Pages 357-379 
|  Pages 403-425
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| Pages 357-379
| Pages 403-425
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| AT A General Assembly, BEGUN AND HELD AT |
Wm. Gooch, esq. governor. | |
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 CHAP. I. | ||
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| I. WHEREAS the act of this present general assembly, passed at a session held the twenty first day of May, in the third year of his majesty's reign, intituled, An Act for amending the Staple of Tobacco, and for preventing frauds in his Majesty's Customs, which was amended and explained by one other act of the same general assembly, at a session held the eighteenth day of May, in the fifth year of his majesty's reign, has been found, in some measure, to answer the good ends and design thereof, in discouraging frauds in the customs, by marking the true weight upon every hogshead, in preventing the exportation of great quantities of bad tobacco, and in securing all fair traders against the deceits of false packing, by the method of a public inspection, to the great advantage of the people and trade of this colony; yet the expence of executing the said act, has proved very burthensome, and |
| found not to be equally and justly regulated; and the public inspectors have raised and entertained groundless scruples and difficulties in the execution of their office; and the merchants in Great Britain, and masters of ships and vessels trading here, have complained of some hardships imposed upon them in the method of loading their ships; and the extensive currency of inspectors notes, as the same is now settled, has contributed to the depreciating tobacco paid for levies, and officers fees: therefore, for bringing all these matters to a more perfect settlement, and removing, as much as may be, all occasion of complaint; and for the further encouragement of all persons concerned in the tobacco trade, and rendring the said former acts more effectual, | |
| 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 the following public warehouses, (to wit,) Brandon Mumford's and Powel's Creek, in the county of Prince George, Warwicksqueak, in the county of Isle of Wight, and Chamberlayne's, in the county of New-Kent, after the ninth day of November next ensuing, be, and are hereby repealed, and shall no longer be accounted public warehouses for the inspection of tobacco: And that other warehouses erected and built; at Macock's, in the county of Prince George, instead of Powel's Creek warehouse; and at Littlepage's, in the county of New Kent, instead of Chamberlayne's: And that after the ninth day of November, in the year of our lord one thousand seven hundred and thirty five, the public warehouses, at Shoccoes', in the county of Henrico, at Marlborough, in the county of Stafford, and at Pohic, in the county of Prince William, be likewise repealed; and no longer accounted public warehouses; and that other warehouses, instead of them, be erected and built, at the places following, viz: Upon the land of Wiltshire Marrin, in the county of Henrico, commonly called Wilkinson's, at the most convenient place at or near the head of Acquia, in the county of Stafford, to be settled by the justices of the county; and at the copper-mine landing, upon Occoquan, in the county of Prince William: And for the ensuing year, the rent of Shoccoe's warehouse remain at thirty five pounds, the rent already settled; and the rent of Marlborough | Certain warehouses discontinued, and others established. |
| be reduced to six pounds; and of Pohic, to five pounds. | ||||||||||||||||||||||||||||||
| III. And forasmuch as divers of the public warehouses, before eutablished under several inspections, appear to have had small quantities of tobacco passed at them, so that they may be joined without any great inconvenience, Be it further enacted, That the warehouses in the counties of Princess Anne, and Norfolk, be hereafter united under one inspection, Nasswaddox, in the county of Northampton, & Pungoteague, in the county of Accomack, under one inspection; Hungar's, and Cherrystone's, in the said county of Northampton, under one inspection; Pocomoke, alias Pitt's, and Guilford's in the said county of Accomack, under one inspection; Hog-Neck, in the county of James City, and Taskanask, in the county of New Kent, under one inspection: And because the warehouses at Roy's in the county of Caroline, and at Gibson's, in the county of King George, now under one inspection, appear to have had a large quantity of tobacco passed at them; for the better dispatch of business, Be it further enacted, That they be hereafter disjoined, and made two inspections- | Certain warehouses united. Roy's and Gibson's disjoined. | |||||||||||||||||||||||||||||
| IV. And, to the end the rents may be more equally settled, Be it further enacted, That the rents of all the public warehouses, as well of those heretofore settled by commissioners, as of such as are herein before directed to be built hereafter, be, and are hereby reduced to, and settled at, the rates following, viz. | Rents of warehouses. | |||||||||||||||||||||||||||||
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| V. And be it further enacted, That if in any of the warehouses before mentioned, there shall not be sufficient room for the receiving and securing of tobacco, or if any prises, wharfs, or repairs, shall at any time be wanting, the county courts where such warehouses respectively are, upon application made to them, shall order other necessary houses to be built, and all necessary prises, wharfs, and repairs, to be erected and made by the owners of such warehouses, respectively, in the most convenient places: And if they shall refuse to do it, the same shall be done at the charge of the county; and the justices of such county shall receive a proportionable part of the rent, for the use of the county. And if any difference shall arise, between such owners and the justices, touching the proportion, the same shall be determined by appeal to the governor and council. But if there shall happen to be an immediate occasion to hire houses before others can be built, as aforesaid, the rent of such houses shall be paid by the county, without any charge upon the landlord. | County courts, to direct warehouses to be built, and repaired. | |||||||||||||||||||||||||||
