Pages 493-505 
|  Pages 526-545
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| Pages 493-505
| Pages 526-545
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| ANNO REGNI GEORGII III. Regis, Magnæ, Britanniæ, Franciæ, et Hiberniæ, duodecimo. 
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Lord Dunmore Governor. | |||
| CHAP. I. | ||||
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| I. WHEREAS the act of the general assembly, made in the fifth year of his present majesty's reign, intituled An act for amending the staple of tobacco, and preventing frauds in his majesty's customs, which was continued and amended by an act, made in the seventh year of his said majesty's reign, and further continued by one other act, made in the tenth year of his said majesty's reign, will expire on the first day of October, |
| in the year one thousand seven hundred and seventy-three, and it is necessary and convenient that the same should be farther continued and amended: 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 from and after the tenth day of October next, the inspections of tobacco at Hampton and Denbigh, at Littlepage's and Waddy's, and at Morton's and Gibson's, respectively, shall be, and they are hereby disunited, and established as separate inspections. | Several inspections disunited. |
| II. And be it further enacted, by the authority aforesaid, That the warehouses, for the inspection of tobacco, at Totuskey, in the county of Richmond, and at Waller's, in the county of King William, and Walkerton, in the county of King and Queen, under one inspection, which were discontinued by the said act of the tenth year of his present majesty's reign, shall be, and they are hereby revived and re-established, with the same salaries (except as is herein after excepted) to the respective inspectors, as were allowed and appointed by the said recited acts of the fifth and seventh years of his present majesty's reign; and there shall be paid to each of the inspectors appointed to attend and attending at Royston's sixty pounds, at Colchester fifty pounds, at Hunting creek forty-five pounds, at the Brick house thirty pounds, at Cave's thirty pounds, at Acquia sixty pounds, at Dixon's, in the town of Falmouth, fifty pounds, at Robert Bolling's sixty pounds, at Bollingbroke sixty pounds, at Blandford sixty pounds, at Littlepage's thirty pounds, at Waddy's twenty pounds, and at Totuskey thirty pounds per annum. | and others revived. Salaries to certain inspectors. |
| III. And whereas, by an act of assembly, passed in the third year of his present majesty's reign, for farther continuing and amending the act for amending the staple of tobacco, and preventing frauds in his majesty's customs, the court of the county of Fairfax was ordered to cause warehouses to be erected, for the reception of tobacco, on the lots six, twenty-nine, and forty-two, the property of Benjamin Grayson, in the town of Colchester; but before such warehouses were built, the said lots six and forty-two, from the inconvenience of their situation, were found to be improper for that purpose; and therefore the warehouses, directed by the said act, were built upon the lots number |
| twenty-nine, and number seven, adjoining, also the property of the said Benjamin Grayson; and as disputes may arise touching the legality of the establishment of the said warehouses, and there not being room on the lots twenty-nine and seven to contain the houses necessary at the said inspection, and it is thought convenient to add the lot number eight to the lots number seven and twenty-nine, for that purpose: Be it therefore enacted, by the authority aforesaid, That the warehouses already built, shall be, and they are hereby confirmed, and the said lot number eight added to the said lots number seven and twenty-nine, for the purpose of erecting such additional warehouses. | Warehouses at Colchester, confirmed, &c. |
| IV. And whereas it is represented that new inspections of tobacco are necessary to be established on the lots of Robert Bolling, adjoining Davis's landing, in the town of Blandford, and on the said Bolling's land at Cedar point, in the county of Dinwiddie: Be it therefore further enacted, by the authority aforesaid, That from and after the first day of October next, new warehouses shall be erected on the said lots, and at Cedar point aforesaid, and it shall and may be lawful for the courts of the said counties of Prince George and Dinwiddie, respectively, to order and direct the said Robert Bolling to erect, build, and completely finish, by or before the said first day of October next, such close, strong, and substantial houses, as shall be sufficient to contain, at least, fifteen hundred hogsheads of tobacco, at each of the said new inspections at Blandford and Cedar point, and to secure the same in the manner directed by the said act of the fifth year of his present majesty's reign; and the said courts, respectively, shall take bonds, payable to his majesty, his heirs, and successors, with condition for the faithful building of such new houses; and that the salaries of the inspectors, attending at each of the said inspections, shall be sixty pounds each. | New inspections. Salaries to the inspectors. |
| V. And be it further enacted, by the authority aforesaid, That the receipts of the warehouses at Deep creek, in the county of Lancaster, and at Glasscock's, in the county of Richmond, shall pass in payment of all quit-rents, levies, and officers fees, in the said counties of Richmond and Lancaster, respectively; and that the receipts of the warehouses on the lots of Robert Bolling, adjoining Davis's landing, in the town of Blandford, and on the said Bolling's land, at Cedar point, in | Notes where payable in discharge of quitrents, &c.
