Pages 349-368 
|  Pages 389-409
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| Pages 349-368
| Pages 389-409
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| CHAP. XXV. | ||
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| I. WHEREAS it is represented to this present general assembly, that public ferries at the places hereafter mentioned will be of great advantage to travellers and others: Be it therefore enacted, by the 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; that is to say, from the land of Benjamin Foreman, in Frederick county, over Potowmack river, to the land of the right honourable lord Baltimore, in Maryland, the price for a man three pence | Ferries and rates of ferriage at certain places, for men, &c. |
| three farthings, and the price for a horse the same; from the land of Benjamin Howard, in the county of Buckingham, across the Fluvanna river, to the land of Neil Campbell, in the county of Albemarle, the price for a man three-pence, and the price for a horse the same; from the land of William Simms, in the county of Halifax, across Staunton river, to the land of John Randolph, in the county of Charlotte, the price for a man three-pence, and the price for a horse the same; from the land of John Nicholas, in the county of Buckingham, across Slate river, to the land of the said Nicholas, opposite thereto, the price for a man three-pence, and the price for a horse the same; from the land of Harman Miller, in the county of Halifax, across Dan river, to the land of James Legrand, opposite thereto, the price for a man three-pence, and for a horse the same; from the land of Thomas Aubrey, in the county of Loudoun, across Potowmack river, to the land of James Hook, in Maryland, the price for a man three-pence three farthings, and for a horse the same; from the land of Daniel Cargill, in the county of Charlotte, across Staunton river, to the land of John Foushee, in the county of Halifax, the price for a man three-pence, and for a horse the same; from the land of Richard Jones, in the county of Halifax, across Dan river, to the land of the reverend Miles Selden, opposite thereto, the price for a man three-pence, and for a horse the same. And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the ferries aforesaid, the ferry keepers may demand and take the following rates; that is to say, for every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart or four wheeled chaise the same as for four horses; for every two wheeled 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. And if any of the said ferry keepers shall presume to demand or receive from any person or persons whatsoever, any greater rates than is hereby allowed for the carriage or ferriage of any thing whatsoever, he, she, or they, for such offence, shall forfeit and pay to the party grieved the ferriage demanded or received. | Carriages, &c. Penalty on ferry keeper demanding more than legal rates. |
| and ten shillings, to be recovered, with costs, before any justice of the peace, where the offence shall be committed. And where a ferry is by this act appointed on one side of a river, and none on the other side answerable thereto, it shall and may 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 in to bond in the manner directed by one act of assembly, made in the twenty-second year of his late majesty's reign, intituled An act for the settlement and regulation of ferries, and for dispatch of public expresses, and shall be liable to the penalties thereby inflicted for any neglect or omission of their duty. | County courts may appoint opposite ferries, &c. and
direct the number of boats, &c. Ferry keeper to enter into bond. |
| II. And whereas by an act of the general assembly, passed in the seventh year of his present majesty's reign, the rates of ferriage at Swan's Point, James-Town, and Crouche's creek, were increased, which hath since been found burthensome to divers inhabitants of this colony: Be it therefore enacted, by the authority aforesaid, That so much of the act of the general assembly, intituled An act for increasing the rates of ferriage at Swan's Point, James-Town, and Crouche's creek, and for other purposes therein mentioned, as relates to the increase of the said ferriage be, and the same is hereby repealed, and made void. | |
| III. And whereas by an act of the general assembly, passed in the twenty-second year of his late majesty's reign, ferries were established from Tappahannock town, in the county of Essex, to the land of Landon Carter, esq. in the county of Richmond; from Hackley's land, on the north side of Rappahannock river, to the land of Richard Corbin, esq. in the county of Caroline; from the land of William Lowry, in the county of Essex, to the land of Benjamin Rust, in the county of Richmond, and from the said Rust's to the said Lowry's; and from the land of Richard Eppes, at City Point, in the county of Prince George, to the ship-landing at Shirley Hundred, in the county of Charles City, and from the said ship-landing to the City Point, which said several ferries are now become useless and inconvenient: Be it therefore enacted, by the authority aforesaid, That so much of the act of the general assembly, intituled An | Former ferries discontinued. |
| act for the settlement and regulation of ferries, and dispatch of public expresses, as relates to the appointment of the said several last mentioned ferries be, and the same is hereby repealed and made void. | |
| IV. And be it further enacted, That so much of the act of general assembly made in the fourth year of the reign of his present majesty, intituled An act for exempting the inhabitants of Elizabeth City county, and also the ministers and other parishioners of Suffolk, in Nansemond, and of Antrim parish in Halifax, from the payment of ferriage over Nansemond river, be and is repealed. | Part of 4 Geo. III. (1764) cap. 11, repealed. |
