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| Pages 3-29
| Pages 51-75
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| AT A General Assembly, BEGUN AT |
Alex. Spotswood, Esq. Governor. | ||
| |||
 CHAP. I. | |||
| [From edit. 1733, p. 282.] | ||
| [See acts of 1705, chap. XXXI. ante vol. 3, pa. 362.] | |||
| CHAP. II. An act to continue an act, intituled, An act for appointing Rangers, and for increasing their pay. [See acts of 1711, chap. I.] | |||
| CHAP. III. An act for continuing an act, intituled, An act for laying a duty on liquors and slaves, &c. [See acts of 1705, chap. I. ante vol. 3, pa. 229.] |
| CHAP. IV. | [From edit. 1733, p. 283.] | |
| ||
| I. WHEREAS the provision made, in an act made at a general assembly, begun at the capitol, the twenty-fifth day of October, in the ninth year of the reign of her Majesty Queen Anne, intituled, An act for settling the titles and bounds of Land, and for preventing unlawful shooting and ranging thereupon hath not sufficiently answered the damage and inconveniencies that may happen to infants under the age of twenty-one years, for not seating and planting lands belonging to such infants, or for not paying quit-rents for such lands, according to the directions of the said act: And to the end, the lands of infants may be secured to them from being forfeited for not seating and planting, or not paying quit-rents. | Preamble. See acts of 1710, ch. 13, sec. 23. | |
| II. Be it enacted by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That where any person shall obtain a patent for land, and shall depart this life within three years after the date of the patent, without seating and planting, or paying the quit-rents, according to the condition and limitation in his said patent, and the right of inheritance in the said land shall descend or come to any infant under the age of twenty-one years: in such case, the court of the county in which the parent, or ancestor, of such infant shall depart this life, is hereby required to take security of the guardian or guardians of such infant, duly to answer and pay the yearly quit-rents for all the land that shall descend to such infant, and yearly to inquire how the same is performed. | When guardian to give security for payment of quit-rents, on infant's lands. | |
| III And for the more effectual obliging the guardians of all infants to perform their trust in the premises, Be it enacted, That where there shall not be sufficient distress found upon the land of any infant, to satify the quit-rents due for the same, it shall and may be lawful to and for the sheriff of the county to distrain the goods and chattels of such guardian or guardians, for the paiment of the said quit-rents: And if it shall happen, that either through neglect of the county courts to take such bonds, or of the sherifs to make distress in manner | Sheriff may distrain guardians' effects. |
| aforesaid, the quit-rents for the lands of infants shall not be paid, nor any seating or planting made thereon, the said land shall not be forfeited for not seating and planting thereon, or for not paying the quit-rents for the same, until three years after such infant shall attain to the age of twenty-one years: And if such lands so descending or coming to such infant, shall be seated and planted, and the quit-rents due for the same, from the date of the patent, shall be paid withing three years after such infant shall attain to the age of twenty-one years, the seating and planting, and paiment of quit-rents made within the time aforesaid, shall be adjudged, deemed, and taken, and is hereby declared, and taken, and is hereby declared to be a good and sufficient performance of the condition and limitation in the said patent expressed; any law, custom, or usage to the contrary thereof, in any wise. notwithstanding. | Infant not to be prejudiced by neglect of court or of
guardian, till 3 years after full age. |
| IV. Provided always, and it is hereby declared to be the true intent and meaning hereof, That if the inheritance of [in] any lands not seated not seated and planted, or for which quit-rents have not been paid, according to the condition and limitation in the patent, shall descend to any heir or heirs female, and such heir or heirs female shall marry before she or they attain to the age of one and twenty years: In such case, the three years hereby allowed for seating and planting, or paying the quit-rents, shall be accounted from the time of such coverture, and not otherwise; any thing in this act to the contrary thereof, in any wise, notwithstanding. | Infant females marrying, 3 years to commence from coverture. |
| CHAP. V. An act for appointing rolling-houses* and public landings, and ascertaining the prices of storage. |
[From edit. 1733, p. 284.] |
| WHEREAS it is expedient that proper places be appointed in each county of this colony, where tobacco and other goods and merchandizes may be kept | Preamble. |
|
| |
| * Rolling-houses (now called ware-houses) were at first so denominated, from the mode of rolling the tobacco to market, which was exclusively the manner of transporting it, in the infancy of our country, before waggons were introduced, or the navigation of the rivers above tide waters improved; and which continues to be practised, in a great degree, to the present day. |
