shall be Fined for every Hide so by him sold or oâ—herwise disposed of to be exported One Thousand Pounds of Tâ—bâ—â—co Provided 〈◊〉 Sale may be made of Hides to any person living in the Countrey the Clause in a former Act prohibiting the same to be sold in the Country to the contrary notwithstanding At a Grand Assembly held at JAMES CITY September 10th 1663 and in the Fifteenth Year of our Sovereign Lord King CHARLES II. I. An Act probibiting the unlawful Assembling of Quakers WHereas it is evident of late times that certain persons under the names of Quakers and other names of separation have taken up and maintained sundry dangerous Opinions and â—enets And whereas the said persons under pretence of Religious Worship do often Assemble themselves in great numbers in several parts of this Countrey to the great indangering its publick peace and safety and to the terror of the People by maintaining a secret and strict Correspondency amongst themselves and in the mean time separating themselves from the rest of his Majesties good and loyal Subjects and from the Publick Congregations and places of Divine Worship and Service for redressing whereof and better preventing the many Mischiefs and Dangers that may and do arise by such dangerous Tenets and unlawful Assemblies Be it Enacted by this present Grand Assembly and the Authority thereof That if any person or persons commonly called Quakers or any other Separatist whatsoever in this Collony shall at any time after the Publishing this Act in the several respective Counties depart from the place of their several Habitations and Assemble themselves to the number of Five or more Quakers â—y other Separatists Assembling to the number of five under a pretence of Religious Worship how to be punished of the age of Sixteen years or upwards at any one time in any one place under a pretence of joyning in a Religious Worship not Authorized of England nor of this Countrey That then in all and every such Case and Cases the Party so Offending being thereof Lawfully Convicted by the Verdict of Twelve Men or by his own Confession or by notorious Evidence of the Fact shall for the first Offence each Person forfeit and pay Two hundred pounds of Tobacco and if any such person or persons being once convicted shall again Offend therein and shall in form aforesaid be thereof lawfully Convicted shall for the Second Offence forfeit and pay Five hundred pounds of Tobacco to be levied by Distress or Sale of the Goods of the Party so convicted by Warrant from any one Justice of the Peace before whom they shall be so convicted rendring the Overplus to the Owners if any be and for want of such distress or for want of Ability of any Person amongst them to pay the said Fine or Fines then it shall be lawful to levy and recover the same from the rest of the Separatists or Quakers or any one of them then present that are of greater Abilities to pay the said Fine or Fines And if any person after he or she in form aforesaid Such persons being convicted the Third time shall be banished this Collony hath been twice convicted of any the said Offences shall Offend therein the third time and thereof lawfully convicted that then every such person so Offending and Convict as aforesaid shall for his or her third Offence be Banished this Collony of Virginia to the place the Governour and Council shall appoint And be it further Enacted by the Power and Authority aforesaid That each Master of Ship or Vessel that shall import or bring in any Quakers into this Collony to reside after the first day of July next unless by vertue of an Act of Parliament made in England the Nineteenth day of May in the Fourteenth year of the Reign of our Sovereign Lord the King shall be fined Five thousand pounds of Tobacco to be levied by Distress and Sale of the Masters Goods by Warrant from any Justice of the Peace in the County where any such person or persons shall arrive the same being proved by sufficient Evidence and the said Master shall be further enjoyned to carry him or them out of the Countrey again when his Ship returns and to take especial Care to secure him her or them so brought in as aforesaid from spreading any seditious Tenets whilst he she or they remain in the Countrey And be it further Enacted Inhabitants that shall entertain Preaching Quakers to be fined That any person or persons Inhabitants of this Countrey that shall entertain any Quakers in or near their Houses to teach or preach shall likewise be fined Five thousand pounds of Tobacco for each time they do so entertain them to be levied by Distress and Sale of the persons Goods by Order from the Justices of the Peace in the next County Court held for that County where the Fact was committed before whom the said Fact shall be by Evidence proved And be it further Enacted for prevention of Neglects in the due Execution of this Act by any Magistrate or Magistrates Officer or Officers of this Collony that in case any Justice of the Peace or any other Officer shall neglect the performance of their Duty in prosecuting this Act or shall directly or indirectly connive at any Breaches thereof he or they for every such Offence shall be fined Two thousand Pounds of Tobacco to be levied by Distress and Sale of the Gooods of the person so offending he or they being thereof lawfully convicted by the Virdict of Twelve men by his own confession or evidence of Fact Justices of Peace within the limits of their Commission to hear determine Offences of this kind and to grant their Warrants for levying of Fines And be it further Enacted by the Authority aforesaid That all the Justices the Peace in their several Counties shall be hereafter impowred to enquire hear and determine all and every the Offences aforesaid within the limits of their Commission and to give Warrant for the levying and distressing the Fines upon the Goods of the persons offending all which said Fines mentioned in this Act shall be disposed of to the use and uses purpose and purposes following viz The Two hundred and Five hundred Pounds of Tobacco imposed on the Quakers and other Separatists for unlawful Assembling shall be paid half to the Informer half to the use of the Parish where the Fact was committed that the Five thousand Pounds of Tobacco imposed on each Master that shall bring in any Quaker Levies and Fines for unlawful Assemblies how to be disposed of shall be paid half to the Informer half to the use of the Parishes in the County where the person or persons do arrive that the Five thousand pounds of Tobacco imposed upon every Inhabitant that shall entertain as aforesaid in or near his House any Quaker shall be paid half to the Informer half to the Parishes in the County where he lives for Pious uses Provided always