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| the county of Dinwiddie, shall pass in all payments where the receipts of the warehouses at Blandford and Bolling's point are payable. | |
| VI. And be it further enacted, by the authority aforesaid, That the courts of the several counties within this colony, wherein any warehouses, for the inspection of tobacco, now are, or shall hereafter be established, shall and may, and they are hereby required, in the month of July or August, annually, to appoint four of their members to examine, from time to time, into the state and condition of such warehouses, and whether they are built and secured according to the directions of the said recited acts, and the persons so appointed, or any two of them, finding that the said warehouses are not in good and sufficient repair, shall immediately give notice, in writing, to the proprietor of such warehouses, to repair the same; and if such proprietor, having notice as aforesaid, shall refuse so to do, within one month from the time of such notice, it shall and may be lawful for the persons so appointed, or any two of them, to let such repairs to the lowest bidder, and to take bond and security of the undertaker for the due performance thereof; and such repairs shall be paid for in the manner directed by the said recited act of the fifty year of his present majesty's reign. | County courts to direct persons to examine state of warehouses , and to order them to be repaired, &c. |
| VII. And be it further enacted, by the authority aforesaid, That when the persons appointed as aforesaid, upon examination of the state of the warehouses, shall find the same to be built, well secured, and in good repair, according to the directions of the said recited acts, it shall and may be lawful, and they are hereby required, upon application of any proprietor of the said warehouses, to give him or her a certificate that the warehouses, to give him or her a certificate that the warehouses, belonging to such proprietor, are built, well secured, and in good repair, according to the directions of the said recited acts, which certificate shall discharge such proprietor from all damage which may arise at the said warehouses, until the said proprietor shall have notice to repair the same as aforesaid. | Persons appointed, finding the houses well built, &c. to give certificate thereof. |
| VIII. And whereas doubts have arisen in construction of the said recited act of the tenth year of his present majesty's reign, whether the rents, received at different warehouses, should be proportioned between the public and the proprietor, or whether the whole rents should be paid to the treasurer, until the public is fully reimbursed the expences it hath been at in building |
| and repairing of such warehouses: For removing such doubts, Be it further enacted, by the authority aforesaid, That the rents of the said warehouses, which have been, or shall be built or repaired, both at the expence of the public and proprietor, shall be proportioned by the courts of the several counties, as is directed by the said recited act of the fifth year of his present majesty's reign. | County courts to
proportion rents of warehouses between the public and proprietor. | |
| IX. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force from and after the first day of October, and that the said recited acts, as to so much thereof as is not contrary hereto, together with this act, shall continue and be in force from the said first day of October, in the year one thousand seven hundred and seventy-three, for and during the term of two years, and no longer. | Continuance. | |
| CHAP. II. | ||
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| I. WHEREAS the manufacturing of flour and bread is of late much increased in this colony, and become a very advantageous article of commerce, and the laws, now in force, being thought insufficient to prevent frauds, which may be committed by millers, bakers, and others, employed therein: 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 casks, containing flour, intended for exportation, before the same is removed from the mill where manufactured, shall be branded with the first letter of the owner's christian name, and with his sirname at leangth, or the name of the said mill, which brand or mark, so used, shall be recorded | Recital. Casks or flour to be branded. Brand to be recorded. |
| in the court of the county where such owners reside, and the clerk of the court for recording the same shall receive one shilling; and for every cask of flour removed before the same shall be branded, as is before directed, the owner thereof shall forfeit and pay one shilling. | Clerk's fee. Penalty. |
