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| Pages 28-41
| Pages 53-69
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| AT A Generall Assembly, BEGUN AT JAMES CITTY. | |
| THE 16th DAY OF APRIL, ANNO 1691, AND IN THE THIRD YEARE OF THE REIGN OF OUR SOVERAIGN LORD & LADY WILLIAM AND MARY BY THE GRACE OF GOD, KING & QUEEN OF ENGLAND, SCOT- LAND, FRANCE & IRELAND, DEFEN- DERS OF THE FAITH, &c.*  ACT I. |
Francis Nicholson, esq. lieut. governor. |
| An act giveing reward for killing of Woolves. | Edi. 1733 and 1752. |
| WHEREAS it is found by frequent experience since the severall former
acts of this country giveing an reward for killing of wolves have been repealed, and the
encouragement which incited many people to sue their best endeavours and industery to distroy
them wholly taken away, that wolves have and do greatly increase in number, and that frequent
spoyle and distruction, in every part of this country, is by them made upon hogs, sheep and
cattle, to the great injury, damage and loss of the inhabitants, Bee it therefore enacted by
their majesties leiutenant governour, councill and the burgesses of this Generall Assembly and
the authority thereof, and it is hereby * The commencement of the acts of this session is alike in all the MSS. −− In the editions of 1633 and 1752, it is, 'At a General Assembly, begun at James City, the sixteenth day of April, in the third year of the reign of our sovereign lord and lady William and Mary, by the grace of God, of England, Scotland, France, and Ireland, king and queen, defenders of the faith, &c. and in the year of our lord 1691.' |
Preamble. In the margin, opposite the titles of the acts of this
session, and many others, it is said in the editions of 1733 and 1752, that the act was repealed,
generally by some act of 1705. but it is a mistake; as the acts of 1705 were a revisal, and in
most cases, a mere repetition of former acts.
|
| enacted, That whosoever hereafter shall kill and destroy wolves, either by gun, pitt, trapp, or other meanes or waies whatsoever, shall, for every wolfe soe killed and destroyed, be paid in the county where the same is done, by pit or trapp, three hundred pounds of tobacco and casque, and for a wolfe killed by gun or otherwaise two hundred pounds of tobacco and casque for his encouragement and reward. Any law, usage, or custome to the contrary notwithstanding. Provided alwaies, and it is hereby intended, That whosoever shall kill a wolfe, shall make proofe before the next justice of the peace of that county, at least by his own corporall oath or other sufficient proofe, at the discretion of the justice, how, when, and where hee killed the said wolfe, and alsoe bring in his head, and take from the said justice of the peace a certificate thereof, which being produced to the county court, (a) at the proportioning of the levy, shall be sufficient to cause the said court to raise upon the county the severall summes and rewards before mentioned, to be paid unto such person as by such service shall deserve the same. | Reward for killing wolves. What proof necessary to entitle to rewards. |
ACT II. | |
| An act directing how publique claimes shall be certified for allowance. | Edi. 1733 and 1752. |
| BEE it enacted by the right honourable their majesties leiutenant governour, the councill and burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That for the time to come there be constant courts held by (a) the justices in each county, at some convenient time before every assembly, for proofe of such debts as shall be due by law from the country, and that certificates, together with a full account of all perticulers, claimed, and by what authority, and for what service the same because | Co't of claims to be held in every county. |
| Various Readings | |
| * The running title to the acts of this session, in the editions of 1733 and 1752 is 'Anno regni Gulielmi & Mariæ tertio.' | |
| (a) The word 'court' omitted in Northb. MS. but inserted in Ch. City and P. Rand. MSS. | |
| (b) 'For' in Northb. MS. 'by' in Ch. City and P. Rand. MSS. |
| due, be issued by the clerk of each court, endorsed upon the account claimed, and be delivered unto the burgesses of that county in order to their allowance in the assembly, which proofe shall be made at the least by the oath of the party claiming and produceing the warrant or certificate by which he claimes, or otherwise sufficient proofe, and that the court do, and are hereby enjoyned strictly to inspect and seriously to consider every article of the account so exhibited, and regulate the same according to law, and that the clerke in full of all fees due to him for every person that claimes, and hath certificates granted be allowed twenty pounds of tobacco from the county (a) where the claime amounts to one hundred pounds of tobacco or more, and if under, to be done exofficio, Provided alwaies, that all claimers intended to receive benefit by this act do and shall make proof of their claimes as aforesaid, and returne the same to the first or second succeeding assembly after the said claime becomes due, otherwise to be excluded and barred forever, and also that every sherrif in this their majesties dominion of Virginia shall not for the future have, or receive from the country any satisfaction for publique services by him or them done more than what is already set down, exprest and ascertained in the law, nominating and appointing sherriffes fees. And be it further enacted by the authority aforesaid, and it is hereby enacted, that this act shall be read and published at every parish church in each countie by the sherrif of the county or the deputy on the Sunday next preceeding such court, and likewise that this act be constantly read by the clerks at the first opening of every such court. | How accounts against the public to be passed. Fee to clerk for certificate. When claimants to present their claims to assembly. Sheriffs to receive no other fees than those prescribed by law. When and where this act to be read. |
