Hening's Statutes at Large

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AT A

General Assembly,

BEGUN AT Alex. Spotswood, Esq. Governor.

The Capitol, the twenty-second day of October, in the
eleventh year of the reign of her late Majesty Queen
Anne and in the year of our Lord, 1712; and thence
continued, by several prorogations, to the sixteenth
day of November, in the first year of the reign of our
sovereign lord George, by the grace of God, of Great-
Britain, France, and Ireland, King, defender of the
Faith, &c. annoq; domini, 1714; and then held pursu-
ant to an Act of Assembly, made in the fourth year of
the reign of her said late Majesty, intituled, An act
for the continuing of General Assemblies, in case
of the death or demise of her Majesty, her heirs
and successors, &c.

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CHAP. I. [From edit. 1733, p. 297.]

An act for regulating and setting the current rates of Gold Coin, and of British Silver Coin, in this Dominion.

I. WHEREAS the rates at which foreign coined gold hath passed in this colony, have hitherto been unsettled, and some of them disproportionate to others of the same intrinsic value, and all unequal to the coined gold of Great-Britain: Wherefore, for ascertaining the rates thereof, as near as may be, at an equal value.

Preamble.

II. Be it enacted by the Lieutenant-Governor, the Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the several species of gold coin, herein after mentioned and set down, shall be current, within this his Majesty's colony and dominion, in all paiments, for the discharging any contracts, bargains, or debts, to be made or contracted after the publication of this act; and shall pass, be accounted, and received at the following rates. Rates of gold coin.

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LAWS OF VIRGINIA, NOVEMBER 1714−−1st GEORGE I.


that is to say: All pieces of British gold coin, not milled, and all Spanish or French coined gold, all pieces of coined gold of the Empire, all Chequeens and Arabian pieces of gold, and Moidores of Portugal, and all lesser pieces of that species, shall pass and be current, according to their respective weights, at and after the rate of five shillings the penny-weight: And all guineas shall pass and be current, at twenty-six shillings a piece, and the half guineas in proportion.	Guineas.
III. And, whereas the silver coin of Great-Britain, called sterling, doth now pass at a lower rate, in this colony, than the coin of foreign princes and states, current here: For rectifying whereof.
IV. Be it enacted by the authority aforesaid, That the several pieces of sterling milled money, called crowns, half crowns, shillings, and six-pences, shall pass, be accounted, and received, in all paiments, for the discharging any contracts, bargains or debts, to be made or contracted after the publication of this act, at the rate of five shillings and ten pence for each milled crown, and all half crowns, shillings, and six-pences, according to that proportion: And that all old British silver coin, not milled, shall pass at the rate of three pence three farthings the penny-weight. And if any person or persons whatsoever, deny or refuse to take and receive the aforesaid coins of gold or silver, or any of them, when offered or tendered in paiment of a money-debt, contracted after the publication of this act, at the full rate, price, and value set by this act, he, she, or they so refusing, shall lose and forfeit to the person offering or tendering the same, such sum or sums of money, as he, she, or they so refuse or deny to take: To be recovered by action of debt, or information, in any court of record, in this dominion; wherein no essoin, protection, or wager of law shall be allowed. And if the said forfeiture shall be less than twenty shillings, to be recovered before any justice of the peace of the county where the refusal shall happen to be made.	Silver coin. This section repealed by ch. 9, 1727.
V. And be it further enacted, by the authority aforesaid, That if any person or persons shall at any time or times hereafter, coin, counterfeit, falsify, or debase any of the coins above in this act mentioned, or shall be aiding, consenting, or counselling therein, he, she, or they so offending, and being thereof lawfully convicted,	Counterfeiting high treason.

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LAWS OF VIRGINIA, NOVEMBER 1714−−1st GEORGE I.

shall be deemed and adjudged as guilty of high treason; and shall suffer such pains, penalties, and forfeitures, as are inflicted and laid on offenders in such cases, by the laws of England.

VI. Provided nevertheless, and it is hereby meant and intended, That nothing in this act contained, shall extend, or be construed to extend, to any money paiment already due, or to the paiment of any of the revenues of his Majesty, arising within this colony, or to any salaries paiable out of the same, or to any paiment to be made for any debt due on a bill of exchange protested, or on any specialty expressed to be due in sterling money, or on any debt contracted in Great-Britain.

Exceptions out of this act.

VII. Provided also, and it is hereby declared, That nothing in this act contained, shall extend, or be construed to extend, to restrain his majesty from regulating or settling the several rates of the said several species of foreign coins of gold, or of British coins of gold or silver, within this colony and dominion, in such other manner, and according to such rates and values, as his Majesty, by his roial proclamation for that purpose to be issued, or by his roial instructions to his governor, or commander in chief of this dominion, for the time being, shall, from time to time, judge proper and necessary.