| V. And whereas doubts and disputes have often arisen, to the great delay and hindrance of passengers, about the right which a person appointed to keep a ferry on one side of a river or creek hath to take in a fare on the opposite shore, and to receive the pay for ferrying over, Be it therefore enacted, by the authority aforesaid, That it shall and may be lawful for any keeper of a ferry to take into his boat or boats, any passenger or passengers, carriage, horses and cattle of any kind whatsoever, on either side, to convey them over, and to receive the ferriage for the same; any law, usage, or custom, to the contrary, in any wise, notwithstanding. | Ferry-keepers may bring passengers, &c. from opposite shore, and receive the ferriage. |
 CHAP. XXVII. An act to regulate the inoculation of the Small-Pox within this colony. | |
| I. WHEREAS the wanton introduction of the Small-Pox into this colony by inoculation, when the same was not necessary, hath, of late years, proved a nuisance to several neighbourhoods, by disturbing the peace and quietness of many of his majesty's subjects, and exposing their lives to the infection of that mortal distemper, which, from the situation and circumstances |
| of the colony, they would otherwise have little reason to dread: To prevent which for the future, Be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That if any person or persons whatsoever, shall wilfully, or designedly, after the first day of September next ensuing, presume to import or bring into this colony, from any country or place whatever, the small-pox, or any variolous or infectious matter of the said distemper, with a purpose to inoculate any person or persons whatever, or by any means whatever, to propagate the said distemper within this colony, he or she, so offending, shall forfeit and pay the sum of one thousand pounds, for every offence so committed; one moiety whereof shall be to the informer, and the other moiety to the churchwardens of the parish where the offence shall be committed, for the use of the poor of the said parish; to be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this dominion. | Penalty for importing matter to inoculate the small pox. |
| II. But forasmuch as the inoculation of the small-pox may, under peculiar circumstances, be not only a prudent but necessary means of securing those who are unavoidably exposed to the danger of taking the distemper in the natural way, and for this reason it is judged proper to tolerate it, under reasonable restrictions and regulations: | |
| III. Be it therefore enacted, by the authority aforesaid, That from and after the said first day of September next, if any person shall think him or herself, his or her family, exposed to the immediate danger of catching the said distemper, such person may give notice thereof to the sheriff of any county, or to the mayor or chief magistrate of any city or corporation, and the said sheriff, mayor, or chief magistrate, shall, immediately, and without loss of time, summon all the acting magistrates of the said county, city, or borough, to meet at the most convenient time and place in the said county, city, or borough, and the said magistrates, or such of them as shall be present, being assembled, shall consider whether, upon the whole circumstances of the case, inoculation may be prudent or necessary, or dangerous to the health and safety of the neighbourhood, and thereupon either grant a licence for such inoculation, under such restrictions and regulations as they shall judge necessary and proper, or prohibit the same, as to them, or a majority of them, shall seem expedient. | Inoculation, necessary, tolerated under restrictions and regulations. |
| IV. And be it further enacted, by the authority aforesaid, That if any person or persons shall inoculate, or procure inoculation of the small-pox to be performed within this colony, without obtaining a licence in the manner before directed, or shall not conform to the rules and regulations prescribed by such justices, he, she, or they, shall forfeit and pay respectively, for every such offence, the sum of one hundred pounds; one moiety whereof shall be to the informer, and the other moiety to the churchwardens of the parish wherein such offence shall be committed, for the use of the poor of the said parish; to be recovered, with costs, by action of debt, bill, pliant, or information, in any court of record within this dominion. And moreover it shall and may be lawful for any justice of the peace, upon information given to him, upon oath, to issue his warrant against any person so offending, and upon sufficient proof, before him made, to cause such offender to give security, in such reasonable penalty as such justice shall think fit, for his or her good behaviour, and upon failure to give such security, to commit him or her to the gaol of his county, there to be confined until such security is given. | Penalty for inoculating without licence, &c. |
| V. And whereas checking of the progress of the said distemper, where it may accidentally break out, or the regulations which may be established for carrying on inoculation, may be attended with some expence: Be it therefore enacted, by the authority aforesaid, That it shall and may be lawful for the justices of the court of every county, at the time of laying their levy, and for the mayor, recorder, aldermen, and common council, of any city or borough, at such time as they shall judge most convenient, to levy on the tithable persons in their said county, city, or borough, so much tobacco or money as will be sufficient to defray the expences necessarily incurred for the purposes aforesaid, in any such county, city, or borough. | In checking small pox, or expences attending the regulations for carrying on inoculation how to be defrayed. |
