cure the Court shall censure him to pay so much as they in their discretion shall think reasonable XCIII Chirurgions Accounts pleadable after decease of the Party WHereas by Act of many Assemblies no Accounts are pleadable against dead mens Estates whereby many scruples have been made about the Accounts of Physicians and Chirurgions who cannot possibly take Bill Be it therefore enacted That Physicians and Chirurgions Accounts shall be pleadable and recoverable for means administred and Pains taken in the time of Sickness whereof the Party dies and where the Patient recovers Six Months after such recovery and no longer XCIV Discounts to be made in Courts BE it enacted for the avoiding many causeless Suits in Law That where any Suit shall be commenced in any Court for a Debt that if the Defendant have either Bill Bond or Account of the Plaintiff's wherein he proves the Plaintiff Debtor such Debt of the Plaintiff shall be discounted out of the Debt he claimeth of the Defendant and judgment shall be given for no more than the ballance of the Debt will amount to Consideration being alwayes made of the times their several Debts have been due and accordingly allowance made for the time And because it many times happens that the Defendants in such cases do procure Bill or Accounts of the Plaintiff's from other men which he perhaps can discount with those to whom he passed such Specialty or Account It is therefore enacted That no Bill or Account being assigned over shall by the Assignee be pleadable against the Debtor in such Bill or Account unless the Assignee can prove that he gave the Debtor notice before his Acceptance of the Assignment and that the Debtor at that time pretended to no discount against it XCV Accounts against dead Mens Estates WHereas too sad experience hath shewed that Accounts against the Estates of Persons deceased have often unjustly devoured the Estates and brought the Wives and Children to poverty and ruine And whereas as well the Laws of England as of this Country permit not any thing to be pleadable against any Person that cannot wage his Law which Executors and Administrators are utterly uncapable of Be it therefore enacted That no Book-Debts or Accounts shall be henceforth pleadable against the Estate of any Person deceased nor against any living if the said Person shall upon his Oath deny the same to be due unless they be such Accounts as by particular Acts of the Assembly as Officers Fees Levies and Chirurgions Accounts are pleadable neither shall any man be put to his Oath upon at Ordinary-Keeper's Account but the said Ordinary-Keeper's shall take the hand of any Person calling for any Drink or Provision to his Book or else his Bill or otherwise his Debt shall not be pleadable XCVI Ballancing Accounts of Deceased Persons ANd whereas divers men being indebted to others upon account may be induced to deliver Goods to them or their Assigns in ballance yet take no Receipt which Account upon the Death of either Party may be brought by his Executors or Administrators against the Survivor of which he cannot upon his Oath deny the Receipt yet that Account though justly ballanced before is often recovered by this Act prohibiting Accounts against dead mens Estates yet leaving Liberty to their Executors or Administrators to sue for an Account due to the Estate of the Person Deceased Be it therefore enacted That accounts against a dead mans Estate being sufficiently proved shall be admitted in discount of an Account due to such dead mans Estate but if the Account brought against the Estate exceed that due to the Estate the Survivor for the Overplus shall be dismissed without day Provided also that where the Party charged as Debtor to any one shall refuse upon his Oath to deny the Account brought against him except an Ordinary-Keeper's which it is impossible to keep in memory or any part thereof the Court shall take the Account to be due as by Confession and shall give Judgment for so much thereof as he shall not deny as aforesaid XCVII Ordinary-Keepers how to sell WHereas continual Complaints are made of the Exaction of Ordinary-Keepers and Others in the Rate and Measures of Strong-Drink by them retailed and sold Be it enacted That no Person after the first of March One thousand six hundred sixty and three shall sell or vend by retail any Wine Beer or other Strong-Drink of what sort soever by any Measures but English sealed Measures of Pints Ouarts Pottles or Gallons and that every one that now doth or hereafter shall keep any Ordinary shall by the said First of March 1663. provide such Measures to sell by in his House and in case he fail shall be put down from keeping any Ordinary and fined Five thousand pounds of Tobacco to the use of the Publick Provided alwayes that it shall be lawful for them to sell English Strong-Waters coming over in cases by the Bottle in the same Bottles they bought them And for preventing many Disorders and Riots in Ordinaries and other places where Drink is retailed Be it enacted That no Person or Persons whatsoever shall in their Houses retail any Drink but such as shall obtain a Licence from the Commissioners of the County where he lives signed by the first in Commission of that Court by giving Bond according to the Laws of England and further obliging himself to sell at the Rates set by the Commissioners and to pay annually to the Governour Three hundred