Pages 469-487 ![]() | ![]() |
CHAP. VII. An Act for the greater ease and encouragement of Sherifs. | |
I. WHEREAS, by reason of the situation of most of the county prisons, within this colony, some evil disposed persons have had opportunities of breaking the same open, and turning out debtors and others, to the hindrance of justice, the injury of creditors, and ruin of sherifs, who, upon actions brought for escapes, have been compelled to pay the debts with which such prisoners stood charged: For remedy whereof, for the future, | 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 no judgment shall be entered against any sheriff, or any other officer, in any suit hereafter to be brought, for the escape of any debtor in his or their custody, unless the jury, who shall try the issue, shall expressly find, that such debtor or prisoner did escape with the consent, or through the negligence of such sheriff, or his officer or officers; or that such prisoner might have been retaken; and that the sheriff, and his officer neglected to make immediate pursuit. | When sheriff liable for escapes. |
III. And, for removing all doubts and controversies, touching the manner of turning over prisoners, upon a sheriff's going out of his office, Be it enacted, by the authority aforesaid, That the delivery of the prisoners, by indenture to be made between the old sheriff and the new, according to the practice in England; or the entring upon record, in the county court, the names of the several prisoners, with the causes of their commitment, shall be sufficient to discharge the late sheriff from all suits or actions for any escape that shall happen afterwards. | Prisoners, how turned over. |
IV. And, for the more effectual retaking and securing persons who shall escape out of prison, Be it enacted, | Escape warrants, how issued. |
by the authority aforesaid, That if any person committed, rendered, or charged in custody, in execution, or on mesne process, to any county prison, shall thence escape; it shall and may be lawful, to and for any justice of the peace in the county where such prisoner was committed, upon oath made before him, by the sheriff, under-sheriff, goaler, or other credible person, to grant unto any one, who shall demand the same, one or more warrant or warrants, under his hand and seal; wherein shall be recited, the cause of such prisoner's commitment, and time of his or her escape, directed to all sherifs, maiors, bailifs, constables, and headboroughs, within this colony and dominion, thereby commanding them, and every of them, in their respective counties, cities, towns, and precincts, to seise and retake such prisoner so escaped; and being so retaken, forthwith to convey and commit to the prison where debtors are usually kept, in the county where such retaking shall happen: And the sheriff of such county is hereby required to receive such prisoner into his custody, and to give a note, testifying the receipt of such prisoner; and shall also make return to the execution of such warrant, to the court of the county where the said prisoner was first committed: And if such prisoner was committed in execution, then the said sheriff shall keep him or her in custody, without bail or mainprise, until he or she shall make full paiment and satisfaction, to the plaintiff or plaintiffs, creditor or creditors, in whose name such execution was sued out, or until the judgment or judgments obtained against such prisoner shall be reversed or discharged by due course of law: And where any prisoner shall have been committed upon mesne process, in any action of debt, or upon the case, the sheriff of that county, to whom he or she shall be committed, upon his or her retaking, shall, in like manner, safely keep such prisoner in his custody; and make return of the execution of the warrant, by which such prisoner was retaken, to the court of that county, wherein he or she was first arrested: And thereupon, it shall and may be lawful for the said court, upon the plaintiff or creditor's filing his declaration, to proceed and give judgment thereon, according as the truth of the case shall appear to them, in the same manner as if the prisoner or prisoners had appeared in the said court, and refused to plead, unless the said defendant | How returned. When the commitment was on mesne process. |
or prisoner shall cause special bail to be entered for him or her in the said court, and shall immediately plead to issue: And then and in that case, upon certificate of such bail being given, under the hand of the clerk of that court, and delivered to the sheriff, in whose custody the said defendant or prisoner shall be, it shall and may be lawful for the said sheriff to set such defendant or prisoner at large, and not otherwise. | |