| safe and without damage, in order for transportation; as also places for public landing. | |
| II. BE it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all houses now built and used as public rolling-houses, not being distant from a public landing above the space of one mile, shall be and are hereby confirmed and continued, and shall be constantly kept up and maintained by the respective proprietors thereof; and in case of failure therein, it shall and may be lawful for the courts of the respective counties to grant the same to any other person that shall be willing to build a rolling-house thereon, in the manner hereafter directed: And all landings now used as public landings for the shipping of tobacco, or unlading other goods, or merchandizes, are hereby continued and confirmed: And where public rolling-houses are already built, not being within a mile of a public landing, it shall and may be lawful for the county courts to order new rolling-houses to be erected on the same rolling roads, not distant from a public landing above half a mile. | Rolling-houses, or ware-houses, already built, continued. |
| III. And for the conveniency of the inhabitants on the heads of great rivers, and other remote plantations on the south side James River. | |
| IV. Be it also enacted, That where public rolling-houses and landings are not already set out and built, it shall and may be lawful for the courts of the respective counties, upon the application of the inhabitants, for such landings or rolling-houses to be appointed on the land of any person or persons whatsoever, to summon the owner of the said land; or if the owner be under age, or out of the country, the guardian or known attorney, as the case is, to appear and shew cause why a public rolling-house, should not be erected on the said land, or a public landing set out and appointed: And if, upon examination, they shall find that the rolling-house petitioned for, is convenient and necessary, to order and appoint a house to be built thereon for a public rolling-house, by the owner, guardian, or attorney, as aforesaid, so as such rolling houses built, or to be built, be not distant from a convenient landing place above the space of half a mile; and also to direct and appoint such place or places, convenient for boats, sloops, and other vessels to come to, in order to land or | County courts may establish new ones. Mode of acquiring land. |
| take on board such tobacco, or other goods, as shall or may be brought thereunto, to the public landings. | |
| V. And be it further enacted, by the authority aforesaid, That if any owner or owners of any house now built or [and] used for a public rolling-house, or the owner or owners of any land appointed by any of the said county courts for a place whereon to build a public rolling-house, his, her, or their guardian or guardians, attorney or attorneys, shall refuse to suffer or let such house to be made use of for the purpose aforesaid, or to build a good and convenient rolling-house on the place appointed by such county court for the same to be built on, within one year after the time of such appointment made; that then, and in such case, upon the petition of some freeholder or freeholders of the county were the said house is, or land lies, it shall be lawful for such county court, and they are hereby required to order and appoint three or more good and lawful men of their county, upon their oaths, to value and appraise the said house so appointed, together with half an acre of land next adjoining thereto; or to value and appraise half an acre of the land so appointed for a place whereon to build a rolling-house: Which value of the house and half acre, or of the half acre of land appointed for a place whereon to build a rolling-house being paid, or lawfully tendered to the owner or owners thereof, and return of the said order and appraisement to the county court made, the freeholder or freeholders petitioning, as aforesaid, shall be and are hereby declared to be vested in the house and half acre of land, or in the half acre of land appointed for a place whereon to build a rolling-house, to him and them, his and their heirs forever, upon condition, that he and they, his and their heirs and assigns, keep and maintain upon the said half acre of land, such a convenient rolling-house, as the said county court shall, from time to time, direct and appoint; or otherwise the said half acre of land to revert to the former proprietor thereof, his heirs and assigns, or to such other person as will build and maintain a sufficient rolling-house thereon. | How rolling-houses acquired, for the public, where the present owner refuses to build, &c. |
| VI. Provided always, That the house so to be appointed from time to time by such county court, be not a dwelling-house, or any out-house, edifice, or building to a dwelling-house contiguous and belonging or appertaining; and that the half acres of land so to be appointed | Restriction, as to the power of the court. |