publick or Countie-Dues or other Fees as aforesaid any Sheriff or Collector shall at any time make seizure or distress of more Tobaccoes then is at that time due from the Debtor That in all such Cases A Regulation of Seizures made of Tobacco due to the Publick the person seizing shall make immediate satisfaction to the party from whom they shall make such seizure or otherways that he be allowed to take his Over-plus Tobaccoes out of the Hogshead so seized and that no Sheriff or other publick Collector shall or may from or after the publication of this Act presume to make seizure of any Hogshead of Tobacco before that time paid away and marked And if there be at that time other Merchantable Tobaccoes ready in such Plantation where such seizure was made and which shall be offered and tendred by the Debtor And be it further Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof And it is hereby Enacted That the Justices holding Court be by vertue of this Act for the time to come fully impowered to Commissionate and appoint the Respective Collector or Collectors of the publick and Countie-Levies And whereas Complaint hath been made that sometimes one and the same person hath officiated at the same time in the Office of Justice as Justice of the Peace and Clerk of the Countie-Court which hath been found inconvenient for the prevention whereof for the future Be it Enacted by this present Grand Assembly No person shall be Justice of the Peace or High Sheriff and Clerk of the County-Court at the same time and the authority thereof That no person whatsoever shall be capable at the same time of being a Justice of the Peace and Clerk of the County-Court or being at one and the same time High Sheriff of the Countie and County-Court-Clerks and for the greater ease of the Inhabitants of this Countrey Be it enacted by this present Grand Assembly The County-Clerk may depute the High Sheriff or Vnder-Sheriff to enter Actions and the authority thereof And it is hereby enacted that from and after the publication of this Act it shall and may be lawful for the County-Court Clerk to depute the High Sheriff or Under-Sheriff of the Countie to enter such actions as shall be brought to them or either of them and that such Entry be held good in Law And for the better guide of the County-Courts and more sure administration of Justice be it enacted by this present Grand Assembly and the authority thereof That such of the Honourable Council of State as will please at any time to fit in any Court of Virginia shall and may have equal vote with every Justice of the Peace of or belonging to the said Court and that such Councellour so sitting with the Court be by the Clerk entred to sit there Members of the Council of State may sit in any Court in Virginia and be equally liable and responsible with every other Justice of Peace for all such Acts or Orders of Court he shall at any time of such sitting with the Court give Vote and assent to And be it further enacted by this Grand Assembly and the Authority thereof No person not born in Virginia shall be capable of bearing any Office there till they have dwelt three years in the Country unless Commissionated by His Majesty and it is hereby enacted that no person whatsoever not born in this Country from and after the publication of this Act shall be capable of bearing any Office within this Colony of Virginia whether Civil or Military unless Commissionated by his Most Sacred Majesty before such person have been dwelling and residing three years in this Colony And be it further enacted by the Governour Council and Burgesses of this Grand Assembly and the authority thereof and it is hereby enacted that all such persons as have been Convicted in England or elsewhere are either now Residing or shall hereafter come into this Countrey Persons Convicted in England shall be held uncapable of bearing Office in Virginia be for ever uncapable of bearing any Office Civil or Military within this his Majesties Colony of Virginia And be it further Enacted by this present Grand Assembly and the Authority thereof that whereas the 64th Act in the printed book doth impower the County-Courts to grant probates and administrations which probates and administrations are usually signed by the Right Honourable the Governour Any two Justices of the Quorum may sign probates of Wills and Letters of administration which is not only burthensome to his Honour but inconvenient to the Inhabitants Be it Enacted that from after publication hereof it shall and may be lawful for any two Justices of the Quorum in their Respective Counties to sign such probates and letters of administration and the same so signed shall be held and deemed good in Law provided always that Certificates thereof be sent to Mr. Secretataries Office as is provided by the aforesaid Act of Assembly IX An Act Repealing the Act allowing free Tythables to divers Persons VVHereas by several Acts of Assembly it is provided that every Respective Councellor and ten of his Family shall be free from paying any publick or County-Levies and also that every Minister and six Tythables