Pages 369-379 
|  Pages 407-433
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| Pages 369-379
| Pages 407-433
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| ANNO REGNI GEORGII III, Regis, Magnæ Britanniæ, Franciæ, et Hiberniæ, primo. 
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Francis Fauquier, esq. governor. | ||
| CHAP. I. | |||
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| I. WHEREAS it is necessary that the regiment in the service and pay of this colony should be completed | Preamble. |
| to one thousand men, and further continued and retained in the service of the government from and after the first day of April next, to which time they are already provided for, until the first day of December next: Be it therefore enacted, by the Lieutenant-Governour, 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 to and for the officers appointed for that purpose by the governour or commander in chief of this colony to enlist so many men willing to enter into the said service as shall be necessary to complete the number of the said regiment to one thousand; and every person so enlisting shall receive from the officer enlisting him the sum of five pounds, and every such officer shall be allowed, over and above the rewards so to be paid by him, all his necessary expences in the enlisting such persons and conveying them to the place of general rendezvous. | The number to be enlisted. The reward. |
| I. And be it further enacted, by the authority aforesaid, That the said regiment shall and may, by direction of the governour or commander in chief for the time being, be disposed of for the protection of the frontiers of this colony as he shall think most expedient. | Regiment to be disposed of by the governour. |
| III. And be it further enacted, by the authority aforesaid, That so much money as shall be necessary for defraying the charge of recruiting, paying, subsisting, and other expences of the said regiment, until the first day of December next, shall be paid by John Robinson, esquire, treasurer of this colony, or the treasurer for the time being, appointed by or pursuant to an act of assembly, out from bills of exchanged drawn or to be drawn, in pursuance of an act of assembly made in the last year of the reign of his late majesty king George the second, of happy and glorious memory, entitled, An Act to explain and amend the act, entitled, An Act for appointing an agent; so as the sums so to be paid do not exceed in the whole the sum of thirty thousand pounds, to be accounted for to the general assembly. | The sum. |
| IV. And whereas it will be very troublesome to the governour or commander in chief to examine and settle the accounts of the several charges and expenses of the said regiment, Be it therefore enacted by the authority aforesaid, That William Prentis, Thomas Everard and James Cocke, gentlemen, shall be, and they | Commissioners. |
| are hereby appointed commissioners to examine, state and settle, such accounts relating to the expenses of the said regiment as shall from time to time be referred to them by the governour or commander in chief for the time being, and each of the said commissioners shall be allowed for their trouble therein the sum of fifty pounds. | |
| V. And whereas there is not money sufficient in the hands of the treasurer to pay the book of claims, the arrears due to the militia, and damages done by the Indians, a particular account of which arrears and damages hath been stated and settled by the committee of claims: Be it therefore enacted by the authority aforesaid, That the said treasurer, or the treasurer for the time being, appointed as aforesaid, shall, out of the money arising from bills of exchange drawn or to be drawn as aforesaid, pay to the several persons named in the said account and book of claims the sums of money to which they are respectively entitled. | Arrears of militia and damages done by the Indians paid for. |
| VI. And whereas by an act of the general assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled, An Act for granting an aid to his majesty, for the better protection of this colony, and for other purposes therein mentioned, an additional duty of ten per centum was imposed on all slaves imported or brought into this colony for sale, either by land or water, from any port or place whatsoever, from and after the ninth day of July one thousand seven hundred and fifty-eight, during the term of seven years, to be paid by the buyer or parchasers thereof on the amount of each respective purchase, over and above the several duties laid on slaves imported as aforesaid by any act or acts of assembly then subsisting, which said additional duty of ten per centum hath been found very inconvenient: Be it therefor further enacted by the authority aforesaid, That so much of the said in part recited act of assembly, and every article and clause thereof as relates to the imposing, collecting and paying, the said additional duty on slaves, be, and the same are hereby repealed and made void, to all intents and purposes whatsoever. | Additional duty on slaves taken off. |
| CHAP. II. | ||
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| WHEREAS the act of assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled, An Act for reducing the several acts for making provision against invasions and insurrections into one act, will expire on the eighth day of June next, and it being necessary and expedient that the said act should be further continued, Be it therefore enacted, by the Lieutenant-Governour, 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 and after the said eighth day of June next, for and during the term of two years. | Act providing against invasions & insurrections further continued. | |
| CHAP. III. | ||
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| I. WHEREAS the act of the general assembly made in the nineteenth year of the reign of his late majesty king George the second, entitled, An Act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, which hath been continued by several acts, will expire on the twelfth day of April, one thousand seven hundred and sixty-two; and it being necessary that the same should be further continued, with amendments: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, | Act for regulating and collecting officers fees further continued. |
| of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said recited act, and every clause and article thereof, shall continue and be in force from and after the said twelfth day of April, one thousand seven hundred and sixty-two, for and during the term of two years, and no longer. | |
| II. Provided nevertheless, and be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for any person or persons from whom any tobacco shall be due for secretaries, clerks, sheriffs, surveyors, or other officers fees, to pay and satisfy the same either in tobacco, according to the said recited act, or in money, at the rate of sixteen shillings and eight-pence for every hundred pounds of neat tobacco, and so in proportion for a greater or lesser quantity, at the option of the payer. And the sheriffs or collectors of the said fees shall, and they are hereby required, to receive the same from any person or persons in discharge of any such fees; and the sheriffs or collectors of the fees aforesaid shall account with and pay to the persons entitled to the same all the money which they shall receive in payment of such fees, which shall discharge such sheriffs or collectors from any other demands for the fees so paid in money, any thing in the said recited act to the contrary thereof in any wise notwithstanding: Provided also that nothing therein contained shall be construed to extend to the fees of any of the officers aforesaid, which shall become due and owing in the counties of Halifax, Bedford and Loudoun; but that the fees due in the said counties shall continue to be paid in the same manner as if this act had never been made. | Fees due in tobacco, payable in money, at 16s & 8d
