they are paid in being commonly the refuse of their cargo Be it therefore Enacted Masters of Ships shall give an Account of the Bdrthen of their Vessels and a List of their Passengers to the Collector of Castle-Duties That all Masters of Ships and other Vessels being thereunto required by the Officer appointed by the said Collonel Morrison shall give in a true Burthen of the Ships or Vessels and the List of their Passengers at such convenient places and to such persons as the said Collonel Morrison shall in each River appoint upon Oath to be administred by his said Collector or Officer if a Commissioner or else by any one or two Commissioners and if any Master shall make false Entry either of his Burthen or List of Passengers then he shall upon proof thereof made pay Treble Duties for the number of Passengers or quantity of Tuns concealed the same to be recovered out of the Estate of the Master so offending and the like Penalty upon all such Masters as shall without coming into Harbour fetch away their loading in Sloops or Boats Half a pound of Powder 3 l. of Leaden Shot and 6 d. per Poll payable for Castle Duties And what Master soever shall not pay his Duties in kind being half a pound of Powder and three pound of Leaden-Shot per Tun and Six pence per Poll for every person imported not being a Mariner that then he shall pay in lieu thereof One Shilling per Tun and Six pence per Poll either in Money or Goods as they cost at the first Penny and that the Collectors thereof transmit the said Entries of Ships and Passengers under the hand of the said Masters to the said Collonel Morrison to be by him recorded in his Fort-Book as formerly hath been accustomed CXXXIII Ships to come up to James City VVHereas the Kings Majesties frequent Instructions hath Commanded that all Masters of Ships arriving in this Countrey should before they break Bulk bring up their Ships to James City which by reason of the seating of the Inhabitants in divers Rivers cannot without much prejudice to the said Masters extend to all parts of the Countrey yet that his Majesties Commands may as much as in us lieth be effectually obeyed We the Governour Council and Burgesses of this Grand Assembly have thought fit to Enact and be it Enacted by the Authority aforesaid That all Ships whatsoever arriving in James River Ships arriving in James River shall be brought up to James City do accordingly with the first Fair Wind and Weather after their arrival bring up their Ships to James City and there make Entry of their Ships take out Licence to Trade and perform such other things as they shall be there certified the Laws of the Countrey do enjoyn them CXXXIV Priviledge of Virginia-Owners VVHereas some doubts have arisen about the priviledge of Virginia-Owners and their exemption from the payment of the Duties of Two and Ten Shillings per Hogshead Be it Enacted and Declared That the said Priviledge is granted only to the Owners and Adventurers in such Vessels as solely and wholly belong to the Inhabitants of this Countrey Such Vessels only as solely and wholly belong to the Inhabitants of this Collony freed from payment of the 2 s. and 10 s. per Hogshead and not to such persons as are only Partners of Vessels whose other Partners dwell in other Countreys and the Governour be Judge of such Proprieties and certifie the same to the Collectors CXXXV A Publick Notary appointed VVHereas for want of a Publick Notary the Certificates and other Instruments to be sent out of this Countrey have not that Credit given them in Foreign parts as duly they ought Be it therefore Enacted That Henry Randolph Clerk of the Assembly be authorized and sworn a Publick Notary for this Countrey to whose attestation at home and abroad We desire all Credence may be given CXXXVI Acts concerning the Indians WHereas the mutual Discontents Complaints Jealousies and Fears of English and Indians proceed chiefly from the violent Intrusions of divers English made into their Lands forcing the Indians by way of Revenge to kill the Cattle and Hogs of the English and by that means Injuries being done on both sides Reports and Rumours are spread of the hostile Inventions of each to others tending infinitely to the disturbance of the Peace of his Majesties Countrey and whereas the Laws prohibiting the purchase of any Indians Lands unless acknowledged at General Courts or Assemblies by reason it is as easie to fright them to a publick as well as a private acknowledgment are made fruitless and ineffectual corrupt Interpreters often adding to this Mischief by rendring them willing to surrender when indeed they intended to have received a confirmation of their own Rights and a redress of their Wrongs which Mischiefs had they continued must needs have involved the Countrey into an inevitable and destructive War For Remedy of which Inconveniences and that for the future a sure equitable Peace may be established the Governour Council and Burgesses out of their tender care of Justice and the Peace of this his Majesties Countrey have Enacted Ordained and Confirmed and do by these presents Enact Ordain and Confirm That for the future No Indian King or other shall upon any pretence alien or sell nor no English for any Cause or Consideration whatsoever purchase or buy No Purchase shall be made by the English of any Lands now justly claimed or actually possessed by the Indians any Tract or parcel of Land now justly claimed or actually possessed by any Indian or Indians whatsoever all such Bargains and Sales hereafter made or pretended to be made being hereby declared to be invalid void and null any Acknowledgment Surrender Law or Custom formerly used to the contrary notwithstanding And further That the Indians properties in their goods be hereby assured and confirmed to them and their persons so secured that whoever shall defraud or take from them their Goods No Injuries shall be done to the Indians or do hurt or injury to their persons shall make such Satisfaction and suffer such Punishments as the Laws of England or this Countrey do inflict if the same had been done to an English-man And be it further Enacted That what English-man hath already contrary to the Laws formerly in force for surrendring and acknowledging Indians-Lands made incroachments or seated upon them shall if thâ—â— make not good proof of their Title upon Complaint maâ—e be by Order directed to the Sheriff to execute remâ—ved from their Seats of Land thus wrongfully incroached and all Houses by them built upon the said Lands be demolished and burned And be it further Enacted That all English Men having by Surrenders made at Quarrter-Courts or Assemblies Such of the English as are seated near the Indians shall assist them in makeing a Fence procured a colourable right to any Land by the said English now seated within Three Miles of any Indians