| by such county court, for a place whereon to build a rolling-house, be not, at the time of such appointment, the garden, orchard, or court-yard to any dwelling house belonging or appertaining. | |
| VII Provided also, That the proprietor of such half acre appointed for building a rolling-house, having no land adjacent, shall keep no hogs, nor other stock, upon the half acre, but what shall be constantly kept within a sufficient fence upon the said half acre, on penalty of paying five shillings, current money, for every head of horses, mares, neat cattle, sheep, goats, hogs, shoats, or pigs, that shall at any time be found at large upon any of the adjacent lands; to be paid to the owner of such land, and cognizable by a justice of the peace of the county where the trespass shall be committed. | Owner not to keep stock. |
| VIII. And be it also further enacted, by the authority aforesaid, That there shall be paid and satisfied to the owner or owners of such rolling house, by the owner or owners of such tobacco, or other goods, or merchandizes, which shall be lodged and kept therein for storage for the same, the rates and prices following, viz. For every cask containing sixty gallons ro upwards, and every bale or parcel of the like or greater bulk, twelve pence for the first day or for the first three months, and six pence for every month afterwards; and for every cask under sixty gallons, and every bale or parcel of a less bulk than a sixty gallon cask, six pence and three pence respectively for every month, as aforesaid; and for all grain not packed in cask, which shall be brought to and lodged in the said rolling-houses, the price of storage shall be after the rate of twelve pence for sixteen bushels, and so proportionably for a lesser or greater quantity, for the first day, or for the first three months, and six pence for every month afterwards: Which several rates and prices shall be paid and satisfied before such tobacco, goods, or merchandizes, so lodged in the said rolling-houses, shall be taken out or moved therefrom. | Rates of storage. |
| IX. And be it also further enacted, by the authority aforesaid, That if any person, who shall be owner or keeper of such public rolling-house, shall refuse to take in and keep in such rolling house any tobacco, goods, or merchandizes, which shall be rolled or brought to such house; every person so refusing, shall be liable to satisfy, | Penalty on owner for refusing to receive tobacco or goods, or suffering to be damaged. |
| make good, and pay to the owner or owners of such tobacco, goods, and merchandizes, all such damages as he or they shall sustain, by reason of the said tobacco, goods, or merchandizes, not being received and kept in such rolling-house: And the owner or keeper of such public rolling-house shall be liable to an action at common law, for any tobacco, goods, or merchandizes, which shall be lost out of such rolling-house, and for any damage which shall or may happen to such goods, merchandizes, or tobacco, during the time they shall be in the custody, or under the care of such owner or keeper of such rolling-house, for want of due care, or by the neglect of the owner or keeper of such rolling-house, his servant or servants, to the owner or owners of such tobacco, goods, or merchandizes. | ||
| X. Provided always, That if any person or persons shall think him or themselves aggrieved by any judgment or order which shall be given by any county court, for any matter or thing done in the execution of this act, it shall and may be lawful to and for such persons and persons to appeal from such judgment or order to the general court. | Right of appeal to general court. | |
| CHAP. VI. An Act for raising a Public Levy. | ||
| CHAP. VII. | ||
|
| AT A General Assembly, BEGUN AND HOLDEN AT |
Alex. Spotswood, Esq. Governor. | |
| ||
CHAP. I. An Act for preventing frauds in tobacco paiments, and for the better improving the staple of tobacco. |
Repealed by proclamation Nov. 12, 1717. | |
| CHAP. II. | ||
| ||
| CHAP. III. | [From edit. 1733, p. 288.] | |
| ||
| I. WHEREAS the Queen's most excellent Majesty, for the better cultivating and improving of lands, within this her Majesty's colony, hath by her | Preamble. |
| roial instructions, been pleased to direct, that in all grants of lands hereafter to be made, due regard be had to the profitable and unprofitable acres; and that every patentee be obliged in the best and most effectual manner, to cultivate and improve three acres, part of every fifty so granted, within the term of three years after the passing of such grant; and hath also signified her gracious permission, that a law be passed here, conformable to her Majesty's said instructions. And whereas, great part of the lands now to be taken up in this colony, are so barren, that the same cannot be cultivated and tended, with any profit to the owner, until first improved and manured; and others are so stony and rocky, that no person will patent the same, except upon the prospect of the mines and quarries which may be found therein; and many other tracts are full of marshes, swamps, and sunken grounds, unfit, either for cultivation or pasturage, without being first cleared and drained: To the end therefore, that sufficient encouragement may be given for taking up, as well the unprofitable as profitable lands within this dominion, for the encrease and advancement of her Majesty's revenue of quit-rents, and for the benefit of her Majesty's subjects, | |
