of the small Estate they have without diminution of the Principal which whether great or small always to be delivered to the Orphan at the years appointed by Law That all Cattle Horses and Sheep be returned in kind by the Guardian according to the age and number when as he received them Cattle Horses and Sheep shall be returned in kind 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 carelessness 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 Accounts 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 account to the next Orphans Court succeeding the Publication thereof That all Plate and Money be preserved and delivered in kind according to the weight and quantity Plate and Money shall be also returned in kind other Houshold-Stuff shall be appraised and sold that other Houshould 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 Country 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 inquire 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 Gaurdians 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 than Ten in the Hundred Ten per Cent allow'd to Guardians for collecting Debts due to Orphans the usual allowance of Merchants to their Factors and Attorneys That Thirty Pounds of Tobacco per day be allowed to each Apprizer for Apprizement of any Estate if they will take it and no more Allowance for Appraisement and for Funeral Charges regulated 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 Land not to be Aliened BE it also Enacted for the future benefit of all 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 Guardians or Overseers of any Orphan do not Let Set or Farm out any Land belonging to any Orphan for longer Term 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 Timber upon Orphans Land not to be wasted and the Houses to be kept in repair and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all waste 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 Governour and Council How persons claiming Land by importation of Servants must prove their Title or produce Certificates from the County Courts to the Secretarys 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 No Deserted Land shall be taken up by Patent till after the term of Three Years without Order obtained of the Governour and Council That no Patent 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 Governour and Council and an Order obtained from them for the Patenting thereof neither shall the first Petitioner for any Deserted Land be denied of having the first Grant he making his Rights appear when he Petitions for the Land And whereas the former Act concerning Deserted Lands reserved to the first taker up his Rights to take up Land in an other Place It is here Enacted That in regard he hath had the benefits of his Rights held the Land in Possession might make use of the Timber without contradiction and yet neither pays the King any Rents nor suffers him to admit any new Tenant that the Rights as well as the Land shall be forfeiâ—ed and the Grantee made incapable of using any of them afterwards Provided That any Person having taken up Land deserted before the making of this Act in November 1652 shall not by Virtue of this Act be outed of Possession LXX Seating upon others Dividends WHereas divers Suits have risen about seating ignorantly upon other Mens Lands Any Person who has built upon Lands supposed his own but upon Survey prove to belong to another shall have the charge thereof allow'd by the right Owner for deciding the same Be it Enacted That if any Person whatsoever hath built or seated upon any Lands supposed his own but proving by a just Survey to belong to another the charge of such building seating or clearing shall by Twelve Men upon their Oaths be indifferently valued and the consideration by the said Twelve Men so adjudged shall be paid by the Owner of the Land to the first Seater that was at the charge but if that shall amount to more than the said Owner is willing to disburse then the said Twelve Men shall make a valuation of what the Land was worth before the Seating thereof Or else shall Purchase the Land Twelve Men upon Oath are to decide any Controversy arising thereupon which the Seator shall accordingly pay to the true Owner Provided always That no consideratien shall be allowed for building or clearing to any Person that shall obstinately persist after lawful warning given him to desist LXXI Not to shoot or range upon other Mens Lands WHereas the Rights and Interests of the Inhabitants are very
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
