deserted Land be denyed of having the first grant he making his Rights appear when he Petitions for the Land And whereas the former Act concerning deserted Lands reserved to the first taker up his Rights to take up Land in another place It is here Enacted That in regard he hath had the benefits of his Rights held the Land in possession might make use of the Timber without contradiction and yet neither pays the King any Rents nor suffers him to admit any new Tenant that the Rights aswell as the Land shall be forfeited and the Grantee made incapable of using any of them afterwards Provided that any person having taken Upland deserted before the making of this Act in November 1652. shall not by vertue of this Act be outed of possession LXX Seating upon others Dividents WHereas divers Suits have risen about Seating ignorantly upon other mens Lands for desiding the same Be it enacted that if any person whatsoever hath built or seated upon any Lands supposed his own but proving by a Just Survey to belong to another the charge of such building Seating or Cleering shall by twelve men upon their Oaths be indifferently valued and the consideration by the said Twelve men so adjudged shall be paid by the owner of the Land to the first Seater that was at the charge But if that shall amount to more then the said Owner is willing to disburse then the said Twelve men shall make a valuation of what the Land was worth before the Seating thereof which the Seater shall accordingly pay to the true Owner Provided alwayes That no consideration shall be allowed for Building or Cleering to any person that shall obstinately persist after lawful warning given him to desist LXXI Not to Shoot or Range upon other mens Lands WHereas the Rights and Interests of the Inhabitants are very much infringed by the hunting shooting of divers men upon their Neighbours Dividends contrary to the Priviledges granted them by their Pattents whereby many Injuries do dayly happen to the owners of the said Land Be it Enacted That if any Planter or other shall hunt or shoot within the limits of anothers Dividend without leave first obtained from the Proprietor he or they so offending shall forfeit for every such Trespass Four hundred pounds of Tobacco one half to the Owner of the Land and the other half to Publique uses Notwithstanding it shall be lawful for any person or persons to hunt or shoot upon any Dividend of Land not planted or seated though taken up without restraint or penalty Provided also That it shall be lawful for any person that hath shot any game without the limits of another mans Land to pursue the same into any mans Dividend and freely to carry away the same as also to seek or fetch his own Cattle or Hoggs off of any mans Land first giving notice to the owner of the Land of his intent and of the time he intends to stay upon it to the end that the said owner may if he think fit send one to see what Cattel or Hogs he drives away Provided alwayes that it shall be lawful for the Governour to Commissionate some Gentlemen to give licence to persons to hunt wild Hogs upon any mans Land without their Fenced Plantations LXXII Lands five years in possession WHereas sundry Suits and Controversies have been and dayly do arise about Claims and Titles to Lands to the great impoverishing of divers persons For Remedy whereof and for the better establishing the Inhabitants in the Rights and Possessions hereafter Be it Enacted That all persons whatsoever that have or do pretend any Title to any Land shall prosecute their Claims before the said Land hath been peaceably enjoyed Five years otherwise it shall be a good plea in Bar for the Possessour of such Land Claimed or Possessed to affirm He hath had peaceable Possession without Claim by Commencement or Prosecution of Suit full five years proof whereof shall be a sufficient Confirmation to the Possessor and shall conclude the Claim and Title of the pretender And this Act to extend to all such as have not prosecuted their Title within five years since the 6 day of October 1646. Alwayes provided that the limitation of five years in this Act expressed shall not bar Orphans nor Widows under Covert nor persons out of the Countrey nor persons of unsound mind But that the said Orphans shall have five years after they be of Age Women five years free from Coverture viz. If she marry again before her five years are expired and her husband omit to make Claim his omission shall be a good bar against him but if the Woman survive she shall have so long time allowed her to Claim in as will make up the first time of her freedom Five years Persons of unsound mind five years after their recovery from their impotence Persons out of the Countrey five years after their Arrival in the Countrey Provided they come in within two years after the Title to the Land became due in which times if they Claim not as aforesaid to be utterly barred for ever For otherwise the expectation of Heirs out of England where there is none born here must in a short time leave the greatest part of the