Pages 49-69 
|  Pages 91-112
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| Pages 49-69
| Pages 91-112
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| CHAP. XXIX. An Act for clearing Rivers and Creeks. | |
| I. WHEREAS many of the rivers and creeks of this colony are stopped and choaked up by stones, trees, stumps, and rubbish therein, and by hedges, weirs, or stone stops, in or cross the same, whereby the passage of boats, and other vessels, and of fish, is obstructed, to the great damage of the inhabitants of this colony, and hindrance of trade and commerce. | Preamble. |
| II. Be it therefore enacted by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That where any river or creek shall be in one county only, the court of such county shall be, and is hereby impowered and required, to contract and agree with any person or persons they shall think fit, to clear the same as far as it shall be passable for loaded boats, if such obstruction were removed, and to levy so much tobacco, in their county levy, as shall be sufficient to discharge such agreements: And where any river or creek in this colony shall divide two or | County courts shall contract with undertakers to clear rivers and creeks. |
| more counties, the court of every such county shall join in such agreement, and levy the charge thereof in proportion to the number of tithables in each county: Provided always, That nothing herein contained shall be construed to oblige any county court, or courts, to contract for removing rocks, or such obstructions in any river or creek as cannot be removed without the force of gun-powder: And also, that the courts of the counties adjoining to the rivers Maherin, Nottoway, Roanoke, and Rappahanock, above the falls thereof, shall not be obliged by this act to contract for the clearing the said rivers, or any of them. | Exceptions. |
| III. And be it further enacted by the authority aforesaid, That if any person shall set, or cause a weir to be set, in any river or creek, passable as aforesaid, and shall not cause the stakes thereof to be taken up again, as soon as the weir becomes useless, he or she shall forfeit and pay fifteen shillings current money, to the informer, recoverable before a justice of peace: And whosoever shall fell any tree or trees, or cause the same to be felled into any river or creek, or any run whereon there is or shall be erected any public bridge or bridges, within this colony, and shall not cut and carry away the same, within the space of forty-eight hours after such felling, shall forfeit and pay fifteen shillings, for every tree so felled, and not cut and carried away, to be recovered before a justice of peace of the county where such offence shall be committed, and shall be to the use of the informer. | Penalties on setting weirs, or felling trees into a river, or creek. |
| IV. And be it further enacted, by the authority aforesaid, That all hedges, or stone stops, already made cross any river, creek, or run, shall be taken up and destroyed by the person or persons who made or placed the same; and that for the future no hedge, or stone stop, that in any wise obstruct the course or passage of the said rivers, creeks, or runs, or any of them, shall be placed or set therein; and it shall be lawful for any person or persons whatsoever, at any time, to pull up and destroy all such hedges, or stone stops: And every person who shall not pull up and destroy any and every hedge, or stone stop, by him already set up or made, or who shall hereafter presume to set up or make any such, in any river, creek, or run, as aforesaid, shall forfeit and pay one thousand pounds of tobacco, for every such offence; and if after conviction, the person or persons so offending | Or hedges, or stone stops. |
| shall suffer such hedge, or stone stop to continue, and not pull up and destroy the same, he, she, or they, shall forfeit and pay two hundred pounds of tobacco, for every week the same shall be suffered to remain, both which forfeitures shall be recoverable, with costs, by action of debt, in any court of record of this dominion, wherein the same shall be cognizable, one moiety thereof to the informer, and the other moiety to the king, his heirs and successors, for the use of the county wherein such offence shall be committed, towards lessening such county levy. | |
| V. Provided always, That nothing herein contained shall be construed to extend to any mill built upon a river above navigable water, or to any mills already built, or that hereafter shall be built, pursuant to the laws relating to water mills: Provided also, That nothing herein contained shall be construed to restrain any person, having land on both sides of a creek to the head thereof, to set hedges or stops, or to use and occupy the same, as he or she might have done if this act had never been made, so that there is no public landing above the said hedges and stops. | Mills excepted. And owners of land on both sides a creek, to the head. |
| VI. 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. |
| 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. |
 CHAP. XXX. An Act for regulating Ordinaries, and restraint of Tipling Houses. | |
| 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 every person intending to set up or keep an | The method of obtaining licence to keep oadinary. |
| ordinary, or house of public entertainment, shall first petition the court of that county wherein such ordinary is intended to be, and obtain a licence for keeping the same: And the justices of the court, to whom such petition shall be exhibited, shall thereupon consider the convenience of the place proposed, and the ability of the petitioner to keep good and sufficient houses, lodging, and entertainment for travellers, their servants and horses; but the court shall not, under pretence of keeping any poor person from being chargeable to the parish, licence any such person to sell liquors, to the prejudice of the neighboring inhabitants: And if such petition shall appear reasonable, such court is hereby authorised, and may if they think fit, grant the petitioner a licence to keep ordinary, for the term of one year next ensuing the date of such licence, and from thence 'til the next court held for the same county, and no longer; which licence shall be signed by the first justice sworn in the commission of the peace for such county, and may, upon petition, be renewed from year to year, if the court shall think fit. | Material considerations. |
| II. Provided always, That before issuing such licence, the court shall cause the petitioner to enter into bond, with sufficient security, to the effect following, That is to say. | |
| Know all men by these presents, That we A. B. and C. D.