per hundred. Except in certain counties. |
| III. And whereas by an act of the general assembly made in the twelfth year of the reign of his late majesty king George the second, entitled, An Act for erecting two new counties and parishes, and granting certain encouragements to the inhabitants thereof, the inhabitants of the counties of Frederick and Augusta were, amongst other things, allowed to pay the fees due from them to the secretary, clerks, and other officers, in money, at the rate of three farthings per pound, on the gross tobacco; and by one other act of the general assembly, made in the twenty-seventh year of the reign of his said late majesty, entitled, An Act for allowing the inhabitants of the counties of Halifax, |
| Hampshire and Bedford, to discharge their publick dues and officers fees in money, instead of tobacco, the inhabitants of the county of Hampshire were also allowed to discharge the secretaries, clerks, and other officers fees, in money, at the like rate of three farthings per pound on the gross tobacco, and by no means adequate to the trouble and expense which the clerks and other officers in the said counties are obliged to sustain in the execution of their several offices: Be it therefore enacted, by the authority aforesaid, That from and after the first day of January next, the inhabitants of the said counties of Frederick, Augusta and Hampshire, shall discharge all fees due from them to the secretary, clerks, and other officers, in the said counties, at the rate of eight shillings and four pence for every hundred weight of gross tobacco, any thing in the before recited acts to the contrary thereof in any wise, notwithstanding. | Tobacco fees in Frederick Augusta and Hampshire payable in
money at 8s. & 4d. per hundred. | |
| CHAP. IV. | ||
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| I. WHEREAS an act of assembly, made in the thirty-second year of the reign of his late majesty king George the second, entitled, An Act for reducing the several acts made for laying a duty on liquors into one act, will expire on the tenth day of June, one thousand seven hundred and sixty-two; and it being found necessary that the same should be further continued: And be it further enacted, That the said act shall continue and be in force from and after the expiration thereof, for an during the term of three years from thence following, and no longer. | Act imposing duties on liquors, further continued. |
| CHAP. V. | ||
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| I. WHEREAS the act of assembly made in the twenty-second year of the reign of his late majesty king George the second, entitled, An Act for amending the staple of tobacco and preventing frauds in his majesty's customs, together with three other acts made in the twenty-fifth, twenty-seventh, and twenty-eighth years of his said late majesty's reign, for continuing and amending the said act, will expire at the end of this session of assembly, and it is necessary that the same should be further continued, with amendments: Be it therefore enacted, by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That besides the two inspectors appointed at the several warehouses, the governour or commander in chief, with the advice and consent of the council, shall and may appoint any other person, recommended with such inspectors, to be an additional inspector at the warehouse, for which he shall be recommended, which additional inspector shall officiate as such only in cases of the disagreement in opinion of the other inspectors as to the quality of tobacco under their inspection, or where either of them shall be absent from the duty of his office, or shall bring his own tobacco to the warehouse whereof he is inspector to be viewed; and the said additional inspector shall be paid for such services as he shall perform, by occasion of the absence of either of the other inspectors, out of the salary of such absenter, in proportion to the time he shall officiate; and every such additional inspector, before he officiates as such, shall give bond with sufficient security, in the penalty of three hundred pounds, payable to his majesty, his heirs and successors, and shall take an oath for the due and faithful performance of his duty; and shall also, when called on, attend his duty at the | Preamble. Additional inspectors, how appointed. How qualified. |
| warehouse where he shall be appointed, under the like penalties and forfeitures as are directed and appointed for the other inspectors. | |
| II. And whereas many persons attending several of the publick warehouses, under the denomination of tobacco pickers, to be employed in picking the tobacco refused by the inspectors, are guilty of great frauds, impositions and abuses, therein; for remedy whereof, Be it enacted by the authority aforesaid, That the courts of the several counties of Henrico, Chesterfield, Dinwiddie, Prince George, Halifax, Prince William, Stafford, King George, Spotsylvania, Hanover and Surry, shall, and they are hereby empowered, to nominate and appoint, in the month of August or September annually, such and so many persons as to them shall seem necessary, who are willing to undertake the same, to attend the respective warehouses within their county, to sort, separate and pick, such tobacco as shall be refused by the inspectors; and every person so appointed a picker shall make oath before the court at the time of his appointment, or at the next succeeding court, that he will lawfully and diligently, without fraud or embezzlement, sort and separate all such tobacco as shall be refused by the inspectors, and the owner or proprietor thereof shall employ him to pick; and if any person so to be appointed a tobacco-picker shall, by demanding or exacting an extravagant price for his services, or in any other manner misbehave himself in his said office, it shall be lawful for the court of the county where such picker shall be appointed, on compliant and motion to them made, to remove such picker from his said office, and to appoint another person to act in his room, if to them it shall seem necessary, provided that such picker shall have ten days previous notice of such motion. And if any person, not being appointed and sworn as aforesaid, shall presume to undertake the picking, sorting or separating, any such tobacco for hire or reward, every such person so offending shall forfeit and pay twenty-five shillings for every such offence, to be recovered by the informer to his own use before any justice of the peace. Provided nevertheless, That nothing herein mentioned shall extend, or be construed to extend, to prohibit the owner or proprietor of any such refused tobacco from sorting, separating or picking, the same with his or her own servants or slaves. | Pickers, when and how appointed.