be held for fraudulent and of no force to the barring the Claim of any Creditor in this Countrey X. An Act for Defendants in Appeals to give in Security to answer the Appeal WHereas by the Laws of this Countrey all Appelants from any Court are bound to Prosecute their Appeals but the Defendant left at liberty without Security for his Appearance All Defendants in Appeals shall give Bail for their Appearance Be it therefore Enacted That henceforth all Defendants in Appeals shall give Bail for their Appearance as in case of Arrests and the Sheriff and Bail to be responsible for Non-appearance as in case of Arrests XI An Act concerning Servants brought in under Sixteen years of age WHereas by act of Assembly the several Courts are appointed Judges of the age of Servants coming in without Indentures Servants brought in without Indentures what to be done in that Case but no time limited after their arrival for the bringing of them to those Courts Be it therefore Enacted That every Master buying or bringing in a Servant without Indentures shall be and hereby is enjoyned to carry him to the Court within four Months after he hath bought him when the best Judgment may be given of his Age or else the Servant shall not serve any longer than those of Sixteen years are to serve by the Custom of the Countrey XII An Act for Mulatto Children being bound or free according to Condition of the Mother WHereas some doubts have arisen whether Children got by an English Man upon a Negro Woman should be Slaves or Free Be it therefore Enacted and Declared by this present Grand Assembly That all Children born in this Countrey Fornication with a Negro-Man or Woman punishable shall be held Bond or Free according to the condition of the Mother and that if any Christian shall commit Fornication with a Negro Man or Woman he or she so offending shall pay double the Fines imposed on Fornication by the former Act. XIII An Act declaring VVomen-Servants Tythable WHereas divers persons purchase Women-Servants to work in the Ground that thereby they may avoid the payment of Levies Be it therefore Enacted Woman-Servants working in the Ground Tythable That all Women-Servants whose common Imployment is working in the Ground shall be reputed Tythable and Levies paid for them accordingly and that every Master of a Family not giving an accompt of such in his List of Tythables shall be fined as for other Concealments XIV An Act ascertaining Damages upon Bills protested Vide Act 18th Anno 1666. XV. An Act impowering Counties or Parishes to make By-Laws WHereas some particular Inconveniences may happen in a respective County or Parish which cannot well be concluded or remedied by a General Law It is therefore Enacted By-Laws to be obeyed by the Inhabitants of the said Counties That the respective Counties and the several Parishes in those Counties shall have and hereby are impowered to have liberty to make By-Laws for themselves which Laws so constituted and approved by the Major part of the said Counties or Parishes shall be binding upon them as fully as any General Act. XV. An Act for building a Town Vide Act 5th 1680. XVI An Act for the Imposition of 2 s. per Hogshead WHereas the Kings most Excellent Majesty hath been graciously pleased by his Instructions to the Right Honourable Sir William Berkley bearing date the 12th day of September 1662 Two Shillings to be paid for every Hogshead of Tobacco Exported Vpon default to be confiscated to confirm the Imposition of Two Shillings imposed by a former Act of Assembly upon every Hogshead of Tobacco exported out of this Collony with the Limitations offered to his Majesty by his Majesties Council of Trade for the Plantations Be it therefore Enacted by this present Grand Assembly That the Limitations of the said Order of his Majesties Council for Plantations be strictly observed And that no Merchant Master Mariner or any person or persons that shall receive and Ship on board any Ship Vessel Barque Sloop or Boat any Tobacco before the said Imposition of Two Shillings per Hogshead be duly paid in Moneys or in the value thereof in Goods or Merchandizes unto the Collector or Collectors appointed by the Right Honourable the Governour and due Certificate or Cocquet from him or them received And in Case any Master shall receive any Tobaccoes on board without such Cocquets or Certificates first had from the said Collector or Collectors all such goods to be Confiscated to the use of the Publick XVII An Act concerning Castle Duties WHereas the Act of Assembly enjoyning each Master of a Family to provide a certain quantity of Powder and Shot for each Tythable in his Family is rendred altogether ineffectual unless a Means be prescribed how such Powder should be procured Be it Enacted and Ordained by this present Grand Assembly That for the better Supply of the Countrey All Masters of Ships and Vessels may pay their Fort Duties in kind viz. Half a Pound of Merchantable Musquet Powder and Three Pound of Leaden Shot for each Tun their Ship or Vessel is of Burthen to the Captain of the Fort. The Masters of Ships may pay their Fort Duties in Musquet Powder and Shot And that the said Captain of the Fort shall be paid for what the said Powder and Shot shall amount to out of the Impost of 2 s. per Hogshead in Bills of Exchange at the rate he received it from the Masters viz. at One Shilling per Pound Powder and Two Pence per Pound Shot And it is further Enacted That if any of the Masters of Ships or other Vessels shall not pay their respective Fort Duties of Half a Pound of Powder and Three Pound of Shot and Six Pence per Poll all of them in their very kinds that then the said Masters shall pay the same to the said Captain of the Fort or in his Absence to his Attorney or Attorneys in Money or good Bills of Exchange any other Act to the contrary notwithstanding XVIII An Act Imposing a Tax upon Horses Repealed by the Second Act of Assembly Anno 1665. XIX An Act for Incouragement to Build Vessels Repealed by Act 15. 1666. XX. An Act for Handy-craft-men to pay Levies VVHereas the necessity of the Countrey requires the laying upon it extraordinary Taxes at present Handy-crafts-men shall pay Levies Be it therefore Enacted That the former Act exempting Trades-men and Handy-crafts-men from paying Levies be suspended for Five years and they to pay as formerly XXI An Act concerning Hides VVHereas the Act restraining the Exportation of Hides lays the Penalty only upon the Buyer and therefore produced not the Effect intended thereby which was the supply of the Countrey with Leather Be it therefore Enacted That whosoever shall sell or otherwise dispose of any Hides contrary to the intent of the â—ormer Act Such as sell Hides for Exportation fined 1000 l. of Tobacco for every Hide so sold