| VI. And be it further enacted, by the authority aforesaid, That if any sheriff, mayor, or chief magistrate, shall, upon application to him made, in manner aforesaid, refuse, or unreasonably delay, to summon the magistrates of any county, city, or borough, for the purpose aforesaid, or if any magistrate so summoned, shall refuse or neglect to attend according to such summon, every such sheriff, mayor, or chief magistrate, shall forfeit | Penalty upon magistrates, &c. for breach of duty. |
| the sum of one hundred pounds, upon his refusing or neglecting to give such notice, without reasonable excuse; and every other magistrate so refusing or neglecting, without reasonable excuse, shall forfeit and pay the sum of five pounds, to the person aggrieved; to be recovered, with costs, by action of debt, in any court of record within this dominion. | ||
| CHAP. XXVII. | ||
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| I. WHEREAS the laws now in force are not sufficient to provide for the security and indemnifying the parishes from the great charges frequently arising from children begotten and born out of lawful matrimony: For remedy whereof, Be it enacted, by the 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 this act, if any single woman, not being a servant or slave, shall be delivered of a bastard child which shall be chargeable, or likely to become chargeable, to any parish, and shall, upon examination to be taken in writing, upon oath, before any justice of the peace of the county wherein such parish shall lie, charge any person, not being a servant, with being the father of such bastard child, it shall and may be lawful for any justice of the peace of the county wherein the person so charged shall be a resident or inhabitant, upon application made to him by the churchwardens of the parish wherein such child shall be born, or by any one of them, to issue his warrant for the immediate apprehending the person so charged as aforesaid, and for bringing him before such justice, or before any other justice of the peace of the county wherein his is a resident or inhabitant; and the justice before whom such person shall be brought is hereby authorized | Method of proceeding to compel the fathers of bastard children, born of free single women, to indemnify the parish from the charge of their maintenance. |
| and required to commit the person so charged as aforesaid to the common goal of his county, unless he shall enter into a recognizance, with sufficient security, in the sum of ten pounds, upon condition to appear at the next court to be held for such county, and to abide by and perform such order or orders as shall be made by the said court; and if, upon the circumstances of the case, such court shall adjudge the person so charged to be the father of such bastard child, and that such child is likely to become chargeable to the parish, they shall, and may, by their discretion, take order for keeping such bastard child, by charging the father with the payment of money or tobacco for the maintenance of such child, in such manner, and in such proportions, as they shall think meet and convenient, and for such time as such child is likely to become chargeable to the parish, and no longer. And the father of such child shall enter into a recognizance, with sufficient securities, before the said court, in such sum as the said court, in their discretion, shall think fit, payable to his majesty, his heirs and successors, to observe and perform such order or orders of the court as aforesaid. And if the father, charged with the maintenance of such bastard child as aforesaid, shall make default, and not pay the money or tobacco so as aforesaid charged upon him by order of the said court, to the churchwardens of the parish, for the maintenance of such child, the court before whom such recognizance was entered into, shall, from time to time, upon the motion of the churchwardens of the said parish, or any one them, enter up judgment and award execution for the money or tobacco in such order or orders mentioned, as the same shall become due, against the said father and his securities, their executors or administrators; provided ten days notice be given to the parties against whom such motion is made, before the making thereof. And if the father of such child shall refuse to enter into recognizance as aforesaid, such father shall be committed by the said court to the common gaol of the county, there to remain, without bail or mainprize, until he shall enter into such recognizance as aforesaid, or until he shall discharge himself by taking the oath of an insolvent debtor, and delivering in a schedule of his estate in manner directed, by the laws now in force, for debtors in execution* (and which estate shall, by |
| order of the court, be applied towards indemnifying the parish as aforesaid) or until the churchwardens of the parish concerned shall otherwise consent to his discharge. | *See 22 Geo. II (1748) cap. 8, of the edit. in 1760 sect. 2 |
| II. Provided always, That it shall not be lawful for any justice, or justices of the peace, to send for any woman whatsoever, before she shall be delivered, in order to her being examined concerning her pregnancy, or compel her to answer any questions relating thereto, before her delivery. | Woman not compellable, before delivery, to be examined, &c.
