prosecuted at the Charge of the County but most by those Counties where the Offenders dwelt or the Fact was committed for avoidance of which Charge it is probable that many Lewd Livers by a too favourable Censure escape their deserved Punishments Be it therefore Enacted by the Grand Assembly and the Authority thereof That where the person committed hath Estate sufficient to defray the Charge of his Prosecution the Publick or County shall not be charged but the whole paid out of the Delinquents Estate and the Publick and County only then liable to satisfie where no Estate or not sufficient can be found and discovered XIV A Dispensation for Lower Norfolk to ship their Tobacco a private Act. XV. An Act repealing the Acts of Encouragement WHereas the Prudence and Care of the Publick Good in former Assemblies thought fit for the Advance and Promotion of Trade Manufactures and Staple Commodities in the Countrey to grant out of the Publick certain Encouragements for Building of Vessels making of Silk Cloth c. By which means divers people being induced to put the same in practice have by their success made evident demonstrations how beneficial the same will be This Assembly in hopes that all People now convinced of the Profits accruing thereby will of their own accord vigorously prosecute those apparent profitable designs Have therefore for the ease of the Publick Taxes thought fit to Enact and by this Grand Assembly and the Authority thereof All Acts of Encouragement repealed except the Act releasing the Imposition of 2 s. per Hogshead to the Inhabitants rf this Collony it is Enacted That all Acts of Encouragment of Silk Building of Vessels or any other things else henceforth be generally and totally Repealed and Void except the Act for release of the Impost of two Shillings per Hogshead to Inhabitants of this Countrey adventuring in Vessels belonging properly and solely to Virginia-Owners according to the 134th Act of Assembly And moreover That the Act for not planting Mulberry-Trees which every one intending to make Silk now voluntarily propagate be also repealed and made void XVI An Act for Millers to Grind according to Tourne WHereas divers Owners and Keepers of Publick Mills in this Country do refuse to Grind Corn according to Tourne for the Reward and Toll already set and appointed by Act Be it enacted by this Present Grand Assembly and the authority thereof that what person soever Master Owner or Lessee of any Mill shall refuse to grind as aforesaid shall be fined and amerced One Thousand Pounds of Tobacco for every such offence And if the Miller so refusing be a servant he shall be punished at the discretion of the County-Court where the offence shall be committed and complained of unless the said servant can prove that what he did was done by order of the Master which Fine shall be recovered by any person injured by Action of Debt in the Court of that County where the offence was committed XVII An Act Including Sheep in the 77th Act. WHereas the seventy seventh Act concerning the Insufficiency of Fences prohibits any injury to be done to several sorts of Beasts and Cattle amongst which Sheep are not Included It is hereby enacted Sheep Comprehended in the Act concerning insufficiency of Fences that from henceforth Sheep shall be comprehended in the said Act and dammages recovered for any injuries done to them by vertue of the Act aforesaid as for other Cattle is there provided XVIII An Act Ascertaining Dammages upon Protested Bills of Exchange WHereas it appears that many Bills of Exchange drawn upon persons in England by people resident in this Country in confidence that the Goods by them sent might produce effects sufficient to satisfy them which expectation being frustated sometimes by the miscarrying of the Ship sometimes by not sail of the Goods or pretence thereof by the Parties on whom they were drawn causes the said Bills to be protested and by the great dammage of thirty per Cent. Dammages upon protested Bills of Exchange shall not exceed 15. per Cent. given by Act against the Party that charged them is found to tend too much to the detriment and prejudice of the Inhabitants of this Country It is therefore enacted by this Present Grand Assembly and the authority thereof that from henceforth the dammage upon Bills of Exchange protested shall not exceed fifteen per Cent. and that the former Act giving thirty per Cent. be hereby repealed and made void XIX An Act declaring that no Justice shall take Fee VVHereas there is an Act intended for the Relief of poor people that Causes not exceeding the value of twenty shillings sterl or two hundred pounds of Tobacco might be determined by a Justice of the Peace without further suit and whereas Complaint hath been made that some of the Justices have contrary to the good intent of the said Act exacted Fees from the Parties coming before them for Justice to a greater value then the thing sued for amounted to It is enacted by this Grand Assembly the Authority thereof that it shall not be lawful for any Justice of the Peace to receive of any person any Fees for any Cause or Matters brought before him or determined by him XX. An Act declaring what is meant by Seating of Land VVHereas there is in all Pattents a provisional Clause for Planting or Seating the Land therein granted within three years but never yet by any Law declared what was meant by that Clause Building a house and keeping a stock one whole year upon Land shall be accounted sufficient seating thereof nor what should be accounted sufficient Seating or Planting This Grand Assembly for the better explanation thereof have declared and enacted and by the authority thereof do enact and declare That building a house and keeping a stock one whole year upon the Land shall be accounted Seating and that clearing Planting and Tending an Acre of ground for one year shall be accounted Planting and that either of these shall be adjudged as a sufficient performance of the condition required by the Patent and that after such Planting or Seating the Land as aforesaid and continuance of paying the Quit-Rents no Land shall be adjudged to be deserted XXI An Act concerning Imperfect Pattents VVHereas the Honourable Thomas Ludwell Esquire hath Informed the Assembly that he finds in the Records many Patents for great parcels of Land for which there appears not any Rights upon Record of them extant upon which the Assembly taking the Premises into serious consideration and also the great trouble and prejudice that may ensue to divers honest Inhabitants of this Country in asserting their Titles though in truth never so good yet by these neglects of the Clerk rendered in strictness of Law altogether invalid for Remedy whereof the Governour Council and Burgesses of this Present Grand Assembly have enacted and it is by the authority thereof Enacted and Ordained that for preservation of all Present Tytles and
conferring of Baptism doth not alter the condition of the person as to his Bondage or Freedom That divers Masters freed from this doubt may more Carefully endeavour the propagating of Christianity by permitting Children though Slaves or those of greater growth if capable to be admitted to that Sacrament III. An Act of encouragement for Erecting Mills WHereas it would conduce much to the Convenience of this Country both for grinding of Corn and nearer Roads if Mills were erected at convenient places which divers persons would willingly do if not obstructed by the perverseness of some persons not permitting others though not willing themselves to promote so publick a good It is enacted by this present Grand Assembly and the authority thereof Two Commisioners may be impowered by the County-Court to appoint conveninient places whereon to erect Mills that if any person willing to erect one or more Mills upon convenient places hath Land only on one side the said place and the Owner of the Land on the other side refuse to let him have an Acre of Land to the use aforesaid That then the Countie-Court upon request of the Party so refused shall order and impower two Commissioners or such other Credible Person as they shall think fit to view the said Land And if it take not away housing or Orchards or other immediate Conveniences then to vallue the said quantity of Land and to put the same into the possession of the Party building the said Mill or Mills he paying the consideration the Land is valued at And it is further enacted Also for building of Churches or Court-houses that the like liberty shall be granted for two Acres of Land and no more for erecting Churches or Court-houses Provided that in case of desertion of any Structure the Land shall revert to the first Proprietor he paying what he received for it IV. An Act for Roads to Houses VVHereas the dispatch of Business in this Country is much obstructed for want of Bridle wayes to the several houses and Plantations It is Enacted by this Grand Assembly and the authority thereof that every person having a Plantation Convenient passage for Man and Horse shall be made to every Plantation shall at the most plain and convenient place that leads to his house make a Gate in the Fence for the Convenience of passage of Man and Horse to his house about their Occasions at discretion of the Owners V. An Act against Exportation of Corn. Vide Act 3. Anno 1675 6. VI. An Act for Rating of Ordinary-Keepers Vide Act 10. Anno 1676. VII An Act for Forts to be built in each River Vide Act 2. Anno 1668. and Act 1. Anno 1672. At a Grand Assembly held at JAMES CITY September 17. 