Hening's Statutes at Large

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CHAP. XVII. An Act concerning Seamen.
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 if any seaman, or sailor, belonging to any ship or vessel within this dominion, shall run away, or absent himself from his service on board, every such seaman or sailor, may be taken up, or secured, and brought before a justice of peace of the county where taken, and by his warrant committed to the next constable, and conveyed from constable to constable,'til he be put on board the ship or vessel to which he belongs; and the constable so delivering him on board shall take a receipt thereof, from the master, mate, or other officer of such vessel, which being by him produced to the naval officer of the district where such vessel rides, before clearing out, shall entitle him to a reward of five shillings, for every runaway taken up ten miles, or under, from the place where the vessel rides, or ten shillings if above ten miles, to be paid by such naval officer, and reimbursed to him by the master of such ship or vessel at or before his clearing out; and such justice shall also grant a certificate to the taker up, reciting his or her name, the name of the runaway, and of the ship or vessel to which he belongs, the place where taken up, and whether it is ten miles, or more or less, from such ship or vessel, and that the taker up made oath, before him, to the place of taking: Which certificate being produced to the naval officer as aforesaid, shall entitle the taker to a reward of twenty shillings, for every such runaway taken at the distance of ten miles or more, and ten shillings, if under ten miles, to be paid and reimbursed as aforesaid: And if the vessel to which such runaway belongs shall be departed this colony, before he is taken or can be put on board, he may be delivered to the commander or master of any other ship, or vessel, willing to receive him and pay the said rewards: And that the several naval officers of this dominion may pay the said rewards, upon certificates to them produced, out of his majesty's revenue, of two shillings per hogshead; − provided due care be taken that the same be reimbursed as by this act before directed.	The method of apprehending runaway seamen. The rewards.

CHAP. XVII.

An Act concerning Seamen.

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 if any seaman, or sailor, belonging to any ship or vessel within this dominion, shall run away, or absent himself from his service on board, every such seaman or sailor, may be taken up, or secured, and brought before a justice of peace of the county where taken, and by his warrant committed to the next constable, and conveyed from constable to constable,'til he be put on board the ship or vessel to which he belongs; and the constable so delivering him on board shall take a receipt thereof, from the master, mate, or other officer of such vessel, which being by him produced to the naval officer of the district where such vessel rides, before clearing out, shall entitle him to a reward of five shillings, for every runaway taken up ten miles, or under, from the place where the vessel rides, or ten shillings if above ten miles, to be paid by such naval officer, and reimbursed to him by the master of such ship or vessel at or before his clearing out; and such justice shall also grant a certificate to the taker up, reciting his or her name, the name of the runaway, and of the ship or vessel to which he belongs, the place where taken up, and whether it is ten miles, or more or less, from such ship or vessel, and that the taker up made oath, before him, to the place of taking: Which certificate being produced to the naval officer as aforesaid, shall entitle the taker to a reward of twenty shillings, for every such runaway taken at the distance of ten miles or more, and ten shillings, if under ten miles, to be paid and reimbursed as aforesaid: And if the vessel to which such runaway belongs shall be departed this colony, before he is taken or can be put on board, he may be delivered to the commander or master of any other ship, or vessel, willing to receive him and pay the said rewards: And that the several naval officers of this dominion may pay the said rewards, upon certificates to them produced, out of his majesty's revenue, of two shillings per hogshead; − provided due care be taken that the same be reimbursed as by this act before directed.

The method of apprehending runaway seamen.

The rewards.

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II. And to prevent escapes, Be it further enacted, by the authority aforesaid, That if any constable, or other officer, charged with conducting a runaway sailor, or sailors, shall wittingly, willingly, or negligently, suffer him, or them, to escape, or shall not in due time deliver such receipt, as by this act is required to be by him taken upon putting such runaway on board, to the naval officer of the district, as is herein before directed, such constable, or officer, shall forfeit and pay fifty shillings current money for every such offence, to the kingship heirs, and successors, towards the better support of the government, and the contingent charges thereof, recoverable with costs, by action of debt, or information, in any county court.	Penalty on officer suffering an escape.
III. And that if any ordinary keeper, or other person, shall at any time, entertain, harbor, or conceal, any seaman, or sailor, belonging to any ship or vessel, without good proof of his being about lawful business, such ordinary keeper shall forfeit and pay fifty shillings current money, to the informer, recoverable as aforesaid, or on failure of present payment, or security for payment within six months, shall receive thirty lashes on his, or her bare back, well laid on, for such offence: And if any ordinary keeper, or other person, shall harbor, or entertain any seaman, not producing a certificate of his being discharged, under the hand of his last commander, or master, such offender shall be liable to the like forfeiture and punishment, recoverable in like manner.	And on persons harboring seamen.
IV. And for the better preventing the desertion of seamen, It is hereby further enacted, That if any seaman, belonging to a ship or vessel, within this colony, shall without license of his commander, go on shore, and absent himself from his duty, every such seaman shall, for every such offence, forfeit and pay five shillings current money, to be recovered before any justice of peace, by the master, or any of the crew of the ship or vessel, to which such seaman belongs, and on failure of present payment, or security for payment thereof out of his wages, he shall receive ten lashes on his bare back, well laid on: And that no master of a ship or vessel within this colony, shall hire, receive, or entertain any seaman, without a discharge under the hand of his former commander, under penalty of twenty pounds current money, for every seaman so	On seamen absent without leave. On ship masters hiring men without certificates.

