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CHAP. X. | ||
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I. 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 passing of this act, it shall and may be lawful, to and for the secretary of this colony, for the time being, and all county court clerks, sherifs, coroners, and constables, respectively, to demand, receive, and take, the several fees herein after-mentioned and allowed, for any business by them respectively | Officer's fees. |
done, by virtue of their several offices, and no other fees whatsoever: (That is to say,) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Secretary |
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II. And be it further enacted, That the several fees before mentioned, shall be charged to the party at whose instance the business aforesaid shall be done or performed: and that the fees herein after mentioned, and allowed to the secretary, shall be charged to the several counties respectively, for whose service the business shall be performed; and shall be, by the justices, levied on the inhabitants thereof, (That is to say,) | |||||||||||||||||||||||
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Clerks of county courts |
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III. And to the end, all persons chargeable with the paiment of any of the fees aforesaid may certainly know for what the same are charged: Be it further enacted, That no fee or fees herein before mentioned, shall be deemed to be due or paiable, by or from any person or persons whatsoever, until there shall be delivered to the person or persons chargeable with the paiment of the same, a bill or account, in writing of the particular fees, for which any person is or shall be charged; in which said bill or account, is and shall be expressed distinctly, and in words at length, and in the same manner, as the fees aforesaid are allowed, and made paiable by this act, every particular fee, for which any money or tobacco is or shall be demanded or demandable. | ||||||||||||||||||||||||||||||||
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Sheriffs. |
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Coroner. | ||||||||||||||||
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Constables. | ||||||||||||||||
IV. And be it further enacted, by the authority aforesaid, That the clerk of the secretary's office, shall cause to be set up in some public place of the said office, and there constantly kept, a fair copy of the secretary's fees herein before mentioned, on pain of forfeiting two thousand pounds of tobacco for every day the said copy shall be missing through his neglect. And that the clerk of every county court, shall, in like manner, set up a fair copy of all other fees herein before mentioned, in the court house of his county, to be there constantly kept, on pain of forfeiting one thousand pounds of tobacco, for every day the same shall be missing through his neglect: Both which penalties shall be to the person or persons who shall inform or sue for the same; and shall and may be recovered in any court of record, within this dominion. | Copy of fees to be set up in office. | ||||||||||||||||
V. And be it further enacted, That if any officer whatsoever, shall claim, charge, demand, exact, or take any more fees, or greater fees, for any business, or writing, or other business whatsoever, within the purvieu |
of this act, than is here set down and ascertained; such officer or person, for every such offence, shall forfeit and pay to the party injured, two thousand pounds of tobacco: To be recovered, with costs, in any court of record within this dominion, by action of debt, bill, plaint, or information: Provided, the same be sued for within twelve months after the offence committed. | |
VI. Provided always, That nothing herein contained, shall be construed, deemed, and taken, to inflict any of the penalties before mentioned, on any of the said officers, for demanding and taking the fees respectively directed to be taken by them, by one act of assembly, made in the first year of his majesty's reign, intituled, An Act for ascertaining the fees of certain officers therein mentioned, at any time before the publication of this act; for which, two months, after the passing hereof, is hereby allowed. | |
VII. And for the better collecting the said tobacco fees, Be it further enacted, That the clerk of the secretary's office, and of every county court, respectively, shall every year, before the twenty fifth day of November, deliver, or cause to be delivered, to the sheriff of every county in this colony, respectively, the accounts of all fees due from any person or persons residing therein; which shall be signed by the said clerk, respectively. And the said sheriff is hereby impowered and repuired, to receive such account, and to collect, levy, and receive, the several quantities of tobacco therein charged, of the several persons chargeable with the same. And if such person or persons, after the said fees shall be demanded, shall refuse or delay to pay the same, till after the tenth day of April, in any year, the sheriff of that county wherein such person inhabits, or of the county in which such fees became due, shall have full power, and is hereby required, to make distress upon the negros, goods, or chattels, of the party so refusing or delaying to pay, either in that county wherein such person inhabits, or where the said fees became due: But no action shall be maintainable for secretary's, or county court clerks fees, unless the sheriff of the county shall return, that the person or persons from whom such fees shall be due and paiable, hath not sufficient within his bailiwick, whereon to make distress. And if any sheriff shall be sued for any thing by him done, in pursuance of this act, he | Fees, how collected. |
