Pages 453-475 
|  Pages 496-519
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| Pages 453-475
| Pages 496-519
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| CHAP. VI. | |
| An Act for employing and better maintaining the Poor. | Edit 1679, p. 321. |
| I. WHEREAS the number of poor people hath of late years much increased throughout this colony, and it will be the most proper method for their maintenance, and for the prevention of great mischiefs arising from such numbers of unemployed poor, to provide houses for their reception and employment. | 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 it shall and may be lawful for the vestry of every parish in this colony, to order and cause to | Vestry to cause a workhouse to be built, and have power to |
| be erected, purchased, or hired, one or more house or houses within their parish, for the lodging, maintaining, and employing of all such poor people as shall be upon the parish, or who shall desire relief from the vestry or churchwardens; and to employ all such poor persons, in such works as shall be directed by the said vestry, or churchwardens; and to take and apply the benefit of their labor, for and towards their maintenance and support, and to provide cotton, hemp, flax, or any other necessary materials, implements, or things, for setting the said poor to work: And where any parish shall be too small to purchase, erect, or hire such house, or houses, it shall and may be lawful for the vestries of any two or more of such parishes, lying, adjoining, or convenient to each other, to unite in purchasing, erecting, or hiring such house or houses, for the reception and employment of the poor of their respective parishes: And the said vestry, or vestries, shall have power to purchase or rent a tract of land, whereon the said house or houses shall stand, or be erected, or convenient thereto, not exceeding one hundred acres, for the use of the said poor; and to levy a reasonable allowance in their parish levies, for the education of such poor children as shall be placed in the said house, or houses, until they shall be bound out according to law. | purchase or rent a tract of land, whereon such houses shall stand. |
| III. Provided always, That no poor person shall gain or acquire a settlement, so as to become chargeable to the parish whiter he or she shall be removed or placed, by virtue of this act, but shall be deemed a resident, and to belong to the parish from whence he or she was removed. | Proviso. |
| IV. And be it further enacted, by the authority aforesaid, That the churchwardens of every parish, or any one of them, shall have power and authority to order the constables in their parish, or such other officer as they shall appoint for that purpose, to convey all and every person and persons who shall be found begging in their parish, to the house or houses so to be provided for the reception of the poor, there to be employed for the space of twenty days, or a less time, in such works and labours as the said churchwardens, or either of them, shall adjudge them able to perform, and to apply the profits of such beggar's labor towards his or her maintenance. | Churchwardens power to send beggars to such workhouses. |
| V. And be it further enacted, by the authority aforesaid, That the vestry of every parish wherein any house, or houses, for the reception of the poor shall be, shall have power and authority to make and ordain proper rules and orders, for, and concerning the work, employment, and correction, of such poor persons as shall be placed or sent there, pursuant to this act, and to contract with, and appoint one or more fit person or persons to keep the said house, or houses, and to oversee the poor, belonging, or sent to such house, or houses, which person or persons, so to be appointed, shall have full power to set all such poor persons as shall be placed or sent there, to work, and labor, according to their several abilities, and the rules and orders of the vestry and churchwardens, and to inflict corporal punishment on such persons, under his or their care and management, who will not conform themselves to the said rules and orders, or who shall behave refractorily, not exceeding ten lashes at one time, or for one offence; and the person or persons so to be appointed, shall annually, at the laying of the parish levy, or, when thereto required, render a true account to the vestry, of the poor under his or their care, and of the profits arising from their labor, and how the same have been disposed of; and, moreover, shall be liable to be displaced by the vestry when they shall think fit. | Vestry power to ordain rules relating to the poor, sent to such workhouses. |
| VI. And be it further enacted, by the authority aforesaid, That if any poor person shall refuse to be placed or to continue at any house, or houses, to be appointed, for the reception of the poor, in pursuance of this act, he or she so refusing, shall in no wise be entitled to ask, demand, or receive any relief, or sum or sums of money, or tobacco, from the vestry or churchwardens of his or her parish, except the vestry or churchwardens, by reason of his or her sickness, or old age, shall adjudge them incapable of labor, and order otherwise. | Poor refusing to continue at any house appointed in pursuance of this act. |
| VII. And be it further enacted by the authority aforesaid, That the churchwardens of every parish shall keep a book, wherein the names of all persons who receive relief from the parish shall be registered, with the time they were admitted on the parish, and the occasion of such admittance, which book shall be by them produced to the vestry, at the laying of the parish levy, or as often as the said vestry shall think | Churchwardens to keep a register of the poor. |
