Pages 371-395 
|  Pages 419-441
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| Pages 371-395
| Pages 419-441
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| CHAP. XL. An act for regulating Ordinaries, and restraint of Tippling houses. | |
| I. FOR regulating the abuses of ordinaries, and other houses of entertainment, and restraint of tippling houses, | |
| 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 all persons whatsoever, retailing liquors, shall sell the same by sealed measures, and none other; and that all licensed ordinary-keepers, or keepers of houses for public entertainment, be provided therewith, viz. with gallon, | Sealed weights and measures, alone to be used. |
| pottle, quart, pint, and half-pint sealed measures; on penalty of forfeiting and paying, to the informer, ten shillings current money, with costs: To be levied by distress, by virtue of a warrant from a justice of the peace of the country where the offence shall be committed. | |
| III. Provided always, That all person or persons whatsoever, who shall retail liquors in any public house or houses, shall have liberty to sell any liquors in bottles, the said bottles being sold for no more than they hold or contain. | Bottled liquors. |
| IV. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That whatsoever shall retail liquors in their houses, without license first had and obtained, according to the directions of this act, shall forfeit and pay two thousand pounds of tobacco: And that the method of obtaining such license, be as followeth: Whoso intends to set up an ordinary, or house of public entertainment, let him petition the county court, and they, by their discretion, shall judge whether it is convenient to suffer such a house to be set up; and whether the person petitioning, be of ability sufficient to comply with the intent of the law, in providing convenient lodging and diet for travellers, and pasturage, fodder, provender, and stableage for their horses, as the season shall require, and upon security also, as therein is directed, to grant or reject the same accordingly: For the said court shall not, under pretence of keeping any poor body from the parish charge, give them any power of selling drink, as hath been some times done, and is found very prejudicial; but shall only grant license to such as seem to them to be of ability to find and provide continually, all things necessary for entertainment, and have housing fitting for the same, according to the intent of this act. And the said petition being approved, the court shall then take bond of the party petitioning, with good and sufficient security, in the sum of ten thousand pounds of tobacco, paiable to the queen, &c. with condition annexed, to find and provide constantly, good wholsome, and cleanly lodging and diet for travellers, and stableage, fodder and provender, or pasturage, as the season shall require, for their horses; with such other conditions, as the form of the bond, set down in this act, shall specify. | Penalty for retailing liquors, without license. Licences, how and when to be granted. Bond and security. |
| Form of bond. | ||
| THE condition of this obligation is such, That whereas the above bound A. B. hath obtained a license to keep an ordinary at if therefore the said A. B. doth constantly find and provide in his said ordinary, good, wholesome, and cleanly lodging and diet for travellers, and stableage, fodder and provender, or pasturage and provender, as the season shall require, for their horses, for and during the term of one year, from the day of and shall not suffer or permit any unlawful gaming in his house; nor on the sabbath day suffer any person to tipple and drink more than is necessary; then this obligation to be null, void, and of none effect; otherwise to be and remain in full force, power, and virtue. | |||
| The bond and security being thus taken, the court may grant their order; and the clerk shall thereupon prepare a license, and present it to the first justice of the peace for that county, who shall sign the same; and that license to continue and be of force for one year only, from the date of the said order, and no longer. | Licenses, how signed, and how long to continue. | ||
| V. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That there be paid, by the party obtaining such license, thirty-five shillings current money of Virginia, for the use of the governor, or commander in chief of this her majesty's colony and dominion, for the time being. | Governor's fee. | ||
| VI. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That if any ordinary-keeper |
| shall permit in his house unlawful gaming; or shall suffer any person or persons, on the Lord's day, or any other day set a-part by the public authority for religious worship, to tipple in his house, or drink more than is necessary; or shall harbour, or entertain any seamen or servants, contrary to the intent and meaning of this act, it shall and may be lawful for any two justices of the peace, (whereof one to be of the quorum,) upon their own view or knowledge, or upon proof made to them, by the oath of one credible witness, to suppress the said ordinary until the next succeeding court: And upon certificate made by the said two justices, of the said offence, and further enquiry into the same, the said county court shall either disable the offender from keeping ordinary thereafter, until they shall think fit to grant him a new license, ro to restore him to keep ordinary upon the former license, as they shall see cause: And if any ordinary-keeper shall presume to sell, or retail any liquor, after he hath been so discharged by the aforesaid two justices, and before he be restored by the court, he shall be liable to all the penalties and forfeitures, as if he had never obtained a license. | Gaming, tippling, or sabbath breaking, at ordinaries, &c. how punishable. |
| VII. And also, be it enacted by the authority aforesaid, and it is hereby enacted, That the justices of each county, shall, annually, at their court in March, set and rate the prices that ordinaries shall entertain and sell at; that is, of liquors, according to the measures aforementioned; and of diet, lodging, fodder, provender, and pasturage; upon penalty of forfeiting and paying five thousand pounds of tobacco. | Tavern rates. |
| VIII. Provided always, That if any county court failing to set the rates aforesaid, in March, because a sufficient number of justices did not meet then, shall, at the next court held for the said county, do the same, they shall not be culpable by this law. | |