| II. Be it enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That no survey of lands shall hereafter be made, in order to the obtaining a patent, unless the same be made by a sworn surveyor, duly commissionated for that purpose: And that in all such surveys, the breadth of the tract or dividend so laid out, bear at least the proportion of one third part of the length, except where the courses thereof shall be interrupted by rivers, creeks, or unpassable swamps, or by the bounds of lands theretofore taken up or patented: And upon all surveys hereafter to be made; every surveyor is hereby required and enjoined, to take particular notice, according to the best of his judgment and understanding, how much of the land so surveyed is plantable, and how much thereof is barren and unfit for present cultivation; and accordingly to insert, in the survey and plat by him returned into the secretary's office, the true quantity of each kind of land. | Lands, how to be surveyed. Proportion of the tract. Surveyor to certify quality of the land. |
| III. And whereas divers tracts of land, have been hitherto surveyed for sundry persons, who have not yet obtained patents, in which surveys no distinction is made between plantable and barren lands; nor can the same be known without re-surveying such land, which would be very chargeable and expensive to the persons claiming the same, Be it therefore enacted, That for all lands surveyed before the last day of October, one thousand seven hundred and thirteen, one third part of the tract mentioned in each survey shall be accounted plantable and the other two thirds shall be accounted barren. | Quality of land heretofore surveyed, rated. |
| IV. And be it further enacted, That for every fifty acres of the said land accounted plantable, contained in the tract mentioned in the patent, the patentee shall be obliged, within three years after the date of the said patent to clear, tend, and work three years after the date of the said patent to clear, tend, and work three acres at the least, and so proportionably for a greater or lesser quantity, in some part of the said tract where he shall judge most convenient and advantageous; or else to clear and drain three acres of swamp or sunken grounds, or drain three acres of marsh, if any such be within the bounds of his said tract: And for every fifty acres of the said land accounted barren, as aforesaid, every such patentee shall be obliged to put and keep on the said tract of land, within three years after the date of his grant, the number of three neat cattle, or six sheep or goats, and shall be obliged to keep the said number of neat cattle, sheep, or goats, on the said tract of land, until three acres for every fifty be fully improved, cleared, and tended. | Proportion of arable and barren land to be seated and stocked. |
| V. And be it further enacted, by the authority aforesaid, That if any person shall take up a tract of land, wherein there shall be no part fit for present cultivation, without manuring and improving the same, every such patentee shall be obliged, within three years after the passing such grant, to erect and build on some part of the said tract, one good dwelling house, after the manner of Virginia building, to contain at least twenty foot in length, and sixteen foot in breadth; and also, to put and keep thereon, the like number of three neat cattle, or six sheep or goats, at the least, for every fifty acres of the said land. And where any person shall take up and patent any stony or rocky grounds, not fit for planting or pasturage, if such patentee shall, within three years after the passing of his grant, begin | How barren and stony lands to be improved by patentee. |
| to employ thereon, and so continue to work for three years then next coming, in digging of any stone quarry, coal, or other mines, one good able hand for every hundred acres of the said tract; such improvement shall be accounted and taken to be sufficient seating, planting and cultivation, within the meaning of this act. | |
| VI. Provided always, That every three acres of land which shall be cleared, tended, and worked, as aforesaid; and every three acres which shall be cleared and drained, as aforesaid, shall be accounted a sufficient seating, planting, cultivation, or improvement, to save, forever, from lapsing, fifty acres of land, in any part of the tract contained within the bounds of the same patent; and the patentee, his heirs and assigns, shall at all times thereafter be at liberty to withdraw his stock, or to forbear working in any quarry, or mine, in proportion to such cultivation and improvements, as shall be made upon the plantable lands, or upon the swamps, sunken grounds, and marshes, which are included in the same patent. | When patentee may cease to improve. |