| convenient, and the names of such poor persons shall be called over, and the reasons of their receiving relief examined, and such of the said poor shall then be continued on the parish, or discharged therefrom, as the said vestry shall direct. And that the poor of every parish may be the better known, | |||
| VIII. Be it further enacted, by the authority aforesaid, That every person who shall receive relief from the parish, and be sent to the said house, or houses, shall, upon the shoulder of the right sleeve of his or her uppermost garment, in an open and visible manner, wear a badge, with the name of the parish to which he or she belongs, cut either in blue, red, or green cloth, as the vestry or churchwardens shall direct; and if any poor person shall neglect or refnse to wear such badge, the vestry or churchwardens of such parish may punish such offence, either by ordering his or her allowance to be abridged, suspended, or withdrawn, or the offender to be whipped not exceeding five lashes for one offence, or at one time; and if any person, not entitled to relief as aforesaid, shall presume to wear such badge, he or she so offending shall, in like manner, be whipped for every such offence, by order of any justice of the peace, unless he or she shall immediately pay down the sum of ten shillings to the churchwardens, for the use of the poor of that parish where the offence shall be committed. | Poor to wear a badge. | ||
| IX. And be it further enacted, by the authority aforesaid, That this act shall be takea and allowed in all courts within this colony as a public act, without specially pleading the same. | Public act. | ||
 CHAP. VII. | |||
|
Edit. 1769, p. 323. | ||
| I. WHEREAS by an act of General Assembly, made in the twenty second year of the reign of his | Preamble. |
| present majesty, intituled, An act declaring the law concerning executions, and for the relief of insolvent debtors, it is among other things enacted, that where any writ of execution is sued out upon a judgment, in any action for sterling money, the sheriff or other officer to whom such writ is directed, shall levy the same, in current money, at the rate of twenty five per cent. advance upon the sterling, for a difference of exchange, which is oftentimes found not to be a full satisfaction for the damage sustained by occasion of the non-acceptance, or non-payment of bills of exchange, or sufficient to enable merchants to remit the money due to them in this colony without great loss. | |
| 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 in any action which hath been or shall be commenced, and is or shall be depending, for the recovery of any sterling money, in any court of record in this dominion, wherein the plaintiff or plaintiffs shall recover, such court shall have power, and are hereby directed by rule to be entered, at the foot of their judgment, in such action to order such judgment to be discharged or levied in current money, at such a difference of exchange as they shall think just; any law, usage, or custom, to the contrary thereof, in any wise notwithstanding. | Judgment for a sterling debt to be discharged at such a difference of exchange as the court shall think proper. |
| III. And be it further enacted, That if any person shall, in any suit hereafter to be brought, declare for sterling money, except where the debt or duty is payable in sterling, the plaintiff in every such suit shall be non-suited; and if any person shall, after the passing of this act, take a bond, obligation, or note, payable in sterling, for any current money debt, and shall bring any suit thereon, the court before whom such suit shall be tried, upon proof being made thereof, shall order the judgment to be discharged or levied in current money, at the rate of twenty five per cent. | Where a person may declare for sterling money, where not, and how to be levied. |
| IV. And be it further enacted, by the authority aforesaid, That in all bills of exchange given after the first day of October next, for any debt due in current money of this colony, or for current money advanced and paid for such bills, it shall be mentioned and expressed in such bills, the sum in current money that was paid or allowed for the same; and, in default thereof, in case such bill shall be protested and a suit brought | In all bills of exchange, it is to be expressed what was paid for the same, and the penalty, to insert any |
| for the recovery of the money due thereby, the sum of money expressed in such bill shall be held and taken as current money, and judgment shall be entered accordingly: And if any person so receiving or purchasing a bill of exchange, shall express or cause to be expressed therein any other than the true sum in current money allowed for the same, every such person so offending, shall forfeit and pay to the person drawing such bill, the whole sum of money for which such bill shall be drawn: to be recovered with costs, by action of debt, in any court of record within this colony, wherein the same shall be cognizable. | other than the true sum. |
