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AT A
General Assembly,
BEGUN AND HELD AT
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Wm. Gooch, esq. governor.
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Williamsburg, the first day of February, anno dom. 1727,
in the first year of the reign of our sovereign lord George
II. by the Grace of God, of Great-Britain, France, and
Ireland, King, Defender of the Faith, &c. And
from thence continued, by several prorogations, to
the twenty-first day of May, 1730, being the second
Session of this present General Assembly.
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CHAP. I.
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[From edit 1733.]
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| An
| Act for repealing the Act for the better and more effectual improving the Staple of
Tobacco: And for the better execution of the Laws now in force against tending Seconds: And for
the further prevention thereof.
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| I. WHEREAS, at a general assembly, begun and held at the capitol,
the first day of February in the first year of his majesty's reign, an act was made, intituled,
An Act for the better and more effectual improving the staple of Tobacco; which act is found by
experience to be inconvenient:
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Preamble.
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| II. Be it therefore 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 the said act, intituled, An Act for the better and more
effectual improving the Staple of Tobacco, and every clause, matter, and thing therein contained,
shall be and is hereby repealed and made null and void, to all intents and purposes whatsoever.
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Former act repealed.
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| III. And for the better execution of the laws now in force, against
tending seconds, and for the prevention thereof: Be it enacted, by the authority aforesaid,
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Duty of constables, in relation to seconds.
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| That every constable within this colony, shall yearly, between the last day of July, and
the tenth day of August, and between the twentieth day of August and the tenth day of September,
and at such other times as any constable shall think proper, repair to all the several fields and
places whereon tobacco shall be planted or tended, within their respective precincts, and
diligently view the same, in order to discover whether any slips or suckers shall be turned out
or tended, from the stalks from which any tobacco-plant hath been before cut or taken, above the
height of nine inches from the ground. And if any constable shall find or discover any such slips
or suckers growing upon any plantation within his precinct, and the owner or overseer of such
plantation being thereunto required, shall refuse or fail to cut up and destroy such slips and
suckers, such constable is hereby impowered and required to cut up and destroy, or cause the same
to be cut up an destroied. And if any owner or overseer shall refuse to shew to such constable
all such fields and places on his or her plantation or plantations, where tobacco hath been
planted or tended in any year, every owner or overseer so refusing, shall forfeit and pay five
hundred pounds tobacco, for every person emploied in making tobacco on his or her plantation or
plantations that year. And if any constable shall turn out, or tend any such slips or suckers,
upon his plantation or plantations, or shall neglect to cut up or destroy the same, such
constable so offending, shall forfeit and pay five huddred pounds of tobacco, for every person
emploied in making tobacco on such plantation or plantations that year.
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Slips and suckers to be cut up.
Penalty.
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| IV. And all constables shall take an oath before some justice of the
peace of the county wherein they respectively reside; which oath the said justice is here by
impowered and required to administer, in the words following, viz:
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| I A. B. do swear, That I will diligently and carefully view the
several fields and places whereon tobacco shall be planted or tended, within the precincts
whereof I am constable; and will cut up and destroy, or cause to be cut up and destroied all
stalks from which any tobacco-plant shall be cut or taken, and all slips or suckers growing from
or out of the same, which I shall find standing or growing in any of the fields or places
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Form of oath of constable.
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| aforesaid, above the height of nine inches from the ground: and that I will make
information of all persons within my said precinct, whom I shall know to be guilty of the breach
of any law of this colony made against the tending of slips or seconds, to the next court held
for my county after the same shall come to my knowledge. So help me God.
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| V. And be it further enacted, by the authority aforesaid,
That if any constable shall refuse or fail to take such oath, or shall knowingly allow any person
whatsoever, within his precinct, to tend any seconds, slips, or suckers, each constable so
offending, shall forfeit and pay one thousand pounds of tobacco.
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Penalty on constables.
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| VI. And for encouraging the constables to perform their duties
herein, Be it further enacted, That there shall be levied on every tithable person in
each county, one pound of tobacco; to be distributed to the respective constables, in proportion
to the number of tithables in their respective precincts: Which said levy of one pound of tobacco
per poll, the court of each county within this colony, is hereby impowered and required to make;
and the sheriff, or other collector of the county levy, to pay to the several constables to whom
the same shall be due; and for every hundred of tobacco stalks which shall have any sucker or
slip growing thereon, of the height of nine inches from the ground, which any constable shall cut
up and destroy, there shall be paid to such constable, by the owner of such tobacco-stalks, or
his or her overseer, twenty pounds of tobacco, and so proportionably for a lesser quantity: To be
recovered, with costs, before any justice of the peace of the county wherein the said tobacco
stalks shall be so cut up and destroyed.
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Their allowance.
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| VII. And be it further enacted, by the authority aforesaid,
That the court of every county within this colony, upon the information of any constable, to them
made, against any person or persons, for the breach of this act, or of any other act of assembly
of this colony, made against the tending of slips or seconds, shall order and direct the attorney
appointed to prosecute in such court for his majesty, to bring suit against such person or
persons, for the respective forfeitures by them incurred, by the breach of any of the said acts.
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Prosecutions to be ordered by court.
