provided he have the Writs signed forty dayes before the day of the Return LXXXIV Burgesses Ascertained WHereas the charge of Assemblies is much augmented by the great number of Burgesses unnecessarily chosen by several Parishes Be it Enacted 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 alwayes that james-James-City being the Metropolis of the Countrey shall have the priviledge to elect a Burgesse for themselves And every County that will lay out One hundred Acres of Land and people it with One hundred Tithable 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 Maintenance of every Burgesse 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 WHereas 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 Publique Affairs which by this means are retarded and the Charges of those Counties whose Burgesses first appeared increased Be it therefore Enacted That what Burgesse 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 day's absence 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 Publique Business Be it Enacted That none of the Burgesses of any Assembly not any of their Attendants shall be Arrested from the time of their Election untill ten dayes after the Dissolution of the Assembly wherein he serves as a Burgesse Provided that if the Assembly be Adjourn'd for above a moneth the several Burgesses shall ten dayes 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 dayes before the next Session of that Assembly and continue so untill ten dayes after it at which time the priviledge of Burgesse shall cease and determine LXXXVIII No Order to contradict an Act. BE it Enacted and Confirmed That no Act of Court or Proclamation shall upon any pretence whatsoever enjoyn obedience thereunto contrary to any Act of 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 Countrey 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 levyed upon the several Offenders for the use of those Counties wherein they accrewed 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 to enquire into the remisness 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 accompt of their Observation is so diligently enquired into XC Publique Letters how to be Conveyed WHereas the remoteness of divers places in the Countrey from James-City and the necessity of communicating divers businesses to the utmost limits of it would if Messengers were pressed purposely put the Countrey to an Annual great Expence For prevention thereof Be it enacted That all Letters superscribed for the use of his Majesty or the Publique 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 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 Colonel Lieutenant Colonel 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 busi-headed People do forge and divulge false rumors and reports to the great disturbance of the peace of His Royal Majestie 's Leige-People in this Colony Be it enacted That what Person or Persons soever shall forge or divulge any such false Reports tending to the trouble of the Country he shall be by the next Justice of Peace sent for and bound over to the next County-Court where if he produce not his Author he shall be fined Two thousand pounds 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 malitiously publish or invent it XCII Chirurgions Accounts regulated WHereas the excessive and immoderate prices exacted by divers avaritious and griping Practitioners in Physick and Chirurgery hath caused several hard-hearted Masters swayed by profitable more than charitable respects rather to expose a sick servant to a hazard of the recovery then put themselves to the certain Charge of a rigorous though unskilful Physician whose demands for the most part exceed the Purchase of the Patient many other poor people also being forced to give themselves over to a lingering Disease rather then ruine themselves by endeavouring to procure an uncertain Remedy For redress thereof for the future Be it enacted that it shall be lawful for any Person or Persons conceiving the Account of the Physician or Chirurgion unreasonable to arrest the said Physician or Chirurgion to the General or County-Court where the Physician or Chirurgion shall
Child Administers the Surplusage after Debts paid and the funeral charge according to the quality of the person allowed for shall be equally divided between the Widdow and Children viz. one full third of the personal Estate to the Widdow and the other two Thirds among the Children if any of which dye before it come to age his proportion to be devided among the surviving Children And whereas It hath been the frequent evil practice of Administrators assoon as they have obtained an Order to Administer to Act as Administrators by vertue of that Order without giving security or taking out their Commissions so that the Estate being imbezelled away no Accompt can be given thereof Be it therefore Enacted That who ever pretends to Administer upon any Estate shall bring to the Court sufficient security before the Order shall be granted and an Order thus obtained legally by giving such security to be truly accomptable to bring in a true Inventory and to perform such things as the Administrators by Law are enjoyned shall not at any time after be reversed unless the party that obtained the same dye before he hath given an Accompt of the Estate and obtained his Quietus In which case the Court is impowred to grant the Administration of that Estate so not accompted for to some other person who may by vertue thereof call his Heirs Executors or Administrators of the former Administrators to Accompt who shall pay out of the said deceased Admistrators Estate all such debts as shall be found due to the Estate he Administred upon in the first place LXVI Concerning Orphans COncerning Orphans Estates be it enacted That all Wills and Testaments be firm and inviolable unless the Executors or Overseers do refuse to execute the