| V. And to the end people may not be injured, for want of due proof of the rate of exchange so given or allowed for such bills, where the same is not truly expressed therein, such bills being usually negociated in secret, and with such caution, that it can seldom be detected in the ordinary course of evidence, Be it further enacted, That it shall and may be lawful for any drawer of such bill of exchange to exhibit a bill in chancery, in any court of record in this colony, against the person to whom such bill shall be payable, to compel him to discover upon his corporal oath, the true difference of exchange given or allowed for such bill; and, in that case, if it shall appear that a less rate of exchange was given or allowed than is expressed, the drawer of such bill shall be discharged from the penalty her in before inflicted for the same; but shall be decreed to pay to the drawer so much money as the rate of exchange allowed shall be less than the rate of exchange expressed, together with the damages of ten per centum, per annum thereon, to the time of such decree, and costs of suit. | |
| VI. And whereas many persons come from beyond sea, and here settle and trade with the subjects of this colony, who become indebted to them on account of such dealings; and the persons so trading, in order to entitle themselves to many advantages allowed to the merchants resididg in Great Britain, and bringing suits here for the recovery of debts contracted there, do pretend that they are factors for some persons beyond the sea: and do accordingly commence suits, in the names of such pretended principals, although it is reasonable that the debts so contracted should be considered, in all respects, as other debts between persons residing in this colony: for remedy whereof, |
| VII. Be it enacted, by the authority aforesaid, That where any suit shall hereafter be brought, in the name or names of any person or persons residing in Great Britain, or Ireland, for the recovery of any debt due for goods actually sold, and delivered here, by his or their factor or factors, it shall be mentioned and expressed, in the declaration or petition in such suit, by what factor or factors the goods and merchandizes for which the debt sued for became due, were sold, and delivered; or in default thereof such suit shall be dismiss'd, with costs, and the factor or factors, so to be named, shall be allowed to take the same oath to his book of accounts, or to a copy thereof, in case his book shall not be required to be produced; which shall be allowed as evidence, in the same manner, and under the like limitation and restrictions, as if the suit was brought in the name of such factor. And that such factor, or factors, shall not further or otherwise be admitted as a witness in such suits, or be entitled to any allowance for his attendance as a witness. | To prevent certain practices amongst factors. |
| VIII. And be it further enacted, That all such suits shall be commenced and prosecuted within the time appointed and limited for the bringing the like suits, by an act of Assembly, made in the fourth year of the reign of her late majesty, queen Anne, intituled, An act for the limitation of actions, and avoiding of suits, and not after, notwithstanding the saving in the said act to persons beyond the sea, at the time their causes of action accrued. | Limitation. |
| IX. Provided nevertheless, That if any factor shall happen to die before the expiration of the time in which such suit should have been brought, such principal shall be allowed two years from the death of such factor; to commence and prosecute his, her, or their action for any debt due to him, her, or them, on account of any contract or dealing with such factor. | Proviso. |
| X. And be it further enacted, by the authority aforesaid, That in all petitions brought for the recovery of such debts, if the plaintiff shall recover, a lawyer's fee shall be taxed in the bill of costs, in case the factor, so to be named in the petition, shall be unable to attend the court in person, or the defendant resides in another county than where the debt is contracted, and not otherwise. | Lawyer's fee to be taxed. |
| XI. And whereas by an act of Assembly, made in the twenty second year of the reign of his present majesty, |
| intituled, An act prescribing the method of appointing sheriffs, and for limiting the time of their continuance in office, and directing their duty therein, it is amongst other things directed, that every sheriff shall, before his being sworn into, and executing his office, enter into bond, with sufficient sureties, in the sum of one thousand pounds current money, for his true and faithful performance of his office; but such bonds being payable to his majesty, it hath been doubted, whether the securities of a sheriff can be made liable on such bond, for any money or tobacco, levied and received by such sheriff, upon any writ of execution, or for officers fees and dues put into his hands to collect; for explaining whereof. | |
| XII. Be it enacted by the authority aforesaid, That every person accepting a sheriff's commission, shall before his being sworn into or executing his office, enter into one bond before the justices of his county court, with two good and sufficient securities at the least, in the sum of five hundred pounds, with a condition in the following form, wit: to | Sheriffs to give bond. |
| The condition of the above obligation is such, that whereas the above bound A. B. is constituted and appointed sheriff of the county of during pleasure, by commission from the governor, under the seal of the colony, dated the day of last past; if therefore the said A. B. shall well and truly collect all quit-rents, fines, forfeitures, and amerciaments, accruing or becoming due to his majesty, in the said county, and shall duly account for, and pay the same to the officers of his majesty's revenue for the time being, on or before the second Tuesday in June annually, and shall in all other things truly and faithfully execute the said office of sheriff during his continuance therein; then the above obligation to be void, otherwise to remain in full force and virtue: | The form. |