obtain Credit here and contract several Engagements notwithstanding which Engagements past for valuable Considerations it often happens that the whole Estate is by pretended Accounts out of England Debts contracted in Virginia shall be first satisfied and Forreign parts taken away and the Countrey Creditors deprived by that means of their just Dues which this present Grand Assembly taking into their serious consideration Have therefore Enacted That in such Cases all Courts shall give a priority in Judgments for Debts contracted in the Countrey if the Claim be made within Twelve Months before which time no Forreign Debt shall be Pleadable unless there be Effects remaining after the Countrey Debts are paid But this Assembly intending hereby but only the prevention of frauds not the prejudice of any just Creditor that hath bonâ fide adventured his Goods into this Countrey hath therefore further Enacted That if any Factor coming out of England or any other of his Majesties Plantations shall within two Months after his Arrival make Entry in any Court of Record of the name of the Person adventuring by him and the value of the Goods adventured every such Adventurer shall if the Factor die have equal Pleading with the Inhabitants of this Countrey But in case no such Entry be made all Goods imported shall be taken to be the proper Estate of the Possessor And to the end all Merchants and other Persons concerned may have notice hereof It is further Enacted That this Act shall not be in force until the first of March 1665. II. An Act for Frontiers to be seated with Four able Hands WHereas Experience hath evidenced that the weakness of the Frontier Plantations hath animated the Indians to commit several horrid Murders This Grand Assembly endeavouring as much as may be the prevention thereof for the future have Enacted Plantations on the Frontiers to be strengthened with Four able Men well armed and by these presents do Enact That no person shall hereafter seat above the Plantations already seated but with Four able Hands well Armed at his first seating down Provided That such Persons that have already patented Land in any remote Parts may have Seven years granted them to seat and strengthen each particular Plantation with the aforesaid number of Four Men or else desert their Land III. An Act for Liberty to Plant. VVHereas many Endeavours have been used to induce the Province of Mary-Land to comply with this Government in the Endeavours of lessening the Quantity and advancing the Value of Tobacco which could it have been effected had undoubtedly much augmented the Happiness and Prosperity of both Countries but since the Government of Mary-Land have after so many Treaties and frustrated Expectations still continued their aversness Acts restraining Planting Repealed This Grand Assembly not thinking fit to lay a restriction upon this Government while they have so great a liberty have therefore repealed and anulled and do by these Presents repeal and anull all Acts or Proclamations whatsoever any way restraining the Inhabitants of this Countrey from making their utmost benefit of their Labour the ensuing year IV. An Act for the proportioning all Actions to the Forenoon and Afternoon WHereas the dispatch of business to the General Courts is very much retarded by the liberty granted to all persons Arrested to the said Courts to appear at any time within the day assigned in the Writ by the Plantiff by which means most Causes are referred to the Afternoon and that time being insufficient to hear and determine the said Causes the Court is thereby necessitated to put Business out of Course by referring them to the next Morning For prevention of which Inconveniences this Grand Assembly have thought fit to Enact and it is by the Authority thereof Enacted The time for Issuing out of Writs regulated That all Writs that shall for the future issue out of the Secretaries Office returnable to the General Court shall be divided according to the respective days into Ten for the Forenoon and Ten for the Afternoon and if the Plantiff shall at that time fail in appearing to prosesecute a Non-suit shall be granted against him and Judgment against the Defendant or Bail or Sheriff in case the Defendant fail of his Attendance to Answer V. An Act concerning the regulating the Secretaries-Office WHereas it is evident that in all Countreys the well and ill keeping of the Records is of the highest Consequence as being the only means to preserve the Rights and Properties of all the Inhabitants of the same and since it appears that there hath been a great Neglect in keeping the Records in this Countrey For remedy whereof for the future the Grand Assembly at the instance of the present Secretary Thomas Ludwel Esq have thought fit to Enact and be it by the Authority thereof Enacted That Captain Robert Ellison The Records to be carefully Stated Mr. Walter Chiles and the Clerk of the Assembly be appointed by the House to examine and state the Records as they now are and that for the future as soon as there is a place convenient to receive them No person may be permitted to view them without publick Order except only the Clerks of the Office or whom else the Secretary shall appoint no Person may have a view of them unless upon publick Order but the Clerks of the Office or whom else the Secretary shall appoint it being impossible to keep the Records certain when they are prostituted to the view of every one that will look into them who may as their interest leads rend out what may make against them Provided That any Person having occasion