Trust reposed in them by the Testator In which case the Court may appoint others to Act according to the Will but if the said Will be so made that no person will undertake the managing of the Estate or Education of the Orphans according to the Tenour of it then that the Estate by the appointment of the Court shall be managed according to the Rules set down for the ordering the estate of persons Intestate as followeth First That no Accompt be allowed for Dyet Clothes Physick or else against any Orphans Estate but they to be Educated and provided for by the interest of the Estate and Increase of their Stock according to the Proportion of their Estates if it will bear it But if the Estate be so mean and inconsiderable that it will not extend to a free Education Then it is Enacted That such Orphans shall be bound Apprentices to some Handi-craft Trade until one and Twenty years of age except some Kinsman or Relation will maintain them for the Interest of the small Estate they have without diminution of the principal which whether great or small alwayes to be delivered to the Orphan at the years appointed by Law That all Cattel Horses and Sheep be returned in kind by the Guardian according to Age and Number when as he received them And because several had before the first making of this Act Estates of Orphans in their hands which they kept for the Male-increase and giving the yearly Accompt of the Augmentation or Diminution of the Orphans Stock which by the carelesness or wickedness of the Guardians was usually consumed before they came to age and disputes thereupon arise in the several Courts how such persons should be proceeded with and Accompts of Orphans Estates how to be given them It is hereby declared That all persons possessed of Orphans Stocks before the first making this Act shall be bound to deliver to the Orphan when he comes to age such and so many of any kind as he was possest of when he gave his Accompt to the next Orphans Court succeeding the publication thereof That all Place and Money be preserved and delivered in kind according to the weight and quantity that other Houshold-stuff and Lumber be apprized in Money and the value thereof paid by the Guardian to the Orphan when he comes to age in the Countrey Commodities at the price Currant as it shall be worth at the time in the place where the Orphan Estate is managed That the Court take able and sufficient security for Orphans Estates and enquire yearly of the security and if the Court see cause to have it changed and called in and placed as the Court shall think fit the said Court to enquire also whether Orphans be kept maintained and educated according to their Estates and if they find any notorious defect to remove the Orphans to other Guardians And also for those that are bound Apprentices to change their Masters if they use them rigorously or neglect to teach them their Trades That no more be allowed to Guardians for Collecting of Debts due to any Estate then ten in the hundred the usual allowance of Merchants to their Factors and Attorneys That Thirty pounds of Tobacco per day be allowed to each Apprizet for Apprizement of any Estate if they will take it and no more That no allowance be made by the Court of Excessive Funeral expences but that a Regulation thereof be made according to the Proportion of the Estate and the Quality of the Person LXVII orphans-Orphans-Land not to be aliened BE it also Enacted for the future benefit of al Orphans That the several County-Courts do take into their serious consideration and care that the Lands in their County belonging to any Orphan be not aliened sold or taken up as deserted Land by any persons during the minority of the Orphan and that the Guards or Overseers of any Orphan do not lett set or Farm out any Land belonging to any Orphan for longer Tearm than until the Orphan be of age and that an especial care be had that the Tenant shall improve the Plantation by planting an Orchard and building a good House and that the Tenant be bound to maintain good Fence about the Orchard and keep the House in sufficient repair and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all Wast of Timber or imploying it to any other use then the use of the Plantation LXVIII Grants of Land BE it hereby Enacted That any person or persons claiming Land as due by Importation of Servants shall first prove their Title or Just Right before the Governor and Council or produce Certificates from the County-Courts to the Secretarie's Office before any Survey be made or Grant admitted It being unreasonable that others furnished with Rights should be debarred by pretence of a Survey which in it self is no Title LXIX Deserted Lands BE it also Enacted That no Pattent of Land shall hereafter pass upon pretence that the Land is deserted for want of Planting within the time of three years unless proof thereof be made before the Governor and Council and an Order obtained from them for the Pattenting thereof neither shall the first Petitioner for any
all Masters of Ships shall be obliged hereby to provide four Months allowance of Victuals for Passengers at their setting forth from the Downs or other Ports of England and to give the Passengers sufficient allowance of Dyet all the Voyage and Commanders of Ships respectively to take care that poor Servants do not want bedding in the Voyage in which particulars aforesaid if any shall offend they shall be lyable to grievous censure here according to the merit of the offence CXXVII Concerning Passes BE it also Enacted Confirmed That no Master of any Ship Vessel Boat or Barque shall Transport any person or persons out of this Colony except the said person or persons produce a Pass under the hand of the Secretary or such whom he shall depute or appoint upon the penalty to pay all such debts as any such person shal stand in debted to any person within this Colony at his or their departure