How qualified. How removed. Penalty for acting without qualification. |
| III. And to prevent the frequent and great losses which arise for want of sufficient houses for the reception of tobacco at many of the publick inspections, Be it further enacted by the authority aforesaid, That the inspectors at the several warehouses shall, at the court to be held for their respective counties, in the month of September, yearly, or at the next succeeding court, produce and render into court an exact account, under their hands, of the number of hogsheads of tobacco inspected at their respective warehouses the preceding year, and of the condition of the warehouses under their charge, and the quantity of tobacco they are capable of containing, and thereon such court, if they shall not be satisfied that the warehouses already built at such inspection are properly secured, and contain sufficient room for at least one half of the number of hogsheads mentioned in such account to be conveniently stowed, shall enter an order that the owner or proprietor of such warehouses shall, within such reasonable time as the said court shall think fit to allow, repair and make close the warehouses already built, and secure the same with strong doors, to be hung on iron hinges, and with strong locks or bolts; and that such owner or proprietor shall also, before the first day of April in the ensuing year, erect, build, and completely finish, such and so many other strong close and substantial houses as, with the other houses already built, shall be sufficient, in the opinion of such court, conveniently to contain at least one half of the quantity of tobacco mentioned in such inspectors account, and secure the same in such manner as is before directed for the warehouses already built, a copy of which order shall be served on such owner or proprietor, or his known agent, attorney or guardian: And in case such owner or proprietor, or any person on his behalf, will undertake the same, then the said court shall, and they are hereby required, to take bond with sufficient security in a reasonable penalty, payable to his majesty, his heirs and successors, with a condition for the due performance of such undertaking; and if on such notice such owner or proprietor, or some other person on his behalf, shall not undertake the same, and give bond as aforesaid at the next succeeding court after the entering such order, then it shall and may be lawful for the said court, and they are hereby required, to cause such repairs and houses | Warehouses, state and condition of, to be reported by
inspectors. How repaired, and new ones erected. |
| to be made and built as aforesaid, and to levy the charge thereof on the inhabitants of their county, and shall and make take and receive annually a part of the rents established at such inspection, in proportion to the other houses there, for reimbursing the county the charge of such repairs and buildings: And if any county court shall refuse or fail to do their duty in directing such repairs or buildings, or causing the same to be made or built, every justice so failing or refusing shall forfeit and pay one thousand pounds of tobacco, to be recovered in the general court with costs, by action of debt or information against such justices jointly. Provided that where two or more inspections are established in one county, within the distance of one mile from each other, and it shall be necessary to build more warehouses at any of them, the court shall direct the building such additional houses at such of the said inspections as to them shall seem most proper; and if there shall be in the whole sufficient house room, according to the directions of this act, for one half of the tobacco brought to such inspections, the court shall not direct the building any other houses at any of them. | |
| IV. And be it further enacted, by the authority aforesaid, That on complaint made by the owner or owners of any of the warehouses aforesaid to any justice of the peace of the county wherein such warehouses shall lie against any person or persons, for breaking, tearing, or committing any waste or destruction of or in such warehouse or warehouses, it shall and may be lawful for such justice, and he is hereby empowered and required, to give judgment and award execution against the body or estate of such offender, if committed, for all damages occasioned ,by such breaking, tearing, waste or destruction, provided such damages do not exceed the sum of two pounds, in his opinion; and if such damages shall exceed that sum, then it shall and may be lawful for such owner or owners to commence and prosecute his, her, or their action at law, against any such offender, in any court of record within this colony. | The remedy for owners of warehouses when wasted or destroyed. |
| V. And be it further enacted, by the authority aforesaid, That from and after the twentieth day of October next the inspectors of tobacco at the several warehouses within this colony shall immediately, on the delivery of every hogshead of tobacco at the warehouses | Inspectors to give receipts. |
| whereof they are inspectors, give a receipt for such tobacco, if required by the proprietor or person bringing the same to the said warehouses, expressing therein that the same is for inspected tobacco. | |
| VI. And whereas by one act of assembly, made in the twentieth year of the reign of his said late majesty, entitled, An Act for granting an aid to his majesty for the better protection of this colony, and for other purposes therein mentioned, a duty of two shillings was imposed for every hogshead of tobacco passed and delivered out at and from the several warehouses in this colony between the twentieth day of October then next following and the twentieth day of October, in the year one thousand seven hundred and sixty-four; and by another act, made in the thirty-second year of the reign of his late majesty, entitled, An Act for granting an aid to his majesty for the better protection and defence of this colony, and for other purposes therein mentioned, the like duty of two shillings was imposed for every hogshead of tobacco so to be passed and delivered between the said twentieth day of October, one thousand seven hundred and sixty-four, and the twentieth day of October, one thousand seven hundred and sixty-seven; and by another act, made in the thirty-third year of the reign of his said late majesty, entitled, An Act for granting the sum of ten thousand pounds for the further protection of this colony, the like duty of two shillings was imposed for every hogshead of tobacco so to be passed between the said twentieth day of October, one thousand seven hundred and sixty-seven, and the twentieth day of October, one thousand seven hundred and sixty-nine; which duties the inspectors at the several warehouses are by the said acts directed and required to receive, account for, and pay to the treasurer of this colony, without fee or reward, which is found to be very unreasonable, Be it therefore enacted, by the authority aforesaid, That from and after the passing of this act the said inspectors shall be allowed, in their accounts to be settled with the treasurer, for the said duties, five per centum on the amount thereof, as a salary for their trouble in receiving, accounting for, and paying the same. | [thirtieth year] Commissions allowed inspectors, on duties imposed on tobacco. |