| II. And be it further enacted, That all wheat flour, made for exportation, shall be genuine and unmixed with any other grain, and shall be all of the same fineness, and faithfully packed in good casks, made of seasoned timber, and, when delivered, well and securely nailed, under the penalty of one shilling for every cask, to be recovered of the miller, or if he be a servant or slave, of the owner who shall neglect or fail so to do, in either of the cases aforesaid. | Flour to be pure, of equal fineness, and well packed. |
| III. And be it further enacted, That the owners of mills and bakehouses shall, on every cask, containing flour or bread, mark the true tare of such cask, and for every cask false tared, the offender shall forfeit and pay five shillings; and if any inspector of flour, or the purchaser of flour, or bread, shall suspect any fraud, such inspector or purchaser may, in the presence of the seller, cause nay of the aid cases to be unpacked, and if any fraud is discovered, the seller, besides the penalty aforesaid, shall be obliged to pay the expence attending the same; but if no fraud appears, then the said expence shall be paid by the purchaser. | Penalty for false tares. |
| IV. And be it further enacted, by the authority aforesaid, That every owner of a mill or bakehouse, at the time to the delivery of any flour or bread for exportation, shall make out and deliver therewith a manifest or invoice, under his hand, of the marks, numbers, and nett weight of every cask, on pain of forfeiting forty shillings for every neglect; and all flour or bread, delivered as aforesaid, and put into any cart, wain, waggon, or boat, to be conveyed to the place of exportation, shall be sufficiently covered and secured from the weather; and if any driver of a cart, wain, or waggon, or skipper of a boat, or other vessel, carrying flour or bread, as aforesaid, shall neglect to provide such covering, he, or in case he shall be a servant or slave, the owner, shall forfeit and pay one shilling for every cask so carried. | Flour a manifest of to be delivered by miller, &c.
to be conveyed under cover; |
| V. And be it further enacted, That all flour, intended for exportation, shall be inspected according to the directions of the laws now in force, and if found to be good and merchantable, the inspector shall stamp or | to be inspected and stamped. |
| brand, on the head of every cask, the letter V for Virginia, the first letter of his county, the first letter of his own christian name, his sirname at length, and the quantity of the flour, S F for superfine, and F for fine. | |
| VI. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for any sworn officer to go on board any ship or vessel in the day time, and search for any flour on board intended for exportation without being marked and branded, according to the directions of this act, and if any such shall be found, the owner thereof shall forfeit and pay five shillings for every cask; and in case the master of any ship or vessel shall not permit or suffer such search to be made, he shall forfeit and pay ten pounds for every offence. | Search when to be made. Penalties. |
| VII. And be it further enacted, That the weights and measures used at merchant mills shall, once in every year, be by some person, to be appointed by the court of the county in which such mill is erected, examined and made agreeable to the standard of the county. | Weights and measures to be examined. |
| VIII. And be it further enacted, That no owner of a merchant mill, or any person employed in such mill, shall be appointed an inspector of flour, and if any such person shall take and execute the said office, he shall forfeit and pay fifty pounds; and it shall not be lawful for any inspector of flour to trade or deal therein; and if any such inspector shall presume so to do, he shall forfeit and pay fifty pounds for every offence; and if any person or persons shall alter or counterfeit the brand of any manufacturer or inspector of flour, the offender shall, for the first offence, forfeit five pounds, for the second offence ten pounds, and for the third offence shall stand in the pillory, for such time as the court, before whom he is convicted, shall direct. | Owner of merchant mill not to be an
inspector. Inspector not to deal in flour. Penalty for counterfeiting brand. |
| IX. And be it further enacted, by the authority aforesaid, That the several fines and forfeitures imposed by this act shall and may be recovered to the use of the informer, where the same shall not exceed twenty-five shillings, before any justice of the peace, and for any sum above twenty-five shillings, and not exceeding five pounds, by petition in any county court, and for all sums above five pounds in any court of record in this colony, by action of debt, or information, with costs of suit. | Penalties, how recoverable, |