Not to affect royal prerogative.

CHAP. II.

An	Act to oblige owners and occupiers of Mills, to which Public Roads shall lead, to make the Dams of such Mills ten foot wide at the top.

[From edit. 1733, p. 299.]

I. WHEREAS the convenience designed for travellers, and persons transporting goods and merchandizes from one place to another, in carts and other carriages, by enlarging the public high roads of this colony, is in a great measure taken away, by reason several mill-dams, over which such roads do lead, are so narrow that carts and carriages cannot pass over them: For remedy whereof,

Preamble.

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 last day of November, which shall

Width of roads passing over mill dams.

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be in the year of our Lord Christ, one thousand seven hundred and fifteen, all and every the mill-dams already built, or that shall hereafter be made and built, on any of the great roads within this colony, which by law are appointed to be cleared, as public roads, and the bridge at the flood-gates, and the passage at the peer-head of the mill to which such dam shall belong, shall be substantial and strong, and of the breadth of ten foot at the least at the top, for the whole length of such dam, bridge, and passage: And if any such mill-dam, bridge, or passage, shall, after the said last day of November, be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage, the owner and owners, or the occupier and occupiers of such mill, shall forfeit and pay two thousand pounds of tobacco. And if such mill-dam, bridge, or passage, shall, after the said last day of November, continue, or be suffered to be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage, that then the owner and owners, or the occupier and occupiers of such mill, shall forfeit and pay two hundred pounds of tobacco for every month after the said last day of November, which such mill-dam, bridge, or passage, shall continue, or be suffered to be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage. And if the owner or owners of such mill shall be under the age of twenty-one years, or shall reside out of this colony, that then the guardian of such infant, and the attorney of such owner, who shall reside out of this colony, shall, at the charge of such infant, and owner, residing out of this colony, by the said last day of November, make, and afterwards keep such mill-dam, bridge, and passage, of the breadth above by this act directed for the whole length of such dam, bridge, and passage, under the same penalties and forfeitures, as are before by this act given for not performing thereof, by the owner and owners, or occupier and occupiers of such mills: All which forfeitures and penalties shall and may be recovered, by action of debt, bill plaint, or information, in any court of record in this dominion, by the owner of any other mill in the same county, whose dam shall be sufficient, according to the direction of this act, and who shall first sue for the same, for and towards the keeping the said dam in repair. And if there be no	Penalty. Provision as to infants, &c. Penalties, how recoverable and paid,

be in the year of our Lord Christ, one thousand seven hundred and fifteen, all and every the mill-dams already built, or that shall hereafter be made and built, on any of the great roads within this colony, which by law are appointed to be cleared, as public roads, and the bridge at the flood-gates, and the passage at the peer-head of the mill to which such dam shall belong, shall be substantial and strong, and of the breadth of ten foot at the least at the top, for the whole length of such dam, bridge, and passage: And if any such mill-dam, bridge, or passage, shall, after the said last day of November, be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage, the owner and owners, or the occupier and occupiers of such mill, shall forfeit and pay two thousand pounds of tobacco. And if such mill-dam, bridge, or passage, shall, after the said last day of November, continue, or be suffered to be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage, that then the owner and owners, or the occupier and occupiers of such mill, shall forfeit and pay two hundred pounds of tobacco for every month after the said last day of November, which such mill-dam, bridge, or passage, shall continue, or be suffered to be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage. And if the owner or owners of such mill shall be under the age of twenty-one years, or shall reside out of this colony, that then the guardian of such infant, and the attorney of such owner, who shall reside out of this colony, shall, at the charge of such infant, and owner, residing out of this colony, by the said last day of November, make, and afterwards keep such mill-dam, bridge, and passage, of the breadth above by this act directed for the whole length of such dam, bridge, and passage, under the same penalties and forfeitures, as are before by this act given for not performing thereof, by the owner and owners, or occupier and occupiers of such mills: All which forfeitures and penalties shall and may be recovered, by action of debt, bill plaint, or information, in any court of record in this dominion, by the owner of any other mill in the same county, whose dam shall be sufficient, according to the direction of this act, and who shall first sue for the same, for and towards the keeping the said dam in repair. And if there be no

Penalty.

Provision as to infants, &c.

Penalties, how recoverable and paid,

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such owner of a mill in that county, or if such owner do not sue in two months after the forfeiture incurred, then by the churchwarden or churchwardens of the parish where such mill shall be, for the use of the poor inhabitants of such parish.
III. Provided always, That where any such mill shall be in the tenure or occupation of any tenant, who shall not have a term therein for more than two years after the said last day of November, such tenant shall not be obliged, by virtue of this act, to make or keep the dam, bridge, or passage, to such mill belonging, of such breadth as is above by this act required, nor shall be liable to any the said penalties or forfeitures for not performing thereof: but that in such cases, the owner or proprietor of such mill shall be obliged to do and perform the same, under the forfeitures and penalties aforesaid.	Saving, as to tenant.
IV. Provided also, That if any of the mill-dams, peer-heads, or flood-gates, aforesaid, shall happen to be destroied, or carried away by violent rains, or any other accident, the owner or owners thereof, shall not be liable to any of the penalties afore-mentioned, until one month after such mill hath ground at least one bushel of corn, or other grain, for toll.	Proviso, where the dam is destroyed.