1668. I. An Act for Establishing a Fast WHereas the many Sins of this Country may justly provoke the Anger of Almighty God against us and draw down his Judgments upon us unless diverted by a timely and hearty Repentance The Governour Council and Burgesses taking the same into their serious consideration have enacted and do by these Presents enact That the 27th day of August next be set a part for a day of Humiliation hereby strictly requiring all persons on that day to repair to their Respective Parish-Churches with Fasting and Prayer to Implore Gods Mercy and deprecate the Evils justly impending over us And be it further enacted that if any person or persons in contempt hereof shall be found on that day Gaming Drinking or Working works of necessity excepted he or they so offending upon Presentment of the Churchwardens and proof thereof made to the Vestry shall be fined one hundred pounds of Tobacco half to the Informer half to the poor of the Parish And it is further enacted that all Ministers in the Parish where they reside be required to repair themselves to the solemnizing that day II. An Act for dispensation of Ship riding under the Forts WHereas the Act for erecting Forts enjoynes all Ships trading into this Country to ride within the command of the Forts now erected for security of the said Ships in times of War and Danger and since God hath restored to us the Blessing of an Universal Peace by which the necessity occasioning that injunction is taken away The Governour Council and Burgesses of this Grand Assembly for the ease and convenience of the Inhabitants and Traders have enacted and by these Presents do enact That Licence and Liberty shall be and hereby is granted to all Merchants and Masters of any Ship or Vessel that already is or hereafter shall come into any River of this Country Ships permitted to Ride in any part of the River where they may most conveniently unload to ride with their Ships in any part of that River they shall make choice of for better dispatch of their Affairs and this permission to continue in force until the Governours Honour find just cause to command the contrary III. An Act concerning Dammages in Appeals WHereas the present Act about Appeals seeming to take care only of the dammages sustained by Creditors in actions of Debt is difficult in prescribing a Remedy upon actions in the Case Trespass c. By which impunity litigious persons do more boldly persist in stirring up and prosecuting malitious and unjust suits to the great trouble vexation and dammage of many honest men and the breach of His Majesties Peace for Redressing whereof It is enacted by the Governour Council and Burgesses of this Grand Assembly Costs and Dammages given in County-Courts upon Appeal to the General Court if cast there shall be raised 50. per Cent. and the authority thereof That in all actions the dammages costs and reasonable expences of suit recovered against the Appellant in the County-Court by Judgment or Verdict of a Jury shall have fifty per Cent. raised upon all those costs and dammages in the General Court or Assembly if Appeal be made to the General Court against the person Appealing if cast in the suit IV. An Act about Correction of Runaways WHereas it hath been questioned whether Servants running away may be punnished with corporal punishment by their Master or Magistrate since the Act already made gives the Master satisfaction by prolonging their time of Service Corporal punishment may be inflicted on Runaways It is enacted and declared That corporal punishment moderately inflicted on a Runaway-Servant by Master or Magistrate shall not deprive the Master of the Satisfaction allowed by the Law the one being as necessary to reclaim them from further persisting in that idle course as the other is just to repair the Damages sustained by the Master V. An Act Impowering County-Courts to build Work Houses assisted by the Vestry Vide Act 10. An. 1666 VI An Act permitting the Exportation of Horses and Mares WHereas the numbers of Horses and Mares is so increased that there appears not any occasion to continue the Restraint of their Exportation It is enacted by this Grand
be borne and allowed by the Publick and for the lessening the charge heretofore brought for transporting provisions and the better and more sure providing the same Be it Enacted by the Authority aforesaid that each Souldier be allowed such Proportions of Corn and Meat as is set down in the before recited Law and that Collonel William Bird as undertaker in this Present Assembly do forthwith begin and all along continue from four months to four months Persons intrusted to make Provision for the Souldiers belonging to the Garisons to provide and furnish the provision and Corn for the Garrisons and Souldiers at the head of James River and deliver the same so convenient to the Garrisons as that the same may be conveniently secured and fetcht in by the Souldiers thereof without further charge to the Country Their Allowanâ—â— For which Provisions he the said Colonel William Bird shall be paid and allowed by the publick after the rate of two Thousand pounds of Tobacco and Cask per Annum for each Souldier at the said Fort and that Captain John Langhorn as Undertaker in this present Grand Assembly make like Provisions and delivery thereof for York River Fort and have like pay from the publick and that Robert Beverly as Undertaker in this present Grand Assembly make like Provisions and Delivery thereof for Rapahannack River Fort and have like pay from the publick and that the Rules in the former Law be observed for providing Provisions for Potomack Fort and because by Reason of the Poverty of this Countrey the number of Souldiers appointed for each Garrison at the Countreys charge is so few and that in all likelyhood there may be found emergent Occasion to Reinforce each Garrison with one or more Souldiers his Excellency is humbly Requested as he shall see cause from time to time to place in each Garrison such Number of his Majesties Foot-souldiers now in the Countrey as from time to time shall be thought fit and needful and for such Souldiers so placed their Allowance of Provisions shall be from time to time made and provided at the Countrys charges as is proportioned and allowed for the other all such Souldiers being furnished and supplyed with his Majesties Arms and Ammunition and provided with their own Bedding to be carryed to such Garrison at the charge of the countrey and to the end such Provisions as aforesaid may be always ready and at hand it is hereby Enacted by the Authority aforesaid that every Undertaker hereby and herein in this Act nominated do for the first four Months and for every other succeeding four Months provide and lay in for each Garrison five Months proportionable Allowance and also from time to time furnish such other quantities proportionable and for each such Supernumerary Souldier as shall be sent according to the time such Souldiers shall be continued there Five Months Provisions in each Garrison and as the said Undertakers shall from time to time receive Notice thereof and Direction for the same from each Respective Commander in chief for such Garrison as he hath Undertaken for and for such Provisions he shall be paid by the publick according to the Rates before mentioned Provided always and his Excellency is desired if he see cause to draw off ten of the Souldiers from each Garrison for the ease of the Country supplying the same with ten of his Majesties Souldiers at each Garrison and such ten to have the Horses Arms and Furniture of those that shall be withdrawn V. An Act for Cohabitation and Encouragement of Trade and Manufacture THis present General Assembly having taken into their serious consideration the great necessity usefulness and advantages of Cohabitation in this his Majesties Colony of Virginia and observing and foreseeing the great extremities his Majesties Subjects here must necessarily fall under by the present and continued Lowness of the price of Tobacco the only Commodity and Manufacture of this Countrey if the same be not by all prudential wayes and means prevented and considering that the building of Store-houses for the reception of all Merchandizes imported and receiving Securing and laying ready all Tobaccoes for exportation and for Sales and disposal of all Goods Merchandizes and Tobaccos imported or exported into or from this his Majesties Colony of Virginia will be one great means of advancement thereof do pray your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majestie by and with the Consent of the General Assembly and it is hereby Enacted by the Authority aforesaid Fifty Acres of Land in each County shall be set apart to Erect Store-houses upon for the use of the said County that thereby within two Months next and imediatly after publication hereof in every respective County within this his Majesties Colony fifty Acres of Land purchased by the Feoffees of the several Counties at the rates herafter set down and measured about laid out and appointed for a Town for Store-houses c. for such County as is hereafter set down and Expressed that is to say Places in each County where the said Store-houses shall be built In Henrico County at Verina where the Court-house is In Charles-City County at Flower-de-hundred over against Swynyards In Surry County at Smiths Fort. In James-City County at James-City In Isle of Wight County at Pates-field at the parting of Pagan Creek In Nanzemund County at Collonel Dues Point alias Huffs-point In Warwick County at the mouth of Deep Creek on Mr. Mathew's Land In Elizabeth-City County on the West-side Hampton River on Mr. Thomas Jarvis his Plantation where he now lives In Lower Norfolk County on Nicholas Wise his Land on the Eastern Branch of Elizabeth River on the Entrance of the Branch In York County on Mrs. Redds Land where the Shipp Honours Store was including the Low Beach for Landing Wharfes c. and the Old field where Webber dwelt for Cohabitation In new Kent County at the Brick-house along the high Land in the old field from Marsh to Marsh In Glocester County at Tindalls Point on Tindalls Creek side on John Williams his Land In Middlesex County on the West-side of Ralph Wormleys Esquire his Creek against the Plantation where he now lives In Rappahannack County at Hobbs his hole In Stafford County at Peace point at the mouth of Aquia on the North-side In Westmorland County at Noming on the Land of Mr. William Hardridge In Accomack County at Colverts Neck on the North-west-side at the head of Anancock Creek In Northampton County at the North-side of Kings Creek beginning at the mouth and so along the Creek on the Land belonging to Mr. Secretarys Office In Lancaster County on the North-side Corotomen River against the place where the Ships ride on a point of Land belonging to Mr. Edward Carter about a quarter of a mile up the Creek which divides Mr. Thomas Chewnings and the Court-house In Northumberland County at Chickacony And Be it forther Enacted by the