| VI. Provided nevertheless, If it shall happen that any warehouses shall hereafter be built, in pursuance of this act, by any person or persons whatsoever, and that the rents hereby settled shall not be proportionable to the expence of such buildings, such cases shall be reserved to the consideration of the general assembly. | Proviso. | |||||||||||||||||||||||||||
| VII. And, for removing all complaints of the proprietors of any land heretofore refusing to build, in pursuance of the said former acts, of having lost their property: Be it further enacted, That where any public | How right of property, in warehouses acquired. | |||||||||||||||||||||||||||
| warehouse hath heretofore been built at the charge of any county, or by other private persons, the former proprietor of the lands upon which such warehouses have been built, may, if he thinks fit, pay to the justices of such county, so much as shall be sufficient to reimburse them their principal money expended which shall remain unsatisfied, and to any private builder what remains unsatisfied of his principal, with lawful interest for the time he hath laid out his money; and such proprietor shall then be restored to his or their former right, and receive the rents afterwards growing due. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| VIII. And, for the better and more equal settlement of the salaries of the several inspectors, at the warehouses hereafter mentioned, Be it further enacted, That the same be established for each inspector according to the following rates, viz. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Salaries of inspectors | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| And that all the other salaries of the inspectors remain and continue as the same are settled by the act of the fifth year of his majesty's reign, made to amend and explain the said first mentioned act. | ||||||||||||||||||||||||||||||||||||||
| IX. And be it further enacted, That all levies, and quit-rents, shall be paid at some warehouse in the county where such levies are laid, or lands chargeable with the said quit-rents lie; and all officers fees, in the county where the person chargeable therewith lives; except such person shall have an estate in the county where the service is performed; and then all fees, except secretary's fees, shall be paid in such county: But the said levies, quit-rents, and fees, due and paiable in any county, where no public warehouse is established, shall be paid by inspectors notes, at some warehouse in the next adjacent county. | Levies, quit-rents, and officer's fees. | |||||||||||||||||||||||||||||||||||||
| X. Provided nevertheless, That no notes of the county of Prince William, shall pass in any paiment of levies, quit-rents, or fees, becoming due in the new county of Orange. And that the notes of the warehouses hereafter mentioned, shall pass in paiment of all levies, and officers fees, paiable in the counties following; that is to say, | Circulation of tobacco notes. | |||||||||||||||||||||||||||||||||||||
| XI. The notes of Kemp's warehouse shall pass in the county of Gloucester. Of Lawrence's, and Cabbin-Point, in the county of Isle of Wight. Of Wainwright's, and Appamatox, in the county of Surrey. Of Warwick, Bermuda Hundred, John Bolling's, and Cabbin-Point, in the county of Prince-George. Of Turkey-Island, in the county of Charles-City. Of any warehouse in New-Kent, in St. Peter's parish, in the county of James-City. Of York and Roe's, in the county of Warwick. Of Roe's, in the county of Elizabeth-City. Of Page's, and Meriwether's, in the county of King-William. Of Todd's, and Aylett's, in the county of Caroline. Of Conway's, in the county of Spotsylvania. Of Indian-Creek, in the county of Lancaster. Of Yeocomico, in the county of Northumberland. Of Mattox, and Falmouth, in the county of Stafford. Of Princess-Anne, and Norfolk, in either county. Of any warehouse in Accomack, or Northampton, in either county. | |
| XII. And whereas heretofore, old inspectors notes, notwithstanding the deductions for wasting, have passed in paiment of levies, quit-rents, and officers fees, to the great disadvantage of public creditors, Be it further enacted, That if any old inspectors notes shall be offered in paiment, in the year one thousand seven hundred and thirty five, to the collector of any levies, quit-rents, or officers fees, he shall deduct four per cent. But after that year, no old transfer notes whatsoever shall pass in any such paiments. | Old notes, how payable. |
| XIII. And whereas the justices of some counties, have, in laying their levies, levied upon the people the allowance settled by the said former acts, for conveniency, as if those acts had been doubtfully worded as to that matter, though the same is very clear and plain; yet for preventing variety of opinions therein, Be it further enacted, That no public credits whatsoever, but such as by come former law or contract, are to be paid with conveniency, shall be levied on the people, with the said allowance. | Levy. |