| And shall also enter into one other bond, before such court, and with the like sureties, in the sum of one thousand pounds, with a condition in the following form, to wit: | |
| The condition of the above obligation is such, that whereas the above bound A. B. is constituted and appointed sheriff of the county of during pleasure, by commission from the governor, under the seal of the colony, dated the day of |
| last past; if therefore the said A. B. shall well and truly collect and receive all officers fees and dues, put into his hands to collect and duly account for, and pay the same to the officers to whom such fees are due, respectively, at such times as are prescribed and limited by law; and shall well and truly execute, and due return make, of all process and precepts to him directed, and pay and satisfy all sums of money and tobacco by him received, by virtue of any such process, to the person or persons to whom the same are due, his or their executors, administrators or assigns, and in all other things shall truly and faithfully perform the said office of sheriff, during the time of his continuance therein, then the above obligation to be void, otherwise to remain in full force and virtue: | |
| Both which bonds shall be made payable to his majesty, his heirs and successors; and that in the name of his majesty, and his successors, any person or persons injured may and shall, at his or their costs and charges, commence and prosecute suits on such last mentioned bond, against the parties therein bound, their executors or administrators, and shall and may recover all damages which he, she, or they may have sustained, by reason of the breach of the condition of such bond; and such bond shall not become void upon the first recovery, or if judgment shall be given against any plaintiff or plaintiffs, who shall sue on such bond, but may be put in suit and prosecuted, from time to time, for the benefit, and at the proper costs and charges of any party injured, until the whole sum of one thousand pounds, the penalty expressed in such bond, shall be recovered. | |
| XIII. Provided always, That if any verdict or judgment shall pass for such sheriff or his security, the person at whose instance such suit shall be brought or prosecuted, shall pay such sheriff, or his security their costs. | Proviso. |
| CHAP. VIII. | |||
|
Edit. 1769, p. 326 | ||
| I. WHEREAS it is represented to this General Assembly, that it is of pernicious consequence to permit the inspectors of tar, pitch, and turpentine, to buy for themselves, or any other person, any such commodity. | Preamble. | ||
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, no person or persons, appointed to inspect the filling of tar, pitch, or turpentine, shall, during his or their continuance in such office, directly, or indirectly, for himself or themselves, or for any other person or persons, buy or receive, by way of barter, loan or exchange, or by any other ways or means, any tar, pitch, or turpentine whatsoever, except for his or their own use, under the penalty of forfeiting five shillings for every barrel of tar, pitch, or turpentine, so bought or received; to be recovered with costs, by action of debt or information, in any court of record within this dominion, where the penalty or forfeiture exceeds twenty five shillings; and where the same does not exceed that sum, before any justice of the peace of the county where the offence shall be committed; one moiety whereof shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, and the other to the person or persons who shall inform or sue for the same. | Inspectors of tar, &c. their duty. |
| CHAP. IX. | ||
| ||
| I. WHEREAS by a late accidental fire, large quantities of tobacco were burnt at the public warehouses at Bolling's point, in the county of Dinwiddie; an account of which tobacco, as near as could be collected, with the names of most of the proprietors, is stated in the memorial of the inspectors at said warehouse, and contained in a schedule hereunto annexed; but by reason of several difficulties, and particularly for want of proper vouchers and accounts; the exact quantity of the said burnt tobacco, and the names of the proprietors thereof, cannot be known; for remedy whereof, and to the end it may fully appear to whom the said burnt tobacco belonged; and that a just account thereof may be stated, and the sufferers receive satisfaction for their several losses; | 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 John Jones, Isham Eppes, Richard Bland, Stephen Dewey, William Poythress, John Banister, and Robert Ruffin, gentlemen, shall be, and they are hereby constituted and appointed commissioners for taking, examining, and stating the accounts, claims, and demands of all the proprietors, not mentioned in the said schedule, of the tobacco burnt in the said warehouses, which shall appear to them to have been inspected, and refused by the inspectors at the said warehouses, but not picked and reprized by the proprietors and owners thereof; and of such tobaccos as were not inspected before the burning of the said warehouses. And for the better enabling the said commissioners, or any four or more of them, to take and state the said accounts, | Commissioners. | |
