Pages 489-508 
|  Pages 523-540
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| Pages 489-508
| Pages 523-540
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| CHAP. VIII. | |
| An Act to prevent frivolous and vexatious suits. | [From edit. 1752.] |
| I. FOR relief of his majesty's good subjects against causeless and vexatious suits, and for the better enabling them to recover their just rights: | 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 in all actions of assault and battery, and slander, commenced and prosecuted in the general court, if the jury find under the sum of five pounds, and in the like actions, commenced and prosecuted in any county court, if the jury find under forty shillings, the plaintiff, in either case, shall not recover any costs. | Actions. Where the plaintiff shall not recover costs. |
| III. And in all actions of trespass, and all other personal actions, where the court before whom the trial shall be, shall not be satisfied, and enter upon the record, that the free hold, title, or interest of land, mentioned in the plaintiffs declaration, was or might have been in question, or that the trespass was wilful, or malicious, if the jury find under forty shillings, the plaintiff shall not recover more costs than damages: And if more costs are awarded, the judgment shall be void, and shall be amended, upon a motion at any time by the court who awarded the same, and the party injured shall be redressed, as to such costs so wrongfully awarded, in case the same be levied upon him: And where several persons shall be made defendants, in any action of trespass, assault, false imprisonment, or ejectment, and upon the trial thereof, any one or more of them shall be acquitted by verdict, every defendant so acquitted, shall have and recover his costs of suit, in like manner as if the verdict had been given against the plaintiff or plaintiffs, and acquitted all the defendant's, unless the court before whom such cause shall be tried, shall be satisfied, that there was reasonable cause for the making such person or persons, defendant or defendants to such action, and shall order it otherwise; and in all cases where judgment shall be given for the defendant, he shall recover his costs against the plaintiff, and have execution for the same. | Where no more costs than damages.
Remedy where more costs shall be awarded. Where the defendant shall have his costs. |
| IV. Provided always, That nothing herein contained shall be construed to extend to executors, or administrators, in such cases where by the law they are not liable to the payment of costs of suit. | Exceptions, as to executors, or administrators. |
| V. And be it further enacted, by the authority aforesaid, That in all actions where the plaintiff shall die after an interlocutory judgment, and before final judgment obtained therein, such action shall not abate if the same might be originally prosecuted or maintained by the executors or administrators of such plaintiff, and if the defendant die after such interlocutory judgment, and before final judgment, such action shall not abate if the same were originally maintainable against the executors or administrators of such defendant; but the plaintiff, or if he be dead after such interlocutory judgment, his executors or administrators, shall and may have a scire facias against the defendant, if living after such interlocutory judgment, or if he died after, against his executors or administrators, to shew cause why damages in such action should not be assessed and recovered by the plaintiff or plaintiffs; and if such defendant, or his executors or administrators, shall appear at the return of such writ, and not shew or alledge any matters sufficient to arrest the final judgment, or being returned warned, or upon two writs of scire facias it be returned, that the defendant, or his executors or administrators had nothing whereby to be summoned, or could not be found in the county, shall make default, a writ of inquiry of damages shall be thereupon awarded, which being executed, judgment final shall be given for the said plaintiff, his executors or administrators, prosecuting such writ or writs of scire facias, against such defendant his executors or administrators; and if there be two or more plaintiffs, or defendants, and one or more of them should die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall proceed, at the suit of the surviving plaintiff or plaintiffs, against the surviving defendant or defendants; and in all actions, real, personal, and mixed, if either party shall die between verdict and judgment, such death shall not be pleaded in abatement, but judgment shall be entered as if both parties were living. | Where suit shall not abate upon the death of either party or parties. |