for their attendance at James City in General Court-times and times of Assembly be free from paying Levies which Laws are found unequal and inconvenient Be it therefore Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof And it is hereby Enacted that all former Laws relating hereunto be henceforth Repealed and that instead thereof there be annually paid and allowed out of the Moneys arising upon the Impost of two Shillings per Hogshead to the Councellors attending General Courts and Assemblies over and besides the two hundred and Fifty pounds Sterling according to several Acts and Orders of Assembly usually heretofore paid them one hundred pounds Sterling which together with the said two hundred and fifty pounds Sterling makes in the whole three hundred and fifty pounds Sterling and that all the said three hundred and fifty pounds Sterling to be annually paid as aforesaid Allowance to the Councellors attending at General Courts shall be distributed and proportioned amongst the several Councellors attending at General Courts and Assemblies according to their Attendance at the same proportionably which distribution and proportioning shall be annually made by the right honourable the Governour and the several Councellors according to their attendance more or less at General Courts or Assemblies And be it further Enacted by this Grand Assembly and the Authority thereof that there be annually paid out of the said Impost money to such Minister or Ministers as by the Right Honourable the Governour shall be appointed and shall attend at General Courts or Assemblies five pounds Sterling for their attendance Minister to have 5 pound allowed him for his
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
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
or Pulse as this Act enjoyns CXIII Stray-Horses c. FOr remedy of the great abuse and wrong done in taking up of Stray-Horses Cattel and Boats lost not only in concealing them but in using and imploying them to the hurt and damage of the Owners Be it Enacted by this present Grand Assembly That every person or persons that shall take up and keep any Stray-Horses Cattle or Boat shall cause the said Horses and Cattle with the Mark Stature and Colour and the said Boat Stray Horses Cattle c. shall within a Month after they are taken up be Cried publickly in all the Churches and Chappels of the County What to be done in case the Owner be not found with her Proportion and what was found in her to be cried publickly in all the Churches and Chappels in the County within one Month after the taking them up and in the mean time securely to lay up the said Boat And if no Owner appear upon this Publick Notice given then to publish the same and set it up in Writing at the next County Court where if no Owner appear then it shall be lawful for him to make use of the said Boat until the Owner do appear What to be done in case the Owner be not found who shall allow him for his pains One hundred pounds of Tobacco CXIV Free Trade BE it Enacted That Free-Trade be allowed to all the Inhabitants of this Country to buy and sell at their best advantage Trade permitted with the Indians and that all Acts concerning Ingrossing be from henceforth repealed and made void Provided always But not for Beaver Otter or any other Furs without Commission that no person or persons shall have any Commerce or Trade with any Indians for Beaver Otter or any other Furs except those commissionated by the Governour CXV Exportation of Hides WHereas the Exportation of Hides Wooll and Iron is generally conceived to be much prejudicial to the Common-Wealth and good of this Collony Be it therefore Enacted by the Authority of this present Grand Assembly Hides Wooll and Iron shall not be exported That what person or persons soever shall export out of this Country either Wooll Hides or Iron shall for every of their Offences in so doing pay as followeth viz. for every Hide so exported the Sum of One thousand pounds of Tobacco and for every pound of Iron Ten pounds of Tobacco and for every pound of Wooll Fifty pounds of Tobacco the one half of which said Payments and Forfeitures shall be paid to the Informer and the other half to the Publick CXVI Exportation of Money Pieces of Eight shall pass for Five Shillings Currant BE it hereby Enacted by this Grand Assembly That no false Money shall pass for Currant in this Countrey but pieces of Eight that are good and of Silver shall pass for Five Shillings Currant Money upon Penalty of Twenty Shillings to be paid by the Refusers of them No person shall export above the Sum of Forty Shillings And that none shall export Money out of this Country above the Sum of Forty Shillings If any shall exceed the same Sum to forfeit double thereof CXVII Size of Virginia-Hogsheads IT is Enacted upon the complaint of divers Masters and Merchants of Ships against the incertainty and extraordinary Size of Cask which hath been very much prejudicial to them That a certain Size of all Tobacco Cask of Virginia-Hogsheads shall be as followeth Virginia Hogsheads shall be 43 Inches in length and the heads 26 Inches over viz. Forty Three Inches in length and the head Twenty six Inches wide with the Bouge proportionable and whoever shall make Cask of a greater size shall pay upon proof made to any Court if he be a Freeman otherwise his Master or Mistriss that imploys him Three thousand Pounds of Tobacco the one half to the Informer the other half to the County where the Cask is made And it any Cask shall be made of Timber not seasoned then such Cask to be burnt CXVIII Against private taking away Boats FOrasmuch as divers persons suffer great Damages by private and concealed taking away Boats of Canoos without Licence from the Owners thereof It is Enacted and Confirmed by the Authority aforesaid That the Commissioners or each County Court shall be hereby impowered if required to order and give satisfaction from the