| XIV. And, for the further and better direction of the several inspectors, in the execution of their office, and for giving all due encouragement to the traders in tobacco, Be it further enacted, That the rules hereafter mentioned, be pursued, and strictly observed, for the time to come, by all inspectors; that is to say, That any light hogshead, or parcels of tobacco, after the same | Duty of inspectors. |
| shall be passed at any public warehouse, but not stamped, shall be delivered out by the inspectors to the owner of their notes, and such tobacco may be carried away, for the better sorting or stemming the same. Provided, That the person receiving such tobacco, shall pay for the inspection thereof, after the rate of five shillings for every eight hundred pounds weight, and so in proportion for a greater or less quantity; and that such tobacco shall not be shipped off, until it shall be again inspected, passed, and stamped, for which the inspector shall again receive the established fee; under the same penalties as are inflicted in either of the before mentioned acts respectively, for the shipping off, and taking on board any ship, or other vessel, tobacco not viewed, and stamped, or in bulk. | |
| XV. That the owner of any transfer notes may, at any time, receive and mark hogsheads of tobacco, for satisfying such notes, and the inspectors shall take in their former notes, and deliver new crop notes for such hogsheads, and shall be answerable for the safe keeping theroof, in the same manner as they now are for crop tobacco; but the person receiving such hogsheads, shall pay to the inspectors five shillings and six pence, for the inspection and nails, for every hogshead; that is to say, two shillings and six pence down, and three shillings when the tobacco shall be delivered out. | Transfer notes, Crop notes. |
| XVI. That the inspectors shall sell all transfer tobacco which shall not be so received and marked before the time of holding the court of their respective counties, in the month of September, yearly, by public auction, at their county courts respectively held in that month; and shall pay the money arising from such sale, in satisfaction of their notes, from time to time, to the proprietors thereof, making their demand; under the same penalty as is inflicted for not paying inspectors notes. | Transfer tobacco, when sold. Weight of hogsheads, 800 lbs. |
| XVII. That all inspectors, when required, be obliged to prize any hogshead of tobacco under eight hundred net, so as to make it up that weight; but shall receive the same fee upon such hogshead as for transfer tobacco, and make the lawful abatements for what shall be prized in. | |
| XVIII. That where any tobacco shall be refused, & the owner thereof shall be willing to separate the good from the bad, he shall be allowed one month for doing it; and after that time the inspectors shall be at liberty | Picking tobacco. |
| to burn it; except where the tobacco is in a sweat, or where the circumstances and accidents of weather may have prevented the handling such tobacco. But if any person shall refuse to pick his tobacco, after the inspectors have refused to pass it, the same shall be immediately burnt: And where in picking, the trash shall be separated, it shall be burnt by the inspectors the same day, upon pain of forfeiting five shillings for every failure; to be recovered before a justice of the same county, by the informer. | |
| XIX. That all crop tobacco, when received out of any warehouse, shall be liable to a view, as transfer tobacco is; and if the same be condemned, the inspectors shall make satisfaction to the owners thereof, as by the said former acts is provided for transfer tobacco. | View of tobacco delivered. |
| XX. That one inspector shall constantly attend after the time limited for the receiving tobacco into the public warehouses, until the time of holding their county courts respectively, in the month of September, yearly, for delivering out tobacco that shall remain in the warehouses at that time: And where two houses are under one inspection, one inspector shall attend the said warehouses, alternately: And where any tobacco shall be brought to any public warehouse, by the overseer of the owner thereof, the inspoctors shall give notes in the name of the owner, and not of the overseer. | Attendance of inspectors. Overseers. |
| XXI. And, that after the ninth day of November next, no inspectors shall be allowed in his accounts any charge for nails; but the nails of all crop tobacco shall be furnished by the owners thereof, and the inspectors shall receive six pence for every hogshead of transfer tobacco, from the owners thereof, over and above five shillings for inspection; any thing in the said first mentioned act, to the contrary, notwithstanding. | Nails, &c. |
| XXII. And for preventing all frauds and deceit, in the weights of tobacco, passed at the said warehouses, Be it enacted, by the authority aforesaid, That the justices of each county, wherein any warehouses are built, shall, once every year, at least, appoint two or more of their number, to examine and try the weights at the several warehouses, by the standard weights of the county: And where any county shall not be provided with standard weights, according to law, the said justices are hereby impowered and required, with all convenient speed, to provide at the charge of the county, brass weights of the lawful standard, (to wit,) one twenty | Weights, &c. |
| five pound weight, one twelve pound, one six pound, one four pound, one two pound, and one one pound weight; which said weights shall be kept in some safe place in the county, and shall not be removed thence, except only for trying weights at the several warehouses: And if the weights at any of the said warehouses shall be found deficient, or differing from the lawful standard, the said justices shall cause the same to be amended, and made conformable to the standard, at the charge of the county. | |