ACT III. | |
| An act prohibiting ordinary keepers to give credit to seamen and others. | Edi. 1733 and 1752. |
| FORASMUCH as the unlimited credit given by the ordinaries and tipling houses, within this their majesties country and dominion of Virginia, to the seamen | Preamble. |
| Various Readings | |
| (a) 'County' in Northb. MS. 'country' in Ch. City & P. Randolph MSS. |
| and others, where they spend not only their ready money, but their wages and other goods, which should be for the support of themselves and families, is found very prejudiciall, and occations many persons newly free to run away to the neighbouring plantations, to the great disadvantage of this country, Bee it therefore enacted (a) by the right honourable their majesties leiut. governour, the councill and burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, that if any ordinary keepers or master of a tipling house shall, after publication of this act, trust or sell drinke to any person or persons, who are not master of two servants, or being visiably worth fifty pounds sterling at least, more then the vallue of three hundred pounds of tobacco, such ordinary keeper, or master of a tipling house, shall loose all such overplus tobacco or money, for which they shall give such credit; and in case any such ordinary keeper or master of a tipling house shall take or get from any person, trusted as oforesaid, any obligation, bill or other security, for any sum above three hundred pounds of tobacco spent in one year, under pretence that it is for other goods, where any such fraud shall be discovered and proved, the said ordinary keeper shall, upon conviction, be made uncapable of keeping ordinary, and shall forfeit double the sum of such obligation, so covenously taken, one halfe to their majesties their heires and successors, for and towards the better support of the government, and the contingent charges thereof, and the other halfe to him or them that shall informe and sue for the same, in any court of record of this country, by action of debt, bill, plaint or information, wherein noe essoign, protection or wager of law shall be allowed. | Ord'y keepers selling drink to any person not owner of 2 servants or worth 50l. sterling more than to the amount of 300 lbs. tobacco in one year, shall lose the overplus; and taking any obligation, bill &c. for such overplus, rendered incapable of keeping ordinary, and forfeits double the amount. How recoverable. |
| And bee it further enacted by the authority aforesaid, and it is
hereby enacted, That if any ordinary keeper or master of a tipling house, shall, after
prohibition, or being forewarned hy the master of any ship or vessell trading to this country,
entertaine any of the seamen (a) The word 'enacted' omitted in P. Rand. MS. but inserted in Northb. and Ch. City MSS. |
Keepers of ordinaries or masters of tipling houses, entertaining sailors after being forwarned by their masters, liable as for entertaining runaway servants |
| belonging to any such ship or vessell, such ordinary keeper or master of a tipling house shall be, for such offence lyable to the masters complaint, wherein upon sufficient proofe made, such damages shall be allowed as is provided in the act against entertainment of other mens servants. Provided that this act or any thing therein contained shall not extend to the ordinary keepers of James Citty giveing credit to any person whatsoever, in the time of the generall court or dureing this setting of a generall assembly; any thing aforesaid to the contrary notwithstanding. | This act not to extend to James's City, during general courts
or assemblies. |
ACT IV. | |
| An act to prevent the casting of ballast into Rivers and Creekes. | Edi. 1733 and 1752. |
| FORASMUCH as the throwing and casting of stones, gravell, and other ballast out of the ships and vessells, arriveing into the rivers, creeks, and ports of this their majesties country and dominion of Virginia, is found very distructive and dangerous to the passage of vessells, sloops, and boats, and a stopping to the chanels of the said creeks; for prevention of which mischief, be it enacted by their majesties leiutenant Governour and Councill and the Burgesses of this Generall Assembly, and the authority thereof, and it is hereby enacted, that from and after the 24th day of June now next comeing, no master or masters, owner or owners, of any ship, sloop, boat, or other vessell or any other person or persons whatsoever, do cast or unload their gravel or ballast, at or in any of the rivers, creeks, ports, havens, or harbours of this country, but on the land only, above high water marke, upon paine that every such owner, master of a ship, sloop, boat, or other vessell, casting and laying the gravell, stones, or other ballast, or permitting the same to be so cast or laid, into any of the rivers, creeks, or harbours of this country, shall forfeit for every time so offending, the summ of ten pounds sterling, one halfe thereof to be to their majesties, their heirs and successors, for and towards the better support of the government of this their majesties dominion of Virginia, and the contingent | Preamble. Ballast to be unloaded on the land only above high water mark, under penalty of 10l. sterling for every offence. How recoverable. |
