Pages 326-344 
|  Pages 364-382
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| Pages 326-344
| Pages 364-382
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| CHAP. VII. An Act, to regulate attornies practising in the county courts; and the granting writs of Certiorari. | |
| I. WHEREAS the great number of ignorant and unskilful attornies practising in the county courts of this colony, is become a grievance to the country, in respect of their neglect and mismanagement of their clients causes: For preventing of which 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 from and after the first day of May, the judges of the General Court, for the time being, shall, and they are hereby impowered and required, to nominate and appoint, from time to time, such and so many of the council, learned in the law, and attornies, practising in the said court, as they shall think fit, to examine into the capacity, ability, and fitness of such persons as shall from time to time, apply for a license to practise as attornies, in the county courts, or other inferior courts of this colony; and shall cause such nomination and appointment to be entered in the records of their court: Which persons so nominated and appointed, shall, at the time of their nomination, make oath, before the General Court, that they will well and truly examine into the capacity, ability, and fitness of all such persons as shall make application to them for a license to practise as attornies: and that they will not grant a license to any person who shall not, upon examination, to the best of their knowledge, be found sufficiently qualified to practise as an attorney, as aforesaid. | Examiners to be appointed, by the General court. And there sworn. |
| III. And be it further enacted, That every person desiring a license to practise as an attorney, as aforesaid, shall, before he be examined, produce to the examiners or examiner, a certificate, from some county court, or other inferior court, wherein he had before practised, or then intends to practise, of his probity, honesty, and good demeanor; and shall also pay down to such examiners or examiner, the sum of twenty shillings; after which, it shall and may be lawful for such examiners or examiner, and they are hereby | Method of taining a license to practise as an attorney. |
| impowered and required to proceed to make such examination and to grant such license, as
aforesaid, under his or their hands and seals, or to refuse such license to the person so
examined, according as he shall appear fit and qualified, or not, upon such examination. And if
the persons appointed by the General Court, as aforesaid, shall refuse to be sworn, as aforesaid;
or being sworn, shall grant any license for the office of an attorney, to any person applying to
them, without producing such certificate, as herein before directed; or shall accept of or
receive any greater fee or reward for the same, than before mentioned, they shall respectively,
for every such offence, forfeit and pay one hundred pounds; one moiety thereof to our sovereign
lord the king, his heirs and successors, for and towards the better support of this government,
and the contingent charges thereof; and the other moiety to him or them that will inform or sue
for the same: To be recovered, with costs, by action of debt, or information, in any court of
record within this colony: And every person obtaining a license, as aforesaid, before he shall be
admitted to practise as an attorney in any county court, or other inferior court, shall, before
every such court, take the oaths appointed by law to be taken, instead of the oaths of allegiance
and supremacy, and take and subscribe the oath of abjuration, and subscribe the test; and shall
also take the oath of an attorney, as follows: (to wit,) I A. B., do swear, that I will truly and honestly demean myself, in the practice of an attorney, according to the best of my knowledge and ability. So help me God. |
Penalty on examiners. Attornies to be sworn. Their oath. |
| And if any person whatsoever, after the first day of July next, shall presume to practise as an attorney, in any such county court, or other inferior court, without a license first obtained, or without qualifying himself in such court, in the manner in this act before mentioned, he shall, for every such offence, forfeit and pay the sum of five pounds for every cause he shall prosecute or defend in any of the said courts; one moiety to his majesty, his heirs and successors, for defraying the contingent charges of this government; and the other moiety to the informer: To be recovered by action of debt, or information, in any court of record in this colony. | Penalty for practising without a license, or without qualifying. |
| IV. And be it further enacted, by the authority aforesaid, That if any attorney shall misdemean himself, and act contrary to his duty in his practice, the judges of the General Court, upon complaint and proof thereof made before them, may, by their order, supersede such attorney's license, suspend him for a time, or disable him for ever, from practising as an attorney, as they shall think just. | Attornies misdemeaning, subject to the General Court's order. |
| V. Provided always, and it is hereby enacted and declared, That this act, or any thing therein contained, so far only as relates to obtaining license, shall not be construed to extend to any barrister at law, or any attorney now practising in the General Court, or to any attorney who hath heretofore been examined, and obtained a license to practise the law, in pursuance of the act of Assembly, made in the fifth and sixth years of the reign of his present majesty, intituled, An act, to prevent frivolous and vexatious suits; and to regulate attornies practising in the county courts, who have, ever since such license obtained, continued the practice of an attorney in the county courts, or other inferior courts, and shall be practisers there, on the said first day of July. | Act as to obtaining licenses, not to extend to barristers at law, or certain attornies. |
