Pages 16-35  ======   ======  Pages 54-72

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CHAP. VIII.

An Act, for amending the Act, intituled, An Act, concerning Tithables.
I. WHEREAS, the act of assembly made in the fourth year of the reign of the late queen Anne, intituled, An Act concerning Tithables, hath not been found effectual, to oblige persons to list their tithables, according to the intent and meaning of the said act; it having been practised by some persons, being owners of plantations in different counties, and parishes, when they have known, or been apprehensive, that the levies would run high in one of those counties, or parishes, by reason of public buildings, or other emergencies, to remove their tithables, some small time before the ninth of June, out of the said county, or parish, to some other plantation in another county, or parish; and afterwards, in a short time, have caused the same, or other tithables in their room, to return to the county, or parish, from whence they were so removed: and it hath been also practised by others, for avoiding the paiment of their levies, to combine together not to list their tithables, and then covinously to inform, or sue, and obtain judgments against each other as concealers of tithables, whereby others have been prevented from prosecuting them for the same, to the great encouragement of such offenders: for the preventing of which evil practices, 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 if any master or mistress of a family, or in his or her Tithables removed.

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absence, or non-residence at the plantation, his or her attorney, or overseer, shall remove his or her tithables from one plantation to another, with intent to avoid the paiment of levies in the county, or parish, from whence they were so removed; and shall afterwards cause the same, or other tithables in their room, to return to the plantation from whence they are removed, in manner as herein before is mentioned; every such master or mistress, attorney, or overseer, shall be adjudged and taken, and is hereby declared to be a concealer of the said tithables so removed, and shall be liable to all the penalties and forfeitures inflicted by the said recited act, or by this act, for concealing, or not listing of tithables And that one moiety only of the penalties and forfeitures inflicted by the said recited act, shall go and be to the use of the informer; and the other moiety to the churchwardens of the parish where the offence shall be committed, to the use of the said parish. Any thing in the said act, or any other act, to the contrary, notwithstanding.
      III. And for the ease and encouragement of mariners and seafaring persons, Be it further enacted, by the authority aforesaid, That all mariners and seafaring persons not being freeholders, commonly emploied in navigation, and who actually pay towards the support of Greenwich hospital, out of their wages, shall, and are hereby exempted from being listed as tithables; and from paying any public, county, or parish levy. Any law, usage, or custom, to the contrary, notwithstanding. Mariners exempted from paying levy.
CHAP. IX.
An Act, to restrain Sherifs, and other Officers, from making unreasonable seisures and distresses; and for other purposes therein mentioned.
I. WHEREAS, divers sherifs, and other officers, out of an evil design, upon writs of fieri facias, for small debts, have frequently seised slaves, and other estate of the defendants, of much greater value than the debt; and the collectors of officers fees, and of the public, county, and parish levies, have practised the same, in the distresses made by them, for such fees and levies; and some collectors of the parish levies,
Preamble.

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after the year in which the levies ought to have been paid, have brought suits for the same, in the name of the churchwardens; and after judgment, have taken the body of the debtor in execution, although sufficient distress for such levies might have been had; to the great oppression, damage, and loss of many of his majesty's good subjects; For remedy of which abuses, for the future,
      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 sheriff, or other officer, to whom any writ of fieri facias shall be directed, shall hereafter take in execution any slave or slaves, unless the debt and costs, mentioned in such fieri facias, shall amount to the sum of ten pounds, or two thousand pounds of tobacco; provided there shall be shewn to such sheriff, or other officer, by the defendant, or any other person, sufficient goods and chattels of such defendant, within the bailiwick of such sheriff, or other officer, upon which he may levy the debt and costs mentioned in such fieri facias. And that no collector of any officers fees, or of any public, county, or parish levies, shall hereafter seise or make distress upon the slave or slaves of any person, for such fees or levies, if other sufficient distress can be had: And that no sheriff, or other officer, or collector of fees or levies, shall make or take unreasonable seisures or distresses. And if any sheriff, or other collector of fees or levies, as aforesaid, shall act contrary hereto; such sheriff, officer, or collector, shall be liable to the action of the party grieved, grounded upon this act; wherein the plaintiff shall recover his full costs, although the damages given, do not exceed forty shillings. Slaves not to be taken in execution for less than 10l.
      III. And be it further enacted, by the authority aforesaid, That no action or suit shall, hereafter, at any time, be brought for any parish levies, where distress may be had for the same: And that were any such levies shall not be paid to, or received by, the collector of the same, in the year in which such levies ought to be paid, it shall and may be lawful, to and for any succeeding collector of the parish levy, to make distress for the same, at any time, within three years after such levies first became due, and not afterwards. And that it shall not be lawful for any justice of the peace, at any No action to be brought for levies or fees.