are held and firmly bound unto our sovereign lord king George the second, by the grace of God, of
Great Britain, France, and Ireland, king, defender of the faith, &c. in the sum of fifty pounds
current money, to which payment to be made to our said sovereign lord the king, his heirs and
successors, We bind ourselves, and every of us, our, and every of our heirs, executors, and
administrators, jointly and severally, by these presents. Witness our hands and seals this
day of The condition of this obligation is, That whereas the above bound A. B. hath obtained a licence to keep an ordinary, at in the county of if therefore the said A. B. doth constantly find and provide, in his said ordinary, good, wholesome, and cleanly lodging and diet for travellers, and stableage, fodder, and provender, or pasturage, and provender, as the season shall require, for their horses, for an during the term of one year from the day of the date |
Ordinary keeper's bond. |
| of these presents, and from thence until the next court held for the said county of and shall not suffer or permit any unlawful gaming, in his house, nor on the sabbath day suffer any person to tipple and drink any more than is necessary, then this obligation to be void, otherwise to remain in full force. | |
| And for every such licence the petitioner shall pay thirty five shillings current money, for the use of the governor, or commander in chief of this colony, for the time being, before obtaining the same. | Licence fee. |
| III. And be it further enacted, by the authority aforesaid, That the justices of every county court of this dominion shall annually, in March court, or if no court be then held, at their next succeeding court, set the rates and prices to be paid at ordinaries, for liquors, diet, lodging, provender, stableage, and fodder, and pasturage, upon penalty of forfeiting and paying twenty five pounds current money: And every ordinary keeper shall, within one month after the rates so set, obtain of the county court clerk, a fair table of such rates, which shall be openly set up in the public entertaining room of every ordinary, and there kept throughout the year, until the rates shall be again set by the court, and then a copy thereof shall be again so obtained, and kept from time to time, under penalty of ten pounds current money on every ordinary keeper failing so to do: And if any ordinary keeper shall demand and take greater prices for any drink, diet, lodging, fodder, provender, or pasturage, than by such rates shall be allowed, he or she so offending shall forfeit and pay ten shillings for every such offence, to the informer, recoverable with costs, before a justice of peace of the county wherein such ordinary shall be. | Rates of liquors to be annually set by the court. And set up in every ordinary. Penalty on failure. And on taking grater rates. |
| IV. And be it further enacted by the authority aforesaid, That if any person shall presume to keep a tipling house, or retail liquors, or sell by retail any wine, beer, cider, brandy, rum, or other spirits, or any mixture of such liquors, in any house, booth, arbour, stall, or any other place whatsoever, without licence first obtained as aforesaid, he or she so offending shall forfeit and pay ten pounds current money, or on failure of present payment, or security for payment within six months, the party so convicted shall, by order of the court before whom such conviction | And on retailers of liquors, without licence. Offender failing to pay the forfeiture, shall be whipped. |
| shall be, receive on his or her bare back, twenty-one lashes, well laid on, at the public whipping post. | |
| V. Provided always, That nothing in this act contained shall be construed to prohibit any merchant, or person keeping store for sale of merchandise, from retailing liquors, so as such liquors be not drank, or intended to be drank, at the house, store, or plantation where the same shall be so sold. | Merchants exempted. |
| VI. And be it further enacted, by the authority aforesaid, That if any ordinary keeper shall in his house permit unlawful gaming, or suffer any person or persons to tipple in his house, or drink any more than is necessary, on the Lord's day, or any other day, set apart by public authority for religious worship, or shall harbour or entertain any seaman, or servant, contrary to this act, it shall be lawful for any two justices of peace, one being of the quorum, of the county where such offender lives, upon their own view and knowledge, or upon information and oath of one or more credible witnesses, to suppress such ordinary until the next succeeding court, and upon certificate of such offence made by the said justices to such court, and further inquiry, the court may disable such offender from keeping ordinary thereafter, until they shall think fit to grant him a new licence, or may restore him to keep ordinary upon his former licence, as they shell see cause: And if any ordinary keeper shall presume to sell or retail any liquor, after he has been so suppressed by two justices, and before his is restored by the court, he or she shall be liable to all the penalties by this act laid upon persons retailing liquors without licence. | Two justices (one quorum) may suppress ordinaries where gaming or tipling, &c. is permitted. |
| VII. And that if any ordinary keeper shall sell drink to any sailor in actual pay on board any ship, upon credit, for any value whatsoever; or if he, or any other person, shall sell any liquors by retail, exceeding twenty shillings current money, or the value thereof, in any one year, to any person or persons, upon credit; or if any ordinary keeper shall take obligation, or other specialty, for any sum, or quantity of tobacco whatsoever, for liquors retailed or sold upon credit, he or she shall not recover any money, tobacco, or other commodity, for liquors so sold upon credit, but every such debt, obligation, or specialty, shall be void; and if any warrant, petition, writ, or bill be prosecuted or exhibited against any person for | In what cases, debts, or obligations for retailed liquors shall
be void. Process thereon to be dismissed, with double costs. |
| the same, such warrant, petition, writ, or bill, shall be dismissed, and the defendant shall have double costs. | |