| VII. And whereas divers of her Majesty's subjects, before her Majesty's pleasure was publicly notified concerning the granting of lands, were at great charge and trouble in taking up and surveying divers tracts of land, in expectation of grants thereof, upon the conditions of seating and planting, required by the laws and usages of this colony then in force, and must now relinquish their pretensions to the said lands, with the entire loss of all their charges thereon, unless some further time be given for the improving and saving the same, Be it therefore enacted by the authority aforesaid, That for all lands entared for, and surveyed, before the eighth day of December, in the year, one thousand seven hundred and ten, and for which, patents shall hereafter be sued out, there shall be allowed five years after the date of the patent to each patentee, to make such seating, planting, cultivation, or improvement thereon, as are herein before prescribed and set down respectively. | Time allowed to save lands surveyed prior to 1710, &c. |
| VIII. And be it further enacted, That when any land is sued for, as lapsed, there shall be reserved to the patentee such quantity of his tract of land, as he shall prove to have made a cultivation and improvement sufficient to save the same, according to the directions of this act; and that it shall be in the power of the patentee or possessor of such land, to allot the residue of | Patentee of lapsed land, entitled to so much as he has improved, &c. |
| the land which shall be found to be lapsed, to the person claiming the same, in any part of the tract, in one entire piece. | |
| IX. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to oblige the patentee of any lands heretofore granted, to make any further or other cultivation and improvement thereon, than was required by the laws or instructions in force, at the time of obtain the grant thereof. | Prior grants, to be affected only by the laws then in force. |
| X. Provided nevertheless, That every patentee shall be obliged duly to pay the quit-rents for the said lands; and that upon failure of payment thereof, for the space of three years, at any time after the date of his said patent, all the estate, right, and title of such patentee shall be determined and utterly void, and the said lands, and every part thereof, shall revert to her Majesty, her heirs and successors, notwithstanding the same shall have been seated, planted, cultivated, and improved, in the manner above expressed. | Quit-rents to be paid, or land forfeited. |
| XI. Provided also, That in all grants hereafter to be made, of lands forfeited, for not complying with the condition and limitation in the first grant thereof, the same proceedings shall be had, as in and by one act of assembly, made at general assembly, begun and held at the capitol, the twenty-fifth day of October, in the ninth year of her Majesty's reign, intituled, An act for settling the titles and bounds of lands, and for preventing unlawful shooting and ranging thereupon, are directed and prescribed. | Chap. 13, 1710, sec. 21 |
| XII. And be it also enacted, by the authority aforesaid, That when any person, who hath heretofore taken up and patented, or shall hereafter take up and patent any land, shall have seated, planted, cultivated, or improved the land, or any part thereof, according to the directions above in this act prescribed and laid down such patentee may make proof of such seating, planting, cultivation, and improvement, in the general court, or in the court of the county where such land shall lie, and have such proof certified to the secretary's office, and there entred, with the record of the said patent; a copy of which shall be admitted as good evidence on any trial, to prove the seating and planting of such land. | How, and where proof of seating, &c. may be made. |
| XIII. And be it further enacted, That all lands hereafter seated, planted, cultivated, or improved, according | Effect of saving land, according |
| to the directions, and within the time in this act mentioned, shall not be deemed or taken to be forfeited, for not complying with the condition of cultivating and improving, mentioned in the grant thereof. | to this act. |
| XIV. And to the end, her Majesty may be fully informed, how far the several clauses and provisos in this act contained, are agreeable to her Majesty's roial intentions, before the same be put in execution, Be it enacted, That this act shall commence and be in force from and after the first day of December, which shall be in the year of our Lord, one thousand seven hundred and fourteen, unless her Majesty shall be pleased, in the mean time, to signify her disapprobation or disallance [disallowance] thereof. | Commencement of this act. |
| CHAP. IV. | |
| An Act for registring Births, Christnings, and Burials. | [From edit. 1733, p. 291.] |
| I. WHEREAS it is judged convenient, that an exact and regular account of all persons who shall be born, christned, or buried in this colony, should be kept, and an act made at a grand assembly, held at James City, the twenty third day of March, in the year one thousand six hundred sixty-two, requiring, among other things, registers of births and burials to be kept, hath for a long time been disused, and the method prescribed in the said act, hath not answered the end for which it was intended. | Preamble. |