| IX. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any ordinary-keeper shall ask, demand, receive, or take, greater prices for any drink, diet, lodging, fodder, provender, or pasturage, than shall be set down and rated by the justices of the county, according to this act, he or she shall, for every such offence, forfeit and pay ten shillings, to the informer: To be recovered, with costs, before a justice. | Penalty for exceeding legal rates. |
| X. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That every ordinary-keeper within this her majesty's colony and dominion, shall, within one month after the rates shall be so set by the county court where the license was granted, obtain of the clerk of the said court, a fair table of the rates and prices set by the court; which being so obtained, shall be openly set up in the common entertaining room of the said ordinary, and there continually kept during the whole year, and until the rates shall be again set by the court: And every ordinary-keeper failing herein, shall forfeit and pay two thousand pounds of tobacco; one half of all which fines and forfeitures before mentioned, and not otherwise disposed of, 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 him or them that will inform or sue for the same: To be recovered, with cost, by action of debt, bill, plaint, or information, in any court of record within this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed. | Table of rates to be set up. |
| XI. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That if any person, contrary to the true intent and meaning of this act, shall presume to keep a tippling house, or retail liquors, as aforesaid, without license, and being thereof lawfully convicted, shall not pay down the said fine of two thousand pounds of tobacco, or forthwith, upon such conviction, give security to pay the same at the crop, he or she so offending, shall immediately, by order of the court before whom such conviction shall be, receive at the public whipping-post, on his or her bare back, twenty-one lashes, well laid on, in lieu of paying the said fine of two thousand pounds of tobacco; and then also, the informer not to be chargeable with any fees accrued, by reason of such information. | Penalty, on conviction of keeping a tippling house, or retailing liquors, without license. |
| XII. And forasmuch as the unlimited credit given by ordinaries and tippling houses, within this her majesty's colony and dominion, to seamen and others, where they spend not only their ready money, but their wages and other goods, which should be for the support of themselves and families, is found prejudicial, and occasions many persons newly free, to run away to the |
| neighbouring plantations, to the great disadvantage of this country: | |
| XIII. Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That if any ordinary-keeper or master of a tippling house shall, after publication of this act, trust or sell drink to any sailor in actual pay on board any ship, for any value whatsoever, upon credit; or to any person or persons, who are not masters of two servants, or visibly worth fifty pounds sterling at least, more than the value of three hundred pounds of tobacco, such ordinary-keeper, or master of a tippling house, shall lose all such overplus tobacco and money, for which they shall give such credit: and in case any ordinary-keeper, or other master of a tippling house, shall take or get from any person trusted, as aforesaid, any obligation, bill, or other security, for any sum above three hundred pounds of tobacco spent in one year, under pretence that it is for other goods, the said ordinary-keeper shall forfeit his license; and also double the sum of such obligation so convenously taken: one half to her majesty, her heirs and successors, for and towards the support of this government, and the contingent charges thereof; the other half to him or them that shall inform or sue for the same, in any court of record in this her majesty's colony and dominion: To be recovered, with costs, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. | Penalty for selling liquors to sailors, on credit. Limitation of credit, to others. |
| XIV. And also be it further enacted, by the authority aforesaid, That if any ordinary-keeper whatsoever, within this colony, shall harbour, entertain, or sell any liquors to any sailor in actual pay, on board any ship, or any servant belonging to any person within this colony, without license from their respective masters, such ordinary-keeper shall, for every such offence, forfeit and pay ten shillings to the master of the ship the sailor belongs to, or master of such servant: To be recovered, with costs, upon complaint of the said master before a justice of the county where the said ordinary-keeper lives. | Selling to sailors or servants without leave. |
| XV. Provided, That this act, or any thing therein contained, shall not extend to the ordinary-keepers of the city of Williamsburg, giving credit to any person whatsoever, in the time of the general court, or during | Proviso as to Williamsburg. |
| the sitting of a general assembly, any thing aforesaid to the contrary, notwithstanding. | |
| XVI. 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 regulating ordinaries; and restraint of tippling houses; 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. XLI. An act for encouragement of building Water-mills. | |
| I. FOR encouragement of persons to build Water-Mills, 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, willing to build any water-mill, on some convenient run, hath land only on one side of the run, and the owner of the land on the other side shall refuse to let him have an acre of land adjoining, at a reasonable rate, for the conveniency of the same, the court of the county wherein such land shall lie, upon petition of the party so refused, are hereby impowered and required to order two commissioners, or such other credible persons as they shall think fit, to view the said land; and if it take not away housing, orchards, or other immediate conveniencies, to value the same, and put the party (who desires to build the mill) in possession thereof; which way of possession, in such case, shall be good and available to create a fee simple in the said acre of land, to the person so going about to build the mill, and his heirs. | Persons owning land on one side a run, how to obtain an acre on
the other. Proviso, as to houses, orchards, &c. |
| II. Provided always, That the person so being put in possession, forthwith pay down the money to the owner thereof, upon such valuation. | Valuation money. |