| VIII. And that if any ordinary keeper shall sell any liquor whatsoever, upon credit, to any sailor in actual pay on board any ship, or other vessel, or shall harbour, entertain, or sell drink to any such sailor, without licence from the master of the ship, or vessel, to which the sailor belongs, such ordinary keeper shall for every such offence, forfeit and pay ten shillings to the master of the ship, or vessel, recoverable with costs, before any justice of peace of the county wherein such ordinary keeper lives. | Penalty on Ordinary Keepers entertaining or selling drink to sailors in pay on board. |
| IX. And that all penalties and forfeitures by this act given or laid, and not herein before appropriated, shall be, one moiety to the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to the informer, recoverable with costs, in any court of record of this dominion, having legal cognizance thereof. | How the penalties may be recovered and appropriated. |
| X. Provided nevertheless, That this act shall not extend to the ordinary keepers of the city of Williamsburg, giving credit to any person whatsoever, during the times of general assemblies, or courts of justice, any thing aforesaid to the contrary, notwithstanding. | Ordinaries in Williamsburg, excepted. |
| XI. And be it further enacted, by the authority aforesaid, That the court of Hustings, within the city of Williamsburg, shall from henceforth have the sole power of granting licences to ordinary keepers within the said city: And that the courts of the counties of York, and James city, shall not exercise any jurisdiction in that matter, as hath been formerly done. Provided always, That such licences be granted in the manner by this act directed: And the justices of the said court of Hustings shall have the same powers and authorities, both as to granting licences, and regulating and suppressing ordinaries, as the justices of any county court within this colony have, or may exercise. | And shall be under the jurisdiction of the court of Hustings. |
| XII. 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. |
| XIII. 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. XXXI. An Act for preventing excessive and deceitful Gaming. | |
| 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 promises, agreements, notes, bills, bonds, judgments, mortgages, or other securities, or conveyances whatsoever, made, given, granted, drawn, or entered into, or executed by any person or persons whatsoever, before or passing this act, where the whole, or any part of the consideration of such promise, agreement, conveyances, or securities, shall be for money, or other valuable thing whatsoever, won, laid, or betted, at cards, dice, tables, tennis, bowls, or any other game, or games whatsoever, or at any horse race, cock-fighting, or any other sport or pastime, or on any wager whatsoever, or for the reimbursing or repaying any money, knowingly lent or advanced for such uses, to any person or persons whatsoever, or lent or advanced at the time and place of such play, horse-racing, cock-fighting, or other sport or pastime, to any person or persons so gaming, betting, or wagering, or that shall at such time and place, so play, bett, or wager, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever, any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | All gaming debts void. |
| II. And that where such mortgages, securities, or other conveyances shall be of lands, tenements, or hereditaments, or shall be such as incumber or affect the same, such mortgages, securities, or other conveyances shall enure and be, to and for the sole use and | Real estate, incumbered by gaming, shall devolve to the next heir. |
| benefit of, and shall devolve upon, such person and persons as should or might be entitled to such lands, tenements, or hereditaments, in case the said grantor or grantors thereof, or the person or persons so incumbering the same, had been naturally dead, and as if such mortgages, securities, or other conveyances, had been made to the person or persons so to be entitled after the decease of the person or persons so incumbering the same: And all grants or conveyances made, or to be made, for the preventing of such lands, tenements, or hereditaments from coming to, or devolving upon such person or persons, hereby intended to enjoy the same as aforesaid, shall be deemed fraudulent and void, and of none effect, to all intents and purposes whatsoever. | |
| III. And be it further enacted, by the authority aforesaid, That if any person or persons whatsoever, at any time hereafter, within the space of twenty-four hours, by playing at any game, or games whatsoever, or by betting on the sides, or hands of such as do pay at any game or games, shall lose to any one or more person or persons, so playing or betting, the sum of forty shillings, or more, in the whole, and shall pay, or deliver the same, or any part thereof, the person or persons so losing and paying, or delivering the same, shall be at liberty, within three months then next following, to sue for, and recover the money or goods so lost, and paid or delivered, or any part thereof, from the respective winner and winners thereof, with costs of suit, by action of debt, founded on this act, to be prosecuted in any court of record within this colony, where the sum, or value thereof shall be cognizable; in which action it shall be sufficient for the plaintiff to alledge, that the defendant is indebted to the plaintiff, or received to the plaintiff's use, the money so lost and paid, or converted the goods won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him, according to the form of this act, without setting forth the special matter: And in case the party losing such money, or other thing as aforesaid, shall not within the time aforesaid, really and bona fide, without covin or collusion, sue and with effect, prosecute for the money, or other thing, so lost and paid, or delivered, it shall and may be lawful to and for any other person or persons, by any such action or suit as aforesaid, to sue | The loser of forty shillings or more, may recover all money
paid. If the loser does not sue in three months, any other person may. |
87 <==[Typo, should be page 78.]