| XXIII. And, for the better examining and redressing of all complaints against any inspectors, who shall transgress the rules established by this, or either of the said former acts, Be it further enacted, That any three justices of the peace, not being inspectors at any public warehouse within this colony, whereof two shall be of the quorum, shall have power to hear all complaints against any inspector within their county, and to take the depositions of witnesses upon the matter of such complaint, on both sides; which shall be transmitted by them to the governor and council, for their determination. And to the end such depositions may be taken in the best manner, the clerk of the county, or some sufficient person by him to be appointed, shall attend the said justices, for that purpose, and be paid by the county, or some sufficient person by him to be appointed, shall attend the said justices, for that purpose, and be paid by the county the same fee as is or shall be by law established for attending the examination of witnesses upon a dedimus potestutem. And moreover, the said justices shall have power to visit all or any of the public warehouses, within their county; and if they shall discover any negligence in the inspectors, either in securing the tobacco, or stowing the same away, for saving the room in such houses; or that they do not keep a sufficient number of hands, for dispatching the business; or that they do not attend constantly, according to the directions of this and the said former acts; the said justices shall certify the governor and council thereof: And if, thereupon, any inspector shall be adjudged guilty of a breach of duty, he shall be removed from his office, and for ever afterwards be incapable of serving in the office of an inspector. | Power of justices over inspectors. |
| XXIV. And to the end all complaints, in relation to the loading of ships, may be removed; and that the masters of all ships and vessels may be at liberty to act therein as they think best for the interest of their owners, | Repeal of former law. |
| Be it further enacted, That the clause in the said first mentioned act, prohibiting the master of any ship or other vessel, to employ his sailors in carrying tobacco to any warehouse, and obliging them to pay four shillings for every hogshead of tobacco put on board such ship or vessel, by the owners thereof, be, and is hereby repealed, and made void. | |
| XXV. And, for the further discouragement of all frauds, in exporting of tobacco, without being viewed and stamped, according to the directions of the said former acted, which hath been much practised both by land and water, to the prejudice of fair traders, Be it further enacted, That from and after the passing of this act, no person or persons whatsoever, shall buy or sell, or receive in satisfaction of any debt or contract, any tobacco, 'til the same shall have been viewed, and passed, as aforesaid, and inspectors notes delivered out for it; and every person acting to the contrary, that is to say, both the buier, and seller, and receiver, and paier, of such uninspected tobacco, shall forfeit ten shillings current money of Virginia, for every hundred pounds weight of such tobacco, so received, or bought, or sold; and so, in proportion, for a greater or less quantity; to be recovered, with costs, in any court of record, if it be twenty five shillings current money, or more; or under that sum, before any justice of the peace of the county where the fact shall be committed; and such justice shall issue an execution, either against the body or goods of the offender accordingly. | No tobacco to be sold, till inspected. |
| XXVI. And if any person or persons shall carry any tobacco, or being the owner thereof, shall employ, or suffer, any other person to carry the same by land or water into the province of North Carolina, or into the province of Maryland, without due entry thereof made with the officers of the customs in the district wherein the owner of such tobacco shall reside, and a permit obtained from them, according to the laws in that case made and provided, the person and persons, so respectively offending, shall forfeit the same penalty; to be recovered, by the informer, as aforesaid; so as all prosecutions, for the said penalties, be commenced within two years after the offence is committed. | Carrying tobacco to N. Carolina and Maryland. |
| XXVII. Provided always, That no permit be granted for carrying any tobacco into either of the said provinces, | Proviso. |
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| [The last text on this page is pro- indicating that the word will be completed on the next page. But the first text on the next page is the complete word provinces.] |
| until the same shall have been first passed, and stamped, according to the directions of the said former acts. | |
| XXVIII. And be it further enacted, That the several penalties, in the said first mentioned act, of twenty pounds current money, for every hogshead, cask, or case of tobacco, and of forty shillings, for every hundred weight of bulk tobacco, transported or carried into Maryland, be and are hereby repealed and made void: But so much of the said act as relates to the seising of such tobacco, and taking the examination of witnesses, residing in the said province of Maryland, shall remain and continue in force; and shall now be extended to the like cases, with respect to the said province of North-Carolina. | Former act repealed. |