| VII. And be it further enacted, by the authority aforesaid, That transfer notes of any of the warehouses in the counties of Norfolk, Princess-Ann, Nansemond, | Transfer notes where to pass in payment. |
| and Elizabeth City, shall pass in payment of quit-rents, levies, and other officers fees, in either of the counties of Norfolk and Princess-Anne. | ||
| VIII. And be it further enacted, by the authority aforesaid, That out of every hundred pounds of tobacco which shall be paid in discharge of quit-rents, secretaries, clerks, sheriffs, surveyors, or other officers fees, in the counties hereafter mentioned, and so proportionably for a greater or lesser quantity, there shall be the following abatements or allowances to the payer; that is to say, for tobacco due in the county of Prince William, the person paying shall and may retain in his hands fourteen pounds of tobacco, and for tobacco due in the county of Fauquier, twenty pounds of tobacco. | The abatements. | |
| IX. And be it further enacted, by the authority aforesaid, That all and every clause and clauses in any of the before recited acts contained, or so much of thereof as is contrary to this act, shall be and are hereby repealed. | Repealing clause. | |
| X. And be it further enacted, That this act, together with so much of the said three recited acts of assembly as are not altered or amended by 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. VI. | ||
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| I. WHEREAS by an act of the general assembly, made in the twenty-second year of the reign of his late majesty king George the second, entitled, An Act concerning | Recital of act, prohibiting the putting sick or |
| Seamen, it is, among other things, enacted that if any master or commander should discharge, or cause to be put on shore, any sick or disabled sailor or sailors belonging to his ship or vessel, or any servant, without taking due care for their maintenance and cure, he should forfeit and pay ten pounds current money to the churchwarden or churchwardens of the parish wherein such sailor or sailors, or servant, should be put on shore, to be recovered with costs, by action of debt or information, in any county court, and applied towards lessening the parish levy; and he should also be liable to the action of the churchwardens of that or any other parish wherein such sailor or sailors, or servant, should become chargeable, for all expences of maintenance and cure, in which action no statue or act of limitation should be pleaded. | disable seamen on shore. |
| II. And whereas by one other act made in the same year, entitled, An Act for preventing frauds in the customs and in clearing of ships, for ascertaining collectors and naval officers fees, and to prohibit and prevent the casting ballast or dead bodies into rivers or creeks, it is, among other things, also enacted that having ballast to unlade, should give notice thereof in writing to some officer appointed in the district where the vessel rides, pursuant to that act, and appoint the time of such officer's attendance; and, at the time of his clearing out, should produce to the officer of the customs by whom he should be cleared a certificate of his having unladen and brought on shore his ballast, as by that act required: And if any such master should presume to unload any ballast before notice given as aforesaid, or cast or suffer he same to be cast overboard, or should land or suffer the same to be put on shore at any other place, or in any other manner than should be directed by the proper officer appointed by virtue of that act, he should forfeit and pay fifty pounds for every such offence; and if, at the time of his clearing out, he should fail to produce and deliver to the officer of the customs by whom he should be cleared such certificate as was therein before required, such failure should amount to a conviction, and he should he [be] adjudged guilty of a breach of that act and liable to the said penalty of fifty pounds. And further, that when any negro, or other person whatsoever, should die on board any ship or vessel within this dominion, | And of act regulating the unloading of ballast, and burial of bodies dying at sea. |
| the master of such ship or vessel should cause the dead body to be brought on shore and there buried above high water mark, four feet deep at the least, on penalty of forfeiting for his neglect therein, or suffering such dead body to be cast into the water, fifty pounds for every such offence; one moiety to the king, his heirs and successors, to be paid to the treasurer, and applied to the uses in the said act mentioned; the other moiety to the informer, recoverable with costs, by action of debt or information, in any court of record of this dominion. | |
| III. And whereas the forfeitures and penalties in the said recited acts of assembly mentioned are frequently incurred by the masters or commanders of ships and vessels in this colony, but the recovery thereof evaded by the persons incurring the same, leaving this colony before any action or suit brought for such forfeitures and penalties can be determined; and as no person sued on the said acts can, as the law now stands, be held to special bail, the prosecutions are rendered entirely useless, the masters or commanders of ships and vessels seldom having any estate in this colony, to levy the debt and costs on, after a recover obtained: For a remedy whereof for the future, Be it enacted, by the Lieutenant Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That on the appearance of the defendant in any action or suit brought or to be brought on the said in part recited acts of assembly, where the plaintiff shall move that the defendant may be held to special bail, the court may, if they see cause, rule him to give special bail accordingly, or commit him in custody of the sheriff until such bail be given; and the person and persons becoming special bail shall be liable to the judgment and recovery against such defendant, unless he render his body in execution in discharge of his bail, any law, custom or usage, to the contrary in any wise notwithstanding. | In actions founded on these statutes,