| VI. Provided also, That such barristers and attorneys shall, after the said first day of July, take such oaths to the government, subscribe the oath of abjuration, and the test, and take the oath of an attorney, as is herein before directed, before they be permitted to practise in any county court, or other inferior court, in this colony, upon pain of forfeiting the like penalty as is inflicted by this act, for practising in such courts without a license; to be recovered and divided in the same manner: Any thing herein contained to the contrary, notwithstanding. | But they are to take the oaths, &c. under a like penalty. |
| VII. Provided also, That every person practising as an attorney in the county courts, or other inferior courts, on the said first day of July next, shall be at liberty to finish the causes then depending in such courts, in which he was before employed, without incurring the penalties inflicted by this act on persons practising as attornies, without a license first obtained, altho' such person shall not obtain such license. | Persons not obtaining a license, may finish their causes. |
| VIII. Provided also, That nothing in this act contained, shall be construed to hinder the justices of any county court, or other inferior court, from causing any | Attornies may be punished for |
| attorney practising in such courts, to find security for their good behaviour, or fining such attornies for misdemeanors, or contempts against them, in the same manner as if this act had never been made. | contempts in the inferior courts. |
| IX. And be it further enacted, That if any attorney in any county court, or other inferior court, shall, wittingly or willingly, be guilty of any neglect in any cause, the court before whom such cause shall be depending, upon complaint and proof thereof made, within six months after such neglect, shall have power and authority to order such attorney to pay all costs occasioned by such neglect. | And shall pay all costs occasioned by their neglect. |
| X. And be it further enacted, by the authority aforesaid, That for the future, the plaintiff or demandant in any suit, shall not be nonsuit for not filing his declaration one day before the court, provided he doth it at the first calling of the cause in court; and that the county court clerks shall not be obliged to draw the declaration in any suit depending in court, nor shall any incipitur be filed or received for or in lieu of a declaration in such suit. | Filing declarations. |
| XI. And for settling a method of obtaining writs of certiorari, to remove civil causes from the county courts, or other inferior courts, into the general court of this colony, when the general court is not sitting, Be it further enacted, by the authority aforesaid, that the party desiring such writ or writs, when the general court is not sitting, shall by petition to the governor or commander in chief of this colony for the time being, and the rest of the judges of the general court, set forth the reasons of his desiring such writ or writs, and shall make oath, before a magistrate, to the truth of the allegations of his petition; and then the governor or commander in chief of this colony for the time being, together with any two of the judges of the general court, may, from under their hands, order and award such writ or writs to the party praying the same, or may refuse such writ or writs to him, according as the matter shall appear just and necessary, or not, to them; and the clerk of the secretary's office shall carefully file such petition and affidavit in the office, and shall also take bond from the party praying such writ or writs, with one or more sufficient security or securities, in such penalty as shall be directed by the governor and judges who shall order and award such | Method of obtaining writs of certiorari, when the General Court is sitting. |
| writ or writs, for satisfying and paying all such sum and sums of money and tobacco, and costs, as shall be adjudged to the adverse party, in the cause or causes so to be removed; and thereupon such clerk shall and may issue the writ or writs, as aforesaid, but not otherwise. | |
| XII. And be it further enacted, by the authority aforesaid, That if any person, making oath to the truth of the allegations of his petition, as aforesaid, shall take a false oath, and be thereof convicted, he shall be adjudged guilty of perjury, and suffer as a person convicted of wilful and corrupt perjury. | Penalty on taking a false oath. |
| XIII. Provided always, That the prosecution for such offence, be commenced within twelve months after the offence committed. | Prosecution to be within 12 months. |
| XIV. And be it further enacted, by the authority aforesaid, That no writ or writs of certiorari whatsoever, shall be granted, to remove any cause or causes from a county court, or other inferior court, into the general court, where the matter in dispute shall not be originally cognizable in the general court; nor shall any writ or writs of certiorari be received or allowed by the justices of any county court, or other inferior court, or to whom any such writ or writs shall be directed and delivered, after issue or demurrer joined, in the cause or causes depending in such courts, and intended to be removed by such writ or writs; but they shall and may proceed in the said cause or causes, as tho' no such writ or writs were sued forth or delivered to them, or any of them; And if any cause or causes be removed or stayed by any such writ or writs, and afterwards the same cause or causes shall be remanded or sent back again by any writ or writs of procedendo, or other writ whatsoever, that then the said cause or causes shall never afterwards be removed or stayed before judgment, by any other writ or writs whatsoever, to be sued forth from the general court, or secretary's office. | No writ of certiorari to be granted to
