Pages 250-270 
|  Pages 287-303
|
| Pages 250-270
| Pages 287-303
|
| CHAP. XII. | ||
| ||
| I. BE it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That no master of a ship, sloop, boat, or other vessel, shall transport or carry any person whatsoever, out of this colony and dominion, without a license or pass for the same, signed by the secretary of this dominion for the time being, or such other person as he shall depute and authorize for that purpose, upon penalty of answering | Masters of ships, &c. not to carry any persons out of the country, without a pass, on penalty of paying all their debts. |
| and paying every debt and duty the said person, at going out of this colony, shall owe, or stand obliged for, to the queen's majesty, her heirs and successors, or to any of the inhabitants, merchants, or traders here, by judgment on record, bill, bond, covenant, account, or any other ways or means whatsoever: To be recovered against the said master, by action of debt, in any court of record within this colony and dominion. | |
| II. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That after publication of this act, no master of a ship, sloop, boat or other vessel, shall transport or carry any servant whatsoever, or any negro, mulatto, Indian, or other slave, out of this colony and dominion, without a licence, or pass as aforesaid, or the consent, leave, or permission of the person or persons to whom such servant or slave doth of right belong, upon penalty of forfeiting and paying, in current money, the sum of fifty pounds for every servant, and the sum of one hundred pounds for every slave transported or carried hence, contrary to this act; one moiety to our sovereign lady the Queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to the party grieved: To be recovered, with costs, in any court of record within this colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. | Penalty for carrying servants or slaves. |
| III. And that the transporting or carrying debtors, servants or slaves, out of this colony, contrary to this act, may be the more effectually prevented, | |
| IV. Be it also further enacted, by the authority aforesaid, and it is hereby enacted, That any master of a ship, sloop, boat, or other vessel, offending therein, shall be liable to be sued at any time for any debt due and owing as aforesaid, from the person he shall transport or carry hence, contrary to this act, and for any forfeiture accruing, due from himself, by virtue of this act: And that whensoever any action, plaint, information, or other suit, shall be brought against the said master, for or concerning the premises, or any of them, the court wherein the said action, plaint, information, or suit, shall be depending, shall not admit him to plead in bar, or give in evidence any act for limitation of actions; | No limitation to bar such actions. |
| any law, usage, or custom to the contrary, notwithstanding. | |
| V. And be it enacted, by the authority aforesaid, and it is hereby enacted, That it shall not be lawful for the secretary, or any deputy appointed by him, to grant a licence or pass, for transporting or carrying any person whatsoever out of this colony, unless sufficient bond, with two sureties, be given to the secretary of this dominion, to the value of two thousand pounds sterling, with condition to answer and pay every debt and duty, the said person, at going out of this colony, shall owe, or stand obliged for, by any ways or means whatsoever; or unless the said person have a certificate from a county court clerk, in the form following: | Pass, how obtained. |
| I, A. B. clerk of Y county court, do hereby certify, that C. D. is, and for some time past hath been, an inhabitant of this county, and hath published his intentions of going out of this colony, according to law. Dated this day of | |
| VI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That it shall not be lawful for any county court clerk to issue such certificate for any person whatsoever, 'till ten days after the publication hath been made in his county, of the said person's intentions to go out of this colony, by a note thereof set up at the county court-house, on a court-day. | Rules, in granting certificates. |
| VII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That notwithstanding a certificate from a county court clerk as aforesaid, if a caveat be entered to hinder a licence or pass thereupon, and sufficient bond given, with one surety, paiable to the secretary of this dominion, for the sum of five hundred pounds, by the person entring the said caveat, with condition to answer and pay all damages, which the party stopped by the caveat, shall recover, it shall not then be lawful for the secretary, if the said caveat be entered with him, or any of his deputies, with whom the said caveat shall be entered with him, or any of his deputies, with whom the said caveat shall be entered, to grant a licence or pass upon the said certificate, unless the party so topped, shall give sufficient bond, with one surety also, to the secretary of this dominion, for double the sum claimed by the person by the person entring the caveat, with condition | Caveats against granting passes, how awarded. |
| to answer and pay whatever the said person shall recover of his pretended claim. | |