V. Provided always, That if any prisoner escaping, and being retaken, as aforesaid, shall thereafter be charged with treason, felony, or other crime or cause, in behalf of his majesty, his heirs and successors, for which he or she ought to be tried in the general court of this dominion; and shall be thereupon removed to the public goal in Williamsburg; every such person shall be charged in the said public goal, with all the causes wherewith he or she was so charged in the goal from whence he or she was so removed; and shall be discharged in like manner as is herein before directed. | If charged with criminal offence. |
VI. And that where any person shall hereafter be committed, in any civil action, to a county goal, for any cause or thing cognisable in the general court, it shall and may be lawful for such person to sue out a habeas corpus, cum causa, to remove his or her body to the public goal at Williamsburg, and the cause of such commitment into the general court; and the clerk of the secretary's office is hereby authorised and required, upon the application of any such prisoner, to issue the said writ accordingly. | Habeas corpus. |
VII. And be it further enacted, That it shall and may be lawful, to and for any officer and officers, or any other person or persons, by virtue of any of the warrants aforesaid, to take, arrest, and apprehend any prisoner or prisoners so escaping, upon the Lord's day, commonly called Sunday; any law, statute, or usage, to the contrary, notwithstanding. | Escape may be executed on Sunday. |
VIII. Provided nevertheless, That it shall and may be lawful for any person imprisoned for debt or damages, to discharge him or herself, by delivering a schedule of his or her whole estate, and taking the oath mentioned in one act of assembly, made in the twelfth year of the reign of our late sovereign lord George the first, intituled, An Act to repeal the Act, Intituled, An Act, directing the manner of levying Executions, and | Prisoners be discharged. |
for relief of poor Prisoners for debt; and one other act, to explain the said Act, and to declare the Law concerning executions, and for relief of poor Prisoners for debt, in such manner, as in and by the said act is directed and prescribed. | |
IX. And forasmuch, as by the said last mentioned act, It is enacted, That where any person being taken, or charged in execution, shall not be able to satisfy his or her prison fees, such fees as should accrue for the first twenty days imprisonment, should be discharged by the county; and the sheriff or goaler might demand and recover of the party, at whose suit such insolvent person should be imprisoned, all such fees as should become due after the expiration of the said twenty days, until the creditor should agree to release such prisoner; but notwithstanding, divers insolvent persons have been detained in prison, contrary to the design of the said act, until large sums have become due for the fees, and the creditors have refused to pay the same, or to release such prisoner: For prevention whereof for the future, | |
X. Be it further enacted; That where any insolvent person shall hereafter be committed for any sum whatsoever, and the creditor, upon notice given thereof, shall either fail to give security to the sheriff or goaler, for the paiment of the prison fees; or shall fail to pay the same, when demanded in tobacco, or money, at the rate of ten shillings per hundred, it shall and may be lawful for the sheriff or goaler to discharge such debtor out of prison. | Prisoner may be discharged, for want of prison fees. |
XI. And whereas, felons, and other criminals, committed to the county prisons, in order to their examination, and removal to the public goal at Williamsburg, and slaves committed for capital offences, being conscious of their own guilt, are most likely forcibly to break prison, and make their escapes: For preventing thereof, Be it enacted, by the authority aforesaid, That where any person or persons accused of treason, felony, or any other capital crime, shall be committed to any county goal prison, and the sheriff shall have just cause to suspect such person or persons will attempt to make their escape; such sheriff is hereby impowered and required, to impress a sufficient guard for securing such prisoner or prisoners, so long as he, she, or they continue in the said county goal, at the charge of, and to be levied | Guard may be impressed by sheriff. |
on, the said county, and to be repaid by the public, in the same manner as is provided for the charges of summoning and holding the courts for the examination of criminals. | |