and pay a Thousand Pounds of Tobacco to the Secretary for his contempt And it is further Enacted That before any such Pass shall be signed to any person he or they shall bring a Certificate from the Monethly Court where he or they reside that he hath set up his Name upon a Court-day ten days at least before his departure at the County-Court where he resides or otherwise shall put in sufficient security for the payment of all Debts that are due or owing from them to any person within the Countrey or his Name to be published and set up at the Church-dore two Sundayes in each Parish in the County where it is presumed all persons will be and the Readers Testimonial to the Clerk shall be sufficient Warrant for him to grant a Certificate And the Secretary and security after a year and a day to be discharged CXXVIII Imposition of two Shillings per Hogs-head THis present Grand Assembly of Virginia taking into serious Consideration the burthensom and unequal way of laying Taxes by the Pole and how they may with most honor and ease support the Government in well paying his Majesties Officers and as means perhaps of introducing money and an Encouragement to men to to produce other useful and beneficial commodities have thought fit to impose two shillings per Hogshead upon every Hogshead of Tobacco that shall be shipped on board of any Ship or other Vessel within Virginia to be exported and the Collectors of the said Imposition to dispose of no part thereof but by Order of the Grand Assembly only Be it therefore Ordained and Enacted by this present Grand Assembly and by the Authority thereof And it is hereby Enacted That the Master and Masters of all and every Ship and Vessel coming to Trade in Virginia shall upon Demand made by the Collector or Collectors who shall by Order of Assembly be impowred to receive the said Imposition from every Ship or Vessel enter into security to pay such Collector or Collectors two shillings for every Hogshead of Tobacco that shall upon any Accompt whatsoever be shipped on board his Ship or Vessel to be exported the said payment either to be made in Money Bills of Exchange or Goods at thirty per cent advance upon the price of such Goods at the first penny and all fraughters to be accomptable to the said Masters for the Tobacco by them shipped Be it also Ordained and Enacted by the Authority aforesaid for the Discovery of the Number of Hogsheads each Ship or Vessel contains that the Master of such Ship or Vessel shall deliver his Boat-Swains Book to the perusal of the Collector And make Oath of the truth of the same so farr as he knoweth And that the Mate's Boat-Swain or any other Sea-man be sworn if the Collectors see cause to discover the truth of the said fraught And if any Master of Ship or Vessel shall wittingly or willingly conceal any part of his fraught from the Collector and shall thereof be lawfully convicted then the said Master shall forfeit for every such offence the sum of One hundred pounds sterling one Moiety thereof to go to the Informer and the other to the Publique and be recovered by Action of Debt Bill or Plaint in General-Court or County-Court by vertue of this Act against which no Essoyn Wager of Law or Protection to be allowed to any person so offending Be it further Enacted and Ordained That if any Masters shall pass Bills of Exchange for the said Imposition that then the Collectors are hereby required to take sufficient caution of the said Master for the true and good payment of the same It is hereby also Ordained and Enacted That the Collectors of the several Rivers and Places in Virginia for the receiving of the said two shillings per Hogshead be appointed and confirmed by this present Grand Assembly and give sufficient security and caution for the due execution of the trust hereby reposed in them and to be accomptable to the next Assembly according to the tenor of this Act. And the said Collectors to be allowed ten per cent Salary for collecting the said Imposition Provided alwayes and it is hereby Ordained and Enacted by the Authority aforesaid That this present Act of Assembly be and remain in force CXXIX Every Inhabitant in Northumherland and Westmerland-Counties to give an Accompt how many Hogsheads of Tobacco they made and to whom sold WHereas the Imposition of Two shillings per Hogshead cannot conveniently be levyed upon Masters of Ships that come into Potomake River by reason of their Anchoring in the Dominions of the Lord Baltemore whence they send their Sloopes and Boats to fetch the Tobacco made in this Countrey without paying the said Imposition Be it therefore Enacted That every Planter inhabiting in the Counties of Northumberland and Westmerland shall certifie into the Collector's Office or unto his Deputies the Number of Hogsheads of Tobacco made by him and his Family and to whom they are sold and shall not suffer any of the said Hogsheads of Tobacco to be carryed out of his House until he receive Certificate from the said Collector that the Imposition of the said Tobacco is paid And if any Planter shall contrary to this Act suffer any of his Tobacco to be carryed aboard any Ship Boat or Sloop without such Certificate then the said Planter to be fined Twenty shillings for every Hogshead so carryed away without Certificate as aforesaid Whereas the like inconveniencies are incident to Northampton-County and lower Norfolk in recovering the Impositions of Two and Ten shillings per Hogshead as to the River of Potomake by reason of the Transportation of much of the Tobacco made in those places in Sloops to mary-Mary-land Be it Enacted That the Provinsional Act made the last Assembly for payment of those duties in Potomake-River extend and be in force in the said Counties of Lower-Norfolk and Northampton and that the Collectors appoint certain persons to take Accompt of the Planters according to the Tenor of this Act. CXXX Payment of Fort-Duties in