may plead the general issue, and give this act in evidence. | |
VIII. And be it further enacted, That the sheriff of every county, shall, upon or before the last day of May in every year, account with the secretary or his agent, and the clerks of the respective county courts, for all fees put into his hands, pursuant to this act, and pay the same, abating four per cent. for collecting: And the secretary is hereby required to appoint an agent in every county, to receive the sheriff's account, and all tobacco due to him. And if any sheriff shall refuse to account, or pay the whole account of fees put into his hands, after the deductions aforesaid are made, together with an allowanse of such persons as do not dwell, or have no visible estate in his county, it shall and may be lawful for the secretary or clerk, upon a motion made, in the next succeeding general court, or in the court of the county of such sheriff, to demand judgment against such sheriff, for all fees wherewith he shall be chargeable, by virtue of this act; and such court respectively is hereby authorised and required to enter up judgment accordingly, and to award execution thereupon: Provided, That the sheriff have ten days notice of such motion. | Summary proceedings against sheriffs. |
IX. And be it further enacted, That the respective county courts, in every cause where the plaintiff shall recover, or be nonsuited, or where his suit shall be dismiss'd, shall allow in the bill of costs, fifteen shillings, or one hundred and fifty pounds of tobacco, for an attorney's fee, (if the party emploied one,) except against executors, or administrators, and where the plaintiff may not recover more cost than damage. | Lawyers fees. |
X. And whereas divers disputes and controversies do frequently arise, concerning the priority of entries for lands, and their right to obtain patents for the same, which are properly determinable before the governor and council; and for the clearing of the truth therein, witnesses are often necessary, and such witnesses have refused to attend, in regard no allowance hath hitherto been established, for their travelling, and attendance: Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That when any controversy shall be depending before the governor and council, it shall and may be lawful for the clerk of the council, and he is hereby impowered and required, at the instance of either | Lands, controversies cncerning entries of, determinable before
governor & council. Witnesses, how summoned hefore the council. |
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[The last text on this page is ei-. I've added the ther which I expected, but did not find at the top of the next page.] |
of the parties to issue a summons, directed to the sheriff of any county wherein the witnesses desired to be summoned, shall reside, which summons, the said sheriff shall duly execute and return; and shall be paid and allowed, by the party on whose behalf the same was executed, thirty pounds of tobacco, or three shillings current money, at the election of the party chargeable therewith; and every such witness so summoned and attending, shall be paid for travelling, and for each day he shall attend at Williamsburg, the like allowance as is given by law, for witnesses summoned to and attending at the general court: And where the governor and council shall judge either of the parties, in any matter coming before them, to have given unjust vexation, it shall and may be lawful to award the allowance to the said witnesses, and all other costs, to be repaid by such party, to the party injured. | Allowance. How paid. | |
XI. Provided always, That it shall be in the election of the person or persons chargeable with the paiment of the said allowances for witnesses, in any of the matters depending before the governor and council to discharge the same, either in tobacco or current money, at the rate of ten shillings for every hundred pounds thereof, | Payable in tobacco. | |
XII. Provided also, That nothing herein contained, shall be construed, deemed, or taken, to give any power or authority to the council-board, to hold plea of any matter or thing properly cognisable in his majesty's courts of common law. | Proviso. | |
XIII. And this act shall be adjudged and taken to be a public act, and shall remain and be in force, from the commencement of the same, for two years, and from thence to the end of the next session of assembly. | Limitation of this act. | |
CHAP. XI. | ||
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I. WHEREAS the large reward allowed by law for killing of wolves, hath frequently been a temptation to many ill-disposed persons to be guilty of | Preamble. |
unfair practices, in order to obtain certificates to entitle them to the said reward; and the reward being the same for killing a young wolf as an old one, divers persons have been induced to spare the breading wolves, for the advantage of taking their future increase: for remedy whereof, | |
II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That from and after the passing of this act, the reward of one hundred pounds of tobacco, and no more, shall be paid for every wolf killed or destroied within this colony, not exceeding the age of six months; to be adjudged of by the justice before whom the head shall be brought: and that no justice shall grant a certificate to any person whatsoever, for any scalp, to entitle him or her to the reward allowed by law for killing of wolves, but that the whole head of the wolf shall be first produced to such justice; neither shall any such certificate be granted, until proof shall be made before snch justice, by the oath of such wolf-killer, if a christian, above the age of fourteen years, (Quakers excepted) in the following words: | Reward for killing Wolves. Whole head to be produced, and oath made. |
