Pages 458-471 
|  Pages 490-508
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| Pages 458-471
| Pages 490-508
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| ACT V. | |
| An act for cohabitation and encouragement of trade and manufacture. | Edit. 1733 and 1752. |
| THIS present generall assembly haveing taken into their serious consideration the greate necessity, usefullnesse and advantages of cohabitation in this his majesties country of Virginia, and observing and foreseeing the greate extremities his majesties subjects here must necessarily fall under by the present and continued lownes of the price of tobacco, the only comodity | Purvis 260. Preamble. |
| and manufacture of this country (if the same be not by all prudentiall meanes and wayes prevented) and considering that the building of storehouses for the reception of all merchandizes imported, and receiving, secureing and laying ready all tobaccoes for exportation and for sale and disposall of all goods, merchandizes and tobaccoes imported or exported into or from this his majesties colony of Virginia wilbe one greate meanes for advancement thereof, doe pray your majestie that it may be enacted, and be it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid, that there be (a) within two months next, and immediately after the publication hereof in every respective county within this his majesties colony ffifty acres of land purchased by the ffeoffees of the severall counties at the rates hereafter sett downe and measured about, layd out and appointed for a towne for storehouses, &c. for such county as is hereafter sett downe and expressed, that is to say, | Fifty acres of land to be purchased by each county & laid out for a town & storehouses. | ||||||||||||||||||||
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Places in each county where the towns and storehouses are to be established. | ||||||||||||||||||||
| Various Readings | |||||||||||||||||||||
| (a) 'By' in Purvis. (b) 'Swynards' in Purvis. |
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| And be it further enacted by the authority aforesaid, and it is hereby enacted that the price to be paid by each county for each respective ffifty acres of land nominated as aforesaid shalbe tenn thousand pounds of tobacco and caske, which summe the owners or owners thereof shalbe and are hereby constrained to accept take and receive as a full and valueable price and consideration for the said land for ever, and for which he shall acknowledge and pass an authentique deed in law to such person or persons his or their heires and assignes for ever, as shalbe nominated by the justices of the county court as ffeoffees in trust, and to and for the use for the county; and for encouragement of all and every such person or persons whatsoever as will build a dwelling house and a ware house thereupon, every such person and persons shall have assigned him or them by the justice or justices of the county ffeoffee | Price of the 50 acres of lands to be vested in feoffees, in trust for use of the county | |||||||||||||||||||
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| or ffeoffees in the deed named, or in the case of the death or absence of one or more of them, then by such other as shall be appointed by the court, one halfe acre of the said land in ffee simple, he pay [paying] to the county one hundred pounds of tobacco and caske and building such dwelling house and ware house thereupon as by this act is enjoyned. And in case any person should desire more then one halfe acre, that then there be assigned to him one halfe acre more in manner aforesaid, he building thereupon one other dwelling house and one warehouse, and paying the county one hundred pounds of tobacco and caske for the same. And it is hereby further enacted that every such person or persons as shall desire and purchase such lands as aforesaid and shall not begin to build thereupon within three months after such purchase and soe continue to the ffinishing such building as by this act is enjoyned shall forfeite all such tobaccoes and land and the same to revert to the county soe as to be sould and assigned to any other person or persons desireing the same on the prices and conditions aforesaid. And it is further enacted that the surveyor or surveyors appointed to lay out the said ffifty acres in the severall appointed places, be paid and allowed by the publique according to act of assembly, and that every surveyor for laying out every dividuall halfe acre, and giveing a platt thereof shall be paid by him that shall imploy him twenty pouuds of tobacco and caske and noe more, and such surveyor as upon timely notice given him shall refuse to survey and lay out the same, or that shall demand more then what is here allowed upon due proofe thereof made, shall pay to the party agrieved ffive hundred pounds of tobacco, to be recovered by action of debt in any court of judicature. And be it further enacted by the authority aforesaid and it is hereby enacted, that all tobaccoes whatsoever which shall be made within this his majesties colony from and after the ffirst day of January next ensueing, and alsoe other goods and merchandizes whatsoever of the growth of this colony to be exported shalbe brought to the said appointed places where all such tobaccoes and all other goods and merchandizes whatsoever of the growth or production of this colony, are to brought sould, shipped and freighted, and whosoever shall presume | Encouragem't to build. Conditions of building. Fees of surveyors for laying out the town. Pen'ty for neglect, or exacting more. All tobaccoes and other products of the country to be carried to the towns. |