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| III. And be it further enacted, by the authority aforesaid, That if any single woman, not being a servant, shall be delivered of a bastard child, she shall be liable to pay the sum of twenty shillings, current money of Virginia, to the churchwardens of the parish wherein she shall be delivered; to be recovered, with costs, before a justice of peace, and on such judgment execution may issue as in other cases: But the persons so convicted shall not be liable to be whipped for failing to make payments, [payment,] or to give security for such fine, any law to the contrary notwithstanding; which fine, recovered as aforesaid, shall be applied by the churchwardens to the use of the poor of the parish. | Penalty upon her for having a bastard; Not to be whipped, &c. |
| IV. And be it further enacted, by the authority aforesaid, That every such bastard child shall be bound apprentice by the churchwardens of the parish, for the time being, wherein such child shall be born, every male until he shall attain the age of twenty-one years, and every female until he shall attain the age of eighteen years, and no longer; and the master or mistress of every such apprentice shall find and provide for him or her diet, cloaths, lodging, and accommodations fit and necessary, and shall teach, or cause him or her to be taught to read and writ, and at the expiration of his or her apprenticeship, shall pay every such apprentice the like allowance as is by law* appointed for servants, by indenture or custom, and on refusal, shall be compellable thereto in like manner. And if, upon complaint made to the county court, it shall appear that any such apprentice is ill used, or not taught the trade or profession to which he or she may be bound, it shall be lawful for such court to remove and bind him or her to such other person or persons as they shall think fit. | Bastard children to be bound apprentices; how to be maintained, &c. 27 *Geo. II. (1753) cap. 2, of the edit. in 1769, sect. 8. |
| V. And whereas by an act of assembly made in the twenty-seventh year of the reign of King George the | * Sect. 13. |
| second, intituled An act for the better government of servants and slaves, it is amongst other things enacted, if any woman servant shall be delivered of a bastard child, within the time of her service, that, in recompense for the loss and trouble occasioned her master or mistress thereby, she shall, for every such offence, serve her said master or owner one whole year, after her time, by indenture, custom, or former order of court, shall be expired, or pay her master or owner one thousand pounds of tobacco; and the reputed father, if free, shall give security to the churchwardens of the parish to maintain the child, and keep the parish indemnified, or be compelled thereto, by the order of the county court, upon the compliant of the churchwardens. And whereas it frequently happens that convict servants are delivered of such bastard children, who, being disabled to give testimony, cannot be examined, nor for that reason can the reputed father of such bastard child be discovered, and the parish indemnified, from the charge of its maintenance: For remedy whereof, | |
| VI. Be it enacted, That where any convict servant woman shall be delivered of a bastard child, during the time of her service, the master or owner of such servant shall be obliged to maintain such child, or be compelled thereto by the county court, on complaint of the churchwardens, and, in consideration of such maintenance, shall be intitled to the service of such child, if a male until he shall arrive to the age of twenty-one years, if a female until she shall arrive to the age of eighteen years. | Master of convict servant women to maintain their bastard children, and be entitled to their service till certain ages; |
| VII. Provided always, That such master or owner shall find and provide for such child, the like accommodations, education, and freedom dues, and shall be compelled to answer his or her complaint, made to the county court, for default therein, or for ill usage, in like manner, as is before directed in the case of other apprentices. | And provide for their education, &c. |
| VIII. And be it further enacted, That all and every act and acts, clause and clauses, heretofore made, as to so much thereof as is contrary to this act, be, and the same are hereby repealed. | Repealing clause. |
| CHAP. XXVIII. | ||
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| I. WHEREAS several persons of insane and disordered minds have been frequently found wandering in different parts of this colony, and no certain provision having been yet made either towards effecting a cure of those whose cases are not become quite desperate, nor for restraining others who may be dangerous to society: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the honourable John Blair, William Nelson, Thomas Nelson, Robert Carter, and Peyton Randolph, esquires, and Robert Carter Nicholas, John Randolph, Benjamin Waller, John Blair, jun. George Wythe, Dudley Digges, jun. Lewis Burwell, Thomas Nelson, jun. Thomas Everard, and John Tazewell, esquires, be, and they are hereby constituted trustees for founding and establishing a public hospital, for the reception of such persons as shall, from time to time, according to the rules and orders established by this act, be sent thereto. And the said trustees shall be called and known by the name and style of the court of directors of the public hospital, for persons of insane and disordered minds. | Lunatic hospital. Trustees appointed. For reception of idiots, &c. Style of corporation. | |