| II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this General Assembly, and it is hereby enacted, by the authority of the same, That from and after the twentieth day of April, next after the end of this session of assembly the parents of every child which shall be born free, or one of them, and the master, owner, or overseer, of every child which shall be born a slave, shall, within twenty days after the birth of such child or children, give notice, in writing, of the birth of such child or children, together with the name of the owner or master of such child born in slavery; and shall distinguish whether such child or children be male or female, to the minister of the parish where such | Births to be notified to minister, or clerk, within 20 days. |
| child or children shall be born; and if there shall be no minister of the said parish, then, and in such case, the notice shall be given, as aforesaid, to the clerk of the said parish, or of the church or chappel nearest to the place where such birth and births shall be: And if any parent of a child born free, or the master, owner, or overseer of any child which shall be born a slave, shall neglect or refuse to give such notice, within the time herein before limited for doing thereof, every parent, master, owner, and overseer, so neglecting or refusing, shall forfeit and pay two hundred pounds of tobacco for every offence. | Penalty. |
| III. And be it also enacted, by the authority aforesaid, That from and after the said twentieth day of April, the master or mistress of every family or house, where any person, being free, shall die, and the master, owner, or overseer of any slave, who shall die, and the master, owner, or overseer of any slave, who shall die, shall, within twenty days after the death of such free person or slave, give notice in writing of the death of such free person, and of the death of such slave, and the name or names such slave was called by, together with the names of the master or owner of such slave, to the minister of the parish, where such free person or slave shall die; or if there shall happen to be no minister of the said parish, then the notice of such death shall be given, as aforesaid, to the clerk of the said parish, or to the clerk of the church or chapel nearest to the place, where such free person or slave shall die. And if any master or mistress of any house or family, where any free person shall die, or the master, owner, or overseer of any slave dying, shall neglect or refuse to give notice of such death, within the time herein before for that purpose limited and appointed, every master and mistress of such house or family, and every master, owner, and overseer of such slave so dying, who shall neglect or refuse to give such notice, shall forfeit and pay two hundred pounds of tobacco for every offence. | Deaths in like manner. Penalty. |
| IV. And be it further enacted, by the authority aforesaid, That from and after the said twentieth day of April, the minister of every parish within this colony, shall keep a fair and exact register of all the births and deaths of the persons within his parish, of which notice shall have been given to him; according to the directions of this act; as also of all persons which shall be | To be registered, by minister. |
| baptized by him: And the clerk of every parish church or chappel, whereof there shall be no minister, shall keep a fair and exact register of all the births and deaths of the persons within the parish or place whereof he shall be clerk, of which he shall have had notice, in manner as is above directed: In which said register shall be expressed and distinguished, the names of the persons which shall be born free, and of their parents, and the names of the persons which shall be baptized, and the names of the master or owner of the slaves which shall be born, and whether such slave be male or female; and also the names of all persons dying, together with the names of the master or owner of the persons dying in slavery; a fair and true copy of which register, signed by the minister or clerk keeping the same, shall, on the twentieth day of April, and on the twentieth day of October, in every year, by him be returned to the office of the secretary of this dominion: For the keeping and returning of which said register, as above directed, there shall be satisfied and paid to the minister or clerk respectively keeping the same, three pounds of tobacco for every person so registred: The fee for registring of the births and christenings of all free persons, shall be paid by the parent of such child; and the fee for registring the births of all slaves, shall be paid by the owner of such slave; and the fee for registring the death of all free persons, shall be paid by the person who shall give notice of such death; and the fee for registring the death of all slaves, shall be paid by the owner of such slaves: All which fees for registring, shall and are hereby declared to be distrainable. And if any minister or clerk shall neglect or refuse to keep or return such register, in manner before in this act appointed, every minister and clerk so refusing or neglecting to keep or return such register, shall forfeit and pay two hundred pounds of tobacco for every month he shall refuse or neglect to keep or return the same. | How registered. Register to be certified to secretary's office. Fees. How paid. How collected. Penalty for failing to keep, or return register. |
