Pages 137-153  ======   ======  Pages 168-185

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153

LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
ACT XII.
An act for regulating and ascertaining county court clerk fees. Edi. 1733 and 1752.
      WHEREAS the fees of county court clerkes are att present scattered and dispersed in the body of the laws of this country for the true knowledge whereof as there hath been occation from time to time all and every person or persons therein concerned have been necessitated not only to search and look into the seaverall acts of assembly relateing thereto in particular, but also into many clauses and branches of other acts, wherein some particular fee or fees are appointed, and whereas through a miscontruction of what the lawes relateing to county court clerks fees do really intend, or an avaritious humor, them thereunto moveing, diverse clerks of county courts have for some time past charged, demanded and taken and do still continue to charge demand and take sundry unreasonable fees, for prevention of the like exactions for the future and for regulateing and ascertaining fees to county court clerks, Preamble.
      Bee it enacted by the Governour, Councell and Burgesses of this present Generall Assembly, and the authority thereof, and it is hereby enacted, That so much and such

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
a part of all and every act and acts, law and laws heretofore made, and of every clause, article and paragraph of any act or acts, law or lawes, whereby any fee or fees are appointed, given and allowed t clerks of county courts for any matter, business or things by them or any of them done, be from and after the last day of November next repealed and made void, and that they and every of them and every clause, article and paragraph therein contained, so farr as the same any way relate to or concerne such fee or fees, do from the last of November stand repealed null and voyd to all intents and purposes, as if such law or lawes, act or acts, clauses, articles and paragraphs had never been made constituted and ordained.       All former laws relating to fees of clerks of county courts, repealed.
      And be it enacted by the authority aforesaid, and it is hereby enacted, That from and after the said last day of November next it shall and may be lawfull for all and every county court clerk or clerks of this his majesties collony and dominion to charge, demand and take for any business matter or thing by the said county court clerk or clerks or any of them done and performed, after the said last day of November all and every such fee and fees, as by this act are hereafter mentioned declared and sett down to the fee or fees for such business, matter or thing, and that no other or greater fee or fees bee by any county court clerk or clerks after the said last day of November next, upon any pretence whatsoever charged, demanded or taken, for any business matter or thing by them or any of them done and performed as clerk of a county court, then whatt in this act are specially declared, mentioned and sett down and to be the fee or fees for such business matter or thing, under the paine of forfeiting and paying for the same such penalty and forfeiture as hereafter in this act is made and provided. And for the good encouragement of good and able clerks.
      What fees may be demanded, after the last day of November 1696.









For the encouragement of good and able clerks.
      Bee it enacted by the authority aforesaid, and it is hereby enacted, That the clerke of the county courts fees be as in the following table:
For an action and proseedings thereupon: Action Tob.
8
If no further proceeding in the said action, then
      for entry order for dissmissment 		4
Butt if the action be further proceeded in, then for
      action 		8

Table of fees.

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155

LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
Ffor declaration or petition if it be written by the
      clerk 		10
If not written by the clerk 5
Ffor entry of the petition or declaration 3
For endorsing and fileing of the petition or
      declaration both 		3
Ffor entry of the order 8
And if the action be continued to another court,
      then for returning refference upon the docquett 		5
For entring the order of that court 8
Ffor endorsing the courts order upon the declaration
      or plea as the case is 		3 [4]
And for every court the said action shall be
      continued called and an order made therein ffor
      returning upon the docquett 		5
For entring the order 8
Ffor endorsing the order upon the declaration or
      plea 		3
And if in tryall of the action any evidences made
      use of, then ffor every oath taken in court viva
      voce or for the oath of plaintiff or defendant 		3
Ffor entring the supbœna of every evidence 10
And if a deposition be taken in writing if the clerk
      write it for that deposition no more than 		10
And if the clerk do not write it, then 5
For endorsing and fileing that deposition both 3
And if the party require the deposition to be
      recorded, ffor recording the said deposition but
      not otherwayes 		10
And if any pleas, replications, rejoynders,
      surrejoynders, rebutters, surrebutters be made in
      writing for every such plea, replication, rejoynder
      and surrejoynder, rebuter and surrebutter
      if the same be writt by the clerke 		10
If not writ by the clerke 5
For entring each of the same 3
For endoring and filing each of the same(a) 3
And if a jury be made use of in the action ffor
      recording the pannell of the jury and their oath no
      more butt 		10
Various Readings
      (a) The words "for endorsing and filing each of the same," omitted in Northb. MS. but inserted in Ch. Cit. and P. Rand. MSS.