and fifty pounds of Tobacco and Cask for his Licence XCVIII Servants how long to serve WHereas the Thirteenth Act 1659. doth enact That all Persons brought as Servants into this Country of what Christian Nation soever they be should serve no longer than our own Nation which is five years if above sixteen years of Age if under until One and Twenty as by the Thirtieth Act of the said Assembly appears and in regard the said Thirteenth Act doth contrary to Law look backward and set free several Servants Aliens purchased upon a former Act of Assembly made the Fourth of _____ 1654. Be it therefore enacted That all Aliens and Others coming in while that Act and the others are in force shall serve according to those Acts and that for the future all the aforesaid Acts shall be repealed and all Servants hereafter coming in without Indenture shall serve Five Years if above Sixteen Years of Age and all under that Age shall serve until they be Four and Twenty Years old that being the time limited by the Laws of England and that the several Courts at the request of the Master
sit Judges in all the County-Courts and there hear and determine all causes then depending in them by Action or reference from any other preceding 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 WHereas 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 that for the avoiding delayes 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 Itinerary-Councellours in their Circuit From whose sentence it 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 Tryal 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 It is Enacted That all appeals made from October December and other Intervening county-County-Courts be made to the next succeeding general-General-Court and from thence to the Assembly And because there may be as great Errors of Judgement or Will in matters of small value as in the greatest It is further Enacted That Appeals shall lie open as aforesaid for any thing of what value soever alwayes Provided that the Appellant put in good Security for prosecuting the Appeal and payment of Fifty per cent Damages to the Defendant if the Appellant be cast in the Suit for his unjust molestation Provided also that no Appeals be made from Northampton-County whose remoteness and dangerousness of Passage is such as is not for inconsiderable causes to be attempted under the value limited by former Acts of Assembly being Three thousand pounds of Tobacco or Thirty pounds sterling any thing in this Act to the contrary notwithstanding And be it further Enacted That all causes of what value or nature soever not touching life or member may be tryed at the County-Courts and that no Arrest be made to the General-Court in any Action under the value of Sixteen hundred pounds of Tobacco or Sixteen pounds sterling upon penalty of Five hundred pounds of Tabacco to be paid by the Plaintiff to the Defendant for his Charges XXVII Amerciaments in the General-Courts Fifty pounds of Tobacco per Cause in County-Courts Thirty per Cause WHereas many Suits are raised upon frivolous occasions by litigious persons for prevention thereof for the future Be it Enacted and confirmed That all persons whatsoever that are cast in any Cause be they Plaintiffs or Defendants shall be Amerced besides the Dammages and Costs to the Recoverers Fifty pounds of Tobacco in the General-Courts to the use of the Publique and in the County-Courts Thirty pounds of Tobacco for the maintenance of the Commissioners For the due Collecting whereof Be it Enacted That the Clerks of the General-Courts and the several County-Courts keep an exact Accompt of the Amerciaments and deliver or send the same to the several Sheriffs of the particular Counties who are hereby required to Collect the same with the Levies and are accordingly impowred for default of payment to make distress and commanded not to return any Arrears Executors and Administrators who cannot pay without orders alwayes excepted XXVIII Subpaena's to be Issued by the Clerk BE it also Enacted That the Clerk of the General-Court shall issue Subpaena's from the Secretaries Office for all Evidences required in the tryal of any Cause there depending if the Witnesses required do not dwell beyond the Bay or the North-side of James-River And if they do that then a Dedimus Potestatem shall issue for taking the Deposition in the County or Counties where the Witnesses do dwell Provided alwayes That in Criminal-Causes all Witnesses be bound over to give in their Evidences vivâ voce at the tryal in the General-Court XXIX Dedimus Potestatem how to issue WHereas many Causes between parties and parties are lost for want of Evidence who living so far remote cannot but at a charge and expence farr exceeding the value of the Cause be brought to give it vivâ voce at the General-Court or at the County-Courts if the party dwell out of the County or else a greater mischief is introduced by the partial and illegal Examination of Witnesses in presence of but one party before some one Commissioner perhaps too favourably inclined to the party in whose behalf the Depositions are taken besides the trouble expence and hinderance of the Witnesses themselves who many times are forced One hundred Miles from the place of their Residence for a small allowance to give Evidence in tryals of petty and inconsiderable values For remedy whereof and that all parties may with