| V. And be it further enacted, by the authority aforesaid, That one moiety of all the forfeitures and penalties, above by this act inflicted and laid, shall go and be to the use of the parish where the person forfeiting the same shall reside, at the time such forfeiture shall become due; the other moiety to him or them who will inform or sue for the same: Every of which forfeitures | Penalties how recoverable and appropriated. |
| and penalties shall and may be recovered be fore one of her Majesty's justices of the peace. | |||
| VI. And be it further enacted, by the authority aforesaid, That this act shall be publicly read in all parish churches and chappels within this colony, twice in every year; that is to say, on some Sunday in March, and on some Sunday in September, immediately after divine service, by the minister, reader, or clerk of each parish, under the penalty of two hundred pounds of tobacco for every such omission or neglect: And the churchwardens of every parish are hereby required to provide a copy of this act, at the charge of the parish; and every churchwarden and churchwardens who shall neglect to provide such copy, shall forfeit and pay five hundred pounds of tobacco; one moiety of which said two hundred pounds of tobacco, and of the said five hundred pounds of tobacco, shall go and be to the use of the parish where such forfeitures shall become due; the ather moiety to him or them who will inform or sue for the same. | This act to be read in churches, &c. Duty of churchwardens. | ||
| VII. 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 registring births, christenings, or deaths, or to the fees given for the same, 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. V. | |||
| (See vol. 3, p. 498.) | ||
| CHAP. VI. | |||
| From edit. 1733, p. 293. | ||
| I. WHEREAS an act of assembly, made at a general assembly, begun at the capitol, the twenty-third day of October, in the fourth year of the reign of | Act of 1705, ch. 53, (vol. 3, p. 469.) |
| our sovereign lady Anne, of Great-Britain, France, and Ireland, Queen, and in the year of our Lord one thousand seven hundred and five, intituled, An act for the regulation and settlement of ferries, and for dispatch of public expresses, hath been by experience found very useful and necessary: And whereas the said act is to continue in force until the end of this present session of assembly, and no longer. | made perpetual | ||
| II. Be it therefore enacted, by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That the said act, with all the clauses, powers, matters, and things therein contained, shall be and continue in force, and is hereby perpetual. | |||
| CHAP. VII. | |||
| [From edit. 1733, p. 294.] | ||
| I. WHEREAS an act made at a general assembly, begun at the capitol, the twenty-fifth day of October, in the ninth year of the reign of our sovereign lady Queen Anne, intituled, An act prohibiting seamen being harboured or entertained on shore, is found by experience to be a useful and beneficial law, and is now expired: | Act of 1710, ch. 3, (vol. 3, p. 486) revived & made perpetual. | ||
| II. Be it therefore enacted by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That the said act, with all the clauses, powers, matters, and things therein contained, shall be, and is hereby revived, continued, and made perpetual, to all intents, constructions, and purposes whatsoever. | |||
| CHAP. VIII. | |||
| [From edit. 1733, p. 294.] | ||
| I. WHEREAS it is found by daily experience, that the great number of horses and mares, kept by persons who have no freehold or tenancy in lands, and suffered to go at large on the lands of other persons, | Preamble. |
| is not only prejudicial to the breed of horses, but also injurious to the stocks of cattle and sheep of this colony: For remedy thereof, | |
| II. Be it enacted by the Lieutenant-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 thirtieth day of June next after this session of assembly, no person whatsoever, being an inhabitant of this colony, and not having a freehold of fifty acres of land, or possessed of, & occupying a quantity of land, or tenement of the value of twenty pounds, or not being a tenant of, and occupying lands or tenements, for which he shall pay five hundred pounds of tobacco, or fifty shillings in money, or the value of so much money or tobacco, yearly, shall keep, as owner or proprietor thereof, any stoned horse, or unspaid mare, or any more than one gelding, or one spaid mare. And if any inhabitant of this colony, not having such freehold, or not being possessed of such land, tenement, or tenancy, shall, after the said thirtieth day of June, presume to keep, as owner thereof, any stoned horse or mare, or any more than one gelding or one spaid mare, it shall