Pages 172-193 
|  Pages 217-236
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| Pages 172-193
| Pages 217-236
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| CHAP. LII. | ||
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| I. WHEREAS the act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An Act for reducing the laws made for laying a duty upon liquors, into one act of Assembly, will expire on the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one; and it being necessary and expedient that the same shall [should] be further continued: | 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 the said recited act of Assembly shall continue and be in force, from the tenth day of June, | Former act continued for 4 years from the 10th June 1751. |
| which shall be in the year of our lord one thousand seven hundred and fifty one, for and during the term of four years, from thence next following, and no longer. | |
| III. And whereas an act for re-building the Capitol is passed this present session of Assembly, which will require a considerable sum of money to be raised for putting the same in execution, and the produce of the present duties upon liquors and slaves is found very deficient, and falls short of answering other public debts chargeable thereon; and it appearing to this General Assembly, that the laying an additional duty on liquors imported, will be the most easy expedient for raising a fund to defray the charges of the said re-building, and other public debts: | Preamble. |
| IV. Be it further enacted, by the authority aforesaid, That for every gallon of rum, brandy, and other stilled spirits, and every gallon of wine, which from and after the first day of January next, shall be imported and brought into this colony and dominion, either by land or water, from any port or place whatsoever, except directly from Great Britain, an additional duty of one penny, shall be paid by the owner or importer thereof, for and during the term of four years, from thence next following, and no longer: And that the said additional duty shall be collected, levied, and paid, in the same manner, within the same time or times, and under the same penalties, as the duties of two pence and one penny per gallon upon rum, brandy, or other distilled spirits, and wine, laid by the first recited act, are therein directed to be collected, levied, and paid; and shall also be drawn back upon exportation, and subject to the abatement and allowance of fifteen per cent, when paid in money imported; and shall be, by the respective collectors thereof, accounted for, and paid to the treasurer of Virginia for the time being, in the same manner, at the same time or times, and to the same use or uses, as the said duty of two pence is, by the said first recited act directed and required to be accounted for and paid. | Additional duty of 1d. a gallon laid on rum, &c. Wine imported except from Great Britain, for 4 years; to be collected and paid in the same manner as the former duty. |
| CHAP. LIII. An Act for appointing a treasurer, and other purposes therein mentioned. | |
| I. WHEREAS by one act of Assembly, made in the fifteenth year of his majesty's reign, John Robinson, the younger, esquire, was appointed treasurer of the revenue arising by two several acts of Assembly, for laying a duty upon liquors, the one made in the twelfth year of the reign of his late majesty king George the first, and the other made in the fifth and sixth years of the reign of his present majesty; and by one other act of Assembly, made in the fifth and sixth years of his present majesty's reign, for laying a duty upon slaves; and also by one other act of Assembly, made in the thirteenth year of his majesty's reign, intituled, An Act for laying an additional duty upon slaves, to be paid by the buyers; for encouraging persons to inlist in his majesty's service, and for preventing desertion; to hold the said office of treasurer so long as he should continue speaker of the house of Burgesses; and from the time of his being out of that office, until the end of the next session of Assembly: And whereas the said first mentioned act will expire at the end of this session of Assembly, and it being expedient that a treasurer should be appointed; | Recital. |
| II. BE it therefore enacted, by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, John Robinson, the younger, esquire, shall be, and he is hereby nominated, constituted, and appointed treasurer of the revenue arising from the duty upon liquors and slaves, laid and imposed by one act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An Act for reducing the laws made for laying a duty upon liquors, into one act of Assembly; and by the said act for laying a duty upon slaves: To hod the said office so long as he shall continue speaker of the house of Burgesses; and from the time of his being out of that office, until the end of the next session of Assembly. And the said John Robinson is hereby authorised, impowered, and | A treasurer appointed. Tenure and duty of his office. |