Authority aforesaid and it is hereby Enacted That the price to be paid by each County for each respective Fifty Acres of Land nominated as aforesaid shall be ten thousand pounds of Tobacco and Cask which summ the Owner or Owners thereof shall be and are hereby constrained to accept What price the County shall pay for the said fifty Acres of Land take and receive as a full and valluable price and consideration for the said Land for ever and for which he shall pass and acknowledge an authentique Deed in Law to such person or persons his or their heirs and assignes for ever as shall be nominated by the Justices of the County-court as Feoffees in trust and to and for the use of the County And for Encouragement of all and every such person and persons as will build a dwelling House and a Ware-house thereupon every such person and persons shall have assigned him or them by the Justice or Justices of the County Feoffee or Feoffers in the Deed named or in case of the Death or absence of one or more of them then by such other as shall be appointed by the Court Encouragement to such as will build a Dwelling house on the aforesaid Land one half Acre of the said Land in Fee-simple he paying to the County one hundred pounds of Tobacco and Cask and building such Dweling-house and Ware-house thereupon as by this Act is enjoyned and in case any person shall desire more then one half Acre that then there be assigned him one half Acre more in manner aforesaid he building thereupon one other Dwelling-house and one Ware-house and paying the County one hundred pounds of Tabacco and Cask for the same And it is hereby further Enacted that every such person or persons as shall desire and purchase such Lands as aforesaid and shall not begin to build thereupon within three Months after such purchase and so continue to the finishing such building as by this Act is enjoyned shall forfeit all such Tobaccos and Land the same to revert to the County so as to be Sold and assigned to any other person or persons desiring the same on the prices Conditions aforesaid And it is hereby further Enacted that the Surveyor or Surveyors appointed to lay out the said fifty Acres in the several appointed places Surveyors of the said Land shall be paid by the Publick Their Allowance be paid and allowed by the Publique according to Act of Assembly and that every Surveyor for Laying out every Dividual half Acre and giving a Plot thereof shall be paid by him that shall imploy him twenty pounds of Tobacco and Cask and no more And such Surveyor as upon timely notice given him shall refuse to survey and lay out the same or shall demand more then what is herein allowed upon due proof thereof made shall pay to the party agrieved five hundred pounds of Tobacco to be recovered by Action of Debt in any Court of Judicature And be it further Enacted by the Authority aforesaid and it is hereby Enacted that all Tobaccoes whatsoever which shall be made within this his Majesties Country from and after the first day of January next ensuing All Tobaccoes and other Goods and Merchandizes what ever of the growth of this Colony to be exported shall be brought to the places aforesaid and all other Goods and Merchandizes whatsoever of the growth of this Colony to be Exported shall be brought to the said appointed places where all such Tobaccoe and all Goods and Merchandizes whatsoever of the growth or production of this Colony are to be bought sold Shipt off and freighted and whosoever shall presume to Buy Sell freight or Ship off any Tobacco or other Goods and Merchandizes aforesaid next after the time aforesaid before the same is brought to such appointed places upon due proof thereof made shall forfeit and lose all such Tobacco or other Merchandizes whatsoever one half to his Majestie and the other half to the informer any Law Usage or Custom to the Contrary notwithstanding And all Goods Wares English Servants Negroes and other Slaves and Merchandizes whatsoever that shall be imported into this Colony Goods Imported shall be Landed and sold there from or after the 29th Day of September which shall be in the year 1681. shall be landed and laid on shoar bought and Sold at such appointed places as aforesaid and at no other place whatsoever under like penalty and forfeiture thereof Provided alwayes that it shall and may be Lawfull for any person whatsoever to have liberty to buy and Sell between themselves any Horses Mares Cattle Horses Cattle English graine c. and other Provisions excepted Sheep Corne English graine or any other manner of provisions whatsoever and also liberty to carry Hides to the Tanners where the Tan-houses are any thing in this Act to the contrary notwithstanding And to prevent Exactions that may be used by Sloop-men who must necessarily be imployed to bring the said Tobaccoes to the said appointed places and for the Owners of Ware-houses for Storage thereof it is hereby Enacted that the Owner of the Tobacco bringing the same to the Waterside where it is to be taken on Board Prices appointed for sloop-hire from the said Warc-houses shall pay for Sloop-hire no more then Twenty Pounds of Tobacco and Cask for each Hogshead if the said Tobaccoes be within thirty miles of the said Ware-house to which it is to be brought and at what distance soever further forty pounds of Tobacco and Cask for each Hogshead and no more upon penalty of forfeiting one hundred pounds of Tobacco and Cask for each Hogshead by him who shall demand receive or take more to the use of the Party grieved and for Storage of any Hogshead of Tobacco in any Ware-house the Owner thereof shall pay to the Ware-house-keeper ten pounds of Tobacco for the first day or for a Month and for every month after six pounds of Tobacco and no more And whereas there are several persons who are so Remote from Landings proper for taking their Tobaccoes on Board the Soops or Boats for Transporting the same to the appointed places It is therefore hereby further Enacted that in case any Person or Persons Owners of such Lands which shall be convenient to build a house upon convenient for securing such Tobaccoes until the same can be shipped shall refuse to build such house for securing such Tobaccoes as aforesaid that in sucb cases liberty be granted and liberty is hereby granted to any person or persons whatsoever for so much Land as he or they may conveniently build such fitting house upon for securing such Tobaccoes as shall be brought thither in order to transporting the same to the Ware-houses appointed by this Act he or they who shall desire the same and build thereon according as by this Law is intended paying to the Owner thereof such Price and Prices as are set down and ordered to be paid in the
Act of Assembly providing for Lands for Churches and Mills and that there be allowed free liberty of ingress and egress to and from such house or houses not committing any Trespass Tobaccoes during their Transporting unto and whilst they are continued in the houses aforesaid are exempt from any Execution or Attachment for Debts contracted before the making this Act. for encouragement of all that shall Transport their Tobaccoes to the appointed places mentioned in this Act it is also hereby Enacted that no Execution Attachment or other Process in Law shall be executed or laid upon any the said Tobaccoeâ— in the time of the Transportation thereof to the said appointed places or in the Ware-houses for any Debt contracted before the passing this Act the party that removes or transports such Tobaccoes having first made Oath before a Magistrate that he is really and Bona fide Transporting the same to one of the said Ware-houses and for encouragement of Carpenters Sawyers Brickmakers Briclayers Labourers and all other Tradesmen whatsoever that will cohabit dwell and exercise their Trades within the said appointed places or any of them it is hereby enacted by the Authority aforesaid that all such persons so inhabiting shall within the limits and bounds of the several respective places be wholly free from any arrest of their persons or seizure of their Estates for such Debts as were formerly contracted for and during the term of five years to come next after the publication of this Law Tradesmen who will dwell in the places aforesaid shall be freed from the payment of former Debts of five years not barring the Creditor or Creditors to sue for and recover their Debts when the time of five years is expired any Law Custome or Usage to the contrary notwithstanding And it is hereby further Enacted that all such Tradesmen and Labourers cohabiting in the places aforesaid not planting tending or making Tobacco shall be free and acquit from paying any Publick Levy during the term of five years from the Publication of this Act. Provided always and it is hereby meant and intended to be meant Such persons not Planting Tobacco shall also-be freed from the pay-men of publick Levyes for 5. years that all such Debts as shall accrew by any bargain or contract made or to be made within the limits of the said appointed places or any one of them immediate Process may be granted thereon any thing in this Law to the contrary notwithstanding and for the more sure reserving all such Tobaccoes as shall be brought to the aforesaid Stores or Ware-houses No Collector shall make seizure of any Tobaccoes while in such places for publick County or Parish Levies to the use and advantage of the Owners thereof it is hereby further Enacted by the Authority aforesaid that no Collector or Collectors of Levy or Parish-Tiths shall make distress or seizure of any Tobaccoes in such places for publick County or Parish-Levies or for Sheriffs or Clerks-Fees but that all Sheriffs and Publick Collectors shall be and hereby are enjoyned to Collect and receive the Tobaccoes Due in their Collections as heretofore was usual and the Publick or other Creditor to receive the same accordingly And be it further Enacted by the Authority aforesaid and it is hereby Enacted that for the better adnavcement of the Price of Tobacco and lessening of Freight that no Merchant Facture or Adventurer whatsoever arriving with any Goods VVares Servants Slaves or other Merchandize whatsoever into this Colony shall presume to buy Ship off or Freight any Tobacco whatsoever from any of the before appointed places at any time or times before the twentieth day of March 1681. by which time it may be presumed and believed all Tobaccoes whatsoever which shall be made in this Colony may be brought to the said appointed places under the Penalty of forfeiting and losing all such Goods VVares c. and all Tobaccoes so purchased one half to his Majesty and the other half to him or them that shall or will inform or sue for the same any Law Usage or Custom to the contrary in any wise notwithstanding Persons dwelling within the said appointed places have liberty to sell their Tobacco at any time Provided always and it is hereby meant and intended that this Restriction shall continue two years from the said twentieth of March and no longer Provided