| for, and recover the same, and treble the value thereof, with costs of suit, against the winner or winners as aforesaid, the one moiety thereof to the use of the person or persons suing for the same, and the other moiety to the use of the parish where such offence shall be committed: And every person who, by virtue of this present act, shall or may be liable to be sued for monies or other things so won as aforesaid, shall be obliged and compellable to answer, upon oath, such bill or bills as shall be preferred against him or them, for discovering the money or other things so won at play as aforesaid. | And shall recover the money paid, and treble the value. |
| IV. Provided always, That upon discovery and repayment of the money, or other thing, so to be discovered and repaid as aforesaid, the person and persons discovering and repaying the same, shall be acquitted, indemnified, and discharged from any further or other forfeiture, punishment, or penalty, which he or they may have incurred by the playing for, and winning such money or other thing so discovered and repaid. | But repayment discharges the penalty. |
| V. And to prevent gaming at ordinaries, and other public places, which must be often attended with quarrels, disputes, and controversies, the impoverishment of many people and their families, and the ruin of the health, and corruption of the manners of youth, who upon such occasions frequently fall in company with lewd, idle, and dissolute persons, who have no other way of maintaining themselves but by gaming, Be it further enacted, by the authority aforesaid, That if any person or persons shall at any time play in an ordinary, race field, or any other public place, at any game, or games whatsoever, except billiards, bowls, backgammon, chess, or draughts, or shall bett on the side or hands of such as do game, every such person, upon conviction thereof, before any justice of peace within this colony, by the oath of one or more credible witness or witnesses, which oath the said justice is hereby impowered to administer, or by the view of such justice, or the confession of the party accused, shall forfeit and pay five pounds current money, to be levied by distress and sale of the offender's goods, by warrant under the hand of the justice before whom such conviction shall be, and for the use of the poor of the parish wherein such offence shall be committed: And moreover, every person so convicted, shall be | Penalties on persons playing at public places. |
| committed to the county gaol, there to remain until he, she, or they, give sufficient security, for his, her, or their, good behaviour for twelve months, next after such conviction. | |
| VI. And be it further enacted, by the authority aforesaid, That if any ordinary keeper shall suffer or permit any person or persons whatsoever, to play at any unlawful game, or games whatsoever, in his house, shed, booth, arbour, or stall, either by night or day, every such ordinary keeper, being thereof convicted before any justice of peace, by the oath of one or more credible witness or witnesses, confession, or view of a justice as aforesaid, shall forfeit and pay five pounds current money, to be levied and applied in like manner as the other last mentioned fine of five pounds, is by this act directed to be levied and applied: And if any justice or justices of peace shall be present at any unlawful gaming, at any time or place, except in private houses, and shall neglect to issue his warrant for levying the fine, on every person so gaming, or betting, every such justice shall forfeit and pay five pounds, one half to the informer, and the other half to the churchwardens, to the use of the poor of the parish, recoverable with costs, by action of debt, or information, in any county court. | On ordinary keeper, who permits gaming. On justices neglecting to put this act in execution. |
| VII. Provided always, That any person aggrieved by the judgment of any justice of peace, upon any conviction for any of the offences in this act, cognizable before him, may appeal to the next court to be held for the county where such person shall be convicted, but shall give reasonable notice of such appeal, to the party prosecuting him or her, and shall also enter into recognizance, with two sufficient sureties, before some justice of the county wherein the judgment was given, on condition, to try such appeal at the next court held for the same county after entering such appeal; which shall be by the said court then heard and finally determined: Provided also, That no such judgment shall be set aside for want of form, wherein it shall appear to the court, that the facts were sufficiently proved at the trial; nor shall any such judgment be removed, or removable, by appeal, or any writ or process whatsoever, into the general court. | Liberty of appeal to the county court. |
| VIII. And be it further enacted, by the authority aforesaid, That if any person or persons whatsoever, do or shall, at any time or times, by fraud, shift, | Punishment of cheats. |