special bail may be required. |
| IV. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. VII. An Act for raising a Publick Levy. | |
| I. BE it enacted, by the Lieutenant Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That six pounds of tobacco be paid by every tithable person within this dominion for the defraying and payment of the publick charge of the country, being the publick levy, from the twenty-second day of February, one thousand seven hundred and fifty-none, to the sixth day of March, one thousand seven hundred and sixty-one; and that it be paid by the collectors of the several counties to the counties to the several persons and counties, respectively, to whom it is proportioned by this general assembly. | Taxes for 1761. |
| II. And if it shall happen that there shall be more tithables in any county than the present levy is laid on, then such county shall have credit for so much, to the use of the county; and if fewer tithables in any county, then such county shall bear the loss. | |
| III. Provided always, That where any allowance is made in the book of proportions to any county, to be paid in the same county, no more per poll shall be collected from the tithables of such county than will discharge the balance, after such allowance shall be deducted; and that every county court shall regulate the levy accordingly. | |
| IV. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the court of his county to be held in the months of September or October next, give bond and security for the due collection and payment of the publick levy now laid and assessed; and whereas there are several balances due to the publick from the following counties, to wit, the county of Amelia 5841, the county of Cumberland 7033,the county of Dinwiddie 860, the county of Goochland, 10,113, the county of Lunenburg 1859, the county of Prince Edward 1775, the county of Prince George 10,087, and the county of Southampton 2551, pounds of tobacco, as appears by the book of proportions, Be it further enacted by the authority aforesaid, That the sheriff of each of the said counties of Amelia, Cumberland, Dinwiddie, Goochland, | Sheriffs to give bond and security. Balances due from certain counties, when and how paid. |
| Lunenburg, Prince Edward, Prince George, and Southampton, shall sell the respective quantity of tobacco levied in his county, as a depositum for the use of the publick, to the highest bidder, at the court of his said county, to be held in the month of July next, after such tobacco shall become due, and pay the money arising from such sale to the treasurer of this colony for the time being, on or before the twentieth day of October thence next following: And if any sheriff shall neglect or refuse to pay the money arising from the sale of such tobacco, according to the directions aforesaid, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff, on a motion made to them by the treasurer, to give judgment against such sheriff and his securities for all the money arising on the sale of such tobacco, and thereon to award execution: Provided that such sheriff have ten days previous notice of such motion: | Remedy, by motion against sheriff. |
| V. And whereas divers large quantities of tobacco, due to the publick from the counties of Elizabeth City and Louisa in the year 1746, from the county of Surry in the year 1748, from the counties of King and Queen and Westmoreland in the year 1752, and from the counties of Charles City, Dinwiddie, Gloucester, Middlesex, New Kent, Prince George and Southampton, in the year 1759, have not been paid to the treasurer of this colony, according to the directions of the several acts of assembly passed in each of the aforesaid years, for raising the publick levy: Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for the general court, or the court of either of the said counties of Elizabeth City, Louisa, Surry, King and Queen, Westmoreland, Charles City, Dinwiddie, Gloucester, Middlesex, New-Kent, Prince-George and Southampton, on a motion to them made by the treasurer, to give judgment against the respective sheriffs of the said counties and their securities, or the executors or administrators of such sheriffs or securities, in case of the death of any of them, for all such quantities of tobacco, or money arising by the sale thereof, which the said sheriffs have failed to pay, according to the directions of the several acts of assembly aforesaid, and thereon to award execution: Provided that such sheriffs and securities, their executors or administrators, have ten days previous notice of such motion. | Old balances recoverable, by motion. |
| CHAP. VIII. An Act for regulating the practice of Attornies. | |
| I. FOR the better regulating attornies practising in the several courts of this colony, Be it enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the judges of the general court for the time being shall, and they are hereby empowered and required, to nominate and appoint from time to time such and so many of the council learned in the law, and attornies practising in the said court, as they shall think fit to examine into the capacity, ability and fitness, of such persons as shall from time to time apply to practice as attornies in the county courts, or other inferiour courts of this colony, and shall cause such nomination and appointment to be entered in the records of their court; which persons so nominated and appointed shall, at the time of their nomination, make oath before the general court that they will well and truly examine into the capacity, ability and fitness, of all such persons as shall make application to them for a license to practise as attornies, and that they will not grant a license to any person who shall not on examination to the best of their knowledge be found sufficiently qualified to practise as an attorney as aforesaid. | Examiners how appointed. |
| II. And be it further enacted, by the authority aforesaid, That every person desiring a license to practise as an attorney as aforesaid shall, before he be examined produce to the examiners a certificate from some county court, or other inferiour court; wherein he intends to practise, of his probity, honesty, and good demeanour, and shall also pay down to such examiners the sum of twenty shillings; after which it shall and may be lawful for such examiners, and they are hereby empowered and required, to proceed to make such examination, and to grant such license as aforesaid, under their hands and seals, or to refuse such license to the person so examined, according as he shall appear fit and qualified or not, on such examination: And if the persons appointed by the general court as | Method of obtaining a license. |