remove a cause not originally cognizable in the General court, or to be obeyed after issue or
demurrer joined. Suit once remanded shall never afterwards be removed or staid before judgment. |
| XV. And to prevent the obtaining any writ of certiorari by surprize, Be it further enacted, by the authority aforesaid, That in all civil causes, the party praying the said writ of certiorari, shall give notice to the adverse party, of the time of his moving or petitioning for such writ, at least ten days before such motion or | Notice of praying a writ of certiorari, to be given, and affidavit thereof produced. |
| petition; and no such writ shall at any time be granted, without producing an affidavit of such notice. | ||
| XVI. And be it further enacted, by the authority aforesaid, That this act shall remain and be in force three years, from the passing thereof, and from thence to the end of the next session of Assembly. | Continuance of the act. | |
| CHAP. VIII. | ||
| ||
| I. WHEREAS the act of Assembly, made in the fifteenth year of the reign of his present majesty, intituled, an act, for inspecting, weighing, and stamping all pork and beef, packed in this colony, or imported for sale, before the same shall be sold here, or shipped for exportation: And to amend the act, intituled, an act, for ascertaining the gauge of barrels for pork, beef, tar and pitch, will expire at the end of this session of Assembly; and the same having been found useful and beneficial; | Preamble. | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That hereafter no pork or beef shall be exported out of this colony, or tar, pitch, or turpentine, exposed to sale, or exported, until the same shall be packed or filled in barrels, under the regulations herein expressed: And the justices of every county court within this dominion, shall be impowered, and they are hereby authorised and required, in the month of August, or September, annually, to nominate and appoint, in open court, one or more (not exceeding six in one county,) fit and able person or persons, residing in the same county, to inspect the package, and weigh all pork and beef, and also the filling of all tar, pitch, | Inspectors of pork, beef, tar, pitch, and turpentine, to be appointed by the county courts in the month of August, or Sep. annually. |
| or turpentine, packed or filled for sale or exportation, within their respective counties. | |
| III. And be it further enacted, That every barrel of pork or beef, packed within this colony, for sale or exportation, or imported here, shall contain, at least, two hundred and twenty pounds nett, of good, clean, fat, sound, merchantable meat, well salted between each layer, well pickled, and no more than two heads of pork in one barrel; and after the same has been inspected, weighed, found merchantable, and passed, by the inspector or inspectors residing in the county where the said pork or beef is packed, every barrel shall be by him or them stamped, or branded, distinguishing upon the head of every pork barrel, whether it is large or small pork; and certificate of all barrels so passed or stamped, shall be, by the inspector or inspectors, given to the owner: And every barrel of tar, pitch, or turpentine, shall contain thirty one gallons and a half, wine measure, at the least; and after the same shall be inspected, gauged, found clean, well and truly made, merchantable, and passed, by the inspector or inspectors, in the county where the same shall be inspected, every barrel of tar, pitch, or turpentine, shall be, by him or them, stamped, or branded, and a certificate thereof given to the owner, as aforesaid. | Contents of each barrel of pork or beef, barrel to be stamped,
and certificate given to the owner. Contents of each barrel of tar, pitch, or turpentine. Barrel to be stamped, and certificate given the owner. |
| IV. And be it further enacted, That every person appointed, as aforesaid, to inspect pork, beef, tar, pitch, and turpentine, shall, before he enters upon the execution of that office, make oath, before the court of his county, carefully to view, inspect, and examine, when required, all pork, beef, tar, pitch, and turpentine, packed or filled for sale or exportation, and to the best of his skill and judgment, not to pass or stamp any barrel of pork, beef, tar, pitch or turpentine, that is not good, clean, sound, merchantable, and of one weight or gauge, according to the directions of this act, and faithfully to discharge the duty of his office, without favour, affection, partiality, or other by respect; and shall constantly attend upon notice, at such time and place, as the owner of the pork, beef, tar, pitch, or turpentine, to be inspected, shall appoint, to inspect the same within his county; and shall provide a stamp, or stamps, with the first letter of his county, the letter V for Virginia, the first letter of his own christian name, and his whole sur-name at length, to be stamped on each | Inspectors to be sworn. To attend, upon notice, and to provide a stamp. |