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hired, received, or entertained, recoverable with costs, by the master or owner, or owners, of the vessel to which such seaman belongs, by action of debt, in any court of record of this dominion: And that no seaman whatsoever, not being employed by his commander, shall travel within this colony, without certificate, under the hand of his last master, or commander, that such seaman is by him discharged; and if any seaman shall be found travelling without such certificate, he may be taken up as a runaway, and conveyed on board, in the manner herein before directed; and in such case, the persons taking up and conveying such seaman shall be entitled to the same rewards, and liable to the like penalties upon any escape.	Seamen travelling without certificate of discharge, may be taken up.
V. And be it further enacted, by the authority aforesaid, That if any seaman or other person hired and sent in any sloop, boat, or other vessel, for delivery of goods from on board, or fetching tobacco or other merchandize, shall disobey the lawful commands of his captain, or any officer by him appointed for taking charge of such vessel, such offender, upon complaint and proof thereof made, before any justice of peace, shall have and receive twenty lashes on his bare back, well laid on.	Diobedient sailors shall be whipped.
VI. And for preventing and punishing mutinies happening on ship-board, It is hereby further enacted, by the authority aforesaid, That if any seaman or other person hired to serve on board any ship or vessel, shall obstinately refuse to obey the just commands of his captain, mate, or other superior officer, or shall lift his hand against, or threaten any bodily hurt, to them, or either of them, or shall wilfully neglect his duty, or refuse to work, not being disabled by sickness or otherwise, it shall be lawful for any two justices of the peace, one of them being of the quorum, residing near the place where the vessel rides, upon complaint to them made, to cause the party so offending to be brought before them, together with the witnesses desired by either party, at some convenient place near such ship or vessel, and summarily to hear and determine such complaint, and upon due proof of such offence, to impose such mulct or fine on the party offending, to be paid to the party injured, as to them shall seem just, not exceeding five pounds current money; and if the nature of the offence shall require it, to order and direct such corporal punishment on	Process in case of mutinies.

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on the offender, as they shall think fit: And if any person so convicted shall not make present payment, or give snfficient security for the same to be made within six months, and also for his future good behaviour, he shall receive on his bare back, thirty nine lashes, well laid on, and then be remanded to his service on board.
VII. And for redressing the just complaints of seamen against their commanders, Be it further enacted, by the authority aforesaid, That every master or commander of any ship or vessel, within this colony, shall provide and allow good and sufficient diet and accommodation, for all persons under his command, on board such ship or vessel, according to the usage in merchant's service; and also shall provide, or cause to be provided and furnished, the like sufficient allowance of wholesome victuals, to all persons by him employed, or sent in sloops, boats, or other vessels, for the delivery or bringing on board of goods or merchandize, proportionably to the distance of place, and length of time the persons so sent may reasonably be absent: And if any master or commander shall neglect or refuse so to do, upon complaint thereof made to any justice of peace, residing near the place where such ship or vessel rides, he is hereby impowered and required, to cause such master or commander to come before him, to answer such complaint, and thereupon to order such satisfaction to the person or persons injured, as to him shall seem just, and if necessary, thereupon to award execution against the body or goods of such commander: And that if any master or commander of a ship or vessel, within this dominion, shall immoderately beat, wound, or maim, any seaman belonging to his ship or vessel, any justice of peace, upon complaint thereof to him made, is hereby impowered and required, by warrant under his hand, directed to the sheriff or constable, to cause such master or commander to be brought before him, and upon such complaint being duly proved, to take sufficient security for his good behaviour; and moreover, such master or commander shall be liable to the action of the party grieved, at the common law, for all damages sustained by such beating, wounding, or maiming.	Duty of commanders. Proceedings upon sailors' complaints. In cases of beating, wounding, &c.
And that if any master or commander shall discharge, or cause to be put on share, any sick or disabled sailor or sailors, belonging to his ship or vessel,	Discharging sick or disabled men.

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or any servant, without taking due care for their maintenance and cure, he shall forfeit and pay ten pounds current money, to the churchwarden or churchwardens of the parish wherein such sailor, or sailors, or servants, shall be put on shore, to be recovered, with costs, by action of debt or informatton, in any county court, and applied towards lessening the parish levy; and he shall also be liable to the action of the churchwardens of that, or any other parish, wherein such sailor, or sailors, or servant, shall become chargeable, for all expences of maintenance and cure; in which action no statute or act of limitation shall be pleaded: And that every master, upon discharging a seaman from his service, shall give him a certificate under his hand, that the person therein named hath served on board his ship, or vessel, and is by him discharged; which shall be sufficient to indemnify any other person hiring or entertaining such seaman: And if any master shall refuse, upon request of the party discharged, to grant him such certificate, he shall forfeit and pay to such party, five pounds current money, recoverable, with costs, before any justice of peace, who is hereby authorized to hear and determine the same, and thereupon to give judgment and award execution.	Master discharging a seaman shall give him a certificate.
VIII. Provided always, That nothing in this act contained shall be construed to limit or restrain the authority and jurisdiction of the lord high-admiral of Great Britain, the vice-admiral of this dominion, or judge of the vice-admiral, for the time being, in any matter or thing properly cognizable in the admiralty court.	Saving to the jurisdiction of the admiralty.
IX. And be it further enacted, by the authority aforesaid, That all and every other acts and acts, clause anc clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.	Repealing clause.
X. And be it further enacted, by the authority aforesaid, 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.

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CHAP. XVIII.

An	Act for the better securing the payment of Levies, and Restraint of Vagrants, and for making provision for the poor.

I. WHEREAS divers idle and disorderly persons, having no visible estates or employments, and who are unable to work, frequently strole from one county to another, neglecting to labour, and either failing altogether to list themselves as tithables, or by their idle and disorderly life, rendering themselves incapable of paying their levies when listed: For remedy whereof,

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 it shall not be lawful to and for any inhabitant of this colony, to entertain, hire, or employ, in his or her house, above the space of forty-eight hours, any person or persons whatsoever, being tithable, and removing from the parish where he or she formerly resided, unless such person shall first produce a certificate, under the hand of the sheriff of the county, or the churchwardens, or other person collecting the levy of the parish from whence he or she came, that such person paid levy there for the preceding year, or, that he or she came into this colony since, or was a servant at the time of taking the last list of tithables; and if any one shall entertain, hire, or employ, any person or persons whatsoever, being tithable, not having such certificate as aforesaid, he or she so offending, shall forfeit and pay two hundred pounds of tobacco, or twenty shillings current money, for every such offence, to the informer, recoverable before any justice of peace of the county where the offence shall be committed: And if any tithable person, not having such certificate, shall offer him or herself, or seek to be employed, he or she shall be liable to the like penalties and forfeitures, as persons not listing themselves as tithables are liable to.

No wandering person shall be hired or entertained without a certificate.

III. And be it further enacted, by the authority aforesaid, That all able bodied persons not having wherewithal to maintain themselves. who shall be found

Vagabonds described.