| cozenage, circumvention, deceit, unlawful device, or evil practice whatsoever, in playing at or with cards, dice, or any other game or games, or in, or by bearing a share, or part in the stakes, wagers, or adventures, or in, or by betting on the sides, or hands of such as do, or shall play, win, obtain, or acquire to him, or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever, every person so winning by such ill practice, or being thereof convicted, upon indictment, or information, shall forfeit five times the value of the money, or other thing so won, and shall be deemed infamous, and suffer such corporal punishment as in cases of wilful perjury: And such penalty shall be recoverable, with costs, by any person or persons suing for the same, by action of debt, in any court of record of this dominion, having cognizance thereof. | |
| IX. And whereas divers lewd and dissolute persons live at great expences, having no visible estate, profession, or calling, to support them, but by gaming only, Be it therefore further enacted, by the authority aforesaid, That it shall be lawful for any two justices of peace, in any county or corporation, to cause to come, or be brought before them, every person, within their respective limits, whom they shall have just cause to suspect to have no visible estate, profession, or calling, to maintain himself by, but for the most part supporting himself by gaming; and if such person shall not make it appear to such justices, that the principal part of his expences is not maintained by gaming, they shall require of him sufficient securities for his good behaviour for the space of twelve months, and on refusal thereof, shall commit him to the common gaol, there to remain until he shall find such securities: And if such person shall give such securities, and afterwards within that time, shall play, or bett, for any money, or other valuable thing whatsoever, such playing, or betting, shall be a breach of the behaviour, and a forfeiture of the recognizance given for the same. | Gamesters may be bound to good behaviour, or committed. |
| X. And to prevent quarrels happening by gaming, It is hereby further enacted, That if any person shall assault, and beat, or shall challenge, or provoke to fight, any other person or person whatsoever, upon account of any money, or other thing won by gaming, or betting, the person and persons so assaulting, | Penalty on gaming quarrels. |
| beating, challenging, or provoking to fight, being thereof convicted, shall forfeit to the party grieved, ten pounds current money, to be recovered, with costs, by action of debt, in any county court; and moreover, shall be liable to the action of the party grieved, at the common law. | |
| XI. 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. |
| 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. |
| CHAP. XXXII. An Act concerning Marriages. | |
| 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 minister shall celebrate the rights of matrimony between any persons, or join them together as man and wife, without lawful licence, or thrice publication of banns according to the rubric in the book of common prayer; and if the persons to be married dwell in several parishes, the banns shall be published in each parish, and the minister of the one parish shall not solemnize the matrimony, until he have a certificate from the minister of the other parish, that the banns have been thrice published, and no objection made against the parties joining together: And if any minister shall celebrate the rites of matrimony, or joining persons in marriage, without such licence, or publication of banns, as by this act required, he shall for every such offence be imprisoned one whole year, without bail or mainprise, and shall also forfeit and pay five hundred pounds current money; and if | No person shall be married without licence, or publication of
banns. Penalty on ministers marrying otherways. |
| any minister shall go out of this government, and there join in marriage, any person or persons belonging to this colony, without such licence, or publication of banns, he shall be liable to the same penalties and forfeitures, as if such marriage had been by him celebrated within this dominion: Provided always, That where any parish or parishes have not a minister, the clerk or reader may publish banns, and if no objection be made, grant certificate thereof, which, together with a certificate, under the hand and seal of a justice of peace for the said county, living in the parish where such publication shall be, certifying, That the feme so to be joined hath been an inhabitant of the said parish, one month next before the date of such certificate, shall be sufficient for any minister to solemnize the rites of matrimony: And if any minister, clerk, or reader, shall grant or issue a false certificate, he shall suffer the imprisonment without bail, and pay the forfeiture aforesaid, and shall also be liable to be prosecuted and punished as in case of forgery: And that all or any of the offences aforesaid may be prosecuted, tried, and determined, in any court of record of this dominion; which courts are hereby declared to have cognizance thereof, and may hear and determine the same, and award execution thereupon, according to the courts of the common law. | On granting a false certificate of the banns being published.