No justice to grant a Ca. Sa.

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time hereafter, to grant an execution upon any judgment given by him, out of court, against the body of the debtor, or defendant. any law usage, or custom, to the contrary, in any wise, notwithstanding.
CHAP. X.
An Act, for the better regulating and collecting certain Officers fees; and for 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 surveyors, 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,)
Current Money
To the Secretary. s. d.
For making out, sealing, and recording at large,
      a patent for land, before the same shall be
      recorded, 		8 0
For making out, sealing, and recording at large,
      a patent commonly called a double patent,
      before the same shall be recorded, 		12 0
For parchment for every patent, 2 6
For recording every warrant to an escheat, and
      the inquisition thereupon, 		11 6
For a copy thereof, the same
For every pass 10 0
For every freedom for a ship or vessel, 10 0
For every testimonial, 10 0
For every writ, in the nature of an ad quod
      damnum, to be paid upon issuing such writ, 		5 0
For recording the same, with the inquisition
      thereupon, to be paid before the inquisition be
      recorded, 		11 6
For a copy of such writ and inquisition, to be
      paid down, 		5 0

Secretary's fees.

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Pounds of Tobacco.
For a copy of a double patent, 45
For a copy of any other patent, 30
For the probation of any testament, and recording
      the same; for entring the orders for appraising
      the estate, recording the inventory, writing, and
      sealing the probat, or any other matters
      concerning the same: Or for a commission of
      administration of the goods of any person dying
      intestate; for entring the order or orders for
      appraising the estate, recording the inventory
      or for any other matter concerning the same,
      where the appraisement doth not amount to
      above fifty pounds, 		250
Or where the appraisement exceeds that value, or
      there is no appraisement, 		350
For a copy of a probat, or commission of
      administration, 		40
For recording the certificate of a probat, or
      administration, 		40
For a copy of a will, or inventory, 40
And if the original is contained in more sheets
      than one, for a copy of each sheet. 		30
For every hue and cry signed by the governor, 30
For a copy of an act of assembly, 40
For a copy of an account, 20
For recording a deed or deeds for the conveying
      or settling any lands or tenements only, or
      together with slaves or personal estate, or any
      way concerning the same, acknowledged or
      proved in the general court, 		150
For a copy of such deed or deeds, with the
      indorsements thereon; and for a certificate of
      the acknowledgment or proof, and recording, 		90
For issuing a commission to take the acknowledgment
      and privy examination of a feme covert; and
      recording it, with the return of the commissioners, 		50
For a copy thereof, 30
For recording a deed concerning slaves, or any
      personal matter only, 		70
For a copy thereof, with the certificate of the
      acknowledgement or proof, and recording, 		40
For recording a letter of attorney, acknowledged
      and proved in the general court, and every thing
      relating to it, 		70

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Pounds of Tobacco.
For a copy thereof, 40
For recording a bond, with condition, other than
      for the performance of covenants in deeds of
      conveyance or settlement of land, 		40
For a copy of a bond, with condition, 20
For recording a certificate of rights, 15