| II. And for the better and more regular ordering the business of the said hospital, the said directors shall, at their first meeting, proceed to the choice of a president, who, with any six of the other directors, at their first meeting, proceed to the choice of a president, who, with any six of the other directors, shall hold a court for the dispatch of business, and in case to the absence, sickness, or death of the said president, the other members of the said court may choose another president, either perpetual or temporary, as the exigency of affairs may require; and in case of the death, resignation, or absence out of the colony for the space of two years of one or more of the said directors, the president, for the time being, and the rest of the directors, continuing in office, shall and may proceed to the choice of other fit and able persons, to supply all such vacancies. | To choose a President, And supply vacancies happening by death, &c. |
| II. And be it further enacted, by the authority aforesaid, That the said court of directors be, and they are hereby impowered to purchase a piece or parcel of land, not exceeding four acres, the most healthy in situation that can be procured, and as convenient as may be to the city of Williamsburg, and to contract for the building thereon a commodious house or houses, fit for the reception and accommodation of such disordered persons as are described by this act, and to provide a proper keeper and matron of the said hospital, with necessary nurses and guards, and, as occasion may require, to call in any physicians or surgeons for the assistance and relief of such poor patients, and to provide all necessaries for their comfortable support and maintenance, and in general, from time to time, to make and ordain all such rules, orders, and regulations, for the better establishing and governing such hospital, as to them shall seem fit and necessary. And for the better and more regular determining who are the proper objects of this act. | To purchase ground, &c. Build houses, Provide keeper, &c. Employ physicians, &c. And ordain rules. |
| III. Be it further enacted, by the authority aforesaid, That any magistrate of the quorum, in any county within this colony, or any chief magistrate of any city or borough, either upon his own knowledge, or on proper information, that any such disordered person is going at large in his county, city, or borough, shall, and he is hereby required to issue his warrant to the sheriff, or any one of the constables of the said county, city or borough, commanding him to bring such person before himself, or any justice of the quorum, and any other two magistrates, which three magistrates, being assembled, may examine the said person supposed to be disordered in his or her senses, and take such evidence in writing, touching his or her insanity, and the causes of it, as they can procure; and if it shall appear expedient and necessary to such magistrates, or a majority of them, they shall forthwith, by warrant under their hands and seals, transmit such disordered person, together with the depositions taken before them, either with or without a guard, as may seem necessary, to the public hospital, to be delivered to the keeper of the said hospital, who shall give a receipt for such person, and immediately give notice to the president of the directors, who shall in convenient time summon his court to consider what is farther necessary to be done; and if it shall appear to such court, that such person is a proper | Who to be received into the hospital. And how to be sent thither, Received. |
| object of this act, they shall enter his name in a book to be kept for this purpose, and pursue such measures as his or her case may require. | And registered. |
| IV. Provided always, If any friend of such person will appear before such magistrates, or such court of directors, and give sufficient security that proper care shall be taken of such person, and that he or she shall be restrained, or secured from going at large till he or she shall be restrained, or secured from going at large till he or she is restored to his or her senses, it shall and may be lawful for such justices, or such court, to deliver such such insane person to his or her friend. | Person of insane mind may be delivered to a friend, giving security, &c. |
| V. And be it further enacted, by the authority aforesaid, That the sheriff or other officer conveying such disordered person to the pubilc hospital, shall receive such compensation for his trouble and expences as to the court of directors shall seem reasonable, having regard to the quality of such person. | Officer's allowance for removing. |
| VI. And be it further enacted, by the authority aforesaid, That the treasurer of this colony for the time being is hereby impowered and required to pay, upon the governor's warrant, to the court of directors, for purchasing the land, building the hospital, and other incidental charges, any sum or sums of money, not exceeding the sum of twelve hundred pounds, and for each person removed, to be maintained and supported in the said hospital, any sum not exceeding twenty-five pounds per annum. | Money to be paid for purchasing and building, and for support of ideots; &c. |
| VII. And whereas it may happen, that some persons may fall into the unhappy circumstances described by this act, whose estates may be sufficient to defray the expence of their support and maintenance in the said hospital, where they may be more securely kept and managed, and with much less anxiety to their friends: Be it further enacted, by the authority aforesaid, That it shall and may be lawful for the court of any county, city or borough, within this colony, upon application to them made by the friend or guardian of any such insane or disordered person, to appoint three or more of their members to enquire, upon oath to be taken before such court, into the state and condition of such person, and also into the circumstances of his or her estate; and if, upon the report of the persons so appointed, it shall appear to such court necessary or expedient, that such person should be placed in the said hospital, the said court is hereby impowered and required to order and direct such person to be forthwith removed | Persons of unsound minds, having estate, may be removed to the hospital. |
| thereto, and at the same time to settle the allowance to be made to the said hospital for such person's support and maintenance out of his or her estate having regard to the neat profits thereof. | ||