party so trespassing to those injured by want of his or their Boat Boats or Canoos Five hundred Pounds of Tobacco Penalty to the Owner and what Damage the Boat sustains CXIX Against Shooting WHereas it is much to be doubted the common Enemy the Indians if opportunity serve will suddenly Invade this Country and bring it to a total Subjection of the same And whereas the only means for discovery of their Plots is by Alarums of which no certainty can be had in respect of the frequent Shooting of Guns in Drinkings whereby they proclaim and justifie that beastly Vice Be it therefore Enacted Shooting off Guns at Drinkings or Marriages forbidden That what Person or Persons soever shall after publication hereof Shoot any Guns at Drinkings or Marriages Burials excepted such person or persons so offending shall forfeit Two hundred Pounds of Tobacco to the publick to be levied by distress in Case of refusal CXX Supply of Ammunition BE it Enacted That a provident Supply be made of Guns Powder and Shot to our own people and this strictly to be looked to by the Officers of the Militia Every person able to bear Arms shall keep in his House a Gun 2 l. of Powder and 8 l. of Shot viz. That every man able to bear Arms have in his House a fixed Gun two pounds of Powder and eight pounds of Shot at least which are to be provided by every man for his Family before the last of March next And whosoever shall fail in making such provision to be fined Fifty pounds of Tobacco to be laid out by the County Courts for a Common Stock of Ammunition for the County the Enquiry referred to the Grand Jury CXXI Against Exacting Millers WHereas by a Second Act of a Grand Assembly Anno 1645 It was Ordered and Established for the Reforming the great abuse of Millers in Exacting Excessive and Illegal Toll That no Person or Persons using or occupying any Mill should take or receive for the Grinding of any Grain or exchanging it for Meal above the sixth part thereof for Toll which Act hath not taken such Effect as was intended thereby in respect as is conceived neither Penalty was imposed therein upon the Offendor Millers shall receive in Corn and deliver it out by Statute Weights and Scales nor the Execution thereof was given in direction to any particular Officer It is therefore thought fit to enlarge the said Act and by Vertue thereof to require all Millers and Owners of Mills to provide by the Five and twentieth day of June next come Twelve-month Stilhards or Statute Weights and
been and still is the constant Endeavours of this Assembly to give all possible Encouragement to Merchants and Traders into this Collony and hath hitherto left the receiving or refusing their Debts to their own-discretions without other restrictions to them or liberty to the Planter then this That if by the last of January the Creditor did not demand his Tobacco it might then be lawful for the Debtor to dispose of it leaving the Debtor still liable to be sued that year for Security for his Debt Upon which divers persons for their private advantages did omit the demanding of the Tobacco in time and thereby rendring the Planter uncapable of disposing of his Tobacco or clearing himself from the Engagements For redress of which inconveniences Creditors to demand and receive their Tobacco by the last of January Be it Enacted by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That if the Creditor refuse or omit to demand and receive his Tobacco by the last of January that then it shall be lawful for the Debtor at any time between that and the Twentieth of February to address himself to the two next convenient Justices of the Peace who are hereby required and impowered to appoint three honest and able Men of the Neighbourhood on their Oaths to view the Tobacco And if they find it legally Merchantable whether Old or New then to weigh and mark it for the use of the Creditor on whose account the Tobacco so viewed and approved as aforesaid shall after lie the Debtor still endeavouring to secure it as before the Tender and the Debtor upon producing the Certificate of the said Tender from the said Justices to the next Court Difference between Debtor and Creditor whether the Tobacco tendered be merchantable or not to be decided by an Vmpire that Court shall by their Order discharge the Debtor from his Debt provided the Tender be made in place according to Specialty And it is further Enacted by the Authority aforesaid That in Case of Difference between the Debtor and Creditor or his Attorney if either of them be present whether the Tobacco tendered be merchantable or not then two Commissioners as aforesaid are hereby impowered to appoint a third person as an Indifferent Umpire to determine the difference between them III. An Act for Altering the Day of the General Court WHereas the Right Honourable the Governour and Council for divers Reasons them thereunto moving have desired that the General Court beginning by the present Act the Twentieth day of March may hence forth be held the 15th day of April The General Court to be held on the Fifteenth of April It is Enacted by this present Grand Assembly and the Authority thereof That the said Court be not hereafter held upon the 20th day of March but upon the 15th day of April as by this Act is Provided and Confirmed IV. An Act for repeal of the Act preparatory to a Stint VVHereas the Act preparatory for a Stint or Cessation imposed a Rate upon Wheat of Three Shillings or Thirty Pounds of Tobacco per Bushel The Governour Council and Burgesses of this Assembly considering the Low Prizes Tobacco hath been purchased at and lest the Creditor should draw the price there set into president have thought fit to Enact and do Enact by the Authority thereof That the said Act be to all intents and purposes repealed and made void and null At a Grand Assembly held at JAMES CITY October 23d Anno 1680. I. An Act for a Cessation The Act for Cessation of Planting Tobacco from