| VI. And be it further enacted, by the authority aforesaid, That in all actions upon any bond, or on any penal sum for non performance of covenants, or agreements, in any indenture, deed, or writing contained, the plaintiff or plaintiffs may assign as many breaches as he or they shall think fit, and the jury, upon trial of such action or actions, shall and may assess damages for such of the breaches as the plaintiff shall prove to have been broken, and on such verdict the like judgment shall be entered as heretofore has been usually done in such actions; and where judgment on a demurrer, or by confession, or nihil dicit, shall be given for the plaintiff, he may assign as many breaches of the covenants, or agreements, as he shall think fit, upon which a jury shall be summoned, to enquire of the truth of every one of those breaches, and to assess the damages the plaintiff shall have sustained thereby, and execution shall issue for so much; and such judgment shall remain as a security to the plaintiff his executors and administrators, for any other breaches which may afterwards happen, and he or they may have a scire facias against the defendant, and assign any other breach, and thereupon damages, shall be assessed and execution issued as aforesaid; and in all actions which shall be brought upon any bond or bonds, for payment of money, wherein the plaintiff shall recover, judgment shall be entered for the penalty of such bond, to be discharged by payment of the principal and interest due thereon, and the other costs of suit, and execution shall issue accordingly; or if before judgment, the defendant shall bring into court the principal and interest due upon such bond, he shall be discharged, and in that case judgment shall be entered for the costs only: And in any action of debt on single bill, or in debt, or scire facias upon a judgment, or in debt upon bond, if before action brought, the defendant hath paid the principal and interest due by the defeasance or condition, he may plead payment in bar. | Rules in actions for non performance of covenants. Actions upon bonds for payment of money. Debt. |
| VII. And be it further enacted, by the authority aforesaid, That all powers of attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error, made or to be made by any person or persons whatsoever within this colony, before action brought, shall be, and are hereby declared | Powers of attorney to confess judgment and release of error, before suit brought, void. |
| to be absolutely null and void; and if any attorney, or other person practising as an attorney, shall presume to appear under such power, for any defendant, in any court of record within this dominion, such attorney, shall for every such offence, forfeit and pay five hundred pounds current money, to such defendant for his own use, to be recovered with costs by action of debt or information, in any court of record, and moreover, shall be liable to an action for damages, at the suit of the party grieved. | Attorney appearing under such power, forfeits 500l. and liable for damages. |
| VIII. And be it further enacted, by the authority aforesaid, That when any process shall be sued forth or any suit, either in law or equity, commenced and prosecuted in any court of record, or before any judge or magistrate within this colony, by virtue of any letter or warrant of attorney, or letter or warrant of substitution, or by virtue of any other deputation or power, from any person or persons residing in other parts than within this dominion, against any person or persons inhabiting here, the persons suing forth such process, or commencing or prosecuting such suit, at his first appearance, or at any time thereafter, when required, shall give good and sufficient security with the clerk of the general court, or in the court where such process shall be sued out, or suit depending, to satisfy and pay to the party prosecuted, all such damages, costs and charges, as upon the same suit shall be awarded to him, her or them, by the court judge or magistrate, before whom the suit shall be heard and determined; and if such attorney shall fail to give such security, being thereunto required, the suit shall be dismissed, and the defendant shall have judgment for his costs, against such attorney, and may take execution thereupon; and moreover, such attorney shall be liable to the secretary, county court clerk, and sheriff, or other officer, for their respective fees, to be levied upon his estate, in the same manner as officer's fees are by law directed to be levied and paid, and also to all witnesses in such suit, for their respective allowances. | Attorney for any person out of this dominion shall give
security. Failing so to do liable for all the costs of suit. |
| IX. And be it further enacted, by the authority aforesaid, That before any injunction in chancery shall be granted to stay proceedings at law, in any action, suit or judgment whatsoever, in any court of record in this colony, if the court shall not be otherwise satisfied with | Rules upon entering injunctions in chancery. |
| the matter of equity, the party praying such injunction shall make oath, before the court, or before some magistrate, of the truth of the allegations of his injunction bill, which affidavit shall be certified at the foot of the bill, and he, she, or they, shall moreover enter into bond with one or more sufficient securities, in the clerk's office, for satisfying and paying all such sums of money and tobacco, and costs, which shall be then due, or become due to the plaintiff or plaintiffs, in the action, suit, or judgment so to be stayed, and also for the payment of such costs, as shall be awarded against him, her, or them, in case the injunction shall be dissolved. | |