| VIII. And be it further enacted, by the authority aforesaid, That the said court of directors are hereby impowered and required to receive such person into the said hospital, and, from time to time, to make and ordain such rules and orders for the better government of such person, according to his or her quality, and the allowance made out of his or her estate, as to them shall seem necessary or expedient. And the said court of directors are hereby directed and required to keep distinct and proper accounts of the expenditure of all such monies which shall be paid into their hands, to be laid before the general assembly, when the same shall be called for. | And received by the trustees, who may ordain rules for their
government, and allowances out of the estate. Trustees to lay their accounts before the general assembly. | |
| IX. And be it further enacted, by the authority aforesaid, That if any person who shall be taken into the said hospital, shall recover his or her perfect senses, so that he or she, in the opinion of the said court of directors, may be safely released, it shall and may be lawful for the said court to discharge such person, giving him or her a proper certificate thereof. | When a person taken into the hospital may be discharged. | |
| X. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force for and during the term of five years, and from thence to the end of the next session of assembly. | Continuance. | |
| CHAP. XXIX. | ||
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| I. WHEREAS many of the inhabitants of this colony do not make tobacco to pay their levies, and others are so remote from the public warehouses, that they cannot conveniently carry their tobacco to be inspected before the tenth day of April yearly, when distress may be made for such levies, whereby such persons are subject | Recital. |
| to great oppression from the sheriffs and other collectors, who exact an unreasonable and exorbitant price for such levies in money, and afterwards purchase transfer tobacco at an under rate, to pay the county and parish creditors, taking to themselves the whole gain they so unjustly extort from the people: For remedy whereof, Be it enacted, by the 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 August next, all allowances now directed to be levied by the county courts, for the secretary, clerks, and sheriffs, for public and other services, be levied and assessed in money, in lieu of tobacco, after the rate of two-pence per pound; and all contracts hereafter to be made by any county court or vestry shall be made payable in money, and such courts and vestries shall lay their levies in money, and proportion the same upon the tithable persons within their counties and parishes; but such courts and vestries respectively shall also, at the same time, settle what quantity of tobacco may be paid for each tithable, in lieu of the said money levy, and it shall and may be lawful for all persons chargeable with such county and parish levies to pay the same in money or tobacco, at their option, according to such proportions; and if any person chargeable with such levies shall neglect or refuse to pay the same to the sheriffs or other collectors, in money or tobacco as aforesaid, before the tenth day of May yearly, such sheriffs or collectors shall and may distrain for the same, in manner as is now directed by law. | Allowances to be levied by county courts for secretary, &c.
shall be levied and assessed in money for tobacco at 2 d. per lb. and contracts by courts
and vestries shall be payable in money, and the levies may be paid in money or tobacco, to be
rated by the courts or vestries and shall be collected before 10th of May. |
| II. Provided always, That any distress taken and sold for such levies, shall be sold for money, | Distress shall be sold for money. |
| II. And be it further enacted, by the authority aforesaid, That every sheriff or collector shall, at the court held for his county, in the month of June yearly, or if there shall be no court in that month, then at the next succeeding court, lay before the court an account, upon oath, of all tobacco and money which he shall have received for levies, expressing in such list of whom the same was received; and after such account exhibited, and oath made, such sheriff or other collector shall sell all the tobacco by him received at public auction, at the door of the court-house, between the hours of two and four, and shall, within ten days after such sale, pay each creditor their respective demands in money; and | Sheriff, &c. shall in June lay an account before the court of
his collection; And sell the tobacco, and pay the money to the creditors. |
| if any sheriff or other collector shall refuse or delay to make payment accordingly, when required, it shall be lawful for the court of his county, and they are hereby authorized and required, upon the motion of any creditor unpaid, to give judgment for the amount of any such claim, if the same exceeds twenty-five shillings, together with costs, and thereon to award execution; provided such sheriff or collector have ten days previous notice of such motion; and if such claim be of the value to twenty-five shillings, or under, the same shall be recoverable before any justice of peace, in the same manner as small debts are now recovered. | Penalty upon sheriff, &c. refusing or delaying to pay. |
| IV. Provided always, That if the tobacco shall sell for less than the price estimated as aforesaid by the court or vestry when the levy was laid, the deficiency shall be levied for the sheriff or collector at the laying of the next levy; and if the tobacco shall sell for more than such estimate, the county and parish, respectively, shall take credit for the same, in the hands of the sheriff, or collector, at the laying of the next levy. | Tobacco selling for more or less than the price estimated, how the sheriff shall be reimbursed or account for surplus. |