the First of February 1666 to the First of February 1667 declared to remain in force WHereas at an Assembly held at James City the Fifth of June 1666 it was Enacted That a Cessation from Sowing Setting Planting or Tending Tobacco from the First of February 1666 until the First of February 1667 should be established in this Countrey of Virginia in case the Province of Carolina should give their assent to the same as the Province of Mary-Land by their Act of Assembly had engaged to do Both their said Acts of Assembly of Mary-Land and this Countrey impowering certain Commissioners to treat and conclude of the best means of security for putting the said Acts into effectual execution By vertue whereof the Commissioners in the said Act nominated and appointed did upon the Tenth day of July following meet at James-City and then and there concluded and agreed upon certain means and ways for putting the said Acts into effectual practice and for the prevention of all frauds and deceits that might be practised therein as by the Articles there made more fully doth appear At which Meeting the Commissioners of that Province of Carolina did also oblige themselves that the Province of Carolina should by an Act of their Assembly confirm the Agreements aforesaid and transmit the said Act to the honourable Governours of Virginia and Mary-Land by the last of September next ensuing But whereas by reason of the said Provinces then Engagement in repelling the Assaults of the adjacent Indians that their Acts though fully at their Assembly confirmed could not be sent to Virginia and Mary Land by the time in the Articles agreed upon For which cause the Governour and Council of Mary Land though they still acknowledge the Act it self for a total Cessation from Planting as aforesaid to remain in its full force and in pursuance of the Establishment thereof have caused a Proclamation to issue requiring and commanding all persons in the said Province to yield conformity and due obedience thereto of which to testifie their full intents of executing the said Act transmitted a Copy to the Right honourable the Governour of Virginia yet in his Letter declaring That by reason of the said Act of Carolina's not coming to them by the time in the Treaty prefixed They conceived that all the Articles in the said Treaty containing the means to have the Act assuredly and without fraud put into practice became void And for that cause another Treaty must of necessity be required which Reasons the Governour Council and Burgesses of this Grand Assembly taking into their serious Consideration have Enacted and Declared and by these Presents do Enact and Declare That the aforesaid Act of the Fifth of June prohibiting the Sowing Setting Planting or Tending Tobacco from the First of February 1666 until the First of February 1667 is and remains in full force and is hereby Ratified and Confirmed And all persons are required to take notice thereof and yield their due obedience thereunto For the surer Establishment thereof the Commissioners in the aforesaid Act nominated and appointed or so many of them as are there required are hereby again impowered and desired to renew the former Treaty with the Commissioners of Mary Land and to re-establish the Articles in the former Treaty agreed upon and concluded the Grand Assembly hereby obliging themselves That the Publick Faith given by
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
prevention of future Trouble That all Lands held by former Patents of which there is no Record extant or to which there are no Rights annexed in the Records until the date of this Present Assembly Fumer Patets shall remain firm and valid although no Record thereof be extant shall for ever be held valid and firm according to the claims of the several Patents those defects being found to have happened by the neglect of the Clerk in those times in not making present entry of the Rights delivered to them and the Casualty of of two several Fires whereby many of those Rights with other Papers were destroyed the Assembly hereby rendring Thanks to Mr. Secretary for his care of preventing future trouble All Patents shall for the future be composed with the Record be some they pass the Office and requesting him to continue it in not suffering any Patent hereafter to pass the Office before the Rights are entered and the Patent compared with the Record XXII An Act commanding Law-Books to be provided for each County VVHereas for the better Conformity of the Procedings of the Courts of this Country to the Laws of England it appears necessary that for the better direction therein all the former Statutes at large and those made since the beginning of the Raign of his most Sacred Majesty that now is and some other esteemed Books of Law be purchased It is therefore by this Grand Assembly and the authority thereof accordingly enacted that all the aforesaid Statute-Rooks and Daltons Justice of the Peace and Office of a Sheriff and Swainbournes Book of Wills and Testaments be sent for by Mr. Auditor and paid for out of the two shillings per Hogshead and the like Books to be sent for by some of the Commissioners of the County-Courts for the use of the Respective Counties and paid for out of the County-Levy XXIII An Act Imposing Fines on Refractory Persons VVHereas the Officers of the Militia have Complained that divers Refractory Persons have in Contempt of authority impowering them and to the ruine of all Military Discipline refused to appear upon the days of exercise and other times when required to attend upon publick service It is enacted by this Grand Assembly Such as refus to appear on the days appointed for the exercise of the Militia fined an hundred pounds of Tobacco that every person neglecting to appear shall for every such Neglect be amerced and fined one hundred pounds of Tobacco to be disposed of by the Militia for the use of the Regiment And that the Commanders