Pages 53-69 
|  Pages 82-97
|
| Pages 53-69
| Pages 82-97
|
| ACT X. | |
| An act to prevent Horses running at large and barkeing fruit trees. | Edi. 1733 and 1752. |
| FORASMUCH as sundry horses, mares, and colts runeing in the woods at large do often prove very injurious to the inhabitants of this countrey by breakeing into orchards, and barkeing and distroying fruit trees, and committing sundry other mischeifes; for prevention whereof for the future, Bee in enacted hy their majesties leiutenant governour, councell and burgesses of this present (a) Generall Assembly and by the authority thereof, and it is hereby enacted, that from and after the first day of October next, all and every owner and owners of such horse or horses, mares or colts shall well and sufficiently keep and secure him or them within their owne fenced grounds, and in case that any time after the said first day of October, any such horse or horses shall be found running at large and without such fenced grounds, and shall be taken up and delivered to the owners thereof, such owner or owners shall pay to the person delivering the same, and makeing good proofe by his owne corporall oath and one other evidence, before some one of their majesties justices of the peace for the county where such owner shall dwel, of his so takeing up the said horse or horses, without any means by him any other person to his knowledge sued, for the letting at liberty such horses so iaken [taken] up, one hundred pounds of tobacco and casque for each horse. | Preamble. Owners of horses, notorious for barking fruit trees to keep them in their inclosures. If taken when running at large, the owner to pay the taker up 100 lbs. of tobacco |
| And bee it further enacted by the authority aforesaid, That if at any time after the said first day of October, any such horse or horses shall breake into any orchard of garden and spoyle, barke, or (b) distroy any fruit tree or trees, the owner or owners of such horse or horses, shall pay to the party injuryed as aforesaid, and that shall make sufficient proofe of the same, the sum | |
| Various Readings | |
| (a) The word 'present' omitted in Ch. City & P. Rand. MSS. but inserted in Northb. MS. | |
| (b) 'Or' in Ch. City and P. Rand. MSS. 'and' in Northb. MS. |
| of two hundred pounds of tobacco and casque, for the first trespass, and for such horse or horses second trespass proved as aforeaid, four hundred pounds of tobacco and casque, to be recovered by action of debt in any court of judicature within this colonie; and if any horse or horses shall (c) the third time commit any mischeife, it shall and may be lawfull for any person or persons injured thereby as aforesaid, and haveing sufficient proofe thereof, to kill and distroy any such horse or horses, either by gunn or other waies; alwaise provided that every owner or owners of any orchard or fruit trees intending to take the benefitt of this act shall from time to time, and at all times, after the said first day of October next, well and sufficiently fence and encloase such orchard or fruit trees with a good strong and substantiall ffence four foot and an halfe high at the least. | For the 1st offence of breaking into orchards and breaking fruit trees the owner to pay 200 lbs. of tobacco; and 400 lbs. of tobacco for 2d offence; and for 3d offence may kill the hors. Provided that the orchards be well inclosed with a fence 4 and ½ feet high. |
| Provided alwaies, and it is the true intent and meaning of this act, that the penalty of one hundred pounds of tobacco imposed upon the owners of such horses, mares, colts &c. as shall be found running at large and without fenced grounds shall be understood, deemed and taken to extend to the owners of such horses, mares and colts only as are notoriously known to be barkers and destroyers of fruite trees intended to be prevented by this act, and which may be proved such by sufficient witnesses, altho' not taken in the actuall doing thereof and to noe other, any thing in this act heretofore contained to the contrary notwithstanding. | And provided that the horse be notoriously a barker of fruit trees. |
 ACT XI. | |
| An act for the more effectuall suppressing the severall sins and offences of swaring, cursing, profaineing Gods holy name, Sabbath abuseing, drunkenness, ffornication, and adultery. | Edi. 1733 and 1752. |
| WHEREAS notwithstanding the many good laws before this time made and
still in force prohibiting swearing, curseing, prophaneing Gods holy name, |
Preamble, reciting former laws against swearing, cursing and profaneness. |
| Various Readings | |
| (c) The word 'be' inserted in P. Rand. MS. but not in Northb. or Ch. City MSS. |