| required to demand, receive, and take, of and from the several collectors of the said duties, all and every the sum and sums of money arising by force and virtue of the said acts, or any or either of them, and shall apply and utter the same to and for such uses, and upon such warrants, as by the said acts for laying the said duties, or by any other act or acts of the General Assembly, is, or shall be appointed or directed; and shall be accountable for the said money to the General Assembly. | |
| III. And be it further enacted by the authority aforesaid, That the salary of five pounds in the hundred, and so proportionably, for a greater or lesser sum, shall be allowed and paid to the said treasurer hereby appointed, out of all and every the sum and sums of money by him received, and accounted for to the General Assembly as aforesaid; and that there shall be also allowed to the said treasurer, for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred pounds per annum, for his trouble and service therein. | His Salary. |
| IV. Provided always, That the said treasurer, before he enters upon his office, shall give such sufficient security, as shall be approved by the governor or commander in chief of this colony, in the sum of ten thousand pounds, for the due answering and paying all the money by him, from time to time, to be received, as aforesaid. | Security to be given. |
| V. And to the end a treasurer may not be wanting, in case of the death, resignation, or disability of the treasurer hereby appointed; Be it further enacted, That in either of these cases, it shall be lawful for the governor or commander in chief of this colony, with the advice of the council, for the time being, to appoint some other fit and able person to be treasurer of the duties, to hold the said office, with all powers, authorities, salaries, and profits aforesaid, until the end of the next session of Assembly: Which treasurer so appointed shall, before he enters upon his office, give the like security as is herein before directed. | In case of his death, &c. governor may appoint another, who shall also give security. |
| VI. And whereas the present low condition of the public treasury doth require some money to be raised, for discharging the expence of re-building the Capitol, in the city of Williamsburg; Be it further enacted, by the authority aforesaid, That the said treasurer, be, | Treasurer impowered to take up money on interest, for rebuilding |
| and he is hereby impowered and required, to borrow a sum of money, not exceeding three thousand pounds, or so much thereof as shall be sufficient for the purpose aforesaid, at an interest of five per cent. which money so to be borrowed, with the interest thereof, shall be allowed to the said treasurer in his accounts: And the revenue or duties in this act mentioned, shall, and are hereby declared to stand, be, and remain as a security, for the payment of the money so to be borrowed. And the said treasurer is hereby required to re-pay such money, with interest, out of the public monies, that shall come to his hands, either by receipt of the duties aforesaid, or otherwise. | the Capitol, and the duties shall stand as security for the payment. |
| CHAP. LIV. An Act for re-building the Capitol in the City of Williamsburg. | |
| I. WHEREAS his majesty's royal Capitol, in the City of Williamsburg, had been unhappily burnt down; and it is necessary that the same be re-built with all possible expedition, for the convenient sitting and holding of the General Assemblies and general courts of this colony: | Preamble. |
| III. 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 John Blair, and William Nelson, esquires, Philip Ludwell, Carter Burwell, Edward Digges, Peyton Randolph, Beverley Whiting, and Benjamin Waller, gentlemen, or any five of them, be, and they are hereby impowered, to covenant, agree with, hire and employ such and so many undertakers, workmen, and labourers, and to provide, furnish, and buy such materials as they or any five of them, shall think convenient and proper, to be employed and made use of in and about such re-building, repairing, and altering the said Capitol, on the old foundations, and to give such necessary orders and directions therein, from time to time, as they shall see cause, until it shall be finished. | Persons appointed to agree with workmen for re-building the Capitol. |