return of such Fines to the Sheriffs of the Respective Counties shall be sufficient Warrant in case of the Parties denial of payment to levy the same by distress Provided that if before the laying of the Levy the Party Amerced do shew to his Commander such cause of his absence as by the Commander shall be adjudged reasonable then the Party to be excused and the Fine not returned XXIV An Act for the better explanation of the 16th Act in the Printed Book VVHereas the sixteenth Act for Sheriffs to take Bail was misinterpreted and some words left out It is Enacted that for prevention of Mistakes in Courts of Judicature a Copy be transcribed out of the Original for Correction of mistakes of the Printed Book which followeth Be it also hereby enacted That all Sheriffs shall take sufficient Bail of all persons Arrested with this condition to bring forth the Party Arrested or perform the award of the Court and if they shall neglect to take sufficient Bail of the Party arrested or otherwise consent to be the cause of his escape then the said Sheriff shall be lyable to pay the award of the Court himself Sheriffs neglecting to take Bail or consenting to the escape of the Prisoner shall pay the award of the Court shall be fined a 1000 l. of Tobacco if his consent to the escape be proved and shall also pay in case the Consent to the escape be proved one thousand pounds of Tobacco one half the Publick the other half to the Party grieved for his delay in recovering the Debt but if Bail be taken and the Party appears not to answer then Judgment shall be awarded against the Bail always provided that the Sheriff or Bail shall if he desire it have an Attachment against the Estate of the Party arrested and not appearing and further that if the Sheriff or Bail shall at the next Court to that which the arrest was made appear and bring forth the Body of the Party so arrested to answer the suit Then the Sheriff or Bail shall be acquitted from the Judgment past against them At a Grand Assembly held at JAMES CITY September 3. Anno 1667. I. An Act for Tobacco of Mary-land growth to be free from Duties WHereas there is an Order at present in force requiring that all Tobacco though of Mary-land growth shipped in Ships riding in any Harbour of Virginia should pay the Impost of two shillings per Hogshead and whereas at present the Inhabitants of the south-side of Virginia in Potomack River are inforced for their present necessity to lay out or Ship the greatest part of their Tobacco in Ships riding in the Government of Mary-land for which as is said they are to pay the like Duties of two shillings per Hogshead as is paid for Mary-land Tobacco shipped upon Ships riding in Virginia Be it Enacted by the Governour Council and Burgesses of this Present Grand Assembly and the authority thereof That for Relief of the said Inhabitants of Virginia who are otherwise likely to pay double Duties That no Tobaccoes of the growth of Mary-land though laden in Ships riding in any Harbour in Virginia shall be lyable to pay any Virginia Duties from the date of this Act until the first of October which shall be in the year of our Lord 1668. Nor after if the next Assembly find cause to continue it How long this Act shall continue in force and upon what conditions to be repealed Provided that if the Government of Mary-land do lay Impost upon Virginia-Tobacco shipped in Ships riding in their Harbour then this Act to be absolutely Void and Null and all Tobacco of Mary-land growth laden a board any Ship in Virginia to pay Duties as formerly Provided also that if any person shall fraudulently send on board any Ship in Virginia Tobacccoes of the growth of Virginia and pretend the same to be of the growth of Mary-Land intending thereby to defraud the Country of their Dues he shall forfeit the Tobacco so laden and concealed II. An Act declaring that Baptism of Slaves doth not exempt them from Bondage WHereas some doubts have arisen whether Children that are Slaves by Birth by the Charity Piety of the Owners made partakers of the Blessed Sacrament of Baptism should by vertue of their Baptism be made free It is enacted declared by this Present Grand Assembly and the authority thereof that the
for Encouragement to make Silk WHereas the Advancement for the making of Silk will undoubtedly tend greatest as to the present Honour and Reputation so to the future great benefit and profit of the Country It is Enacted that the former Encourae-gment of Fifty Pounds of Tobacco for every pound of wound Silk be allowed as formerly out of the Publick Fifty pound of Tobacco allowed by the Publick for every pound of Wound-Silk VII An Act for each County to send two Burgesses WHereas several Inconveniences have arisen by the Act giving liberty to the Counties to choose one or two Burgesses at discretion as the Retarding the business of the House when those single Burgesses are upon Committees or have any Suit of their own or differences between divers Parishes in the Counties Or have their Appearance hindred by Sickness or otherwayes In all which occasions the County that sends or part of it are deprived of the priviledge of their Representatives Each County to send two Burgesses It is Enacted that each County after this present Session shall be enjoyned to return two Burgesses for the better service of the Publick VIII An Act for Encouragement to Apprehend Run-awayes Vide Act the first Anno 1670. IX An Act for destroying Wolves Repealed by Act 10. 