| XXIX. And, to the end the frauds in shipping of tobacco, pressed in small packages, may be detected and prevented, Be it further enacted, That where any justice of the peace shall know, or receive information upon oath, of any tobacco being pressed in any cask, chest, case, or other package whatsoeuer, in order to be shipped off, he, or any constable, by his warrant, shall have power to enter any suspected house, and to break open all doors, either by night or day, to search for the same; and finding any tobacco, pressed in any cask, chest, or case, that shall not contain two hundred weight of nett tobacco, or any other package, made up in linnen, cords, or spunyarn, of any weight whatsoever, such justice, or constable, respectively, shall seise & destroy the same; and the person, in whose possession such tobacco shall be found, shall forfeit to the informer, ten shillings current money, for every hundred pounds weight; and so, in proportion, for a greater or less quantity; to be recovered, as in the other penalties aforesaid is directed: And if any action shall be brought against any justice of the peace, or constable, for doing any thing in the execution of this act, the defendant may plead the general issue, and give this act in evidence: And the plaintiff shall be non-suit, or judgment pass against him, upon a verdict, or demurrer, the defendant shall recover double costs. | Frauds in shipping, how detected. |
| XXX. And be it further enacted, That no tobacco shall hereafter be carried by water, to be inspected, out of the district limited and appointed for the several naval officers of this colony, wherein the same is or shall | Tobacco not to be inspected out of the district where made. |
| be made; or being so carried, shall not be inspected and passed by any inspectors, knowing the same to be made out of such district; upon pain of forfeiting, by the owner of such tobacco, and the inspectors who shall pass the same, respectively, twenty shillings, for every hogshead; to be recovered by the informer, as aforesaid. | |
| XXXI. And be it further enacted, That the said act, intituled, An Act for amending the Staple of Tobacco, and for preventing Frauds in his Majesty's Customs, for so much thereof as is not repealed, or altered by the said other act, made in the fifth year of his present majesty's reign; or by one other act of the same year, To enable the Masters of Ships to employ their own Sloops, Boats, and Sailors, in carrying Tobacco from the Public Warehouses on board their Ships; or by this present act, shall continue and be in force, from the ninth day of November, in the year of our Lord one thousand seven hundred and thirty-five, for four years next following, and no longer: And that so much of the said former act as is contrary to any thing contained in this act, shall be, and is hereby repealed, and made void. | Limitation of this act, and others. |
| CHAP. II. An Act, for continuing an Act, intituled, An Act for Laying a Duty on Liquors. | |
| I. WHEREAS the duty upon liquors, as the same is laid, by one act of the general assembly, made at the last session, hath been found, by long experience, the most easy expedient for raising money, to answer the exigencies of this government; and, at this juncture especially, is necessary to be continued, for discharging the public debts: | |
| 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 the said act, made in the fifth and sixth years of his majesty's reign, intituled, An Act for laying a Duty on Liquors, shall be and continue in force, from and after the expiration thereof, for and during the term of four years from thence next following, and no longer. | Former act continued. |
| III. Provided nevertheless, That from henceforth, if any importer of the liquors in the said act mentioned, shall desire to transport the same from one district to another, within this colony, it shall be lawful for such importer to make oath before some justice of the peace of the county where he lives, that he hath duly entered such liquors with the collector of the duties, and paid, or secured, all the duties, according to the said act, and another act, of the twelfth year of the reign of the late king George I. Which oath such justice shall certify, with the mark, number, and contents of every cask, and in what vessel the same was imported, under his hand; and such certificate being produced to the collector of the duties, in the district to which the said liquors shall be transported, shall be a sufficient warrant for the owner thereof to sell the same, in such other district; any thing in the said former acts, to the contrary hereof, notwithstanding. | How liquors sent from district to district. | |
| CHAP. III. | ||
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| I. WHEREAS the act of this general assembly, made at the last session, intituled, An Act for laying a Duty upon Slaves, to be paid by the Buyers, hath been found very easy to the subjects of this colony, and no ways burthensome to the traders in slaves: To the end therefore that a competent revenue may be raised, for preventing or lessening a poll-tax. | 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 the said act shall continue and be in force, from and after the expiration thereof, for and during the term of four years, from thence next following, and no longer. | Duty on Slaves continued. |
| CHAP. IV. | ||
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| I. WHEREAS an act was made in the first year of the reign of his present majesty, intituled, An Act for making more effectual provision against Invasions and Insurrections; which was continued by another act, made in the fifth and sixth years of his said majesty's reign, and is now near expiring, and fit to be further continued. | 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 the said first recited act shall continue and be in force, for three years, from and after the thirtieth day of March next, and no longer. | Former act continued. | |
| CHAP. V. | ||