| III. Be it further enacted, by the authority aforesaid, That the said commissioners, or any four or more of them, are hereby authorized and impowered to meet at such time or times, and at such places as they shall think fit; of which time and place, public notice, shall | Their powers. |
| be advertised in the Virginia Gazette, and at the said warehouses at least one month before such meeting, and to examine any person or persons they shall judge necessary for their information, in all things relating to the said accounts, and to administer an oath or affirmation, as the case shall be for the better discovering of the true quantity of the said burnt tobacco, to any person or persons. | |
| IV. And be it further enacted by the authority aforesaid, That every of the said commissioners hereby constituted before he enters upon the execution of this act, shall take an oath before the county court of Dinwiddie, the tenor whereof, shall be as followeth; that is to say, | Commissioners to take an oath. |
| I. A. B. do swear, that I will, according to the best of my skill and knowledge, faithfully, impartially, and truly demean myself in taking, examining, and stating the accounts, claims, and demands of the proprietors of the tobacco burnt in Bolling's point warehouse, according to the directions of the act, intituled, An aot for the relief of the proprietors of the tobacco burnt in Bolling's point warehouse, in the county of Dinwiddie. | The form. |
| V. And be it further enacted, by the authority aforesaid, That in stating the said accounts, the said commissioners, or any four or more of them, shall, and they are hereby required, to distinguish the number of hogsueads of such tobacco, burnt in the said warehouse, before the same were inspected, and the number of hogsheads that were refused by the inspectors, and burnt before the same were picked, with the names of the several owners and proprietors thereof, which said accounts, the said commissioners, or any four or more of them, shall deliver to the treasurer of this colony, under their hands and seals, within two months after the same shall be stated and settled. | Their direction in stating the accounts. |
| VI. And be it further enacted, by the authority aforesaid, That the said treasurer out of the money to be raised by virtue of this act, shall on the last day of October, in the year of our Lord, one thousand seven hundred and fifty six, pay to the sufferers, respectively, with an interest of five per centum, per annum, from the passing of this act, according to the several quantities of tobacco by them lost, as stated in the accounts of the said commissioners; and also to the several proprietors of the tobacco which had been inspected, | After what rate the treasurer is to pay to the suffers, respectively. |
| and passed by the inspectors at the said warehouse, mentioned in the schedule aforesaid, after the rates following, that is to say, for the crop tobacco passed between the tenth day of November, one thousand seven hundred and forty eight, and the tenth day of November, one thousand seven hundred and fifty one, eight shillings and four pence per centum: for the crop tobacco passed from the tenth day of November, one thousand seven hundred and fifty two, to the twentieth day of October, one thousand seven hundred and fifty three, twelve shillings and six pence, per centum: for the crop tobacco passed from the twentieth day of October, one thousand seven hundred and fifty three, to the twentieth day of October, one thousand seven hundred and fifty four, fourteen shillings per centum: for the crop tobacco passed from the twentieth day of October, one thousand seven hundred and fifty four, fifteen shillings per centum: and for the crop tobacco refused, but not picked, allowing five hundred pounds nett for each hogshead, twelve shillings and six pence per centum. And whereas, sixteen thousand three hundred and eighty nine pounds of tobacco, saved out of the crop tobacco, burnt at the said warehouse, now remain in the inspectors hands; and there are due, and owing from the said inspectors, sixteen thousand and ninety two pounds of tobacco, upon outstanding transfer notes: | |
| VII. Be it further enacted, by the authority aforesaid, That it shall, and may be lawful to, and for the said inspectors, and they are hereby required to pay off, and discharge the said sixteen thousand and ninety two pounds of tobacco, due from them upon outstanding transfer notes, out of the said sixteen thousand three hundred and eighty nine pounds of tobacco, so saved out of the burnt tabacco, as aforesaid, and the overplus shall be by them sold, and accounted for, to the treasury for the use of the public. | How the inspectors may pay off their outstanding transfer notes. |
| VIII. And be it further enacted, by the authority aforesaid, That from and after the twentieth day of October next, and additional duty of three shillings and six pence, shall be paid for every hogshead of tobacco, passed at the several warehouses in this colony, by the owners or proprietors thereof; which said | Additional duty on every hogshead head of tobacco passed which the inspectors are |
| duty, the several inspectors at the said warehouses, shall, and they are hereby impowered and required, to collect and receive without any fee or reward, of, and from the said owners or proprietors, before they deliver such tobacco out of their respective warehouses, and shall be by them accomnted for upon oath, and paid to John Robinson, esquire, treasurer, or to the treasurer of this colony, for the time being, appointed, by, or pursuant to an act of Assembly, to be by the said treasurer applied in paying the several proprietors of the tobacco burnt as aforesaid, and such further uses, as shall be directed by the Assembly. | obliged to collect. |