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
For recording the verdict of the jury 10
And if in the action there be a survey of land, for
      recording the report of the surveyor and for
      endorsing and fileing the same 		20
Ffor recording the report of the jury indorsing
      and fileing 		20
And if in the action there be a report of auditors
      for recording the report of the auditors and for
      endorsing and fileing the same 		20
And for all papers made use of in tryall of the action,
      as bill, bond, account &c. which are filed
      with the declaration for endorseing and fileing
      each paper 		8
And if upon a judgement given there bee an
      appeall to gennerall court for order and copy
      of the appeall 		16
For order and coppy of the security 16
For the bond 10
For recording the bond where it is desired and
      not otherwayes 		10
For recording acknowledgment of the bond if
      desired and not otherwayes 		10
For returning the appeale and security to the
      secretaries office 		30
And if upon an appeale any clerk returne to the
      secretaries office any more of the proceedings of
      the county court, as coppies of orders declarations
      or pleadings, then the judgment from which
      the appeale is made he shall demand noe fee for
      the same, but if plaintiff or defendant demand
      any coppies for their particular use the clerk
      shall have for them according as is sett down in
      this act. And if either plaintiff or defendant in
      the tryall of an action imploy one or more atturney
      or atturneys, then ffor entering every such
      atturney upon the dockett once for one cause
      and noe more 		5
And if a warrant of an atturney be in writing,
      then for the said warrant recording 		10
For endorseing and fileing the warrant both 3
And if an execution had upon a judgement for
      execution 		15
For entring the time of issuing the execution in
      the margent of the record 		3

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
For recording the returne on the execution 10
Although not returned because it is the sheriffs or
      parties duty to make returne.
Ffor an attachment and proceedings therein more
      then there is in an action. If upon an action
      brought on attachment be granted the fees of the
      action to bee in all points as is before sett down
      for the action and besides that, if the order for
      an attachment bee proceeded in, ffor a coppy of
      the order 		8
For the attachment thereupon 15
And if the next court the attachment be returned
      executed but not else for returning the
      attachment 		5
For recording the returne 20
For endorsing and fileing the attachment both 3
And if an apprisement be ordered for order and
      coppy appoynting appraisers and justices to
      swear them 		16
For recording the appraisers report 20
For endorsing and fileing the same both 3
And if an attachment be granted by a justice of the
      peace and is returned executed to court, ffor
      entring the attachment upon the dockett 		5
Ffor the petition or declaration if writ by the
      clerk 		10
If not writ by the clerk 10
For endorsing and fileing the petition both 3
For entring the petition 3
For recording the returne of the attachment 20
Ffor endorsing and fileing the attachment both 3
For entering judgement 8
And so on as in other attachments for appraisments
      &c. if any, and for continuance from court to
      court as for like continuance upon actions ffor a
      suit in chancery the fees to bee in all points as is
      sett down for the action except that for a bill in
      chancery writt as ordinary declarations and on
      one side of the sheet 		20
And if otherwayes every side of a sheet except the
      first which is twenty 		10
Ffor petitions complaints in writing or informations
      except of cunstables, surveyors of the highwayes,
      grand jury men and others which relate
      to the county service, if a petition, complaint or