| X. Provided nevertheless, That where any officer shall discover flour to have been shipped contrary to | and appropriated. |
| the directions of this act, the penalty in such case inflicted on the offender, if recovered, on a suit brought, shall be one moiety to such officer, and the other moiety to the person who will inform, or sue for the same. | ||
| XI. And be it further enacted, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview or meaning of this act, shall be, and are hereby repealed. | Repealing clause. | |
| XII. And be it further enacted, That this act shall continue and be in force, from and after the first day of August next, for and during the term of three years, and from thence to the end of the next session of assembly. | Continuance. | |
| CHAP. III. | ||
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| WHEREAS the act of the general assembly, made in the thirtieth year of the reign of his late majesty king George the second, intituled An act for reducing the several acts of assembly, for making provision against invasions and insurrections, into one act, which hath been continued by three other acts, made in the third, seventh, and tenth years of his present majesty's reign, will expire on the eighth day of June, in the year one thousand seven hundred and seventy-three, and it is necessary that the same should be farther 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 act of assembly, made in the thirtieth year of his said late majesty's reign, shall continue and be in force, from and after the said eighth day of June, | Act making provision against invasions and insurrections further continued. |
| in the year one thousand seven hundred and seventy-three, for and during the term of two years, and no longer. | ||
| CHAP. IV. | ||
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| I. WHEREAS the act of assembly, made in the nineteenth year of the reign of his late majesty king George the second, intituled An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, which hath been continued by several acts, and amended by four acts, in the first, third, seventh, and eighth years of his present majesty's reign, will expire on the twelfth day of April next; and it being necessary that the same should be farther continued, with amendments: 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 acts shall continue and be in force, from and after the said twelfth day of April next, for and during the term of two years, and no longer. | Recital. Continuance. | |
| 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 whim any tobacco shall be due for secretary's, clerks, sheriffs, surveyors, or other officers fees, to pay and satisfy the same, either in tobacco, according to the said recited acts, or in money, at the rate of twelve shillings and six pence for every hundred weight of gross 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 | Officers fees, payable in tobacco, may be discharged in money at 12s. 6d. per cent. |
| in discharge of the said fees; and the sheriffs or collectors of the fees aforesaid shall account with, and pay to the persons intitled to the same, all the money which they shall receive a 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 before recited acts, to the contrary thereof, in any wise, notwithstanding. | ||
| III. Provided also, That nothing herein 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, Pittsylvania, Bedford, Loudoun, Frederick, Augusta, Botetourt, and Hampshire, 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. | Certain counties excepted. | |
| CHAP. V. | ||
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| I. WHEREAS the laws concerning executions are defective in not authorizing the clerks of county courts to issue all manner of legal and proper writs of execution upon judgments, decrees in chancery, and final orders, duly recovered and obtained in such courts, into other counties, as is done in writs of capias ad satisfaciendum and fieri facias: 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 clerks of the several county courts in this colony, shall be, and they are hereby impowered and required, upon the application of any party who hath obtained, or shall obtain, any judgment, decree, or final order, in such courts, to issue any legal or proper writ of execution or attachment thereupon, as the case may require; as also to issue attachments against executors, administrators, or guardians, who shall fail to account when ordered so to do by such court, directed | Recital. Executions, &c. may be issued by clerk of one county to sheriff of another. |
| to the sheriff of the same, or any other county, provided there be fifteen days at least, and not more than ninety days between the teste and return of such writ. | ||