| Sabbath abuseing, drunkenness, fornication and adultery, perticularly the 13th act of assembly, entituled, Church wardens to make presentments, the 9th act of assembly entituled, Sundays not to be prophained, with severall other acts against (a) the aforesaid crimes and vices, partly for want of due observation of the same laws, have not produced the desired effect, and partly for the imperfection that is found and doth appeare in them in not directing what method shall be followed to bring the offenders to condign punishment, and for want of sufficient penalties being appointed in the said lawes; and as the said acts and statutes were at the time of makeing them, thought to be very good and beneficiall to the commonwealth (as all of them yet are) so as (b) if the substance of as many of the said lawes as are necessary to be continued, shall be digested and reduced into one sole law and statute, and in the same a method prescribed for the punishment of offenders with an account of what penalties the offenders therein shall incur, there is good hope that it will come to pass that the same law, being duly executed, will suppress the aforementioned vices, reforme our lives, and be a means that the blessings of Almighty God be showred down upon us; forasmuch therefore as all swareing, curseing and prophaining Gods holy name, is forbidden by the word of God, Bee it enacted by their majesties leiutenant governour, councell and burgesses of this present general assembly, and the authority thereof, and it is hereby enacted That no person or persons whatsoever shall from henceforth swear, curse, or prophaine Gods holy name, and if any person or persons shall offend herein, and shall thereof be convicted by the oath of two witnesses, or by confession of the party, then every such offender shall for every time soe offending, forfeit and pay the summ of one shilling; and forasmuch as nothing is more acceptable to God then the true and sincere service and worship of him according | Fine of 1 shilling imposed for every offence of swearing,
cursing, or profaning God's holy name. |
| Various Readings | |
| (a) The word 'against' omitted in P. Rand. MS. but inserted in Ch. City and Northb. MSS. | |
| (b) The word 'as' omitted in Ch. City and P. Rand. MSS. but inserted in Northb. MS. |
| to his holy will, and that the holy keeping of the Lords day is a principall part of the true service of God, which in very many places of this dominion hath been, and is now prophained and neglected, by a disorderly sort of people, Bee it enhanced by their majesties leiutenant Governour, Councell and Burgesses of this present General Assembly, and the authority thereof, and it is hereby enacted, That there shall be no meetings, assemblies, or concourse of people out of their own parishes on the Lords day, and that no person or persons whatsoever shall travell upon the said day, and that no other thing or matter whatsoever be done on that day which tends to the prophanation of the same, but that the same be kept holy in all respects upon pain that every person and persons so offending and being convicted as aforesaid shall loose and forfeit twenty shillings. | Lord's day to be kept holy; no meetings, assemblies, or concourse of people out of their own parishes, or travelling permitted on the Sabbath, under penalty of 20 shillings. |
| And whereas that loathsom and odious sin of drunkenness is of too common use within this dominion, being the root and foundation of many other enormous sins, as blood shed, stobbing, murther, swearing, fornication, adultery and such like, to the great dishonor of God and of this dominion, the overthrow of many good acts and manuall trades, the disableing of divers workmen, and the generall impoverishing of many of their majesties good subjects, abusively wasting the good creatures of God. Bee it enacted by their majesties leiutenant governour, councell and burgesses of this generall assembly, and the authority thereof, and it is hereby enacted, That all and every person and persons who shall from henceforth be drunk, and of the same offence of drunkenness be lawfully convicted as aforesaid shall for every such offence forfeit and pay ten shillings, and if the offender or offenders of any, or of all the aforesaid vices or crimes be not able to pay the said fines and forfeitures aforementioned, then every offender or offenders therein, shall be committed to the stocks for every offence, there to be and remaine for the space of three full hours; and whereas fornication and adultery are two filthy and greivous sins and offences as well against the law of God, as of the law of man, Bee it enacted by their majesties leiutenant governour, councill and burgesses of this generall assembly and the authority hereof, and it is hereby enacted, That | Fine of 10 shillings for gett'g
drunk. Persons unable to pay the above fines, to be committed to the stocks 3 hours. |