In actions, and other suits.
For every dedimus potestatem, writ of error
      supersedeas, or scire facias, 		25
For taking bond, or [on] issuing a writ of error
      or supersedeas, 		25
From every other writ in any action or suit
      whatsoever. 		20
For entring the sheriff's return, and entring the
      bail by him returned, in the rule book, 		20
For entring special bail, 20
For entring the personal appearance of the plaintiff,
      or defendant; or the appearance of an attorney
      for either party, 		10
For entring security for costs, for persons out of
      the country, 		20
For filing a declaration, and every plea or demurrer
      in any cause, to the making up of the issue;
      and for filing errors upon appeals, writs of
      error, or supersedeas. 		20
For a copy of every declaration, plea, or demurrer;
      or of errors, 		20
For every rule entered in the rule book, 20
For a copy of every rule, 10
For every order in court before trial, 10
For a copy of the same, 10
For filing papers of each party, in any action, or
      suit, 		15
For docketing every cause on the docket, to be
      charged but once, 		10
For every trial, swearing the jury, and witnesses;
      and recording a general verdict, 		50
For administring an oath or affirmation, in court,
      except witnesses, to a jury, 		10
For every trial, where there is a special verdict;
      swearing the witnesses and jury; and recording      
      such verdict, 		75
And where there is no jury, but a case agreed, 25

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Pounds of Tobacco.
For swearing witnesses for each party, in every
      cause where there is a jury, 		15
For copy of a case agreed, or notes of a special
      verdict, 		25
For entring every order made in court, after verdict
      or demurrer join'd, 		10
For entring every continuance on the court docket, 10
For entring every judgment, 10
For recording the report of auditors, when it is
      desired, 		40
For making a complete record in every cause,
      inserting a case agreed, or special verdict at large,
      from the notes; and all deeds and other evidences
      at large, for every twenty words, 		1
For a copy thereof, or any part thereof the same.
For filing bill, answer, replication, or other pleadings
      in chancery, each, 		15
For a copy thereof, for every twenty words, 1
For entring every decree, 10
For drawing up every decree at large; entring the
      substance of the bill, answer, and other pleadings;
      the substance of the evidence, and the decree
      thereupon, for every twenty words, 		1
For filing the depositions in every cause, in
      behalf of each party, 		15
For a copy of the depositions for every twenty words, 1
For a recognizance in court, 20
For entring an appeal to England, and taking bond, 50
For filing the record upon appeal, writ of error,
      or supersedeas, from a county court, or any
      inferior court, 		15
For a copy of such record, for every twenty words, 1
For filing the return of a certiorari, or habeas corpus, 15
For taxing the costs in any action or suit, and a
      copy thereof, 		20
For every petition for lapsed land; for writing it,
      and issuing a summons thereon, 		50
For every order thereon, 15
For recording any thing, not herein particularly
      mentioned; or for a copy thereof, for every
      twenty words, 		1
For a search for any thing, if above a year's standing;
      or reading the same, or any part thereof,
      if required. 		10

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Pounds of Tobacco.
For every order to a witness for attendance, to be
      charged to the party against whom such order      
      goes, 		10
      Which said several fees herein before expressed, shall be charged to the party at whose instance the business shall be performed, except where it is otherwise directed. 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,)
Pounds of Tobacco.
For a commission of the peace, and dedimus, to
      administer the oaths, and recording the same, 		160
For a commission of oyer and terminer, and dedimus,
      to administer the oaths; to be repaid the county
      by the public, 		100
For a writ for election of burgesses, 350
For filing an inquisition, on view of a dead body,
      and recording the same; which shall be repaid
      the county, out of the estate of the deceased, if
      the same be sufficient, 		50
To the County Court Clerks.
Pounds of Tobacco.
For recording deeds of lease and release, for conveying
      or settling lands only, or together, with slaves
      and personal estate; bond to perform covenants;
      certificate of the proof or acknowledgement,
      as the case is, and all matters relating
      thereto, 		150
For a copy thereof, 55
For recording every deed of feoffment, or bargain
      and sale, or other single deed, for conveying or
      settling lands and tenements only, or together
      with slaves and personal estate; bond to
      perform covenants; certificate of the proof or
      acknowledgement, as the case is and all matters
      relating thereto, 		100
For a copy thereof, 40
For issuing and recording a commission, to take
Clerk's fees.