| barrel by him passed; for which he may demand and take six pence for every barrel of pork and beef, and two pence for every barrel of tar, pitch, and turpentine, by him inspected, and no more, to be paid by the owner, before certificate given: And if any officer, so appointed and sworn, shall neglect his duty, or shall stamp any barrel of pork, beef, tar, pitch, or turpentine, not well packed, clean made, and filled, and of due weight, or gauge, as this act requires, he shall forfeit and pay five shillings for every offence, to the informer, recoverable before any justice of the peace. | Their fees. Penalty for neglect of duty, and how recoverable. |
| V. And be it further enacted, That every county court within this colony, shall also, at the time, and in the manner herein before directed, appoint one or more fit person or persons, to inspect and weigh all wheat flour made within their respective counties, and intended for exportation; and that the person making, or causing such flour to be made, shall first make oath, before a justice of the peace, that the flour by him intended to be exported, or sold for exportation, is clean and pure, not mixed with meal of Indian corn, pease, or any other grain or pulse, to the best of his knowledge, and shall produce certificate of such oath made, to the inspector, who thereupon shall diligently view and examine such flour; and if by him found clean, pure, and unmixed, shall see the same packed in casks or barrels, well secured, for exportation, and stamped in the manner herein before directed, and with the gross, tare, and nett weight of every cask or barrel, and shall also distinguish the fineness, by the words first, or second, stamped on the head; for which he may demand and take six pence, for every barrel containing two hundred and twenty pounds nett, or less, and for every cask of greater weight, eight pence, by him inspected, and no more, to be paid down by the owner: And if any inspector shall neglect his duty, or stamp any flour contrary to this act, he shall forfeit and pay five shillings for every offence to the informer, recoverable before a justice of the peace. | Inspectors of flour to be appointed. Exporters to be sworn, &c. Duty of the inspector. His fees. Penalty for neglect of duty. |
| VI. And be it further enacted, That the respective county courts may appoint the same person or persons inspectors of pork, beef, tar, pitch, turpentine, and flour, if such person appears to them duly qualified; or may appoint several inspectors, as in their discretion shall seem best. | Same person may be inspector of pork, &c. & flour. |
| VII. And be it further enacted, That every master of a vessel, wherein pork, beef, tar, pitch, turpentine, or flour, shall be exported, shall make oath, that he will not knowingly take, or suffer to be taken on board his ship or vessel, any pork, beef, tar, pitch, turpentine, or flour, not stamped according to this act; which oath the respective naval officers of this colony are hereby impowered and required to administer: And if any pork, beef, tar, pitch, and turpentine, packed or filled in barrels for exportation, not stamped as by this act is directed; or any parcels of pork or beef, not packed in barrels; or any flour in barrels or casks, except for necessary provisions, shall be put on board any ship or vessel, to be exported, every such barrel or parcel may be seised by any sworn officer, and brought on shore, and shall be forfeited to the informer, recoverable before a justice of the peace; and the officer making such seisure, may demand and take the same fees as for serving an execution, to be paid by the party for whom the seisure was made: And if any officer 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; and upon non-suit, or verdict for the defendant, he shall have double costs; and the master of any ship or vessel, shall forfeit and pay twenty shillings for every barrel or cask of pork, beef, or flour, and five shillings for every barrel of tar, pitch, or turpentine, so taken on board; recoverable before a justice of the peace in any county in this colony, if the sum does not exceed five pounds; and if it is more, to be recovered by action of debt, or information, in any court of record of this dominion. | Master of the vessel exporting pork, &c. to be sworn. Pork, &c. shipped without stamping liable to be seised and forfeited. Officer sued, may plead the general issue, & shall recover double costs. Penalty on the master of the vessel, & how recoverable. |
| VIII. And be it further enacted, That all pork and beef, exposed to sale or barter within this colony in barrels, whether the same be packed here, or imported from Carolina, or any other place, shall contain, at least, two hundred and twenty pounds nett meat, allowing only two and a half per cent. for shrinkage or loss of weight; and every barrel of tar, pitch or turpentine, exposed to sale or barter, whether the same shall be made here, or imported from any other place, shall contain, at least, thirty one gallons and a half, wine measure, and stamped, as this act directs. And if any person shall sell, or expose to sale, any barrel | Contents of the barrels of pork, beef, tar, &c. sold here,
ascertained. Penalty on the seller, |
| of pork, beef, tar, pitch, or turpentine, of less weight or gauge, he shall forfeit and pay, to the informer, twenty four shillings current money, for every barrel of pork or beef, and five shillings for every barrel of tar, pitch, and turpentine, so sold, or exposed to sale; recoverable before a justice of the county where such offence shall be committed, altho' the penalty shall exceed twenty shillings Sterling; and every justice of the peace, upon such complaint, and due proof thereof before him made, shall and may, by virtue of this act, enter up judgment for the whole penalty, and award execution thereupon: Any law to the contrary, notwithstanding. | and how to be recovered. |