| ever person and persons committing fornication, and being convicted as aforesaid, shall for every time so offending forfeit and pay the summ of ten pounds sterling, and that every person and persons committing adultery, and being convicted as aforesaid, shall for every time so offending forfeit and pay the sume of twenty pounds sterling, and if the offender or offenders of any of the aforesaid two sins and offences of fornication and adultery be not able to pay the fines and forfeitures for the said offences mentioned, then every offender and offenders therein shall for every time so offending receive on his, her, or their, bare backs, thirty lashes well laid on, or three moneths imprisonment without bail or maineprise; and whereas many inhabitants of this countrey of dissolute and ill lives and conversations entertain many times in their houses women of ill names and reputation, suspected of incontenency or by other indirect meanes provide for the maintenance of such women whose company they frequent, Bee it enacted by their majesties leiutenant governour, councell and burgesses of this generall assembly and the authority thereof, and it is hereby enacted, That every person and persons who shall so harbour, entertaine or provide for the maintenance of such women or women, or frequent her or their company, or the company of any other lewd,* after publique admonition to avoid the same, given by the minister and Church wardens, by and with the consent of the vestrey and vestryes of the parish or parishes wherein such person or persons shall dwel, and in case there be no minister then the Church wardens of the same, by the consent aforesaid, shall forfeit and pay for every time it shall be proved, that he or they have been in company of such woman or women after such admonition as aforesaid, as if he or they had really been convicted of adultery, and every woman or women guilty of the same offence shall receive the like punishment. And be it enacted by the authority aforesaid, and it is hereby enacted, That the grand juries of every respective county within this dominion do twice yearly make presentments against the offenders of this law, to the court of the county where the offence shall be committed, and that the justices of | Person committing fornication, to pay a fine of 10l.
sterling and adultery, 20l. sterling; and if the offenders be unable to pay, to receive
thirty lashes, or be imprisoned 3 months. Persons frequenting the company of a lewd woman, or entertaining her in his house after being admonished by the minister and church wardens with the consent of the vestry, to be punished as for adultery. Grand juries to present offences under this law. |
| * The word 'woman' seems to be wanting in the MSS. |
| the same punish the offenders according to this act, all which said forfeiture shall be divided into three equall partes, one third thereof towards the building and repairing the Church or Chappel of ease in the parish where the said offence shall be committed one third towards the maintenance of the minister of the same, and the other third for him or them that will sue or informe for the same by bill, plaint, or information, or action of debt in any court of record within this dominion, in which no essoign, protection or wager of law shall be allowed. | Fines how appropriated. |
ACT XII. | |
| An act declareing the dutie of Tanners, Curriers (a) and Shoemakers. | Edit. 1752. |
| FORASMUCH as divers and sundry deceits and abuses have been hitherto committed, and daily are committed and practised by the Tanners, curriers, and workers of leather of this their majesties colony and dominion of Virginia, to the great injury and damage of the inhabitants thereof, for prevention of which for the future, Bee it enacted by the lieutenant governour, councell and burgesses of this present generall assembly, and by the authority thereof, and it is hereby enacted, That from and after the 29th day of March next comeing, no person or persons whatsoever, which shall after the said 29th of March, occupy or use by him or themselves, or by any other person or persons, the craft or mistery of tanning of leather, shall suffer any hyde or skin to lie in the limes till the same be over limed, nor shall put any hide or skins into any tanfattes before the lime be well and perfectly sokened and wrought out of them, and every of them, nor shall after the said 29th day of March, put to sale any tann'd hydes or skins but such as shall be first viewed, approved, and sealed by the viewers hereafter in this act appointed, upon forfeiture of such hydes, skin, or leather so offered or put to sale. | Edit. 1733. Preamble. Duty of tan'rs in liming their hides. |
| (a) The word 'curriers' omitted in P. Rad. MS. but inserted in Northb. MS |