| to buy, sell, freight or ship of any tobaccoe or other goods or merchandizes aforesaid next after the tyme aforesaid, before the same is brought to such appointed places, upon due proofe thereof made shall forfeite and lose all such tobaccoes, or other merchandizes whatsoever, one halfe to his majesty and the other halfe to the informer, any law, usuage or custome to the contrary notwithstanding. And all goods, wares, English servants, negroes and other slaves, and merchandizes whatsoever that shalbe imported into this colony from after the twenty ninth day of September, which shall be in the yeare 1681, shalbe landed and layd on shore, bought and sould at such appointed places aforesaid and at noe other place whatsoever, under like penalty and forfeiture thereof. Provided alwayes that it shall and may be lawfull for any person whatsoever to have liberty to buy and sell betweene themselves any horses, mares, cattle, sheep, corne English grayne or any other manner of provisions whatsoever, and also liberty to carry hides to the tanners where the tann houses are, any thing in this law to the contrary in any wise notwithstanding. And to prevent exactions that may be used by sloopmen who must necessarily be imployed to bring the said tobaccoes to the said appointed places and for the owners of ware houses for storage thereof. It is hereby enacted that the owners of the tobacco bringing the same to the water side where it is to be taken on board shall pay for sloop hire noe more then twenty pounds of tobacco and caske for every hogshead if the said tobacco be within thirty miles of the said warehouse to which it is to be brought, and what distance soever further fforty pounds of tobacco and caske for each hogshead and noe more, upon penalty of forfeiting one hundred pounds of tobacco and caske for each hogshead by him who shall receive or take more, to the use of the party greived; and for the storage of any hogshead of tobacco in any ware house the owner thereof shall pay to the warehouse keeper tenn pounds of tobacco for the ffirst day or for a month, and for every month after, six pounds of tobacco and noe more. And whereas there are severall persons who are soe remote from landings proper for takeing their tobacco on board the sloopes or boates for transporting the same to | Pen'ty for purchasing elsewhere. All goods imported, servants, negroes & other slaves &c. to be landed at the town only. Proviso, as to certain domestic articles. Pri. of freight limited. Storage of tobacco. How houses of deposit, convenient to land'g may be built. |
| the appointed places. It is therefore hereby further enacted that in case any person or persons owners of such lands which shalbe convenient to build a house upon, convenient for secureing such tobaccoes untill the same can be shipped shall refuse to build such house for secureing such tobaccoes untill the same can be shipped as aforesaid, that in such cases liberty is granted, and liberty is hereby granted to any person or persons whatsoever for soe much land as he or they may conveniently build such fitting house upon for secureing such tobaccoes as shalbe brought thither in order to transporting the same to the warehouses appointed in this act, he or they who shall desire the same and build thereupon according as by this law is intended, paying to the owner thereof such price and prices as are sett downe and ordered to be paid in the act of assembly provided for lands, churches and mills, and that there be allowed free liberty of ingrese and egresse to and from such house or houses not comitting any trespasse, And for encouragements of all that shall transport their tobaccoes to the appointed places mentioned in this act, It is also hereby enacted that noe executions, attachments or other processe in law shalbe executed or layd upon the said tobacco on the tyme of transportation thereof to the said appointed places or in the ware houses for any debt contracted before the passing this act, the party that transports such tobaccoes haveing first made oath before a magistrate that he is really and bona fide transporting the same to one of the said warehouses. And for encouragement of carpenters, sawyers, brickmakers, bricklayers, labourers and all other tradesmen whatsoever that will cohabitt, dwell and excercise their trades within the said appointed places or any of them, It is hereby enacted by the authority aforesaid that all such persons so inhabiting shall within the lymitted bounds of the severall respective places be wholly freed from any arrest of their persons or seizure of their estates for such debts as were formerly contracted, for and during the terme and tyme of ffive yeares to come next after the publication of this law, not barring the creditor or creditors to sue for and receive their debts when that tyme of ffive yeares is expired, any law custome or usuage to the contrary notwithstanding. And it is hereby further | Encouragem't to carry tobac. to the towns; exempt'n from