Ship or Vessel with all their Apparel and Furniture to them and every of them belonging and the Master Penalty upon such as are privy therâ—o Marriner or Seamen thereof knowing such offence or being aiding or assisting thereunto shall forfeit all their Goods and Chattels and have Imprisonment for the space of three months without Bail or Mainprize the one Moity of which said Penalties and Forfeitures shall be to the Kings Majesty his Heirs and Successors and the other Moity to him that will sue for the same by action of Debt Bill Plaint or Information in any Court of Record wherein no Essoin Protection or wager of Law shall be allowed And be it further enacted by the authority aforesaid That every offence that shall be done or committed contrary to this Act shall and may be enquired of heard examined tryed and determined in the County where such Iron Wool Wolfels Skins or Hides or any manner of Leather Tanned or Untanned of Deer Ox Steer Bull Cow or Calf respectively shall be so loaden or laid on Board as aforesaid contrary to this Act or else in the County where such Offender shall happen to be apprehended or arrested for such Offence in such manner and form and to such effects to all intents and purposes as if the same had been wholly and altogether commited at and in such County Provided always and be it Enacted by the authority aforesaid that no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unlsss such person or persons shall be Prosecuted within two years next ensuing such offence committed Prosecution shall be made within two years after the Offence committed And be it further Enacted by the authority aforesaid that it shall and may be lawful to and for any person or persons to seize take and challenge to his and their own use and behoof and to the use of the King his Heirs and Successors all and all manner of such Iron Wool Woolfels Skins or Hides Tanned or Untanned of Deer Ox Steer Bull Any Person may make seizure of such Iron Wool Hides c. as are found on Boaod for exportatien and shall have the Moity thereof for so doing Cow or Calf as he or they shall happen to see find know of or discover to be laid on Board of any Ship or other Vessel or Boat to the intent and purpose to be exported or conveyed out of the Country contrary to the true meaning of this Act and that such person or persons that shall happen to seiz take or challenge any such Iron Wool Woolfels Skins or Hides Tanned or Untanned of Deer Ox Steer Bull Cow or Calf as aforesaid shall have the full Moiety thereof to all intents and purposes And be it further enacted by the authority aforesaid that whatever person or persons shall from and after the first day of January next sell or dispose vend or barter to or with any Merchant not being an Inhabitant of this Country or to or with any Master of or Marriner or other person belonging to any Ship Vessel Boat or Sloop any Iron Wool Woolfels Skins or Hides or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf the person or persons so offending and being thereof lawfully convicted shall forfeit and pay for every Hide or any manner of Leather Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf one hundred pounds of Tobacco and for every pound of VVool or Woolfels twenty pounds of Tobacco and for every pound of Iron five pound of Tobacco sold so disposed or batered as is aforesaid the one half to his Majesty his Heirs and Successors and the other half to him or them that will sue for the same by Action of Debt Plaint or Information in any Court of Record wherein no Essoin Protection or wager of Law shall be allowed or granted And for the better putting this Act into Execution Be it enacted by the authority aforesaid that all Justices of the Peace in every Respective County Justices of Peace shall sue Warrants to the Sheriffs or other Officers to be assisting in the seizure in case of Oposition be required and enjoyned upon notice to him or them given of any Skins Iron Wool VVoolfels Hides Tanned or Untanned of any Deer Ox Steer Bull Cow or Calf being on Board any Ship Sloop or Vessel or of any opposition resistance made in the seizure thereof to issue out his VVarrant to the High-Sheriff Under-Sheriff Constable or other Officer Requiring them to go on board such Ship Sloop or Vessel and there to make diligent search and seizure of the said Hides Skins Iron Wool Woolfels or any Leather Tanned or Untanned found on board the Ship Sloop or Vessel or if any Justice or Justices of the peace upon Request to him or them made Refuse or Neglect to Issue out Warrant or any Sheriff under-Sheriff or other Officer shall Refuse to execute such Warrant he or they so offending shall forfeit three thousand pound of Tobacco and Cask or if any person or persons Penalâ—ies upon such Justices Sheriffs and others as shall not give due obedience to this Act. shall upon command made to him in his Majesties Name refuse to be aiding or assisting to such Sheriff or other Officer in the Execution of such Warrant every such person so offending shall forfeit the sum of one thousand pounds of Tobacco with Cask one half of all such Fines and Forfeitures to be paid to the Kings Majesty and the other half to him or them that will inform to be recovered as is before directed And it is further Enacted by the authority aforesaid that every Collector in this Country shall at the entry of every Ship or Vessel acquaint