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| I. WHEREAS, notwithstanding the act of the general assembly, lately made, For restraining the taking of excessive Usury, several usurious contracts are still supposed to be subsisting, which were either made before the passing of the said act, or between the time of passing it and that of its commencement; and though there was no law, then in being, to punish such unreasonable lenders, it is very just, that such contracts, which were always unrighteous, and fit to be punished, should not be binding: | Preamble. | |
| II Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted and declared, by the authority of the same, That all bonds, contracts, covenants, conveiances, agreements, and assurances, whatsoever, had, made, or enter'd into, at any time or times before the twenty ninth day of September, in the year of our lord one thousand seven hundred and thirty, and now subsisting, | Contracts for more than 6 per cent. the late legal interest, void. |
| whereby any interest, above the rate of six pounds in the hundred, per annum, is, or was agreed to be taken or paid, shall be void and null, as to all interest over and above the said six pounds in the hundred, per annum, to be computed from the time of the first lending, or contract. | |
| III. And, lest the not giving costs in the said former act, upon a recovery, may discourage people who borrow small sums of money, from brining actions for the penalties therein mentioned, Be if further enacted, That in all cases hereafter, where judgment shall be recovered, for any penalty, not exceeding ten pounds current money, either upon the said act, For restraining the taking of excessive Usury, or upon this act, the plaintiff shall also recover his full costs; but no costs shall be allowed, where the penalty recovered shall exceed the said sum of ten pounds. | Plaintiff shall recover costs. |
| IV. And, to the end that people may not be oppressed with the paiment of exorbitant interest, for want of proof of an usurious contract, which is always made in secret, and with such caution, that it can seldom be detected in the ordinary course of evidence, Be it enacted, That it shall and may be lawful, for any borrower of money, hereafter to be lent, to exhibit a bill in the general court, or any county court of this colony, against the lender; and to compel him to discover, upon his corporal oath, the principal money actually lent, and the contract made between them, for the paiment of interest: And in such case, if it shall appear, that more than lawful interest was reserved, the lender shall be discharged from all the penalties of this, and the said former act; yet he shall lose not only all such unlawful usury, but shall be obliged to accept the principal money, without any interest. | Borrower may exhibit a bill in equity. |
| V. And whereas the high interest of money has been found, in all countries where it has prevailed, to impoverish the people, and a great discouragement to trade and industry, Be it further enacted, That no person or persons whatsoever, from and after the tenth day of November next following, upon any contract which shall be made after that time, take, directly or indirectly, for loan of any monies, wares, merchandise, or other commodities whatsoever, above the value of five pounds, for the forbearance of one hundred pounds for a year; and so, after that rate, for a greater or lesser | Interest reduced to 5 per cent. |
| sum, or for a longer or shorter time; and that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for paiment of any principal, or money, to be lent, or covenanted to be performed upon, or for any usury, whereby there shall be reserved, or taken, above the rate of five pounds in the hundred, as aforesaid, shall be utterly void: And that all and every person or persons whatsoever, which shall, after the time aforesaid, upon any contract to be made after the said tenth day of November, take, accept, and receive, by way or means of any corrupt bargain, loan, exchange, shift, or interest, of any wares, merchandise, or other thing or things whatsoever, or by any deceitful way or means, or by any covin, or deceitful conveiance, for the forbearing or giving day of paiment, for one whole year, of and for their money, or other thing, above the sum of five pounds, for the forbearing of one hundred pounds for a year; and so, after that rate, for a greater or lesser sum, or for a longer or shorter time, shall forfeit and lose, for every such offence, the double value of the monies, wares, merchandises, and other things, so lent, bargained, exchanged, or shifted; to be recovered, as in the said former acts is mentioned. | Penalty for exceeding. | |
| CHAP. VI. | ||
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| I. WHEREAS, by the act passed in the ninth year of the reign of the late queen Anne, intituled, An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Shooting and Ranging thereupon, it is among other things, enacted, That no lands, tenements, or other hereditaments, shall pass, alter, or change, from one to another, whereby an estate of inheritance, in fee simple, for fee tail, general or special, or any estate for life or lives, or any greater or higher estate, shall be made, or take effect, in any person or persons, or any use thereof to be made, by bargain and sale, lease and release, deed of settlement to uses, feofment, or other instrument, unless the same be | Preamble. |