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158

LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
      information for or concerning any matter or thing,
      ffor a petition if writ by the clerk 		10
If not writ by the clerk 5
Entry of the petition (a) 3
Endorsing and if fileing the petition both 3
For entring order thereuppon 8
And if the said petition be referred to another court
      then the charge for returning and other proceedings
      thereupon he court to court as for the
      actions, ffor a scire facias 		10
And all other proceedings thereupon as for an
      action
Deeds and Conveyances.
And if a deed be acknowledged for lands, for the
      order 		8
For recording the deed 30
For acknowledgment, recording the acknowledgment
      (b) and endorsing the same upon the deed 		25
And if the deeds be lease and release acknowledged,
      for the order for recording deeds 		8
For recording a lease 30
For acknowledgment, recording acknowledgment
      and endorsing the acknowledgment upon lease 		25
For recording release 30
For acknowledgment and recording acknowledgment
      and endorsing acknowledgment upon
      release 		25
And if a bond for performance of covenants
      acknowledged, for order for recording bond 		8
For recording bond 20
For recording acknowledgment bond and endorsing
      acknowledgement upon bond 		10
And if a deed be for a personall matter
      acknowledged, for order 		8
For recording the deed 20
For acknowledgment recording acknowledgment
      and endorsing the acknowledgment upon the
      deed 		10
Various Readings
      (a) The words "Entry of the petition 3" omitted in P. Rand. MS. but inserted in Ch. Cit. and Northb. MSS.
      (b) The words "recording the acknowledgment" omitted in Northb. MS. but inserted in Ch. Cit. MS.

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
And for relinquishment of dower, order 8
Recording of relinquishment of dower 20
Letters of Atturney and other Deeds proved.
Ffor proveing and recording letter of Atturney or
      deed whether the same be done by one, two or
      any more witnesses and for all fees incident
      thereunto 		40
Probates
Ffor probate of a Will and for all fees incident
      thereunto if the estate exceed not five pounds (a)
      or one thousand pounds of tobacco upon lawfull
      appraisment 		50
For such probate and all fees incident thereunto
      if the estate exceed (b) five pounds or one thousand
      pounds of tobacco, and be not above fifty
      pounds or ten thousand pounds of tobacco upon
      lawfull appraisment 		150
For such probate and all fees incident thereunto,
      if the estate exceed fifty pounds, or ten thousand
      pounds of tobacco, upon lawfull appraisment 		250 (c)
And for every probate and all fees incident thereunto,
      where the executor doth not within fower
      monthes after the probate bring in an inventory
      valuation of his testators estate 		250
Administrations
For a comission of administration upon an estate
      not exceeding the value of five pounds or one
      thousand pounds of tobacco upon a lawfull
      appraisment and for all fees incident thereunto 		50
Ffor a comission of administration and for all fees
      incident thereunto, if the estate exceed five
      pounds or one thousand pounds of tobacco upon
      lawfull appraisement and do not exceed fifty
      pounds or ten thousand pounds of tobacco 		150
Ffor a comission of administration and for all fees
      incident thereunto if the estate exceed fifty
Various Readings
      (a) The word "pounds" omitted in Northb. MS. but inserted in Ch. Cit. and P. Rand. MSS.
      (b) The word "exceed" omitted in Northb. MS. but inserted in Ch. Cit. and P. Rand. MSS.
      (c) This clause omitted in Northb. MS. but inserted in Ch. Cit. and P. Rand. MSS.