always that notwithstanding any thing in this Act contained any Inhabitant dwelling within the said appointed places have liberty to fell such Goods and Merchandizes as they have of their own at any time Provided also and it is hereby Enacted that if two or more Counties lying convenient to each other shall within the two months before recited agree together on one common place and Town for each their Counties and lay out the ground for the same in Common betwixt and amongst them Where two or more Counties lye conveniently one such Ware-house may serve in Common and there build houses as by this Act is enjoyned that then such one Town so agreed on appointed laid out and built upon shall serve and be sufficient for such two or more Counties any thing in this Law to the contray notwithstanding and it is hereby further Enacted that all Magistrates take due care to see this Act be strictly observed and put in Eâ—ecution VI. An Act Ascertaining Attorneys Fees VVHereas all Courts in this Countrey are many times hindred and troubled in their Judicial proceedings by the impertinent discourses of many busy and ignorant men who will pretend to assist their Friend in his business and to clear the matter more plainly to the court although never desired or Requested thereunto by the person whom they pretend to assist and many times to the Destruction of his cause No Person not licenced by the Governor shall plead as an Atorney in the General or County-Courts and great trouble and hinderance of the court 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 no Person or Persons whatsoever shall practise as an Attorney or appear to plead in the General court or any County-court in this countrey but such as shall be first Licenced by his Excellency or Successors thereunto and that any one that shall presume to plead in the General court or any County or other Court without such Licence first obtained and had shall forfeit for every such Offence committed in the County-court six hundred pounds of Tobacco The Penalty and in the general court 2000 pounds of Tobacco the one half to our Soveraign Lord the King his Heirs and Successors and the other half to the Informer to be Recovered by Action of Debt Bill Plaint or Information in the said court or courts where such Offence shall be committed and be it further enacted by the authority aforesaid that no Attorney
time Servants coming in without Indentures shall serve Page 146. An Act concerning Servants sold for the Custom Page 180. Seizure Seizures of Tobaccoes due to the Publick regulated Page 203. No Seizure shall be made of Tobacco while in the County-Warehouse for Publick County or Parish Levies Page 265. Siezure to be made of Iron Wooll Hides c. shipped for exportation Page 288. Shooting No person shall Shoot or Range upon anothers Land without leave of the Proprietor Page 54. Shooting off Guns at Drinkings or Marriages forbidden Page 85. Shoes Rates to be allowed for Shoes Page 82. Sheriffs Sheriffs to Impannel Juries Page 20. One of the Commissioners of each County shall be chosen Sheriff thereof Page 34. Sheriffs shall hold their Office the term of One whole Year and no longer ibid. Under Sheriff ibid. Sheriffs not making timely Returns fined 1000 l. of Tobacco Page 35. Sheriffs Return of â—a Non Est Inventus Page 36. Sheriffs shall give Security to the County Commissioners for the faithful discharge of their Office Page 45. Sheriffs Fees Page 103. The Penalty of Sheriffs making false Returns Page 105. Sheriffs neglecting to take Bail or consenting to the Escape of the Prisoner shall pay the Award of the Court and be fined 1000 l. of Tobacco Page 154. Sheriffs to be fined for concealing Tythables Page 219. Ships and Vessels Fifty Pounds of Tobacco per Tun allowed by the Publick for all Vessels built in this Collony Page 81. Masters of Ships shall take in Four Months Provision Page 89. Shall give sufficient Allowance of Diet to Passengers and take care that Poor Servants have good Lodging ibid. Masters of Ships shall give an Account of their Freight upon Oath to the Collectors of the Imposition of 2 s. per Hogshead Page 91. Masters of Ships concealing any part of their Freight fined 100 l. Sterling ibid. Masters shall give an Account of the Burthen of their Vessels and a List of their Passengers to the Collectors of Castle Duties Page 94. Ships arriving in James River shall be brought up to James City Page 95. Such Vessels as belong solely and wholly to the Inhabitants of this Collony freed from payment of the 2 s. and 10 s. per Hogshead Page 96. Ships permitted to ride in any part of the River where they may most conveniently unload Page 158. What Fees shall be taken for Vessels built in Virginia and belonging wholly to the Inhabitants thereof Page 201. An Act ascertaining Collectors Fees for Entring and Cleering Ships Page 240. All Ships or Vessels whatever coming to this Collony shall for every Tun Burthen pay half a Pound of Powder and Three Pound of Shot or 1 s. 3 d. Money in lieu thereof Page 255. Six pence per Poll payable for all persons Imported Mariners excepted ibid. Silk Fifty Pound of Tobacco allowed by the Publick for every pound of Wound Silk Page 80. Encouragement to make Silk Page 164. Slaves Slaves Resisting when corrected if they chance to be killed their death shall not be accounted Felony Page 161. All Servants Imported not being Christians shall be Slaves during life Page 172. But those that come by Land for a time limited ibid. Store-houses Fifty Acres of Land in each County shall be set a-part to Erect Store-houses upon for the use of the said County Page 261. Places appointed in each County where they shall be built ibid. What Price the County shall pay for the said 50 Acres of Land Page 262. Encouragement to such as will build a Dwelling-House on the aforesaid Land ibid. The Surveyors of the said Land shhll be paid by the Publick Page 263. All Tobaccoes and other Goods and Merchandizes whatever of the growth of this Collony to be Exported shall be brought to the County Ware-houses ibid. Goods Imported shall be landed and sold there ibid. Persons dwelling in the said appointed places have liberty to sell their Tobaccoes at any time Page 266. Sunday to be kept holy 6. Divine Service and Preaching shall he diligently attended ibid. Suits What Damages are allowed in case of Litigious Suits Page 170 Supersedeas Shall be granted only by the Governour and two of the Council Page 32. Surveyors of Land What Prices shall be allowed to Surveyors of Land Page 57. No Surveyor shall give a Plot of any Land surveyed by him till six Months after the drawing thereof Page 58 Surveyors Fees ascertained Page 145. The Fees formerly allowed to Surveyors doubled ibid. Surveyors refusing to measure Land at the Rates appointed to be fined ibid. Swamps and Marshes Who may take up Swamps and Marshes Page 183. The Method to be followed therein Page 184. T A Tann-house to be Erected Page 81. Timber An Act restraining the Impress of Timber Page 221. Persons empowered to impress Timber shall first make Composition or Agreement with the Owners thereof Page 222. Two Men of the Neighbourhood shall value Timber to be impressed for Publick service in case the Owner be unreasonable in his Demands ibid. Tythables How the Lists thereof shall be taken Page 40. Each County shall be divided into several Precincts for the more exact discovery of Tythables ibid. Tâ—â—bâ— Duties shall be paid for every Tythable person concealed ibid. What Persons are Tythable Page 41. Who are liable to the payment of Taxes and who are exempted ibid. Women Servants working in the Ground Tythable Page 111. An Act for the more exact Discovery of concealed Tythables Page 121. Masters of Families fined who shall conceal Tythables in their Families ibid. Lists of Tythables shall be put up at the Court Dâ—â—r Page 168. Persons appointed by the County Courts shall take Lists of Tythables Page 178. An Act allowing Free Tythables to divers persons repealed Page 205. Every Forty Tythables shall be assessed to fit and set forth One Horseman well Armed Page 230. Provision to be allowed such Man and his Horse for four Months Page 231. The Militia Officers of each County to proportion a division of the Tythables in their said Counties ibid. Negro-Children imported shall not be accounted Tythable till Twelve years of Age Page 269. Christian Servants imported shall not be Tythable till Fourteen years of Age Page 270. Tobacco Tobacco due shall be demanded betwixt the Tenth of October and the last of January Page 62. No Tobacco to be planted after the Second of July Page 78. No Seconds or Slips ibid. Ground-leaves of Tobacco shall not be Packed up for Sale ibid. The Inhabitants of Northumberland and Westmorland-Counties shall give an account how many Hogsheads of Tobacco they made and to whom sold Page 92. Creditors to demand and receive their Tobacco by the last of January Page 138. Difference between the Debtor and Creditor whether the Tobacco tendered be Merchantable or no to be decided by an Umpire ibid. The marking of Tobacco alone declared to be sufficient for transferring the property thereof Page 159. An Act limiting times for receipt and payment of publick Tobaccoes Page 202. The Inhabitants of Potomack River and the Eastern Shoar permitted to ship their Tobacco without Certificate Page 240. An Act prohibiting the Importation of Tobacco into this Collony Page 242. Two Shillings to be paid for every Hogshead of Tobacco exported Page 254. Tobaccoes during their Transporting unto and so long as they continue in the County-Warehouses are exempt from any Execution or Attachment for Debts contracted before the making of this Act Page 265. Trade Free-Trade Page 83. Trade permitted with the Indians ibid. But not for Beavor Otter or any ether Furs without Commission ibid. An Act for encouragement of Trade and Manufacture Page 260. Treason Nath. Bacon Junior attainted of High-Treason Page 248. Trespass Satisfaction in case of Trespass Page 59. Damages allowed for Trespass Page 167. V. Vagabonds AN Act for suppressing them Page 181. The Laws of England to be put in Execution against Idle and Vagrant Persons ibid. Vestries appointed Page 3. The Vestry to consist of Twelve Men chose by the major part of the Parishoners ibid. Such as come on the Vestry shall take the Oaths of Allegiance and Supremacy Page 4. Vestries shall take care of the High-Ways Page 61. W. High-Ways THe Justices shall yearly appoint Surveyors of the High-Ways Page 91. High-Ways shall be kept clear and