more convenience less trouble and cost have their Evidences impartially and legally taken Be it Enacted and confirmed That if the Cause be to be Tryed at the General-Court the Governour if in any County-Court any one of the Council or the Judge of the Court shall grant and sign a Writ of Dedimus Potestatem for Examination of Witnesses in the Counties where they dwell directed to three such persons as the Plaintiff and Defendant if they both desire the Writ shall by consent make choice of and nominate But if it be the single request of either Plantiff or Defendant then the Governour Councellour or Judge of the County-Court out of Court-time shall nominate and appoint three or more such indifferent persons to examine all such Witnesses as by the party desiring the Writ they shall be moved to summon before them And to this end the Commissioners thus made choice of or appointed to execute the Writ or any two of them shall by the said Writ be impowred and required to appoint a time and place when and where they will receive the Evidences and to issue out Subpaena's for their appearances accordingly and if upon such Summons any of the Witnesses refuse or neglect to come and give in their Evidences then the Commissioners or any two of them be further impowred by this Act to lay such a fine upon them as the Act of Assembly gives in such cases for non-appearance of Witnesses at the General or County-Courts Provided alwayes That the parties procuring the Writ shall give the party concerned against him notice of the time and place when and where the Commissioners intend to sit at least ten dayes before the day appointed by the said Commissioners for putting it into Execution And Be it further Enacted That the said Commissioners or any two of them which take the said Examinations
Law appointed Provided alwayes that it shall and may be lawful for the dispatch of Merchants and other Sea-affairs which cannot without much prejudice and detriment to the said Merchants or Masters be deferred till the Courts in course should come It is Enacted That it shall be lawful for any Justice of the Quorum by his Warrant directed to the Sheriff to call a particular Court and to summon any person or persons before them XXXVII Tryals by Juryes WHereas the Seventieth Act made in 1642. and continued by the Ninety-first Act 1657. seems to restrain both Plaintiff and Defendant from Trial by Juryes unless the Plaintiff in his Declaration or the Defendant upon Entry of his appearance do desire the same which restriction is quite contrary to the Law of England by which the Tryal of all matters of Fact is as appropriate and inherent in the Jury as matter of Law is in the Judges for which cause and that we may in all our Tryals come as near as may be to the Laws of England by which we are to be governed as our present capacities will admit Be it enacted That every Morning the Court sits whether the General or County-Courts the Sheriff of the County in which it sits shall impannel a Jury to attend the Court that day to try such Causes as the Court shall find proper to be referred to them and that whenever a Jury is sent our an Officer sworn to that purpose shall keep them from meat and drink until they have agreed on their Verdict XXXVIII Grand-Juryes to present Offenders WHereas the several Laws constituted and made for the redress of several Misdemeanors and Offences either through the remisness of the County-Courts or the Justices that keep the same or else through the defect of the Laws in not appointing some peculiar Officers to look narrowly after the Offenders and to make presentment thereof to the said Justices at their County-Courts by which means the Laws themselves are slighted and contemned and become wholly useless and ineffectual Be it therefore enacted and confirmed That Juryes of Inquest be impanelled and sworn in every County to enquire of the breach of all Penal Laws in their several Counties and that they make presentment thereof to the several County-Courts twice yearly viz. in April-Court and December-Court when the Justices are to receive them and find them according to Law and to take for evidence the presentment of the Jury if made upon the certain knowledge of any of them or otherwise the Parties that inform the Jury to give their Evidence to the next Justice in presence of the Party presented which Deposition being produced by the Jury with their Presentment shall be sufficient ground for the Court to pass Judgment against the Offenders XXXXIX Pillories to be erected at each Court WHereas many Offences are punishable by the Laws of England and of this Country with Corporal Punishments for executing whereof no such Provision hath been made as the said Laws require Be it therefore enacted that in every County the Court cause to be set up a Pillory a pair of Stocks a Whipping-Post neer the Court-House and a Ducking-Stool in such place as they shall think convenient that such Offenders as by the Laws are to suffer by any of them may be punished according to their demerits and the Court not causing the said Pillory Whipping-Post Stocks and Ducking-Stool to be erected within six Months after the Date of this Act shall be fined Five Thousand Pounds of Tobacco to the use of the Publick XL. Fines to be disposed of by the Assembly WHereas divers Trespasses against the Publick are punishable by Fines which are by the present