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
pounds or ten thousand pounds of tobacco upon
      lawfull appraisment 		250
Administrations with the Will annexed.
Ffor a comission of administration with the Will
      anexed, and for all fees incident thereunto, if
      the estate exceed not five pounds or one thousand
      pounds of tobacco upon lawfull appraisment 		50
Ffor such comission of administration with the Will
      anexed, and for all fees incident thereunto, if the
      estate exceed five pounds or one thousand pounds
      of tobacco and doe not exceed fifty pounds or
      ten thousand pounds of tobacco, upon lawfull
      appraisment 		200
Ffor a codicill proveing recording and all other
      fees relateing to it upon any estate 		50
Ffor such comission of administration with Will
      anexed, and for all fees incident thereunto, if
      the estate exceed fifty pounds or ten thousand
      pounds of tobacco upon lawfull appraisment 		300
Ffor a marriage lycense and all fees incident to it 50
Ffor proveing of rights for land certificate issuing
      certificate and all fees incident, if under the
      number of ten 		18
If above the number of ten and under twenty 23
If above the number of twenty 33
For a bill of costs 3
Ffor a coppy of the laws of every assembly if
      required by the justices or any other person 		150
Ffor a coppy of an inventory, or inventory and
      appraisment 		30
Ffor a coppy of a Will and certificate of probate
      thereupon 		30
Ffor a coppy of an order of court 8
Ffor a coppy of a deed for land and certificate of
      the acknowledgement 		30
Ffor a copy of a petition, plea, replication &c.
      each 		10
And for all other coppies not in this table
      enumerated so much as is given by this act for
      entring or recording the thing
And if a coppy be required of any thing above a
      year old, ffor the search besides paying for
      the coppy 		5

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
And if noe coppy be had or the thing be not to be
      found, then onely for the search
If a servant be brought to bee judged, for recording
      his age and the order of court 		18
And for a coppy of the same 5
For recording acknowledgment, satisfaction of a
      judgment 		15
For a caveatt 5
Ffor a didimus 25
Ffor attendance att a didimus and all fees incident
      as subpœnas, takeing dispositions, &c. if required
      to attend 		100
Ffor attending att appraisment, outcryes, or in
      takeing inventory if the clerk be required to
      give his attendance but not else for every dayes
      attendance 		100
Ffor a certificate of a publick claime above the value
      of one hundred pounds of tobacco, except for
      takeing up a runnaway to be paid by the country 		20
And if it bee a runnaway certificate, the party to pay 20
Ffor a certificate of any other nature 10
If upon the motion of any other person any paper
      or papers be desired to be recorded, order for
      recording 		8
And for each paper recorded 20
Ffor publishing any persons departure att the court-
      house door giveing a certificate to the secretary as
      usuall for a pass and all other fees incident 		18
Ffor a private courts attendance, except orphanes
      courts 		200
      And because the clerk of every county court annually makes entries and issues coppies for surveyors of the highwayes, constables and grand jurymen, and for takeing lyst of tithables for binding out of poor orphanes and chuseing guardians, and does extraordinary service for the county whereof he is clerke for which it is impossible for a law to ascertain the true fees being more or less as occation is,
      Bee it therefore enacted by the authority aforesaid, and it is hereby enacted, That in consideration of all such services the severall county courts bee and they are hereby respectively impowered and required att

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162

LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
the laying of the county levy in each year, to raise assess and proportion in the said levy to the clerke of their respective court the sume of one thousand pounds of tobacco and casque, and noe more, any law, usage or custome to the contrary notwithstanding. Allowance to the clerks for public services.
      And be it further enacted by the authority aforesaid, and it is hereby enacted, That noe county court clerke or clerks charge or demand any fee for the coppy of any order of court or other record, unless such coppy be required and had of him, and also that it shall and may be lawfull for the clerk of the county court, if he be in court required by any person to shew forth an order of court or other record in the bookes which such person for his advantage and benefitt in the tryall of his cause desires may be read, to charge and demand for the same as much as the same fee, as if the said clerk had really given a written coppy of the said order or record.       Clerks not to charge for copies, unless required & had.


      The same fee for shewing an order or record, upon a trial, as for a copy.
      And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any business, matter or thing be from and after the last day of November next done and performed by any county court clerk as clerk of the county courts for which there is no fee ascertained, mentioned or declared in the before recited tables of fees such county court clerke or clerkes shall charge and demand no fee or fees for the same. And if any county court clerke or clerks shall after the said last day of November next, charge or exact, demand or take any fee or fees for any business, matter or thing by him or them done and performed as clerke of the county court, for which there is noe fee ascertained, expressed or declared in the abovesaid table of fees in this act, or shall charge, demand, or take any more or greater fee or fees, for any business matter, or any thing by him or them done, after the said last of November next then by this act is appointed, allowed and given, or shall in makeing up the costs of an action, suit in chancery, attachment or any thing else, in the aforesaid table of fees, mentioned and expressed, advance multiply and augment, the bill of costs in or after any other method or way, then is in this act prescribed, directed and laid downe, such county court clerke or clerkes shall for every offence in all or any of the premissed cases, forfeit and pay the sume of two
No fees to be taken, unless specified in the foregoing table.