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loitering, and neglecting to labour for reasonable wages; all persons who run from their habitations, and leave wives or children, without suitable means for their subsistence, whereby they are like to become burdensome to the parish wherein they inhabit; and all other idle, vagrant, or dissolute persons, wandering abroad, without betaking themselves to some lawful employment, or honest labour, or going about begging, shall be deemed and adjudged rogues and vagabonds.
IV. And be it further enacted, by the authority aforesaid, That if any such vagabond shall be found in any parish or place, wandering, begging, or misordering him or herself, it shall be lawful for any justice of peace of that county, and he is hereby impowered and required, by warrant under his hand, to cause such vagabond to be brought before him, and to examine and inform himself, as well by the oath and examination of the person apprehended, as of any other person or persons, which oath or oaths the justice is hereby impowered to administer, and by any other ways and means he shall think proper, of the condition and circumstances of the person or persons so apprehended; and if it shall appear, that he or she is under the description of vagabonds, within this act, the said justice shall, by his warrant, order and direct him or her to be conveyed and whipt, in the same manner as runaways are, from constable to constable, to the parish wherein his wife or children do inhabit, or where he or she did last reside, as the case shall be, and there delivered to a justice of the peace, who is hereby required to cause every such vagabond to give sufficient security for his or her good behaviour, and for betaking him or herself to some lawful calling, or honest labour; and if he or she shall fail so to do, then to commit him or her to the common goal of the county, there to remain until such security be given, or until the next court: Which court is hereby impowered, if no security be then offered, to bind such vagabond to service, on wages, for the term of one year; and such wages, after deducting the charges of the prosecution and necessary cloathing, shall be applied towards supporting the family of such servant, if any, or otherwise paid to the person so bound, after his or her time of service is expired, in full of all other recompence or reward: But if any	The manner of dealing with such.

loitering, and neglecting to labour for reasonable wages; all persons who run from their habitations, and leave wives or children, without suitable means for their subsistence, whereby they are like to become burdensome to the parish wherein they inhabit; and all other idle, vagrant, or dissolute persons, wandering abroad, without betaking themselves to some lawful employment, or honest labour, or going about begging, shall be deemed and adjudged rogues and vagabonds.

IV. And be it further enacted, by the authority aforesaid, That if any such vagabond shall be found in any parish or place, wandering, begging, or misordering him or herself, it shall be lawful for any justice of peace of that county, and he is hereby impowered and required, by warrant under his hand, to cause such vagabond to be brought before him, and to examine and inform himself, as well by the oath and examination of the person apprehended, as of any other person or persons, which oath or oaths the justice is hereby impowered to administer, and by any other ways and means he shall think proper, of the condition and circumstances of the person or persons so apprehended; and if it shall appear, that he or she is under the description of vagabonds, within this act, the said justice shall, by his warrant, order and direct him or her to be conveyed and whipt, in the same manner as runaways are, from constable to constable, to the parish wherein his wife or children do inhabit, or where he or she did last reside, as the case shall be, and there delivered to a justice of the peace, who is hereby required to cause every such vagabond to give sufficient security for his or her good behaviour, and for betaking him or herself to some lawful calling, or honest labour; and if he or she shall fail so to do, then to commit him or her to the common goal of the county, there to remain until such security be given, or until the next court: Which court is hereby impowered, if no security be then offered, to bind such vagabond to service, on wages, for the term of one year; and such wages, after deducting the charges of the prosecution and necessary cloathing, shall be applied towards supporting the family of such servant, if any, or otherwise paid to the person so bound, after his or her time of service is expired, in full of all other recompence or reward: But if any

The manner of dealing with such.

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such vagabond be of such evil repute, that no person will receive him or her into service, in such case, the court shall order him or her to receive thirty nine lashes on his or her bare back, well laid on at the public whipping-post, and then to be discharged; and in both cases, every such vagabond shall be afterwards liable to the like prosecution and punishment, for every offence of vagrancy, whereof he or she shall be guilty as aforesaid: And when any such vagabond shall be brought before a justice of the peace, and it shall not appear to the said justice, that he or she has acquired a legal settlement in any parish, the said justice is hereby required to cause such vagabond to give security for his or her good behaviour, and for betaking him or herself to some honest calling or employment, and on failure thereof, shall commit him or her to the gaol of the county, there to remain, and be dealt with as is herein before directed.
V. And for determining all disputes concerning what shall be accounted a legal settlement, whereby any person may be entitled to be provided for at the parish charge: It is hereby enacted and declared, That no person shall be accounted an inhabitant, so as to have gained a legal settlement in any parish, until such person shall have been actually resident in such parish, one whole year.	What shall be a legal settlement.
VI. And be it further enacted by the authority aforesaid, That upon complaint made by the churchwardens of any parish, before a justice of peace, that any poor person or persons is or are come into their parish, and likely to become chargeable thereto, it shall be lawful for such justice, by warrant under his hand, to cause such poor person to be removed to the parish where he or she was last legally settled; but if such poor person be sick or disabled, and cannot be removed without danger of life, the churchwardens shall provide for his or her maintenance and cure, at the charge of their parish, and after recovery shall cause him or her to be so removed; and the parish, wherein he or she was last legally settled, shall repay all charges occasioned by the sickness, maintenance and cure of such poor person, and also all charges and expences, if such person shall die before removal: And if the churchwarden or churchwardens of the parish to which such poor person belongs shall refuse to receive and provide for the person or persons	The method of sending poor people to their own parish.

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removed by warrant, as aforesaid, every churchwarden so refusing shall forfeit and pay twenty pounds current money, one half to our sovereign lord the king, for the use of the parish from whence the removal was, and the other moiety to the informer; to be recovered by action of debt or information, in any court of record of this dominion, with costs of suit: And if the vestry of the parish where such poor person was last legally settled shall refuse to pay and satisfy all the charges and expences aforesaid, in such case, the vestry of the parish refusing shall be liable for the same to the churchwardens of the parish aggrieved, to be recovered with costs, in any court of record, as aforesaid: And if any house keeper shall entertain any such poor person, and shall not give notice thereof to the churchwardens of the parish, or one of them, within one month, he or she so offending shall forfeit and pay the sum of five pounds, or one thousand pounds of tobacco, to be recovered with costs, by the churchwardens, for the use of the parish, by action of debt or information, in any county court.	Penalty on church wardens refusing to receive the poor. Remedy against Vestries not paying charges. Penalty for entertaining poor without giving notice.
VII. And to prevent the evil consequences attending the neglect or inability of poor people to bring up their children in an honest and orderly course of life, And be it further enacted, by the authority aforesaid, That where any person or persons shall be, by their county court, judged incapable of supporting and bringing up their child or children, in honest courses, or where it shall appear to the court, that he, she, or they, neglect to take due care of the education of his, her, or their child or children, and their instruction in the principles of christianity, in any such case it shall be lawful for the churchwardens of the parish, where such child or children inhabit, by order of their county court, to bind every such child or children apprentices, in the same manner, and under such covenants and conditions as the law directs for poor orphan children.	In what cases and by whom poor children may be bound apprentices.
VIII. 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.
IX. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force	Commencement.