| X. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Repealing clause. |
| XI. And be it further enacted, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one. | Commencement of this act. |
| CHAP. IX. An Act for Limitation of Actions, and avoiding of Suits. |
[From edit. 1752. This act was repealed by proclamation. See note to chap. 2.] |
| I. FOR avoiding law suits, Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all actions upon the case, other than for slander, actions for account, other than between merchant and merchant, their factors or servants, actions of trespass, debt, detinue, replevin, and trespass for breaking the close, shall be brought within five years next after cause of such action accrued, and not after; actions of trespass, for assault, battery, wounding, or imprisonment, within three years, and actions upon the case for words, within one year after the words spoken, and not afterwards. | Actions to be brought within 5 years. Three years. One year. |
| II. Provided always, That if the party intitled to such action, be under the age of twenty one years, feme covert, non compos mentis, imprisoned, or out of this colony, at the time of action accrued, such person may bring suit within the respective times herein before limited, after such disabilities removed; and where in any of the actions or suits aforesaid, judgment shall be given for the plaintiff, and afterwards reversed by a writ of error, or if a verdict pass for the plaintiff, and upon matter alledged in arrest of judgment it be given against him, and that he take nothing by his plaint, writ or bill: Or if any such action be brought by original, and the defendant thereupon outlawed, and afterwards reverse the outlawry, in any such case the plaintiff, his heirs, executors, or administrators, may commence new action or suit, from time to time, within one year after judgment so reversed or given against him, or outlawry reversed, and no longer. | Persons under legal disabilities, excepted. In what cases one year longer may be allowed. |
| III. Provided also, That where any defendant shall abscond, or conceal himself, or remove out of this colony, or out of the county where he lived when cause of such action accrued, or shall by any other indirect means, prevent or hinder the plaintiff from bringing or maintaining his action within the time herein before limited, such defendant shall not be admitted to plead this act in bar. | But persons absconding, or removing, &c. may not plead this act. |
| IV. And be it further enacted, by the authority aforesaid, That in all actions of trespass for breaking the close, where the defendant in his plea shall disclaim to make any title or claim to the land where the trespass is alledged to be done, and the trespass is by negligence, or involuntary, such defendant shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of sufficient amends for such trespass, before action brought, upon some of which the plaintiff shall join issue, and if that be found for the defendant, or the plaintiff be non-suit, he shall be barred from the said action or actions, and all other suits concerning the same. | Disclaimer. |
| V. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of queen Anne, intituled, an Act for limitation of actions, and avoiding of suits, be, and is hereby repealed. | Repealing clause. |
| VI. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, | Commencement of this act. |
| from and immediately after the tenth day of June, which shall be in the year of our lord, one thousand seven hundred and fifty one. | |||
| CHAP. X. | |||
| [From edit. 1752,] | ||
| I. FOR the regular nomination and appointment of sheriffs, within this colony: | |||
| 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 every county court of this dominion, shall annually between the last day of June, and the last day of August, present to the governor or commander in chief of this colony, for the time being, a list or recommendation of three persons, named in the commission of the peace for their county, one of which persons so recommended, shall thereupon be commissioned by the said governor or commander in chief, to execute the office of sheriff of that county, for the then next ensuing year; but if at any time any county court shall neglect or refuse to present such list or recommendation; it shall be lawful for the governor or commander in chief, and his is hereby directed to appoint and by his commission constitute, any one person nominated in the commission of peace for such county, to be sheriff thereof; and if any sheriff, appointed upon recommendation as aforesaid, shall happen to die in the time of his sheriffalty, the governor, or commander in chief may, and is hereby impowered and desired to appoint one of the survivors, recommended with the person deceased, to be sheriff in his room; and when a sheriff, appointed upon neglect or refusal of recommendation, happens to die in his office, any person in commission of peace of such county, may and shall be commissioned in his stead. | The method of recommendation & appointment of sheriffs.