| aforesaid shall refuse to be sworn as aforesaid, or being sworn shall grant any license for the office of an attorney to any person applying to them without producing such certificate as herein before directed, or shall accept of or receive any greater fee or reward for the same than before mentioned, they shall respectively for every such offence forfeit and pay one hundred pounds; one moiety thereof 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 moiety to him or them that will inform or sue for the same, to be recovered with costs by action of debt or information in any court of record within this colony. | |||
| III. And every person obtaining a license as aforesaid, before he shall be admitted to practise as an attorney in any county court, or other inferiour court, shall before every such court take the oaths appointed by law to be taken instead of the oaths of allegiance and supremacy, and take ans subscribe the oath of abjuration, and subscribe the test, and shall also take the oath of an attorney as follows, to wit | |||
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An Attorney's oath. | ||
| And if any person whatsoever shall presume to practise as an attorney in any such county court, or other inferiour court, without a license first obtained, or without qualifying himself in such court in the manner of this act before mentioned, he shall for every such offence forfeit and pay the sum of fifty pounds for every cause he shall prosecute or defend in any of the said courts; one moiety to his majesty, his heirs and successors, for defraying the contingent charges of this government, and the other moiety to the informer, to be recovered by action of debt or information in any county court or other inferiour court in this colony. | |||
| V. Provided always, That no person that hath been, or hereafter shall be, convicted of any felonious crime or crimes, shall be capable to obtain such license; and where any person convicted of any felonious crime shall obtain a license, the judges of the general court, on proof thereof made to them, shall, by their order, supersede his license. | Who incapable of obtaining a license. |
| V. And be it further enacted, by the authority aforesaid, That if any attorney shall misdemean himself, and act contrary to his duty in his practise, the judges of the general court, on complaint and proof thereof made before them, may by their order supersede such attorney's license; but the judges may, at any times afterwards, when they shall think fit, permit such attorney to practise again under his former license. | Where an attorney misbehaves. |
| VI. Provided always, and it is hereby enacted and declared, That this act, or any thing therein contained, so far only as relates to obtaining license, shall not be construed to extend to any barrister at law, or any attorney now practising in the general court, or any attorney who hath heretofore been examined and obtained a license, pursuant to the laws then in force, to practise the law. | Barrister, privileges of. |
| VII. Provided also, That nothing in this act contained shall be construed to hinder the justices of any county court, or other inferiour court, from causing any attorney practising in such courts to find security for their good behaviour, or fining such attornies for misdemeanours, or contempts against them, in the same manner as if this act had never been made. | Power of county courts over attornies. |
| VIII. And be it further enacted, That if any attorney in any county court, or other inferiour court, shall wittingly or willingly be guilty of any neglect in any cause, the court before whom such cause shall be depending, on complaint and proof thereof made within six months after such neglect, shall have power and authority to order such attorney to pay all costs occasioned by such neglect. | Where attornies are negligent, &c. |
| IX. And to prevent frivolous suits in the general court, and trifling and vexatious appeals from the county courts and other inferiour courts, Be it further enacted by the authority aforesaid, That no attorney practising in the general court of this colony, during the time of practising therein, shall be admitted or suffered to prosecute or defend any cause or other matter in any county court, or other inferiour court, depending; and if any such attorney shall presume to act contrary hereto, he shall for every cause he shall so prosecute or defend forfeit and pay the sum of twenty pounds, one moiety to the party against whom he shall prosecute or defend such cause, the other moiety | Attornies cannot practise both in the general court and county courts. |
| to the informer, to be recovered with costs by action of debt, bill, plaint or information, in any court of record in this dominion. | |
| X. Provided nevertheless, That such attorney shall be at liberty to finish such cause in which he was before employed in any such courts, without incurring the penalties inflicted by this act: Provided also, That nothing herein contained shall be construed to extend to any barrister at law. | But may finish their causes in the county courts. |
| XI. And be it further enacted, by the authority aforesaid, That the judges of the general court shall not permit or suffer more than two lawyers to argue on one side in any cause hereafter to be commenced, except in cases of life and death; and for preventing lawyers taking unreasonable and exorbitant fees, and for the more equal settlement of the same, Be it further enacted by the authority aforesaid, That the lawyers in this colony shall not demand, nor directly or indirectly, or by any device, way or means whatsoever, take or receive, before the suit or suits they are or shall be employed in shall be finally determined, any greater or other fees or rewards for the following services than what are herein particularly mentioned and expressed, that is to say: Lawyers practising in the general court may demand or receive for an opinion or advice, where no suit is or shall be brought and prosecuted or defended by the attorney giving such advice, but not otherwise, one pound one shilling and six-pence, and in any suit at common law, other than the actions herein after mentioned, fifty shillings; in all chancery suits, or real mixed or personal actions, where the title or bounds of lands shall or may come in question, five pounds; and lawyers practising in the county courts, or other inferiour courts, for services to be by them done in such courts, may demand for an opinion or advice, where no suit is or shall be brought and prosecuted or defended by the attorney giving such advice, but not otherwise, ten shillings; and in any suit at common law, other than the actions hereafter mentioned, or by petition, fifteen shillings; in all chancery suits, or real mixed or person al actions, where the title or bounds of land shall or may come in question, thirty shillings; on a petition for a small debt seven shillings and six-pence; and any lawyer for attending a survey in the country, for every day he shall attend, may demand one pound sone shilling and | But two lawyers of a side. Fees of attornies. |