XII. And forasmuch; as sherifs, and other officers, are put to great and unnecessary trouble, in collecting and receiving the quit-rents due to his majesty, and the public, county, and parish levies, where persons have mortgaged their lands, negros, and personal estate, to their creditors: Be it enacted, by the authority aforesaid, That where any person or persons holding lands of his majesty, shall neglect to satisfy and pay the quit-rents due for the same; or shall be indebted for public, county, or parish levies, and shall not discharge the same within the time limitted for the paiment thereof, it shall and may be lawful to and for such sheriff, or other officer, entrusted with the collection of the said quit-rents, or levies, or either of them, to destrain any of the slaves, goods, or chattels, which shall be found upon the said lands, or in the possession of such mortgager; notwithstanding the said slaves, goods, or chattels, may be comprised in any mortgage; so as such distress be first made on the personal estate: And thereupon, the like notice, and proceedings, for the sale thereof, shall be had, as is prescribed by one act of assembly, made in the third and fourth years of his present majesty, intituled, An Act to enable the sale of Goods distrained for Rent; and to secure such Goods to the Persons distraining the same, for the better security of Rents; and to prevent Frauds committed by Tenants: And such sale made by the sheriff, or other officer thereunto appointed, shall be good and effectual in law, against all and every person or persons whatsoever, claiming, or pretending to claim any right, title, or interest, in or to any of the said slaves, goods, or chattels. | Slaves, &c. mortgaged, liable to quit-rents, and levies. |
XIII. And where any arrears of quit-rents, levies, or officers fees, are or shall be due from any person or persons whatsoever, and the sheriff, to whom the same ought to have been paid, dies, or shall be removed from his office; it shall and may be lawful, to and for the succeeding sheriff or sherifs to make distress for the same, upon the slaves, goods, or chattels of the person or persons so chargeable, and to make sale thereof, in manner aforesaid; that is to say, as to quit-rents, for | Successor of sheriff may distrain for levies, &c. |
sterling money; or bills of exchange; and as to levies and officers fees, for tobacco; to be accounted for and paid by such sheriff, to his majesty's receiver general, county and parish creditors, and officers, respectively. | |||||||||||||||||||||||
XIV. And be it further enacted, by the authority aforesaid, That for all tobacco cue for public, county, or parish levies, quit-rents, secretary's, clerks, sherifs, surveiors, or other officers fees, put into the hands of any sheriff to collect and discharge, by inspectors notes; such sheriff shall have and receive an allowance of six per cent. for collecting and paying the same, instead of the four per cent. formerly allowed for that service. | Commission for collecting. | ||||||||||||||||||||||
CHAP. VIII. An Act for the better regulating and collecting certain Officers fees; and other purposes therein mentioned. | |||||||||||||||||||||||
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 commencement 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, constables, and surveiors, respectively, to demand, receive, and take, the several fees herein after mentioned and allowed, for any business by them respectively done, by virtue of their several offices; and no other fees whatsoever: (that is to say,) | |||||||||||||||||||||||
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Secretary's fees. |
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II. And if any plaintiff or defendant, or his or her attorney, shall take out copies of his or her own declaration or pleadings, or of his or her own papers, in any cause, or of any common order made in such cause, the charge of such copies shall not be allowed in the bill of costs, altho' such party recover: And where more attornies than one shall be employed in any cause, on one side, if such attornies take out more than one copy of any thing necessarily relating to the suit, yet no more than one copy shall be allowed in the bill of costs, although costs be adjudged against the adverse party. | What fees not to be taxed. | |||
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III. And, to the end all persons chargeable with the payment of any of the fees aforesaid, may certainly know for what the same are charged, Be it further enacted, That none of the fees herein before mentioned, shall be payable by any person whatsoever, until there shall be produced, or ready to be produced, unto the person owing or chargeable with the same, a bill or account, in writing, containing the particulars of such fees, signed by the clerk or officer to whom such fees shall be due, or by whom the same shall be chargeable, respectively; in which said bill or account, is and shall be expressed in words at length, and in the same manner as the fees aforesaid are allowed by this act, every fee, for which any money or tobacco is or shall be demanded. | How fee-bills to be made out. |
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Coroner's fees. |
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Constable's fees. | ||||||||||||||||||||||||||||||||||
IV. And be it further enacted, That the clerk of the secretary's office shall cause to be set up in some public place in that office, and there constantly kept, a fair | Table of fees to be set up. |