Bridges in good repair ibid. Penalty of Felling Trees on the High-Ways or encroaching upon the same ibid. Warrants At what time Warrants are to be served Page 17. Constables shall obey Commissioners Warrants Page 170. A Weaver To be provided and Loom set up in each County within Two years Page 145. Weights and Measures English Weights and Measures shall be used in this Collony Page 47. Every County shall be provided with Weights and Measures from England ibid. Widows Widow to have one Third of the Estate Debts being first paid the other Two Thirds to be divided amongst the Children Page 49. Estates of persons dying Intestate to be divided into Thirds and the Widow to have her Thirds and choice after the Division Page 129. Widows shall be endowed with a Third part of Estates Real Page 185. Witnesses The Non-appearance of Witnesses finable in case of a Dedimus Potestatem Page 25. Charges allowed to Witnesses ibid. Number of Witnesses limited Page 26. Witnesses Subpoena'd to give their Evidence upon Oath Page 108. Refusal to give Evidence punishable by Imprisonment ibid. Witnesses allowed 30 l. of Tobacco per Diem if they come 20 Miles or upwards to James City Page 193. And Sixty Pound of Tobacco per Diem for their Expences during their Attendance there ibid. Witnesses shall be free from Arrests Page 295. Woolves The Reward for killing of Woolves Page 44. To be paid by the County ibid. County Courts shall make By Laws for Rewarding the killing of Woolves Page 146. The Act encouraging the killing of Woolves Repealed Page 171. Particular Counties Authorized to make By-Laws for the kilâ—â—ng of Woolves Page 210. Wooll Shall not be Exported upon Penalty of Forfeiture Page 285. Woollen Vide Cloth FINIS
much infringed by the hunting and shooting of divers Men upon their Neighbours Dividends contrary to the Priviledges granted them by their Patents whereby many injuries do daily happen to the Owners of the said Land No Person shall hunt or shoot within the limits of an others Dividend without leave of the Proprietor Be it Enacted That if any Planter or other shall hunt or shoot within the limits of an others Dividend without leave first obtained from the Proprietor he or they so offending shall forfeit for every such Trespass Four hundred Pounds of Tobacco one half to the Owner of the Land and the other half to Publick Uses notwithstanding it shall be lawful for any Person or Persons to hunt or shoot upon any Dividend of Land not planted or seated though taken up without restraint or penalty Provided also That it shall be lawful for any Person that hath shot any Game without the limits of any other Mans Land to pursue the same into any Mans Dividend and freely to carry away the same as also to seek or fetch his own Cattle or Hoggs off of any Mans Land Cattle not to be fetch'd off of anothers Land till after notice given him thereof Licences for hunting wild Hoggs first giving notice to the Owner of the Land of his intent and of the time he intends to stay upon it to the end that the said Owner may if he think fit to send one to see what Cattle or Hogs he drives away Provided always That it shall be lawful for the Governour to Commissionate some Gentlemen to give Licence to Persons to hunt wild Hogs upon any Mans Land without their fenced Plantations LXXII Lands Five years in Possession WHereas sundry Suits and Controversies have been and daily do arise about Claims and Titles to Lands to the great impoverishing of divers Persons for remedy whereof and for the better Establishing the Inhabitants in the Rights and Possessions hereafter Be it Enacted That all Persons whatsoever that have or do pretend any Title to any Land shall prosecute their Claims before the said Land hath been peaceably enjoyed Five years otherwise it shall be a good Plea in Bar for the Possessor of such Land claimed or possessed to affirm he hath had peaceable Possession without Claim by Commencement Five Years peaceable possession of Land shall confirme a Title thereto or Prosecution of Suit full Five years proof whereof shall be a sufficient Confirmation to the Possessor and shall conclude the Claim and Title of the Pretender and this Act to extend to all such as have not prosecuted their Title within Five years since the 6th day of October 1646 Always provided That the limitation of Five years in this Act expressed shall not bar Orphans nor Widows under Covert This Act shall not extend to Widows Orphans or Persons of an unsound Mind nor Persons out of the Country nor Persons of unsound Minds But that the said Orphans shall have Five years after they be of age Women Five years free from Coverture viz. if she marry again before her Five Years are expired and her Husband omit to make claim his omission shall be a good bar against him but if the Woman survive she shall have so long time allowed her to claim in as will make up the first time of her fredom five years Persons of unsound Mind five years after their recovery from their impotence Nor to such as live out of the Country Care taken in such Cases Persons out of the Country five years after their arrival into the Country Provided they come in within two years after the Title to the Land became due in which times if they claim not as aforesaid to be utterly barred for ever for otherwise the expectation of Heirs out of England where there is none born here must in a short time leave the greatest part of the Country un-seated and un-peopled no Man knowing how or of whom either to Purchase or take Lease LXXIII Against Fradulent Conveyances Conveyances of Estates shall be acknowledged before the Governor at the General â—ourt or â—efore the Justices at County-Courts BE it Enacted and confirmed That no person or persons whatsoever shall pass over by Conveyance or otherwise any part of his Estate whether Lands Goods or Cattle whereby his Creditors not having notice thereof might be defrauded of their just Debts unless such Conveyance or other Deeds be acknowledged before the Governour and Council at the General Court or before the Justices at the County Courts and there Registred in a Book for that purpose within Six Months after such alienation and whoever shall make over or alienate any part of his Estate otherwise than is here expressed the same shall not be accounted valid in Law nor shall it bar any Creditor by seizing the same by Law for satisfaction of the Debt the Property of the Estate not being legally vested in any but the first Vendor And it is further Enacted That any conveyance made And shall be Registred within Six Months and acknowledged and recorded shall not be held good in Law against any Creditors or former Purchasers until Four Months after such acknowledgment made and recorded in which time the Creditors or former Purchasers may shew for what cause the said Conveyance is to be accounted fraudulent but if none appear within the said Four Months after the first acknowledgment in Court Otherwise shall not be valid in Law then the Sale shall be for ever after good against all other claimers or pretenders whatsoever unless such as pretend to overthrow the first Sellers Title in whom only five years possession can bar Provided That this Act shall not extend to such persons who for satisfaction of just Debts Who are exempted from this Act. shall make a Bill of Sale of their Estates or any part thereof and deliver it bona fide into the Possession of the Creditor but such Act shall be good and valid to all intents and purposes this Act being made only to prevent fraud and deceit LXXIV Quit-Rents how to be Paid WHereas his Majesty hath by his Commissioners appointed a Treasurer to receive the Quit-Rents and others Fees and Profits due to his Majesty and the payment of Quit-Rents being due in Money which we being destitute of Coin cannot procure Be it Enacted That those persons that cannot procure Money shall pay their said Rents in Tobacco at Two pence per Pound to such Collector or Collectors as by his Majesties Treasurer shall be appointed Quit-Rents may be paid in Tobacco at two pence per Pound and that the Country paying the Rents double the two next years shall be acquitted from all Arears by assent of the Honourable Sir William Berkly who is Authorized by the Treasurer to make Composition LXXV Surveyors of Land BE it Enacted that Surveyors of Land shall demand no more than Twenty Pounds of Yobacco for Measuring One hundred Acres of Land What
that he be fined for such neglect at the discretion of the Assembly Always provided he have the Writs signed Forty days before the day of the Return LXXXIV Burgesses ascertained WHereas the charge of the Assemblies is much augmented by the great number of Burgesses unnecessarily chosen by several Parishes Be it Enacted Two Burgesses from each County That hereafter no County shall send above two Burgesses who shall be Elected at those places in each County where the County Courts are usually kept Provided always That James City being the Metropolis of the Country One for James City in particular shall have the Priviledge to Elect a Burgess for themselves and every County that will lay out One hundred Acres of Land and people it with One hundred Tythable persons that place shall enjoy the like Priviledge LXXXV Burgesses Charges ascertained WHereas the immoderate Expences of the Burgesses causing divers heart-burnings between them and the People occasioned an Injunction to make agreement for the allowance before the Election which may hereafter probably induce interested persons to purchase Votes by offering to serve at low Rates by which means that Candour and Freedom which should be in the Choice of persons credited with so honourable and great a trust might be very much prejudiced and the place it self become mercenary and contemptible Be it therefore Enacted That the maintainance of every Burgess shall be One hundred and Fifty pounds of Tobacco and Cask per day besides the necessary charge of going to the Assembly and returning LXXXVI Burgesses to appear upon the Day VVHereas many Inconveniences happen by the not appearing of Burgesses upon the precise day of the Return of the Writ as leaving the business of the greatest Importance the prudent choice of a Speaker to a small party that first appears upon which divers Animosities may arise in some that dislike the Election to the great detriment of the Publick Affairs which by this means are retarded and the charges of those Counties whose Burgesses first appeared increased Be it therefore Enacted That what Burgess soever shall fail in