execution or attachment. Encouragem't for tradesmen free from arrests and execut'n for debts previously contracted, for 5 years. |
| enacted that all such trades and labourers cohabiting in the places aforesaid, and not planting, tending or making tobacco, shalbe freed and acquitt from paying any publique levyes during the terme of ffive yeares from the publication of this act. Provided alwayes, and it is hereby meant and intended to be meant that all such debts that shall accrue by any bargaine or contract made or to be made within the lymitts of the said appointed places or any of them, imediate process may be granted thereon, any thing in this law to the contrary notwithstanding. And for the more sure receiving all such tobacco as shalbe brought to the aforesaid stores or warehouses to the use and advantage of the owners thereof. It is hereby further enacted by the authority aforesaid that noe collector or collectors of levyes or parish tythables shall make distresse or seizure of any tobaccoes in such places for publique, county or parish levyes or for sherriffes or clerkes fees, but that all sherriffes and publique collectors shalbe and are hereby enjoyned to collect and receive the tobaccoes due in their collections as heretofore was usuall, and the publique or other creditors to receive the same accordingly. And be it further enacted by the authority aforesaid and it is hereby enacted, that for the better advancement of the price of tobaccoes and lessening of freight, that noe merchant, factor, or adventurer whatsoever arriveing with any goods, wares, servant, slaves or other merchandizes whatsoever into this colony shall presume to buy ship off or freight any tobacco whatsoever from of the before appointed places att any tyme or tymes before the twentyeth of March 1681, by which tyme it may be presumed and beleived all tobaccoes whatsoever which shalbe made in this colony may be brought to the said appointed places, under the penalty of forfeiting and loosing all such goods, wares, &c. And all tobaccoes soe purchased one halfe to his majestie and the other halfe to him or them that shall and will informe and sue for the same, any law, usuage or custome to the contrary thereof in any wise not withstanding. Provided alwayes, and it is hereby meant and intended that this restriction shall continue two yeares from the said twentyeth of March and noe longer; Provided alsoe that notwithstanding any thing in this act conteyned, any inhabitants dwelling within the said appointed places shall have liberty to sell such | Further encouragement to such, not to make tobacco. Exemption not to extend to debts contracted within the town Tobacco not to be seized in stores or ware house, for levies or fees. No tobacco to be shipped before twentieth March, 1681. Penalty. Restriction to continue two years. Proviso |
| goods and merchandizes as they have of their owne at any time. Provided alsoe, and it is hereby enacted that if two or more countyes lying convenient to each other shall within the two months before recyted agree together at one comon place and towne for such their county and lay out the ground for the same in comon betwixt and amongst them, and there build houses as by this act is enjoyned, that then such one towne soe agreed on and appointed laid out and built shall serve and be suffitient for such two or more countyes, any thing in this law to the contrary notwithstanding, And it is hereby further enacted that all magistrates take due care to see this act be strictly observed and put in execution. | Furth. proviso. |
 ACT VI. | |
| An act imposeing and assertaining attorneys ffees. | Edit. 1733 and 1752. |
| WHEREAS all courts in this country are many tymes hindred and troubled in their judiciall proceedings by the impertinent discourses of many busy and ignorant men who will pretend to assist their freind in his busines and to cleare the matter more plainly to the court, although never desired or requested thereunto by the person whome they pretended to assist, and many tymes to the destruction of his cause, and the greate trouble and hindrance of the court; for prevention whereof to the future, Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid that noe person or persons whatsoever shall practice as an attorney or appeare to plead in the generall court or any county court in this country but such as shalbe first lycensed by his excellency or successors thereunto, and that any one that shall presume to plead in the generall court or any county or other court without such lycense ffirst obtained and had, shall forfeite for every such offence comitted in the general court two thousand pounds of tobacco, and for every such offence comitted in the county court six hundred pounds of tobacco, the one halfe to our sovereigne lord the king, his heires and successors, | Purvis 267. Preamble. None to practice as attorn'y in gen. or county courts, unless previously licensed by the governor. Penalty. |