Law to be disposed of to the use of the Counties in which the Trespass is committed and yet nothing done for the good of any County as was intended whereby it may be presumed that the said Fines are either not gathered whereby the Trespassers by this lenity and impunity are encouraged to persist in their Contempts of the Laws or else the said Fines are by some evil Commonwealths-men perverted to their private uses For prevention whereof for the future Be it enacted That the Courts shall only lay and collect the Fines and that they cause the Clerk of their respective Courts to keep an Account thereof and to return the Estreatments to the Clerk of the Assembly at James-City by the Third of the General Court held there in March yearly And it is further enacted that the said Clerk of the Assembly do annually attend accordingly during the time at the place aforesaid to receive them and at the next Assembly to present them to the Burgesses who are to order the disposal of the said Fines as to them shall seem most necessary for the good and benefit of the several respective Counties wherein they accrewed due always proportioning to every County the use of all the Fines which were levied therein XLI Supersedeas by whom and how grantable WHereas the Writ of Supersedeas hath of late been too frequently granted upon slight pretences of errour in the Court thereby not only injuriously delaying Justice and keeping men from their Just Dues but also bringing Calumnies and Aspersions upon the Courts themselves Be it therefore enacted That no Supersedeas whatsoever shall hereafter be granted but by the Governour and two of the Council nor by them unless the Party desiring it make it probably appear to them that there is Error in the Judgement and shall then also give good security to make good his Plea and if he be cast at the next General Court to pay the Principal with Five and Twenty per Cent. Damages besides Costs XLII Prisons to be built in each County WHereas the First Act of the Assembly held at James-City the third of November 1647. and continued by the Assembly held there the Third of March 1657. for prevention of escapes for Prisoners hath enacted That sufficient Prisons should be built in each County and that an House built after the form of a Virginia-House our abilities not extending to build stronger should be accounted a sufficient Prison and that any Person being a Prisoner for Debt or Crime and breaking one of those Prisons should be proceeded against as a Felon and that neither Court Commissioner nor Sheriff should be answerable for such escape And whereas the Sixty first Act of the Assembly held at James-City the said Thirteenth of March 1657. makes the several Counties not building such Prisons lyable to the Sheriff for the Escape of any Person committed to his Custody which Acts have for want of a Penalty never been put in Execution for want whereof Felons may escape and Debtors for want of due Restraint delay alwayes 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
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 Enacted That the Sheriff make return of the Execution to that Clerk of the County that granted it by him to be entred upon Record under the Order it was issued upon that so the Satisfaction aswell as the Judgment may be authentiquely proved if occasion require Whereas the Act for the Relief of poor Prisoners hath 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 have 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 BE it Enacted That neither Sheriff Commissioner Under-Sheriff or Clerk of any Court within this Colony 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 to the use of the County Provided alwayes 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 Counsellor Commissioner c. so pleading the poor man's cause not to give Judgment therein Provided also That any Commissioner-Sheriff Under-Sheriff or Clerk acting as General Attorney for any persons absent out of the Countrey or County and Negotiating their affairs and so lyable 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 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 Sundayes 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 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 publique LI. Publique Levies to be first paid BE it also Enacted That no Sheriff shall where he receives Tobacco of any person indebted for his Levyes 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 others use and force the Countrey-Creditour to accept of the distress or stay for his debt But that all debts due to the Publique be first paid and the Tobacco in kind paid to the Creditour of the Publique 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 Publique 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 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 Treasurer or his Deputy shall give him order to receive in his County and that the said Quit-Rents be paid as the Levies in the direct specie of Tobacco or Money and that no particular Fees or Debts be preferred before them under like penalty as for the payment of other Debts before the Levies LIII List of Tithables how to be taken WHereas the fraud of Sheriffs in bringing in the Lists of the Tithables hath very much augmented the Taxes of the Countrey Be it Enacted That for the better discovery of the number of Tithables each County shall