every Master of such Ship or Vessel with this Act and enter a particular clause in the condition of their Entry-Bond for the performance of the same Provided alwayes and it is the true intent and meaning of this Act that if any person or persons shall hereafter be sued or impleaded by vertue hereof for the breach of any clause or prohibition herein contained upon the Forfeitures or Penalties herein before mentioned expressed or provided that then and in such case such person or persons so prosecuted sued or impleaded shall not be liablebe subject to be sued impleaded or Prosecuted by any other Law heretofore made or provided against the exportation of any of the Hides Iron Wool Skins or other things herein before enumerated any other or former Law The time this Act shall continue in force Custom or Usage to the contrary notwithstanding Provided also that this Act shall continue in force until the tenth day of November which shall be in the year of our Lord 1685. and from thence to the end of the next Session of Assembly V. An Act Directing how Commissions of Dedimus Potestatem and other Writs shall Issue WHereas the present course of
Scales by which they are to receive in and deliver out all Grain And that they do sufficiently grind and exchange the said Grain so brought upon the penalty in case they do exact beyond the said proportion for grinding or exchanging or in case of default of such Weights or Scales Penalty upon Millers Exactions or for not sufficiently grinding of the sum of One thousand pounds of Tobacco and that the Grand Jury enquire thereof CXXII Against Exportation of English Goods WHereas the necessities of this Countrey are relieved chiefly by the Importation of English Goods and that relief much obstructed by many that bring in unnecessary Commodities and make sale thereof for Tobacco which they again truck for Substantial Commodities as Cloathing and the like and by that means leave the Countrey destitute of its own Supplies It is hereby Enacted That what person or persons soever shall after the First of June next export out of the Collony any English Goods not by him formerly imported shall upon discovery forfeit such Goods and be fined the value the one half to the Informer and the other to the Publick CXXIII No Mares or Sheep to be transported IT is also Enacted That no Mares or Sheep be transported out of the Countrey upon treble the value to be forfeited by the Offendor and by him paid one half to the Informer and the other half to the Publick CXXIV Against Selling of Rum but in places appointed WHereas the excessive abuse of Rum hath by experience been found to bring Diseases and Death to divers people and the purchasing thereof made by the exporting and unfurnishing the Countrey of its own Supplies and Staple Commodities It is Enacted That what Vessel soever shall after the First of March 1663 Six pence payable for every Gallon of Rum and One penny for every pound of Pavele Sugar brought on Shore at any other Port than is appointed by the Assembly except such as belong wholly to Inhabitants of this Countrey bring in them any Rum or Pavele Sugar the said Vessels so bringing it in shall not unload or sell the same at any place or places but such as are by Act of Assembly appointed Ports for the vent of the said Commodities and shall bring the same on Shore and enter the quantity and pay for every Gallon of Rum Six pence Custom and for every pound of Pavele Sugar One penny before they shall be permitted to sell or dispose of any part thereof CXXV Against Stealing of Hoggs WHereas the Stealing and Killing of Hoggs is a Crime usually committed and seldom or never detected or prosecuted in this Collony Hogg-Stealers shall pay 2000 l. of Tobacco half to the Owner and half to the Informer Or else shall serve two years one to the Owner and one to the Informer Be it therefore Enacted That for the better prevention thereof that whosover shall steal or unlawfully kill any Hogg which is not his own and the said Fact being proved by sufficient Evidence he or they so offending shall pay to the Owner of the said Hogg One thousand pounds of Tobacco and One thousand pounds of Tobacco to the Informer And in case of inability to pay and satisfie the said Sums the person so offending shall serve Two years viz. One year to the right Owner of the said Hogg and the other to the Informer And if any person be found to bring home any Hog or Hogs so killed without their Ears shall be adjudged a Hog-stealer and to be proceeded against accordingly And that such persons as shall receive such Hogs into their Houses and not immediately discover the same to the next Commissioner then such Receiver shall be proceeded against as if he had been an Actor in the Trespass And in case the Owner of the Hog inform he to have both the Fines CXXVI Masters of Ships to provide Four Months Provision BE it Enacted Masters of Ships shall give sufficient Allowance of Diet to Passengers And take care that poor Servants have good Lodging That 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 Diet 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 liable to grievous Censure here according to the merit of the Offence CXXVII Concerning Passes BE it also Enacted and Confirmed No Macter of a Ship shall Transport any person out of this Collony except the said person produce a Pass That no Master of any Ship Vessel Boat or Barque shall transport any person or persons out of this Collony 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 shall stand indebted to any person within this Collony 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 Monthly Court where he or they reside The Method to be observed in granting such Passes 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 this Countrey or his Name to be published and set up at the Church door two Sundays 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 Impositions of 2 s. each Hogshead THis present Grand Assembly of Virginia taking into serious Consideration the burthensome and unequal way of laying Taxes by the Pole and how they may with most honour and ease support the Government in well paying his Majesties Officers and as means perhaps of introducing Money and an Encouragement to Men to produce other useful and beneficial Commodities have thought fit to impose two Shillings