      Penalty for breach of this law.

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
thousand pounds of tobacco, one moyety to the kings most excellent majesty, his heirs and successors, towards the better support of this government and the contingent charges thereof, and the other moyety to the party injured to be recovered by action of debt, byll, plaint or information in any court of record in this dominion, in which noe essoign protection or wager of law shall bee allowed. Provided allwayes, and it is the true intent and meaning of this act that all and every person and persons claiming the forfeiture or penalty of this act against any county court clerke or clerkes for exorbitant, unjust and wrongfull fee or fees, shall bring his suit or information for the same within eighteen monthes, after cause of action doth arrise or bee totally barred. Limitation of prosecution.


      And be it further enacted by the authority aforesaid, and it is hereby enacted, That all and every county court clerkes account or accounts of clerkes fees shall be pleadable three yeares from and after the time the said account or accounts are made and bear date but noe longer, and that if within the said three years any account or accounts of a county court clerkes fees, be exhibited for payment by the sheriff of the county or his deputy may be lawfully demand and make distress for levies, and the person or persons to whome such account or accounts are exhibited for payment, doe refuse to pay and satisfie the same and shall and may be lawfull for the said sherriffe or his deputy and either of them to make distress for the same. And in case the said sherriff or his deputy doe not accordingly make distress, where such account or accounts are refused to be paid and satisfied and the person or persons from whome the said account or accounts are refused to be paid and satisfied and the person or persons from whome the said account or accounts are due and owing doe pay their quittrents and levies, and have besides a visible estate att the time of paying their quittrents and levies, which will satisfie the clerks account or accounts such sheriff or his deputy shall be answerable unto the clerke of the county court, for all and every such account or accounts, as if he had really received the same. Provided allwayes, that if the sheriff or his deputy doe make distress for want of tobacco to pay the clerkes fees in specie the clerke shall take such goods so distrained, and the sherriff not to be otherwayes liable to pay the clerkes fees. And to the end the table of fees in Clerk's fees may be distrained for, within three years, and not after.







When sheriff liable for.








Clerk bound to take the property distrained.

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
this act prescribed may be made publick and known as much as may bee to all persons,
      It is further enacted by the authority aforesaid, That every county court clerk doe write or cause to be written a fair coppy of the aforesaid table of fees and sett up or cause the same to be set up within two months after the publication of this act, in the court house of the county to which he is clerk, and that if any county court clerke faile therein, such county court clerke shall for such his failure and neglect forfeit and pay the sume of one thousand pounds of tobacco and casque, one moyety to the kings most excellent majesty, his heirs and successors, for and towards the better support of this government and the contingent charges thereof, and the other moyety to him or them that shall sue for the same by action of debt, byll, plaint or information, in any court of record in this dominion, wherein noe essoign protection or wager of law shall bee allowed.
Table of fees, to be set up, in office.




Penalty for neglect.
      And be it enacted, That this continue in force five yeares from and after the last day of November next, and from thence to the next session of assembly. Limitation of this act.
======

ACT XIII.
An act appointing Rangers att the heads of the fower great rivers. Edi. 1733 and 1752.
      [====== This act agrees verbatim, in all the MSS. with those which had been passed at each session, for several years, in succession, except that it contains no provision for the employment of Indians. It was limited in its operation to the last day of October, 1698.]
======

ACT XIV.
An act for raising a Publick Levy. Edi. 1733 and 1752.
      BE it enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the sume of sixteen pounds of tobacco be paid by every tithable person within his majesties collony and dominion of Virginia, for the defraying and payment of the publick charge of the country being the publick levy from the eighteenth Public levy, or taxes for 1696.