| VIII. Provided always, and it is hereby enacted and declared, That the said surety, or any other sureties for persons going out of this colony, after the expiration of two years, shall be discharged and acquitted from all claims and demands whatsoever, which may or can be brought against them, by virtue of their being sureties as aforesaid, except such, for which suit shall be then depending, or for which suit hath been commenced within that time; any law, usage, or custom, to the contrary notwithstanding. | Proviso. |
| IX. And for the greater ease of the inhabitants of this colony and dominion, in procuring a licence or pass, when need shall be, | |
| X. Be it enacted, by the authority aforesaid, and it is hereby enacted, That the secretary of this dominion for the time being, shall appoint, have, and keep, in each district of the colony, at least, one deputy, for granting licences or passes, according to this act, to any person within the district: And that if for the space of two months after publication of this act, he shall fail to appoint deputies, according to this act; or having appointed the said deputies, shall fail to signify to the several county court clerks in each district, what person he hath appointed for the district; or shall fail, when a vacancy happens in a district, within two months after the vacancy, to appoint another deputy for the said district; or to signify his said appointment to the several county court clerks within the district as aforesaid, he shall forfeit and pay fifty pounds current money, for every such failure; one moiety to our sovereign lady the queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him, her, or them that shall inform or sue for the same, in any court of record within this colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, privilege, or wager of law, or any more than one imparlance, shall be allowed. | Secretary to appoint deputies, for granting passes. |
| XI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any person, desirous to go out of this colony and dominion, in order to |
| obtain a licence or pass for it, shall offer to give bond, with sureties, or produce a county clerk's certificate, according to this act; and the secretary, or his deputy, to whom such bond shall be offered, or certificate produced, shall refuse to grant a licence or pass thereupon, unless caveat be entered, according to this act, to hinder the same, the secretary, or his deputy, offending therein, shall forfeit and pay five hundred pounds current money; one moiety to our sovereign lady the queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to the party grieved, prosecuting within six months next ensuing the offence committed; and afterwards, to the said party, or any other informer: To be recovered, with costs, in any court of record within this colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, or any more than one imparlance shall be allowed. | Penalty for refusing a pass. |
| XII. And to the end, every master of a ship, sloop, boat, or other vessel, which shall lawfully transport or carry any person out of this colony, may be the better enabled to manifest the same, if questioned, after he hath lost his licence or pass, | |
| XIII. Be it enacted, by the authority aforesaid, and it is hereby enacted, That the county court clerks shall register, in their respective offices, all certificates by them issued, in pursuance of this act; that the secretary's deputies shall, in October general court, annually return certificates of all the licences or passes by them respectively granted the year before, to the secretary's office; that the clerk of the said office shall there register all the said certificates, as they come to his hands, or within a reasonable time after; and that if the secretary shall grant any licence or pass himself, he shall take care a certificate thereof be registered in the secretary's office within a year after the granting it: And if any of the persons aforesaid, shall at any time fail to perform the respective duty of his office as aforesaid, in any particular, for every such failure, he shall forfeit and pay the sum of five pounds current money; one moiety to our sovereign lady the queen, her heirs and successors, for and towards the better support of this government, and the contingent charges | Duty of county court clerks and secretary, and returning certificates, & registering passes. |
| thereof; and the other moiety to the informer: To be recovered, with costs, in any court of record within this colony and dominion, by action of debt, bill, plaint or information, wherein no essoin, protection, or wager of law, shall be allowed. | |
| XIV. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to the clandestine transportation, or carrying of persons in debt, servants, and slaves, out of this colony, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
 CHAP. XIII. An act concerning Waifts and Strays. | |