| III. And be it further enacted, by the authority aforesaid, That the said directors, as often as they shall have occasion for money for the uses aforesaid, shall, from time to time, apply themselves to the governor or commander in chief for the time being; to issue out his warrant to the treasurer of this colony, to pay so much money as shall be wanting, for the purposes aforesaid, not exceeding the sum of three thousand pounds; who is hereby required to pay the same accordingly: Which said sum or sums the said directors shall account for to the next meeting of the Assembly, after the work aforesaid shall be finished. | Directors to apply to the governor for his warrant to the treasurer for money not exceeding 3000l. to carry on the work, and to account to the General Assembly. | |
| IV. Provided nevertheless, That nothing herein contained shall be construed, deemed, or taken, to establish or fix the seat of government in the city sf Williamsburg; but that the said Capitol, when it shall be re-built, repaired or altered, shall only be and remain as a building for holding General Assemblies and general courts, until such time as it shall be thought, by any future Assembly, convenient and necessary, and for the general benefit of this colony, to cause a building, for the purposes aforesaid, to be erected on some other place, more convenient to the inhabitants of this colony, and commodious for trade and navigation: Any thing in this act to the contrary, or seeming to the contrary, in any-wise, notwithstanding. | Proviso, that this act shall not fix the seat of government, in Williamsburg. | |
 CHAP. LV. | ||
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| I. WHEREAS in the late dispute and controversy, touching the limits and boundaries of the several letters patent granted by their late majesties king Charles the second, and king James the second, unto the ancestors of the right honourable Thomas lord Fairfax, it hath been adjudged and determined by his present majesty, in council, that the said letters patent do include all that territory of land between the | Preamble. |
| rivers of Patowmack and Rappahanock, and the line now marked from the head spring of the said river Patowmack, to the head spring of Rappahanock, commonly called the Conway; in which said tract or territory of land, as is before described, many adventurers and planters have taken up great quantities of land, and obtained grants and patents thereof from the crown, under the seal of this colony: And whereas the said Thomas lord Fairfax hath consented, before the king, in council, that the several grants and patents, made by the crown of the lands included in the boundary aforesid, should be confirmed to the several grantees, their heirs and assigns; to be held nevertheless of the said lord Fairfax, under the like rents, services, profits, and emoluments, as should be paid, done, and arise, by and from the said grants made by the crown. | |
| 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 all grants and patents whatsoever, under the seal of this colony, for lands situate and lying within the limits and boundaries of the letters patent granted to the ancestors of the said lord Fairfax, as the same are now settled and determined, heretofore made and granted by the crown, shall be held, deemed, and taken to be valid and effectual; and the adventurers and planters to whom the same were granted, their heirs and assigns, shall, for ever hereafter, peaceably and quietly, have, hold, and enjoy the said granted premisses, respectively, according to such granted estates, under the rents and services in the said grants reserved; to be paid and performed to the said Thomas lord Fairfax, his heirs and assigns, for ever: Any mis-recital or defect in the said grants notwithstanding. | Grants from the crown of lands in the Northern Neck confirmed, but the rents and services shall be to the lord Fairfax, and his heirs. |
| CHAP. LVI. An Act for destroying Crows and Squirrels. * |
Expired. | |
| CHAP. LVII. | ||
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| I. WHEREAS an act of Assembly made in the nineteenth year of the reign of his present majesty, intituled, An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, will expire on the twelfth day of April next; and it is expedient that the same should be further continued: | 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 the said recited act shall continue and be in force, from and after the said twelfth day of April next, for and during the term of four years, from thence next following, and no longer. | Former act to continue four years, from the 12th of April next. | |
| * Of the acts of this session the
editor has to regret that, for the present, he will be compelled to publish a few, by their
titles only, −− it having been impossible to procure the acts at large, in this
county. He has reason to believe, however, that every deficient act may be obtained in England.