| II. And be it further enacted, by the authority aforesaid, That the sheriff to whom such writ shall be directed and delivered, shall duly execute and return the same, or in default therein shall be liable to the like penalties as are by law inflicted, respectively, for the not executing or returning other writs of execution; and upon failing to pay the money by him received upon any such writ, or suffering a voluntary or negligent escape of the debtor, shall be subject to the same remedy and proceedings as are prescribed by the laws now in force for the like defaults in other executions. | Duty of, and remedy against, sheriffs. | |
| CHAP. VI. | ||
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| I. WHEREAS the laws, as they now stand, restrain the clerks of the county courts within this colony from issuing any writs of alias capias, renewing any petitions, or other process, where the original process hath not been executed, until such new process shall be ordered by the court of such county; and whereas it frequently happens that such courts, neglecting to sit to order such new process, the honest creditor is obliged to pay the costs of his original process, or tun the risque of losing his just debt: To remedy which evil, 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 when the sheriff, or any other officer, of any county within this colony, shall return any writ, petition, or other process, to him | Recital. Process not returned, clerk may issue subsequent process although the suit be not called in court. |
| directed, into the clerk's office of such county, by which return it shall appear to the clerk that the said process hath not been executed, it shall and may be lawful for such clerk, and he is hereby required, at the request of the party at whose instance the same was originally sued out, or his attorney, to issue an alias capias, or renew such process, without the formality of having such suit called in court, without the formality of having such suit called in court; any law, custom, or usage, to the contrary notwithstanding. | |
| II. And whereas the sheriffs, and other officers, of the several counties within this colony, do frequently serve attachments, and writs of execution, upon horses, cattle, hogs, sheep, and other live stock, which such officers are obliged to retain in their custody for a length of time before an order of court can be obtained for the sale of such live stock, or for want of buyers, during which time such stock frequently perish for want of proper food, or are greatly impoverished, to the great detriment both of the creditor and his debtor: For remedy whereof, Be it further enacted, by the authority aforesaid, That when any sheriff or other officer, shall serve an attachment, or any writ of execution, on horses, or other live stock, and the same shall not be immediately replevied or restored to the debtor, it shall and may be lawful for such officers, and they are hereby required, to provide sufficient sustenance for the support of such live stock, until such stock shall be sold, or otherwise legally discharged from such attachment, or writ of execution; and upon the trial of any attachment, or return of any execution, the court before whom such attachment shall be tried, ro such execution returned, may and shall, upon the motion of the officer serving the same, settle and adjust what such officer shall be allowed for his expences incurred by supporting such stock, to be taxed in the bill of costs against the party against whom judgment shall be given on such attachment, and the same shall be retained by the officer out of the money arising from the sale of such stock; and the said officer shall and may retain the expences of supporting such stock, taken by execution, as aforesaid, out of the money arising from the sale, to be settled in manner aforesaid. And where the plaintiff in any attachment shall be case, the expences aforesaid shall be taxed in the bill costs against such plaintiff, for which the defendant may take execution, with the other costs. | Recital. Maintenance of livestock taken in execution, &c. to be provided by officer, and expence thereof to be taxed in bill of costs. |
| III. And whereas it is represented to this present general assembly, that the court days of the counties of Loudoun, and Pittsylvania, as they are now appointed, are found to be inconvenient, as well to the inhabitants of the said counties, as to others who attend the said courts: For remedy whereof, Be it enacted, That from and after the first day of May next, the court of the said county of Loudoun shall be constantly held on the fourth Monday, and the court of the said county of Pittsylvania on the fourth Thursday in every month; any law, custom, or usage, to the contrary, notwithstanding. | Court days of Loudoun, and Pittsylvania, altered.