| III. And provided also, That the said person so being put in possession, shall within one year, begin to build a water-mill, and finish the same within three years; and shall thereafter keep up the same, for the use and ease of all such as shall be customers to it; otherwise the said land shall return to the person from | Proviso, as to building and keeping the mill. |
| whom it was taken, or to such other persons as shall have his right. | |
| IV. Provided always, That if any water-mill belonging to any person within the age of twenty-one years, feme-covert, non compos mentis, or imprisoned, be let fall, burnt, or destroyed; that then such person or persons, and their heir and heirs, shall have three years to rebuild and repair such mill, after his or their full age, discoverture, coming of sound mind, enlargement out of prison, or death. | Further proviso, as to mills burnt, or belonging to infants, &c. |
| V. And also for a further encouragement, Be it enacted, by the authority aforesaid, and it is hereby enacted, That when there shall be a public mill standing upon any run, there shall not be another mill or dam built upon the same run below such mill, within a mile thereof; nor upon the same run above such mill; without the particular leave of the general court, or county court, in which such mill is intended to be set. | Restriction as to mill on same run. |
| VI. Provided, That this act, nor any thing therein contained, shall not construed to prohibit the carrying on and finishing any mill now begun upon any run where another mill is standing; but that the same may be done, in such manner as it might have been before this act. | Proviso. |
| VII. Provided also, That where any owner or owners of a mill already built, or that shall hereafter be build on any run, shall conceive himself injured by the building of a water-mill, by any person or persons on the same run, it shall and may be lawful for the party injured, to bring his action on the case, against the owner or owners of such latter built mill, in the same manner as he might have done before the making of this act; any thing herein contained to the contrary, or seeming to the contrary in any-wise, notwithstanding. | Remedy. |
| VIII. And for prevention of abuses, by evil-minded coveteous, and exacting millers, or owners of mills, Be it enacted, by the authority aforesaid, and it is hereby enacted, That all millers shall grind according to turn; and shall well and sufficiently grind the grain brought to their mills, and shall take no more for toll or grinding, than one eighth part of wheat, and one sixth part of Indian corn. And every miller, or keeper of a mill, making default herein, viz. Not grinding according to turn, not well and sufficiently grinding the grain, or | Duty of millers. Toll. |
| exacting more for toll, than herein is set down and allowed, shall, for every such offence, forfeit and pay fifteen shillings, to the party injured: To be recovered, with costs, before a justice of peace of the county where such offence is committed. | Penalties. |
| IX. Provided always, That it shall be in the power of the owner of any mill, to grind, or cause to be grinded, his own grain, at any time he thinks fit; any thing in this act to the contrary, notwithstanding. | Privilege of owners. |
| X. And, for the better discovery of such exacting millers, Be it enacted, by the authority aforesaid, and it is hereby enacted, That all millers shall keep in their mills these several measures, either of English sealed measures, or sealed by the court of the county wherein such mill shall be, viz. a bushel, half-bushel, and peck; and shall measure all by strike measure; and use no toll-dish but what shall be also sealed by the county court, (who are hereby impowered and required, at the county charge, to provide an iron brand, for the said uses.) And every owner of a mill, by himself or servant keeping such mill, and failing to provide such measures, and toll-dishes, shall, for such failure, forfeit and pay fifteen shillings, to the informer: To be recovered, with costs, before a justice of peace of the county where such failure shall happen. And if any miller, keeping a mill, shall be a servant or slave, then the master or owner shall be answerable for the defaults of such servant or slave, in the cases aforesaid: And where the master shall live out of the county, and have no known attorney in the county for that purpose, upon complaint made, for any of the abuses aforesaid, the appearance of such servant or slave before the justice, shall be deemed a sufficient appearance for the justice to proceed against the master or owner, as if the master or owner appeared in person; but if the owner shall live in the county, or have a known attorney in the county, for that purpose, then the appearance of them shall be required. | Sealed measures. |
| XI. Provided nevertheless, That where a mill is kept by a slave, or imported servant, that shall refuse to grind according to turn; or that shall grind grain insufficiently; or that shall exact more for toll, than is allowed by this act, such servant or slave, for his first offence, shall have thirty lashes, and for his second, forty | Punishment of servants or slaves. |
| lashes, on his bare back, well laid on, in lieu of the penalty or forfeiture given by this act: But in case such servant or slave be a third time guilty of any the said offences, then the master or owner of such servant or slave shall be liable to pay for the same, according to this act, and for every offence such servant or slave shall afterwards commit, in breach of this act. | |
| 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 water-mills; 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. XLII. An act for establishing ports and towns. |
Edi. 1733 and 1752. Repealed by proclamation, July 5th, 1710. |
| WHEREAS her most sacred majesty, Queen Anne, out of her princely care of this her colony and dominion of Virginia, by instructions to his excellency Edward Nott, Esq. her majestys lieutenant and governor-generall here, has been pleased to take notice that the building of towns, warehouses, wharfs and keys, for the more expeditions lading and unlading of ships at proper places in this colony, exclusive of others, will be particularly usefull and serviceable to her majesty, in bringing our people to a more regular settlement and of great advantage to trade, and has therefore caused it to be recommended by her said governor to this generall assembly to pass an act for that purpose, suitable to the interests and conveniencys of this colony, | [From M.S.] Preamble. |