CHAP. III. An act for erecting a Magazine.	[From edit. 1733, p. 300.]
I. WHEREAS our late sovereign lady queen Anne, of her grace and bounty, was pleased to bestow a considerable quantity of arms and ammunition, for the service of this colony, which are in danger to be imbezzled and spoilt, for want of a convenient and proper place to keep them in.	Preamble.
II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of the present General Assembly, and it is hereby enacted by the authority of the same, That as soon as conveniently it may be done, there shall be erected and finished one good substantial house of brick, which shall be called the magazine, at such place as the lieutenant-governor shall think proper: In which magazine, all the arms, gun-powder, and ammunition, now in this colony, belonging to the king,	Magazine to be built.

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or which shall at any time hereafter be, belonging to his majesty, his heirs or successors, in this colony, may be lodged and kept. For the building and finishing which magazine, there shall be laid out and expended any sum or sums of money, not exceeding two hundred pounds; to be levied and paid out of the monies arising by the duty on liquors & slaves, after the monies arising by the duty on liquors & slaves, after the monies already appropriated and ordered to be paid out of the said duty, are fully satisfied and paid: And the honourable the lieutenant-governor is hereby impowered and desired to order and direct the building the said magazine, and to issue his warrant, from time to time, on the treasurer of this dominion, for the paiment of the money hereby given.	Power of governor.
III. And be it further enacted, by the authority aforesaid, That so soon as the said magazine shall be fit to receive therein the arms and ammunition, it shall and may be lawful for the lieutenant-governor, or the governor or commander in chief of this dominion, for the time being, to constitute and appoint a person to look after and take charge of the magazine, and the ammunition which shall be lodged therein; which person so appointed, shall be called the keeper of the magazine, who shall have and receive the yearly salary of twenty pounds: And also to constitute and appoint one other person to take care of, keep clean and mend the arms which shall be kept in the said magazine; which person shall be called the armourer, who shall have and receive the yearly salary of twenty pounds. Which said salaries of twenty pounds hereby given to the keeper of the magazine, and to the armourer, shall be paid & satisfied yearly, out of the monies already appropriated and ordered to be paid out of the said duty, shall be fully satisfied and paid.	Keeper. His salary. How paid.
IV. And be it further enacted, by the authority aforesaid, That when, and so soon as there shall be a company erected and incorporated by charter, or act of assembly, by the name of the Virginia Indian Company, or by any other name, to trade with the Indians tributary to this government, or foreign; such company shall, before they be permitted to use or exercise their said trade, pay to the treasurer of this dominion, the sum of one hundred pounds, in part of such money as shall have been laid out and expended, by the	Duties, payable by Virginia Indian Company.

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directions of this act, for building and finishing the said magazine.
CHAP. IV. An Act for altering the day for Princess-Anne County Conrt, and the day for Essex County Court. CHAP. V.
An Act for continuing an Act, intituled, An act for prevention of abuses in Tobacco shipped on freight.	[From edit. 1733, p. 301.]
I. WHEREAS an act of assembly, made at a grand assembly, begun at the capitol, the twenty-fifth day of October, in the ninth year of the reign of our late sovereign lady Anne, of Great-Britain, France and Ireland, Queen, and in the year of our Lord, one thousand seven hundred and ten, intituled, An act for prevention of abuses in tobacco shipped on freight, hath been by experience found very useful and necessary: And whereas the said act is to continue in force till the end of this present session of assembly, and no longer.	Preamble.
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 clauses, powers, matters, and things therein contained, shall be and continue in force, and is hereby made perpetual.	Act of 9 Anne, ch. 8, made perpetual.
Signed by ALEX: SPOTSWOOD, ESQ. Governor. PETER BEVERLEY, Speaker.

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AT A

General Assembly,

BEGUN AT

The Capitol, on the third day of August, in the second
year of the reign of our sovereign lord George, by
the Grace of God, of Great-Britain, France and
Ireland, king, defender of the faith, &c. Annoq; Do-
mini, 1715.

Alex. Spotswood, esq. Governor.

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CHAP. I

An act for the encouragement of such persons as have gone and shall go voluntarily into the service of South-Carolina.

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CHAP. II.

An Act for raising a Public Levy.

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CHAP. III.

An act requiring the Vestry of the Parish of Henrico, to build a Chapel in the said Parish.