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| CHAP. VII. | ||
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| WHEREAS it hath been represented to this present general assembly, that the days appointed for holding courts in the counties of Surry, Bedford, and Princess Anne, are inconvenient to the justices and others, who are obliged to attend the said courts: 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 from and after the tenth day of June next, the court of the said county of Surry shall be held upon the fourth Tuesday in every month, and the court of the said county of Bedford shall be held on the fourth Monday in every month, and the court of the said county of Princess Anne shall be held upon the second Thursday in every month; any law, custom, or usage, to the contrary, in any wise, notwithstanding. | Court days of Surry, Bedford, & Princess Anne, altered. |
| CHAP. VIII. | ||
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| I. WHEREAS many disorderly and quarrelsome persons do frequently molest, disturb , and ill treat many of his majesty's peaceable and quiet subjects, often wounding and doing them great injury, yet not in such a manner as to come within the description and penalties of the act of assembly, made in the twenty-second year of his late majesty's reign, to prevent malicious maiming and wounding, and the offenders, upon suits brought against them, and damages recovered, do secrete their effects, so that no satisfaction can be obtained for such injuries: 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 if any person or persons, from and after the first day of June next, shall wound, by gouging, plucking or putting out an eye, biting, kicking, or stamping upon any of his majesty's subjects, and a suit shall be brought to recover damages for the same, the defendant or defendants shall give bail to answer such suit, and if the jury, by whom such suit shall be tried, shall find that the wounding was wilful and malicious, the defendant or defendants shall immediately pay, in court, the damages assessed by the jury, with the costs of suit, or give sufficient security to pay the same within three months; and every person failing so to do, shall, by order of such court, receive on his bare back so many lashes, well laid on, at the public whipping post, as the court shall think fit to order, not exceeding thirty-nine. | Recital. In actions of Mayhem &c. defendants shall give bail, and convicted, shall pay, or give security to pay, damages, &c. or be whipped. | |
| II. And be it further enacted, by the authority aforesaid, That where any person, wounded as aforesaid, shall not, within three months, commence and prosecute his action for the said injury, it shall and may be lawful for any other person, in his own name, to prosecute for the same, by an action upon the case, in which the defendant or defendants shall be held to bail, and plead to issue immediately, and if, upon the trial thereof, he or they shall be found guilty of | After three months, person wounded failing to sue, or other may recover damages, to the use of the prosecutor and the parish. |
| such wilful and malicious wounding, the jury shall assess damages, and judgment shall be entered for the same, to be paid, one moiety to the prosecutor, and the other moiety to the churchwardens of the parish where the offence is committed, for the use of the poor of the said parish, with costs of suit; and on failure of present payment, or giving security, the person, so convicted, shall receive such corporal punishment as before mentioned. | |
| III. Provided always, That if the plaintiff, in such action, shall fail to prosecute the same, or the defendant or defendants shall, upon trial thereof, be acquitted, he or they shall recover their full costs against the plaintiff. | Defendant, acquitted, shall recover costs. |
| IV. And be it further enacted, by the authority aforesaid, That for the better direction of the sheriff, in taking bail in such suits, it shall and may be lawful for any justice of peace of the county, upon affidavit made before him by the plaintiff of such wounding, and he is hereby required to certify the same to the clerk of the court, who shall endorse on the writ, sued out by such plaintiff, that good bail is to be taken; and where any person, wounded as aforesaid, shall fail to commence his action for the same, within the time prescribed by this act, and any other person shall bring suit for the same, such person, or any witness by him produced, making affidavit of the wounding before a magistrate as aforesaid, and the same being certified to the clerk of the court, such clerk shall endorse on the writ, to be issued, that good bail is to be taken, and such bail, or the sheriff, if he takes none or insufficient bail, shall be subject to the same proceedings, and intitled to the like remedy as is provided by law in other cases; and the special bail to be given in any such suit shall be liable in the same manner as in other cases; and if any defendant shall not be present in court at the time of his conviction of the offence aforesaid, and shall afterwards be surrendered by his bail to the sheriff, within the time allowed by law for such render, and shall not immediately pay the amount of the damages and costs, or give security for payment thereof, as aforesaid, such defendant shall be committed to gaol, there to remain until the next court, to be held for the county, or until such payment or security, and shall then, by order of court, receive such corporal punishment as aforesaid, in case such payment be not then | Upon affidavit by plaintiff, &c. of a wounding, &c. certified by