may be with the Clerk when he makes the Search for which Search there shall be paid to the Clerk for his Fee One Shilling or Ten pounds of Tobacco besides paying for the Copy of the thing searched for The Clerks Fee for searching the Records And it is further Enacted That but half that Fee shall be paid to the Clerk for searching the County Court Records VI. An Act for conveneing of the People upon the Summons of the Burgesses to adjourn Assemblies VVHereas the principal end of the Convention of Assemblies is the making Provisions for the peoples Safety and redress of the Grievances which being usually made known to the Burgesses of the respective Counties at the place and time of their Elections which upon Adjournment of Alsemblies is not done Notice to be given to the people by Proclamation when the Assemblies are to be adjourned by reason the Sheriff does not make publication of their Summons It is Enacted That for Convention of the Burgesses at this or future Assemblies adjourned timely notice may be given to the people by publication in the Parish Churches of the day appointed by the Sheriff of their meeting at the usual places of Election to present their Grievances to the Burgesses VII An Act concerning VVidows Thirds WHereas some doubts have arisen about the proportioning and
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
Encouragement for killing of Wolves be Repealed Particular Counties Authorized to make by-Laws for the killing of Wolves and that in place thereof there be Liberty granted to each Respective County to make such By-Laws for Encouragement of killing Wolves as they shall-think fit XV. An Act giving Seven Years time to seat Frontier Lands WHereas by reason of the late Murders Comitted by Barbarous Indians which they continue daily to commit and also by reason of the frequent Incursions and the late destructions and troubles amongst us very many of the Inhabitants of this Countrey his Majesties Leige People have been inforced to forsake their Plantations and leave their Lands uninhabited especially in the Frontier Counties Be it therefore Enacted by this present Grand Assembly and the Authority thereof and it is hereby Enacted that all Lands or Tracts of Land forsaken or uninhabited by reason of the Incursions of the Indians and the late troubles and distractions amongst us shall not lie desart by want of due Seating and planting such Lands in less time then seven years from the date of this Act. And that for the time to come Frontier Counties to be planted and inhabited seven years time be allowed from the date of this Act for the Seating and planting such Lands as are already taken up and patented in the frontier Counties of this Colony XVI An Act Regulating Burgesses Expences WHereas by former Acts and Orders of Assembly it is provided Enacted and Ordered that the Allowance to every respective Burgess for his necessary Expence and charge attending at Assemblies be for every day one hundred and Fifty pounds of Tobacco over and besides the necessary charge and expences of his coming to and returning from the Assembly and also the inavoidable cost and necessary charges of his waiting Servant and Horses is complained of as grievous and burthensome to the people This Assembly having taken the same into their serious consideration Do enact and Be it enacted by the Governour Council and Burgesses of this grand Assembly and the authority thereof and It is hereby enacted That for the time to come the allowance to each and every respective Burgess which shall attend at any Assembly hereafter to be called be one hundred and twenty pound of Tobacco and Cask per day and for such allowance to commence and begin two days before the first day of every Assembly What Allowance Burgesses shall have during their attendance at the Grand Assembly and two days after for convenient time for every Burgess to return home And to prevent the great charge and abuse that may accrue by Burgesses coming to Assemblies by Sloops and Boats Be it enacted by this present Grand Assembly and the authority thereof and it is hereby enacted That over and above the one hundred and twenty pounds of Tobacco per day allowed to each Burgess for his expense there be allowed for the charge of a Sloop two men to sail the said Sloop and their provisions for the two Counties of Northampton and Accomack sixty pounds of Tobacco per day and no more and that the charge of a Boat two men to row and their Provisions bringing such Burgesses as can come none other way but by water be thirty six pounds of Tobacco per day and no more and that the charge for Horse-hire for such Burgesses as come by land be ten pounds of Tobacco per day for each Horse so used and that their unavoidable charge and payments for passage by Ferry over the Rivers in their coming to Assemblies returning home be also allowed them And be it further enacted by this present Grand Assembly and the authority thereof And it is hereby enacted that if emergent occasion shall require that an Assembly be called before there are houses of entertainment