Countrey unseated and unpeopled no man knowing how or of whom either to purchase or take Lease LXXIII Against Fraudulent Conveyances BE it enacted and confirmed That no person or persons whatsoever shall pass over by Conveyance or otherwise any part of his Estate whether Lands Goods or Cattel whereby his Creditours not having notice thereof might be defrauded of their just Debts unless such Conveyance or other Deeds be acknowledged before the Governour and Council at the General-Court or before the Justices at the County-Courts and there Registred in a Book for that purpose within six moneths after such Alienation And whoever shall make over or alienate any part of his Estate otherwise then is here expressed the same shall not be accompted valid in Law nor shall it bar any Creditor by seizing the same by Law for satisfaction of the Debt the Property of the Estate not being legally vested in any but the first Vendour And it is further Enacted That any Conveyance made and acknowledged and recorded shall not be held good in Law against any Creditours or former Purchasers until four moneths after such Acknowledgment made and recorded in which time the Creditours or former Purchasers may shew for what cause the said Conveyance is to be accompted Fraudulent but if none appear within the said four moneths after the first Acknowledgment in Court then the Sale shall be for ever after good against all other Claimers or Pretenders whatsoever unless such as pretend to overthrow the first sellers Title in whom only five years possession can bar Provided that this Act shall not extend to such persons who for satisfaction of just Debts shall make a Bill of Sale of their Estates or any part thereof and deliver
Child Administers the Surplusage after Debts paid and the funeral charge according to the quality of the person allowed for shall be equally divided between the Widdow and Children viz. one full third of the personal Estate to the Widdow and the other two Thirds among the Children if any of which dye before it come to age his proportion to be devided among the surviving Children And whereas It hath been the frequent evil practice of Administrators assoon as they have obtained an Order to Administer to Act as Administrators by vertue of that Order without giving security or taking out their Commissions so that the Estate being imbezelled away no Accompt can be given thereof Be it therefore Enacted That who ever pretends to Administer upon any Estate shall bring to the Court sufficient security before the Order shall be granted and an Order thus obtained legally by giving such security to be truly accomptable to bring in a true Inventory and to perform such things as the Administrators by Law are enjoyned shall not at any time after be reversed unless the party that obtained the same dye before he hath given an Accompt of the Estate and obtained his Quietus In which case the Court is impowred to grant the Administration of that Estate so not accompted for to some other person who may by vertue thereof call his Heirs Executors or Administrators of the former Administrators to Accompt who shall pay out of the said deceased Admistrators Estate all such debts as shall be found due to the Estate he Administred upon in the first place LXVI Concerning Orphans COncerning Orphans Estates be it enacted That all Wills and Testaments be firm and inviolable unless the Executors or Overseers do refuse to execute the Trust reposed in them by the Testator In which case the Court may appoint others to Act according to the Will but if the said Will be so made that no person will undertake the managing of the Estate or Education of the Orphans according to the Tenour of it then that the Estate by the appointment of the Court shall be managed according to the Rules set down for the ordering the estate of persons Intestate as followeth First That no Accompt be allowed for Dyet Clothes Physick or else against any Orphans Estate but they to be Educated and provided for by the interest of the Estate and Increase of their Stock according to the Proportion of their Estates if it will bear it But if the Estate be so mean and inconsiderable that it will not extend to a free Education Then it is Enacted That such Orphans shall be bound Apprentices to some Handi-craft Trade until one and Twenty years of age except some Kinsman or Relation will maintain them for the Interest of the small Estate they have without diminution of the principal which whether great or small alwayes to be delivered to the Orphan at the years appointed by Law That all Cattel Horses and Sheep be returned in kind by the Guardian according to Age and Number when as he received them And because several had before the first making of this Act Estates of Orphans in their hands which they kept for the Male-increase and giving the yearly Accompt of the Augmentation or Diminution of the Orphans Stock which by the carelesness or wickedness of the Guardians was usually consumed before they came to age and disputes thereupon arise in