| six-pence, which last mentioned fee may be taxed in the bill of costs; and every lawyer exacting, taking, receiving or demanding, any greater fee or other reward for any of the above services, before he has performed the said services, or finished the said suits, shall forfeit and pay fifty pounds for every offence; one half 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 half, to the informer, to be recovered by action of debt or information in any court of record within this colony. | |
| XII. And be it further enacted, by the authority aforesaid, That no lawyer, in any suit to be brought for his fees or services, shall recover more than the fees above mentioned, notwithstanding any agreement, contract or obligation, made or entered into by the party against whom such suit shall be brought. | Lawyers cannot recover more than the fees established. |
| XIII. And be it further enacted, That all and ever other act and acts, clause and clauses, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed; and that this act shall continue and be in force for an during the term of five years, and from thence to the end of the next session of assembly. | Repealing & continuing clause. |
| CHAP. IX. An Act for appointing several new Ferries. | |
| I. WHEREAS it is represented to this present general assembly that publick ferries at the places hereafter mentioned will be of great advantage to travellers and others, Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That publick ferries be constantly kept at the following places, and that the rates for passing the same shall be as follow; that is to say, from the land of Robert Harper, in the county of Frederick, over Potowmack river, to his land on the opposite side, in the province of Maryland, the price for a man | New ferries established. Rates for man and horse. |
| three pence, three farthings, and for a horse the same; from the land of William Cabel, on the north side of the Fluvanna river, opposite to the lower point of Wood's-Island, in the county of Albemarle, to the land of the said Cabel, on the south side of the said river, at a place called Hughes's-Valley, the price for a man three pence, and for a horse the same; from the land of John Buchanan on the north side of James river, in the county of Augusta, to his land on the other side of the said river, the price for a man three pence, and for a horse the same; from the land of George Brooke, in the county of King and Queen, over Mattapony river, at a place commonly called Mantapike, to the land of William Frazier, in the county of King William, the price for a man sixpence, and for a horse the same; from the land of the said Frazier to the land of the said Brook, the price for a man sixpence, and for a horse the same; from the land of John Read, over the western branch of Nansemond river, in the county of Nansemond, to the land of Jeremiah Godwin, the price for a man threepence, and for a horse the same; from the land of Samuel Jones, on the south side of Roanoke river, in the county of Lunenburg, to the land of Frederick Jones, on the north side of the said river, the price for a man threepence, and for a horse the same; from the land of William Fuqua, on the north side of Staunton river, in the said county, to the land of Walter Coles, on the opposite side of the said river, the price for a man three pence, and for a horse the same; from the land of Robert Cobbs, in the county of Halifax, on the south side of Staunton rive, to the opposite landings, in the county of Lunenburg, the price for a man threepence, and for a horse the same; from the land of James Steward, in the county of Halifax, on the south side of Staunton river, to the land of Thomas Steward, on the opposite side of the said river, in the county of Lunenburg, the price for a man three pence, and for a horse the same; from the land of William Roberts, on the north side of Dan rive, in the county of Halifax, to the land of Harry Gaines, on the opposite side of the said river, the price for a man threepence, and for a horse the same. | |
| II. And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the places aforesaid, the ferry keeper may demand and take the following rates; that is to say, for every coach, chariot or waggon, and the driver thereof, the same as | Rates for carriages, cattle, &c. |
| for six horses; for every cart or four wheel chaise, and the driver thereof, the same as for four horses; for every two wheel chaise or chair, the same as for two horses; for every hogshead of tobacco as for one horse; for every head of neat 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 if any ferry keeper shall presume to demand and receive from any person or persons whatsoever any greater rate than is hereby allowed for the carriage or ferriage of any thing whatsoever, he or they for every such offence shall forfeit and pay to the party grieved the ferriages demanded and received, and ten shillings, to be recovered with costs before any justice of the peace of the county where such offence shall be committed. | Penalty for exceeding legal rates. | |
| IV. And where a ferry is by this act appointed on one side of a river, and none of the other side answerable thereto, it shall be lawful for the respective county courts to appoint an opposite ferry, and to allow the respective rates herein before directed; and such courts shall and may, and are hereby required, to order and direct what boat or boats, and what number of hands, shall be kept at each ferry respectively; and every such ferry keeper shall enter into bond in the manner directed by an act of assembly made in the twenty-second year of the reign of his late majesty king George the second, entitled, An Act for the settlement and regulation of ferries, and for despatch of publick expresses, and shall be subject and liable to the penalties thereby inflicted for any neglect or omission of their duty. | County courts may establish opposite ferries. | |
| CHAP. X. | ||
| ||
| I. FOR the greater ease and benefit of all persons whatsoever in taking the recognizance of special bail on all actions and suits depending, or to be depending, | Commissioners in the country empowered |