And where a sheriff dies in his office. | ||
| II. And be it further enacted, by the authority aforesaid, That no person shall be compellable to serve as sheriff, longer than one year only; but the governor or commander in chief may, if he thinks fit, continue | Time of continuance in office. |
| any sheriff in his office two years, next succeeding each other, and such person may accept and execute the same two years successively, and no longer: And every person accepting a sheriff's commission, shall, before his being sworn into, or executing his office, enter into bond, before the justices of his county court, with two good and sufficient sureties at the least, in the sum of one thousand pounds current money, for his true and faithful performance of his office; which bond and sureties every county court respectively, is hereby impowered and required, to demand, take, and cause to be acknowledged before them in open court, and recorded: And if any person now appointed, or hereafter to be appointed pursuant to this act, shall refuse to accept and execute such commission to him directed, he shall forfeit and pay twenty pounds current money, to our sovereign lord the king, his heirs and successors, for the use of the county wherein such refusal shall be, towards lessening their county levy, to be recovered with costs, by action of debt or information, in any court of record of this dominion, except the person refusing, shall declare upon oath, before his or the next adjacent county court, "that he hath used his best endeavours, truly and bona fide, without covin or collusion, to get security for performance of the said office, and that he cannot obtain such security:" Which said oath such county court upon application to them made, is hereby impowered and required to administer, and cause to be recorded; and thereupon such person shall not be liable to any forfeiture for his refusal, but a new commission shall and may issue, appointing another sheriff in his stead, in the same manner as if such person were naturally dead: And no person who hath once served as sheriff, or paid his fine, shall be liable to any further forfeiture, until every justice, other than a burgess, in commission of peace for that county, shall have actually served as sheriff, or paid his fine, or discharged himself upon oath in manner aforesaid. | Sheriff shall give bond and security, before sworn in. Fine on refusal to serve. Exception. Persons serving once, or paying the fine excused 'till all the rest in commission have served, or fined. |
| III. Provided always, That every member of the house of burgesses, in this present or any future General Assembly, during the time of his being a burgess, shall be exempted from being made or appointed sheriff, and from all fines and forfeitures by this act inflicted for refusal thereof. | Burgesses excepted from being sheriffs. |
| IV. And be it further enacted, by the authority aforesaid, That every sheriff himself or by his lawful officers or deputies, shall from time to time execute all writs, and other process to him legally issued and directed, within his county, or upon any bay, river, or creek adjoining thereto, and shall make due return thereof, under penalty of forfeiting one thousand pounds of tobacco, for every failure, one moiety to his majesty, his heirs and successors for the better support of this government, and the contingent charges thereof, the other moiety to the party grieved, to be recovered with costs, by action of debt, or information, in any county court of this colony; and such sheriff shall be further liable to the action of the party grieved, at the common law, for his or her damages: And for every false return the sheriff shall forfeit and pay three thousand pounds of tobacco, to be recovered divided and applied, in the same manner as last mentioned, and shall also, in like manner, be liable to the party grieved, for damages: And no sheriff shall return, upon any writ to him directed that the defendant is not found in his bailiwick, unless such sheriff or his officer shall have actually been at the dwelling house or place of abode of such defendant, and not finding him, shall have there left an attested copy of the same writ, or process; and where any defendant shall be a known inhabitant of another county, and not of the county of that sheriff to whom the process shall be directed, such sheriff shall return the truth of the case, but not that the person is not found in his county, and thereupon such process issued from any county court clerk's office, as to such defendant shall abate and be dismissed. | Sheriff shall execute process and make return. Penalty on failing to execute. On a false return. Rules for returns where the defendant is not found. |
| V. Provided always, That it shall not be lawful for any sheriff, or other officer, to execute any writ or process upon the Lords day, commonly called Sunday, nor upon any person attending his duty at any muster of the militia, or any election of a burgess or burgesses; and that all process so executed shall be illegal and void, unless the same be issued against any person or persons for treason, felony, riot, breach of the peace, or upon an escape out of prison, or custody, and such process shall and may be executed at any time or place. | Process executed on a Sunday void. Or at musters or elections of burgesses. Except in criminal cases or escapes. |
| VI. And be it further enacted, by the authority aforesaid, That it shall not be lawful for any sheriff, or | What obligations the sheriff |