the several Courts how such persons should be proceeded with and Accompts of Orphans Estates how to be given them It is hereby declared That all persons possessed of Orphans Stocks before the first making this Act shall be bound to deliver to the Orphan when he comes to age such and so many of any kind as he was possest of when he gave his Accompt to the next Orphans Court succeeding the publication thereof That all Place and Money be preserved and delivered in kind according to the weight and quantity that other Houshold-stuff and Lumber be apprized in Money and the value thereof paid by the Guardian to the Orphan when he comes to age in the Countrey Commodities at the price Currant as it shall be worth at the time in the place where the Orphan Estate is managed That the Court take able and sufficient security for Orphans Estates and enquire yearly of the security and if the Court see cause to have it changed and called in and placed as the Court shall think fit the said Court to enquire also whether Orphans be kept maintained and educated according to their Estates and if they find any notorious defect to remove the Orphans to other Guardians And also for those that are bound Apprentices to change their Masters if they use them rigorously or neglect to teach them their Trades That no more be allowed to Guardians for Collecting of Debts due to any Estate then ten in the hundred the usual allowance of Merchants to their Factors and Attorneys That Thirty pounds of Tobacco per day be allowed to each Apprizet for Apprizement of any Estate if they will take it and no more That no allowance be made by the Court of Excessive Funeral expences but that a Regulation thereof be made according to the Proportion of the Estate and the Quality of the Person LXVII Orphans-Land not to be aliened BE it also Enacted for the future benefit of al Orphans That the several County-Courts do take into their serious consideration and care that the Lands in their County belonging to any Orphan be not aliened sold or taken up as deserted Land by any persons during the minority of the Orphan and that the Guards or Overseers of any Orphan do not lett set or Farm out any Land belonging to any Orphan for longer Tearm than until the Orphan be of age and that an especial care be had that the Tenant shall improve the Plantation by planting an Orchard and building a good House and that the Tenant be bound to maintain good Fence about the Orchard and keep the House in sufficient repair and leave it Tenantable at his surrender and that Provision be made in the Lease for preventing all Wast of Timber or imploying it to any other use then the use of the Plantation LXVIII Grants of Land BE it hereby Enacted That any person or persons claiming Land as due by Importation of Servants shall first prove their Title or Just Right before the Governor and Council or produce Certificates from the County-Courts to the Secretarie's Office before any Survey be made or Grant admitted It being unreasonable that others furnished with Rights should be debarred by pretence of a Survey which in it self is no Title LXIX Deserted Lands BE it also Enacted That no Pattent of Land shall hereafter pass upon pretence that the Land is deserted for want of Planting within the time of three years unless proof thereof be made before the Governor and Council and an Order obtained from them for the Pattenting thereof neither shall the first Petitioner for any
then it will be when time hath rased out all knowledge to the Bounds and added a great value to the Land Be it Enacted further That each County-Count shall appoint and order the Vestries of each Parish to divide the Parishes into so many Precincts as they shall think necessary for the Neighbours to joyn in and see each others Marks renewed and to appoint certain dayes between Easter and Whitsontide to go the said Processions and put this Act into effectual Execution And in case the Court shall omit to make such Orders and to send the same to the several Vesteries of the Parishes in their Counties they shall be fined Ten Thousand pounds of Tobacco And the Vesteries failing to order the Precincts and the persons to go together shall be fined Twelve hundred pounds of Tobacco And the person failing to go upon the day appointed or to renew his Marks accordingly shall for his neglect be fined Three hundred and fifty pounds of Tobacco LXXIX Surveyors for High-wayes WHereas through the frequent Alterations of the High-wayes by falling of Trees over them and many times taking them into Fenced Plantations to the great hinderance of Travellers and Traders Be it therefore Enacted That the Justices do yearly in October-Court appoint Surveyors of the High-wayes who shall first lay out the most convenient wayes to the Church to the Court to James-Town and from County to County and make the said wayes forty foot broad and make Bridges where there is occasion And the Wayes being thus laid out and Bridges made they shall cause the said Wayes to be kept cleer from Logs and the Bridges in good