| made by writing, indented, sealed, and recorded, in manner as therein is directed; which was intended as a security to purchasers and creditors, but by the strict wording of the act, has been construed to destroy all deeds poll, tho' they be recorded, and to make void all conveiances not recorded, even between the parties, tho' in respect to them, recording be unnecessary; yet ways have been found out, and of late much practised, by making mortgages, marriage settlements, and deeds in trust, for long terms of years, (which are not provided against) to defraud both creditors and purchasers, and so to elude the only design of the said act: For preventing of which practice for the future, and for preserving and supporting such conveiances between the parties, which are bona fide, made without any fraud, | |
| 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 deeds, mortgages, and other settlements and conveiances, for any lands, tenements, or hereditaments, within this dominion, heretofore, bona fide, made and executed, whether the same be by deed poll, or otherwise, shall be good, valid, and binding between the parties thereto and their heirs, notwithstanding the same have not been heretofore acknowledged, or proved, and recorded. | Former conveyances, bona fide, confirmed, though not recorded. |
| III. And for a greater security to creditors and purchasers, Be it enacted, by the authority aforesaid, That all bargains, sales, and other conveiances whatsoever, of any lands, tenements, and hereditaments, whether they be made for passing any estate of freehold, or inheritance, or for term of years, and all deeds of settlement upon marriage, wherein either lands, slaves, money, or other personal thing, shall be settled, or covenanted to be left, or paid, at the death of the party, or otherwise, and all deeds of trust whatsoever, shall be void as to all creditors and subsequent purchasers, unless they be acknowledged, or proved, and recorded, according to the directions of the said act: And all such deeds, and conveiances, heretofore made, shall be void, unless they be acknowledged, or proved, and recorded, after passing this act, in the general court, or in the counties where the lands, or other things, lie, or where the parties live, and within the several times in the said | Hereafter void against creditors, &c. if not recorded. Mortgages. Marriage settlements. Deeds of trust. |
| act limited; but the same, as between the parties, shall, notwithstanding, be valid and binding. | |
| IV. And to the end, persons who are inclined to lend money upon the security of lands, slaves, or other things, offered to be sold, or mortgaged, be free from prior incumbrances, Be it enacted, That a memorial of all bargains, sales, mortgages, or other conveiances, marriage settlements, and deeds of trust, whereby any estate, real or personal, of any person or persons whatsoever, within this colony, may be effected, charged, or incumbred, shall be registred in the secretary's office, in books to be kept for that purpose; which memorials shall contain the date of the deed, or conveiance, the names, sirnames, and additions of the parties thereto, the consideration mentioned therein, the quantity of land conveied, settled, or mortgaged, and where the same lie; and the number and names of the slaves, and description of the personal estate (if any be) sold, settled, or mortgaged: And the clerks of all and every the county courts, within this dominion, are hereby required, twice in every year, that is to say, in the months of April and October, to transmit to the secretary's office, memorials of all such deeds, settlements, mortgages, or other conveiances, as shall have been acknowledged, or proved, and recorded, in their respective county courts, for the preceding half year; and for all such of the said deeds as shall be acknowledged in the general court, the clerk of the secretary's office shall enter the memorials thereof, in the register, to be kept by him, as aforesaid. | Memorials to be recorded in secretary's office. Duty of clerks of courts. |
| V. And whereas, by one other clause in the afore-recited act, it is enacted, That it shall not be lawful for any person or persons whatsoever, to levy any fine, or suffer any recovery to be had, whereby to cut off or defeat any estate in fee tail, general or special, of or in any lands, tenements, or hereditaments, within this colony; neither shall such estates tail be cut off, or any other-ways avoided or defeated: except only by an act of the general assembly of this dominion in such particular case to be had and made: Which method has been found, by experience, so expensive, to poor people seised in fee tail of small and inconsiderable parcels of land, often times ignorant, or not designed to be devised in |
| tail by their ancestors, that they are not able to go thro' it; and therefore the docking intails by easier methods, will be a great relief to such poor people and their families, who, without it, must be confined to labour upon such small parcels of land, when, by selling them, they might be enabled to purchase slaves, and other lands more improveable: | |
| VI. Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That it shall and may be lawful, to and for any person or persons, seised in fee tail, general or special, of or in any lands, tenements, or hereditaments, within this colony and dominion, not exceeding the value of two hundred pounds sterling, and not being parcel of, or contiguous to, other intailed lands, of the same party, to sue out a writ from the secretary's office, in the nature of an ad quod damnum, to the sheriff of the county where such intailed lands lie, commanding him to enquire, by the oaths of good and lawful men of his county, of the value of such lands, and whether they be parcel of or contiguous to, other intailed lands, as aforesaid: And such sheriff shall return his inquisition to the said office; and if the said lands shall be found not to exceed the value, as aforesaid, and to be a separate parcel as aforesaid, then a deed of bargain and sale, reciting the title, and such inquisition, wherein a valuable consideration shall be expressed, and, bona fide, paid, acknowledged, or proved by three witnesses, before the general court, within eight months after the date thereof; and the right of the issue of the vender, and of all other persons, in remainder or reversion, shall be barred, in the same manner as the same estate might be barred, by fine, or recovery, according to the laws of England. | Estates tail, of less value than 200l. sterling, how conveyed. |