| his officer or deputy, to take any obligation of, or for any person or persons in his custody, for or concerning any matter relating to his office, otherwise payable than to himself, as sheriff, and dischargeable upon the prisoner's appearance, and rendring himself at the day and place required in the writ whereupon he was or shall be taken, or arrested: And that every obligation by any sheriff taken in other manner or form, by colour of his office, shall be null and void, except in any special case any other obligation is or shall be by law particularly and expressly directed: And that no sheriff of any county within this dominion shall demand, or take any other or greater fee or reward whatsoever, nor shall have any allowance, reward, or satisfaction from the public, for any service or business by him done, other than the allowances given and provided by law, from time to time, in the table of sheriff's fees; and that all services not there expressly enumerated, and provided for, shall be by him done ex officio. | may take of persons in custody. His fees, public or private. |
| VII. And be it further enacted, by the authority aforesaid, That every sheriff, when required by the governor's warrant for that purpose, shall collect the quit-rents due to his majesty, in his county; and shall also receive and collect the public and county levies; and shall duly pay and satisfy all such quit-rents, and levies, to the receiver general, and the public and county creditors, respectively, at the time or times which now are, or hereafter shall be, by law limited from time to time. | Sheriff shall be collector of quit rents, public and county levies. |
| VIII. And whereas some sheriffs, and others collectors, of levies, have discovered some tithables not inlisted, and have demanded and received the levies for them, and retained the same to their own use: Be it further enacted, by the authority aforesaid, That all sheriffs and collectors shall hereafter account, on oath, for all such levies by them received, to the respective county courts or vestries, as the case may be, which shall be applied towards lessening the levy of such county, or Parish. | How he shall account and pay. |
| IX. And be it further enacted, That where any person or persons holding lands of his majesty, shall fail to satisfy and pay the quit rents due for the same; or, where any person or persons shall be indebted for public, county, or parish levies, and shall not discharge the same, within the time limited by law for the payment thereof, it shall be lawful for the sheriff, or collector | Collector of quit rents, or levies may distrain. |
| of such quit rents or levies, or either of them, to distrain any of the slaves, goods, or chattels, which shall be found upon the lands, and in the possession of the person so indebted, or failing, notwithstanding such slaves, goods, or chattels shall be comprised in any deed of mortgage: And if the owner thereof shall not pay the quit rents, or levies due, within five days after such distress, such sheriff, or collector, shall and may lawfully sell, by auction, the slaves, goods, and chattels distrained, or so much thereof as shall be sufficient to satisfy the said quit-rents, or levies, and the charges of distress and sale: But shall give notice of the day and place of sale, at the church of the parish wherein such distress shall be, by setting up a note thereof, before the service begins, at some convenient or usual place near such church, and by publishing the same in the church yard, immediately after divine service, on the next Sunday after the expiration of the said five days: which sale shall not be in less than three, nor more than six days, after notice so given, and shall be good and effectual in law, against all and every person and persons whatsoever, claiming or pretending to claim any right, title, or interest, in, or to any of the said slaves, goods or chattels. | What shall be liable to distress. If no replevin by payment in five days, shall be sold by auction. Method and time of sale. |
| X. Provided always, That no sheriff, or other officer, nor any collector of levies, or officers fees, shall at any time make or take unreasonable seisures or distresses, or seise or distrain the slave, or slaves of any person, for any quit rents, or for any public, county, or parish levies, or for any officers fees, if other sufficient distress can be had, upon penalty of being liable to the action of the party grieved, grounded upon this act, wherein the plaintiff shall recover his full costs, altho' the damages given do not exceed forty shillings. | Penalty on officers making unreasonable seisure, or distraining slaves where other distress can be had. |
| XI. And whereas the situation of most prisons in this colony hath given opportunities to evil disposed persons to break open the same, and turn out debtors and others in custody, to the hindrance of justice, prejudice of creditors, and ruin of sheriffs, who have compelled to pay the debts with which such prisoners stood charged: For remedy thereof, Be it further enacted, by the authority aforesaid, That no judgment shall be entered against any sheriff, or other officer, in any suit brought upon the escape of any debtor in his or their custody, unless the jury who shall try the | Sheriff indemnified from involuntary escapes. |
| 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 re-taken, and that the sheriff and his officers neglected to make immediate pursuit. | |