| And forasmuch as no leather can be so well tann'd but it may be marred and spoyled in the curring. Bee it therefore enacted by the authority aforesaid, and it is hereby enacted, that from and after the said 29th day of March next comeing, no person or persons shall curry any kind of leather except it be well and perfectly tann'd, nor shall after the said 29th day of March next, curry any hyde or skin being not thoroughly dry, after his wett season, with any other than good stuff, nor with less of that, then the leather will receive, nor shall curry any kind of leather meet for overleather and inner soales but with good and sufficient stuffe, being fresh and not salt, upon pain of forfeiture for every such offence ten shillings to the owner of each hyde or skin so damnified. And be it further enacted by the authority aforesaid, and it is hereby enacted, that the court of each respective county for the time being shall appoint one or more fitt person or persons, from time to time, to search and try all such curryed leather, and shall with a seale therefore to be prepaired with convenient speed, after currying, and request made, scale such leather as they shall find sufficiently curryed, takeing for every hyde so sealed after the rate of two shillings and six pence for the dicker of tenn hides, and for every six dosen of calves skins, two shillings and six pence and nor more, to be paid by the owner of the said hyde or skins; and forasmuch as leather well tann'd and Carryed may by the negligence deceit, or evill workmanship of the cordwainer or shoemaker be used deceitfully to the hurt of the occupier or wearer thereof, Bee it therefore enacted by the authority aforesaid, and it is hereby enacted, That no person or persons which after the said 29th day of March next comeing shall occupy the mistry or occupation of a cordwainer or shoemaker, shall make, or cause to be made, any boots, shoes, slippers, or any part of them of Virginia leather not carryed other than deere skins, calfe skins, or goat skins made and dressed, or to be made and dressed like unto Spanish leather, but of leather well and truly tann'd and curryed in manner and form aforesaid, or of leather well and truly tann'd only, and well and substantially sewed with good thread well twisted and made and sufficiently waxed with wax well rosined, and the stitches hard drawn with handleathers. | Duty of curriers prescribed. Persons to be appointed by every court to examine wnd seal leather after it is curried. Their fees for a dicker or ten hides. for six dozen calves skins. Cordwa'ners or shoemakers not to work up any leather but such as is well curried and dressed; and shall use good thread well twisted and waxed. |
| And bee it further enacted by the authority aforesaid, and it is hereby enacted, That the justices of each respective county within this colony shall appoint and swear yearly one or more person of the most honest and skilfull men within their counties to search and view within the precincts of their said offices, which shall as often as they shall think good, or need shall be, make like search within their limits, and shall have a mark or seale prepaired for that purpose, and that the said searchers or one of them shall keep the same seale, or marke, and with the same shall seal and marke such leather as they shall find sufficient, and not [no] other. | Searchers to be appointed to seal leather well tanned. |
| And if the said searchers, or any of them do find any leather sold or offered to be sold which shall be tann'd, wrought, converted, or used, contrary to the true intent and meaning of this act, or any leather insufficiently curryed, or any boots, shoes, bridles, or any other thing made of tann'd or curryed leather, insufficiently tann'd curryed, or wrought, contrary to any provision in this present act, it shall be lawfull to the said searchers or any of them to seize all such leather, shoes, or other ware made of leather, and to retaine the same in their custody untill such time as the same shall be tryed by such tryers and in such manner and forme as is hereafter in this act appointed. | Their duty to seize all leather not well tanned or curried, or boots, shoes, &c. made of such. |
| And bee it further enacted by the authority aforesaid, and it is hereby enacted, That the justices of each respective county within whose precincts any such seisure of any kind of tann'd leather, red or curryed, or of any shoes, boots, or other wares, made of tann'd leather shall happen to be, shall with all convenient speed, after notice unto them given, of any such seisure appoint six honest and expert men to try whether the same leather, boots, shoes, or other wares, so seized be sufficient and according to the true intent of this act or not, the same tryall to be made openly upon the next court day after such seisure. | Six persons to be appointed, by the justices to examine the
leather, boots, &c. seized. Examination to be made openly on next court day. |