| VII. And whereas the said act hath provided a method for feme coverts to pass away their estates, by conveiances executed by them and their husbands, and personally acknowledged, in the general court, or the court of the county where the lands lie, by such feme-coverts, after they have been examined by such court privily and apart from their husbands, touching their free consent to the same; which is declared to be as available for that purpose, as a fine levied in England, by a feme-covert: And whereas it has sometimes happened, that | Privy examination of feme-covert, permitted out of court. |
| feme coverts, thro' the infirmity of their health, have not been able to travel to the county court or general court, to acknowledge their deeds for passing away their estates; and though a commission to receive such acknowledgment might have been as effectual as a personal acknowledgment, yet clerks have scrupled to issue the same, 'til the court shall award a commission which may often be too late, and a great disappointment to such feme coverts in the settlement of their estates; and where it has been done, some have disputed the legality of the method: Therefore, Be it further enacted, by the authority aforesaid, That it shall and may be lawful for the clerk of the general court, or the clerk of any county court, to issue a commission, to two or more commissioners, being justices of the peace in the county where the feme shall reside, for receiving the acknowledgment of any deed of such feme covert, for passing her estate, in any lands, tenements, or hereditaments; and such deed, acknowledged before them, after they shall have examined her privily, and apart from her husband, touching her consent, and certify'd the judges before whom such commission shall be returnable, thereof, shall be recorded, together with the commission, and return; and shall be as effectual, as if the same had been personally acknowledged in court by such feme covert. And where any such deed hath been heretofore acknowledged before commissioners, and they shall have certify'd the privy examination, and acknowledgment, as aforesaid, the same is hereby likewise declared to be valid, and so shall be adjudged, deemed, and taken. | To be recorded. Former examinations valid. |
| VIII. And whereas it has always been adjudged, that when a deed has been heretofore acknowledged by a feme covert, and no record made of her privy examination, that such deed is not binding upon the feme, or her heirs; yet the reason of those judgments are much questioned, and the same point is still constantly disputed: For setting peace in that matter, Be it further enacted, That the law shall always be held, and it is hereby declared to be therein, according to the said judgments, and shall never hereafter be questioned; and the clerks of the courts, before whom any deed of a feme covert shall be acknowledged, shall always, hereafter, record her privy examination. | Femes covert, not bound, if acknowledgment be not recorded. |
| IX. And whereas, by another clause in the said act all writs of right, and other actions possessory, are limited to be maintained upon the possession and seizen of the demandant, or his or her ancestor, within thirty years next before the teste of the writ; saving nevertheless, the rights of infants, feme coverts, persons of insane memory, in prison, or beyond the seas, in all times to come, which is a manifest contradiction; and where any of these incapacities have intervened, has introduc'd a difficulty in counting in real actions, that has discouraged people from bringing them, when they can have no other remedy for recovering their rights: Be it therefore enacted, That the saving clause aforesaid, be and is hereby repealed; and, instead of thirty years, any person may hereafter maintain a writ of right upon the possession or seizen of his or her ancestor or predecessor, within fifty years, or any other possessory action, upon the possession or seizen of his or her ancestor or predecessor, within forty years next before the teste of the writ; but no person shall maintain a real action upon his own possession or seizen, but within thirty years next before the teste of the writ, as in the said act is already limited. | Writs of right, limitation of. |
| X. And for the more easy prosecution of real actions, Be it further enacted, That the process therein shall be the same as is used, and have the same effect, as in England; except that the returns shall be according to the laws of this colony: but that all essoins, views, and vouchers, be and are hereby taken away; and after one imparlance unless the tenant shall plead non tenure, joint tenancy, or several tenancy, in abatement, and then after such plea shall be over-ruled, he shall put himself upon the grand assize, and the mise shall be joined upon the mere right, and shall be tried at the next court by sixteen jurors, to be summoned, tried, and sworn, as in all other actions: And to remove all delays, and groundless pretences, in saving the default of the tenant, no excuse shall be admitted, but non summons; and such excuse being allowed, he may imparle; and at the next court, shall either plead in abatement, or put himself upon the grand assize, as aforesaid. | Process and proceedings, in real actions. |
| Pages 357-379
| Pages 403-425
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