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Pounds of tobacco.
      the acknowledgement and privy examination of a
      feme covert, with a certificate of the commissioners,
      if such commission be required, 		40
For a copy thereof, 20
For recording a patent, 50
For a copy thereof, 25
For recording a deed for land from the proprietors
      of the Northern Neck, 		40
For recording a deed concerning slaves, or any
      personal matter or thing only, with the certificate
      of its proof or acknowledgement, 		40
For a copy thereof, 30
For recording a letter of attorney, 30
For a certificate of the proof or acknowledgement
      thereof, 		10
For a copy of a letter of attorney, with such
      certificate, 		25
For recording a bond, with condition, other than
      for the performance of covenants, in deeds of
      conveyance or settlement of land, 		20
For a copy of a bond with condition, other than an
      appeal bond the same.
For a copy of any other obligation, or promisory
      note, 		10
For the probation of any will or testament, and
      recording it; entring the order or orders for
      appraising the estate; recording the inventory;
      and for any other matter concerning the same:
      Or for a commission of administration of the
      goods of any person dying intestate; for entring
      the order or orders for appraisement; recording
      the inventory; and for any other matter
      concerning the same, where the appraisement
      doth not amount to above ten pounds. 		50
Where the appraisement exceeds that value, and is
      under one hundred pounds, 		150
And where it shall exceed one hundred pounds, or
      there shall be no appraisement returned within
      twelve months, 		250
For a copy of a will, or inventory, if the original
      is contained in one sheet, 		30
If the original is contained in more than one sheet,
      for a copy of every sheet, besides the first, 		20
For a copy of an act of assembly, 40

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Pounds of Tobacco.
For recording the age of a servant or slave,
      adjudged in court, 		10
For a certificate thereof if required, 8
For a certificate of any person's departure out of
      the county, 		15
For attending a court for examination of criminals
      and trial of slaves, if a court is held for that
      purpose; to be paid by the county, and repaid      
      by the public, 		200
For a copy of a list of tithables taken by a justice
      in his precinct, 		20
For an ordinary license, and bond, 50
For a copy of the rates of Liquors, 15
For a marriage license, certificate, and bond, 50
For proving rights for land, produced at one time,
      and belonging to one person, and certificate
      thereof, 		13
For every search for any thing, if a copy be not
      required, ro the record is read, 		5
In Actions, or other Suits.
For every writ, other than such as are herein after
      particularly mentioned, 		10
For a copy of any such writ, 5
For every writ of execution, or scire facias, 15
For a copy thereof, 8
For recording the return thereof, 8
For an attachment granted by a justice of the
      peace, returnable to court, and recording the
      return, and putting the same on the docket, 		20
For every summons, to summon a garnishee on
      such attachment, 		10
For filing every bail bond, or entring the bail
      returned, 		10
For docketing every cause, except by petition, to
      be charged but once, 		5
For a copy of the return of any writ, 3
For entring special bail, 10
For entring security for costs, for persons out of
      the country, 		10
For entring the appearance of the defendant, or
      defendants, in any suit, except by petition, 		5
For entring an attorney, for each party, 5