built that then those Burgesses that must of necessity come by water in sloopes have the same allowance with the Eastern Shore Burgesses and those other Burgesses who must necessitously use Boats to bring their Provisions and other necessaries and that for the time to come no expence of Committees be allowed of or brought to the publick account XVII An Act for opening Courts of Judicature VVHereas by reason of the late horrid Rebellion all Courts of Judicature have been shut up and the rightful and due course of Justice could not possibly be taken and administred Be it therefore enacted by this present Grand Assembly and the Authority thereof that from and after the date of this Act all Courts of Judicature may be opened and that the Respective Justices of the several County-Courts do assemble themselves together and hold Courts according to the Laws and according to the usual manner and Custom of the Countrey at the usual places and days appointed by Law or by them accustomed to be held that Justice may again be freely exercised and done in all cases where it shall be required At a Grand Assembly begun at Middle-Plantation October the Tenth Anno 1677. I. An Act imposing Fines upon Delinquency of Grand Juries FOr as much as the thirty eighth Act of Assembly in the Printed Laws directing and commanding that Juries of Inquest be Impanelled and Sworn in every Countie to the ends and purposes therein mentioned is by reason there is no Fine set upon the Justices neglecting to appoint and swear the same Nor upon the Jurors not making due enquiry and Presentment according to the true intent and meaning thereof become generally neglected and unexecuted Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof and it is hereby enacted Fines laid on Justices of Peace for neglecting to Impanel Grand-Juries That the Justices of Peace of each Countie of Virginia neglecting and omitting once every year before or upon the last day of April to make Choice of and swear a Jury of Inquest according to the true intent and meaning of the before Recited Law shall be Fined for every such omission Two Thousand Pounds of Tobacco the one half to the Informer and the other half to the Counties use And each Jury of Inquest not making appearance at the time appointed in the Law or not making Inquest and Presentment according to the intent and meaning thereof shall be Fined each Juryman making such default Two Hundred Pounds of Tobacco the one half of which Fines to be paid to the Informer and the other half to the use of the Counties for each such default whereof they shall be lawfully Convict II. An Act Prohibitting private Compositions FOr as much as very many Complaints have been made of the unreasonable Compositions made by divers persons for Trespasses done in time of the late Rebellion for prevention whereof for the future Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the Authority thereof And it is hereby Enacted that for the time to come no Composition shall be made with any person whatsoever for any
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
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
Bills of Lading not containing above 20 Hogsheads ibid. In Bills of Lading exceeding that number Twelve Pence for every Cocquet ibid. Corn. Two Acres of Corn for each Tythable Page 82. Or one Acre of English Wheat ibid. Corn shall not be Exported upon penalty of paying 200 l. of Tobacco for every Barrel thereof and twice the price of other provisions Page 197. Coroner An Act ascertaining Coroners Fees Page 226. In Counties where there is no Coroner a Justice of Peace shall perform his Office and receive the Fee due to the Coroner ibid. County A Pillory a Whipping Post a pair of Stocks c. to be set up in each County Page 31. No person shall remove out of the County where he dwells without first setting up his Name on the Church-door three Sundays with his intention of removeing and whither Page 46. Cattle shall not be removed out of the County withoue notice first given to four of the Neighbourhood ibid. Counties or Parishes to make By-Laws which Laws shall be obeyed by the Inhabitants of the said Counties or Parishes Page 112. Inhabitants of the County shall obey the By-Laws thereof Page 237. Where two or more Counties lie conveniently one publick Ware-house may serve in common between them Page 266. Courts Courts formerly called Quarter Courts to be hence forth stiled General-Courts Page 14. Rules for the beginning continuance and proceedings in Courts Page 15. How the Stile of the Court shall be entred ibid. Warrants for Proceedings in Courts to be issued by the Clerk Page 16. How long Courts shall sit each day Page 18. Criminal Causes shall be tryed only at the General Courts and on the Fourth day Page 20. County-Courts appointed and how to be formed Page 26. Members of County-Courts shall take the Oaths of Allegiance and Supremacy and the Oath of a Justice of Peace ibid. An what places and when County Courts shall be held ibid. Form for entring the Stile of the County-Courts Page 28. Court shall not take