a justice of peace, clerk shall endorse on writ 'bail to be taken.' Remedy against sheriff not taking bail, and against the bail. Defendant rendered by bail and not paying damages, &c. shall be imprisoned till court, and then be punished. |
| made, or security given; and for the better direction to the sheriffs, the clerk shall endorse upon every such execution, or the bail shall give notice to the sheriff in case of a render, without execution, that the damages and costs, for which the defendant was committed, were recovered for a wounding contrary to this act. | Clerk shall endorse on execution for what the damage, &c. were recovered. |
| V. And be it further enacted, by the authority aforesaid, That all bonds to be taken pursuant to this act, shall be payable to the plaintiff or his assigns, and shall be returnable to the clerk's office where the recovery shall be, and shall have the force of judgments, and on failure of payment of the money or tobacco, at the time mentioned in such bond, it shall be lawful for the court, on the motion to the obligee, his executors, administrators, or assigns, to give judgment thereupon against the obligor and his securities, or his or their executors or administrators, and thereon to award execution, provided that then days previous notice of such motion be given, and upon such execution, if against the estate, the sheriff shall proceed to sale, without taking bond either for the forthcoming of the estate, or to replevy the same, as is directed in other cases; and for the better direction of the sheriff, the clerk shall endorse upon every such execution, that no security of any kind, is to be taken. | Remedy upon bonds taken in pursuance of the act. |
| CHAP. IX. An act for amending the acts concerning the trials and outlawries of slaves. | |
| I. WHEREAS it hath been doubted whether slaves convicted of breaking and entering houses in the night time, without stealing goods or chattels from thence, are entitled to the benefit of clergy: For explaining the law in this point 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 a slave who shall break any house in the night time, shall not be excluded from clergy, unless the said breaking, in the case of a freeman, would be a burglary. | Recital. Slave convicted of housebreaking in the night, not excluded from clergy, unless a freeman, in the like case would be so. |
| II. And be it further enacted, That from and after the passing of this act, sentence of death shall in no case be passed upon any slave, unless four of the court, before whom such slave is arraigned and tried, being a majority, shall concur in their opinion of his or her guilt; any law, custom, or usage, to the contrary thereof, notwithstanding. | Sentence of death not to be passed upon a slave unless four of his judges, &c. concur. |
| III. And whereas doubts have arisen, and various opinions have prevailed, touching the proper construction of part of an act of assembly, made in the twenty-second year of the reign of his late majesty, directing the method of proceeding against outlying slaves, and in what manner they shall be paid for by the public, when killed or destroyed, in pursuance of the said act: For removing such doubts, and that the said act may hereafter receive one uniform interpretation, Be it enacted, by the authority aforesaid, That no justice or justices of the peace of this colony shall, by virtue of the said act, issue a proclamation against any slave, authorizing any person to kill or destroy such slave, unless it shall appear to the satisfaction of such justice or justices that such slave is outlying and doing mischief; and if any slave shall hereafter be killed or destroyed, by virtue of any proclamation, issued contrary to this act, the owner or proprietor of such slave shall not be paid for such slave by the publick; any thing in the said recited act to the contrary, or seeming to the contrary, in any wise, notwithstanding. | Slaves not to be outlawed, unless outlying and doing
mischief; nor paid for by the public. |
| CHAP. X. An act to amend an act, intituled An act concerning Seamen. | |
| I. WHEREAS the act, passed in the twenty-second year of the reign of his late majesty king George the second, intituled An act concerning seamen, hath been found insufficient to restrain masters or commanders of vessels from discharging sick, or disabled sailors or servants, and is often evaded by such commanders, leaving the country before any suit brought against | Recital. |
| them can be determined, and without effects whereon to levy execution: 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 from and after the passing of this act, if any suit shall be brought by the churchwardens of any parish against any master or commander of a vessel, for putting on shore any sick or disabled sailor or servant, contrary to the said recited act, it shall and may be lawful for the court, before whom such suit is depending, upon a motion of the plaintiffs, to rule the defendant, on his appearance, to special bail; any law, custom, or usage, to the contrary, in any wise, notwithstanding. | In actions against masters of vessels for putting sick