| I. BE it enacted, by the governor, council and burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That every person that shall take up any stray horse, mare, or cattle, or boat adrift, shall cause the same with the description thereof, viz. the mark, stature, and colour of the horses, mares, and cattle, and the burthen and built of the boat, to be published, by setting up a note or advertisement thereof, at each church or chapel in the county, two Sundays, or sermon days successively, within one month after the taking up such horses, mares, cattle, or boat; and if no owner appear upon such public notice given, shall then publish the same at the next county court, and set up, in writing, at the said court door, one whole court day: And for a reward of taking up the same, shall be paid, by the owner, five shillings for every such horse, mare, and boat; and every person making default herein, or making use of any such stray horses, mares, or cattle, or drift boat, shall forfeit and pay, for every such horse, mare, and head of cattle so taken up astray, and every boat so taken up adrift, the sum of fifteen shillings current money, to the informer: To be recovered, with costs, before a justice of the peace of the county where the offence is committed; and moreover, shall pay double damages to the owner. | Strays, and boats adrift, how advertised. Reward. Penalty for failing to advertise. |
| II. Provided always, and be it enacted, That when any horses, mares, and cattle, being above two years old, shall be taken up astray, or boat adrift, and so published, and no owner appear, to make his or her claim, within one year after such taking up, the taker up shall, by warrant from a justice of the peace of that county, have such horses, mares, cattle, and boat appraised; and shall then have the property of such horses, mares, cattle, and boat appraised; and shall then have the property of such horses, mares, cattle, and boat, and shall only be answerable to the owner, for the valuation thereof, after the abatement of the reward for taking up the same. | When the property shall vest in the taker up. |
| III. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to waifts and strays; or any other matter or thing whatsoever, within the purview of this act, is, and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
CHAP. XIV. An act against stealing Hogs. | |
| I. BE it enacted, by the Governor, Council, and Burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That if any person or persons shall, from and after the publication of this act, steal any hog, shoat, or pig, every person so offending, shall, for the first offence, receive on his or her bare back, twenty-five lashes, or pay down ten pounds current money of Virginia; and if a negro, mulatto, or Indian, thirty-nine lashes well laid on, at the common whipping-post of the county wherein such offence shall be committed, or the party offending, arrested; and moreover, shall pay and satisfy four hundred pounds of tobacco, for every such hog, shoat, and pig; one half of the afore-mentioned fine to be to the owner of such hog, shoat, or pig; and the other half to the informer: To be recovered, with costs, at the suit of the informer, by action of debt, bill, plaint, or information, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed. And if any person or persons, shall the second time offend, by stealing any hog, | Hog-stealing, penalty for, first offence; and how appropriated. 2nd offence. |
| shoat, or pig, he or she so offending, and being thereof the second time convicted, shall stand two hours in the pillory, on a court day, and have both ears nailed thereto, and at the end of the said two hours, have the ears cut loose from the nails: which judgment, the county courts in this colony, are hereby impowered to give respectively, and to award execution thereon accordingly: Saving always and reserving to each party concerned, liberty of appealing to the general court; provided they give bond, with good security, in the sum of twenty pounds sterling, for his or her personal appearance in the general court, according to the appeal, and to perform and abide what they shall award therein; and moreover, each party offending as aforesaid, shall pay and satisfy four hundred pounds of tobacco for every such hog, shoat, and pig: To be recovered and divided as aforesaid. | Right of appeal. Further penalty. |
| II. And if in either of the said cases, to wit, the first or second offence of hog-stealing, the person offending, be a servant by indenture, or custom, &c. then the master or owner of such servant shall pay and satisfy the said four hundred pounds of tobacco, and shall be satisfyed for the same again, by service of the said servant, after the rate of one hundred and fifty pounds of tobacco for one month's service; and judgment shall go accordingly. | Masters of servants, hog-stealers, to pay the fine, & be reimbursed by the servant. |
| III. And if such person so offending, be a slave, then the owner of such slave shall pay and satisfy two hundred pounds of tobacco to the owner of the hog; and judgment shall go accordingly. | Of slaves. |
| IV. And if there be more actors that one in the same offence of hog stealing, though it be but for one hog, shoat, or pig, It is hereby enacted and declared, That each person shall be adjudged to the punishment and whole fine, and may be particularly prosecuted. | Several offenders. |
| V. Provided always, That this clause shall not be construed to extend to owners of slaves paying more than once for one hog; but that having paid once two hundred pounds of tobacco for each hog so stolen, shall be acquit: And if slaves of several masters be concerned together in one offence of hog stealing, then the pay for such hog or hogs, shall be paid by the owners of such slaves, in proportion. | Proviso. |