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Signed by ALEX: SPOTSWOOD, ESQ. Governor.
DANIEL M'CARTY, Speaker.

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AT A

General Assembly,

BEGUN AT Alex. Spotswood, es. governor.

The Capitol, the twenty-third day of April, in the
fourth year of the reign of our sovereign lord George,
King of Great-Britain, France and Ireland, An-
noq; Domini, 1718.

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CHAP. I.

An act for settling the Fees of the Secretary's, County, Court Clerks, Sherifs, Coroners, and Constables; and for ascertaining the Fees of Attornies to be allowed in a bill of Costs.*

[From Beverley's abr. p. 138.

ATTORNEY'S fee in the General Court, 50s. or 500 pounds of Tobacco.
Attornies fees.

Attorney's fee in the county court, 15s. or 150 pounds of tobacco.

Where the plaintiff recovers judgment, if the court finds that the defendant did unjustly and vexatiously delay the plaintiff, may allow him one attorney's fee in the bill of costs, if he imploy'd any in his suit. When taxed in a bill of costs.

Officers fees are settled according to the insueing table, and may be distrained by the sheriffs, or deputies, within three years, and no action to lie if distress is to be had. What fees distrainable.

A copy of the secretaries fees shall be set up in a publick place in the secretaries office, and there constantly Table of fees to be set up.

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* This act having expired, was omitted in the revisals of 1733 and 1752; it is here inserted from Beverley's Abridgment, page 138, and is, in fact, a mere abridgment.

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

kept by the secretary, or his deputy; on penalty of 1,000 pounds of tobacco to the informer, for every day it shall be missing by neglect.

A copy of all the other fees shall be set up in the county court rooms, and the clerks office of the county, and there constantly kept by the respective clerk, on penalty of 1,000 pounds of tobacco to the informer, for every day they or any of them shall be missing by neglect.

The penalties recovered with costs by action of debt, bill, bond, plaint, or information, &c. Provided prosecution be within six months of the omission, and not after.

Penalties.

A	table of Secretary's fees for the several particular articles herein after expressed, chargeable on the persons obtaining the same.

lbs.

tob.

For making out and recording a single patent for
land, and all fees incident thereto.

For making out and recording a double patent for
land, and all fees incident thereto.

120

For a copy of a single patent.

For a copy of a double patent.

For a probate of a will, and all fees incident thereto,
if the estate exceed 10l. or 2000l. of
tobacco, and be not above 50l. or 10,000l. of
tobacco, upon lawful appraisement.

250

For such probate, and all fees incident thereto, if
the estate exceed 50l. or 10,000l. of tobacco,
upon lawful appraisement.

400

If there happen to be no appraisement, then the
fees for the probate of any will.

350

For administrations, the like fees in each case as for
the probates.

lbs.

tob.

For an administration, with the will annexed of
an estate, not exceeding 50l. or 10,000l. of
tobacco, and all fees incident thereunto.

350

For such administration, with the will annexed of
an estate, exceeding 50l. or 10,000l. of tobacco.

500

For proving and recording a codicil to a will,
and all fees incident thereunto.

100

For a copy of a will, and certificate of the proof.

For a copy of a probate of a will, or commission
of administration.

Secretary's fees.

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For proving a will at common law, summoning the heir, and all fees incident thereto.	500
For a copy of a codicil, and proof.	40
For a copy of an inventory, or inventory and appraisement.	40
Deeds for Land.
lbs.	tob.
For entring the order for recording the deeds.	16
For acknowledging or proving a deed or lease in court, and endorsing such acknowledgment or proof, on the deed or lease, and recording the same.	80
For order and recording a relinquishment of dower and endorsements.	50
For acknowledging or proving, und recording deeds of partition, and all fees incident there- unto, each party to be charged the same as for a single deed, and for a copy of each part, the same as for a copy of a single deed.
For acknowledging or proving, and recording a receipt of the consideration-money, with the minute and endorsements.	80
For recording memorandum of livery or seizin, with the minute and proof, or acknowledgment.	56
For a copy of the whole record of such deed.	60
For a copy of the receipt, and the acknowledgment or proof of it.	30
For acknowledging or proving, and recording a bond to perform covenants, or such like, with the minute endorsement, and all fees incident to the doing thereof.	40
For a copy of the whole record thereof.	40
For acknowledging or proving, and recording a letter of attorney, and for all fees incident thereto.	70
For a copy of the whole record thereof.	40
For recording a deed for any personal matter, or such like paper, the order, acknowledgment, or proof, and fees incident thereto.	70
For a copy of the whole record thereof.	40
For recording an inquisition on view of a dead corps, to be paid by the county.	30
But if the dead person's estate be sufficient, the court of the county to levy it on his estate.