| IX. And be it further enacted, by the authority aforesaid, That this act, as to so much thereof, as relates to the said duty, shall continue, and be in force until the twentieth day of October, which shall be in the year of our Lord, one thousand seven hundred and fifty six, and no longer. | Continuance. |
CHAP. X. An Act for reviving an act, intituled, An act for preserving the breed of Sheep. | |
| I. WHEREAS the act of Assembly made in the twenty fifth year of the reign of his present majesty, intituled, An act for preserving the breed of sheep, expired at the end of the session of Assembly, held in the month of August last, and the inhabitants of the counties of James City, York, Warwick Elizabeth City, Richmond, Fairfax, Middlesex, Essex, Gloucester, Charles City, King George, Northampton, Westmoreland, Northumberland, Lancaster, Goochland, King William, New Kent, King and Queen, Prince George, and Princess Anne, having found the usefulness of the said act, are desirous that the same may be revived and 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 from and after the first day of July | To what counties this act extends. |
| next, it shall not be lawful for any negroe, or other slave or slaves, in the counties aforesaid; and in the counties of Stafford, Prince William, Norfolk, Spotsylvania, Nansemond, and Accomack, in going from one plantation to another, to carry with him, her, or them, any dog whatsoever, other than is herein after excepted, and if any slave or slaves, shall presume to carry about with him, her, or them, any dog, contrary to the intention of this act, it shall, and may be lawful, for any person or persons whatsoever, to kill and destroy every such dog; and moreover the slave or slaves so offending shall upon complaint made before any justice of the peace, receive on his, her, or their bare back, ten lashes, by order of such justice. | |
| III. And be it further enacted by the authority aforesaid, That no more than two dogs, shall be kept at any negroe quarter, in the counties aforesaid, at any one time; and in case more dogs shall be found to belong to the same quarter, it shall be lawful for any person or persons to kill and destroy every dog kept at such quarter above that number, by order of any justice of the peace; and the several constables at the time of their viewing tobacco fields, in the counties aforesaid, are hereby required and impowered to examine into the number of dogs kept at the several negroe quarters in their precincts, and to kill and destroy every dog kept thereat, exceeding two. And whereas dogs frequently ramble from home and destroy great numbers of sheep, and some persons are so unneighbourly as to refuse their being killed. | No more than two dogs to be kept at any negroe quarter in the several counties mentioned in this act. |
| IV. Be it further enacted, by the authority aforesaid, That it shall, and may be lawful, for any justice of the peace, upon due proof made to him, of any dogs killing sheep, to order such dog to be destroyed forthwith. | Dogs killing sheep, may be destroyed by order of any justice. |
| V. Provided, That nothing herein contained shall be construed to hinder any person or persons from sending his, or their slave or slaves from place to place, with his, or their houses, spaniels, pointing or setting dogs, for his, or their diversion, as they might have done before the making of this act. | Servants not hindred from carrying hounds, &c. from place to place, for their master's diversion. |
| VI. And be it further enacted, That this act shall continue, and be in force for, and during the term of three years, and from thence to the end of the next session of Assembly. | Continuance. |
| CHAP. XI. An Act for establishing Pilots, and regulating their fees. | |
| I. WHEREAS it is necessary for the safety and preservation of ships and vessels coming into the bay of Chesapeak, bound up the rivers of this dominion, that able and experienced pilots should be established, to conduct such vessels for reasonable fees to their several moorings, and to prevent ignorant or unqualified persons from undertaking such pilotage: | 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 governor, or commander in chief of this colony and dominion, for the time being, shall be, and is hereby impowered and requested, to nominate and appoint such, and so many persons as he shall think fit for each district in this colony, to examine all who shall desire to be admitted pilots; and if upon such examination the party shall appear of sufficient skill and ability, the examiners, or any three or more of them, shall certify the same to the governor, or commander in chief, who thereupon is requested to grant such party a branch, and thenceforth he shall be reputed a lawful pilot: And if any person not having such branch, shall presume to take upon himself to conduct or pilot any ship or vessel coming from sea, to any place or places herein after mentioned, every such person shall forfeit and pay for the first offence, ten pounds current money; for the second offence, twenty pounds; and for every offence thereafter, forty pounds of like money, to be recovered with costs by action of debt in any court of record of this dominion, by the informer, or party suing for the same; and moreover such person shall be liable for all damages occasioned by his undertaking the pilotage, to be recovered by action at the common law, at the suit of the party or parties grieved. | Governor to nominate, and the method of his appointing pilots.