| VI. And if any person or persons shall the third time offend, by stealing a hog, shoat, or pig, he or she so offending, shall be adjudged a felon, and shall suffer death, as in the case of felony. | 3d offence, felony. |
| VII. And for the more effectual prevention of hog stealing, Be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any person or persons shall bring, or cause to be brought, to his or her own house, or any other house of reception, any hog, shoat, or pig, without ears, or shall receive any such, and shall not immediately discover the same to a justice of the peace of the county, he, she, and they so offending, shall, by virtue of this act, be adjudged a hog stealer, and shall suffer the pains, penalties, and forfeitures accordingly. | Persons, receiving hogs, without ears, deemed hog-stealers. |
| VIII. Provided nevertheless, That if any person or persons so bringing, causing to be brought, or receiving such hog without ears, shall be able to prove the lawful propriety of the said hog, to be in him, her, or themselves, he, she, and they, shall not then, in such case, be liable to any pains, penalties, or forfeitures mentioned in this act; any thing therein contained to the contrary thereof, in any-wise, notwithstanding. | Proviso. |
| IX. And whereas many of the tributary Indians keep hogs, and are suspected, on pretence thereof, to steal and destroy the stocks of the English, | |
| X. Be it therefore further enacted, That all Indians whatsoever, keeping any hogs, shall give them the same mark, which hath been, or by the next adjacent county court, shall be allowed to their town: And if any person, not being an Indian, shall buy or receive from any Indian, any pork, and cannot prove such pork to be of the proper mark of the town of Indians to which such Indian shall belong, he or she so offending, shall forfeit and pay one thousand pounds of tobacco; one half thereof to be to the queen, her heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other half to the informer: To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed. | Indian's hogs, how to be marked. Penalty for buying pork, of an Indian, where proof of the hogs, mark cannot be made. |
| XI. And be it further enacted and declared, That it shall not be lawful for any person to hunt, shoot, or |
| kill, any unmarked hog, shoat, or pig, if the same shall be found, either in company of the hogs, or ranging upon the land of any other person, on pain of being fined one thousand pounds of tobacco for every such offence: To be recovered, with costs, at the suit of the informer, by action of debt, bill, plaint, or information, in any court of record within this colony and dominion. And upon his or her land, or upon any unpatented lands, and being either alone or in company of his or her own hogs, or of other unmarked hogs, (in all which cases it is lawful to hunt or kill unmarked hogs or shoats) such person shall, within three months then next coming, give an account thereof, upon oath, to some justice of the peace of the county, and shall take a certificate thereof accordingly, for his or her justification: And every person failing to do what is enjoyned in this case, is hereby declared to be a hogstealer, and shall suffer the pains, penalties, and forfeitures accordingly. | Penalty for hunting, shooting, &c. unmarked hogs, on others
land. If killed on his own, or unpatented, notice to be given to a justice. | |
| XII. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to stealing hogs, or to any other matter or thing whatsoever, within the purview of this act, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. | |
CHAP. XV. | ||
| ||
| I. BE it enacted, by the Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That if any horses, mares, cattle, hogs, sheep, or goats, shall break into any grounds, being inclosed with a strong and sound fence, four foot and half high, and so close that the beasts or kine breaking into the same, could not creep through; or with a hedge two foot high, upon a ditch of three foot broad, or instead of such hedge, a rail fence of two foot and half high, the hedge or fence being so close that none of the | What deemed a lawful fence. |
| creatures aforesaid can creep through, (which shall be accounted a lawful fence,) the owner of the said horses, mares, cattle, hogs, sheep, or goats, and of any of them, shall, for the first trespass by any of them committed, make reparation to the party injured, for the true value of the damage he shall sustain, with costs of suit; and for every trespass afterwards, double damages, and costs of suit: To be recovered in any court of record in this her majesty's colony and dominion, in such manner as the law, in the like cases, directs. | 1st trespass, how compensated. Other trespass. |
| II. Provided always, and it is hereby intended, That for a third offence of any one or more horses, mares, cattle, hogs, sheep, or goats, breaking into inclosures as aforesaid, and barking fruit-trees, it shall be at the election of the party injured, to sue for his damages, or to kill and destroy the beasts or kine so trespassing, without being answerable to any one for the same. | 3rd trespass. |