Already has one been procured, through his agency; −− and every effort will be made
to obtain the others. −− Should he succeed, as he has every reason to believe that he
shall, all the acts, the titles of which only have been given, will be published in an appendix
to the last volume. From this date to the present time, (1819) the editor has the satisfaction to state, that he has every act of Assembly, and ordinance of Convention, during the revolution. |
| CHAP. LVIII. An Act for raising a public levy; and other purposes therein mentioned. |
Had its effect. | |
| CHAP. LIX. | ||
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| I. WHEREAS by reason of the large extent of the counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, the attendance of the inhabitants at monthly courts is grievous and burthensome, and it is impossible for the officers to execute writs, and other process returnable thereto; whereby great delays are occasioned in determining suits commenced and prosecuted in the said courts: 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 from and after the twentieth day of June next, there shall be held only four courts, in every year, in each of the said counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, on the days herein after mentioned, that is to say; for the said counties of Brunswick and Fairfax, on the last tuesdays in March, June, September, and December; for the said county of Lunenburg, on the first tuesday in January, April, July and October; for the said county of Frederick, on the second tuesday in February, May, August, and November; and for the said county of Augusta, on the fourth tuesday in February, May, August, and November: And that all persons | Courts to be held quarterly. |
| may be the better ascertained when to attend any process, or pleas, they shall have depending in the said courts: | |
| III. Be it further enacted, by the authority aforesaid, That the said courts of the several counties aforesaid shall begin upon the respective days herein before appointed, and shall continue to be held from day to day, exclusive of Sundays, until all causes and controversies then depending before the said courts, respectively brought, by attachment, or petition, or in which any issue is to be tried, writ of inquiry to be executed, special verdict, case agreed, or demurrer to be argued, or any cause set down for hearing, or argument in chancery, shall be heard and determined; and shall not admit of any delay,'til another court, in the determination of any such suit, unles good cause be made appear for such delay, except in cases where by this act it is otherwise directed. And that, before every of the said courts, the clerk shall enter, in a particular docket, all such causes as aforesaid, and those only; placing those wherein the attendance of witnesses is required, first in order thereon. | How long they shall sit. |
| IV. Provided nevertheless, That if through sickness, or other inability, badness of weather, or other accident, it shall so happen, that a sufficient number of justices shall not meet for holding the said courts, upon the days herein before appointed, in such case it shall and may be lawful, for any one justice, to adjourn the court, whereof he shall be a judge, from day to day, not exceeding three days, until a sufficient number of justices can attend to hold court. | Proviso in case of sickness, &c. |
| V. And be it further enacted, by the authority aforesaid, That when goods, or other estate, of any person or persons, shall be attached, by virtue of an attachment granted by a justice out of court, it shall and may be lawful, for such person or persons, to replevy the same, by giving bond, with good security, to the sheriff, or other officer, serving the said attachment (which bond the said sheriff, or other officer, is hereby impowered and required to take) to appear at the court, to which such attachment shall be returnable, and to abide by, perform, and satisfy the order and judgment of such court: And where the estate so attached is perishable, if the person or persons to whom it belongs shall not, within thirty days after serving such attachment, replevy the same, then such estate shall be sold, by the sheriff or other officer serving | Rules concerning attachments. |
| such attachment, in the same manner as goods taken in execution by Fieri Facias; and the money arising upon such sale, shall be liable to satisfy the judgment obtained upon such attachment, or other order of such court. | |
| VI. And be it further enacted, by the authority aforesaid, That upon the replevying any effects attached in manner aforesaid, the sheriff shall return the names of the securities by him so taken, upon such attachment; and if such security shall be adjudged insufficient by the court, or the defendant shall fail to appear, and give special bail, when thereunto ruled by the conrt, such sheriff or security shall be subject to the same judgment and recovery, and have the same liberty of defence, relief, and remedy, as in like cases by law is provided, in suits depending in the general court, upon security taken by any sheriff, upon the execution of mesne process. | |