per Hoshead 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 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 impowered 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 account 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 Freighters to be accomptable to the said Masters for the Tobacco by them Shipped Be it also Ordained and Enacted by the Authority aforesaid Masters of Ships shall give an Account of their Freight to the Collector upon Oath for the discovery of the number of Hogsheads each Ship or Vessel contains that the Master of such Ship or Vessel shall deliver his Boats-swains Book to the perusal of the Collector and make Oath of the Truth of the same so far as he knoweth and that the Mates Boats-swain or any other Sea man be sworn if the Collectors see cause to discover the Truth of the said Freight And if any Master of Ship or Vessel shall wittingly or willingly conceal any part of his Freight from the Collector Masters of Ships concealing any part of their Freight fined 100 l. Sterling 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 Publick and to be recovered by Action of Debt Bill or Plaint in General Court or County Court by vertue of this Act against which no Assoin 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 thereby reposed in them and to be accomptable to the next Assembly according to the tenor of this Act The Collectors Sallary and the said Collectors to be allowed Ten per Cent. sallery for collecting the said Imposition Provided always 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 Northumberland and VVestmorland Counties to give an Account how many Hogsheads of Tobacco they made and to whom sold WHereas the Imposition of Two Shillings per Hogshead cannot conveniently be levied upon Masters of Ships that come into Potomack River by reason of their Anchoring in the Dominions of the Lord Baltemore whence they send their Sloops and Boats to fetch the Tobacco made in this Country without paying the said Imposition Be it therefore Enacted That every Planter in the Counties of Northumberland and Westmorland shall certify into the Collectors Office or unto his Deputy 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 carried 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 carried on board any Ship Boat or Sloop without such Certificate then the said Planter to be Fined 20 s. for every Hogshead so carried away without Certificate as aforesaid Whereas the like inconveniences are incident to Northampton County and lower Norfolk in recovering the Impositions of Two and Ten Shillings per Hogshead as to the River of Potomack by reason of the transportation of much of the Tobacco made in those places in Sloops to Mary-Land Be it Enacted That the Provitional Act made the last Assembly for Payment of those Duties in Potomack 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 Accomack c. VVHereas there is an Act of the last Assembly providing for the securing of the payment of the 2 s. per Hdd. due to the Countrey but no Provision made therein for the securing the payment of Fort Duties of Potomack Accomack and Lyn Haven Three pence per Hogshead payable for Fort Duties in Accomack c. from whence they fetch their Tobacco in Sloops Be it Enacted That the said Act shall extend as well to cause the Planters loading it to reserve and make payment of Three Pence per Hogshead for Fort Duties of the said Tobacco as for the payment of the 2 s. per Hogshead CXXXI Ten Shillings per Hogshead WHereas the prudence of all Nations hath provided for the defraying the publick necessary Charges of the Countrey rather by laying an Imposition upon the Adventurers for the Staple Commodities of the Countrey by the exportation of which the greatest advantage accrues then by taxing the persons of the Inhabitants this present Grand Assembly endeavouring as much as in them lies to ease the burthen of the People and taking into Consideration the great benefit that accrues to other Countreys by the Customs arising from our Commodity Tobacco and that Virginia whose particular Staple it is hath from it nor from the Adventurers hither no publick advantage We have thought it necessary and convenient and accordingly have Enacted and Confirmed That all Merchants Masters of Ships and Mariners trading to Virginia and not bound by Charter-party to return and discharge in any of the English Dominions in Europe shall pay for every Hogshead of Tobacco they shall load aboard any Ship Barque or other Vessel arriving here after the First of August next and not bound as aforesaid Ten Shillings Sterling either in Money or good Bills of Exchange Inhabitants of this Countrey trading on Bottoms belonging to Virginia-Owners freed from payment of the 10 s. per Hogshead with good Caution or in good valuable Commodities at 25 per Cent. Advance Provided always That all Adventurers Inhabitants of this Countrey trading in Bottoms belonging to Virginia-Owners shall be free from the said Imposition it tending to the advancement of Trade here and the incouragement of the Inhabitants to purchase Vessels and of Mariners to make this their place of Residence CXXXII Castle-Duties to be Paid WHereas the Castle-Duties granted by his Majesty to Collonel Francis Morrison Captain of the Fort at Point-Comfort are rendred of no value by the Charge of Boat and hands going to Collect them and the inconsiderableness of the Commodities