| and the other halfe to the informer to be recovered by action of debt, bill plaint or information in the said court or courts where such offence shalbe comitted. And be it further enacted by the authority aforesaid that noe attorney or attorneys soe lycensed as aforesaid, take, demand, or receive from any person or persons, more for any cause in the generall court and bringing the same to judgment, then five hundred pounds of tobacco and caske, and for any cause in the county courts and bringing the same to judgment, then five hundred pounds of tobacco and caske, and for any cause in the county courts and bringing the same to judgment more then one hundred and ffifty pounds of tobacco and caske. And it is hereby declared and enacted that every attorney or attorneys shall have for every cause he undertakes in the generall court, five hundred pounds of tobacco and caske, and for every cause he undertakes in the county court, one hundred and fifty pounds of tobacco and caske, which he may lawfully clayme without preagreement made with the partyes for the same. And be it further enacted by the authority aforesaid, and it is hereby enacted that all such attorney and attorneys that shall refuse to plead any cause in the generall court for the aforesaid assertained fee of ffive hundred pounds of tobacco and caske, shall forfeite and pay to the person greived ffive hundred pounds of tobacco and caske, after legall conviction, on due proofe thereof made, to be recovered by due processe law; and upon refusall of any cause in the county court shall pay to the party greived one hundred and ffifty pounds of tobacco and caske, after legall conviction as aforesaid, to be recovered by due processe of law. Provided alwayes that this act nor any clause therein shall not extend to debarr any man that is capable of pleading and manageing his owne cause and busines in any the said generall or county courts, but that he may be permitted and allowed to plead and manage his owne businesse, any thing in this act to the contrary notwithstanding. | Fees of attornies, in the general court; in the county courts. Pen'ty for refusing to plead for the legal fee. Any person may plead his own cause. |
ACT VII. | |
| An act assertaining the time when Negroe Children shall be tythable. | Edit. 1733 and 1752. |
| WHEREAS it is deemed too hard and severe that children (as well christians as slaves) imported into this colony should be lyable to taxes before they are | Purvis 269 Preamble |
| capable of working, Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid, that all negroe children imported or to be imported into this colony shall within three months after the publication of this law or after their arrivall be brought to the county court, where there age shalbe adjudged of by the justices holding court, and put upon record, which said negroe, or other slave soe brought to court, adjudged and recorded shall not be accompted tythable untill he attaines the age of twelve yeares, any former law, usuage, or custome to the contrary notwithstanding. And be it further enacted by the authority aforesaid, and it is hereby enacted, that noe christian servants imported into this colony shalbe tythable before they attaine the age of fourteene yeares any former law, usuage, or custome to the contrary notwithstanding. | Negro children imported to have their ages
adjudged by the courts. Tythable at 12 years of age. Servants tythable at 14. |
ACT VIII. | |
| An act lycensing a free trade with Indians. | Edit. 1733 and 1752. |
| BEE it enacted by the kings most excellent majesty by and with the consent of the generall assembly, that all former acts of assembly restrayning, lymitting and forbidding tradeing with Indians be, and stand hereby repealed, and they are hereby repealed, and that henceforth there be a free and open trade for all persons att all tymes and places with our freindly Indians, And that this act continue in force untill the next session of assembly. | Purvis 270. Free trade allowed with all friendly Indians. Limitation of this act. |
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| An act assertaining allowances for caske. | Edit. 1733 and 1752. |
| BEE it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted that from and after the publication of this law the allowance for caske for publique, county, and parish levyes, and for clerks and sherriffes | Purvis 271. Eight per cent allowance for cask, in public county and parish levies. |