| VII. And be it further enacted, by the authority aforesaid, That upon executing any process, whereupon bail shall be requirable, the sheriff shall return therewith the names of the bail by him taken, and if he shall not return bail, or the bail by him returned shall be adjudged insufficient by the court, or the defendant shall fail to appear, or to give special bail, when thereunto ruled by the court, such sheriff, or bail, shall be subject to the same judgment and recovery, and shall have the same liberty of defence, relief, and remedy, as in like cases is by law provided, in suits depending in the general court. | Rules concerning bail. |
| VIII. Provided always, That every interlocutory or final judgment, against any defendant and the bail, returned by the sheriff, entered or obtained before any court next ensuing the return of the writ, upon which such defendant was arrested, shall be set aside if the defendant, at the next court, ensuing the return, as aforesaid, shall be allowed to appear without bail, or shall put in good bail, and plead to issue immediately. | |
| IX. And be it further enacted, by the authority aforesaid, That it shall and may be lawful, for any judge, or justice of the said courts; and every such judge, or justice is hereby authorized and impowered, when the said courts are not sitting, to take a recognizance of bail, in any action depending in the court, whereof any such judge or justice shall be a member, de bene |
| esse, which recognizance shall be in the following words, to wit: Memorandum, That upon the day of in the year of our Lord E. F. of the county of personally appeared before me, G. H. gent. one of his majesty's justices of the peace in the said county of and undertook for C. D. at the suit of A. B. in an action of now depending in the court of the said county, that in case the said C. D. shall be cast in the said suit, he the said C. D. will pay the condemnation of the court, or render his body to prison in execution for the same, or that he the said E. F. will do it for him. Which recognizance shall be, by the justice taking the same, returned to the clerk, before the next succeeding court. And if the plaintiff or his attorney shall except to the sufficiency of the bail so taken, notice of such exception shall be given to the defendant or his attorney, at least five days before the next succeeding court; and if the bail so taken shall be judged insufficient by the court, the recognizance thereof shall be discharged, and such proceedings shall or may be had against the defendant, or defendants, as if no such bail had been taken; but if such bail shall be judged sufficient, or shall not be excepted to within the time aforesaid, then the same shall stand and be chargeable, to all intents and purposes, as if the recognizance had been taken in court. | |
| X. And be it further enacted, by the authority aforesaid, That where any defendant shall be in custody, the plaintiff may file his declaration, and give a rule to plead, and shall deliver a copy of such declaration, and rule to the defendant, or his attorney, five days at least before the next succeeding rule day; and if thereupon, and oath made of the delivery of such copy, before any one of the judges of the court of the county where such person shall be in custody, such defendant shall fail to enter his plea upon such rule day, the plaintiff may have judgment, in the same manner as herein after directed, upon failing to plead in any civil action. | How the plaintiff shall proceed against the defendant in custody. |
| XI. And for the better ascertaining what process may be sued out, where the sheriff returns, that the defendant is not to be found in his bailiwick, It is hereby enacted, That where any sheriff shall make such return, the plaintiff or plaintiffs, in any civil action, | What process shall issue where a defendant is not to be found. |
| shall and may sue out an attachment against the estate of such defendant returnable, as herein before is directed, for the return of original or other subsequent process thereupon, to force an appearance, or an alias or pluries capias, at the election of the plaintiff or plaintiffs; and if the sheriff shall return any goods by him attached, the plaintiff shall file his declaration, and be entitled to a judgment for his whole debt; and the goods so attached ahall remain in custody of the sheriff 'til such judgment obtained, and then be sold and disposed of, in the same manner as goods taken in execution upon a writ of Fieri Facias: And if the judgment shall not be satisfied by the goods attached, the plaintiff may have an execution for the residue. | |
| XII. Provided always, That all goods so attached shall and may be replevied, by the defendant's giving bond and security to the sheriff, or other officer attaching the same, in the same manner as by this act is directed, for replevying goods attached upon an original attachment, or by the defendant's appearance and putting in good bail, if ruled by the court to give special bail. And for the more speedy determination of all causes depending in the said courts: | Proviso. |