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Pounds of Tobacco.
For every petition, declaration, or other pleadings,
      except in suits by petition, for debt, detinue,
      assumpsit, or trover, whether wrote by the
      clerk, or not, 		10
For a copy of any declaration, special pleading, or
      demurrer, 		10
For a copy of a plea, if the general issue, 3
For every trial, swearing the jury and witnesses,
      filing all papers, and recording a general verdict,  		40
For every trial, where there is a special verdict,
      or case agreed, and recording the same, 		65
For swearing the witnesses, in every other cause,
      where there is no jury, or case agreed, except
      by petition, 		10
For filing the papers of each party, in every cause,
      except by petition; and where there is a jury,
      or case agreed, 		10
For a copy of a special verdict, or case agreed, and
      every thing therein set forth; or for making up a
      full and complete record, for every thirty words. 		1
For entring every judgment, or for a copy thereof, 10
For filing bill, answer, replication, and other pleadings,
      in chancery, for each, 		10
For a copy thereof, for every thirty words, 1
For a commission to examine witnesses, 25
For attending, and writing the depositions taken
      thereon, if required, 		100
The same for attending, and writing depositions taken
      against inspectors before justices of the peace.
For entring every decree in chancery, 15
For filing the depositions in any suit for each party, 5
For every depositions taken in court, 10
For a copy of a deposition, 10
For administering an oath in court, not relating to
      the trial of any cause there depending, and
      certifying the same, 		10
For every recognizance in court, 10
For entring the order or orders in any cause in one
      court, 		15
For entring every order for attendance of witnesses, 10
For a copy of any order, 10
For recording the report of a jury in the country,
      surveyor, auditor or viewers, 		20
For a copy thereof, 20

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Pounds of Tobacco.
For taxing a bill of costs, and copy thereof, 11
For a copy of an account, 10
For entring an appeal and taking bond to
      prosecute it, 		20
For a copy of the bond, 10
For returning an appeal, and security, to the
      secretary's office, 		30
For the copy of the proceedings of the cause
      wherein the appeal is granted, for every
      thirty words, 		1
For recording the acknowledgement of satisfaction
      of a judgment, 		10
For entring each order for a witness's attendance;
      to be charged to the party, in whose behalf the
      witness is summoned, and taxed in the bill of
      costs, if such party recover. 		10
For a copy thereof; to be taxed and charged in
      like manner, 		10
For an attachment thereon; to be charged to the party  
      against whom such attachment shall be issued, 		10
For the whole fee chargeable for every petition for
      debt, detinue, assumpsit, or trover, and all the
      proceedings therein, including a copy of the
      judgment, and taxing costs if required; except
      the respective fees for summoning witnesses,
      entring attornies, for every order for continuance,
      and for issuing execution, where any of these
      matters happen. 		50
For entring an attorney in such petitions; to be
      paid by the party by whom such attorney is
      emploied, and not to be taxed in the bill of costs, 		5
For recording any thing not herein particularly
      mentioned, or for a copy thereof, for every
      thirty words, 		1
For reading any order or record, half the fee, as
      for a copy.
      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, although such party recover: And where more attornies than one, shall be emploied in any cause, on one side, if such attornies take out more than one copy Rule in taxing costs.

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of any thing necessarily relating to the suit, yet no more than one copy shall be allowed in the bill of costs, neither shall the clerk tax any fee in the bill of costs, for entring more than one attorney, although costs shall be adjudged against the adverse party.
Pounds of Tobacco.
For all public services of the clerk, viz. Entring
      and issuing copies of orders for appointing
      surveyors of highways, constables, grand-juries,
      taking the list of tithables, attending orphans
      courts, entring guardians accounts, and all
      matters relating thereto, binding out orphans
      and appointing them guardians; entring the levy,
      and copies thereof, and the list of tithables,
      for the collector; and for entring and issuing
      the orders for recommending sherifs, and justices,
      for which no particular fee is allowed; to be
      levied annually, by the justices, upon the
      county, besides cask, 		1200
      III. And when any person or persons presented by the grand-jury, or churchwardens, shall be discharged of any such presentment, the clerk shall charge no fees for the same, or any matter relating thereto; but the same shall be deemed to be included in the public services: But if the party or parties so presented, shall be convict; then, in such case, the clerk shall charge him, her, or them so convict, with all the fees accruing thereon. Presentments.
      IV. 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 none of the fees herein before mentioned, shall be paiable 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. Fee bills to be produced.