repair that all his Majesties Subjects may have free and safe passage about their Occasions And to effect the same the Vestries of every Parish are upon the desire of the Surveyor hereby enjoyned and impowred to order the Parishioners every one according to the number of Tithables he hath in his Family to send men upon the dayes by the Surveyors appointed to help them in Clearing the Wayes and Making or Reparing the Bridges according to the intent and purpose of this Act. And if any Court shall omit the appointing Surveyors or they neglect the Executing their Office or the Vestry to order the Work or any person to send help according to the said Vestries order the said Court Surveyor Vestry or Person shall be Amerced Five hundred pounds of Tobacco to the use of the County And if any person shall contrary to this Act fall Trees upon the High-wayes and not clear the same or inclose any part of the said High-wayes within any Fence the Grand-Jury shall present the same as a common Nusance and the Inclosure shall be thrown open and the Offender be fined One Thousand pounds of Tobacco to the use of the County And if any Counties have Creek or Swamp limitting the Bounds between the said Counties it is Enacted that both Counties bounding upon such passage shall contribute to the making the Bridge or making the way over it LXXX Tobacco when to be demanded WHereas many Creditors for several by-respects neglect the Demanding the Tobacco due to them in due time by that means inforcing the Debtor to the inconveniency of not disposing of his Tobacco and yet not paying his Debts to the great dammage and prejudice of the said Debtor Be it therefore Enacted that every person or persons not demanding his or their Debts between the Tenth of October and the last of January shall not sue or implead any person or persons indebted to him or them for present payment but it shall be lawful for any person owing Tobacco to dispose of the same for his own use after the said last of January if it have not been demanded according to the tenor of this Act and no execution to issue for a Tobacco-Debt but against the person who shall have liberty to free himself by putting in Security to pay the Debt the following Crop Provided alwayes that it shall be lawful for the Creditor to sue or implead his Debtor for Security for his Debt against the next year any thing in this Act to the contrary notwithstanding LXXXI Judgments and Specialties how long pleadable WHereas the nature of our Trade in Virginia enforceth us to engage by Bills Bonds and other Writings for discharge of which in part or in whole the Debtor is often constrained to accept of Receipts the said Bills Bonds Judgments and other Writings remaining still in the hands of the said Creditor and the Receipt being oftentimes lost the Debtor and especially the Executors and Administrators of a person Deceased not being able to prove payment those Debts are frequently demanded and unjustly recovered which before had been justly paid and discharged For remedy whereof Be it Enacted That no Bills or Bonds be of force or recoverable five years after the date of the said Bills or Bonds nor any Bills or Bonds heretofore made five years after the date of this Act. As also that no Judgment shall be of force seven years after the Grant thereof or after the date of this Act as aforesaid but if the Debtor shall depart the Countrey and leave no Attorney to Answer for him or any other way conceal or privily remove himself into any part of the Countrey and by that means render the renewing of the Bill impossible such time of his absence or concealment shall not be accompted any part of the five or seven years limited LXXXII Atturnies for Business out of England WHereas many persons in this Countrey entertain as Atturnies many troublesome Businesses out of England and other places where justly there is no occasion for such Molestation and yet the parties molested are left destitute of relief by reason the said Disturbers have no Estate in this Country to satisfie Damages they are condemned in Be it therefore Enacted That no Atturney by any power out of England or else where shall sue or implead any person of this Colony without giving first good Security that he the said Atturney shall pay all such Costs and Dammages as the Court shall award against him where the Law shall find that he the said Atturney hath by that power unjustly molested the Defendant LXXXIII Burgesses WHereas no provision hath been made for the certain Conveyance of Publique Writs for the Election of Burgesses whereby the delivering the said Writs being Retarded the Sheriff hath no time to give notice to the people according to Law nor make a timely Return of the Writs nor can the Burgesses appear at the day For remedy whereof Be it Enacted by this present Grand Assembly That the Secretary provide for the timely conveyance of the Writs into every County to be delivered to the Sheriff thereof and for his pains be paid One hogshead of Tobacco weighing Three hundred and fifty pounds for every County and in case any neglect be proved against him that he be fined for such neglect at the discretion of the Assembly Alwayes