| fees be eight per cent and noe more, and that all sherriffes and other collectors of the same shall allow the planter or others eight per cent for his caske as aforesaid, upon penalty of paying for refuseing soe to doe one hundred pounds of tobacco to the party greived and to whome he shall deny such allowance, and on due proofe made thereof, to be recovered by action of debt in any court of record, or before one single justice of the peace if the same exceeds not two hundred pounds of tobacco. | |
ACT X. | |
| An act for preventing Negroes Insurrections. | Edit. 1733 and 1752. |
| WHEREAS the frequent meeting of considerable numbers of negroe slaves under pretence of feasts and burialls in is judged of dangerous consequence; for prevention whereof for the future, Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid, that frm and after the publication of this law, it shall not be lawfull for any negroe or other slave to carry or arme himselfe with any club, staffe, gunn, sword or any other weapon of defence or offence, nor to goe or depart from of his masters ground without a certificate from his master, mistris or overseer, and such permission not to be granted but upon perticuler and necessary occasions; and every negroe or slave soe offending not haveing a certificate as aforesaid shalbe sent to the next constable, who is hereby enjoyned and required to give the said negroe twenty lashes on his bare back well layd on, and soe sent home to his said master, mistris or overseer. And it is further enacted by the authority aforesaid that if any negroe or other slave shall presume to lift up his hand in opposition against any christian, shall for every such offence, upon due proofe made thereof by the oath of the party before a magistrate, have and receive thirty lashes on his bare back well laid on. And it is hereby further enacted by the authority that if any negroe or other slave shall absent himselfe from his masters service and lye hid | Purvis 272. Preamble. No negro, or other slave to carry arms, offensive or defensive; or go from his owner's plantation without a certificate, &c. Punishment. For lift'g hand ag'st a Christian. Negroes lying out and doing mischief, and |
| and lurking in obscure places, comitting injuries to the inhabitants, and shall resist any person or persons that shalby any lawfull authority be imployed to apprehend and take the said negroe, that then in case of such resistance, it shalbe lawfull for such person or persons to kill the said negroe or slave soe lying out and resisting, and that this law be once every six months published at the respective county courts and parish churches within this colony. | refusing to be apprehended, may be killed. This law to be published at L county c'rts & parish churches, every six months. |
ACT XI. | |
| An act for presentation and delivery of greivances. | Edit. 1733 and 1752. |
| FORASMUCH as it hath been too frequent by the practice of ill disposed and seditious persons to deliver to their burgesses, and they to the assemblyes, scandalous and seditious papers, and to entitle and call them the greivances of the inhabitants of such county or countyes wherein they dwell, neither giveing or presenting the same in lawfull manner, nor in truth being knowne to any other his majesties good subjects of such county whose title they beare; Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid that the sherriffe of each county shall before every session of assembly appoint a tyme and place for presenting, giveing and receiving all county greivances which shalbe signed by the partyes giveing the same and attested by the clarke of the county court, or chief magistrate soe to be, and all other private propositions or perticuler agrievances shalbe signed by the partye delivering the same, or not to be received into the assembly. | Purvis 273. Preamble. Sheriff, before any session of assembly to appoint a time and place for receiving grievances of the people. All propositions to be signed. |
ACT XII. | |
| An act prohibiting the transportation of raw hides and Deer Skins. | Edit. 1733 and 1752. |
| BEE it enacted by the kings most excellent majestie by and with the consent of the generall assembly and it is hereby enacted, that from and after the publication | Purvis 274. |
| of this act it shall not be lawfull for any person or persons whatsoever to export out of this his majesties colony of Virginia any untanned (a) hides or deer skins upon the penalty of paying for every raw hide or deer skin one hundred pounds of tobacco and caske, that shalbe found on board of any ship, boate, sloope or other vessell in order for such exportation, over and besides the forfeiture of all such raw hides or deer skins soe found for exportation; the one halfe to his majestie his heires and successors, and the halfe to him that shall make information thereof. And all collectors of the two shillings per hogshead or penny per pound customes are hereby required and enjoyned on every information or suspicion of such exportation to make diligent search and seizure accordingly. | Exportation of untanned hides or deer skins prohibited.