| XIII. Be it further enacted by the authority aforesaid, That these following rules and methods shall be observed, to wit, That the plaintiff, or demandant, in any suit, shall file his declaration the day after the court, to which the writ is returnable, which said day is hereby declared to be the day of appearance, to all writs, subpœnas in chancery, and other mesne process, returnable to the said court, and the first rule day after such court; and the said rules shall be continued thereafter, to be held monthly, on the same day of the week on which such appearance day shall be: That if the plaintiff or demandant fails to file his declaration, or to appear and prosecute his suit, he shall be non-suited: That upon every non-suit five shillings shall be paid, besides cost to the suit: That every defendant or tenant shall file his plea in writing; and if he fail so to do, judgment shall be given against him for want of a plea: when the defendant has entered his appearance, and the plaintiff filed his declaration, the plaintiff may give a rule to plead, with the clerk of the court: that all rules to plead, reply, rejoin, or for further or other proceedings shall be given regularly, from month to month, after the rule for pleading | Rules in causes at common law. |
| is expired, with the clerk in his office upon the days herein before directed; and no rule shall be given between month and month, to the end that all persons by inspecting the rule book to be kept by the clerk for that purpose, may know what proceedings have been, or are to be, in the several causes there depending: that upon the expiration of any rule, judgment by default or a non-suit shall be signed by the clerk in his office, as of the preceeding court, which judgment shall be final in actions of debt, where the debt is certain; and in other actions a writ of enquiry shall be executed the next court after judgment so signed, the plaintiff or his attorney, giving the defendant, or his attorney, twenty days notice of the execution thereof: that no issue shall be tried the next succeeding court after it is joined, unless twenty days notice be given thereof, by the plaintiff or his attorney, to the defendant or his attorney: If an issue be not tried, or a writ of inquiry not executed, the next court after it is joined, or judgment by default, or interlocutory judgment entered, no notice of trial or executing such writ need to be given; but such causes shall be called and determined, in the same order as they stand on the docket: that when any final judgment shall be obtained out of court, the clerk shall allow a lawyer's fee in the bill of costs, if the plaintiff employed one; which fee is hereby declared, in all cases, to be the same as in causes where judgment is obtained in court: that where a special verdict shall be found, or case agreed, time shall be allowed, upon the motion of either party, to the next succeeding court to argue it: And if any causes shall at the end of the court remain uncalled, they shall be continued of course, by the clerk on the docket, to the next succeeding court, without fee or reward: And no plea in abatement, or of non est factum, shall be received in any cause depending in either of the said courts, unless the party offering the same shall, by affidavit, prove the truth thereof: that where a plea in abatement shall be pleaded in any action, in either of the said courts depending, and upon argument the same shall be adjudged in sufficient, the plaintiff or plaintiffs, in such actions, shall recover against the defendant or defendants full costs, to the time of over-ruling such plea, including the costs of that court, a lawyer's fee only excepted; and that the plaintiff in replevin, or the defendant in |
| any other action, may plead as many several matters as he shall think necessary for his defence, so at they be not admitted to plead and demure to the whole. And for settling the method of, and expediting proceedings of the said courts in Chancery. | |
| XIV. Be it further enacted, by the authority aforesaid, That in all such suits the following rules and methods shall be observed and put in practice, to wit, That the complainant shall file his bill the day after the court, to which the Subpœna is returnable, or upon the first appearance of the defendant, that upon the complainant's dismissing his bill, or the defendant's dismissing the same, for want of prosecution, the defendant shall recover his costs: the complainant may amend his bill before the defendant appears, or in a small matter afterwards, without paying costs; but if he amend after appearance, and in a material point, where by the defendant shall be put to any extraordinary costs, such costs shall be paid before the complainant shall be at liberty to amend his bill. The defendant shall put in his answer, to be filed with the clerk in his office, at, or upon the next rule day after his appearance and bill filed, at the expiration of which time, if no answer shall be put in, the clerk upon request shall issue an attachment returnable to the next court; and if no answer shall be put in, upon return of such attachment executed, the complainant's bill shall be taken pro confesso, and the matter thereof decreed; and if the attachment shall be returned not executed, an attachment with proclamation shall be issued; and if upon return thereof no answer be put in, the complainant's bill shall be taken pro confesso, and the matter thereof decreed, as aforesaid. No process of contempt shall issue without oath made of the service of the subpœna, unless the same shall be returned served, by a sworn officer: every defendant shall be at liberty to swear to his answer before a justice of the peace. When any cross bill shall be preferred, the defendant or defendants in the first bill shall answer thereto, before the defendant or defendants in the second bill shall be compellable to put in his or their answer to such cross bill. The complainant shall reply or file exceptions by the next succeeding rule day after the defendant shall have put in his answer; and if the complainant, at the expiration of that time, shall neither reply nor file exceptions, the suit shall be dismissed, with costs. If any bill shall be dismissed for | And in Chancery. |