Penalty on persons acting as pilots, without being appointed according to this act. |
| III. Provided always, That his act shall not extend, or be construed to hinder any person or persons from assisting any ship or vessel in distress, or subject such person or persons to the penalty thereof. | Not to extend to any persons assisting a ship in distress. |
| And whereas great inconveniencies have arisen from pilots entering into combination or partnerships, which has occasioned great neglect of their duty; for prevention whereof: | |
| IV. Be it further enacted, by the authority aforesaid, That from and after the first day of December next, no more than two pilots shall be in partnership, under the penalty of one hundred pounds to the informer, to be recovered with costs by action of debt in any court of record of this dominion. And for the encouragment of pilots to do their duty: | No more than two pilots to be in partnership. |
| V. Be it further enacted, by the authority aforesaid, That all pilots shall keep a good look out, and that every master of a merchant's vessel coming from sea, shall be obliged to receive the pilot who first offers to conduct his vessel, or shall pay him half pilotage to the first port, and then may continue the same, or choose another pilot, or proceed without any pilot, if he thinks fit. And if any pilot not being hindred by sickness, or other lawful cause, shall refuse to go on board any vessel, when required by the master to execute his office, he shall upon complaint and conviction of such refusal before the examiners, or any three or more of them, and by them certified to the governor, be liable to be suspended by him, for such term or time, as he shall think fit. | Duty of pilots. |
| VI. And be it further enacted, by the authority aforesaid, That if any pilot shall negligently or carelessly loose the vessel under his care, and be thereof convicted by due course of law, he shall be for ever after such conviction, incapacitated for acting as a pilot, and shall also be liable to pay all such damages as any person or persons shall sustain by such negligence or carelessness, to be recovered as is before directed. And for preventing any exorbitant demands for pilotage. | Remedy when pilots loosing vessels through negligence. |
| VII. Be it further enacted, by the authority aforesaid, That the following, and no greater or other prices shall be taken or demanded: to wit: | The prices. |
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| And the same fees back again from the several places aforesaid, to the capes, and no more, And for all sloops and schooners, two thirds of the rates of pilotage: And if any pilot shall demand or take any other or greater fee, he shall forfeit double the pilotage so demanded, recoverable before a justice of peace, with costs, by the informer, to his own use. | ||||||||||||
| VIII. Provided always, That no masters of ships or vessels shall be obliged to take a pilot who shall not offer himself below Willoughby's Point, to James River; Egg Island, to York; Gwyn's Island, to Rappahannock, or Smith's Point to Potomack rivers; but every ship or vessel having no pilot on board, and following another that has a pilot, shall pay him half fees. And to the end that strangers may not be imposed on in the rates of pilotage, as settled by this act. | When masters of ships may refuse employing pilots when they offer. | |||||||||||
| IX. Be it enacted, by the authority aforesaid, That every pilot appointed in pursuance to this act, shall be obliged, when he is in the execution of his office, to carry with him a copy thereof, and when he receives his fees for services performed on board any ship or vessel, he shall produce the said copy to the master of such ship or vessel, to shew that he demands no greater fee or reward than what is allowed by this act, and if any such pilot shall neglect or refuse to produce such copy, as aforesaid, he shall forfeit and pay twenty pounds to any person who shall sue for the same, to be recovered with costs, in any court of record within this dominion. | Every pilot to produce a copy of the prices settled by this act, to the master of whom he receives his fees. | |||||||||||
| X. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force, | Continuance. | |||||||||||
| from the passing thereof, for and during the term of two years, and from thence to the end of the next session of Assembly. | |
CHAP. XII. An Act for appointing several new ferries. | Edit 1769, p. 327. |