| Be it therefore enacted, by the Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the twenty-fifth day of December, which shall be in the year of our Lord 1708, all goods, wares and merchandises which shall be imported into this colony by water (servants, slaves and salt, excepted) shall be entered, allowed and landed at some one or other of the ports, wharfs, keys or places hereafter mentioned and appointed in this act, and at none other place whatsoever, | Ports of entry, and landing. |
| until they shall have been first landed at one of the ports or wharfs aforesaid, and a certificate thereof obtained from the officer of the port, appointed or to be appointed by his excellency the governor or the governor and commander in chief of this colony for the time being, by advice of the councill of state here for collection of the Virginia dutys, upon pain of forfeiture and loss of all such goods, wares and merchandises. | |
| And be it also enacted, That from and after the said twenty-fifth day of December, 1708, all servants, slaves and salt, which shall be imported into this colony by water, shall be reported and entered at some one or other of the ports, wharfs, keys or places by this act appointed as aforesaid, and a certificate thereof obtained as aforesaid, before they shall be landed, bought or sold upon pain of forfeiture and loss of every such servant and slave so landed, sold, or put to sale. | Servants, slaves and salt, when entered. |
| And be it also enacted, That from and after the said twenty-fifth day of December 1708, all goods, wares and merchandises of what nature and kind soever, to be exported out of this colony by water, coal, corn and timber excepted, shall, before they be put on board any ship or vessell for exportation, be landed or cleared at some one or other of the ports, wharfs, keys or places, as aforesaid, upon pain of forfeiture and loss of all such goods, wares and merchandises. | Goods exported. |
| And because there will be an absolute necessity of ware houses and other convenient buildings for reception of all sorts of goods and persons, at these ports, | |
| Be it therefore enacted, That a township or burgh be established at each of the places hereinafter appointed by this act for ports, and that from and after the said twenty-fifth day of December, 1708, all goods, wares and merchandises whatsoever, which shall be imported for sale into this colony (servants, slaves and salt, excepted) shall be bought and sold in one or other of these towns hereinafter appointed, or not within five miles of any of them water born or on the same side the great river the town shall stand upon, except such persons as are all ready inhabited, and their heirs and such other persons as having been for the space of three years inhabitants of this colony, shall reside at the time of claiming such priviledge within the said five miles, on pain of forfeiting and paying by the vendor the full value | Townships or burghs. |
| of the goods, wares, and merchandises so sold, with costs of suit, and on pain of forfeiture and loss by the purchaser of all goods, wares and merchandises bought contrary to the tenor hereof. Neither shall any ordinary keeping be licenced or allowed without the limits of these towns, unless above ten miles, from every of them, or at a public ferry or court-house. | |
| And whereas a smugling trade (if any such be used here) may most privately be carried on by avaritious and ill minded persons keeping store on board their sea vessells, for prevention thereof for the future, | |
| Be it enacted, That from and after the said twenty-fifth day of December, 1708, no goods, wares nor merchandises whatsoever, which shall be imported into this colony (servants, slaves, and salt excepted) shall be bought or sold while they are water born in the sea vessels, they were imported in upon pain of forfeiting and paying by the vendor the full value of all such goods, wares and merchandises so sold, with costs of suit, and on pain of forfeiture and loss by the purchaser of all goods, wares and merchandises, bought contrary to the tenor hereof, all which fines, forfeitures and penaltys before in this act mentioned, shall be one third part thereof to the governor or commander in chief of this her majesties colony and dominion for the time being, one third to the port and town whose officer shall first make claim, and the other third to the informer. | No goods, except servants, slaves or salt, to be sold on board vessels. |
| And be it also enacted, That in all dutys hereafter to be laid on the trade of this colony in any sort the town inhabitants here shall be acquit for three-fourths of the dutys that all other persons shall be obliged to unless it shall be otherwise directed by act imposing the said dutys. | Privilege of inhabitants of towns, in relation to duties. |
| And be it also enacted, That all persons whatsoever, comeing to live and reside in any of the ports and towns by this act to be constituted, or that at any time of them shall after shall come to live and reside in any of them shall be thereafter free and acquitt from all levys that shall be laid on the poll in tobacco for the space of fifteen years next after the five and twentyeth day of December, 1708, except for their slaves only, and also except for the payment of parish levys where the church already | Further privileges. |
| stands, or shall hereafter be built within any of the said ports or towns respectively. | |
| And for a further invitation of persons to cohabit in towns, | |
| Be it enacted, That no persons whatsoever inhabiting, or that shall inhabit any of the ports or towns to be constituted by virtue of this act, during his being such an inhabitant, shall be obliged to muster without the town land whereof he shall be an inhabitant, or forced to march therefrom except when the exigency shall be such that the country shall be actually ingaged in war, neither then shall the inhabitant of any port or town to be constituted by virtue of this act, be forced to march or be removed more than fifty miles from the burgh whereof he shall be inhabitant, nor imprest to go to warr upon any other occasion. | Their privileges as to military duty. |
| And be it also enacted, That as soon as and whenever a court of Hustings shall be established in any of the burghs shall thereafter be held to plead or go to court for any summons or law business, without the burgh, except in local actions, where the cause shall arise without the jurisdiction of such town, or where the value of the thing in demand shall exceed thirty pounds sterling, or in the generall court or to bear evidence in some court as the laws of this country direct, neither shall they be forced to serve on a jury in any court without such burgh, except in the generall court. | Court of Hustings. Jurisdiction of. |