table of the secretary's fees, herein before mentioned; on pain of forfeiting two thousand pounds of tobacco for every general court day the said table shall be missing, through his neglect: And that the clerk of every county court shall, in like manner, set up a fair table of all the 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 court 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 or may be recovered in any court of record, within this dominion, by action of debt, or information. | |
V. And that if any officer whatsoever hath heretofore taken any greater fee than was by the laws in force allowed, or hereafter shall claim, charge, demand, exact, or take, any more or greater fees for any writing, or other business by him done, within the purview of this act, than herein before set down and ascertained: Or if any officer shall charge or demand, and take any of the fees herein before mentioned, where the business for which such fees are chargeable, shall not have been actually done and performed, to be proved by the fee book of such officer, upon his corporal oath; such officer, for every such offence, shall forfeit and pay to the party injured, besides such fee or fees, two hundred pounds of tobacco, for every particular article or fee, so unjustly charged, or demanded, or taken: To be recovered with costs, in any court of record, within this dominion, by action of debt, or information, provided the same be sued for within twelve months after the offence shall be committed. | Penalty for exacting more than legal fees. Limitation. |
VI. Provided always, That nothing herein contained shall be construed to inflict any penalty on any of the said officers, for demanding and taking the fees respectively allowed to be taken by them, by one act of assembly, made in the eighth year of his majesty's reign, entitled, An Act for better regulating and collecting certain officers fees; and for other purposes therein mentioned, at any time before the publication of this act; for which two months after the commencement thereof, is hereby allowed. | Proviso. |
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, | Fees, when to be put into hands of sheriff. |
and every surveior, shall, annually, before the twentieth day of December, deliver, or cause to be delivered, to the sheriff of every county in this colony, respectively, their accounts of fees due, from any person or persons residing therein; which shall be signed by the said clerks and surveiors, respectively. And the said sheriff is hereby required and impowered to receive such accounts; and to collect, levy, and receive the several quantities of tobacco therein charged, of the several persons chargeable therewith: And if such person or persons, after the said fees shall be so demanded, shall refuse or delay to pay the same, 'til 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 become due, shall have full power, and is hereby required, to make distress and sale of the slaves, or goods and chattels of the party so refusing or delaying paiment, either in that county where such person inhabits, or where the said fees became due. | How collected and accounted for. |
VIII. But no action, suit, petition, or warrant, from a justice, shall be had or maintained for secretary's, county court clerks, or surveiors fees; unless the sheriff shall return, that the person owing, or chargeable with such fees, hath not sufficient within his bailiwic, whereon to make distress; except where the clerk, or other officer aforesaid, shall have lost his fee book by fire, or other misfortune, so that he be hindred from putting his fees into the sheriff's hands to collect; and in that case, any suit or warrant may be had and maintained for the recovery thereof. And if any sheriff shall be sued for any thing by him done, in pursuance of this act, he may plead the general issue, and give this act in evidence. | When suit may be bro't for fees. |
IX. 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 clerk of the respective county courts, and the respective surveiors, for all fees put into his hands, pursuant to this act, and pay the same, abating six 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 allowance of what is charged to persons not dwelling | Sheriff, when to account for fees. |
or having no visible estate in his county: it shall and may be lawful for the secretary, or clerk, or surveior, 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 is hereby authorised and required to give judgment accordingly; and to award execution thereupon; provided, that the sheriff have ten days previous notice of such motion. | |
X. And be it further enacted, That the respective county courts, in every cause, except where the same shall be brought by petition, where the plaintiff shall recover, or be nonsuited; or where his suit shall be dismissed, 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, or where the plaintiff may not recover more costs than damages. | Lawyer's fee to be taxed. |
XI. And be it further enacted, That this act shall commence and be in force the fourth day of October next, and remain in force two years, and from thence to the end of the next session of assembly; and shall be deemed a public act. |
Pages 469-487 ![]() | ![]() |