| want of a replication, or other proceedings, the court, if they see cause, may order the same to be retained upon motion and payment of costs. If the complainant's attorney doth except against the answer of any defendant or defendants, as insufficient, he may file his exceptions, and enter a rule to make a better answer by the next succeeding rule day; and if on or before the next succeeding rule day the defendant shall put in a sufficient answer, the same shall be received without costs; but if the defendant or defendants insist on the sufficiency of the answer, or shall put in another insufficient answer, the complainant may set down his exceptions to be argued the next succeeding court: And after the expiration of such rule, or any second insufficient answer put in, no further or other answer shall be received but upon payment of costs: And if upon argument the complainant's exceptions shall be over ruled, or the defendant's answer adjudged insufficient, the complainant shall pay to the defendant or the defendant to the complainant, as the case shall be, such costs as shall be allowed by the court: If any defendant shall put in a second insufficient answer, which shall be so adjudged, such defendant shall be examined upon interrogatories, and committed 'til he shall perfectly answer those interrogatories, and pay costs: If the defendant after process of contempt put in an insufficient answer, which shall be so adjudged, the complainant shall not be obliged to take out a new subpœna, but may go on to the attachment with proclamation, as if no answer had been put in: that rules to plead, reply, rejoin, and for further proceedings, when necessary, shall be given, from month to month, as is herein before directed, for rules and proceedings at the common law. Where the complainant conceives sufficient matter to be confessed, by the defendant's answer, he may set down the cause for, and proceed to hearing, giving the defendant or his attorney ten days notice. No defendant shall be admitted to put in a rejoinder, unless it be filed on or before the next rule day after replication put in; but the complainant may proceed to the examination of witnesses. After an attachment, with proclamation returned, no plea or demurrer shall be received, unless by order of court, upon motion. If the complainant conceives any plea or demurrer to be nought, either for the matter or manner of it, he may |
| set it down to be argued; or if he thinks the plea good, but not true, he may take issue upon it, and proceed to proofs; and if such plea shall be adjudged false, the complainant shall have the same advantage as if a plea was found false by verdict, at common law. If a plea be pleaded, or demurrer put in, and over ruled, no other plea or demurrer shall thereafter be received; but the defendant shall answer to the allegations of the bill. The complainant at the next rule day after a plea or demurrer put in, may cause the same to be set down, to be argued; but if the complainant shall not proceed to have the same so set down, at the second rule day after plea or demurrer put in, the bill may be dismissed of course, with costs. Upon a plea or demurrer argued, and over ruled, costs shall be paid, as where an answer shall be judged insufficient, and the defendant shall file his answer at the next rule day; but if adjudged good the defendant shall have his costs. If any defendant shall obstinately insist on a demurrer, and refuseth to answer, where the court shall be of opinion, that sufficient matter is alledged in the bill to oblige him to answer, and for the court to proceed upon, the bill shall be taken, pro confesso, and the matter thereof decreed accordingly. Upon a bill filed, and before the defendant puts in an answer, upon oath made, that any of the complainant's witnesses are aged and infirm, or going out of this colony, whereby the complainant thinks he is in danger of losing the benefit of their testimony, the clerk may issue a dedimus, to take the examination of such witnesses de bene esse, the party taking out such commission giving the adverse party reasonable notice of the time and place of executing the same. Commissions to examine witnesses may be issued by the clerk of the court, at any time after replication filed; the party taking out such commission giving ten days notice to the adverse party, of the time and place of executing the same. When any cause shall be at issue, and the examination of witnesses returned, if the complainant shall not, on the next succeeding rule day thereafter, set down the cause, for hearing with the clerk, on the rule book, the defendant may have the cause set down at his request, and bring the same to hearing, giving the complainant, or his attorney, such notice as is herein before directed, for hearing upon bill, and answer. |