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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. XIX. An Act directing the duty of Surveyors of Land.
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 all and every person and persons, who now is, or are surveyors of land in any county of this colony, or assistant to such surveyor, shall, within three months after the commencement of this act, and every person thereafter to be appointed surveyor or assistant, shall, before his entering upon the execution of such trust or office, in the court of that county whereof he is, or shall be appointed surveyor, or assistant, enter into bond with two sufficient sureties, to our sovereign lord the king, his heirs and successors, in the sum of five hundred pounds current money, for the true and faithful execution and performance of his office, and shall also then there make oath and swear, 'That he will truly and faithfully, to the best of his knowledge and power, discharge and execute his trust, office, and employment;' which bond and oath the justices of every county court respectively are hereby authorized and required to cause to be entered into, administered, and recorded: And if any surveyor or assistant, shall presume to execute his office, after the commencement of this act, before such bond and oath by him entered into and taken, he shall not be entitled to demand or receive any fee for the same; and every survey, and other matter or thing, so by him done under colour of his office, shall be illegal and void.	Surveyors and their assistants shall give bond and security. And be sworn. Otherwise their proceedings void.
II. And be it further enacted, by the authority aforesaid, That when any person shall offer to enter with any surveyor, within this colony, for any quantity of land, not before granted by patent, if the surveyor shall refuse to enter the same, pretending it to have	Rules in entries for land.

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been before entered by some other person, in such case, the surveyor shall produce his book of entries to the person offering to enter, and shew him the said entry, and also give an attested copy thereof, if required; the person demanding the same, paying for such copy, the fee of two shillings and six pence, and no more: And if any surveyor shall refuse to produce his said book, to any person requiring the same, so as such demand be made at the surveyor's house, or any other place where his book of entries is; or shall refuse to give a copy of any entry, or to enter any land when required, where such entry shall be agreeable to, and not interfering with the orders of the governor in council, relating to the taking up and patenting of lands; or shall refuse upon reasonable notice to him given, to survey and lay out any lands, for any person legally requiring the same, and which may lawfully be done; every surveyor so refusing shall forfeit and pay to the party grieved, for his or her own use, twenty pounds current money, for every such refusal.	Penalty on surveyors refusing to do their duty.
III. And be it further enacted by the authority aforesaid, That if any surveyor, or assistant, shall enter for lands, either in his own name, or in the name of any other person or persons in his behalf, or for his use, such entry shall be made before a justice of the peace, (not being an assistant) of the county where the lands lie, which entry the said justice shall return to the next court, there to be recorded: And every entry, or survey thereupon made, by or for any surveyor or assistant, after the passing of this act, in any other manner than is herein before directed, shall be illegal and void, and any other person may enter, survey, and sue forth a patent for the same land.	How a surveyor may enter land for himself.
IV. And be it further enacted by the authority aforesaid, That where any entry hath been or shall be made, for less than four hundred acres of land, and before surveying the same, the person or persons, by or for whom such entry was or shall be made, shall duly enter for more land, adjoining thereto, not exceeding in the whole four hundred acres, the surveyor shall not be entitled to any larger fee for the survey thereof, than if the whole quantity had been entered for at first: And where lands to be surveyed shall lie in two counties, or districts, such land shall be surveyed by the surveyor of that county, or district,	Rules in special cases.

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wherein the greatest part lies: And where it shall happen that the title or bounds of any tract of land, lying in two counties, or districts, shall be in controversy, so as to occasion a survey thereof by direction of the court wherein such controversy shall be depending, altho' the surveyors of both counties, or districts, shall attend such survey, yet they shall not be entitled to demand or receive any more, than as if the service had been done by one surveyor only: And if any assistant-surveyor shall presume to make, or take any entry or entries, for any person or persons whatsoever, he shall, for every such offence, forfeit and pay five pounds current money, to the informer, recoverable in any court of record of this dominion, wherein the same shall be cognizable, by action of debt or information; and moreover such offence shall be deemed a forfeiture of the bond of such assistant.	Assistant surveyor may not make or take any entry.
V. And to prevent disputes about the priority of entries for land, and for the greater conveniency of the people, in repairing from time to time to the surveyors of their respective counties, or districts, to make entries for unpatented lands, Be it further enacted, by the authority aforesaid, That there shall be but one surveyor, with whom entries for lands shall be made, for each of the several counties of Brunswick, Amelia, Orange, Albemarle, Augusta, and Louisa; and such surveyor, and all and every surveyor and surveyors of the county of Lunenburg, shall be resident in such county, or district respectively, whereof he is surveyor, during the time he shall continue in office, on penalty of forfeiting ten pounds current money, for every month he shall reside out of the same, one moiety of which shall be to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, and the other moiety to the informer.	In what counties the surveyors thereof shall reside. Penalty, 10 l. per month.
VI. And be it further enacted by the authority aforesaid, That every surveyor, making a survey of land, shall see the same plainly bounded, by natural bounds, or marked trees, and, within five months after survey, shall deliver to his employer a plot and certificate thereof, and shall also enter, or cause to be entered, in a book well bound, to be ordered and provided by the court of his county, at the county charge, a true, correct, and fair copy and plot of every survey by him made, during his continuance in office, within	Surveyor's duty, in making surveys, entering plots, &c.