and Returned in manner as aforesaid and shall have equal Votes with the several Justices for the making By-Laws and all such By-Laws so made shall be firm and binding to the Inhabitants of such County any Law usuage or Custom to the contrary notwithstanding Inhabitants of the County shall obey the By-Laws thereof and for as much as divers great Parishes have in them several Chappels of ease Be it therefore Enacted by this Present Grand Assembly and the authority thereof and it is hereby Enacted that the Inhabitants within the Precincts of every such Chappel of ease may elect one Representative for every such Chappel to sit and vote with the Justices in making such By-Laws as aforesaid the time and place for such Election to be also appointed by the County-courts IV. An Act declaring how far Accounts are Pleadable against Dead Mens Estates VVHereas the 95th Act of Assembly in the Printed Laws making no Accounts pleadable against Dead Mens Estates is found too severe and that many Executors and Administrators of Dead mens Wills and Estates have had and taken too great an advantage thereby to the Defrauding and great Prejudice of many Creditors to such Estates for prevention whereof for the time to come and to the end all just debts may be recovered against the Debtors Estate Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that from henceforward all accounts brought against a Dead Mans Estate for any Debt made and Contracted within one year before the Parties Death but no longer shall be pleadable and recoverable against the Debtors estate and for no longer time without prescription if the party in Debt shall after contracting such Debt remove or abscond himself from the County where he lived at contracting the same Provided always No Debts pleadable against dead mens Estates but such as were contracted within one year before their decease that all such accounts and claims as shall be brought against a dead mans estate be fairly proved in Court by the Oath of the Creditor and one Witness more and that the party claiming and Suing for such Debt do himself appear and in open Court make Oath upon the Holy Evangelist that the same is really due without any discount to be made or Credit to be given that he knows of V. An Act Repealing the 129th Act of Assembly in the Printed Book VVHereas the 129th Act of Assembly in the Printed Book of Laws enjoyning the Inhabitants on Potomack River and on the eastern shore not to make delivery of their Tobaccoes by them sold or paid away without certificate from the collector that the impost is paid thereof to him under the Penalty of Twenty Shillings for every Hogshead by them suffered to be taken out of their Possession is found grievous to the said Inhabitants all other the Inhabitants of Virginia being at their Liberty to sell and deliver their own Tobaccoes to the best advantage Be it enacted by this present Grand Assembly and the authority thereof and it is hereby enacted that the said 129th Act of Assembly be and from henceforth stand Repealed The Act Prohibiting the Inhabitants on Potomach River and on the Estern Shoar to Ship their Tobaccoes without Certificate Repealed and that the Inhabitants on Potomack River and on the Eastern Shore have like and equal Liberty and Priviledge with the rest his Majesties Subjects in this Colony to sell dispose pay and make Delivery of their Tobacco to their best advantage and Convenience VI. An Act Ascertaining Collectors Fees for entry and clearing Ships c. WHereas several Complaints have been made to this present Grand Assembly that several Collectors in this Colony have exacted and taken great and unreasonable Fees for entring and clearing Ships and smaller Vessels trading into this Countrey which if permitted and continued might prove prejudicial to trade for prevention whereof for the future Be it enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted that from hence forward no Collector or Collectors shall or may demand or take other Fees for entring and clearing of any Ship or Vessel coming into this countrey then by this Law is ascertained and allowed to be taken that is to say for every Ship or smaller vessel Burthen twenty Tuns or under fifteen Shillings and no more and for every Ship and other vessel burthen above Twenty Tuns thirty Shillings and no more which Sums shall be in full Payment of his Fees for entring clearing Licence to Trade and for taking such Bonds as are by Law enjoyned to be given and taken at the entring and clearing of Ships and other vessels Trading hither VII An Act for Securing Orphans Estates WHereas the 66th Act of Assembly in the Printed Book Relating to Orphans Estates is found too short and deficient and that by the neglect of the Courts in taking Security upon granting Orders for Administrations great Prejudices have ensued and may ensue For the better prevention thereof for the future Be it Enacted by this present Grand Assembly and the Authority thereof and it is hereby enacted That before any order for Administrations shall be granted to issue forth from the Office so as Letters of Administration shall or may thereupon pass and be signed by the Justices as by the Laws is directed and enjoyned good security shall be taken for the Parties due Administration according to Law And be it further Enacted by this Present Grand Assembly and the Authority thereof and it is hereby Enacted that all Justices sitting in Court Administrators of Orphans Estates shall give good security whensoever Administrations are sued for and granted and shall upon granting Order or Orders of Administration neglect to make order for security as is before enjoyned to be taken shall thereby and for such their neglect become lyable to make good such Estate in case the same shall be imbezelled by such Administrators And it is also further Enacted that all Justices of the Peace stand enjoyned and are hereby required before they sign Letters of Administration to demand Certificate from the Clerk that security is given according to Law and duly entred upon Record to the end all Orphans c. may be secured in their Estates and the Justices safe in the due execution of their Office and Places VIII An Act prohibiting the Importation of Tobaccoes into this Colony FOr as much as the Importation of Tobaccoes into this Colony from Carolina and other Parts without the Capes hath been found very prejudicial to this Country and the Inhabitants thereof for prevention of like mischief and inconvenience 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 from and after the tenth day of October next after this present Sessions no Tobaccoes packt in Cask or otherways shall be brought from