| V. And be it further enacted, by the authority aforesaid, That if any sheriff or other collector shall fail to account for and sell the tobacco by him received as aforesaid, such sheriff or other collector shall be answerable to each creditor for his full demand, to be recovered as aforesaid, and shall moreover be chargeable to the county or parish for the full value to the tobacco by him received, accounting for the whole levies (insolvents excepted) as if the same had been wholly paid in tobacco, to be recovered with costs, by and in the names of the justices and vestrymen respectively, in any court of record within this dominion, upon motion as aforesaid, to and for the use of their county or parish respectively, to be applied in discharge of their next levy; and if it shall appear to the court upon the account, to be rendered as aforesaid, or by the oaths of two or more credible witnesses, that any sheriff or collector hath demanded or received a greater price for tobacco from any person chargeable therewith than the price so as aforesaid proportioned by the court or vestry, such court shall and may, and they are hereby authorized and required immediately to give judgment, and award execution against the estate of such sheriff or collector, for double the value of such overplus and costs, in favour of the person aggrieved. | Sheriff, &c. failing to account for an sell the tobacco, what he shall be answerable for; demanding more than the price estimated, subject to penalty. |
| VI. Provided always, That nothing in this act shall be construed to extend to the salary of any minister now received, or hereafter to be received, into any parish within this colony, who is or shall be intitled to receive their salary in tobacco. But if any minister shall, at the laying of the parish levy, agree with his vestry to receive his salary in money, in lieu of tobacco, such vestry shall and may, and they are hereby authorized and required to make such agreement with their ministers, and levy the same accordingly; and every collector shall be answerable to such minister in the same manner as to other creditors aforesaid; and if such ministers shall not choose to enter into such agreement, the vestry shall levy so much money, as in their judgment will be sufficient, and shall direct their churchwardens or collector to purchase tobacco at some of the warehouses, the notes of which are directed to pass in payment of levies in such parish; and if the churchwardens or collector shall fail to pay such tobacco to their minister, by the time aforesaid, it shall and may be lawful for the court of the county where such minister shall reside, and they are hereby authorized and required to give judgment against the churchwardens or collector for such tobacco and costs, upon the motion of the said minister. | Minister not obliged to receive money for his salary; but may
agree to do so; and in that case the money shall be levied, &c. If no agreement, money to be levied to purchase tobacco. |
| VII. Provided always, That such churchwardens or collector shall have ten days previous notice of such motion. | |
| VIII. Provided also, That nothing in this act contained,
shall be construed to extend to alter the rate of tobacco in such counties, in which the
inhabitants thereof are now allowed to discharge the same in money for tobacco, at certain prices
by law directed. IX. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, contrary to the purview of this act, shall be, and are hereby repealed. |
Rates of tobacco settled by former acts not altered. See 27 Geo. II. cap. 3. 32 Geo. II. cap. 5. 34 Geo. II. cap. 1. |
| X. And be it further enacted, That this act shall continue and be in force from the passing thereof for three years, and from thence to the * end of the next session of assembly. | * Which was 15, 1773. (MS. note.) |
 * The Governor assented to this bill, June 28, 1770; the three years therefore expired June 28, 1773; after which there never was another session of assembly til the dissolution of the monarchy. The first commonwealth assembly adjourned Dec. 21, 1776, and were dissolved by not meeting on their adjournment, March 27, 1777. [MS. note, in the hand writing of Thomas Jefferson, esq. late President of the United States.] The text from "27, 1777" through the end of the footnote, was moved here from p. 385, for clarity. |
| XI. Provided always, That the execution of this act shall be, and is hereby suspended until his majesty's approbation thereof shall be obtained. | Suspending clause. |
| CHAP. XXX. An Act to amend an Act, intituled an Act against stealing Hogs. | |
| I. WHEREAS the act of assembly now in force against stealing hogs hath been found defective, in that the offenders cannot be ruled to give special bail, and, being generally people of no property, do, on the commencement of suits, remove away, leaving the prosecutor to pay the costs, to the great discouragement of such prosecutions: For remedy whereof, | |
| II. Be it enacted, by the 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 October next, in all suits to be brought, or informations filed, against any person, not being a slave, for hog-stealing, it shall be lawful for the court to rule the defendant to give special bail, and to commit him or her to prison, until he or she shall give such bail; any law to the contrary notwithstanding. | In prosecutions for hog stealing, defendant may be ruled to give special bail. |
| CHAP. XXXI. An Act to continue an Act, intituled an Act for regulating the practice of Attornies. | |
| I. WHEREAS the act of Assembly made in the first year of his present majesty's reign, intituled An Act for regulating the practice of Attornies, which was continued | Act for regulating the practice of attornies, further continued. |
| by one other act of Assembly, made in the seventh year of his said majesty's reign, will expire at the end of the present session of Assembly; and it is necessary that the same should be further continued, Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said first recited act of Assembly shall continue and be in force from and after the expiration aforesaid, for and during the term of seven years, and from thence to the end of the next session of Assembly. | I. Geo. III. (1761) cap. 3, of the edit. in 1769, continued
for 7 years, &c. | |
| CHAP. XXXII. | ||
| ||