| III. And to the end, that the condition of the fence, at the time of the trespass committed, may be proved to a jury, upon trial, Be it enacted, by the authority aforesaid, and it is hereby enacted, That upon complaint made by the party injured, before any justice of the peace for that county wherein the trespass shall be committed, the said justice of peace is hereby impowered and required to issue his order, without delay, to three honest housekeepers of the neighbourhood, who are no ways related to the party injured, nor interested concerning the trespass, reciting the complaint, and requireing them to view the fence where the trespass is complained of, and to take memorandums of the same; and their depositions, in such case, shall be good evidence to the jury, as touching the lawfulness of the fence. | Fence, how viewed. |
| IV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any person damnified, for want of such sufficient fence, shall hurt, wound, lame, kill, or destroy, or cause to be hurted, wounded, lamed, killed, or destroied, by shooting, hunting with dogs, or otherwise, any of the kind or breed of horses, cattle, sheep, goats, or hogs, he, she, or they so offending, shall pay and satisfy to the owner of the creature so hurt, wounded, lamed, killed, or destroied, double damages, with costs; recoverable as aforesaid: Except the damage alledged, be under twenty shillings; | Penalty, for injuring beasts, if the fence be unlawful. |
| and then recoverable before any two justices of the county, quorum unis. | How recoverable. |
| V. And be it also further enacted, by the authority aforesaid, and it is hereby enacted, That all persons whatsoever, owners of horses, mares, cattle, or other beasts, which are known to have barked fruit-trees, shall be and are hereby obliged to keep the said horses, mares, cattle, and other beasts, within their own fenced ground. | Horses, known to have barked fruit-trees how to be
kept. |
| VI. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any person shall take up any horse, mare, kine, or other beast, that hath been known barking fruit-trees, and shall deliver the same to the owner thereof, the said owner shall pay to the taker-up, one hundred pounds of tobacco, for every beast so taken up and delivered: Recoverable, with costs, before any justice of the county wherein the beast was taken up, or the owner lives. | Reward for taking up such. |
| VII. Provided always, That if it be required, the said taker-up of such horse, mare, or other beast, shall make oath before the said justice, of his taking up the same; and that no means were, by himself, or any other person that he knows of, used, to set the same at large; otherwise shall lose the said reward of one hundred pounds of tobacco. | Proviso. |
| VIII. And be it so enacted, by the authority aforesaid, and it is hereby enacted, That every person whatsoever, that shall, without the leave of the owner, take away any boat, or canoe, shall pay to the said owner of such boat, or canoe, for every such offence, five hundred pounds of tobacco, over and above the damage the said boat, or canoe, shall sustain, and over and above the charge of regaining and bringing her back again: And if such person trespassing, be a servant, he or she shall make the like satisfaction, by his or her service, when the time due to his or her master shall be expired; And if there be several actors in one trespassing or taking away the boat, or canoe, at one time, it is hereby declared, that every person shall pay the whole fine. | Penalty, for taking boat, or canoe without leave. In case of servants. Several offenders. |
| IX. And be it further enacted, That all and every other act or acts, and ever clause and article thereof heretofore made, for so much thereof as relates to trespasses by unruly horses, cattle, hogs, sheep, and | Repealing clause. |
| goats; or to taking away boats and canoes; or to any other matter or thing within the purview of this act, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | |
CHAP. XVI. | |
| An act giving a reward for killing of Wolves. | Edi. 1733 and 1752. |
| FOR an encouragement to all manner of persons to endeavour the destruction and killing of wolves, which in all parts of this her majestys colony and dominion very much obstruct the raising and increase of cattle, sheep and hogs. | [From MS.] |
| Be it enacted, by the Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That whatsoever person or persons (the tributary and all foreign Indians excepted) shall after the publication of this act, kill or destroy wolves old or young, such person or persons for every wolf taken and destroyed by means of a pitt or trap, made and kept for that purpose, shall have a reward of three hundred pounds of tobacco, and of two hundred pounds of tobacco for every wolf killed or destroyed by any other way. | Rewards for wolves killed, except by Indians. |
| That whatsoever Indian or Indians tributary to this dominion, shall kill or destroy wolves, such Indian or Indians for every wolf killed or destroyed by any means whatsoever, shall have a reward of one hundred pounds of tobacco and no more, and that the said severall rewards shall be paid to the respective person or persons meriting the same in the county where the fact happens to be done. | Rewards to Indians. |