I A. B. do solemnly swear, that this head by me now produced, is the head of a wolf, (or if more than one head, That these heads by me now produc'd are the heads of wolves,) first taken and killed within the county of C. in Virginia; and that I have not wittingly or willing spared the life of any bitch wolf in my power to kill, since the making of the act of assembly, intituled, An Act for lessening the Reward for killing young Wolves; and for preventing Frauds in obtaining Certificates for Wolves-Heads. | Form of oath. |
And if such wolf killer shall happen to be one of the people commonly called Quakers, and above the age of fourteen years, he shall take his solemn affirmation to the same effect; but if such wolf-killer be a christian, under the age aforesaid, or a tributary indian, or a mulatto, or negro, then such justice shall, instead of such oath or affirmation, admit of any other evidence, testimony, or circumstance, in his discretion convincing. | Quakers may affirm. Other proof. |
III. And be it further enacted, by the authority aforesaid, That if any person whatsoever, shall take a false oath, or affirmation, before any justice, in order to the | Penalty, for false oath, or affirmation. |
obtaining a certificate as aforesaid, such person being thereof lawfully convicted, shall suffer the same pains and penalties, as if he or she had been guilty of wilful and corrupt perjury, in a court of record: And moreover, shall forfeit and pay one thousand pounds of tobacco; one moiety thereof, to our sovereign lord the king, his heirs and successors, for the better support of this government, and the contingent charges thereof; and the other moiety to him, her, or them, that will inform, or sue for the same: To be recovered, with costs, in any court of record within this dominion. | ||
IV. Provided always, That if any justice, before whom oath or affirmation shall be made, according to the directions of this act, shall suspect the truth of such oath or affirmation, such justice shall delay granting a certificate thereupon, until the next court to be held for his county, where he shall communicate his reasons for such suspicion, in the presence of the suspected persons, who may make his defence; and the court shall determine whether the same be good or not, and the said justice shall proceed accordingly; any law, or usage to the contrary of any of the premises, in any wise, notwithstanding. | When justices may delay giving certificate. | |
CHAP. XII. | ||
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I. WHEREAS by reason of the small number of tithables in the county of Brunswick, the poll taxes must necessarily be very grievous and burthensome to them; which, by an addition of part of the counties of Surry, and Isle of Wight, would be remedied, and divers of the inhabitants of the two last mentioned counties, would thereby also be freed from hardships and inconveniences, which at present they labour under, with respect to the remoteness of their situation from the court-houses of their said counties, and their parish churches, respectively; and after such addition, | Preamble. |
there will remain a sufficient number of tithables in the said counties of Surry, and Isle of Wight, respectively, to bear the public taxes: | |
II. Be it enacted, by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and by the authority thereof, That from and after the first day of January, next after the end of this session of assembly, those parts of the said counties of Surry, and Isle of Wight, which lie between, and are included with the bounds hereafter mentioned, and the lower bounds of the said county of Brunswick, as it now stands, (that is to say,) a straight line to be run from the mouth of a branch of Nottoway river, called Chetacrie, between colonel Harrisons quarter, and Matthew Parham's in the said county of Surry, to Meherrin river, to the line dividing the said counties of Surry, and Isle of Wight, and from thence down that river, to the line dividing this country, and North Carolina, be annexed and united to the said county of Brunswick, and for ever thereafter shall be taken and reputed as parcel thereof; and be divided an exempt from the said counties of Surry, and Isle of Wight, respectively, and from all dependances, offices, and charges, for or in respect thereof, and also discharged from all duties whatsoever, relating to the same. | Boundaries of Brunswick altered. Surry and Isle of Wight. |
III. And be it further enacted, by the authority aforesaid, That those parts of the said counties of Surry, and Isle of Wight, so as aforesaid annexed and united to the said county of Brunswick, be also from and after the said first day of January, annexed and united to the parish of Saint Andrew, in the said county of Brunswick, and be divided and exempt from the parishes of Lawn's-Creek, and Southwark, in the said county of Surry, and the parish of Warwicksqueak, in the said county of Isle of Wight, respectively, to which the same do at present belong; and all dependances, offices, charges, and contributions, for and in respect thereof, and all parochial duties whatsoever, relating to the same; any law or usage to the contrary of any of the premises, in any wise, notwithstanding. | And of St. Andrew's parish. |
Pages 325-340 ![]() | ![]() |