|
| II. And be it further enacted by the authority aforesaid, That every licence for marriage shall be issued by the clerk of the court of that county wherein the feme usually resides, in manner following, that is to say, He shall take bond with good surety for the sum of fifty pounds current money, to our sovereign lord the king, his heirs and successors, with condition, that there is no lawful cause to obstruct the marriage, for which the licence shall be desired; and every clerk failing herein, shall forfeit and pay fifty pounds current money: And if either of the parties intending to marry, shall be under the age of one and twenty years, and not theretofore married, the consent of the father, or guardian, of every such infant, shall be personally given before the said clerk, or certified under the hand and seal of such father, or guardian, attested by two witnesses, and thereupon the clerk shall issue licence, and certify that bond is given; and if the parties, or either of them, be under the age aforesaid, he shall also certify the consent of the father, or | The manner of issuing marriage licences. Where an infant marries. |
| guardian, and the manner thereof, to the first justice sworn in commission of the peace, or in his absence to the next justice sworn in that county, who is hereby authorised and required to sign and direct the same: And every licence so obtained and signed, and no other whatsoever, is hereby declared to be a lawful licence: And if any county court clerk shall, in any other manner, issue or certify any marriage licence, or if any person whatsoever, shall presume to sign or direct such licence in other manner, or without such certificate as by this act is required and directed, every person so offending shall be imprisoned one whole year, without bail or mainprize, and shall forfeit and pay five hundred pounds current money; all which penalties shall be cognizable as aforesaid. | Penalties on issuing or signing licence, contrary to this act. |
| III. And be it further enacted, by the authority aforesaid, That if any feme sole, of the age of twelve and under sixteen years, shall marry any person whatsoever, contrary to the will or consent of her father or guardian, and without legal publication of the banns, then the next of kin to such feme to whom the inheritance should descend, or come, shall have right to enter upon, and take possession of all lands, tenements, hereditaments, and other real estate whatsoever, which such feme, at the time of her marriage, had in possession, reversion, or remainder, and shall have, hold, occupy, and enjoy the same, to him or her, and the representatives of his or her stock, with all the immunities and privileges thereto belonging, during the time of such coverture: but after determination thereof, all such estate, and the possession, reversions, and remainders, rights, immunities, and privileges, shall immediately revest, be, and remain in the said feme, and her heirs, other than her husband, and she, or they, and every of them, may re-enter, and take possession thereof, as if this act had never been made. | In what case a feme under twelve, and above sixteen years, forfeits her inheritance. |
| IV. And be it further enacted by the authority aforesaid, That if any minister, clerk, or reader, shall wittingly publish the banns of marriage between any servants, by act of parliament, act of assembly, indenture, or custom, or between any free person and such servant; or, if any minister shall knowingly marry any such, without certificate from the master, or owner, of every such servant, that it is with his or her | Penalties on publishing banns, or marrying any servant. |
| consent, every minister, clerk, or reader, so offending, shall forfeit and pay ten thousand pounds of tobacco, for every such offence, recoverable in any court of record of this colony: and every such servant, so married without consent of his or her master or owner, shall serve him or her, and his or her assigns, one whole year, after all other time of service is expired, or pay him or her five pounds current money, and every free person, so marrying such servant, shall pay the master or owner five pounds current money, for his or her own use, recoverable in any county court, with costs, or shall well and faithfully serve such master or owner one whole year, in actual service. | On servants married, and free persons marrying such. |
| V. And be it further enacted, by the authority aforesaid, That every county court clerk shall, in October annually, deliver to the governor, or commander in chief of this dominion for the time being, a true list of all marriage licences by him issued: And that the fees due and demandable upon marriages, be as follows, to wit, To the governor, or commander in chief for the time being, for every marriage licence, twenty shillings, to be paid to the county court clerk before licence issued, and by him to be accounted for at the time aforesaid; to the minister, if by licence, twenty shillings, by banns five shillings; for publishing banns, and certificate thereof where required, one shilling and six pence, and no more; and every minister shall have the benefit of the fees arising within his parish for marriages, and also for funeral sermons, if he shall not neglect or refuse to serve, although another minister be employed to do the same; which fee, for every funeral sermon, where preached upon request, shall be forty shillings, and no more: And if any minister shall refuse to celebrate the rites of matrimony for the fees herein before allowed him, or shall exact other, or greater fees, or if he, or any parish reader, or clerk, shall refuse to publish the banns, or to certify the same when required, for the fee aforesaid, or exact any other or greater fee, every person so offending shall forfeit and pay two thousand pounds of tobacco, to the party grieved, for every such offence, recoverable in any county court of this dominion: And that one moiety of all forfeitures arising by this act, and not otherwise appropriated, shall be to our sovereign lord the king, his heirs and successors, for and towards | Fees for marriages. For a funeral sermon. Penalty for exacting greater fees. How the forfeitures shall be recovered and applied. |