sailors, &c. on shore, defendants may be ruled to give bail. | |
| II. Provided always, That the said churchwardens, or either of them, shall make affidavit of the cause of action before a magistrate, and the same being certified to the clerk of the court, such clerk shall endorse upon the writ to be issued, that good bail is to be taken, and such bail, or the sheriff, if he takes none or insufficient bail, shall be subject to the same proceedings, and intitled to the like remedy as is provided by law in other cases, and the special bail to be given in any such suit shall be liable in the same manner as in other cases. | Upon affidavit certified the clerk shall endorse on writ, bail
to be taken. Remedy against bail and sheriff. | |
| CHAP. XI. | ||
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| I. WHEREAS by the long continuance of under sheriffs in office they gain an undue influence, and by that means are induced to commit many acts of oppression and injustice to his majesty's subjects: For prevention whereof, Be it enacted and declared, by the Governor, | Recital. |
| Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That no person whatever shall be capable to serve or execute the office of under sheriff, or deputy sheriff, of any county, for any longer time than two years successively, without the consent and approbation of the court of the said county; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | Under sheriff may not continue more than 2 years in office
without consent of the court. |
| II. And whereas it frequently happens, from the inclemency of weather, or other accidents, that the county courts are not held at the time the high sheriffs are by law to qualify under the commissions granted to them, which has occasioned various disputes touching the legality of the execution of the office by the preceding sheriff, after the granting of any new commission: For remedy whereof, Be it further enacted, by the authority aforesaid, That if no court shall be held for any county in the month next after the date of any new commission granted to the sheriff, the preceding sheriff shall continue to act and execute the office of sheriff, till a court shall be held for the county, so as to qualify the sheriff appointed by such new commission. | Until a new sheriff be qualified, his predecessor shall act.
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| III. And whereas the inhabitants of this colony are liable to be, and in many instance have been, imposed upon by the sheriffs or collectors of the several counties, for want of an account stated separately and distinctly of the several fees by them collected for different officers, and also a clear account of the quitrents, public, county, or parish levies, which the said sheriffs, or their deputies, often refuse to give, and often do make distress, if immediate payment be not made of a sum demanded by them in gross, which practices are productive of great inconveniences: For remedy whereof, Be it further enacted, by the authority aforesaid, That every sheriff, deputy sheriff, or collector, who shall hereafter receive from any person, or persons, any officers fees, quitrents, public, county, or parish levies, shall deliver to the person, so paying, a fair and distinct account of the several articles, for which he shall receive the same, and also a receipt for what shall be so paid him; and every sheriff, deputy sheriff, or collector, failing herein, shall forfeit and pay to the person by whom such payment shall be made, the sum of twenty shillings for each offence, to be recovered, with costs, before any justice of the peace of the county where such sheriff, deputy | Sheriff, &c. receiving fees, &c. shall deliver to the party a
distinct account of the articles with a receipt, or be subject to a penalty, and liable to the
party's action. |
| sheriff, or collector, shall reside; and such sheriff, or other officer, shall moreover be liable to the party grieved for all damages he may sustain by means of such officers demanding and receiving a greater sum than shall be really due, to be recovered by action of trespass on the case, before any court of record within this colony, in which action, where the plaintiff shall recover, he shall also recover his full costs. | |
| IV. And whereas by an act of the general assembly, passed in the tenth year of his present majesty's reign, the inhabitants of the county of Botetourt were allowed to discharge all secretary's, clerks, and other officers fees, at the rate of eight shillings and four pence for every hundred weight of gross tobacco, and it is reasonable that the same liberty should be granted to the county of Fincastle: Be it therefore further enacted, by the authority aforesaid, That from and after the first day of December next, the inhabitants of the said county of Fincastle shall discharge all fees due from them to the secretary, clerks, and other officers, in the said county, at the rate of eight shillings and four pence for every hundred weight of gross tobacco. | Tobacco fees due in Fincastle may be discharge at 8s. 4d. per cent. |
| Pages 493-505
| Pages 526-545
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