and chief Magistrates of the said Colony raising false and Scandalous Reports without which our good Subjects there could not have been so easily led away which cannot but tend to the future Disturbance of the Peace and Welfare thereof if not timely prevented by Inflicting Punishments proportionate to the greatness of the Crime Be it therefore enacted by the authority aforesaid that whosoever shall after the passing of this Act maliciously and advisedly by writing speaking or otherwise express publish utter or declare any Words Sentences or other thing or things to incite or stir up the People to the dislike of any Person appointed by his Majeâ—â—y to be Governour or Commander in chief of the said Colony Any Person who shall either by words or writing defame the Governour shall suffer a years Imprisonment without Bail c. or tending to the dishonour or defaming of the said Governour or Commander in chief for the time being and being thereof legally convicted shall be imprisoned during one year without Bail or Mainprize and incur such Forfeitures as shall be adjudged not exceeding the sum of five hundred pounds to the Kings most Excellent Majesty his Heirs and Sucessors And it is in like manner Enacted that whosoever shall maliciously and advisedly by writing speaking or otherwise express publish utter and declare any words Sentences or other things to incite or stir up the People to the dislike of his Majesties Councellors Judges or other principal Officers within the said Colony tending to the dishonour or defaming of the said Councellors Judges or other principal Officers and being thereof Lawfully convicted shall be imprisoned during three Months without Baile or Mainprize and incur such Forfeiture as shall be adjudged not exceeding the sum of one hundred pounds to the Kings most Excellent Majesty his Heirs and Successors any Act or Acts Order or Orders to the contrary in any wise notwithstanding II. An Act for Naturalization WHereas nothing can contribute more to the speedy setling and peopling of this his Majesties Colony of Virginia then that all possible encouragement should be given to persons of different Nations to Transport themselves hither with their Families and Stocks for to settle plant or Reside by investing them with all the Rights and Priviledges of any of his Majesties natural Free-born Subjects within the said Colony Be it therefore Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the authority aforesaid that it shall and may be lawful for the Governour or Commander in chief for the time being or any of his Successors Governours of this Colony by a publick Instrument under the broad Seal thereof to declare any Alien or Aliens Forreigner or Forreigners being already setled or Inhabitants of this his Majesties Colony or such as shall hereafter come for to settle The Governor may naturalize such Forreigners as shall seat themselves in this Colony plant or reside in it and having taken the Oath of Alleigance before the Governour or commander in chief for the time being to be to all intents and purposes fully and compleatly naturalized and the said Persons so approved of and named in the said Letters Pattents as aforesaid shall by vertue of this Act have and enjoy to them and their Heirs the same Immunities and Rights of and unto the Laws and Priviledges of this Colony and as fully and amply as any other of his Majesties Natural born Subjects have or enjoy within the same as if they themselves had been born within any of his Majesties Realms or Dominions any former Law Act Ordinance usuage or custom to the contrary in any wise notwithstanding And to the intent the said Letters Patent and instrument under the Broad Seal of this Colony as aforesaid may be obtained without any great difficulty or charge be it further enacted that the Governour or Commander in chief shall have and receive for the same forty Shillings and his Clerk for writing of it ten Shillings and no more and whereas several Aliens and Forreigners that have formerly transported themselves to this his Majesties Colony and have taken up and Patented in their own Name several Parcels of Land or otherwise made purchase of Lands Houses Tenements or other real interest and have afterwards sold the same to some of his Majesties Leige People or Inhabitants of this Colony It is therefore hereby Enacted and Ordained by the authority aforesaid that all such person or persons that shall have so bought of any Alien or Aliens any Lands Houses or Tâ—nements be secured and by vertue of this present Act for ever confirmed in the quiet and peaceable Possession of the said Purchases unto them and their Heirs for ever any former Law Usuage or Custom to the contrary in any wise notwithstanding Provided that nothing in this Act contained shall be construed to enable or give power or Priviledge to any Forreigner to do or execute any matter or thing which by any of the Acts made in England concerning his Majesties Plantations he is disabled to do or execute III. An Act for raising a Publick Revenue for the better Support of the Government of this his Majesties Colony of Virginia WHereas there is a great and continual charge Required for the Maintenance of the Governour and several other Officers and Persons as also for the Fort and Fortifications besides many other contingent expences absolutely necessary for the Support of the Government of this Colony Be it therefore enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly that for every Hogshead of Tobacco that shall at any time hereafter be exported out of this Colony by Land or water to any other place whatsoever Two Shillings to be paid for every Hogshead of Tobacco exported there shall be paid by the Exporter two Shillings of currant money of England as also for every five hundred pounds of Tobacco exported in Bulk or otherwise and so proportionable for a greater or lesser quantity the same to be to the Kings most Excellent Majesty his Heirs and Successors for ever to and for the better Support of the Government of this his Majesties Colony of Virginia in such manner as is herein before exprest and to and for no other use intent and purpose whatsoever And be it further Enacted by the Authority aforesaid that all Ships or vessels whatsoever coming to this Colony or any part thereof shall Respectively pay for every Tun such Ships or vessel shall contain one half pound of good and new Gunpowder and three pounds of Leaden Shot or one Shilling three pence Sterling in lieu thereof as also Sixpence per Poll for every person imported not being actually a Marriner in pay All Ships or Vessels whatever coming to this Colony shall pay ½ al. of Powder and 3 l. of Shot or 1 s. 3 d. money in Lieu thereof the same to be