| the better support of this government, and the contingent charges thereof, the other moiety to the party or parties who shall inform or sue for the same; and all the forfeitures aforesaid shall be recoverable with costs, by action of debt, or information, in any court of record by this act declared to have cognizance thereof. | Repealing clause. | |
| VI. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of queen Anne, intituled, An act concerning marriages, 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. | Commencement. | |
| VII. 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. | ||
| CHAP. XXXIII. | ||
| ||
| I. WHEREAS bills of exchange are accounted, in the course of all payments in this colony, as ready money, and it is reasonable, for advancing the credit and circulation of such bills, to make the same a sufficient security, and to expedite the recovery of money thereupon. | Preamble. | |
| II. Be it therefore enacted by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That where any bill of exchange is or shall be drawn for the payment of any sum of money, in which the value is or shall be expressed to be received, and such bill is or shall be protested for non-acceptance, or non payment, the same shall carry interest from | Ten per ct. per annum. Damage upon protested bills. |
| the date thereof, after the rate of ten per cent. per annum, until the money therein drawn for shall be fully satisfied and paid: but lest any person, having such bill, should for the sake of the said interest delay negociating the same, or, if after it shall be protested, shall not demand payment of the drawer, or indorser thereof, It is hereby declared, That no person whatsoever shall pay more than eighteen months interest, from the date of any bill, to the time it shall be presented protested to the drawer or indorser, or indorsers thereof. | |
| III. And be it further enacted by the authority aforesaid, That it shall be lawful for any person or persons, having a right to demand any sum of money upon a protested bill of exchange, to commence and prosecute an action of debt, for principal, interest, and charges of protest, against the drawers and indorsers jointly, or either of them separately, and judgment shall and may be given for such principal and charges, and interest after the rate of ten per centum per annum, as aforesaid, to the time of such judgment, and for interest upon the money recovered, after the rate of five per centum per annum, until the same shall be fully satisfied. | How judgment shall be recovered, and entred. |
| IV. And that all bills of exchange, which are, or shall be protested, shall, after the death of the drawer or indorser thereof, be accounted of equal dignity with a judgment: And the executors, or administrators, of every such drawer or indorser, shall be compellable to suffer judgment to pass against them, for all debts due upon protested bills of exchange, before any bond, bill, or other debt, of equal or inferior dignity, under the penalty of being liable to pay the same out of their own proper goods. | Protested bills equal to judgments and shall be paid by executors, &c. before other debts. |
| V. And to the end the recovery of money upon promissory notes, and other writings without seal, may be rendered more easy, Be it further enacted, by the authority aforesaid, That if any person or persons have signed, or shall sign, any note or other writing, whereby he, she, or they promise, or oblige, him, her, or themselves, to pay any sum of money, or quantity of tobacco, to any other person or persons, such person or persons, to whom the same is or shall be payable, may commence and maintain an action of debt, and recover judgment for what shall appear due thereupon, with costs. | Actions of debt maintainable upon notes of hand. |
| VI. And be it further enacted by the authority aforesaid, That when any suit shall be commenced and prosecuted in any court within this colony, for any debt due by judgment, bond, bill, or otherwise, the defendant shall have liberty, upon trial thereof, to make all the discount he can againt such debt, and upon proof thereof the same shall be allowed in court. | Defendant may prove his discounts. |
| VII. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for any person, or persons, to assign and transfer any bond, or bill, for debt, or any such note as aforesaid, to any other person or persons whatsoever: And that the assignee or assignees, his and their executors and administrators, by virtue of such assignment shall, and may have lawful power to commence and prosecute any suit at law, in his, her, or their own name, or names, for the recovery of any debt due by such bond, bill, or note, as the first obligee, his executors and administrators, might or could lawfully do: Provided always, That in any suit upon such bond, bill, or note, so assigned, the plaintiff shall allow all discounts that the defendant can prove, either against the plaintiff himself, or against the first obligee, before notice of such assignment was given to the defendant. | Assignee of Bonds, &c. may sue and recover. But shall allow discounts against himself, or the first obligee before notice of assignment. |
| VIII. And be it further enacted, by the authority aforesaid, That one act made in the third and fourth years of the reign of his present majesty, intituled, An act for ascertaining the damage upon protested bills of exchange; and for the better recovery of debts due on promissory notes; and for the assignment of bonds, obligations, and notes: And 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, 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. XXXIV. An Act for the support of the Clergy; and for the regular collecting and paying the parish levies. | |
| 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 every minister now preferred, or hereafter to be preferred to, or received into any parish within this dominion, shall have and receive an annual salary of sixteen thousand pounds of tobacco, and cask, with an allowance of four per cent. for shrinkage, to be levied, assessed, collected and paid, in manner herein after directed. | Salary of Ministers. |