| And be it also enacted, That all fines and mulcts that shall hereafter be laid upon an inhabitant of any of the ports or towns appointed by this act, shall be paid to the director of such town whereto he shall belong, for the use and benefit of the town, and to no other use or purpose whatsoever. | Fines to the use of the town. |
| And for explanation if what shall be counted an inhabitant of a town, | |
| Be it enacted, That any person keeping a family in town, or whose common residence shall have been in town for six months past, next before the time of claiming such privilege shall be counted an inhabitant of such town, to all intents and purposes, and within the meaning of this act. | Who deemed inhabitants. |
| And because such a number of people as may be hoped will in process of time become inhabitants of these ports and towns cannot expect to be supported without such regulations are made and methods put in practice as are used in the towns of other countrys, | |
| Be it enacted, That each town to be erected by virtue of this act, be constituted, and every of them, singly and apart, is hereby constituted and established a free burgh, shall have a market at least twice a week, and a fair once a year, at such times as hereafter is appointed, shall have a merchant guild and community with all customs libertys belonging to a free burgh, and when there shall be thirty familys besides ordinary keepers resident in any of the burghs to be constituted by virtue of this act, and so on as fast as any of the said burghs shall come to have thirty familys besides ordinary keepers resident in them, such burghs shall have eight of the principal inhabitants who shall be called benchers of the guild hall for the better rule and governance of the town and for managing the public affairs thereof, these benchers shall be chosen by the freeholders and inhabitants of the town of twenty-one years of age and upwards, not being servants or apprentices, to be at first called together by writt from the governor or commander in chief of this colony for the time being, upon application to him made by the town, and being once chosen shall continue so long as they well behave or till death or removal from such town, and being once chosen shall continue so long as they well behave or till death or removal from such town, which shall first happen, and if any bencher shall happen to be suspended, die, or remove out of such town, then upon proclamation made, three market days in open market between the hours of eleven and one by direction of the hustings, and day and place set by them, the freeholders and inhabitants of the town shall assemble on such day and place, and choose another bencher in the room of him so incapacitated, and so on from time to time as there shall be occasion, which elections shall be determined by the major part of the votes that shall be given, according to day and place aforesaid, and all disputes therein shall be determined by the hustings, these five benchers shall annually choose one of them to preside, by the name of director, and if any director shall happen to dye or remove within his year, the benchers or the major part of | All towns, Free burghs. Market. Merchant guilds. Community. Benchers. How chosen. Vacancies, how supplied. Director. |
| them on the next or some convenient day afterwards, shall meet and choose another in his room, and so on as occasion shall happen to supply the year out, and in the interval of a directors dying and anothers being elected, the eldest of the benchers of such burgh then actually resident, shall preside and perform what should have been incumbent on the director of such town to perform. | |
| And for the encouragement and bettering of the markets in the said towns, | |
| Be it enacted, That no dead provision, either of flesh or fish, shall be sold within five miles of any of the ports or towns appointed by this act, on the same side the great river the town shall stand upon, but within the limits of the town, on pain of forfeiture and loss of all such provision by the purchaser, and the purchase money of such provision sold by the vendor, cognizable by any justice of the county, the director or one of the benchers of the next adjacent burgh, or any one of them, be the same of what value soever, saving an appeal to the county court or court of hustings, upon security given. | Provisions to be sold in market only. |
| And be it enacted, That the director for the time being, of each of the burghs appointed by this act, or his substituted, and any three or more of the benchers of his burghs, shall be and hereby are appointed a quorum to hold court, every which court shall be held, deemed, and taken, to be a court of record within this colony, shall make to themselves one comon seal, with liberty at any time to break or change it, shall have jurisdiction of all causes of meum and tuum, bargain, traffique and trade within their town, and the road and harbour thereto belonging, or wherein any inhabitant of the town is or shall be concerned, not exceeding the value of thirty pounds sterling, and all penal statutes of this country, as also of very thing relating to the town lands, saving and reserving always a liberty to any party not content with their judgment, to have an appeal to the generall court, upon security given within four and twenty hours after any such judgment, to abide the award of the said court, and if any one shall take advantage of his liberty, and shall depart the town without sattisfying such judgment or appealing, a copy thereof, certified by the town clerk to the clerk of any | Courts how constituted. Common seal. Jurisdiction. Appeal. |
| county court shall be sufficient for him to issue execution thereon, according to the tenor thereof, and he is hereby required to do the same accordingly. | Executions. |
| Provided always, and be it enacted, That all causes of greater value than thirty pounds sterling, ariseing within the precincts or jurisdiction of any burgh, may be tryed, heard and determined by the respective county courts, wherein the said burghs ly in the same manner as might have been done before the making of this act. | Proviso, as to jurisdiction of county courts. |