Act for Presentation and Delivery of Grievances FOr as much as it hath been the frequent practice of ill disposed and seditious persons to deliver to their Burgesses and they to the Assembly scandalous and seditious Papers and to intitle or call them the Grievances of such Countie or Counties wherein they dwell neither giveing or presenting the same in lawfull manner nor in truth being known to any other of his Majesties good Subjects of such County whose Title they bear Be it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly Sberiffs of each County shall before every Sessions of Assembly appoint a time and place for receiving Presentments of Grievances Such Presentments shall be signed and it is hereby enacted by the Authority aforesaid that the Sheriffs of each County shall before every Session of Assembly appoint a time and place for presenting giving and receiving all County-Grievances which shall be signed by the Parties giving the same and attested by the Clerk of the County-Court or Chief Magistrate so to be and all other private Propositions or particular Ag-grievance shall be signed by the Party delivering the same or not to be received into the Assembly XII An Act prohibiting the exportation of Raw-Hides and Deer-Skins BE it enacted by the Kings most excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that from and after Publication of this Act it shall not be lawful for any person or persons whatsoever to export out of this his Majesties Colony of Virginia any Untainted-Hides or Deer-Skins upon the Penalty of paying for every Raw-Hide or Deer-Skin one hundred Pounds of Tobacco and Cask that shall be found on Board any Ship Boat Sloop or other Vessel in order to such Exportation over and besides the forfeiture of all such Raw-Hides or Deer-Skins so found in exportation the one half to his Majesty his Heirs and Successors and the other half to him that shall make Information thereof And all Collectors of the two shillings per Hogshead and penny per Pound Customes are hereby required and enjoyned on every Information and Suspition of such exportation to make diligent search and seizure accordingly XIII An Act Prohibiting Vnlawful Disturbances of Divine Service BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted by the Authority aforesaid That whosoever from and after the publication of this Act Any Person that shall disturb the Minister during the Exercise of his Ministerial Function shall for the first Offence be fined 200 l. of Tobacco and 500 for every such Offence after shall appear in any Church or Chappel within this his Majesties Colony whilst the Minister is exercising his Ministerial Function and shall disturb him by Words or any other manner of means whatsoever or shall there appear in any unseemly or undecent Gesture any Justice Sheriff or other Officers then present shall put such person or persons so offending under Restraint during Divine Service who shall also for the first Offence be fined two hundred pounds of Tobacco and Cask And for every such Offence as shall be by them or any of them committed after in the like Quallity shall be fined five hundred pounds of like Tobacco and Cask for every such Offence which Fines shall be Levyed by the Sheriff upon the Estate of the person or persons so offending by vertue of a Warrant from a Justice of the peace and such Justice of the peace that shall refuse or neglect to put this Law into severe Execution shall be fined five hundred pounds of Tobacco and Cask to the use of the Parish for every such neglect XIV An Act Reviving and Reinforcing an Act made at JAMES-CITY the 20 th of October 1665. and putting the same in Due Execution BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid that the eighth Act of Assembly made at JAMES-CITY the 20th of October 1665. Intituled An Act concerning Indians Be and hereby is Revived and Re-inforced to the end the same be put in due and Effectual Execution XV. An Act for the well clearing the Heads of the Rivers and Creeks from Loggs and Trees for the more safe Passage of Sloops and Boats VVHereas the Neglect of clearing the Heads and others parts of Rivers and Creeks from Loggs Trees Roots of Trees and other Rubbish hath occasioned and endangered the loss of several Sloopes Boats Tobaccoes and Merchandizing Goods in Carriage thereof to and from the Ships for the better prevention thereof for the future Justices of the Country Courts shall annually appoint the Surveyors of the Rivers and Creeks to clear the same from all trees Loggs Rubbish c. Be it Enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby Enacted by the Authority aforesaid That from and after the Publication of this Law the Respective Justices of the several County-Courts do annually in June or July-Courts appoint and order the Surveyors for the Rivers to clear all and all manner of Loggs Trees Roots of Trees and other Rubbish as may any ways hurt and endanger any Sloop Boat or other Vessel from out of the Respective Rivers or Creeks heads or parts of any River or Rivers Creek or Creeks within their County and limited bounds as Surveyors which said clearing and Removeal of all Loggs Trees Roots of Trees and other Rubbish shall be as aforesaid annually performed according to the true intent and meaning of this Act under such pains and penalties for every Delinquent and Offender as are set down in 97th Act of Assembly in the Printed Book Intituled Such as shall fall Trees into the Rivers and not clear away the same fined 500 l. of Tobacco Surveyors for High-ways And if any shall presume to fall Trees into the Rivers or Creeks and not clear the same the Offendor shall be fined five hundred pounds of Tobacco the first Offence to the use of the County And for the second one Thousand pounds of Tobacco to the use aforesaid XVI Additional Fees Ascertained to County-Court Clerks BE it enacted by the Kings most Excellent Majesty by and with the consent of the General Assembly and it is hereby enacted that Those Additional Fees hereafter set down over and besides the fees nominated in the Printed Book be demanded and taken by County-court Clerks as just fees and none other viz. Â l. Tobacco pounds of tobacco For writing a pair of Indentures if amongst the parties as they can agree if bound by the Court. 40. For a Bond. 10. For a Retraxit 4. For siling endorsing Bill Accompt Petition or such like 3. For all Answers to Petitions if writ by themselves 10. If not writ by them and so for a Petition 5. For a Warrant