| XII. And for the more effectual retaking and securing persons who escape out of prison, Be it further enacted, by the authority aforesaid, That if any person committed, rendred, or charged, in custody, in execution, or upon 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 in custody, upon oath of such escape before him made, by the sheriff, under sheriff, goaler, or other credible person, to grant unto any one demanding the same, one or more warrant or warrants under his hand and seal, directed to all sheriffs, mayors, bailiffs, constables, and headboroughs within this colony and dominion, reciting, the cause of such prisoner's commitment, and time of his or her escape, and commanding them and every of them, in their respective counties cities, towns, and precincts, to seise and retake such prisoner so escaped, or going at large, and being so retaken, forthwith to convey and commit to the prison where debtors are usually kept, in the county where such retaking shall be, there to be kept in save custody, until he or she be thence discharged by due course of law: Which warrant the sheriff is hereby required to obey, and to receive the prisoner into his safe custody, and to give a note to the person or persons delivering him or her, certifying his receipt of such prisoner; and shall also make return of the execution of such warrant, to the court of the county from whence the prisoner escaped: And if he or she was there in custody charged in execution, then the said sheriff shall safely keep him, or her, without bail or mainprize, until he or she shall make full payment 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 him, or her, shall be reversed or discharged by due course of law; and if such prisoner shall have been in custody upon mesne process, in any action of debt, or upon the case, the sheriff to whom he, or she, shall be so re-committed, shall in like manner | Process against a prisoner escaped. Escape warrant. Return therof, upon retaking & proceeding thereupon. |
| keep such prisoner in his safe custody, and make return of the execution of the warrant by which he, or she, was re-taken, to the court of that county wherein he, or she, was first arrested, and thereupon it shall be lawful for the said court, upon the plaintiff's 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 defendant had appeared in the said court and refuse [refused] to plead, unless such defendant shall cause special bail to be entered in the said court, and shall immediately plead to issue, and then upon certificate under the hand of the clerk of the said court, that such bail is given delivered to the sheriff in whose custody such defendant then shall be, it shall be lawful for the said sheriff to set at large such prisoner, and not otherwise: But where any prisoner escaped and retaken, upon such warrant as aforesaid, shall thereafter be charged with treason, felony, or other crime, or cause, in behalf of his majesty, his heirs or successors, for which he, or she, ought to be tried in the general court, or court of oyer and terminer, and shall be for such cause removed to the public goal, of this colony, every such prisoner shall be charged in the said public goal with all the causes wherewith he or she stood charged in the prison from whence he or she was so removed, until he, or she, be thence delivered by due course of law, in like manner as is herein before directed. | |
| XIII. And whereas felons, and other criminals committed to the county prisons, in order to their examination, or removal to the public goal, and slaves committed for capital crimes, conscious of their guilt, are most likely to break prison and escape: for prevention thereof, Be it further enacted, by the authority aforesaid, That where any person or persons, accused of treason, felony, or other capital crime, shall be committed to any county goal, and the sheriff shall have cause to suspect, such person will attempt to 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 goal, at the charge of and to be levied on such county, and to be repaid by the public, in the same manner as the charges of summoning, and holding courts for the examination of criminals. | Sheriff may impress a guard for securing criminals in goal.
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| XIV. And for removing all controversies touching the manner of turning over prisoners, upon a sheriff's quitting his office. | |
| XV. Be it further enacted, by the authority aforesaid, That the delivery of prisoners, by indenture between the old sheriff and the new, according to the practice in England, or the entering upon record in the county court, the names of the several prisoners, and causes of their commitment, delivered over to the new sheriff shall be sufficient to discharge the late sheriff from all suits or actions, for any escape that shall happen afterwards. | Method of turning over prisoners, by the sheriff to his successor. |
| XVI. And be it further enacted, by the authority aforesaid, That 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 is removed from his office, it shall be lawful for the succeeding sheriff or sheriffs, 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 the manner by this act before directed, to be accounted for and paid by such sheriff, to his majesty's receiver-general, public, county, or parish creditors, or such other person or persons to whom such arrears shall be due: And that every sheriff shall have and retain, for all tobacco due for public, county, or parish levies, quit-rents, secretary's, or other officers fees, put into his hands to collect, an allowance of six per centum, for collecting and paying the same. | Sheriff may distrain for arrears of public debts, due to his
predecessors. Sheriffs allowance for collecting public debts. |
| XVII. And be it further enacted, by the authority aforesaid, That the sheriff of the county of James City, for the time being, and his under sheriffs and deputies, and every of them, shall be and are hereby impowered, and authorised to summon jurors of the inhabitants of James City county, in all and every part of the city of Williamsburg, as well in that part lying in York, as in James City, to serve on juries on the days appointed for holding courts in the said county of James City. | Sheriff of James city may summon jurors in Williamsburg. |
| XVIII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses heretofore made, for or concerning | Repealing clause. |
| any matter or thing within the purview of this act, shall be and are hereby repealed. | |
| XIX. And be it further enacted, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our Lord one thousand seven hundred and fifty one. | Commencement of this act. |
| Pages 489-508
| Pages 523-540
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