1670. At a Grand Assembly held at JAMES CITY the Third of October Anno 1670. I. An Act concerning Runaways VVHereas the Act made the last Assembly for encouragement to Apprehend Runnawayes hath seemed too Burthensome to the Publick by the greatness of the Sum there granted to the taker of them up And also difficient in some things very necessary for the restraint of Run-awayes Upon Consideration whereof It is Enacted Ordained by the Governour Council and Burgesses of this Grand Assembly and the Authority thereof That the former Act of October 1669. be Continued in its full force But the Sum of one Thousand Pounds of Tobacco therein granted to the Taker of them up Rewards for the Apprehending of Runawayes limited shall be and hereby is reduced to two Hundred Pounds of Tobacco if the Runaway be found above ten Miles from his Masters House And one hundred Pounds of Tobacco if found above five miles from his Masters house to be paid by the Publick in the County where the Party dwells If it can be for every servant of what quality soever And that the servant not being Slave who are also comprehended in this Act after the expiration of his full time due to his Master shall serve any person he shall be assigned to by the Assembly or any Commissioner from them the Term of 4 Months for every two hundred pounds of Tobacco paid for him The Assigne giving Commission to the said Commissioners to repay the Tobaceo to the Publick And the Commissioners receiving such Commission to return it to the County-Court and the County-Court to the Assembly And that the said Runaway may be the more easily detected It is further Enacted that every Master having a Servant that hath Runaway twice shall be and hereby is Enjoyned and Commanded to keep his Hair close cut And that every Master failing herein How Masters are to deal with Runawayes shall be fined One Hundred Pounds of Tobacco for every time the said Fugitive shall after the second time be taken up half to the Publick half to the Informer And for the better preventing such attempts It is further Enacted That every Constable into whose hands the said Fugitive shall by any Commissioners Warrant be first Committed The Duty of Counstables in Conveying Runawayes to their Masters shall be and hereby is enjoyned by vertue of this Act though omitted in the Warrant to whip him severely and then to Convey him to the next Constable towards his Masters House who is to give him the like Correction and so every Constable through whose Precincts he passeth to do the like And that Constables may be the more Careful in their Offices It is further Enacted That every Constable into whose Custody the Runaway shall be Committed shall give a Receipt to the Constable or Party he receives them from to the end that if the said Fugitive should by negligence of any Constable make an escape such negligence might be discovered and for the Offence pay Four Hundred Pounds of Tobacco half to the Publick half to the Informer and the Fine io the former Act of One Thousand Pounds of Tobacco to be Repealed And because such Runawayes after the expiration of their time may by vertue of their Masters Certificate Remove from the place they dwell in and by such Concealment defraud the Publick of what hath been disbursed for him It is further Enacted That every Respective Master Owner of such Servants indebted to the Publick shall immediately after the time of such Servant is expired deliver him to the next Justice who is to deliver him to the next Sheriff to be secured till the next County-Court there to be Proceeded with as the Law directs unless such Servant can procure sufficient Security to pay the Penalty laid on him by the Act And that every Master giving Certificate before such Delivery of such Servant to the Justice shall Repay the Publick whatsoever bath been disburst for the Recovery of his Servant during the time he served him II. An Act Concerning Fences VVHereas the Act for Fences doth not sufficiently provide for Remedy of those many dammages done by Unruly Horses breaking into Corn-fields it is by the Authority of this Grand Assembly Enacted That the Owner of such Horses shall be and hereby is required and enjoyned to take some effectual course for Restraining them from Trespassing their Neighbours from the Twentieth of July to the last of October in every year it being much fitter that Rich-men who have the benefit of such Horses should provide for their restraint then the Poor enjoyned to the impossibility of very high Fences and if any Horse or Horses shall at any time break into any Corn-Field the Fence being four foot and a half high Fences of Corn-fields to be four foot and a half high then the Owner of such Horse or Horses upon proof of the dammage shall pay for the First Trespass single dammages and for every Trespass afterwards double dammages to the Party Grieved And because question hath been made about the sufficiency of Fences Dammages for Trespass according to the former Act enjoyning them to be close to the bottom It is hereby Enacted that being so close as nothing mentioned in the former Act can creep through is onely by that Act intended III. An Act for the Election of Burgesses and by whom VVHereas many endeavours have been used for the publick good in the Election of Burgesses and whereas the usual way of choosing is by the Votes of all Persons who having served their time are Freemen of the Country who having little interest in the Country do oftner make Tumults at the Election to the great