| in the general court of this colony, Be it enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the judges or justices of the general court of this colony shall and may, by order of the said court, from time to time, as need shall require, empower such and so many persons as they shall think fit and necessary in all and every the counties within this colony to take and receive all and every such recognizance or recognizances of bail as any person or persons shall be willing or desirous to acknowledge or make before any of the persons so empowered, in any action or suit depending or hereafter to be depending in the said general court, de bene esse, which recognizance shall be in the following words, to wit: | to take special bail on suits in the general court. |
| Memorandum, That on the day of in the year of our Lord E. F. of the county of personally appeared before me, G. H. gent. one of the persons appointed by the honourable the general court for taking special bail within the said county of and undertook for C. D. at the suit of A. B. in an action of now depending in the said general court, that in case the said C. D. shall be case in the said suit, he the said C. D. will pay and satisfy 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. | Form of recognizance. |
| Which said recognizance or recognizances of bail shall be transmitted by the person taking the same, before the next succeeding general court, to the clerk of the secretary's office, to be filed with the papers in such action or suit; 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 h is attorney, at least ten days before the eighth day of 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 the court. | Bail, how excepted to. |
| II. And be it further enacted, by the authority aforesaid, That the person taking such bail as aforesaid shall, at the same time, deliver to the person or persons acknowledging the recognizance aforementioned a bail piece in the form and words following, to wit: | ||
| C. D. of the parish of in the county aforesaid, is delivered to bail on a Cepi Corpus unto E. F. of the parish and county aforesaid, at the suit of A. B. the day of in the year of our Lord 17 | Form of bail piece. | |
| CHAP. XI. | ||
| ||
| I. WHEREAS by one act of assembly made in the thirty-second year of the reign of his late majesty king George the second, entitled, An Act for reducing the several acts for licensing pedlars and preventing frauds in the duties on skins and furs into one act, it is among other thins enacted that every collector of the said duties should, at the time of accounting for the same with the person or persons by his commission directed, return true lists of all licenses by him granted and bonds thereon taken, from time to time; which many collectors have hitherto neglected to do, and the fees arising from the said licenses by that means are seldom paid according to the intent of that act: For remedy whereof, for the future, Be it enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That every collector granting such licenses shall, in the months of April and October annually, return on oath to the governour, or commander in chief of this colony, and to the president and masters of the college of William and | Recital. |
| Mary for the time being, true lists of all licenses by him granted and bonds taken thereon, by virtue of the said in part recited act. | |
| II. And if any collector appointed, or to be appointed, in pursuance of the said act, shall refuse or neglect to render an account, and return such lists as aforesaid, he shall forfeit and pay the sum of twenty pounds for every such refusal or neglect, to be recovered in the same manner, and applied to the same uses, as recoveries on breaches of bonds are by the said act directed to be. | Penalty on collectors failing to return lists of pedlars' licenses. |
| CHAP. XII. An Act for establishing the town of Woodstock, in the county of Frederick. | |
| I. WHEREAS the establishing towns in the frontiers of this colony may be of great benefit to the inhabitants, by encouraging many of them to settle together, which will enable them the better to defend their lives and properties on any sudden incursion of an enemy, and will also promote trade and commerce; and whereas it hath been represented to this present General-Assembly that Jacob Miller, of the county of Frederick, hath laid off twelve hundred acres into streets and lots, ninety-six acres of which are divided into lots of half an acre each, and the residue into streets and lots of five acres each, and that several persons are now settled there, and many others would soon purchase and reside there if the same was by law erected into a town: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses of this present General-Assembly, and it is hereby enacted by the authority of the same, that the land so laid out by the said Jacob Miller, in the said county of Frederick, shall be, and the same is hereby, established a town, and shall be called and known by the name of Woodstock. | Town of Woodstock, in Frederick county established. |
| II. And be it further enacted, by the authority aforesaid, That Cornelius Riddel, John Skeen, Burr Harrison, Matthew Harrison, Joseph Langdon, Moses Striker, |
| Adam Yeaker, Jacob Miller and Peter Hainger, gentlemen, shall be, and they are hereby, nominated, constituted and appointed, directors and trustees for the said town; and the said trustees and directors, or any three of them, shall and may, and they are thereby authorized and empowered, to make from time to time such orders, rules and directions, for the regular and orderly building the houses in the said town as to them shall seem expedient, and also to settle all disputes and controversies concerning the bounds of the lots in the said town. | |
| III. And be it further enacted, that as soon as the said lots shall be built on and saved, according to the conditions of the deeds of conveyance thereof, the freeholders and inhabitants thereof shall then be entitled to have and enjoy all the rights, privileges and immunities, granted to and enjoyed by the freeholders and inhabitants of other towns erected by act of Assembly in this colony. | |
| IV. And be it further enacted, by the authority aforesaid, that in case of the death, removal out of the country, or other legal disability of any one or more of the trustees and directors before-named, it shall and may be lawful for the surviving or remaining trustees to elect and choose so many other persons in the room of those so dead, removed or disabled, as shall make up the number of five; which trustees so chosen shall to all intents and purposes, be vested with the same power as any other in this act particularly and expressly nominated and appointed. |
| Pages 369-379
| Pages 407-433
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