Penalty. |
ACT XIII. | |
| An act prohibiting unlawfull disturbances of divine service. | Purvis 252, & Edi. 1733, 1752 and 1769. |
| BEE it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid, that whosoever from and after the publication of this act shall appeare in any church or chappell within this his majesties colony whilst the minister is exerciseing his ministerial ffunction, and shall disturb him by words, or any other manner or meanes whatsoever, or shall there appeare in any unseemly or undecent gesture, any justice, sherriffe or other officer then present, shall put such person or persons soe offending under restraint during divine service, who shall alsoe for the first offence by fyned two hundred pounds of tobacco and caske, and for every such offence as shalbe by them or any of them committed after in the like quality, shalbe five hundred pounds of like tobacco and caske for every such offence, which fines shalbe levyed by the sherriffe upon the estate of the person or persons soe offending, by virtue of a warrant from a justice | Disturbers of divine worship may be restrained and fined;
for 1st offence 200 lbs. tobacco, and subsequent offence 500. |
| Various Readings | |
| (a) 'Unattainted' in Purvis. |
| of the peace, for the use of the parish, and such justice of the peace that shall refuse or neglect to put this law into severe execution shalbe fined fie hundred pounds of tobacco and caske to the use of the parish for every such neglect. | Justice failing to execute this law fined 500 lbs. tobacco. |
ACT XIV. | |
| An act reviveing and reinforcing an act made at James Citty the 20th of October 1665, and putting the same in due execution. | Edi. 1752. |
| BEE it enacted by the kings most excellent majestie, by and with the consent of the generall assembly, and it is hereby enacted by the authority aforesaid, that the eighth act of assembly made at James Citty the twentyeth of October 1665 (intituled an act concerning Indians) be and it is hereby revived and reinforced to the end the same be put in due and effectuall execution. | Purvis 277 and edit. 1733. Act VIII of Oct 1665, enforced. (See an. p. 218.) |
ACT XV. | |
| An act for the well clearing the heads of rivers and creeks from loggs and trees for the safe passing of sloops and boates. | Edit. 1733 and 1752. |
| WHEREAS the neglect of clearing the heads and other parts of rivers and creeks from loggs, trees, roots of trees and other rubbish hath occasioned and endangered the losse of severall sloops, boats, tobaccoes and merchandizeing goods, in carriage thereof to and from the ships, for the better prevention thereof for the future, Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the aforesaid authority, that from and after the publication of this law the respective justices of the severall county courts doe annually in June or July courts appoint and order the surveyors for the rivers to cleare all and all manner of loggs, trees roots of trees and other rubbish as may any wayes hurt and endanger any sloope, boate or | Purvis 277. Preamble. County courts annually, in June or July, to order the surveyors of rivers to clear them of logs, trees, &c. |
| other vessell from out the respective rivers or creeks, heads or parts of any river or rivers, creeke or creeks within their county and lymitted bounds as surveyors, which said clearing and removall of all loggs, trees, rootes of trees and other rubbish shalbe as aforesaid annually ordered by the justices to be done, and by the surveyors thereto appointed to be effectually performed according to the true intent and meaning of this act under such paines and penalties for every delinquent offender as are sett downe in the seaventy ninth act of assembly in the printed booke, intituled surveyors for high wayes. And if any shall presume to fall trees into the rivers or creeks, and not cleare the same, the offender shalbe fined ffive hundred pounds of tobacco for the ffirst offence to the use of the county, and for the second one thousand pounds of tobacco to the use aforesaid. | Penalty. For fall'g trees into rivers or creeks and not clearing them away. | ||||||||||||||||||||||||||
ACT XVI. | |||||||||||||||||||||||||||
| Additional ffees assertained to County Court Clerks. | Edit. 1733 and 1752. | ||||||||||||||||||||||||||
| BEE it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted that those additionall fees hereafter sett downe over and besides the ffees nominated in the printed booke be demanded and taken by county court clerkes as just ffees and none otherwaies: | Purvis 278. Addit'nal fees to co'ty court clerks. (See an. p. 455.) | ||||||||||||||||||||||||||
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| And if any clerke of a county court shall exact or take greater sumes for any ffee then is here or in the printed booke, or by any other law sett downe and established, and shalbe legally convicted therein, such | Pen'ty on clks. exacting more than legal fees. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Various Readings | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| (a) '10' in Purvis. (b) 'Attachment' in Purvis. |