| charges thereof, and the other halfe to him or them that will sue for the same in any court of record, within this their majesties dominion, by action of debt, bill, plaint, or information wherein no essoign, protection, or wager of law, shall be allowed; Provided alwaies nevertheles, that if it shall hereafter appeare to the justices of the court of any county within this dominion, in which any ship or vessell shall happen to ride, that the throwing or casting of ballast into the roads or rivers (a) within such county, shall be of advantage to such road or river, for the better moreing and secureing of ships and vessells there, it shall and may be lawfull, in such case, for the justices of the peace of such county, upon the request of the masters of such ships, as usually ride and moore in such roads and rivers as aforesaid, to permit, suffer, and give liberty, by warrant out of court to such masters as, in manner aforesaid, shall request the same, to throw and cast over their ballast into such road or river, any thing aforesaid in this act contained to the contrary notwithstanding. | Provided, that where it shall appear that the throwing of ballast into a river or creek, will improve the navigation, the justices of the county may give permission to do so. |
ACT V. | |
| An act directing how Sherriffes and Collectors shall account for Publique dues. | Edi. 1733 and 1752. |
| WHEREAS severall persons have been, and still are lyable to be
prejudiced by remisness of sherriffs and collectors of the publique, county, and parish levies,
who often take their own advantagious times to demand and receive the publique dues, and other
collections, for which they may, in severall cases make seisure and distress; for prevention
whereof for the future, Bee it enacted by the right honourable their majesties leiutenant
Governour, the Councill and Burgesses of this present generall assembly and the authority
thereof, and it is hereby enacted, that the 80th act of assembly in the printed booke of
acts, limiting a certain time when creditors shall demand their debts, shall be |
Preamble. Act 80, in the printed book, (ante vol 2. p. 104) extended to public dues, and sheriffs and clerks' fees. |
| Various Readings | |
| (a) 'River' in P. Rand. MS. 'rivers' in Northb. & Ch. Cit. MSS. |
| interpreted and holden to extend to sherriffs, and other collectors, of the publique, county and parish levies, and of all sherriffs, and clerks fees; and also that all publique, county, and parish debtors, and all debtors of or for sherriffs, or clerks fees, may have the benefit and liberty of the second act of assembly in the yeare 1666, which admits of tenders of tobaccoes to the creditors, according to the full intent, meaning or purport thereof. And bee it further enacted by the authority aforesaid, and it is hereby enacted, that in case of collecting the publique, county or parish dues, or other fees, as aforesaid, any sherriffe or collector shall at any time make seisure or distress of more tobaccoes then are at that time due from the debtor, that in all such cases, the persons seiseing shall make imediate satisfaction to the party from whome they shall make such seisure, or otherwaies that he be allowed to take his overplus tobaccoes out of the hogshead so seized, and that no sherrife or publique collector shall and may from and after the publication of this act, presume to make seisure of any hogshead of tobacco before that time paid away and marked, if there be at that time other merchantable tobaccoes ready in such plantation, where such seisure is made, and which shall be offered and tendered by the debtor. And bee it further enacted by the authority aforesaid, and it is hereby enacted, That all sherrifes and collectors of publique, county, and parish dues, shall on or before the 31st day of January yearly produce and present to the justices of the peace of that county, of which he is sherrif or collector, at such convenient time as the said justices shall appoint, his the said sherrifs or collectors booke, kept by him, of his whole collection, as well of all publique dues as aforesaid, as also of all sherrifes, or clerks fees, or private debts put into his hands to collect, and collected together with publique dues, together with a true, full and perfect account of the quantity, quallity and weight of all tobaccoes received by him, as well for the publique, county and parish, as for sherriffs fees, clerks fees, and private debts, with a true account from whome the same was received, and where the same lies, which said account is to be delivered upon the oath of each respective sherrif or collector; and to the end that the publique credit of this country may be | and debtors, on those accounts entitled to the benefit of the 2d act of June 1666, ante vol. 2, p. 236. Sheriff or collector seizing more tobacco than is due to make immediate payment for the overpass. Not to seize tobacco paid away & marked, if other merchantable tobacco be offered: Sheriffs and collectors, annually to lay an acc'nt of their collections before the court specifying the quantity and quality of the tobacco received, and of whom. |