| And to that end, Be it further enacted, by the authority aforesaid, That the severall county courts within this her majestys colony and dominion, be impowered, and every of them is hereby impowered, authorised and required, at the laying of the county levy, annually to allow and order to all and every person or persons claiming or demanding any of the rewards aforesaid, the respective sum or sums of tobacco accruing, due to such person or persons by virtue of this act, and to assess, raise or levy, the same upon the tithable persons within their respective countys by a poll tax. | County courts to levy rewards. |
| Provided always, and it is the true intent and meaning of this act, that whatsoever person or persons shall kill or destroy wolves for sake of the rewards given by this act, or any of them, such person or persons shall carry the head of ever wolf so killed or destroyed, to a justice of the peace of the county where the fact happens to be done, shall before him make due proof how, when and where every wolf was killed or destroyed, and shall take from the said justice a certificate thereof, to the county court, and shall produce, or cause the same to be produced, when the county levy is laid, otherways it shall not be lawfull for the county court to grant or allow any claim or demand whatsoever, concerning the same. | Proof, how made. |
| And be it enacted, by the authority aforesaid, That every justice of peace within this her majestys colony and dominion, be impowered, and every of them is hereby impowered and required, within his respective county, to receive the heads of wolves killed or destroyed, in pursuance of this act, and upon due proof made to grant and issue certificates to the county court as aforesaid, how, when and where, such wolves were killed or destroyed, concerning which it shall and may be lawfull for every justice to whom application shall be made for certificate, to admit as good and due proof, either the oath or oaths of the person or persons making application, or such being refused or unfit to be taken, any other evidence, testimony or circumstance in his discretion, probable and convincing. | Justices authorised to grant certificates. Mode of proof. |
| And forasmuch as frauds may happen frequently by means of Indians killing of wolves in one county and bringing the heads of them to another county, for sake of the reward in point of payment, in case great care be not taken to prevent the same, | |
| Be it therefore enacted, by the authority aforesaid, That it shall and may be lawfull for every justice of peace to whom any Indian or Indians shall make application for a certificate upon the least suspition he hath of a fraud to forbear and delay giving the certificate untill such Indian or Indians shall bring him convincing and sattisfactory testimony that the wolf or wolves concerning which certificate is desired, were killed in that county to which such justice belongs. | Frauds, how declared. |
| And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made for so much thereof as relates to giving a reward for killing of wolves, or any other matter or thing within the purview of this act, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
CHAP. XVII. An act for encouragement of the Land Frontiers. | |
| I. WHEREAS the counties on the land frontiers in this colony, are exposed to many dangers, from the incursions of Indian enemies, whereby the trouble and charge of the inhabitants of those counties are far greater than others of the inland parts of the country; and whereas the augmenting and enlarging the said frontier counties will very much add to their strength and safety, by increasing their militia, and thereby render the duty they are often obliged, unto, less burthensome to the inhabitants in general: Therefore, as an encouragment to the aforesaid frontier plantations, | Preamble. |
| II. Be it enacted, by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That no county on the land frontiers, shall hereafter be divided, unless there shall be left in the upper county, at least eight hundred tithable persons; and unless the whole county, as it stood before the division, be obliged equally to contribute to the building a decent church, court-house, and prison, in such frontier county, after the form and manner now generally used within this colony. | Conditions on which frontier counties may be divided. |
| III. Provided always, That if the upper inhabitants of any county, shall seek the division of themselves, they shall not then be intituled to any privilege by virtue of this act. | Proviso. |
| CHAP. XVIII. | |
| An act directing the building an house for the Governor of this colony and dominion. | Edi. 1733 and 1752. |
| WE, her majestys most dutifull and loyall subjects, the burgesses now assembled, having taken into our serious consideration her majesty's commands concerning the building of an house for the governor of this her majestys colony and dominion, and how necessary it is that such an house be built without any further delay, have cheerfully and unanimously given and granted unto her most excellent majesty, the sum of three thousand pounds, to be employed, made use of and expended according to the directions of this act hereafter mentioned, and do humbly pray your excellency it may be enacted. | [From MS.] Preamble. |