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lbs.	tob.
For a hue and cry.	30
For a pass made out upon certificate from a county court clerk of any person's removal, recording and filing the certificate, 7s. 6d. current money.
And if a bond be given for such pass, then for the bond, pass, recording the issuing of the pass in the secretary's office, and filing the bond ten shillings current money.
For summons for a counsellor or sheriff at the suit of any person, or docketing thereof.	20
For an original writ, and docketing thereof.	15
For dismission, when there is no further proceedings on such writ or summons.	15
For filing the copy of the bail bond, returned with the writ,	6
For docketing an appeal, and returning it into court.	10
For a declaration, petition or information.	25
For a plea, replication, or demurrer, &c.	25
For entring a declaration, petition, information, plea, or demurrer, &c.	6
For filing any paper or evidence relating to a cause in court.	6
For endorsing the court's order on the declaration or plea, as the case is.	6
For an order or judgment.	15
For returning on the docket, the continuance of an action or petition.	10
For a subpoena of an evidence.	15
For writing a deposition in any cause.	15
For a written deposition.	10
For administring the oath thereto, and indorsing the deposition.	10
For recording the deposition with the indorsement, if required.	25
For a copy of the whole record thereof.	25
For administring an oath, or Quaker's affirmation, without a deposition in writing.	10
For swearing a jury, if done in court, and recording the pannel and verdict.	40
For recording a surveyor's report on land, and endorsing and filing the same.	42
For recording the jury's report, and endorsing and filing the same.	42

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lbs.	tob.
For recording the report of an audit, or account stated, endorsing and filing the same.	42
For entring each attorney's appearance on the docket, one in an action.	10
For filing a warrant of attorney.	6
For recording a warrant of attorney, if desired.	20
For a judicial writ.	30
For noting the issuing in the margent of the record.	6
For adding a bill of costs to the judgment.	6
For a bill of costs.	6
For the recording the return of a judgment satisfied, or execution, whether the execution be returned or not.	20
For recording the return of an attachment where the goods are attached, and the attachment shall be proceeded in for want of replevin, or appearance of the defendant, but not else, and endorsing and filing the same.	46
For recording the appraisement of goods attached and condemned, and endorse and file.	46
For entring an appeal from the court's judgment,	15
For an appeal bond.	20
For acknowledging and recording thereof, and all fees incident.	60
For a commission to examine witnesses.	50
For a subpœna to answer in chancery.	20
For a bill, answer, demurrer, &c. in chancery.	40
For orders and decrees in chancery, and all other proceedings, as for the like at common law.
For a search of any business not depending in court, and being above a year's standing.	10.
For recording the written pleadings in the making up of the judgments in any suit, the lik- fees as for the pleas themselves.
For a recognizance in court.	20
For a copy of any thing not herein particularly assessed, the same fee as for the thing itself, or recording it.
For a certificate of a right or rights for land upon a county court certificate produced, and entring the right in a book for that purpose.	15
For proving a right or rights for land, and all fees incident.	20

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l. to.
For recording an escheat warrant, and filing it.	42
For recording the inquisition, and filing and endorsing it.	42
For a scire facias.	20
For endorsing and filing the old order.	6
If there be a petition, the same as for other petitions or declarations.
For a petition to the governor and council for a supersedeas, and filing and endorsing it.	21
For endorsing and filing the county court's orders.	6
For the writ of supersedeas.	20
And for other proceedings as in an action. When a record is wanted in the tryal of any cause, and there is not time to writ a copy of it; half the fee as for a copy, bringing it into court, finding and reading it.
For recording a certificate of a probate or administration from the county court.	40
For a copy of a law.	50
For a certificate.	15
Secretary's Fees chargeable on the particular Counties
l. to.
For a commission of the peace.	50
For a dedimus to swear the justices.	50
For recording the commission of the peace.	30
For recording the dedimus.	30
For a standing dedimus, to administer the oaths of fidelity.	50
For a commission of oyer and terminer on criminal slaves.	50
For a dedimus to swear the commissioners.	50
For a writ for election of burgesses.	350
If from the records returned from any county court, a copy of the county court's order, declaration, &c. be demanded, the same fee to be paid for it, as for such things in the general court.
A table of the fees of the clerks of the county courts, for the several particular articles herein after expressed, chargeable to the persons obtaining the same.
l. to.
For an action, and proceedings thereupon, action.	8
If no further proceedings in the said action, then

County court clerks fees.