| And bee it enacted, by the authority aforesaid, and it is hereby enacted, That each of the said persons so elected and appointed for the tryall of the said leather, shoes, boots, and other wares, made of tann'd leather, so to be seised as aforesaid, shall proceed and doe their duties therein without delay, according to the true intent and meaning of this present act, upon paine | Examiners liable to fines for failing to do their duty. |
| that every of them makeing default therein, shall be fined at the discretion of the court of the said county. And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any searcher or sealer or leather shall refuse with convenient speed to seale any leather sufficiently tann'd, wrought or used according to the true intent and (a) meaning of this present act, that then every such searcher or sealer shall forfeit for every such offence forty shillings; and further that if any searcher of leather shall receive any bribe, or exact any other fee for the execution of his said office, then is by this present law limited for the searching and sealing of leather, then every such searcher or sealer, so offending, shall forfeit for every such offence twenty pounds sterling, and that if any person or persons duly elected according to the true meaning of this present act, to and for the execution of the said office of searching or sealeing of leather, refuse to execute the said office, that then the person or persons so refuseing shall forfeit and pay five pounds sterling. | Penalty, on searchers and sealers, failing to do their duty. For receiving a bribe or exacting more than legal fees. |
| And bee it further enacted by the authority aforesaid, and it is hereby enacted, That if any person will, after the said 29th of March next comeing, wilfully withstand any such search to be made according to the tenor of this act, as is aforesaid, or will not suffer the said tryers and searchers so appointed to enter into his or their house, or houses, or other places, to view and search, at their will and pleasure, all manner of tann'd leather, and all manner of shoes, boots, males saddles, and all manner of wares wrought and made, of to be wrought and made of leather, and to seize and carry away all such leather, shoes and ware as they shall find insufficiently tanned, curried or wrought, or (b) made of ill stuffe, that then all and every such person and persons so denying and withstanding, and not suffering the | Penalty for resisting searchers and sealers in the execution of their office. |
| Various Readings | |
| (a) The words 'intent and' omitted in P. Rand. MS. but inserted in Ch. City and Northb. MSS. | |
| (b) The words 'or to be wrought and made of leather, and to seize and carry away all such leather, shoes and ware as they shall find insufficiently tanned, curried, or wrought, or' omitted in Northb. MS. but inserted in Ch. City and P. Rand. MSS. |
| said tryers and searches, or any of them so appointed for the time being, to enter and make search and seise as is aforesaid, shall loose and forfeit for every time so denying and withstanding five pounds sterling. | |
| And bee it further enacted by the authority aforesaid, (a) and it is hereby enacted, That it shall not be lawfull for any person or persons to buy, sell, or exchange any tann'd leather, before the same shall be searched and sealed, upon pain to forfeit the said leather and the value thereof so bought, sold or exchanged and not searched and sealed. | For selling or exchanging tan'd leather before it is searched and sealed. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any curryer after the said 29th day of March next comeing, doe curry any leather insufficiently tann'd, or after the said 29th day of March, do not curry such leather as he doth substantially and well, according to the meaning and purport of this act, or if any shoemaker, cordwainer or cobler, after the said 29th day of March, put any tann'd leather into any shoes, boots, slippers, or other things made of tan'd leather, which shall not be well and perfectly tann'd according to the purport and true meaning of this act, or after the said 29th day of March, doe put any curred leather into any boots, shoes or slippers, or other things, made of leather which shall not be well and sufficiently tann'd and curryed, and also sealed as is aforesaid, or doe make boots, shoes, slippers, or other things, made of tann'd leather, in any other manner then is above specified or ordained, or if any shoemaker, sadler, or other artificer useing, cutting or workeing of leather, doe make any wares of any tann'd leather insufficiently tann'd and curryed as is aforesaid, or do not make their wares belonging to their severall occupations sufficiently and substantially, that then every person so offending shall forfeit for every such severall offence or default, the said wares and just vallue thereof, all which paines, penalties and forfeitures aforesaid of sums of money aforesaid shall be divided | Penalties on curriers, cord wainers or