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To the Sheriff.
Pounds of Tobacco.
For an arrest, bond, and return, 30
For returning a capias, non est inventus, 10
For serving a scire facias, 15
For serving any person with an order of court, and
      making return thereof, 		15
For pillorying any person, 20
For putting into the stocks, 10
For ducking any person, 20
For putting in prison and releasement, 20
For serving a subpœna in chancery, 15
For serving a summons upon a petition for debt,
      detinue, assumpsit, or trover, 		15
For serving a subpœna for a witness, in any cause
      in court, except summoned in court, 		10
For summoning an appraiser, auditor, viewer, or
      witness, to any deed, will or writing, if required     
      to be summoned, but not else, 		10
For summoning and impannelling a jury, in every
      cause wherein a jury shall be sworn, 		50
For going to Williamsburg, for a commission of
      oyer and terminer, for every mile, besides
      ferriages; to be paid by the county, and repaid
      by the public, 		2
The same for returning.
For coming to and attending the general court, with the
      venire, and return of the venire facias, the same as is
      allowed to a venire-man; to be paid by the public.
For summoning the justices of the county, and
      attending the court of oyer and terminer; or for
      the examination of a criminal; to be paid by the
      county, and repaid by the public, 		200
For the removal of every prisoner from the county
      goal, to the public goal, for every mile; to
      be paid, and repaid, as aforesaid, 		5
For executing each condemned person, and all fees
      incident; to be paid, and repaid, as aforesaid, 		250
For summoning a jury, upon any inquisition, survey,
      writ of dower, or partition, if the jury appear, 		150
For making a return of a writ of dower, partition,
      or in the nature of an ad quod damnum, 		50
For every day's attendance upon a jury, in the
      country, after they are sworn, 		50
Sheriff's fees.

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Pounds of Tobacco.
For serving a writ of habere facias scisinam, or
      habere facias possessionem, 		50
For serving an attachment upon the body, 30
For serving a declaration in ejectment, if against
      one tenant, 		30
And if against more tenants than one, for serving
      the declaration on every other tenant, 		15
For whipping a servant; to be paid by the owner,    
      and repaid by such servant, 		20
For whipping a free person, by order of court; to be
      paid by such person, the same,
For whipping a slave by order of court, to be paid
      by the county, and repaid by the public, 		20
For serving an execution for any debt due in tobacco,
      five per cent. for the first thousand, and two per
      cent. for all above one thousand pounds: If due
      in money, five per cent. upon the first hundred
      pounds, and two per cent. for all above one
      hundred pounds.
For serving an attachment upon the goods, if sold,
      the same fee, as for serving an execution, if not
      sold, 		30
For serving and returning a general court writ,
      summons, or order where the same is not
      comprehended in any of the foregoing articles, 		30
For making proclamation as the law directs, in
      proving of wills, or proceeding to outlawry, 		20
For selling a servant at public outcry, by order of
      court, and all fees incident, 		20
For keeping and providing for a debtor in goal,
      each day, 		10
For keeping and providing for a runaway, or
      criminal in goal each day; to be paid by the
      county, and repaid by the public, 		5
For serving a justices warrant, 10
For summoning a witness before a justice, 5
For all public services of the sheriff, to wit:
      Attending the orphans courts, courts of claims
      publishing and grievances, impannelling grand
      juries, writs for election of burgesses, and
      attendance; serving all public orders of court,
      and all other public and county service: To be
      levied annually, by the justices, on the county,
      besides cask, 		1200

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      V. And when any person or persons presented by the grand jury, shall be discharged of such presentment, the sheriff shall charge no fees for the same; but it shall be deemed to be included in the public services: But if the party or parties so presented, shall be convict; then, in such case, the sheriff shall charge him, her, or them, so convict, with all the fees accruing thereon. Presentments.
To the Constable.
Pounds of Tobacco.
For taking an inquisition on a dead body; to be
      paid out of the deceased's estate, if the same be
sufficient, if not, by the county, 		133
For all other business done by him, the same fees as
      are allowed the sheriff for the like services.