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two months after making the same, and certify the name or names of the person or persons for whom any survey is made, the true quantity of land therein contained, the parish or place where it lies, the rivers, creeks, and water courses, and the true boundaries, natural or artificial, and the plantations or lands next adjoining; and also, shall annually, in the month of June, return a true and perfect list of all surveys by him made, to his county court clerk's office, to be recorded, upon penalty of forfeiting, for every default in any of the premises, two thousand pounds of tobacco, one half to the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, and the other half to the informer: And every county court respectively is hereby declared to have full power and authority, at any time when they think fit, to appoint two or more capable persons of their county, to view and examine their surveyor's book of surveys, and to report to them how the same is kept: And upon the death or removal of any surveyor, to retake his book of surveys, and cause the same to be preserved among the county records, or delivered to the next surveyor, as in their discretion they think best.	Penalty in case of failure. County courts may order their surveyor's book to be inspected. And preserved among the records.
VII. And be it further enacted, by the authority aforesaid, That no survey shall be made without chain-carriers, to be paid by the party demanding the survey, and sworn, 'to measure justly and exactly, to the best of their knowledge, and to deliver a true account thereof to the surveyor;' which oath every surveyor is hereby impowered and required to administer.	Nor survey without sworn chain carriers.
VIII. And be it further enacted, by the authority aforesaid, That all entries for land, legally made, shall stand good, until notice given by the surveyor in writing, publickly affixed at the court-house of his county, on two successive court days, and where the party claiming lives in another county, then in like manner in that county also, that his is ready to proceed to the survey thereof: And if the party claiming, his heirs or assigns, shall not, within one month after such notice, attend the surveyor, with all necessaries for making such survey; and give him timely warning thereof, the entry or entries, claimed by such party, shall be void, as if such entry had never been made.	Notice of surveying must be given. Entries of persons not attending within one month after notice, void.

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IX. And for preventing hasty and surreptitious grants, and avoiding controversies and expensive lawsuits, Be it further enacted, by the authority aforesaid, That no surveyor shall at any time issue or deliver any certificate, copy, or plot of land by him surveyed, except only to the person or persons for whom the same was surveyed, or to his, her, or their order; unless such person or persons shall refuse to pay the surveyor's fees for making such survey, to be proved by the sheriff's return, upon the surveyor's account delivered him to collect, that the party has no effects in his bailiwick, whereupon he can levy the same, or, unless such party shall have legally forfeited his, or her right to the land entered for, to be proved by an authentic copy of the order of council, declaring such forfeiture, produced to the surveyor: And if any surveyor shall presume to issue any certificate, copy, or plot, as aforesaid, to any other than the person or persons entitled thereto, every surveyor so offending shall forfeit and pay to the party injured, his, or her legal representatives or assigns, five hundred pounds of tobacco, for every hundred acres of land contained in the survey, whereof a certificate, copy, or plot, shall be so issued, or shall be liable to the action of the party injured, at the common law, for his, or her damages at the election of such party.	Surveyor shall not issue a plot or copy, to any but the owner. Exceptions. Penalty.
X. And be it further enacted by the authority aforesaid, That no surveyor, for any fees due to him by virtue of his office, shall presume to take directly or indirectly, in his own name, or in the name of any other person in trust for him, any obligation, specialty, note, or other security, from any person whatsoever, for the payment of any sum or sums of money, in lieu of such fees; and that all speciaities, notes, or securities, taken contrary to this act, shall be void, and no action or suit shall be maintained thereon: And if any action or suit shall be brought upon such specialty, note, or security, the defendant may plead this act in bar thereof, and the plaintiff shall join issue upon such plea, and upon trial thereof the onus probandi, as to the consideration for which such specialty, note, or security was given, shall lie upon the plaintiff.	Money securities ior surveyor's fees void.
XI. And be it further enacted, by the authority aforesaid, That all the several penalties and forfeitures,	How the penalties may

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by this act laid, given, or inflicted, shall and may be recovered with costs, by action of debt, or information, in any court of record of this dominion, wherein such penalty shall be cognizable: And that all and every other act and acts, clause and clauses, herstofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

be recovered.

Repealing clause.

XII. And be it further enacted, by the authority aforesaid, 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. XX.

An	Act for preventing Trespasses, by unruly Horses, Cattle, Hogs, Sheep, or Goats, and by taking away Boats or other vessels.

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 if any horses, mares, cattle, hogs, sheep, or goats, shall break into any grounds, being inclosed with a strong and sound fence, five feet high, and so close that the beasts breaking into the same could not creep through, or with an hedge two feet high, upon a ditch three feet deep, and three feet broad, or instead of such hedge, a rail fence, of two feet and a half high, the hedge or fence being so close that none of the creatures aforesaid can creep through, which shall be accounted a lawful fence, the owner of such horses, mares, cattle, hogs, sheep, or goats, or any one of them, shall, for the first trespass so committed, make reparation to the party injured, for the true value of the damage he shall sustain; and for every trespass afterwards, double damages, to be recovered, with

What shall be a lawful fence.

Penalty on the owner of beasts breaking such inclosure.

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costs, in any court of record of this dominion, wherein the same shall be cognizable.
II. Provided nevertheless, That for the third offence of any one or mere of the beasts aforesaid, breaking into such enclosures, it shall be at the election of the party injured, to sue for his damages, or to kill and destroy the beasts so trespassing, without being answerable for the same.	Where the party injured may sue for damages, or destroy the beasts.
III. And that the condition of the fence, at the time of the trespass committed, may be proved to a jury upon trial, It is hereby further enacted, That upon complaint made by the party injured, before any justice of peace of that county, wherein such trespass shall be, such justice is hereby impowered and required to issue his order without delay, to three honest house-keepers of the neighbourhood, no ways related to the party injured, nor interested concerning the trespass, reciting the complaint, and requiring them to view the fence where the trespass is complained of, and to take memorandums of the same; and their testimony in such case shall be good evidence to the jury, as touching the lawfulness of the fence.	How the fences shall be viewed.
IV. And be it further enacted by the authority aforesaid, That if any person, damnified for want of such sufficient fence, shall hurt, wound, lame, kill, or destroy, or cause to be hurt, wounded, lamed, killed, or destroyed, by shooting, hunting with dogs, or otherwise, any of the kind, or breed of horses, cattle, sheep, goats, or hogs, he, she, or they, so offending, shall pay and satisfy to the owner of the creature, so hurt, wounded, lamed, killed, or destroyed, double damages, with costs, recoverable as aforesaid, except the damage alledged to be under twenty five shillings, and then recoverable before any justice of peace, of the county where the damage was done.	Penalty for hurting beasts in grounds not sufficiently fenced.
V. And be it further enacted, by the authority aforesaid, That all owners of horses, mares, cattle, or other beasts, which they know to have barked fruit trees, shall keep the same within their own fenced ground; and if any person shall take up any horse, mare, kine, or other beast, known by the owner to have barked fruit-trees, and shall deliver the same to such owner, he or she shall pay the taker up one hundred pounds of tobacco for every such beast, so taken up and delivered, recoverable with costs, before	Reward for taking up beasts known to have barked fruit trees.