| IX. Provided nevertheless, That from such judgment for more than twenty shillings Sterling, the party grieved may appeal to the next court to be held for the county wherein such complaint was made, the appellant giving bond, with sufficient security, before the justice entering up such judgment, that he will prosecute his appeal with effect, and pay all costs and damages awarded by the court, if the judgment be affirmed; and the justice of peace taking such bond shall return the same, together with the whole record of his proceedings, upon the complaint before him made, to the same court to which such appeal shall be, and such court shall and may receive, hear, and finally determine the same. | Appeal allowed to the county court on giving security. |
| X. And be it further enacted, That every seller or exporter of pork, beef, tar, pitch, or turpentine, packed or filled in this colony, and stamped, shall make oath, before a justice of the peace, within three days before delivery of the goods sold or exported, that the several barrels of beef, pork, tar, pitch, or turpentine, by him intended so to be sold or exported, are the same that were inspected and stamped, and do contain the full quantity, without embezzlement, to his knowledge. | Seller or exporter to be sworn. |
| XI. And be it further enacted, That every cooper, and every master or owner of a servant or slave, setting up barrels for pork, tar, pitch, or turpentine, shall make the same with good, strong, well seasoned timber, tight, and well hooped, with twelve hoops at the least; and every barrel for pork or beef, to contain, from twenty nine to thirty one gallons each; and every barrel for tar, pitch, or turpentine, to contain | Make and size of the barrels ascertained. |
| thirty one gallons and a half, at the least, with his name, or the name of the master of such servant or slave, at length, stamped or branded upon every barrel, under the penalty of two shillings and six pence to the informer; recoverable before a justice of the peace. | ||
| XII. And be it further enacted, That this act shall continue and be in force, from and after the passing thereof, for and during the term of two years, and from thence to the end of the next session of Assembly; and that so much of the said recited act, and the act made in the fourth year of the reign of queen Anne, intituled, An act, for ascertaining the gauge of barrels, for pork, beef, tar, and pitch, as relates to any matter or thing, within the purview of this act, shall be, and is hereby repealed and made void. | Continuance of the act. So much of the act of the 4th of Anne as is contrary to this, repealed. | |
| CHAP. IX. | ||
| ||
| I. WHEREAS the method of licensing pedlars, directed by an act of assembly, made in the twelfth year of his present majesty's reign, intituled, an act forlicensing pedlars; and preventing frauds in the duties upon skins and furrs, hath been found inconvenient: | Preamble. | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the first day of May next, no pedlar, or other person, whether he be an inhabitant of this colony or not, shall go from place to place, or to other mens houses, and sell or expose to sale, or barter any goods or merchandizes whatsoever, for skins and furrs, exported by land, residing near the frontiers; and if any pedlar shall refuse to produce such license, when required by any person, to, or before whom he shall sell, or expose to sale or barter, any goods or merchandize, the same may be seised | Pedlars to be licensed, & by whom, Refusing to produce their license when required, |
| by the party or parties requiring such license to be produced, and upon due proof thereof made, before a justice of the peace: the goods so seised shall be forfeited and delivered to the seisor, for his own use. | forfeit their goods. |
| III. And be it further enacted, That every collector of the duties upon skins and furrs, exported by land, appointed or to be appointed, by virtue of the said recited act of Assembly, shall be, and is hereby authorised and impowered, from time to time, to grant or refuse at his discretion, to any person or persons applying for the same, license or licenses to trade, during the term of one year from thence next following, and no longer; the party obtaining such license, first entering into bond, with good and sufficient security, to our sovereign lord the king, his heirs and successors, in the penalty of twenty pounds, with condition that he will not export, or cause to be exported, with his privity or knowledge, any skins or furrs, either by land or water, without first paying the duties imposed on such skins and furrs, by one act of Assembly, made in the fourth year of the reign of the late queen Anne; and shall also make oath, and swear to the same effect, and pay down the sum of ten shillings, for the use of the governor, or commander in chief of this colony, for the time being; and the further sum of five shillings to the collector granting such license, for writing the same and the bond aforesaid, which bond shall be by him safely kept; and in case of breach, shall and may be recovered and applied as by the said first recited act is directed: And the clerk of every county court, shall, in the months of April and October, yearly, transmit to the secretary's office, a list of all recoveries or judgments, had or given, on seisures, or for breach of such bonds, if any shall happen to be. | The manner of obtaining licenses; the fees of the same. Lists of recoveries on seisures or bonds to be transmitted. |