| well answered and discharged, the justices of each county be, and are hereby empowred and required thoroughly to examine the accounts, in presence of the severall creditors, who are to have notice of the time of examination of such accounts, at the preceding court held for the said county, and that the said justices order and appoint to each of the said creditors, and to other persons concerned, in sherrifs and clerks fees, and private debts, intermixt in the said sherriffs and collectors booke of accounts, their and every their due part and proportion of the tobaccoes, received and accounted for as aforesaid; haveing due regard to the quallity and convenience of the said tobaccoe to the end each person concerned may have equall right therein; and that it shall not be lawfull for any sherrif or sherrifes, publique collector, or publique collectors to convert to his or their owne use directly or indirectly, any part or parcell of the tobaccoes so received or collected, or to be received or collected by him or them, untill the account thereof be presented, examined and ordered as aforesaid, under the penalty of forfeiting four times the value of such tobaccoes, so converted to his own use, one third part of which said forfeiture shall be to their majesties their heires and successors towards the better support of the government of this their majesties dominion of Virginia, and the contingent charges thereof, one third part to the governor of this their majesties dominion of Virginia, and the other third part to him or them that shall sue for the same in any court of record within this their majesties dominion by bill, information, plaint or other action, wherein no essoign, protection or wager of law shall be allowed. Provided alwaies, that it shall and may be lawfull to and for every such sherrife and collector, and they and every of them are hereby required, to discount with all and every the creditor or creditors of the countie, publique and parish levies, the full sum and quantity due to them of the said levies out of his, her or their levies due from them to the publique, county and parish without any allowance for the same; and provided that all and every the sherrifs and collectors aforesaid shall be lyable to make good all tobaccoes to be received by them as aforesaid if it shall appear that the same or any part thereof shall be rotten, unsound, | Court to examine the ac'ts in presence of the several creditors,
and apportion the tobacco among them. Penalty on sheriffs or collectors for converting any tobaccoes collected by them to their own use. Provided that sheriffs and collectors may discount with the creditors, for the amount of their public dues; and that they shall be liable for all tobaccos paid to creditors, which appear to be |
| insufficient or not merchantable, within ten daies after the same shall be ordered and appointed to the creditors as before is directed, after which time all the said tobaccoes shall lie and be on the creditors account and hazard; Provided alsoe that nothing herein shall be construed, deemed or taken, to extend to their majesties quitrents, or other dues, but that the same be excepted out of this act. | rotten, within ten days thereafter. This act not to extend to quitrents. |
ACT VI. | |
| An act reviveing the act for advancement of manufactures of the growth of this country. | Edi. 1733 and 1752. |
| WHEREAS an act of assembly was made in the year 1682, entituled an act for the advancement of manufactures of the growth of this country and for the better and more speedy payment of debts and levies, to continue in force untill the 10th day of November 1685, (a) and no longer, and the same act was on the 20th day of October, anno 1686, revived and enacted to continue in force three yeares from the end of the then next session of assembly (b) now for as much as it hath since, by experience appeared, that the same is a good and wholesome law, and be very beneficiall to the people of this dominion, Bee it enacted by their majesties leiutenant Governour, Councill and burgesses of this present generall assembly, and the authority thereof, and | Preamble. |
| Various Readings | |
| (a) The figures '1685' omitted in P. Rand. MS. −− In the Ch. City MS. the words '9ber 1685' are omitted. −− It may not be amiss to observe, that before the alteration of the style, in 1752, when the 5th of March as the beginning of the year, or the first month, it was usual to writ the names of the months terminating in 'er' thus: September, '7ber' or seventh month; October, '8ber' or eighth month; November, '9ber' or ninth month; December, '10ber' or tenth month. | |
| (b) The words 'of assembly' omitted in P. Rand. MS. but inserted in Northb. MS. −− In the Ch. Ctty MS. it is 'to the end of that then session, and after that to the end of the then next session of assembly,' which latter words from the word 'and' are omitted in Northumberland MS. |
| it is hereby enacted, that the said act shall remaine, continue, and be, and every branch, article and proviso therein contained, revived and from henceforth continue, stand, and endure in force and strength, to all intents, constructions, and purposes, and shall be observed and kept, in all things, according to the tenor, effect and true meaning of the same. This act to continue for the space of three yeares, and so from thence to the end of the next session of assembly. | Act 12 of 1682 (ante vol. 2, p. 506) revived: and to continue in force for 3 years. |
ACT VII. | |
| An act reviveing the 6th act of assembly made at James Citty the 20th of October 1686, regulating the tares of tobacco hogsheads. | Edi. 1733 and 1752. |