making his Appearance and attending the Assembly precisely upon the day of the return of the Writ shall be fined for every days Absence Fine laid upon Burgesses for not appearing on the precise day of the Writ Three hundred pounds of Tobacco to be disposed of by the Assembly unless he be obstructed by some such Impediment as the House shall judge might be a lawful and reasonable Cause to hinder his Coming LXXXVII Burgesses not to be Arrested FOR the dispatch and reputation of the Publick Business Be it Enacted That none of the Burgesses of any Assembly nor any of their Attendants shall be Arrested from the time of their Election until Ten Days after the Dissolution of the Assembly wherein he serves as a Burgess Provided That if the Assembly be Adjourned for above a Month Burgesses not to be Arrested unless the Assembly be adjourned for above a Month. the several Burgesses shall Ten days after that Session be liable to Arrests and other Processes and if in the interval of Sessions they be Arrested and Prosecuted to Execution and that served the Execution shall be suspended Ten days before the next Session of that Assembly and continue so until Ten days after it at which time the priviledge of Burgess shall cease and determine LXXXVIII No Order to contradict an Act. BE it Enacted and Confirmed That no Act of Court or Proclamation No act of Court or Proclamation shall contradict an Act of Assembly shall upon any pretence whatsoever enjoyn Obedience thereunto contrary to any Act of an Assembly until the reversal of that Act by a succeeding Assembly LXXXIX Assemblies to enquire after the Breach of Laws WHereas several Laws have been by divers Assemblies made for the good of this Country which for want of due Observation have not produced the desired Effect And whereas it is by this Assembly Enacted That the Grand Jury of Inquests should twice annually make Presentment of the breach of all Penal Laws and that the Assembly should dispose of the Fines levied upon the several Offenders for the use of the Counties wherein they accrued due Be it Enacted That for the future the first day of every succeeding Assembly shall be imployed in receiving the said Presentments of the Grand Jury and to enquire into the remissness of Juries and Courts and how the Laws have been put in Execution and disposing the Fines that by that means the Laws may be restored to their due Vigor and Offenders be deterred from Neglect or Contempt when they shall find a severe Account of their Observation is so diligently enquired into XC Publick Letters how to be Conveyed WHereas the remoteness of divers places in the Country from James City and the necessity of communicating divers Businesses to the utmost limits of it would if messengers were pressed purposely put the Country to an annual great expence for prevention thereof Be it Enacted That all Letters superscribed for the use of his Majesty or the Publick shall be immediately conveyed from Plantation to Plantation to the place and person they are directed to under the penalty of Three hundred and Fifty pounds of Tobacco to each default and if any Person be put thereby to any extraordinary Charge Extraordinary Charges in conveying publick Letters to be allowed by the County Courts the Court of each County is hereby authorized to judge thereof and to levy payment for the same the Superscriptions being signed by the Governour some one of the Quorum or the Collonel Lieutenant Collonel or Major of a Regiment and where any person in the Family the said Letters come to can Write such person is required to endorse the day and hour he received them that the neglect or contempt of any person stopping them may be the better known and be punished accordingly XCI Divulgers of false News WHereas many idle and busie-headed People do forge and divulge false Rumors and Reports to the great disturbance of the Peace of his Royal Majesties leige People in this Collony Be it Enacted That what person or persons soever shall forge or divulge any such false Reports tending to the trouble of the Country Divulgers of false News fined Two thousand pounds of Tobacco and to give Security for their good Behaviour he shall be by the next Justice of the Peace sent for and bound over to the next County Court where if he produce not his Author he shall be fined Two thousand pound of Tobacco or less if the Court think fit to lessen it and besides give Bond for his Behaviour if it appear to the Court that he did maliciously publish or invent it XCII Chirurgeons Accounts regulated VVHereas the excessive and immoderate Prices exacted by divers a varitious and griping practicioners in Physick and Chirurgery hath caused several hard-hearted Masters swayed by profitable more than charitable respects rather to expose
subsist by unless some other Course be speedily taken for Improvement of such other Commodities as the Country will produce and making as many of them as we can into Manufactures and giving Encouragement to all persons of what Ability soever to attempt it which the former Acts for Encouragement to make Staple Commodities have been defective in by only proposing Rewards to great quantities of every Commodity made which whoever goes about must if he fail be ruined or if he make the quantity proposed will have no need of the gratuity which is better to be suited proportionably to the meanest quantity Be it therefore Enacted That the Assembly this present year send into England for a considerable quantity of Flax Seed to be distributed into the several Counties Flax-Seed to be distributed into each County and deliver it to certain persons who may sell it out to several Inhabitants and the produce thereof be paid the Year following with the levy and the Country Stock by that means made good according to the Fifth Act of Assembly 1661 to make their proportions of Flax. And whoever will Spin the Flax and Cause the Yarn to to be Weaved into Cloth of a Yard wide shall for every Yard of Cloth so Woven of Yarn made of Flax grown in the Country Allowance for every Yard of Linnen and Woollen Cloth made of the product of the Country by the publick have Three Pounds of Tobacco And for every Yard of Woollen Cloth made of Yarn here Spun in the Country Five Pounds of Tobacco which upon produce of Certificate from some Justice of Peace in the County that he hath seen the same in Loome and that to his knowledg it was really made in the Country as aforesaid shall upon producing the same to the Governour and Council be paid so much in the publick levy in the same County where they dwell CIX An Act for Mulberry-Trees VVHereas by experience Silk will be the most Profitable Commodity for the Country if well managed And whereas the greatest conducement thereunto required is Provision of Mulberry-Trees Ten Mulberry Trees shall be Planted upon every hundred Acres of Land holden in Fee Be it Enacted and Confirmed by this present Grand Assembly That every Proprietor of Land within the Collony of Virginia shall for every hundred Acres of Land holden in Fee Plant upon the said Land Ten Mulberry-Trees at twelve foot distance each from other and secure them by Weeding and a sufficient Fence from Cattle and Horses c. between this and the last of December 1663 and for every Tree that shall be wanting and untended in manner aforesaid of the said Proportion at the said last of December 1663 The Penalty of delinquency he the said Proprietor that shall be so delinquent shall pay Twenty pounds of Tobacco to the publick Provided that this Act do not extend to Orphans until the Expiration of Five years after their full age and then if deliquent to be liable as aforesaid and no man planting more then his number shall excuse any that hath planted less Provided also that this Act extend not to such Proprietors as are not in actual possession And because his Majesty hath taken particular notice of the great folly and negligence of the Country in omitting the propagation of so Noble and Staple a Commodity It is Enacted That the Grand Jury do strictly inquire into the Breach of this Act and make Presentment thereof that the Offenders may accordingly be punished And be it further Enacted That for the encouragment of all Persons that shall endeavour to make Silk Fifty pound of Tobacco allowed by the Publick for every pound of Wound Silk there shall be allowed in the Publick Levy to any one for every pound of Wound Silk he shall make Fifty pound of Tobacco to be raised in the Publick Levy and paid in the County or Counties where they dwell that make it CX Encouragment to build Vessels FOr Encouragement of building Vessels in this Country and the promoting of Trade Be it Enacted That whoever shall build a Vessel of any burthen decked and fitted to go to Sea Fifty pound of Tobacco per Tun allowed by the Publick for all Vessels built in this Collony shall for every Tun burthen the said Vessel shall contain receive upon proof of her being so built Fifty pound of Tobacco out of the Publick Levy Whereas Collonel Edmund Scarbrough hath to his particular great Charge but to the Infinite good of the Country erected a Salt Work for which he hath received deserved Thanks the last Assembly this Assembly for his greater Encouragment hath thought fit to grant him the use of Money raised this year out of the Two Shillings per hundred in Northampton County Salt-Work with condition that he make repayment of the same to those the Assembly shall allot it the next year in Salt at Two Shillings and Sixpence per Bushel and Soap at And be it further Enacted That after the first of September 1663 no Master of Ship Barque or Vessel or any other person Merchant or Trader shall bring in any Salt into the Country of Northampton under the Penalty of confiscating his Ship Barque or Vessel and goods to the end that he and others may be encouraged in their industrious Endeavours to promote the Good of the Country CXI Tan-Houses to be Erected BE it also Enacted That according to the first Act of Assembly 1660 there be Erected in each County at the Charge of the County one or more Tan-Houses and that they Provide Tanners Curriers and Shoomakers to Tan Curry and make the Hides of the Country into Leather and Shooes and that the persons intrusted with the over sight of the Work-men and the managing the Trade do allow to the Inhabitants of the County for ever dry Hide they bring Prices to be allowed for Hides at the rate of Two pounds of Tobacco per pound and sell their Shooes for Thirty pounds of Tobacco for plain Shooes and Thirty five pounds of Tobacco for Wooden-heels and French-falls of the Six largest Sizes and Twenty pounds of Tobacco a pair for the smallest Shooes Rates for Shooes CXII Two Acres of Corn for each Tythable BE it hereby Enacted That all persons within this Collony shall Plant or Tend for every Tythable person tending a Crop in their Family Two Acres of Corn or Pulse under the Penalty of Five hundred pounds of Tobacco for every Acre neglected as aforsaid to be paid by the Delinquent and to be levied by the Sheriff for the Counties use and the Grand Jury in their several Limits to look strictly after the breach of this Act And for Encouragement for Men to sow English Wheat which may be a Staple Commodity to vent out of the Country Or one Acre of English Wheat It is further Enacted That the sowing of one Acre of Wheat shall excuse the planting of the two Acres of Indian Corn or other Corn