be lawful for any person to take up such stoned horse or mare, and every gelding or spaid mare, above one, kept by such person: And the person taking up such horse, mare, or gelding, shall, within three days next after such taking up, and three days at the least before the day on which the court is to be held for the county, where the owner of such horse, mare, or gelding, so taken up, shall reside, give notice in writing to the owner of such horse, mare or gelding, of such taking up: And if the owner of such horse, mare or gelding, of such taking up: And if the owner of such horse, mare or gelding, so taken up, shall not appear at the next court of such county, and make due proof that his is an inhabitant of some place out of this colony, or that he hath such a freehold, or is possessed of such land, tenement, or tenancy; that then, and in such case, all and every such horse, mare, and gelding, shall from thenceforth be the proper goods of the person taking the same up, as aforesaid: but if such notice cannot be given three days before the court-day next after the taking up of such horse, mare or gelding, that then the person, to whom such notice shall be given, shall not be obliged to appear at the court, until the court-day succeeding the court-day next after notice was given. | Who disqualified from keeping more than one gelding, or spayed
mare. Proceedings against persons disqualified. |
| III. And for the better improving the breed of the horses of this colony, Be it further enacted by the authority aforesaid, That from and after the said thirtieth day of June, no person whatsoever, shall have or keep upon any woodland grounds, marshes, or other waste grounds, not having a sufficient fence about the same, any stoned horse, being of the age of two years, and not of the height of thirteen handful and a half, to be measured from the lowest part of the hoof of the fore-foot, to the highest part of the wither, each handful to contain four inches of the standard, upon penalty of forfeiting of such stoned horse, or four hundred pounds of tobacco, and cask, for every such horse, which shall be so found in or upon any such grounds, not inclosed, as aforesaid. And that it shall and may be lawful, for any person or persons that shall find any such stoned horse running at large, contrary to the intent and meaning of this act, to seize, and carry the same before some justice of the peace for that county, and before him make proof, by his or her own oath, and the oath of one other person at the least, that he, she, or they did find and take up such stoned horse, running in such uninclosed grounds: And after such proof made, the said justice of the peace is hereby authorized and required forthwith, to cause the said horse to be measured; and if it shall appear that the said horse is not of the size herein before prescribed, the said justice shall certify the same, under his hand; and thereafter it shall and may be lawful to the person or persons who took up the same, to have and keep the said toned horse to his or her own use, as his or her own proper goods and chattels. | Stoned horses, of certain age and size, going at large,
forfeited. Proceedings. |
| IV. Provided nevertheless, and it is the true intent and meaning of this act, That every person or persons that shall take up any such stoned horse, and receive certificate thereof; in manner aforesaid, shall be and is hereby obliged to give public notice thereof, by setting up notes at the door of the court-house of that county, and the church of that parish wherein such taking up shall be, describing the marks, colour, and brand of such horse so taken up: And if, within two months from and after such publication, the owner of such horse shall come to the person or persons who took up the same, and shall tender four hundred pounds of tobacco, and cask, to be immediately paid, or secured | Notice. Right of redemption. |
| to be paid at the next succeeding crop, such owner shall recover and redeem such horse from the forfeiture herein before mentioned. | ||
| V. Provided also, and be it further enacted, That no overseer not having land of his own, in the county wherein he resides, nor any servant whatsoever, shall be owner of any unspaid mare, nor shall keep any horse, mare, or colt, without the licence, in writing, of his master or mistress; neither shall any such overseer or servant keep any more than one, although the master or mistress shall grant such licence, as aforesaid, upon pain of forfeiting every such horse or mare, to any one that will inform for the same, recoverable before any justice of the peace in the county wherein the offence shall be committed. | Overseers and servants, not to keep horses without a licence. | |
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CHAP. IX. | ||
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CHAP. X. An Act for raising a Public Levy. CHAP. XI. An Act for dividing St. Mary's Parish. |
| CHAP. XII. | ||
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| Signed by ALEXANDER SPOTSWOOD, ESQ. Governor. PETER BEVERLY, Speaker. |
| Pages 3-29
| Pages 51-75
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