| Moreover they the said director and benchers shall take cognisance of all petty larcenies happening within the precincts of their burgh and the road and harbour thereto belonging, and all other crimes of immorality cognisable by a justice of the peace or county court as cursing, swearing, sabbath breaking, drunkenness, fornication, bastardy and the like, when such shall happen within the precincts of their burghs respectively, or the road and harbour thereof, with power likewise to impose mulcts and fines on refractory persons, not exceeding five pounds sterling, to imprison for any time not exceeding or passing by a generall court, and to bind criminals in a greater degree over to the generall court and take recognisances that shall be necessary on such occasions, with power likewise to hold court once a week called hustings, and from time to time to make choice of and swear a town clerk, bailiff, cryer and constable, for recording, arresting, bringing before and regular proceedings in the said courts, and all other inferior officers necessary for the same, and for keeping the peace and good order within their severall and respective burghs, which officers shall have full power in the execution of their severall offices throughout their towns respectively, and the road and harbour thereto belonging, with power to the said court of hustings to administer and take oaths de fideli, and for clearing the truth in all cases happening before them, and to turn out, change and supply such officers as there shall be occasion, upon misdemeanor, death or removal. | Jurisdiction of petty offences. Court to be called Hustings. Town clerk, bailiff, cryer and constables. |
| And be it further enacted, That the director and benchers which shall be elected by virtue of this act, and every of them, singly and apart, shall take cognisance of all breaches of the peace, swearing, cursing, sabbath breaking, drunkenness and immorality, as justices | Director and benchers, their powers. |
| of the peace usually have or ought to have within this colony, and to cause the punishments and forfeitures to be inflicted and levied upon such offenders, their goods and chattels accordingly, within their several and respective burghs, and the precincts thereof, respectively. | |
| And be it further enacted, That the benchers aforementioned, and every of them, at the time of his entering into and upon his said office, shall take such oaths of fidelity to her majesty, her heirs and successors, as shall be from time to time appointed by law, for the other people of this colony to take, and also shall take the following oath. | Oath of a bencher. |
| The Oath of a Bencher. | |
| "YOU shall swear truly and faithfully you will serve our sovereign lady the queen, and the burgh of A. in the office of bencher, and that you will do equal right to all manner of people, rich and poor, and to the said burgh, without favour, affection or partiality, and that you will not directly or indirectly take any gift or reward for any thing relating to your said office. So help you God." | Oath of a bencher. |
| And be it further enacted, That the director and bencher of every burgh respectively to be chosen by virtue of this act, shall be, and they are hereby erected and constituted to be a body corporate and politick, and to have a continual succession forever, by the name of the director and benchers, with power to implead, sue and be sued, to purchase and enjoy lands, tenements, and other estate, real and personal, of whatsoever nature and quality, and to dispose off and alienate the same or any part thereof at their pleasure, with power likewise by subscription and other voluntary gifts and bequests, to raise a joynt stock or capital ffund for the use and benefit of their burgh, and the public necessary charges thereof, and to build and keep a place or tenement within their burgh, where they shall think most desent and honourable to erect a guild hall and such other usefull and necessary buildings as they, with the advice of the common councill, shall think fitt. | Director and benchers, a body corporate. |
| And when the director and benchers shall be thus constituted in any of the burghs appointed by this act, |
| the ffeoffees of such burgh or town shall transfer all their right to such director and benchers, and their successors forever, who shall thereafter parcell out the land and lots in town in such manner and under such rules and limitations as is appointed by law to the ffeoffees, and that by transferr and assignments made and entered in their own books and records, without any other formality of law, reserving to themselves and their successors forever, to the use of the town, one ounce of flaxseed and two ounces of hempseed, for every lot or piece of land so parcelled out. | Feoffees of towns to transfer their rights to directors and benchers. |
| And be it enacted, That thereafter the director and benchers of every such burgh as aforesaid, shall hold the lands within the precincts of their said burgh to them and their successors for ever, in free and common soccage, yielding and paying to her majesty, her heirs and successors, the annual quit rent of twelve pence for every fifty acres, and if any person having a lott in town upon the water side, will build out into the water before his own lott, for the better conveniency of landing and shipping off goods, such persons shall have the whole benefit of such building, and the land so built upon shall be reckoned as part of his own lott, and it shall intirely be his as the lott itself, without any further duty or acknowledgement. | Tenure of lands so transferred. |
| And be it also enacted, That when there shall be resident in any burgh appointed by this act sixty familys, then such burgh shall have fifteen persons who shall be called brethren assistants of the guild hall, who shall be of common council to the burgh in the making and declaring statutes and ordinances touching or concerning the good reigiment state and governance of the burgh, and from time to time shall be assistant to the director and benchers of such burgh for the time being, that then the constitution shall be held perfect, that thereafter the director and benchers or the major part of them, with the advice and consent of the common councill, or the major part of them, shall have power to raise a levy on their own inhahitants, by such ways and means as they shall think fitt for the necessitys and benefit of the burgh, and shall make, ordain and institute, and under their common seal publish and declare statutes and ordinances for the better rule and governance of the burgh, and of all things happening | Brethren assistants, when to be appointed. Common seal. Jurisdiction. |
| therein or within the precincts, road and harbour thereof, and again the same to revoke and alter, as with the advice and consent aforesaid, shall be found convenient and necessary. | |