the said Commissioners for observance of the said Articles under their Hands and Seals and the like reciprocally taken from the Commissioners of Mary Land shall bind this Countrey and every Inhabitant thereof to a full performance in the said Act. And that no scruple may remain are fully agreed That Two Instruments of one Tenor made one to the Governour of Virginia the other to the Lieutenant General of Mary Land from the Governour of Carolina That the Inhabitants of that Province will truly observe the Articles agreed upon between the Governours of Virginia and Mary Land Mary-Land to concur in the Cessation shall be accepted and reputed a sufficient Engagement for the Conformity of that Province in the observance of that Act And if there should appear to the Commissioners any emergent occasion for any thing or things in the aforesaid Treaty Concluded and Agreed upon to be added or altered they are by this Act impowered to proceed therein as they in their discretions shall find the necessity of Affairs to require And the Governours Honour is hereby requested by his Honours Commission and Instructions to confirm the full Power and Authority unto them and to the intent that Notice may be given to the Honourable Lieutenant General of Mary-Land of our Intentions to renew the Treaty the Governours Honour hereby requesting to send Message to the Lieutenant General of Mary-land to certifie to him that upon the 7th day of Dectember next or as soon after as Wind and Weather will permit the Commissioners of this Countrey will meet the Commissioners appointed for that Province at St. Maryes in Mary-Land to put in Execution the aforesaid act of Assembly by which means all Obstacles and Doubts will be taken away and the aforesaid Law receive a plenary and effectual Execution And it is further Enacted That the Governours Honour be requested so soon as possible after the Conclusion of the Treaty to publish and declare by his Honours Proclamation the full intent and tenor thereof to the several Counties of this Collony II. An Act shewing how Debts are to be paid the Cessation year WHereas it is apparent to all that the Establishment of a Cessation from Planting will certainly advance the Gains of the Merchant by giving him time to vend his Commodities And for that Consideration it might be justly expected that he should make some proportionate abatement in his Debts Yet this Assembly whose care it hath ever been to preserve the Rights and Properties of every Person free from the least violation have still continued the same entire and have only for the supply of peoples Necessities and enabling them to provide for their Subsistance in the Vacant year from Planting have Enacted and by the Governour Debts due the Cessation-year to be paid one half down Time to be allowed for the other half giving reasonable Security Council and Burgesses of this Grand Assembly and the Authority thereof Be it Enacted That for all Debts already Contracted to be paid this present year in Tobacco except publick Dues any Debtor paying one half of the said Debt in kind shall have liberty for the payment of the other half until the 10th of November 1668 giving reasonable Security if requested to pay the remaining half at the time aforesaid and in case the Creditor will not stay out that time but prosecute the Debtor for payment to be made sooner it shall be in the liberty and choice of the Debtor to make Tender of his Estate before the next Justice of Peace to legal valuation for Payment of the said Second Moiety Provided That if the said Debt be under Two Hogsheads of Tobacco it shall not be lawful for the Debtor to prejudice the Creditor by breaking a Hogshead of Tobacco and paying a Parcel thereof III. An Act for Valuation of Commodities for payment of Publick Dues BE it also further Enacted by the Authority aforesaid That all Publick Dues this year in regard of the Cessation and Cause that expectation of advancing the Value of Tobacco there be an abatement of the Sums formerly allowed And that all Publick and County Debts Ministers and Parish Dues Officers Fees Fines Quit Rents and all other Rates and Debts generally that shall be contracted and become due in the vacant year from Planting may be paid in the Countrey Commodities at the Rates here following Valuation of Commodities for payment of Publick Dues during the Cessation from Planting Viz. Wheat Garravances and English Pease per Bushell Forty pounds of Tobacco or Four Shillings Indian Corn shell'd Two Shillings or Twenty pounds of Tobacco Barley per Bushell Thirty five pounds of Tobacco or Three Shillings six pence Wound Silk per pound Two hundred pounds of Tobacco or Twenty Shillings Indian Pease of all sorts except Garravances per Bushell Thirty five pounds of Tobacco or Three Shillings six pence Oates per Bushell Thirty pounds of Tobacco or Three Shillings Provided That for prevention of Inconveniences that the Receiver is subject to if he have not Cask to carry his Grain it is further Enacted That the Debtor shall provide and pay the Grain in Cask and the Creditor to allow him Ten per Cent. as in case of Tobacco No rate is set upon Flax by reason of the uncertainty of the Quantity nor Beef not Pork because perishable but both these left to valuation according to Condition and Goodness IV. An Act for Rating of Ordinary Keepers Vide Act 3. Anno 1671 and Act 10. Anno 1676 7. V. An Act ascertaining Surveyors Fees VVHereas the Act concerning the Fees of Surveyors by reason of the low rates set therein which seems to have been first made above Twenty years since when Tobacco bore a greater value then can now be expected deters any Man of Parts Abilities or Integrity from exercising the said Functions in the faithful and well discharge whereof the peace and possession of the Inhabitants of this Countrey are so much concerned and yet for want of a Penalty therein expressed leaves a Liberty to every one to extort from the People what Sums they please Be it therefore Enacted by this present Grand Assembly and the Authority thereof That for encouragment of able Men in that Science to practice the same that the Fees limited in that Act be doubled viz. Fees formerly allowed to Surveyors doubled Forty pounds of Tobacco for measuring every Hundred Acres of Land if the whole Divident exceed not or amount to One thousand Acres but if under that Quantity then Four hundred pounds of Tobacco and for the same shall deliver an exact Plat of the Land Surveyed And if any Surveyor upon reasonable Demand Surveyors refusing to measure Land at the Rates herein appointed to be fined not being by Sickness or any other lawful Impediment hindred shall refuse to measure the Land of any Person whatsoever for the Consideration and Satisfaction aforesaid every such Surveyor shall be fined and pay for such his Refusal Four thousand
Provisions goods or Merchandize whatsoever without sufficient Warrant and that such Warrant be shewed to such Person from whom they are about to impress such Sloops Boats c. and that whosoever shall by vertue of a Legal Warrant impress any Sloop-Boat Shallop or Vessel shall thereby have power to cause two men of the ablest of the Neighbourhood to view and appraise such Vessel in the best of their Judgment Things Impressed shall be appraised by two men of the Neighborhood to the full vallue and also to ascertain the vallue of the hire thereof either by the day or by the Month and that Instruments or Writings be drawn intimating the vallue and also the price of the hire by the day or by the Month of which a Duplicate to be drawn the one of which to remain with the appraisers and the other part with the Owner or Owners of such Sloop-Boat c. and such Owner to bring such Instrument or Writing to the next County-court where if such Sloop Boat c. were imprest for the use of that County then to be paid out of the County Levy according to the Tenor of the Writing or Instrument but if the same were impressed for the use of the Publick then the County-court is to return Certificate of such writing or Instrument to the next Assembly where Satisfaction shall be made according to the Tenor of the said writing or Instrument but if it shall happen that such Sloop Boat c. shall be cast away or lost in the Service that then the Owner of such Sloop Boat Vessel Horses c. shall be at his choice whether he will have the vallue according to appraisement And the wages for the hire thereof ascertained or the wages ascertained in the writing which the publick or County must see punctually paid and if it shall happen that the publick or County shall have occasion to impress Provisions of what Nature or kind soever the impressor is likewise impowered to cause two men of the ablest of the Neighbourhood to appraise the same and return a note Certifying the quantity and price to the next County-court where if imprest for the Counties use to be paid out of the County Levy and if for the publick use the County-court to return an account thereof to the next Assembly where full Satisfaction shall be made according to the appraisement and if the County or Publick shall impress any man that he be paid if betwixt the tenth of September and the tenth of March Wages allowed men impressed for the County or publick Service ten pounds of Tobacco per day and if betwixt the tenth of March and the tenth of September fifteen pounds of Tobacco per day for the first ten days and if he shall be continued in such Imployment more then ten days at a time then for all such time as he shall serve above ten days between September and March after the rate of two hundred pounds of Tobacco per Month and betwixt March and September after