| XV. And be it further enacted by the authority aforesaid, That the clerks of the said counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, shall be entitled to the same fees for services done at the rules, as by law they are now allowed, for the like services, in court. | Clerk shall have the same fees for rules as for services in court. | ||||
| XVI. And be it further enacted, by the authority aforesaid, That the courts of the said counties of Brunswick, and Fairfax, in the months of June and December; of Lunenburg, in the months of January and October; of Frederick, Albemarle, and Augusta, in the months of February and August; shall order their sheriffs to summon twenty-four of the most capable freeholders, to appear at the next court, to serve as a grand jury of inquest, for each of the said counties, respectively: and that an orphan's court beheld, for the said counties [county] of Lunenburg, in October annually. | Grand juries to be summoned. Orphan's court in Lunenburg to be held in October, annually. | ||||
| XVII. And be it further enacted by the authority aforesaid, That all and every other act and acts, clause and clauses, as to so much thereof, only, as relates to holding courts in the said counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, monthly, and settling the proceedings therein, which are contrary to this act, shall, during the continuance of this act, be, and are hereby declared to be suspended: and that this act shall continue and be in force, from and after the twentieth day of June, until the tenth day of June, which shall be in the year of our Lord one thousand seven hundred and fifty-one, and from thence to the end of the next session of Assembly. | Former acts, contrary to this act suspended. Commencement & continuance of this act. | ||||
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| CHAP. LXXVII. | |||||||
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| I. WHEREAS the passage from Joseph Morton's lot, in Leeds-town, to the land of Sarah Brooke, in Essex county, is long and dangerous; and whereas the making of a road and causeway, through the marsh opposite to the town of Leeds, will render the passage of travellers short and save, and be very beneficial to the public, besides promoting the commerce of the said town; therefore | |||||||
| 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 the trustees of the said town of Leeds, or any four or more of them, be impowered and authorised, and they are hereby impowered and authorised, to agree with any person or persons, to clear, dig up, extend, maintain, and improve a causeway, from the river opposite to the said town of Leeds, through the said marsh, to the high land of the said Sarah Brooke, in Essex county, near the ferry landing, and from time to time to widen, repair, and improve the same; and also, if necessary, to erect and build bridges over |
| any gut or creek, in the said marsh. And upon compleating the said causeway; It is further enacted, by the authority aforesaid, That a public ferry be established from the public landing of the said town to the said causeway, and that the said trustees, and their successors, or any four or more of them, have power, and they are hereby authorised, from time to time, to let the said ferry to any person or persons that will undertake, out of the profits thereof, to keep the said causeway in good and sufficient repair. | |
| III. And be it further enacted, by the authority aforesaid, That the county of Essex, upon application made to them by the undertaker of the said causeway, shall order and appoint three honest freeholders convenient thereto, to go upon and value one acre of high land, adjoining to the place where the said causeway shall begin; and the said trustees, upon paying such valuation to the proprietor thereof, may, from time to time, make use of the said acre of land, for raising and repairing the said causeway; and for no other use or purpose whatsoever. | |
| IV. And whereas the said trustees, out of the sale of the said lots of the said town, have paid off the respective proprietors of the land, and have yet remaining in their hands the sum of eighty pounds current money, besides a considerable number of lots undisposed of; Be it further enacted, That as well the said sum of eighty pounds, as likewise what other money may be raised, by further sale of lots, during the time the said causeway shall be making, may be by the said trustees, or any four or more of them, appropriated to that use; and that the rates for passing the said ferry be, for a man, four pence; for a horse the same; for every coach, chariot, or waggon, and the driver thereof, the same as for the ferriage of four horses; and for every two wheel chaise, or chair, the same as for the ferriage of two horses; according to the rates herein before settled, and no more. And that the keeper thereof have such exemptions and advantages, and be under the like regulations and restrictions as is and are by law provided for, and in respect of the keepers of other public ferries. | |
| V. And be it further enacted, by the authority aforesaid, That the proprietor or proprietors of the marsh |
and land, through which the causeway and road leads, if they think necessary, shall and
may erect one or more gates thereon.
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| Pages 172-193
| Pages 217-236
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