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| VIII. And be it further enacted, by the authority aforesaid,
That all fines and forfeitures herein before mentioned, and not otherwise appropriated,
shall be one half to our sovereign lord the king, his heirs and successors, for and to the sue of
the parish wherein such offence shall be committed, and the other half to the person or persons
who shall inform, and sue for the same: And may be recovered with costs, in any court or courts
of record within this colony, by action of debt, bill, plaint, or information; except the
forfeiture in this act mentioned, cognizable before a justice of the peace.
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Fines appropriated.
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| CHAP. II.
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| An
| Act for enforcing the Act, intituled, An Act for the effectual suppression
of Vice; and restraint and punishment of blasphemous, wicked and dissolute Persons: And for
preventing incestuous marriages and copulations.
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| I. FORASMUCH as the act, intituled, An Act for the effectual
suppression of Vice, and restraint and punishment of blasphemous, wicked and dissolute Persons,
hat not been duly put in execution, according to the intent and design thereof; whereby divers
wicked and dissolute persons have been the more encouraged to commit the crimes therein
mentioned: For remedy thereof,
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Preamble.
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| 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 the churchwarden or churchwardens of every parish within this colony, shall make
presentment of all and every person and persons whatsoever, guilty of any of the offences or
crimes in the said act mentioned, committed or done, within the respective times by the said act
limited for prosecution thereof, and not otherwise, to the court of the county, wherein such
offence or crime shall be committed, at the next court after such offence or crime shall come to
his or their knowledge: And thereupon such court are impowered and required forthwith to cause
such person or persons
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Churchwardens to make presentments.
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| to appear and answer such presentments; and shall proceed to trial, and give judgment
upon such presentment in like manner as if such presentment had been made by a grand jury.
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| III. Provided nevertheless, That nothing in this act
contained, shall be construed to take away the power of the grand juries of this colony, or of
the several counties, to make presentment of any offences in the said act mentioned, in the same
manner as they might have done before the making of this act.
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Saving to grand juries.
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| IV. Provided also, That all and every the offences of
blasphemy and irreligion, enumerated in the said recited act, for which the offenders are to be
punished, by incapacity to hold any office or employment, or any other incapacity, or to be
punished by imprisonment, shall be tried, heard, and determined only in the general court: And
that when any presentment shall be made of any such offence, either by the churchwarden or
churchwardens, or the grand juries in the said county courts, the justices before whom such
presentment shall be made, shall cause the offender or offenders to enter into recognizance, with
one or more sufficient sureties, for his or here personal appearance at the next general court,
to answer the said presentment; and shall also cause the record of the said recognizance and
presentment, together with the names of the persons on whose information the same was made, to be
returned in due time to the secretary's office, to the end, prosecution may be had thereon,
according to the true intent and meaning of the aforesaid act. And for preventing incestuous
marriages, and copulations,
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Offences punishable by incapacity, &c. triable in the general
court.
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| V. Be it also enacted, by the authority aforesaid, That if
any person whatsoever shall hereafter marry within the levitical degrees prohibited by the laws
of England; that is to say, if the son shall marry his mother or step-mother, the brother his
sister, the father his son's daughter, or his daughter's daughter; or if the son shall marry the
daughter of his father, begotten and born of his step-mother, or the son shall marry his aunt,
being his father's or mother's sister, or marry his uncle's wife, or the father shall marry his
son's wife, or the brother shall marry his brother's wife, or any man shall marry his wife's
daughter, or his wife's son's daughter, or his wife's daughter's daughter, or his wife's sister,
ever person or persons so unlawfully married,
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Marriages within levitical degrees
prohibited.
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| shall be separated by the difinitive sentence or judgment of the general court; and the
children proceeding or procreate under such unlawful marriage, shall be accounted illegitimate:
And the attorney-general of this colony, upon any information made to him of any such marriage,
shall and may exhibit a bill to the judges of the general court, against any persons so
unlawfully married; who shall be compelled upon oath to answer the same: And upon such bill and
answer, and the depositions of witnesses, where the same shall be necessary, the general court
shall and may proceed to give judgment, and to declare the nullity of such marriage; and moreover
may punish the parties by fine at their discretion; and if they see fit, may cause the parties so
separated, to give bond, with sufficient surety, that they will not thereafter cohabit, under
such penalty as the said court shall judge reasonable.
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Such marriages to be dissolved by general court.
Attorney general to prosecute.
Parties, further punished.
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| VI. And be it further enacted, by the authority aforesaid,
That if any persons whatsoever shall hereafter, without marrying, carnally know, or have
copulation with, any person within the degrees aforesaid, each and every person so offending, and
being thereof convicted, in any court of record within this colony, shall be fined according to
the discretion of such court: And if the offender or offenders shall refuse immediately to pay
the said fine, or to give surety for the payment thereof at the laying of the next parish levy,
every person so refusing, shall, by order of the said court, be publickly whipt on his or her
bare back, not exceeding thirty nine lashes: And moreover, it shall and may be lawful to and for
the said court, to commit the parties convicted of the offence aforesaid, to the public goal of
the said court there to remain, until he, she, or they give bond, with sufficient surety, for
their future separation.
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Incestuous copulations, how punished.
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| VII. And be it further enacted, by the authority aforesaid,
That all and every the fines imposed, by virtue of this act, shall be to the use of the poor of
the parish wherein the offence or offences shall be respectively committed.
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Fines appropriated.
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Pages 247-271