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any justice of the county wherein such beast was taken up, or the owner lives : Provided always, That the taker up shall, if required, make oath before the same justice, that he took up such horse, mare, or other beast, and that no means were used by himself, or any other person to his knowledge, to set the same at large; otherwise he shall lose the said reward.
IV. And be it further enacted, by the authority aforesaid, That every person who shall, without leave of the owner, take away any boat, or other vessel, shall for every such offence, pay five hundred pounds of tobacco, to the owner thereof, over and above the damage such boat or vessel shall sustain, and over and above the charge of bringing back the vessel; to be recovered, with costs, in any court of record, as aforesaid; and if the person so trespassing be a servant, he or she shall make the like satisfaction, by his or her service, when the time due to his or her master, or owner, shall be expired; and where there shall be several offenders in one trespass, every person shall be liable for the whole penalty.	Penalty for taking boats or other vessels.
VII. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of Queen Anne, intituled, An Act for prevention of trespasses, by unruly horses, cattle, hogs, sheep, and goats, and by taking away boats, and canoes, shall be, and is hereby repealed.	Repealing clause.
VIII. 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. XXI. An Act concerning Tithables.
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 all male persons of the age of sixteen years and upwards,	Who shall be tithable.

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and all negroe, mulatto, and Indian women of the same age, except Indians tributary to this government, and all wives of free negroes, mulattos, and Indians, except as before excepted, shall be and are hereby declared to be tithable, and chargeable for defraying the public, county, and parish levies, of this colony and dominion, excepting such only as the county courts, for charitable reasons appearing to them, shall think fit to excuse.
II. Provided always, That nothing herein contained shall be construed to extend to the governor, or commander in chief of this colony, for the time being, and his domestick servants; or to the president, masters, scholars, and domestick servants, of the college of William and Mary; or to the person of any beneficed minister within this colony; or to the person of any constable, so long as he continues in his office; so as to charge them, or any of them, as tithables within the meaning of this act.	Persons exempted.
III. And for ascertaining the age of children imported into this colony, Be it further enacted, by the authority aforesaid, That the owner or purchaser of every imported child, being a servant or slave, and the parent or importer of every free male child, shall bring him or her before the court of what county wherein such child shall be resident, at the first, second, or third court held, after his or her importation, and the age of such child, being then there adjudged by the court, and recorded, shall be deemed and taken to be the true age thereof, in respect to his or her becoming tithable, otherwise every such child shall be immediately tithable, although not sixteen years of age.	How the age of children imported, shall be adjudged.
IV. And for the regular listing all tithable persons, Be it further enacted, by the authority aforesaid, That the court of every county respectively, shall divide the same into convenient precincts, and annually, before the tenth day of June, appoint one of the justices for each precinct, to take a list of the tithables therein; and every such justice shall, before that day, give public notice of his being so appointed, and at what place or places he intends to receive the lists, by advertisement thereof, affixed to the church door of the parish wherein his precinct lies, and shall accordingly attend on the said tenth day of June, if it be not Sunday, and then on the next day, and in August court next following shall deliver a fair list, of the names	The method of listing tithables.

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and numbers of the tithables, together with the vouchers by him taken, to the clerk of the court, who, on the next court day, shall set up fair copies of such lists in his court house, there to remain during the sitting of that court, for the inspection of all persons, and the better discovery of such as shall be concealed: And if any justice so appointed shall refuse to take, or shall fail to return such list, and vouchers, as aforesaid, he shall forfeit and pay two thousand pounds of tobacco, one moiety to the king, his heirs and successors, for the use of the county wherein such failure, or refusal shall be, towards lessening the county levy, and the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any county court of this dominion.	Penalty on justices not taking and returning the lists.
V. And that every master, or owner of a family, or in his absence, or non-residence at the plantation; his or her agent, attorney, or overseer, shall on the said tenth day of June, by a list under his or her hand, deliver, or cause to be delivered, to the justice appointed for that precinct, the names and number of all tithable persons abiding in, or belonging to his or her family, the ninth of June; or the master or owner thereof, or in case of his or her absence, or non residence upon the plantation, the overseer, shall be adjudged a concealer of such and so many tithables as shall not be listed and given in, and for every tithable person, so concealed, shall forfeit and pay five hundred pounds of tobacco, one moiety to the king, his heirs and successors, for the use of the parish wherein such concealment shall be, the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any court of record where the same shall be cognizable: And when any overseer shall fail to list the tithables upon the plantation whereof he is overseer, the master or owner shall be subject to the payment of their levies, in the same manner as he would have been if they had been listed: And if any justice, appointed to take the list of tithables, shall not truly enter and list the names, and number of his own tithables in that precinct, in the list he gives in, he shall be adjudged a concealer, and for every tithable person so by him concealed and not listed, shall forfeit and pay one thousand pounds of tobacco, to be applied and recovered as aforesaid.	On persons not listing their tithables. Owner liable where the Overseer fails to list. On the justice not listing his own tithables.

and numbers of the tithables, together with the vouchers by him taken, to the clerk of the court, who, on the next court day, shall set up fair copies of such lists in his court house, there to remain during the sitting of that court, for the inspection of all persons, and the better discovery of such as shall be concealed: And if any justice so appointed shall refuse to take, or shall fail to return such list, and vouchers, as aforesaid, he shall forfeit and pay two thousand pounds of tobacco, one moiety to the king, his heirs and successors, for the use of the county wherein such failure, or refusal shall be, towards lessening the county levy, and the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any county court of this dominion.

Penalty on justices not taking and returning the lists.