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lbs.	tob.
For entring order for dismission.	4
But if the action be further proceed in, then for action.	8
For declaration or petition, if wrote by the clerk.	10
If not written by the clerk.	5
For entring of the declaration or petition.	3
For endorsing and filing of the declaration both.	3
For entry of the order.	8
And if the action be continued to another court, then
For entring reference upon the docket.	5
For entring of the order of that court.	8
For endorsing of the court's order on the declaration or plea, as the case is.	3
And so every court, the said action shall be continued, called, and an order made therein.
For returning upon the docket.	5
For entring the order.	8
For endorsing the order upon the declaration or plea.	3
And if in tryal of the action any evidences be made use of, then
For every oath taken in court, viva voce, or for the oath of the plaintiff or defendant.	5
For entry of the subpœna of every witness.	10
And if a deposition be taken in writing, if the clerk write it,
For that deposition, no more than	10
And if the clerk does not write it, then	3
For the endorsing and filing that deposition, both	5
And if the party requires that deposition to be recorded,
For recording the said deposition, but not otherwise.	10
And if any pleas, replications, rejoinders, surrejoinders, rebutters, and surrebutters be made in writing.
For every such plea, replication, rejoinder, surrejoinder, rebutter, and surrebutter, if the same be wrote by the clerk.	10
If not written by the clerk.	5
For entring each of the same.	3
For endorsing and filing each of the same.	3
And if a jury be made use of in the action,
For recording a pannel of the jury, and their oaths.	10

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l. to.
For recording the verdict of the jury.	10
And if in the action there be a survey of land,
For recording the report of the surveyor, and for endorsing and filing the same if desired.	20
For recording the report of the jury, endorsing and filing.	20
And if in the action there be a report of auditors,
For recording the report of the auditors, and indorsing and filing the same.	20
And for all papers made use of in the trial of the action, as bill, bond, account, &c. which are filed with the declaration;
For endorsing and filing each paper.	3
Appeals.	l. to.
And if upon judgement there be an appeal to the general court,
For order and copy of the appeal.	16
For order and copy of the security.	16
For the bond.	10
For recording the bond where it is desired, and not otherwise.	10
For recording acknowledgment of the bond, if desired, and not otherwise.	10
For returning the appeal and security to the secretary's office.	30
And if upon any appeal, any clerk return to the secretary's office any more of the proceedings of the county court, as copies of orders, declarations, or pleadings, than the judgement from which the appeal is made, he shall demand no fee for the same.
But if the plaintiff or defendant demand any copies for their particular use, the clerk shall have for them according as is set down in this act.
And if either plaintiff or defendant in the trial of an action, employ one or more attorney or attornies, then
For entring every such attorney upon the docket, once for one cause, and no more.	5
And if a warrant of attorney in writing, then
For recording the said warrant.
For endorsing and filing the warrant, both.
And if an execution be had upon a judgement

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

lbs.	tob.
For a judicial writ.	15
For entring the time of issuing the execution on the margent of the record.	3
For recording the return of the execution.	10
Although not returned, because it is the sheriff's, or the party's duty to make return.
For an attachment and proceedings thereon, more than there is in an action.
If upon an action brought, an attachment be granted, the fees of the action to be in all points as is before set down for the action; and besides that, if the order for the attachment be proceeded in,
For a copy of the order.	3
For attachment thereupon.	15
And the next court, if the attachment be returned and executed, but not else,
For returning the attachment.	5
For recording the return.	15
For endorsing and filing the attachment, both.	3
And if an appraiser be ordered,
For order and copy appointing appraisers, and justice to swear them.	16
For recording the appraiser's report.	15
For endorsing and filing the same, both.	3
And if an attachment be granted by a justice of the peace, and is returned executed to court,
For entring the attachment upon the docket.	5
For the petition or declaration, if wrote by the clerk.	10
If not written by the clerk.	5
For endorsing and filing the petition, both.	3
For entring the petition.	3
For recording the return of the attachment.	15
For endorsing and filing the attachment, both.	3
For entring the judgment,	8
And so on as in other attachments for appraisements, &c. if any, and for continuance from court to court, as for like continuance upon actions.
For a suit in chancery, the fees to be in all points as is set down for the action, except that for a bill of chancery.	20
For petitions, complaints in writing, or informations, (except of constables, surveyors of

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

lbs.	tob.
the highways, grand jury, and other, which relate to the county service,) if a petition , complaint, or information, for or concerning any matter or thing,
For the petition, if wrote by the clerk.	10
If not written by the clerk.	5
Entry of the petition,	3
Endorsing and filing the petition.	3
For entring order thereupon.	8
And if the said petition be referred to another court, then the charge for returning, and other proceedings thereupon from court to court, as for an action.
For a scire facias.	10
And for all other proceedings thereupon, as for an action.
Deeds and Conveyances. lbs.	tob.
If a deed be acknowledged or proved for land,
For the order.	8
For recording the deed.	30
For acknowledgment, recording the acknowledgment, and endorsing the same upon the deed.	25
And if a deed be lease and release acknowledged,
For the order for recording a deed.	8
For recording lease.	30
For acknowledgment, recording acknowledgment, & endorsing acknowledgment on lease.	25
For recording release.	30
For acknowledgment, recording acknowledgment, and endorsing the same on release.	25
And if a bond be acknowledged for performance of covenants,
For order for recording bond.	8
For recording bond.	20
For recording acknowledgment, and endorsing acknowledgment upon bond.	10
And if a deed be for any personal matter acknowledged.
For order.	8
For recording the deed.	20
For acknowledgment, recording acknowledgment, and endorsing the acknowledgment upon the deed.	10