| person soe offending shall forfeite for every pound of tobacco soe exact and taken, tenn pounds of like tobacco to the person or persons soe overcharged to be recovered by action of debt, any law, custome or usuage to the contrary notwithstanding | |
ACT XVII. | |
| An act restraining strikeing and killing fish at unseasonable times. | Edit. 1733 and 1752. |
| The inhabitants and freeholders of the severall counties of Gloster, Middlesex and Lancaster by their burgesses at this assembly complaining that the striking and killing of fish with giggs, and harping irons, is very prejudiciall, injurious, and destructive to themselves in perticular, and the whole country in generall, and praying that by a provinciall law there may be a restraint put upon such strikeing, and destructive killing of fish betwixt the months of March and November. | Purvis 280. [From Charles City MS.] |
| Bee it therefore enacted by the kings most excellent majestie, by and with the consent of the generall assembly, and it is hereby enacted by the authoritie aforesaid that from henceforth it shall not be lawfull betwixt the first day of Aprill, and the first day of November for any person or persons whatsoever to kill or strike any ffish whatsoever within the bounds and limits on the waters or shoars of Gloster county, Middlesex county, or Lancaster county, with gigg, harping iron, or any other such like instrument made or to be made of iron, wood or otherwayes, upon pennaltie of forfeiting and paying for every time such person shall be lawfully convict thereof five hundred pounds of tobacco and caske, one halfe to the kings majestie his heires and successors, and the other halfe to him or them that shall informe thereof and sue for the same, to be recovered against every such offender or offenders in any of his majesties courts in this colony of Virginia by | No fish to be struck or killed with giggs or harp'g irons, within certain counties between the month March & November. |
| action of debt, bill, plaint or information, any lawe usage or custome to the contrary notwithstanding. | ||
| Signed by LORD CULPEPER,
Gov'r. THOMAS BALLARD, Speaker. | ||
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| The assembly adjourned to the 15th Feb. 1680-1. R. B. Cl. Assembly. | ||
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| ITT being proposed to this assembly whether servants consigned to merchants be lyable for payment of their levyes if not sold or disposed of before the tenth of June. It is declared by this assembly that such servants soe unsold ought not to be listed as tythables that yeare. | Servants, consigned to merchants & not sold, not to pay taxes. | |
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| A PROPOSITION being brought to this assembly for giveing a rule to try servants indentures comeing into this country, and diverse blank indentures and office certificates signed by the office keeper or register, or deputy register, and sealed with the office or registers seal, being produced to this assembly whereby it manifestly appeares such indentures and office certificates cannot reasonably in themselves without better testimony or at least greate circumstance be accounted vallid and good, and because many and different arguments and proofes may appeare for or against such as may happen to be produced. This assembly doe declare that the former lawes doe suffitiently direct concerning indentures, and that all justices are oblieged to give judgment in such matters when they come before them according to such proofe by evidence or otherwayes as shalbe manifest to them and according to the best of their judgment therein. | Frauds in servants' indentures. How judgm't to be given thereon |
| IT being proposed to this assembly whether it is in the power of sherriffes, upon entry of actions against masters, marriners or others belonging to, or on board any ship or ships rideing att anchor in the respective rivers, ports or harbors of this his majesties colony to enter on board any ship or ships or other vessells rideing in the river or rivers, rhodes or harbour appertaining to and accounted within the precincts of that county wherein he is sherriffe, and there serve such arrest or processe as the entry of the actions or warrants directs. | Sheriffs authorised to execute process on board vessels. | |
| This assembly do declare that it alwayes was and still is within the authority and power of all sherriffes and their lawfull deputies to make arrests and execute warrants as well on board ships or other vessells rideing in the lymitts or precincts of their countyes or rivers, or harbours adjoyning thereunto, equall and alike with their authority and power on land in their counties in like cases, and this to continue in force untill there be courts of admirality settled. | ||
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| ORDERED that one hundred and sixteene per pole be levied and paid this yeare for defraying the publique debts, and that forty seaven per pole be levyed and paid this next ensueing yeare for defraying the charge of the foure garrisons at the heads of the rivers this next ensueing yeare according to an act of this assembly. | Revenue. Poll tax. | |
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| Pages 458-471
| Pages 490-508
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