| II. And be it further enacted by the authority aforesaid, That the vestry of every parish within this dominion shall, and they are hereby authorised and required, at some convenient time, before the first day of December, in each year, to meet and lay the parish levy; whereof public notice shall be given by the minister or reader, at each church in the parish: And every vestry is hereby authorised and required to levy and assess, upon the tithable persons in their respective parishes, as well the minister's salary aforesaid, as all other the parish charges, and also the legal allowances for cask, where the tobacco due to any parish creditor shall be contracted for to be paid with cask, together with the allowance of six per centum for collecting the parish levy. | The time and manner of laying the parish levy. |
| III. And be it further enacted by the authority aforesaid, That where any parish is or shall become vacant, by the death or removal of their minister, the vestry of such parish shall have power to levy the salary aforesaid, or any part thereof, for satisfying some neighbouring or other minister, or ministers, for serving in the cure of such parish during the vacancy. | Provision for vacant parishes. |
| IV. And for the better collecting and paying the parish levies, Be it further enacted by the authority aforesaid, That the vestry of every parish respectively shall be, and is hereby authorised and impowered, to nominate and appoint such person as they shall | How the levy shall be collected and paid. |
| think fit, to collect and receive their parish levy, the person so appointed giving bond, with sufficient securities, that the will duly collect, pay, and satisfy, unto the several parish creditors, all tobacco for them levied: And every such collector, for his trouble, shall have the allowance herein before appointed, and shall also have full power and authority, by virtue of this act, upon refusal of payment of the said levies, or any part thereof, by any person or persons chargeable therewith, to distrain the slaves, goods, and chattels, of the party refusing, and to make sale thereof, in the same manner as is by law directed for other distresses: And if the vestry of any parish shall neglect or refuse to levy the tobacco due to the minister, or other parish creditors, in such case, all and every the vestrymen of the parish neglecting, or refusing, shall be liable to the action of the party grieved, his, or her executors, or administrators, for all damages which he or she shall sustain by such refusal or neglect. | Collector shall give bond and security. His allowance and power to distrain. Vestry refusing to levy tobacco due to parish creditors, liable for damages. |
| V. And be it further enacted by the authority aforesaid, That in every parish of this dominion, where a good and convenient glebe is not already purchased and appropriated, a good and convenient tract of land, to contain two hundred acres at the least, shall be purchased by the vestry, and assigned, and set apart for a glebe, for the use of the minister of such parish, and his successors, in all times hereafter; and where mansion, and other convenient out-houses, are not already erected, for the habitation of the minister, It is hereby declared, and enacted, That the vestry of every such parish shall have power, and they are hereby authorised and required, to cause to be erected and built on such glebe, one convenient mansion house, kitchen, barn, stable, dairy, meat house, corn house, and garden, well pailed, or inclosed with mud walls, with such other conveniencies as they shall think fit, and to levy the charge of the glebe land, and buildings, on the tithable persons in their respective parishes. | Provision for glebe lands, and buildings. |
| VI. And to the end the buildings already erected, or hereafter to be erected, upon every glebe, may be kept in good repair, It is hereby further enacted, That every parish minister within this dominion shall, during the time of his being minister of the parish, keep and maintain the mansion house, and all other the out-houses and conveniencies, erected, or to be erected | The tenements shall be kept in repair. |
| on his glebe, in tenantable repair, and shall so leave the same at his removal from his parish, or death, accidents by fire, or tempest, only excepted: And in case any minister shall fail so to do, such minister, his executors and administrators, shall be liable to the action of the churchwardens of the parish, for the time being, wherein the value of such repairs shall be recovered in damages, with costs of suit, and the damages so recovered, shall be applied and laid out in making necessary repairs upon the glebe: And every vestry of a vacant parish is hereby impowered and required, to put all the buildings upon the glebe of their parish, into such good and sufficient repair, as that the same may be fit for the reception of the succeeding minister: Provided nevertheless, That any vestry, who shall judge that the minister has not wilfully committed any waste on his glebe, may make such necessary repairs, at the charge of their parish as they shall think fit: And every minister, received into any parish as aforesaid, shall be entitled to all the spiritual and temporal benefits of his parish, and may maintain an action of trespass, against any person or persons whatsoever, who shall disturb him in the possession and enjoyment thereof. | Minister failing to repair, liable for damages. Vestries of vacant parishes shall repair. Proviso. Ministers rights. |
| VII. And whereas it is doubted, how long the right of presentation of a minister to a perish, remains in the vestries in this colony: For settling that matter, Be it further enacted, by the authority aforesaid, That the sole right of presentation shall be, and remain, in the several vestries, for and during the term of twelve months next after a vacancy shall happen in their respective parishes. | Vestries right of presentation declared and limited. |
| VIII. And be it further enacted, by the authority aforesaid, That one act made in the first year of the reign of his present majesty, intituled, An act for the better support of the clergy of this dominion; and for the more regular collecting and paying the parish levies: And 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, 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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| Pages 91-112
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