| IV. And be it further enacted, That every collector of the duties upon skins and furrs, not appointed, or hereafter legally to be appointed, who shall, at any time, himself, export skins or furrs, liable to a duty, by land or water, shall first make oath, before a justice of the peace, to the true number and kind of skins or furs, and the weight of beaver, by him intended to be exported, and to what port or place, and obtain a certificate of such oath by him made, and shall return such certificate and account for the duties, in the same | Collector exporting skins, &c. to make oath and obtain a certificate. |
| manner, and at the same time or times, as he shall account for duties by him collected from other persons, under penalty of forfeiting double the value of the skins or furs exported, without such oath made, and duty accounted for and paid; to be recovered in the same manner, and applied to the same uses as recoveries upon breach of bond are by the said first recited act directed to be: And every collector of the said duties shall, at the time of accounting for the same, with the person or persons by his commission directed, return true lists of all licenses by him granted, and bonds thereupon taken, from time to time. | Certificates to be returned, and duties accounted for, under a
penalty. Lists of licenses and bonds to be transmitted |
| V. And be it further enacted, That every pedlar, or other person, found travelling and trading without such license as aforesaid, or who shall refuse to produce and shew his license, upon demand made by any inhabitant of this colony, or who shall be found travelling towards any other of his majesty's plantations, with skins or furrs, beyond the place where the collector usually resides, and upon demand made, by any inhabitant of this colony, shall refuse to produce and shew a certificate, that the duties have been paid, every person offending, in any of the premises, shall be liable to the respective penalties, forfeitures, and punishments, by the said first recited act laid, given, or inflicted; to be recovered and disposed of, as by the said act is directed. | Penalty on pedlars without license, or refusing to produce it, or a certificate of the payment of the duties when demanded. |
| VI. Provided always, That all licenses, granted by any county court, before the said first day of May, shall be good and valid, until expiration of the term in such licenses respectively limited. | Former licenses to be valid. |
| CHAP. X. An Act, for giving a further premium, for raising and exporting Hemp. | |
| I. WHEREAS by an act of Assembly, made in the eighth year of the reign of his late majesty king George the first, intituled, An act, for the making of tar and hemp, and also by one other act, made in the third and forth years of the reign of his present majesty, intituled, An act for impowering justices | Recital. |
| of the peace, and constables, to weigh hemp, in order to entitle the maker to receive the bounty; and for paying to William Byrd, esq. five pounds four shillings, due to him, for the bounty upon hemp; it was, among other things enacted, That the sum of four thousand pounds, current money of this colony, be appropriated and paid, to such person or persons who should make, or cause to be made hemp, water-rotted, bright and clean, within this colony, as a reward or premium to such makers or owners thereof; to be paid unto them, at and after the rate of four shillings, of like money, for every hundred weight of hemp so made, upon producing a certificate, and obtaining a warrant from the governor for the same, as by the said recited acts are directed. | |
| II. And whereas, by experience, the said reward or premium hath not proved a sufficient encouragement to induce the inhabitants of this colony to make any quantity of hemp, for exportation, as appears by the small sums hitherto paid for the said reward or premium: And this present General Assembly being of opinion, that if the same be further encouraged, it may be effected, and prove not only useful to his majesty's navy, and the British navigation in general, but also be the means of increasing and maintaining a great number of his majesty's subjects, in the frontier and remote settlements of this colony, whereby the said colony will also be better defended, against the insults of the Indians of his majesty's enemies. | Preamble. |
| III. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That out of the residue of the said four thousand pounds, appropriated as aforesaid, an additional reward or premium shall hereafter be paid, of two shillings current money, for every hundred weight of hemp made, and for which a certificate shall be obtained, as by the former acts is directed. | Additional premium of 2s a hundred allowed on hemp, |
| IV. Provided, ever person or persons, claiming the reward or premium, by virtue of this or the former acts, before he, she, or they, shall be entituled to receive the same, or any part thereof, shall first export the same out of this colony, in some ship or vessel bound directly to Great Britain; and shall also produce, to the naval officer of the district where the | and how to be obtained. |
| same was entered for exportation, a certificate, or certificates, under the hand of the clerk of the court in the county wherein the same was made, in manner and form as by the said two recited acts is directed; and shall then make oath, that the hemp so exported is, to the best of his, her, or their knowledge and belief, the same that is mentioned in such certificate, or certificates: And the said naval officer is hereby required to administer such oath, and to certify the same to the governor, or commander in chief of this colony for the time being; who, upon the parties producing of such certificate, from the naval officer aforesaid, is hereby impowered and desired, to issue his warrant to the treasurer of this colony, for the payment of such sum or sums as shall appear to be due by virtue of this act. | |