V. And that every master, or owner of a family, or in his absence, or non-residence at the plantation; his or her agent, attorney, or overseer, shall on the said tenth day of June, by a list under his or her hand, deliver, or cause to be delivered, to the justice appointed for that precinct, the names and number of all tithable persons abiding in, or belonging to his or her family, the ninth of June; or the master or owner thereof, or in case of his or her absence, or non residence upon the plantation, the overseer, shall be adjudged a concealer of such and so many tithables as shall not be listed and given in, and for every tithable person, so concealed, shall forfeit and pay five hundred pounds of tobacco, one moiety to the king, his heirs and successors, for the use of the parish wherein such concealment shall be, the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any court of record where the same shall be cognizable: And when any overseer shall fail to list the tithables upon the plantation whereof he is overseer, the master or owner shall be subject to the payment of their levies, in the same manner as he would have been if they had been listed: And if any justice, appointed to take the list of tithables, shall not truly enter and list the names, and number of his own tithables in that precinct, in the list he gives in, he shall be adjudged a concealer, and for every tithable person so by him concealed and not listed, shall forfeit and pay one thousand pounds of tobacco, to be applied and recovered as aforesaid.

On persons not listing their tithables.

Owner liable where the Overseer fails to list.
On the justice not listing his own tithables.

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VI. Provided nevertheless, That if any owner or overseer shall happen, by sickness, absence, or ignorance of the person, or place, to omit delivering his or her list on the said tenth day of June, to the justice appointed to take the same, it shall be lawful for such person, to deliver or send his or her list to the house of such justice, at any time before the last day of the said month, which shall discharge him or her from the penalty aforesaid.	Lists may be given in before June 30.
VII. And whereas some persons, being owners of plantations in different counties and parishes, when they have been apprehensive, That the levies would run high in one of those counties or parishes, by reason of public buildings, or other emergencies, have removed their tithables some small time before the ninth of June, out of such county or parish, to some other plantation in another county or parish, and in a short time afterwards have caused the same, or other tithables in their room, to return to the county or parish from whence they were removed: For preventing such fraudulent practices, Be it further enacted, by the authority aforesaid, That if any master, owner, or overseer, shall remove his or her tithables, from one plantation to another, with intent to avoid the payment of levies in the county or parish from whence they are so removed, and shall afterwards cause the same or other tithables in their room, to return to the plantation from whence they were removed, in the manner herein before mentioned, every such master, owner, or overseer, shall be adjudged, and is hereby declared to be a concealer of the tithables so removed, and shall be liable to the penalties by this act inflicted for concealing or not listing tithables, to be recovered and applied as is herein before directed.	What shall be a fraudulent removal of tithables.
VIII. 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 employed in navigation, and who actually pay towards the support of Greenwich hospital, out of their wages, shall be, and are hereby exempted from being listed as tithables, and from paying any public, county, or parish levy.	Mariners not tithable.
IX. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of queen	Repealing clause.

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Anne, intituled, An act concerning tithables, and one other act, made in the twelfth year of his present majesty's reign, For amending the said 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.

X. 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. XXII.

An	Act to prevent the clandestine transportation, or carrying of persons in debt, servants, or slaves, out of this Colony.

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 no master of a ship, or other vessel, shall transport or carry any person whatsoever out of this colony and dominion, without a licence, or pass for the same, signed by the secretary of this colony, for the time being, or such other person as he shall depute and authorise for that purpose, upon penalty of answering and paying every debt and duty such person, at his or her departure out of this colony, shall owe, or stand obliged for, to the king, his heirs, and successors, or to any of the inhabitants, merchants, or traders here, by judgment, bond, bill, covenant, account, or any other ways or means whatsoever, to be recovered against such master, by action of debt, in any court of record within this dominion: And that no master of a ship, or any other vessel, shall transport or carry any servant whatsoever, or any negroe, mulatto, Indian, or other slave, out of this colony, without the consent or permission of the person or persons to whom such servant or slave doth to right belong, upon penalty of forfeiting and paying, in

Penalties on ship masters, transporting any person without licence.

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current money, fifty pounds for every servant, and one hundred pounds for every slave, transported or carried hence contrary to this act, one moiety to our sovereign lord the king, his heirs, and successors, for the better support of this government, and the contingent charges thereof, and the other moiety to the owner of such servant, or slave, to be recovered with costs, by action of debt, or information, in any court of record of this dominion: And moreover, such master shall be liable to the suit of the party grieved, at the common law, for his or her damages.
II. And that every such master, offending in any of the cases aforesaid, shall be liable to be sued at any time, for any debt due and owing from the person so transported, and for any forfeiture and damages accruing due from himself by virtue of this act: And whensoever any such action or suit shall be brought against him, the court wherein the same shall be depending, may rule the defendant to give special bail, if they see cause, and shall not allow him to plead in bar, or give in evidence, any act or statute of limitation, any former or other law, to the contrary, notwithstanding.	The master may be sued at any time, and held to special bail.
III. And be it further enacted, by the authority aforesaid, That every master of a ship, or vessel, shall, at the time of his clearing, and before he shall be cleared out hence, before the officers of the customs in the port where the vessel rides, take the following oath.	Shall be sworn.
I, A. B. master of the ship, (or vessel) C. do swear, That I will make diligent inquiry and search in my said ship, (or vessel) and will not knowingly, or willingly carry, or suffered to be carried in my said ship (or vessel) out of this dominion, without such pass as is directed by law, any person or persons whatsoever, that I shall know to be removing hence in order to defraud their creditors, nor any servant, or slave, that is not attending his or her master, or owner.	His oath.
And every mate and boatswain of a ship, or vessel, shall take an oath to the same effect: Which oaths the respective officers of the customs are hereby impowered and required to administer.	Mate and boatswain shall also be sworn.
Provided always, That the taking of the said oath shall not discharge such master from any of the penalties to which he is liable by this act.
IV. And be it further enacted by the authority aforesaid, That if any person, not being a servant, or