be divided into several Precincts in each of which a Commissioner shall be by the Court appointed to take a List of the Tithables to be brought or sent in under the hand of the Master of every Family of the names and number of Tithables he hath in his Family and if he bring in a false List the said Master shall pay treble duties for every person so by him concealed And be it further Enacted That the said Commissioner give publique notice in Writing to be read and set up at the dore of the Church or Chappel of Ease of the Precincts he is to take accompt of and of the day he will receive them Provided the day be before the Tenth of June at farthest at which time every person neglecting to bring in his List as aforesaid shall be adjudged a Concealer and pay accordingly and every Commissioner failing in giving notice neglecting to take the List conniving at others concealment or not giving a true List of his own Tithables shall also pay treble duties as aforesaid And be it further Enacted That every Commissioner in August-Court following shall deliver the Accompt so taken by him and the Subscriptions of the several Masters of Families to the Clerk of the County-Court who shall return an exact List of
of Execution shall issue forth LXII Persons removing into the Bay FOr avoiding of Creditor's 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 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 License to depart Provided alwayes 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 And be it further enacted That if any Person or Persons shall before or after Certificate obtained as aforesaid remove of transport any Cattel out of the County he dwelled in without notice given to four of the nearest Inhabitants who are hereby required to take especial notice of the Ear-Mark and Colour of the Cattel 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 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 lyable to the payment of all the Debts and Engagements of the Party transported being due at the time of his Removal LXIII English Weights and Measures WHereas daily Experience sheweth that much fraud and deceit is practised in this Colony by false Weights and Measures for prevention thereof Be it enacted that no Inhabitant or Trader hither shall buy or sell or otherwise make use of in Trading any other Weights or Measures then are used and made according to the Statute of _____ in that case provided And for discovery of Abuses Be it further enacted 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 or 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 tryed and all Persons selling by other Weights or Measures not fâ—â—led and tryed 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 the Commissioners shall make default of producing such Weights Measures Scales and Staâ—â—â— 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 impowred to grant Probates of Wills 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 Administration 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 other 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 WHereas Commissioners 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 Partie's Decease Be it therefore enacted That no Administratition be granted until Nine Months after the Partie's Decease except to the Widdow or Child and then to be immediately granted the said Widdow 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 ease the said Widdow 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 Widdow 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 following But in case the Decedent die without Widdow or Child then it is enacted That the estate for the better improvement thereof be sold by the Court at an Outcry and the Purchasers all putting 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 if he appears or if none prove himself such within three years then the Court to give an Accompt 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 Widdow or
make inspection and judge of their Age. XCIX Against Secret Marriage WHereas much loss and detriment doth arise to divers Masters of Families by the secret Marriage of Servants the said Servants through that occasion neglecting their works and often purloining their Master's Goods and Provisions Be it therefore Enacted That no Minister either publish the Banes or Celebrate the Contract of Marriage between any Servants unless he have from both their Masters a Certificate that it is done with their consent and the Minister doing otherwise shall be fined ten thousand Pounds of Tobacco and the said Servants both Man and Woman that shall by any indirect means procure themselves to be marryed without consent of his and her Master shall for such their offence each of them serve their respective Masters one whole year after the time of service by Indenture is expired And if any person being free shall clandestinely marry with a Servant as aforesaid he or she so marrying shall pay to the Master of the Servant Fifteen hundred pounds of Tobacco or a years Service and the Servant so being marryed shall abide with his or her Master the time by Indenture or Custom and a year after as aforesaid C. Against Fornication FOr restraint of the filthy sin of Fornication Be it Enacted That what Man or Woman soever shall commit Fornication he and she so offending upon proof thereof by Confession or Evidence shall