| CHAP. XI. An Act, for amending an act, intituled, An act, for encouragement of building Water-Mills. | |
| I. WHEREAS the method by an act of Assembly, made in the fourth year of the reign of the late queen Anne, intituled, An act, for encouragement of building water-mills, directed to be taken by persons willing to build any water mill, and having land only on one side of the run whereon such mill is intended to be built, hath been found inconvenient: | 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 from and after passing this act, any person or persons willing to build a water-mill, on some convenient run, and having land only on one side thereof, shall petition the court of that county wherein the land on the other side such run shall lie, for one acre to be laid off, which court is hereby authorised and required, upon such petition, at the costs and charges of the petitioner, to issue their order to the sheriff, commanding him to summon a jury of twelve freeholders of the vicinage, to meet upon the land petitioned for; who being met and duly sworn before a magistrate, or the sheriff, shall diligently view and examine the said land, | Persons intending to build a water mill, & having land only on one side of the run, how to proceed to get an acre on the other side, |
| and the lands adjacent thereto, on both sides the run, in the same or the next county, which may be affected or laid under water by building such mill, together with the timber and other conveniences thereon, and shall report the same, with the true value of the acre petitioned for, and of the damages to the party, or any other person or persons, under their hands and seals, to the court whence such summons issued, to be returned by the sheriff; and if it appears reasonable to such court, and if it take not away houses, orchards, or other immediate conveniences, then they may and are hereby authorised and impowered, to grant such acre to the petitioner, and order the return thereupon made, to be recorded; which shall be a good and effectual seisen in law, to the petitioner, paying down the valuation money of the land, and damages, reported by the jury, to the party or parties legally intituled thereto, and shall create a fee simple in the said acre of land, to the petitioner, his, her, or their heirs; but subject nevertheless to the provisos, conditions, and limitations, of the said recited act of Assembly. | |
| III. And be it further enacted, That no person or persons whatsoever, after passing this act, shall erect any mill, notwithstanding he or she has land on both sides a creek or run, and although there be no other mill standing thereon, without petition first exhibited to the county court, who are to consider whether the adjacent lands of other persons will be affected thereby; and in that case to order a jury to value the damages, and make report thereof in manner herein before directed, and thereupon to grant or reject such petition; but where the petitioner's land extends so far on both sides as not to affect or overflow the land of any other person, the court may, if they see cause, grant leave to the petitioner for erecting such mill, without ordering any jury. And if any person shall hereafter presume to build any mill without such leave first had, he or she shall be liable to the action of the party grieved, for his or her damages. | Owner of land on both sides the run not to erect a mill without leave from the county court. |
| IV. Provided always, That this act shall not extend to mills heretofore built, tho' not now standing, nor to mills now begun, tho' not yet finished, but that the owners thereof shall be, and continue possessed of | Not to extend to mills heretofore built, nor to |
| the same, under their respective legal titles, as if this act had never been made; subject nevertheless to the provisos, conditions, and limitations, of the said recited act. | mills begun, though not finished. |
| V. Provided also, That where any mill has been built, and is now standing, and the owner thereof, thro' ignorance or mistake, hath not exactly pursued the method in the said act prescribed, the court of the county where in the acre of land lies, shall upon petition of such owner, order and appoint two of their members to value the acre of land petitioned for, without having regard to any of the adjacent lands affected by such mill, and upon the petitioner's paying down the valuation money, to the party intituled thereto, he shall have a fee simple estate in the said acre of land; subject nevertheless to the provisos, conditions, and limitations of the said recited act. | Proviso, for owners of old mills who have not exactly pursued the law. |
| VI. And whereas some persons may have built water mills on a point of land of their own, in the fork of a swamp, between two runs, and extended their dams each way across both runs to lands in which they had only an estate tail, and sold the same, with an acre at each end of the said dams; and tho' by the before recited act, the courts might create a fee simple, by the method there directed, in an acre of such land, to any builder of a water-mill, having land of his own opposite thereto, and tho' each of the acres aforesaid are really opposite to the land of such builders, yet it has been doubted, whether the court upon application could confirm the purchaser in a fee simple in each of the said acres. And whereas the said case is within the equitable intent and construction of the aid recited act, for encouragement of building water-mills. | Preamble. |