| Provided, always, That no statute or ordinance thus to be made, shall be contradictory to act of assembly, nor shall be binding upon any one until it shall have been published three market days in open market, between the hours of nine and eleven in the forenoon, and that the town clerk have it in keeping to give a copy thereof to any one that shall demand it for the charge of fifteen pence fee, for every such statute or ordinance. | Proviso, as to the obligation of statutes. |
| And be it further enacted, That the election of the comon councill or brethren assistants of the guild hall aforesaid, shall be made by the freeholders and inhabitants of each burgh respectively, being men of twenty-one years of age and upwards and not servants, who shall be called together by proclamation from the court of hustings, made three market days successively, in open market, between the hours of nine and eleven in the forenoon, and every member of the comon councill being once chosen so, shall continue so long as he well behaves, or till death or removal from such town, and as one dyes, removes or happens to be suspended, another in like manner shall be chosen in his stead. | Common council or brethren assistants, how elected. |
| And be it further enacted, That the brethren assistants aforementioned, and every of them, at the time of his entering into and upon his said office, shall take such oaths of fidelity to her majesty, her heirs and successors, as shall be from time to time appointed by law for the other people of this colony to take, and also shall take the following oath. | Oaths. |
| The oath of an Assistant. | |
| "YOU shall swear as an assistant of the guild hall of the burgh of A. that to all things proposed, you shall deliver your opinion faithfully, justly and honestly, for the generall good and prosperity of this burgh, and every member thereof, and to do your endeavour to prosecute that without mingling therewith any particular interest of any person or persons wheresoever. So help you God. | Oath of an assistant. |
| And be it further enacted, That when the constitution of any of the burghs appointed by this act shall become perfect as aforesaid, then such burgh shall have one burgess to represent them in the generall assembly of this dominion with the like powers and authoritys to vote and act in the said assembly, as fully and amply as any other burgess hath or ought to have, which burgess shall be returned by the director for the time being of such burgh upon writ to him directed from the governor or commander in chief of this colony for the time being, in the form of the other writts mutatis mutandis, and shall be chosen by the freeholders and house-keepers of the town, being men of twenty-one years of age and upwards. | When a burgh entitled to send a burgess to the general assembly. |
| And for prevention of exactions in the charge of warehouse room, which will most likely happen in the beginning, while there shall be but few houses built, | |
| Be it enacted, That the warehouse rent for any cask containing sixty gallons or upwards, or any bail or parcel of the like or greater bulk, shall be twelve pence for the first day or for the first three months, and six pence for every month afterwards, and for any cask under sixty gallons and every bail or parcel of less bulk than a sixty gallon cask six pence, and three pence in form aforesaid, that these rates shall continue in each burgh respectively, until the director, benchers and common councill shall have been constituted one year and afterwards to be in their power to set and regulate the rates for wharfage, lighteridge and warehouse room, cartage and the like, from time to time as they shall see occasion. | Rates of storage in ware houses. |
| And if any shall exact greater prices for warehouse room than is in this act set down, or after the constitution shall be perfect, shall exact greater prices for wharfage, lighteridge, warehouse room, cartage or other labour than shall be appointed and allowed by the director, benchers and common council of such burgh respectively, he shall be lyable to pay to the party injured ten pence for every penny so exacted over an above the rates aforesaid admitted and allowed, or to be admitted and allowed with cost, cognisable by a justice of the peace of the county, until the director and benchers shall be chosen for such town, and thereafter only by the director or any of the benchers of the | Penalty for exceeding legal rates. |
| saving appeal to the court of Hustings upon security given. | |
| And be it enacted, That the places hereinafter named, shall be the ports meant and intended by this act, and none other place or places whatsoever, (vizt.) | Towns, where established. |
| On James river, Hampton, James City, Flower de Hundred. On Elizabeth river, Norfolk Town. On York river, York town and Tindals point one port, and West point. On North river in Mockjack Bay, at Blackwater on Hills land. On Rappahanoch river, Corrotomen upon the town land formerly appointed in Lancaster county. Middlesex upon the town land formerly appointed Hobbshole. On Wicocomoco river upon col. Coopers land in Potomack district. Potomack creek at the town land in Stafford. Orancocke upon the town land formerly appointed in Accomack. | |
| Provided always, That it shall be lawfull from time to time for any of the inhabitants of the city of Williamsburgh to land or ship off by permit from the officer of any port in York or James river any goods or commoditys in this act mentioned, at either of the publick landings belonging to that city, any thing in this or any other law to the contrary, notwithstanding. | Proviso, as to inhabitants of Williamsburg. |
| And be it also enacted, That at each of the said ports there be forthwith laid out by the common consent of the burgesses and justices of the county wherein such port shall be fifty acres of land, which land so laid out shall be appropriated, and is by virtue hereof appropriated to a town for every such port respectively, and all the lands so laid out or to be laid out and appropriated at the ports aforesaid, and every tract thereof severally | 50 acres of land, to be laid out for a town. |
| and the inhabitants of each of them respectively, are and shall be accounted the free burghs and burghers, meant mentioned and intended by this act, and the inhabitants thereof shall injoy the libertys, freedoms and benefits thereof accordingly, and that the said burghs be named as followeth, (vizt.) | |
| That at Hampton in Elizabeth City county to be called Hampton, and to have Wednesday and Saturday in each week for market days, and the tenth day of October and four following days, exclusive of sundays, annually for their fair. | Names of burghs and fairs. Hampton. |