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LAWS OF VIRGINIA, SEPTEMBER 1696.−−−8th WILLIAM III.


   
day of Aprill 1695 to this present time, and that it be paid by the collectors of the seaverall counties to the seaverall persons to whome it is proportioned by this present generall assembly, and if it shall happen that there shall be any more tithables in any county then the present is laid on then such county to have credit for so much to the use of the county, and if there shall happen to be less in any county then such county shall bear the less.
A true copy,
Test, PETER BEVERLEY,           
Clerke of the House of Burgesses.      
Signed by SIR EDMUND ANDROS, Govr.            
ROBERT CARTER, Speaker.      
(Note to editions 1733 and 1752.)                 

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ATT A
Generall Assembly,

BEGUN ATT JAMES CITTY
THE 24th DAY OF SEPTEMBER IN THE EIGHTH YEAR
OF THE REIGN OF OUR SOVEREIGN LORD, WIL-
LIAM THE THIRD, BY THE GRACE OF GOD OF
ENGLAND, SCOTLAND, FRANCE AND IRE-
LAND, KING DEFENDER OF THE FAITH,
&c. ANNO. DOM. 1696,

 And thence continued by adjournment till the 21st
day of October in the ninth year of his majesties
reigne Annoque Dom. 1697.*

======

ACT I. 		Sir Edmund Andros, Govr.
An act for raising a Publick Levy. Edi. 1733 and 1752.
      BEE it enacted by the governour, councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the sume of sixteen pounds of tobacco be paid by every tithable person within this his majesties collony and dominion of Virginia for the defraying and payment of the public charge of the country being the publick levy from the 25th day of September 1696 to this present time, and that it be paid by the collectors of the seaverall counties Public levy, or taxes for 1697.
      * At the end of the acts of the last session, there are the following notes, in the editions of 1733, and 1752. −− MEMORANDUM, That this assembly was continued by several adjournments, to the 21st day of October 1697; and then met and passed only one act for raising a public levy, and was dissolved.
      MEMORANDUM, That a general assembly was begun and held at James City, the 28th day of September, in the tenth year of the reign of King William, anno. 1698; and continued to the 6th day of October following, William Randolph being speaker. And then the governor sent for the House of Burgesses, and told them he was concerned, upon the occasion of an act of parliament, to dissolve the assembly; and it was dissolved accordingly, without any business. Quere, What act of parliament was this!

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to the seaverall persons to whome it is proportioned by this generall assembly, and if it shall happen that there shall bee more tithables in any county then the present levy is laid on, then such county to have credit for so much to the use of the county, and if there shall happen to be less in any county, then such county to beare the loss. [====== Here the P. Rand. Rand. MS. ends.]
A true coppy,
Test, PETER BEVERLEY,           
Clerke of the House of Burgesses.      
======
Att a Generall Assembly begun at James Citty the 24th day of September 1696, and thence continued by adjournment till the 21st day of October 1697.
Northumberland county, Dr.
      To sallary 1425
      To 11 soldiers on
            Rappahanock
            river 		12079
      To 11 soldiers on
            Potomack river 		1576
  ======
15080
======
Ditto Dr.
      To Peter Beverly for
            a coppy of the law
            and proportion 		350
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      Contra Cr.
By 980 tithables
      at 16 per poll 		15680
By capt. Rod.
      Kenner for paid
      Nath. Carpinter
      for takeing up
      his servant Eliz.
      Wilcocks 		200
By ditto Kenner
      and paid John
      Letham for taking
      up ditto
      Wilcocks 		200
Northumberland county's public account.











Copy of the law
A true coppy,
Test, PETER BEVERLEY,           
Clerke of the House of Burgesses.      

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  Pages 137-153  ======   ======  Pages 168-185

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