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

lbs.	tob.
And for relinquishment of dower,
For order.	8
For recording relinquishment of dower.	15
Order for recording livery and seizin.	8
For recording the livery and seizin with incident fees.	20
Letters of Attorney, and other Deeds proved.
lbs.	tob.
For proving and recording a letter of attorney, or any other deed, whether the same be done by one or two, or more witnesses, and for all fees incident thereunto.	40
Probates.
lbs.	tob.
For probate of a will, and for all fees incident thereunto, if the estate exceed not ten pounds, or two thousand pounds of tobacco, upon lawful appraisement.	50
For such probate, and all fees incident thereunto, if the estate exceed ten pound, or two thousand pounds of tobacco; and be not above fifty pounds, or ten thousand pounds of tobacco, upon lawful appraisement.	150
For such probate, and all fees incident thereunto, if the estate exceeds fifty pounds, or ten thousand pounds of tobacco, upon lawful appraisement.	250
And for every probate, and all fees incident thereunto, where the executor doth not within six months after the probate bring in an inventory and valuation of his testator's estate.	250
Administrations.
lbs.	tob.
For a commission of administration, and for all fees incident thereunto, upon an estate not exceeding the value of ten pounds, or two thousand pounds of tobacco, upon lawful appraisement.	50
For a commission of administration, and for all fees incident thereto, if the estate exceed ten pounds, or two thousand pounds of tobacco, upon lawful appraisement, and do not exceed fifty pounds, or ten thousand pounds of tobacco.	150

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

lbs.	tob.
For a commission of administration, and for all fees incident thereunto, if the estate exceeds fifty pounds, or ten thousand pounds of tobacco, upon lawful appraisement.	250
Administrations, with the Will annexed.
lbs.	tob.
For a commission of administration with the will annexed, and for all fees incident thereunto, if the estate exceed not ten pounds, or two thousand pounds of tobacco on lawful appraisement.	50
For such commission of administration, with the will annexed, and for all fees incident thereunto, if the estate exceed ten pounds, or two thousand pounds of tobacco; and do not exceed fifty pounds, or ten thousand pounds of tobacco, upon lawful appraisement.	150
For such commission of administration, and for all fees incident thereunto, if the estate exceeds fifty pounds, or ten thousand pounds of tobacco, upon lawful appraisement.	250
For a codicil proving, recording, and all other fees relating thereunto, upon an estate,	50
For a marriage licence, and all fees incident to it.	50
For proving rights for land certificate, issuing certificate, and all fees incident.	13
For a bill of costs.	3
For a copy of the laws of one session of assembly, if required by the justices, or any other.	150
For a copy of an inventory and appraisement.	30
For a copy of a will, and certificate of a probate thereupon.	30
For a copy of an order of court.	8
For a copy of a deed for land, and certificate of the acknowledgment.	30
For a copy of a plea, petition, replication, &c. each.	20
And for all other copies not in this table enumerated, so much is given by this act for entring or recording the thing.
And if a copy be required of any thing above a year old, for the search, besides paying for the copy.
And if no copy be had, or the thing be not to be

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

lbs.	tob.
found, then only for the search	5
If a servant be brought to be judged, for recording his age, and the order of court.	18
For a copy of the same.	8
For recording acknowledgment for satisfaction of a judgement.	10
For a caveat.	10
For a dedimus.	5
For attendance at a dedimus, and all fees incident as subpœna's taking depositions, &c. if required to attend.	100
For attending at appraisements, out-cries, or taking inventories,
If the clerk be required to give his attendance, but not else, for every day's attendance.	100
For a certificate of a public claim, above the value of one hundred pounds of tobacco.	20
For a certificate of another nature.	10
If upon the motion of any person, and paper or papers be desired to be recorded;
Order for recording.	8
For each paper recorded.	20
For publishing an person's departure at the court- house door, giving a certificate to the secretary as usual, for a pass, and all other fees incident.	18
For a private court's attendance, except orphan's court.	200
For a copy of a single law.	40
For a copy of a list of titheables, taken by a justice in his permit.	20
For an ordinary licence, with the usual fees for the petition, bond, &c. for it.	50
For a copy of the list of rates of liquors, &c.	15
When a record is wanting in the trial of any cause, and there is not any time to write a copy of it, half the fee as for a copy for bringing it into court, finding and reading it.
For a copy of any thing not herein particularly assessed, the same fee as for the thing itself, or recording it.
For the clerk of any county court, for his service for making entries, and issuing copies of orders for appointing surveyors of the highways, constables, grand jurymen, and for taking lists