Coroner's fees.

To the Constable.
For serving a warrant, 10
For summoning a witness, 5
For summoning a coroner's jury and witnesses, 50
For putting into the stocks, 10
For whipping a servant; to be paid by the owner,
      and repaid by the servant, 		10
For serving an execution or attachment, returnable    
      before a justice, 		10
For whipping a slave; to be paid by the overseer,
      if the slave is under an overseer, if not, by the
      master, one shilling, or 		10




Constable's fees.
To the Surveyor.
For every survey by him made, plainly bounded
      as the law directs; and for a plat of such survey,
      after the delivery of such plat, where the survey
      shall not exceed one thousand acres of land, 		500
And for every one hundred acres contained in one
      survey, and above the first thousand, 		30
For surveying a lot in town, 20
And where the surveyor shall be stopped or hindred
      from finishing a survey by him begun; to be
      paid by the party who required the survey to
      be made, 		250
For running every dividing line between parties, 250
For surveying an acre of land for a mill, 100



Surveyor's fees.
      For every survey of land formerly patented, and which

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shall be required to be re-surveied, and for a plat thereof, delivered as aforsaid, the same fee as for land not before surveied. And where a survey shall be made, of any lands which are to be added to other lands, in an inclusive patent, the surveior shall not be paid a second fee for the land first surveied; but shall only receive what the survey of the additional lands shall amount to. And where any surveior shall have actually made surveys of several parcels of land adjoining, and delivered several plats, if the party shall desire one inclusive plat thereof, the surveior shall make out such plat for ten shillings.
      VI. Provided always, and be it enacted, That were any person shall employ a surveior, and shall have received a plat of the lands surveied, and afterwards shall assign the land to any other, either before or after obtaining a patent for the same; if such person, for whom the land was first surveied, shall not have paid for the said survey, it shall and may be lawful, for the sheriff of any county, wherein such assignee shall reside at the instance of such surveior, to make distress upon the slaves, goods and chattels of such assignee, in like manner, as is herein after provided, for surveiors, or other officers fees, refused or delayed to be paid. Land assigned.
      VII. 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 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. Table of fees to be set up.
      VIII. And that if any officer whatsoever, hath heretofore taken any greater fee, than was by the laws then in force allowed, or hereafter shall claim, charge, demand, exact, or take any more or greater fees for any Penalty for overcharging.

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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 office, 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.
      IX. 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 tenth year of his majesty's reign, intituled, An act, for the 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 allowed. Proviso.
      X. 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, and every surveyor, shall, annually, before the twentieth day of January, 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 clerks or 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 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 Accounts of fees to be delivered to the sheriffs.

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county where such person inhabits, or where the said fees became due: And the sheriff of any county, for all fees which shall remain due and unpaid after the said tenth day of April, in any year, either to himself, or the sheriff of another county, which shall be put into his hands to collect, as aforesaid, is hereby authorised and impowered to make distress and sale of goods and chattels of the party refusing or delaying paiment, in the same manner, as for other fees due to any of the officers herein before mentioned. But no action, suit, petition, or warrant, from a justice, shall be had or maintained for secretary's, county court clerks, or surveyor's fees; unless the sheriff shall return, that the person owing, or chargeable with such fees, hath not sufficient, within his bailiwick, 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 hindered 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.
      XI. 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 surveyors, 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 or having no visible estate in his county, it shall and may be lawful for the secretary, or clerk, or surveyor, 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 the sheriff have ten days previous notice of such motion. Sheriff's to account.

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      XII. 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 nonsuit; 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. Attorney's fee to be taxed.
      XIII. And be it further enacted, That this act shall continue and be in force from the end of this session of assembly, and remain in force four years, and from thence to the end of the next session of assembly; and shall be deemed a public act. In force for four years,&c.

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