Cognizance of any thing under 200 l. of Tobacco ibid. Private-Courts prohibited Page 29. County Courts may grant Probates of Wills and Administrations upon the Estates of Persons dying intestate Page 48. Discounts to be made in Courts Page 69. The General Court to be held the 15th of April Page 139. Land alloted for building Court Houses Page 156. County Courts shall re-examine their Orders Page 162. An Act for opening Courts of Judicature Page 213. An Act impowering County-Courts to make By-Laws Page 237. Two Men of each Parish chose by the Free-holders and House-keepers shall sit with the Justices in County Courts for making By-Laws ibid. Criminals When several are Actors in the same Crime every one shall be fined Page 132. Criminals having Estates shall defray the Charge of their own Prosecution Page 147. Otherwise to be prosecuted at the Charge of the County ibid. D Debts NO Debts pleadable in Virginia for Goods Imported thither Page 123. Debts contracted in Virginia shall be the first paid Page 125. No Debts pleadable against Dead Mens Estates but such as were contracted within One year before their decease Page 239. Declaration Plantiff shall file his Declaration three days before the day of Hearing Page 18. Defendant shall put in his Appeal to the Plantiffs Declaration Page 28. Dedimus Potestatem How a Dedimus-Potestatem shall issue Page 24. In what Cases to be granted by whom and to whom it shall be directed ibid. The Fee for a Dedimus Potestatem Page 163. A Dedimus Potestatem may be signed by any Member of the Council Page 290. Defamation What Defamations are Actionable Page 29. Babling and Slanderous Women to be punished by Ducking Page 107. Persons provoking others by Aggravations or Terms of Distinctions fined 400 l. of Tobacco Page 216. Any person who shall either by Words or Writing Defame the Governour shall suffer a years Imprisonment without Bail c. Page 250. E. Errors A Amendment thereof Page 18. Evidence Evidence shall be given Viva Voce in Cases Criminal Page 24. Penalties of Non-appearance upon Subpoenas Page 25. Allowance for Evidences summoned to the General Court Page 193. Execution An Act permitting persons under Execution to redeem their Bodies with their Estates Page 123. Proceedings in case of an Execution for Debt and what relief may be had therein Page 124. Executions issuing upon Judgment granted by the Assembly shall be drawn by the Clerk and signed by the Governour Page 228. Writs of Execution and Writs of Attachment how to issue Page 290. Exportation No Merchant or Mariner shall Transport any person out of this Collony without Certificate Page 46 Against Exportation of English-Goods Page 87. Mares and Sheep not to be Transported ibid. Exportation of Iron Wooll Wollfells Skins Hides or Leather prohibited Page 285. F. Fasts c. A Fast to be kept annually on the 30th of January Page 7. The 29th of May appointed to be kept Holy Page 8. The 13th of September to be annually kept Holy Page 125. A Fast appointed Page 157. Fences Fences shall be four foot and a half high or else no Damages to be allowed for Trespass Page 58. Sheep comprehended in the Act concerning insufficiency of Fences Page 149. Fences of Corn-Fields shall be four foot and a half high Page 167. Fines Courts only shall impose and collect Fines Page 32. An account thereof shall be kept by the Clerk ibid. Fish An Act restraining the striking and killing of Fish between the first of April and first of November Page 281. Flax and Hemp. Flax-seed to be distributed into each County Page 79. An Act for the Manufacture thereof Page 188. One Quart of Flax-seed and the like quantity of Hemp-seed to be distributed to every Tythable person in each County ibid. One pound of dressed Flax or Hemp to be yearly made for every Quart of Seed received ibid. Twenty four pound of Tobacco allowed by the publick for every Peck of Flax-seed of the growth of the Countrey and Twenty pounds of Tobacco for every Peck of Hemp-seed Page 296. For every Tythable in the year 1684 shall be made one pound of Flax and one pound of Hemp dressed or Two pounds of either and so yearly after Page 297. Fornication An Act against Fornication Page 73 Persons convicted of Fornication fined 500 l. of Tobacco ibid. Fornication with a Negro-man or Woman punishable Page 111. Forts and Fort-duties Three pence per Hogshead payable for Fort-Duties in Accomack c. Page 93. Masters of Ships may pay their Fort-Duties in Musquet-Powder and Shot Page 113. A Fort ordered to be Built Page 136. Forts ruinated and demolished shall be built a-new or repaired with Brick Page 176. Levies for building and repairing Forts ibid. Frontiers Plantations on the Frontiers to be strengthened with four able hands well Armed Page 126. An Act giving Seven years time for seating Frontier-Lands Page 210. G. Garisons FOur Houses for Stores and Garrisons ordered to be built at the publick Charge Page 229. Places where
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-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
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