| That at Norfolk town to be called Norfolk, and to have Tuesday and Saturday in each week for market days, and the third day of October and four following days, exclusive of Sundays, annually their fair. | Norfolk. |
| That at Nansemond town to be called Nansemond, and to have Mundays and Thursdays in each week for market days, and the fifteenth day of October and four following days, exclusive of Sundays, annually their fair. | Nansemond. |
| That at James City to be called James City, and to have Tuesdays and Satturdays in each week for market days, and the twentieth day of October and four following days, exclusive of Sundays, annually their fair. | James City. |
| That at Flower de Hundred to be called Pohatan and to have Tuesday and Satturdays in each week for market days, and the first Tuesday in November and four following days annually their fair. | Powhatan. |
| That at York Town to be called York, and to have Wednesdays and Satturdays in each week for market days, and the first Tuesday in October and four following days annually their fair. | York. |
| That at Black Water to be called Queensborough, and to have Tuesdays and Thursdays in each week for market days, and the last Tuesday in November and four following days annually their fair. | Queensborough. |
| That at West Point to be called Delaware, and to have Tuesdays and Satturdays in each week for market days, and the second Tuesday in September and four following days annually their fair. | Delaware. |
| That at Corrotomen to be called Queens town, and to have Tuesdays and Satturdays in each week for market days, and the third Tuesday in October and four following days annually their fair. | Queens Town. |
| That at Middlesex to be called Urbanna, and to have Tuesdays and Frydays in each week for market days, and the second Tuesday in March and four following days annually their fair. | Urbanna. |
| That at Hobbs Hole to be called Tappahannock, and to have Tuesdays and Satturdays in each week, for market days, and the fifth day of October and four following days, exclusive of Sundays, annually their fair. | Tappahannock. |
| That at Wicocomoco to be called New-Castle and to have Mundays and Frydays in each week for market days, and the second Tuesday in October and four following days annually their fair. | New Castle. |
| That at Yohocomoco to be called Kingsale, and to have Tuesday and Satturday in each week for market days, and the nineteenth day of October and four following days, exclusive of Sundays, annually their fair. | Kingsale. |
| That at Potomac Creek to be called Marlborough, and to have Munday and Fryday in each week for market days and the twenty-fifth day of September and four following days, exclusive of Sundays, annually their fair. | Marlborough. |
| That at Kings Creek in Northampton county to be called Northampton, and to have Tuesday and Satturday in each week for market days, and the twenty-sixth day of September and four following days, exclusive of Sundays, annually their fair. | Northampton. |
| That of Orancock to be called Orancock, and to have Munday and Fryday in each week for market days, and the second Tuesday in October and four following days annually their fair. | Orancock. |
| And be it further enacted, That where any port is by this act appointed to be at a place that hath land already purchased and laid out for a town, such land so laid out, is hereby declared to be the land where the ports and towns appointed by this act shall be settled and built, and where a port or town is appointed by this act at any place not having land purchased for that purpose, the county court is hereby impowered and required to purchase fifty acres of land for the uses in this act mentioned, and if the proprietor of any land designed by this act for a town shall not be willing to make sale of his land or shall demand too great a consideration for it, or shall be a feme covert under the age of twenty-one years or out of the country, in all these cases it shall be lawfull, | Former town land appropriated. |
| for the county court that is to purchase the land, to issue their precept to the sheriff of one of the adjacent countys at their discretion requiring the said sheriff to summon five justices of the peace of his county to appear at such time and place of his county to appear at such time and place as in the said precept shall be directed, to value the land as aforesaid and accordingly the valuation of the said five justices of the peace, or of any three of them upon their oaths (and which oath any justice of the peace of the county whereof the land lyes is hereby impowered to administer) returned under their hands and seals to the next county court and entered upon record there shall be taken as the true value of the land, and thereupon the said county court shall cause the land to be surveyed and laid out into lots or half acres, which shall also be recorded, and upon demand made by the person that hath a lawfull right to have and receive the value of the said land, shall raise the same in tobacco by a levy upon the poll in their county and the conveyance of any proprietor that is willing to make sale of his land or the valuation thereof recorded as aforesaid shall be sufficient in law to vest a firm absolute and indefeasible estate in fee simple, in such feoffees as shall be from time to time appointed by the county court to sell and dispose of the same for the uses aforesaid, and the ffeoffees until the director and benchers shall be elected for such burgh respectively, shall convey and make over unto any person requesting the same and paying the first cost and fifty per cent advance (for the reimbursement of the county) one half acre or lott of land in the said town, reserving the annual rent of one ounce of flax-seed and two ounces of hemp-seed, to be paid the tenth of October in every year to the director and benchers of such town, when they shall be elected, and with this limitation that the said grantee, his heirs or assigns, shall within twelve months next ensuing such grant, begin and without delay proceed to build and finish on the said lott one good house to contain twenty foot square at the least, otherwise such grant to be void and the said lott lyable to the choice and purchase of any other person in manner as aforesaid. | Tenure. Conditions of building. |
| And be it enacted, That the surveyors fee for surveying the town land and laying the same out in streets and lotts and giving a fair plott thereof, shall be five hundred | Surveyor's fee. |
| pounds of tobacco and cask, and as the lotts shall be sold, twenty pounds of tobacco for each lott as it shall be sold. |
| Pages 371-395
| Pages 419-441
|