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

lbs.	tob.
of titheables, for binding out poor orphans and chosing guardians, and other public services to be levied annually by the justices on the county.	1000
And for cask.	80
A Table of Sheriff's Fees.
lbs.	tob.
For serving any person with an order of court, and making return.	15
For pillorying any person.	20
For putting into the stocks.	10
For ducking any person.	20
For an arrest and bond.	20
For non ext inventus returned.	20
For putting into prison and releasement.	20
For serving a subpœna in answer in chancery, and copy.	15
For serving a subpœna for an evidence in any cause depending, except summoned in court.	10
For summoning an appraiser, auditor, viewer, or evidence to any deed, will, or writing, if required to be summoned, but not else.	10
For summoning and impannelling a jury in every cause, where a jury shall be sworn.	50
For going to Williamsburgh for a commission, oyer and terminer, for each mile three pounds of tobacco, and returning, besides ferriages.
For summoning the court, and attending.	200
For executing all condemned persons, and all fees incident.	250
For summoning a jury of escheat, survey, writ of dower, partition, enquiry of damages in the country, and not at court, if the jury appear.	150
For making return of a writ of dower or partition.	50
For returning devastavit.	10
For every day's attendance upon a jury in the county, after they are sworn to try, the issue joyned.	50
For selling a servant at out-cry by order of court, and all fees incident thereunto.	20
For making proclamation as the law directs in proving of wills at the common law, or in proceeding to outlawry.	20
For serving executions for any debt due in tobacco

Sheriff's fees.

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

l. to.
five per cent. for the first 1000l. and two per cent. for all above 1000l.
For serving execution for any debt due in money, five per cent. for the first 100l. and two per cent. for all above 100l.
For serving a writ of habere facias sezinam, or habere facias possessionem.	50
For serving an attachment upon the body and bond.	20
For serving an attachment on goods where they shall be appraised and delivered to the plaintiff, the same fees as on executions.	15
But where not appraised,
For serving and returning a general court writ, summons or order.	30
For keeping and providing for a person in goal each day.	10
For serving a warrant.	10
For summoning a witness.	5
For all public services, viz. for attending at the orphans courts, courts of claims and grievances, impannelling grand juries, publication and attendance of the writ for burgesses, serving all publick orders of court, and all other publick and county services to be levied annually on the county by the justices.	1000
And for cask.	80
A Table of Coroner's Fees.
l. to.
For taking an inquisition on a dead body.	133
For all other services done by him, the like fees as are given to Sheriffs for the same services.
A Table of Constable's Fees.
l. to.
For serving a warrant.	10
For summoning a witness.	5
For summoning a coroner's jury and witnesses necessary.	50
For putting in the stocks.	10
For whipping.	20

Coroners' fees.

Constables fees.

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

If any officer take any more fees, or greater fee for any thing within the purview of this act, he shall forfeit to the party injured two thousand pounds of tobacco and costs, &c. provided prosecution be within eighteen months after cause of action.

Penalty for exceeding.

Sheriff to be answerable for all fees charged by this act if signed by the proper officer, and put into his hands at, or before the county levy laid, abating ten per cent. for his trouble, provided the party charged have visible personal estate sufficient in the county, over and above his levies and quit-rents then due.

Sheriff to collect.

Provided also, That if for want of tobacco the Sheriff make other distress, the party claiming shall take the species distrained according to the valuation, by two house-keepers upon oath, before the sheriff or his deputy.

CHAP. II.

An act to impower Harry Beverley, and others to build a Bridge over the Dragon Swamp.

======

CHAP. III.

[From Beverley's Abr. p. 154.

An	act for granting one thousand pounds out of the Public Fund, for the maintaining and educating Scholars of the College of William and Mary.

ONE thousand pounds out of the fund in the hands of colonel Peter Beverley, treasurer, is given to the visitors and governours, to be by them laid out for the maintaining and educating such and so many of the ingenious scholars, natives of this colony, as they shall think fit.

Donation to College William and Mary.

Provided, That distinct accounts of this benefaction be kept and ready always for the inspection of the general assembly, or their order.

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LAWS OF VIRGINIA, APRIL 1718−−4th GEORGE I.

CHAP. IV.

An	act to enable Michael Megginson, of the County of King and Queen, Planter, to sell certain Lands in the County of Gloucester, entailed on him, and the heirs of his body, upon his settling other Lands of a great value to the same uses.

Signed by ALEX: SPOTSWOOD, ESQ. Governor.

DANIEL M'CARTY, Speaker.

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Pages 30-50 ======

Pages 76-95

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