| FOR the prevention of abuses, frauds, and deceits, daly practised in the passing away of tobacco hogsheads, at a much higher tare then they really weigh, and for remedy of the great damages done and suffered by tobaccoes being packt in hogsheads made of green and unseasoned timber, or such thin and slight staves and hoops as will not endure rowling to the water, Bee it enacted by their majesties leiutenant governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the 6th act of assembly made at James Citty the 20th day of October 1686, entituled, an act regulating the tare of tobacco hogsheads be now revived and put in force, with the severall explynations, clauses, and additions as hereafter shall be exprest, that is to say, that all and every tobaccoe casque in the said act directed to be marked or branded with the first letter of the proper name, and the first letter of the sirname of the person or persons that shall set up the same, be, and shall be, for time to come, respectively branded with an iron brand, and noe other, in such places, and in such manner, as in the said act is exprest and set downe, and that the true intent, meaning and sense of the said act, for the future, be soe deemed, taken, and held, by and in all and every court of judicature within this their majesties dominion of Virginia, which shall hereafter have occasion to give judgment in the same. | Preamble Act 6, of Oct. 1686, revived, with amendments. Tobacc. casks how to be branded |
| And be it further enacted by the authority aforesaid, That all and every tobaccoe hogshead made and set up from and after the publication of this act, be made of dry and well seasoned timber, and set up in strong and substanciall hoopes, according to the size, dememsion and seasoning hereafter mentioned and set down, that is to say, all and every stave belonging to any tobaccoe hogshead or other tobaccoe casque, in which tobaccoes are paid away, or put to sayle, shall be at least the thickness of one third of an inch, on the thinest edge thereof, and be made of such dry and seasoned timber as hath been fallen and hewed three months at least before the makeing and setting up thereof, and that all and every cooper or coopers or other persons whatsoever, who, from and after the publication of this act, shall presume to work up unseasoned timber not being fallen and hewed three months at least, and thereof make use in the staves or heading of any tobacco casque whatsoever, shall for every tobacco caske so made and set up forfeit and pay five hundred pounds of tobaccoe, and also all and every planter, or planters, or other persons whatsoever, that from and after the publication of this act, shall pay away or put to sale any tobaccoes whatsoever in any hogshead or caske whatsoever, but such as shall be made according to the directions and true intent and meaning of this act, shall for every such caske, forfeit and pay five hundred pounds of tobacco, one moyety of the said fines and forfeitures to be to their majesties, their heires and successors for and towards the better support of the government and the contingent charges thereof, and the other moyety to him or them that shall sue for the same in any court of record within this their majesties dominion of Virginia by bill, information, plaint or other action wherein no essoign, protection or wager of law shall be allowed. | To be made of dry & seasoned timber. Thickness of staves. Penalty on coopers for working timber not fallen & hew'd three months. Pen'ty for paying away tobacco in casks not made according to the directions of this act |
| And forasmuch as divers differences and disputes have arisen, and
may hereafter arise, about the allowance of thirty pounds of tobacco for every tobacco hogshead
(a) where the specialty of the debtor or |
An allowance to be made for the hogshead, altho' the specialty be for tobacco and caske. |
| Various Readings | |
| (a) 'Caske' in Ch. City and P. Randolph MSS. 'hogshead' in Northumberland MS. |
| agreement of the contractor, of or for tobaccoes, doth or shall express tobacco and caske, and thereupon advantage may be taken of the planter to the utter loss of his caske, contrary to the intent and meaning of this act, Bee it enacted and declared by the authoritie aforesaid, that all and every creditor, buyer, receiver, or other person whatsoever, that receiveth tobaccoes in caske for and in satisfaction of any bill, bond, purchase, contract or other account whatsoever, (whether the same express tobacco and caske or not) shall refuse or denie to abate, deduct, or otherwise satisfie and make payment of thirty pounds of tobacco for every hogshead unto the person or persons of whome he shall receive the same, and at the time he doth receive it of the debtor, seller or payer away, shall for every such offence forfeit and pay the party injured the sume of five hundred pounds of tobaccoe, to be recovered by action of debt in any court of record within this their majesties dominion of Virginia, any law, statute, usage or custome to the contrary notwithstanding. This act, or any thing herein contained not to be construed or taken to extend or relate to any bill, bond, or obligation already taken, for any debt contracted before the publication of this act. | Not to be extended to debts previously contracted. |
| This act to continue in force three yeares and noe longer. |
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