also to the Kings most Excellent Majesty his Heirs and Successors for ever for the better support of the Government of this his Majesties Colony of Virginia in such manner as is herein before expressed and to and for no other use intent or purpose whatsoever And for the better discovery and preventing of Frauds Be it further Enacted by the Authority aforesaid Sixpence per Poll payable for all Persons imported Marriners excepted that the Master of every Ship or Vessel shall deliver his Boatswains Book to the perusal of the Respective Collectors and make Oath of the truth thereof to the best of his knowledg and that the Mate Boatswain Seamen or other persons be also sworn if there be cause for the discovery of the truth of the freight and if any Master shall wittingly or willingly conceal any part of his Freight or make false entry of the burthen of his Ship or Vessel or number of persons imported as aforesaid that then the said Master shall forfeit for every such Offence the sum of One Hundred Pounds Sterling as also the treble duties for every Hogshead or five hundred pounds of Tobacco and for every Tun concealed one Moitie to the Informer and the other Moitie to the Kings most Excellent Majesty his Heirs and Successors to and for the uses above mentioned and to be recovered by action of Debt Bill or Plaint by virtue of this Act against which no essoing wager of Law or protection to be allowed to any person so offending And it is hereby further Enacted by the Authority aforesaid that the Respective master of every Ship and Vessel shall enter into a Bond of Twenty Pounds Sterling to the Kings most Excellent Majesty his Heirs and Successors for the payment of the Duties of so many Hogsheads or five hundred pounds of Tobacco as shall upon due Certificate appear to be entred in the Custom-house in England more than shall be entered and paid to the Respective Collectors and other Officers in Virginia unless the said Collectors and Officers be fully satisfied of the true number of Hogsheads and Freight of the said Ships and Vessels the said Bond to be made without any Fee and to be void to all intents as if never made if not put in suit upon due Certificate to be procured by the Respective Collectors from the Custom-house in England within one year from the making thereof which said Collectors and other Officers are hereby required to use their utmost diligence in the due execution of this Act and shall be allowed their usual salleries or such other as by the Governour or Commander in Chief for the time being with the advice of the Council shall be adjudged necessary for Collecting the said imposition which said Governour or Commander in Chief for the time being is also hereby further Authorized and impowered from time to time with the advice of the Council as is before specified to give such reasonable allowances and encouragement as shall be adjudged fitting not exceeding ten per Centum to such Masters of Ships or other persons as shall give in true accounts and advance and pay down the above mentioned dutys either in money or good and sufficient Bills of Exchange to the satisfaction of the Respective Collectors Provided always and it is hereby Enacted and declared by the Authority aforesaid that the Act of Assembly in the Printed Book Intituled Imposition of two shillings per Hogshead made at a Grand Assembly held at James City the 23d of March 1661. also one other Act Intituled An Act for the imposition of two shillings per Hogshead made at James City the second of December 1662. also one Act in the Printed Book Intituled Castle-duties to be paid made at a Grand Assembly holden at James City the 23d of March 1661. and all other former Acts for the raising or levying of two shillings per Hogshead Impost upon Tobaccoes exported out of this his Majesties Colony of Virginia or for raising or levying Castle Duties Tunnage or head-money be and are hereby by vertue of this Act fully Repealed and made void to all intents and purposes any thing in this Act or any other Law Statute Custom Usuage or instructions whatsoever to the contrary notwithstanding Provided also and it is hereby Enacted and declared by the Authority aforesaid that the Priviledges of Virginia-Owners of Ships expressed and set down in the CXXXIIII Act in the Printed Book Intituled Priviledge of Virginia-Owners made at James City the 23d of March 1661. and one Act made at James-City the 20th of October 1669. Intituled An Act for freeing Virginia-Owners from Castle-Duties shall be and are hereby meant and intended to be in full force power and virtue to the benefit use and priviledge of all and every such Owner or Owners any thing in this Act or any other Act Law Statute Custom usuage or Instructions whatsoever to the contrary notwithstanding IV. An Act for continuation of the several Fortifications and Garrisons at the heads of the four great Rivers WHereas the number of Soldiers at the several Garrisons apointed by Act of Assembly made at James-City the 25th day of April 1679. is found too chargeable for the great poverty of the Inhabitants of this Countrey and longer to lye under and nevertheless the holding up any maintaining the said Garrisons and Fortifications against the incursions of the Indian-Enemy is deemed of absolute necessity 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 the clause in the said Law appointing Forty Tithables to set forth one Souldier be from henceforth wholly repealed and made void and that the said Garrisons and Fortifications be continued and that from henceforward the number of Soldiers at each Garrison Each Garrison to have twenty Souldiers besides the chief Commander over and besides the Commander in chief thereof be twenty in number out of which number two Corporals to be chosen by each Respective Commander in chief and that such twenty Souldiers for each Garrison as aforesaid be appointed and chosen as also their Horses Arms and Furniture out of those who are now there or ought to be there by each Respective Commander proportionally out of the several Counties to which they appertain and that for a supply of the said twenty Souldiers Horses Arms or Furniture so made choice of as aforesaid and happening to dye or any ways become disabled by sickness or otherwaies that then such dificiency upon notice given by the Commander in chief to the Justices or first in Commission of such County-Court to which County such Souldier or Souldiers c. shall belong shall forthwith be supplied according as the aforesaid Act of Assembly made the 25th of April 1679. directs and it is further Enacted by the Authority aforesaid that each Officer and Souldiers pay shall be and continue as is set down in the said recited Act of Assembly which charge shall
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