shoemakers and cobblers, for violations of this act. Fines, how appropriated. |
| Various Readings | |
| (a) The word 'aforesaid' omitted in P. Rand. MS. but inserted in Ch. City and Northb. MSS. |
| into three equall parts, one part whereof shall be to our Soveraign Lord and Lady the King and Queen, their heires and successors towards the better support of the government of this their majesties colony and dominion of Virginia, and the contingent charges thereof, and another part to him or them that shall first sue for the same in any court of the record within this colony, by action of debt, bill, plaint, or information, or otherwise, in which suit no essoigne, protection or wager of law shall be admitted or allowed, and the other third part thereof shall be disposed by the court of such county where the offence shall be committed towards the building, erecting and supporting an house of correction, and all such leather, shoes, boots, slippers, wares, stuffe or other thing whatsoever made of tann'd leather or curryed leather, which shall be seized by virtue of this act, and shall be found by the tryers to be appointed as aforesaid to be insufficient, shall be forfeited and distributed as hereafter followeth, that is to say, such leather or stuffe so seised to be brought to the court house of the county, where such seizure shall be made, there to be appraized by indifferent persons, and the value thereof to be divided into three parts, whereof one to be to their majesties, their heires and successors towards the better support of the government and the contingent charges thereof, and another part to the first seizor or seizors of the said unlawfull stuffe, and another part to be disposed of by the court of such county where such seisure shall be made, towards the building, erecting and supporting an house of correction. | Such leather, shoes, &c. to be seized, and carried to the court-house. How distributed. |
| And for the avoyding of all ambiguities and doubts, which may and doe grown and arise upon the difinition and interpretation of this word leather, Be it enacted and declared, that the hydes and skinns of oxe, steer, bull, cow, calfe, deer, goats and sheep being tann'd shall be, and ever hath been reputed and taken leather. | What shall be deemed leather. |
| ACT XIII. | |
| And act enjoyning the planting and dressing of Flax and Hemp. | Edi. 1733 and 1752. |
| FORASMUCH as for some time past the inhabitants of this country have suffered great want of lynnen by reason of the warrs, and to the end the same may be endeavoured to be prevented, Be it enacted by their majesties leiutenant governor, councill and burgesses of this general assembly, and the authority thereof, and it is hereby enacted, That every tytheable person within this countrey, doe make or cause to be made, one pound of drest flax or one pound of drest hemp, or two pounds of either, by the last day of October, which shall be in the yeare 1692, and so yearely and every year after the said last day of October, upon penalty of forfeiting for every pound of flax or hemp neglected to be made as aforesaid, the sum of sixty pounds of tobaccoe to be paid by the master, owner or overseer of any family or company of servants, or by any free tythable deficient as aforesaid; and for the better discovery of any such deficiency Be 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 all and every master, owner or overseer, or free tytheable as aforesaid makeing such quantity, as by this act is enjoyned, shall carry the same to the next justice of the peace of the county where he resides, and make oath or other sufficient proofe, that the same is of his or their owne growth, of which the said justice is hereby enjoyned to grant such person certificate, which he shall produce to the next court held for that county, and that all persons neglecting to obtaine such certificate as aforesaid, shall be adjudged, deemed and held to have made breach of this law, and to be proceeded against accordingly, the one third parte of such fines and forfeitures to be to our Soveraign Lord and lady the King and Queen, their heires and successors for and towards the better support of this their majesties dominion of Virginia and the contingent charges thereof, one other third part to him or them that will informe of and sue for the same in any court of record within | Preamble. Proportion of dressed flax and hemp to be made by each tythable. Penalty for neglect. Certificate of the making, how to be obtained. Fines, how appropriated. |
| his colony by action of debt, byll, plaint or information, and the other third part to
the sue of that county where the same shall be forfeited. This act to continue in force for three yeares from and after the said last day of October, anno 1692. |
| Pages 53-69
| Pages 82-97
|