| And be it enacted by the governor, council and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That an house for the residence of the governor of this colony and dominion, be with all convenient expedition erected, built, and finished upon the land bought of Henry Tyler, joining to the City of Williamsburgh, or upon so many of the next adjacent lotts laid out for the City of Williamsburg, as to the directors of the said city shall seem most fitt and convenient, or upon either or both of them, and that the said land containing sixty-three acres, and lying on the north side of the said city, together with the forementioned lotts, and the said house, and all and singular the appurtenances, shall from time to time, and at all times hereafter, be held and enjoyed by the governor or commander in chief of this dominion, for the time being, for ever to his own proper use and behoof, and shall not be applyed to any other use whatsoever. | A house to be built, for the governor. Land appropriated for that purpose. |
| And that the said house be built of brick, fifty-four foot in length, and forty-eight foot in breadth, from inside to inside, two story high, with convenient cellars underneath, and one vault, sash, glass and a covering of stone slate, and that in all other respects the said house be built and finished according to the discretion of the overseer, which shall be employed by virtue of this act to take care of the same, under the direction of the governor and councill. | Dimensions and materials. |
| And be it further enacted, That a kitchen and stable, suitable for such an house be likewise built upon the land before mentioned, according to the discretion of the said overseer, and by the direction aforesaid. | Kitchen and stable. |
| And be it further enacted, That for the more easy and better building and finishing the aforesaid house and out houses, the said overseer have full power to send for England for iron work, glass, lead, stone, slate, or any other necessarys to be made use of in or about the said buildings, and that the same be imported at the risque of the country, and also on the like risque to buy such and so many slaves, horses, carts, and other materials as in his discretion he shall think fitt, for the more expeditious and cheap carrying on the said work. | Directors authorised to send to England for materials. |
| And be it further enacted, That for a supply of monys to begin, carry on and finish the aforesaid house and out houses, the said overseer shall from time to time as the occasion shall require, make application to his excellency the governor or the governor or commander in chief of this colony and dominion for the time being, who is hereby desired upon such application to issue his warrant upon the late and present treasurer of this dominion for so much money as may be wanted untill the full sum of three thousand pounds given and granted to her majesty as aforesaid, shall be fully paid out. | Governor authorised to draw on the treasurer. |
| And be it further enacted, That the said sum of three thousand pounds shall be employed, made use of, and expended in building the house and out houses directed by this act, and the charges thereupon accruing, and to and for no other use or uses whatsoever. | 3000l. appropriated. |
| And be it further enacted, That Henry Cary be appointed, and he is hereby appointed an overseer to inspect, oversee, and provide for the building aforesaid, with full power to begin, carry on, and finish the same, according to the directions of this act, and in case at any time hereafter there be a necessity of appointing a new overseer by means of the death or disability of the said Henry Cary, or any other person that shall succeed him in the said employment and trust his excellency the governor or commander in chief of this colony and dominion for the time being, is hereby desired on all such occasions to nominate and appoint such new overseer, and every person so appointed is hereby declared to have as full power to proceed | Overseer, or director appointed. Vacancy, how supplied. |
| and act in carrying on and finishing the said buildings, as the said Henry Cary hath by virtue of this act. | |
| And be it further enacted, That the said Henry Cary and every other person which after him shall be appointed to be an overseer as aforesaid, shall be paid and allowed for the time of their respective service and attendance in the employment and trust aforesaid, after the rate of one hundred pounds a year. | Salary of director. |
| Provided always, and be it enacted, That the said Henry Cary and every other person which after him shall be appointed to be an overseer as aforesaid, shall before his admittance into the said imployment and trust, enter into bond with one surety, of five hundred pounds sterling to our sovereign lady the queen, her heirs and successors, that he will not imbezile or convert to his own use any part of the money or materials put unto his hands for carrying on the building aforesaid, but that according to the best of his skill and understanding and the trust reposed in him he will faithfully lay out all such monys in and about the uses and services for which he receives it, and also that he will lay an account of his disbursments from time to time, before the governor and councill, and before the assembly at their meeting, and make oath thereto when required. | To give bond. |
| And be it enacted, That all such charge and expence as shall or may hereafter accrue for repairing the house and out houses directed by this act, shall be defrayed out of her majesty's revenue of two shillings per hogshead. | Appropriation for repairs. |
| Pages 250-270
| Pages 287-303
|