| I. WHEREAS divers litigious persons have, of late, preferred petitions to the governor or commander in chief for grants of lands, under pretence that they were forfeited for non-payment of his majesty's quit-rents, or for want of seating and planting, which petitions are heard in the general court; others have entered caveats in the secretary's office against the issuing out of patents to those who had surveyed lands, in order to the obtaining such patents, pretending that the rules of government have not been complied with, in the progress of making and returning the surveys, which caveats are heard before the governor and council; and others have causelessly procured indictments to be preferred to the grand juries for assaults and batteries, and other offences, not capital; in defending which several proceedings the defendants are often put to great expence, which they cannot be reimbursed, although the complaint shall appear groundless, the person prosecuting the same being either unable, or not subject, to repay such costs: Be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That upon the determination of any caveat now depending, or hereafter to be entered and heard, | Recital. Causes of Caveat; and proceedings thereon. Governor, &c. may award costs to defendants in caveats; |
| before the governor or commander in chief, and the council, of this colony, it shall be lawful for the said governor and council to award costs (to be settled by such person as they shall appoint for that purpose, and by them approved) to the defendant in such caveat, in case he shall prevail, and upon a certificate thereof, it shall be lawful for the court of the county, in which the party resides, against whom such costs shall be awarded, upon motion of the other party, to enter judgment for the amount of such costs, with the costs of the motion, and thereon to award execution; provided that the person or persons, against whom such judgment is entered, have ten days previous notice of such motion. And in all such caveats it shall be lawful for the governor and council, upon good cause to them shewn, to rule the person entering the same to find security for payment of costs; and if such person or persons shall fail to give security accordingly, such caveat shall be dismissed, with costs. And in all petitions for lapsed land and indictments as aforesaid, now depending, or hereafter to be brought or prosecuted, it shall be lawful for the court, before whom the same shall be depending, upon good cause to them shewn, to compel the petitioner or prosecutor to find security for payment of the costs; and if such petitioner or prosecutor should fail to give security accordingly, the petition or indictment shall be dismissed, with costs. | And county courts may give judgments for them on motion. Governor, &c. may rule petitioners in caveats, and for lapsed lands; and prosecutors of certain indictments to find security for costs. |
| II. And whereas divers such litigious persons have given notice to the proprietors of lands, to survey the same, under pretence of there being surplus lands within the bounds of their grants, in order to obtain patents for such surplus lands, according to the directions of an act passed in the twenty-second year of the reign of king George the second, intituled An act for settling the titles and bounds of lands, and for settling the titles and bounds of lands, and for preventing unlawful hunting and ranging, and when such lands have been surveyed at considerable expence, and found to contain no more than the quit-rents had been paid for, the person giving notice was wholly unable to repay the charges of survey, to which he is made liable by the said act. | |
| III. Be it therefore further enacted, That from and after the first day of August next, no person shall be obliged to survey his land, upon notice as aforesaid; nor shall the person, giving such notice, derive to himself any advantage therefrom, unless, at the time of | Persons not obliged to survey his lands upon notice, unless bond |
| giving the same, he or she shall tender to the person, to whom the notice is given, a bond, with good and sufficient security, for repaying the charges of survey, in case the lands shall be found to contain no more than the quantity for which quit-rents have been usually paid. | for payment of costs be tendered. | |
| CHAP. XXXIII. | ||
| ||
| I. WHEREAS the act of assembly made in the fifth year of his majesty's reign, intituled An act for increasing the rewards for killing wolves, within certain counties, to be paid by the respective counties wherein the services shall be performed, and which was continued by another act made in the seventh year of his said majesty's reign (except as to the counties of Buckingham, Fauquier, and Loudoun, to the said act, as to so much thereof as relates to those counties, being repealed) will expire on the first day of June next; and it is necessary that the said act should be further continued; and the inhabitants of several other counties being desirous that the said act should be extended to their said counties: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said recited act shall continue and be in force, from and after the said first day of June next, for and during the term of three years. | Act giving rewards for killing wolves, further continued, and
amended. 5 Geo. III. cap. 11, continued for 3 years. | |
| II. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, and during the continuance thereof, any person who shall kill any wolf, within the counties of Louisa, Fauquier, | Additional rewards. |
| Culpeper, and Botetourt, shall have an additional reward of fifty pounds of nett tobacco for every young wolf, not exceeding the age of four months, and for every wolf above that age one hundred pounds of nett tobacco, to be levied and paid in the respective counties wherein the services shall be performed; and the several county courts of Louisa, Fauquier, Culpeper, and Botetourt, are hereby impowered and required to levy the same in their annual county levy to the persons intitled thereto. |
| Pages 349-368
| Pages 389-409
|