| I. WHEREAS it is represented to this present General Assembly, that public ferries, at the places hereafter mentioned, will be of great service to travellers and others, | 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 public ferries be constantly kept at the following places, and that the rates for passing the same, shall be as follows, to wit, from the land of Thomas Swearingen, in the county of Frederick, over Patomack river to the [his] land opposite thereto in the province of Maryland, the price for a man, three pence three farthings, and for an horse, the same. From the land of Lawrence Washington, in the county of Stafford, over the said river, to the land opposite thereto, in the province of Maryland, the price for a man, two shillings and six pence, and for an horse the same. From Fort point, on Hog Island, over James river, to Higginson's landing, in the county of James City, the price for a man, one shilling and three pence, and for an horse the same. From the land of George Stovall, in the county of Albemarle, over the Fluvanna, to the land of George Stovall, in the county of Bedford, and from the land of the said George Stovall, in the county of Bedford, to the land of George Stovall, in the county of Albemarle, the price for a man, three pence, and for an horse the same. From the land of Ann Fleet, in the county of King and Queen, across Mattpony river, to the land of Thomas Fox, in the county of King William, and from the land of the said Thomas Fox, to the land of the said Anne Fleet, the price for a man, | The ferries established by this act. |
| seven pence half penny, and for an horse the same. From the land of Anderson Doniphan, in King George county, to the land of Lawrence Battaile, in the county of Caroline, the price for a man, three pence, and for an horse the same. From the land of Field Jefferson, on the north side of Roanoke, in Lunenburg county, to the land opposite thereto, for the price for a man, four pence, and for an horse the same. From the land of James Hunt, in the county of Lunenburg, over Stanton river, to the land of Abraham Abney, in the county of Halifax, the price for a man, four pence, and for an horse the same. From the land of Joseph Mayes, in the county of Halifax, over Stanton river, to the land opposite thereto, the price for a man, two pence, and for an horse the same. And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the places aforesaid, the ferry keepers may demand and take the following rates, to wit, for every coach, chariot, or waggon, and the driver thereof, the same as for six horses: For every cart, or four wheeled chaise, and the driver thereof, as for four horses: For every two wheeled chaise or chair, as for two horses: For every hogshead of tobacco, as for one horse: For every head of nett cattle, as for one horse: For every sheep, goat, or lamb, one fifth part of the ferriage of one horse: And for every hog, one fourth part of the ferriage of one horse; according to the prices herein before settled at such ferries, respectively, and no more. | |
| III. And be it further enacted, by the authority aforesaid, That for the greater convenience of passing to and from the ferry, to be kept from Fort Point aforesaid, the justices of the county of Surry, shall, and they are hereby required, within six months after passing this act, at the charge of the said county, to cause to be erected a bridge over Hog Island creek, where the road leading to Fort Point aforesaid, crosses the same; and such bridge when erected, the said justices and their successors, shall, from time to time, keep well and sufficiently repaired. | The justices of Surry to cause a bridge to be built over Hog Island creek. |
| IV. And be it further enacted, by the authority aforesaid, That if the said justice shall neglect, or refuse to erect such bridge as aforesaid, or the same, (when erected) to keep in good and sufficient repair, every justice so neglecting, or refusing, shall forfeit and pay one thousand pounds of nett tobacco, to be recovered | Penalty on failure. |
| by action of debt to the use of the informer, in any court of record wherein no protection or essoign, shall be allowed. | |
| V. And whereas by an act of the General Assembly, made in the twenty second year of his present majesty's reign, intituled, An act for the settlement and regulation of ferries, and for dispatch of public expresses, a public ferry was established from the land of Littleton Eyre, on Hungar's river, in the county of Northampton, over the bay of Chesapeak, to the towns of York, Hampton, and Norfolk, but no provision was made in the said act for preventing other persons from setting over the said bay, for reward any person or persons, which is very prejudicial to the keeper of the said ferry, for remedy whereof: | |
| VI. Be it enacted, by the authority aforesaid, That no person whatsoever shall for reward, set any person or persons over the said bay, from the said county of Northampton, to the said towns of York, Hampton, or Norfolk, or any other place adjacent to the said towns; and if any person shall offend herein, he or she, so offending, shall forfeit and pay five pounds current money, for every offence, to be recovered by the keeper of the said ferry, for his own use, by action of debt or information, in any county court in this dominion. | No one for reward to set any persons over the bay, from Northampton, to the towns of York, Hampton, Norfolk, or places adjacent, but the keeper of the ferry. |
| Pages 453-475
| Pages 496-519
|