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slave, shall forge or counterfeit any pass, in order to procure a transportation out of this colony, he or she, so forging or counterfeiting, shall forfeit and pay ten pounds current money, one moiety to his majesty, his heirs and successors, towards the better support of this government, and the contingent charges thereof, the other moiety to the informer, recoverable by action of debt, or information, in any county court, with costs of suit; and moreover, every such offender shall stand in the pillory for the space of two hours, on a court day, at the court house of the county where he or she shall be convicted; and if any servant shall forge or counterfeit such pass, or make use of the same, knowing it to be such, in order to obtain a transportation, or to escape out of this colony, by land or water, he or she so offending, and being thereof convicted, shall stand in the pillory two hours, as aforesaid, and receive thirty lashes on his or her bare back, well laid on, at the whipping post.	Penalties on persons who forge or counterfeit a pass.
V. And be it further enacted, by the authority aforesaid, That it shall not be lawful for the secretary, or any deputy by him appointed, to grant a licence, or pass, for transporting or carrying any person whatsoever out of this colony, unless bond, with two sufficient sureties, be given to the secretary of this dominion, in the sum of two thousand pounds sterling, with condition, to answer and pay every debt and duty the said person, at going out of this colony, shall owe or stand obliged for, by any ways or means whatsoever; or, unless such person shall produce a certificate from a county court clerk, in the form following, "I A. B. clerk of county court, do hereby certify, That C. D. is, and for some time past hath been, an inhabitant of this county, and hath published his intention of going out of this colony, according to law, dated," &c. But it shall not be lawful for any county court clerk to issue such certificate till ten days after publication hath been made in his county, of the party's intention to go out of this colony, by a note thereof set up at the county court house, on a court day: And notwithstanding such certificate obtained, if a Caveat be entered in the secretary's office, to hinder a licence or pass being issued, and bond given, with one sufficient security, for five hundred pounds current money, payable to the	The manner of obtaining a pass. How Caveats may be entered and allowed.

slave, shall forge or counterfeit any pass, in order to procure a transportation out of this colony, he or she, so forging or counterfeiting, shall forfeit and pay ten pounds current money, one moiety to his majesty, his heirs and successors, towards the better support of this government, and the contingent charges thereof, the other moiety to the informer, recoverable by action of debt, or information, in any county court, with costs of suit; and moreover, every such offender shall stand in the pillory for the space of two hours, on a court day, at the court house of the county where he or she shall be convicted; and if any servant shall forge or counterfeit such pass, or make use of the same, knowing it to be such, in order to obtain a transportation, or to escape out of this colony, by land or water, he or she so offending, and being thereof convicted, shall stand in the pillory two hours, as aforesaid, and receive thirty lashes on his or her bare back, well laid on, at the whipping post.

Penalties on persons who forge or counterfeit a pass.

V. And be it further enacted, by the authority aforesaid, That it shall not be lawful for the secretary, or any deputy by him appointed, to grant a licence, or pass, for transporting or carrying any person whatsoever out of this colony, unless bond, with two sufficient sureties, be given to the secretary of this dominion, in the sum of two thousand pounds sterling, with condition, to answer and pay every debt and duty the said person, at going out of this colony, shall owe or stand obliged for, by any ways or means whatsoever; or, unless such person shall produce a certificate from a county court clerk, in the form following, "I A. B. clerk of county court, do hereby certify, That C. D. is, and for some time past hath been, an inhabitant of this county, and hath published his intention of going out of this colony, according to law, dated," &c. But it shall not be lawful for any county court clerk to issue such certificate till ten days after publication hath been made in his county, of the party's intention to go out of this colony, by a note thereof set up at the county court house, on a court day: And notwithstanding such certificate obtained, if a Caveat be entered in the secretary's office, to hinder a licence or pass being issued, and bond given, with one sufficient security, for five hundred pounds current money, payable to the

The manner of obtaining a pass.

How Caveats may be entered and allowed.

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secretary of this dominion, by the party entering such Caveat, with condition, to answer and pay all damages which the party stopped shall recover, it shall not be lawful for the secretary, if such Caveat be entered with him, or any of his deputies with whom the same shall be entered, to grant a licence or pass, unless the party so stopped shall give counter bond, with one sufficient surety also, to the secretary of this dominion, for double the sum claimed by the person entering the Caveat, with condition, To answer and pay whatsoever the said person shall recover of his pretended claim: Provided always, That the said sureties, and all other sureties for persons going out of this colony, after the expiration of two years from the time of their becoming such sureties, shall be discharged from all claims and demands whatsoever, for which no suit shall be commenced or prosecuted within that time.	If no suit within two years the sureties discharged.
VI. And be it enacted, That the secretary, or his deputy, to whom any certificate for obtaining a pass shall be presented, shall in no case return the said certificate to the person bringing it, but shall file it in his office.	Certificates shall be filed in the secretary's office.
VII. And for the more easy obtaining a licence, or pass, It is hereby further enacted, That the secretary of this dominion, for the time being, shall appoint and keep within each district of this colony, at least one deputy, for granting licences or passes according to this act, to any person or persons within such district, legally requiring the same: And if, for the space of two months after publication of this act, he shall fail to appoint such deputies, or, having appointed them, shall not certify their names, to the several county court clerks, or shall fail, within two months after any vacancy, to appoint another deputy and certify the same as aforesaid, he shall forfeit and pay fifty pounds current money for every such failure, one moiety to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to him, her, or them that shall inform, or sue for the same, in any court of record within this dominion.	The secretary shall appoint deputies to grant passes. Penalty on failure.
VIII. And that if any person desirous to go out of this dominion, in order to obtain a licence or pass, shall offer to give bond with sufficient sureties, or	And on refusal to grant a pass.

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LAWS OF VIRGINIA, OCTOBER 1748−−22d GEORGE II.


produce a county court clerk's certificate, according to this act, and the secretary, or his deputy shall refuse, upon request, to grant a licence or pass, no Caveat being entered according to this act, the secretary, or his deputy, so refusing, shall forfeit and pay five hundred pounds current money, one moiety to his majesty, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to the party grieved, prosecuting within twelve months next after such refusal, to be recovered, with costs, by action of debt, in any court of record of this dominion.	Prosecution in twelve months.
IX. And to the end every master of a ship, or other vessel, lawfully transporting any person out of this colony, may be enabled to manifest the same, if questioned, after he has lost his licence or pass, Be it further enacted, by the authority aforesaid, That every county court clerk shall register, in his office, all certificates by him issued from time to time pursuant to this act: That the secretary's deputies shall, in October general court annually, return to the secretary's office, a list of all licences or passes by each of them respectively issued the preceding year: That the clerk of the said office shall register the same, as soon as they come to his hands, or within a reasonable time thereafter: That if the secretary himself shall grant any licence, or pass, he shall cause the same to be registered in his office within a year after granting it: And that if any of the persons aforesaid shall at any time fail in any particular of him or them respectively as aforesaid required, every such person shall forfeit and pay five hundred pounds current money, for every such failure, one moiety to the king, his heirs and successors, for the use aforesaid, the other moiety to the informer, recoverable in manner aforesaid.	Certificates and passes shall be registered. Penalty on failure.
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.

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