the rate of three hundred pound of Tobacco per Month and if any Horse or Horses be imprest by the publick or County Rates allowed for Horses impressed the Owner or Owners of such Horses shall receive fifteen pounds of Tobacco per day for the first Twenty days and if he be continued longer then twenty days then for all the time he shall be imployed over and above the twenty dayes after the rate of ten pounds of Tobacco per day and before the Impressor shall take such Horse or Horses impress away he shall first bring two able honest men of the Neighbourhood to appraise the said Horse or Horses and a writing shall be drawn and signed intimating the vallue and if such Horse or Horses be killed in the Service or otherways lost it shall be at the choice of the Owner of such Horse or Horses to receive the vallue as appraised or the wages for hire if for the use of the County to be paid by the County if for the use of the publick to be punctually paid upon returning Certificate from the County-court as in case of Sloops and in case any person or persons shall notwithstanding this Law presume to impress and carry away any Sloop-Boat or other Vessel or any Cart Horse Arms Provisions or any other matter or thing whatsoever contrary to the true intent and meaning thereof shall be fined and amerced double the vallue of any such Sloop-Boat c. Horses Arms Provisions or any other matter or thing so by him Impressed and taken away to the use of the Owner or Owners of such Goods to be recovered by Action of Trespass in any Court of Judicature in this Colony IX An Act for setling the Form of Pattents MR. Secretary Ludwell having presented a new Form of a Patent exactly agreeing with the new and late Charter under the Broad Seal of England in these following words To all to whom c. I c. send c. Whereas His Most Sacred Majesty hath been graciously pleased by his Royal Letters Patents under the Great Seal of England hearing Date at VVestminster the tenth day of October in the twenty eighth year of his Reign amongst other things in his said Letters Patents contained to continue and confirm the Antient Priviledges and Power of granting fifty Acres of Land for every person imported into this his Majesties Colony of Virginia now know ye that I the said c. do with the consent of the Council of State accordingly give and grant unto A. B. c. Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby Enacted That all Patents shall be drawn henceforward in the abovesaid Form and words to the end they may be firm sure and valid in Law X. An Act ascertaining Coroners-Fees FOr as much as some doubts have arisen concerning Coroners Fees in this Colony and it being necessary to declare by a Law what the same shall be Be it therefore Enacted by the Governour Council and Burgesses of this present Grand Assembly Thirteen shillings and four-pence or 30 and one hundred three pounds of Tobacco the Coroners Fee and the Authority thereof and it is hereby Enacted that a Fee for a Coroners-Inquest be thirteen shillings and four-pence according to the allowance in England in such Cases or one hundred thirty three pounds of Tobacco and Cask at the choice of the Coroners to be paid out of the Estate of the person Deceased In Counties where there is no Corner a Justice of Peace shall perform his Office and receive the Fee aforesaid if such there be and for want of such Estate by the County where the Party causing the Inquest shall dye and where there is no Coroner in the County that the Justice of Peace doing the Office shall have the Fee XI An Act declaring the year 1676. to be out of the Statute of Limitations FOr as much
Justice of the Peace may grant Attachments Page 130. Justices shall not take Fees Page 150. Justices of the County-Courts shall not Levy Tobaccoes upon the people for their Accomodations and Expences whilst they are keeping Court Page 193. Any two Justices of the Quorum may sign Probates of Wills and Letters of Administration Page 204. Justices of Peace neglecting to Impannel Grand Juries fined 2000 l. of Tobacco Page 214. L. Land LAnds of Persons intestate Page 13. How persons claiming Land by Importation of Servants must prove their Title Page 52. Deserted Lands Page 53. No Deserted Land shall be taken up by Patent till after the term of 3 years without Order obtained of the Governour and Council ibid. Seating upon others Dividends ibid. Such as have built upon Lands supposed their own but upon Survey prove to belong to another shall have the charge thereof allowed by the Right Owner ibid. Or else shall purchase the Land Page 54. Twelve Men upon Oath are to decide any Controversie arising thereupon ibid. Cattle shall not be fetched off another Mans Land till after notice be given him thereof ibid. Five years peaceable possession of Land shall confirm a Title thereto Page 55. The Lands of Widows Orphans and persons of unsound mind and of such as live out of the Countrey excepted ibid. Land shall be plainly Marked and Bounded Page 58. Bounds of Land shall be every four years renewed by the View of the Neighbourhood Page 59. Bounds of Land once settled by the consent of the Proprietors shall take off all claim to future alteration thereof Page 60. An Act declaring what is meant by seating of Land Page 151. Building a House and keeping a Stock One whole Year upon Land shall be accounted a sufficient seaâ—ing thereof ibid. Sale of Land made by Husband and Wife shall stand good in Law Page 195. Leather may not be Exported Page 285. Letter How Publick Letters shall be conveyed Page 67. Extraordinary Charges in conveying Publick Letters shall be allowed by the County ibid Levies Publick Levies shall be first paid Page 39. Councellors of State and ten persons of their Family exempted from payment of Levies Page 42. Some others exempted ibid. Governour and Council have power to raise a Levy for defraying the Country Debts and Salleries Page 43. Who only are exempted from the payment of Publick and County Levies Page 206. Liquors An Act regulating the Prices of Liquors Page 206. Justices of the Peace to appoint the Prices of Liquors twice in the year Page 207. Liturgy of the Church of England shall be read in Churches Page 8. M. Manufactures AN Act for Encouragement of Manufactures Page 296. An Act for the advancement of Manufactures and for the better Payment of Debts and Levies Page 298. Debts may be paid in Commodities of the Growth and Manufacture of the Countrey Page 299. At what Rates such Commodities shall be valued ibid. Marriages Marriage to be performed by none but Misters Page 8. Marriage shall not be Solemnized till after publishing of Banes or Licences ibid. How Licences for Marriage shall issue Page 11. Fees for such Licences how to be levied Page 12. Against secret Marriages Page 72. Servants may not marry without producing Certificates from their Masters Page 73. Certificates for Marriages shall not be granted without the consent of the Parent or Guardian Page 169. Mary-Land to concur in the Cessation Page 142. Tobacco of Mary-Land growth to be free from Duties Page 154. No Vessels belonging to the Inhabitants of Mary-Land shall unload in any part of Virginia without Entry first made upon penalty of forfeiture of the said Vessel and Cargo Page 245. Masters Cruelty of Masters prohibited Page 76. One Years sorvice to be given for striking a Master or Mistress Page 77. An Act limiting Masters dealing with their Servants Page 201. Militia Such as refuse to appear on the days appointed for the Exercise of the Militia fined 100 pounds of Tobacco Page 153. Private Souldiers pay Page 231. The Captains pay to be 1200 l. of Tobacco and Cask per Month Page 232. The Lieutenants pay 850 l. of Tobacco and Cask per Month ibid. The Cornets and Chyrurgeons Pay ibid. Corporals and Trumpeters pay Page 233. What Indian Prisoners or Plunder the Souldiers shall take shall be free Purchase Page 235. Souldiers maimed or disabled in service shall have an Annual Pension Page 236. Twenty Men well furnished with Horses shall be raised in each of the Counties of Henrico New-Kent Rappahannock and Stafford Page 291. The Captain of such Troop to have 800 l. Tobacco per Annum Page 292. Corporals and Private Souldiers Pay ibid. The said Troop shall be trained and exercised once a Month ibid. And shall range and scout about the Frontiers of the County for which they serve once every Fortnight Page 293. Millers and Mills An Act against Exacting Millers Page 86. Millers shall receive in Corn and deliver it out by Statute Weights and Scales ibid. Penalty upon Millers Exactions Page 87. An Act concerning Millers Page 149. An Act encouraging the Building of Mills Page 156. Millers shall take but one Eighth part for grinding English Corn and one Sixth for Indian Page 173. Minister Glebes to be laid out and a House built for the Minister Page 4. His Maintenance to be worth 80 l. per Annum besides Perquisites and Glebes ibid. Minister shall not officiate without producing Testimonials that he received Orders of some Bishop of the Church of England Page 5. Ministers to provide Readers ibid. Ministers shall preach weekly Page 6. And shall administer the Sacrament at least twice in the year ibid. Ministers or Readers shall keep Registers Page 11. Minister to have 5 l. allowed him for his attendance at General Courts Page 206. Ministers exempted from payment of Publick or County Levies ibid. Any person who shall disturb the Minister during the Exercise of his Ministerial Function shall for the first Offence be fined 200 l. of Tobacco and 500 l. for every such Offence after Page 276. Money The Exportation thereof prohibited Page 84. Pieces of Eight shall pass for 5 s. currant ibid. No person shall export above the sum of Forty Shillings ibid. Mulberry Trees Ten Mulberry Trees shall be planted upon every 100 Acres of Land holden in Fee Page 80. N. Naturalization AN Act for Naturalization Page 252. The Governour may Naturalize such Forreigners as shall seat themselves in this Collony ibid. Negroes Negro-women though enjoying the priviledge of Freedom not exempted from the payment of Taxes Page 159. Birth of Negro and Mulatto Children and Slaves born in Virginia shall be registred Page 179. Run-away Negroes and Slaves shall be pursued by Hue and Cry Page 182. Run-away Negroes Mulatto-Indians Slaves or Servants for life resisting may be killed ibid. And the Master or Owner of such Negro c. shall receive satisfaction of the Publick ibid. At what Rates such Negroes and Slaves shall be valued ibid. An Act for preventing Negroes