| VII. Be it therefore enacted, That in such cases the court of the county where the said acres lie, shall, and they are hereby required, on the petition of the purchaser, to enquire into the facts; and if it appear to them, that the purchaser hath paid a valuable consideration for the said acres, they shall record the title of the purchaser confirmed in fee simple thereto; or if a sufficient consideration is not in their opinion already paid, they shall, at the costs and charges of the petitioner, issue their order to the sheriff, to summon a jury, as is before directed; who being duly qualified, | Where mill dams extend to entailed lands, and the owner has purchased an acre at each end, his title shall be confirmed, and how. |
| shall view, value, and report, under their hands and seals, how much more the petitioner ought to pay; and the court shall record the report aforesaid; and that the petitioner's title to the said acre, at each end of the dam, is confirmed to him in fee simple, on his paying down to the party or parties intituled thereto, the sum so reported, if any be found due; which proceeding shall be a good and effectual seisin in law to the petitioner, and shall create a fee simple in the said two acres, to such purchaser, his, her, and their heirs, forever; subject nevertheless to the provisos, conditions, and limitations, in the before recited act of Assembly; with this explanation, that if at any time, any mill heretofore built, or that shall hereafter be built, in pursuance of this or the before recited act, shall happen to be burnt, carried away by the water, or any way destroyed, the proprietor being under none of the disabilities there provided for, shall have the same time allowed, to rebuild and repair such mill, as is there allowed for the first building thereof: And if the bounds of the said two acres are not ascertained in the deed of purchase, the jury appointed to value as aforesaid, or any two member of the court, or other persons whom the court shall appoint, shall fix and ascertain the same, by marks on the land, and express the same in writing, under their hands and seals; which shall be recorded in the court, and shall be sufficient to fix and ascertain the bounds thereof. | Where mills shall be destroyed the proprietor allowed the
same time to rebuild as for the first building. Bounds of the adjacent acres to be ascertained. |
| VIII. And be it further enacted, That so much of the said recited act of Assembly, as relates to the method therein directed to be taken by persons intending to build a water mill, and having land only on one side of the run, shall be, and is hereby repealed. | Repealing clause. |
| CHAP. XII. An Act, for the encouragement of making Salt Petre. | |
| I. FORASMUCH as the making salt-petre will be of great advantage to his majesty's subjects; therefore for the encouragement of so useful an undertaking, | Preamble. |
| II. Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and | 1000l. current money, |
| it is hereby enacted by the authority of the same, That the sum of one thousand pounds current money, be appropriated and paid to the person or persons who shall make, or cause to be made, good and merchantable salt petre: Which said sum of one thousand pounds, shall be given and paid, as a reward or premium, for the making of salt petre, after and according to the rates following; that is to say, for every pound weight of salt petre, made according to the above directions, the sum of three pence. | appropriated to the makers of saltpetre. Premium 3d. a pound. |
| III. Provided always, and it is the true intent and meaning of this act, That every person or persons making such salt petre, as aforesaid, before they shall be intituled to claim and demand the reward or rewards given by this act, shall apply to the court of the county in which the salt petre shall be made, which court is hereby impowered and required to order two honest and skilful persons to view, try, and weigh all barrels, casks, or parcels of salt petre so made, and to return to the said court, an account upon oath, of the nett weight of all such salt petre as they shall adjudge to be good, sound, and merchantable; and on such return, and the oath, or solemn affirmation of the person or persons claiming the reward, that the salt petre so produced to the persons appointed to view the same, was made in this colony, and that no person or persons have, before that time, received or intituled him, her, or themselves to the reward given by this act; that then, and in such case, the court of the said county shall immediately certify the same to the treasurer of this colony, for the time being, who is hereby impowed and required, upon producing such certificate, to pay all such sum or sums of money, as shall appear to be due by virtue of this act. | Manner of obtaining the bounty money given by this act. |
| IV. And be it further enacted, by the authority aforesaid, That every person or persons, who in obtaining any certificate or certificates whereby to intitle him, her, or themselves to the reward or premium hereby given, shall make a false oath, and be thereof lawfully convicted, such person or persons so offending, shall incur the pains and penalties inflicted by law, on persons committing wilful and corrupt perjury. | Penalty for making a false oath. |
| V. And be it further enacted, That this act shall commence on the first day of November next. | Commencement of this act. |
| Pages 326-344
| Pages 364-382
|