pay each of them five hundred Pounds of Tobacco five to the use of the Parish or Parishes they dwell in and be bound to their good behaviour and be imprisoned till they find security to be bound with them and if they or either of them committing Fornication as aforesaid be Servants then the Master of such Servant so offending shall pay the said Five hundred pounds of Tobacco as aforesaid for which the said Servant shall serve half a year after the time by Indenture or Custom is expired and if the Master shall refuse to pay the Fine then the Servant to be whipped And if it happen a Bastard Child to be gotten in such Fornication then the Woman if a Servant in regard of the loss and trouble her Master sustains by her having a Bastard shall serve two years after her time by Indenture is expired or pay two Thousand pounds of Tobacco to her Master besides the fine or punishment for committing the offence and the reputed Father to put in security to keep the Child and save the Parish harmless CI. Hired Servants WHereas divers persons that by Indenture Custom or After-Contracts for Wages being Servants to several men do many times run away to Plantations faâ—r Remote and there being unknown procure Entertainment with others for wages or shares to the great damage and sometimes utter undoing of their true Masters and also of those that ignorantly entertain them by paying the fine For prevention whereof for the future and for the better discovery of such Runawayes Be it Enacted That all Servants at the Expiration of their time shall with their Master or a sufficient Testimonial from him go to the Court in that County where he served and there enter his Freedom and take Certificate thereof from the Clerk of the said Court which Certificate shall be sufficient Warrant for any person to entertain him into his Service And whoever after his first time by Indenture is expired and Certificate thereof taken out as aforesaid shall again upon any tearms become Servant to another the Master then hiring the said Servant shall take his Certificate of Freedom and keep it until the time contracted for be expired and whoever shall entertain or harbour any Servant or hired Free-man running away from his Masters service and not having a Certificate as aforesaid shall pay to the Master of the said Servant Thirty pounds of Tobacco per day and night for all the time they shall harbour or entertain them Provided That if such Run-away Servant shall forge a Certificate or steal the true one from the Master he is hired to and by that means procure himself Entertainment the person entertaining him shall be free from the Fine but the Servant stealing or forging the Certificate shall be punished for his forgery by standing in the Pillory two hours upon a Court-day and if any person coming free into the Countrey shall by any Contract agree with one person and before the time agreed for be accomplished shall depart to another he shall first perform the Tenor of his Contract first made and pay the apparent damages that shall arise by his breach of Covenant and shall after that satisfied be lyable to the payment of what damages any other Contractor with him shall recover of him by Law And in regard the Certificates of Freedoms may be worn out and lost and by those means now ones be required It is further Enacted That every Clerk upon such pretence granting a new certificate shall mention in that the loss of the first and that for that cause this second was issued CII Run-awayes WHereas there are divers loitering Run-aways in this Country who very often absent themselves from their Masters-Service and sometimes in a long time cannot be found the loss of their time and the charge of the seeking them often exceeding the value of their labour Be it therefore Enacted That all Run-awayes that shall absent themselves from their said Masters Service shall be lyable to make satisfaction by service after the times by Custom or Indenture are expired viz. double their time of Service so neglected and if the time of their Running away was in the Cropp and the charge of recovering them extraordinary the Court shall adjudge a longer time of service proportionable to the damage the Master shall make appear he hath sustained And because the adjudging the time they should serve is often referred until the time by Indenture is expired when the proof of what is due is very uncertain Be it Enacted That the Master of any Run-away that intends to take the benefit of this Act shall assoon as he hath recovered him carry him to the next Commissioner and there declare and prove the time of his absence and the charge he hath been at in his Recovery which Commissioner thereupon shall grant his Certificate and the Court on that Certificate pass Judgment for the time he shall serve for his absence And in case any English Servant shall run away in company of any Negro's who are incapable of making satisfaction by addition of time It is Enacted That the English so running away in the company with them shall at any time of service to their own Masters expired serve the Masters of the said Negro's for their absence so long as they should have done by this Act if they had not been slaves every Christian in company serving his proportion and if the Negro's be lost or dye in such time of their being run away the Christian Servants in Company with them shall by proportion among