Prophaning Gods holy Name or Sabboth abusing or contemning his holy Word and Sacraments or absenting themselves from the exercise thereof as also of those foul and abominable sins of Drunkenness Fornication and Adultery and of all malitious and envious Slandering and Backbiting For the better manifestation whereof the said Church-wardens are Impowred to cause all such persons upon whose Reports they ground their Presentments to appear at the respective County-Courts to which the Presentments are made to give in their Evidences concerning the same XIV Burial of Servants or others privately Prohibited WHereas the private Burial of Servants and others give occasion of much Scandal against divers persons and sometimes not undeservedly of being guilty of their Deaths from which if the persons suspected be innocent there can be no Vindication nor if guilty no punishment by reason they are for the most part Buried without the knowledg or view of any others then such of the Family as by nearness of relation as being Husband Wife or Child are unwilling or as Servants are fearful to make discovery if Murther were committed for Remedy whereof as also for taking away that Barbarous Custom of exposing the Corps of the Dead by making their Graves in common and unfenced places to the prey of Hoggs and other Vermine Be it Enacted That there be in every Parish three or four or more places appointed according to the greatness or littleness of the same to be set a-part and fenced in for places of publique Burial for that Precinct and further that before the Corps be Buried there be at least three or four of the Neighbours called who may in case of suspition view the Corps and if none yet according to the decent Custom of all Christendom they may accompany it to the grave And be it further Enacted That no persons whether free or servants shall be buried in any other place then those so appointed unless such who by their own appointment in their life-time have signified their desire of being interred in any particular place elsewhere XV. Church-wardens to keep the Church in Repair and provide Ornaments AND it is further Enacted That the said Church-wardens take care and be impowred during their Church-wardenships to keep the Church in repair provide Books and decent Ornaments viz. a great Bible two Common-Prayer-Books a Communion-Cloth and Napkins a Pulpit and Cushion this present year and after annually something towards Communion-Plate Pulpit-Cloth and Bell as the ability of the Parish will permit And that they the said Church-wardens do faithfully collect the Ministers dues cause them to be brought to convenient places and honestly pay them and that of all their Disbursements and Receipts they give a true accompt to the Vestry when by them required who are impowred by a former Branch of this Act to levy the same upon the Parish and by this to give the said Church-wardens a sufficient discharge XVI Registers to be kept by the Ministers or Readers WHereas many differences do frequently arise about the age of Orphants and enquiries are often made for persons Imported into this Countrey and here deceased and no positive Certificates can be granted of the Age of one or Death of the other by reason no Registers have been kept which might by the Record there entred evidence the same Be it therefore Enacted That the Minister or Reader of every Parish shall well truly and plainly Record all Births Burials or Marriages that shall happen within the Precincts of that Parish in a Book to be provided by the Vestry for that purpose And if any Master of a Family or other person concerned shall omit the giving notice to the said Minister or Reader of the day of the Birth Death or Marriage of any to him or them related the space of a Moneth such person for such his neglect be fined One hundred pounds of Tobacco And that the Minister have for their entry of such Birth Death or Marriage Three pounds of Tobacco and if they neglect entring the same as aforesaid that they be fined upon discovery made of the said neglect five hundred pounds of Tobacco to the use of the Parish XVII Licences for Marriage how to issue AND whereas many times Licences are granted and the persons are Marryed out of the Parishes which Licences have been usually granted by the Governour whose knowledg of persons cannot possibly extend over the whole Country Be it Enacted That henceforward all persons desiring Licences for Marriage shall first repair to the Clerk of the County-Court and there give Bond with good Security that there is no lawful cause to obstruct their said Marriage and that upon receipt of such Bond the said Clerk shall write the Licence and certifie to the first in Commission for that County or such other whom it shall please the Governour to Depute that he hath taken a Bond as aforesaid who by vertue thereof shall signe the said Licence and direct the same to the Minister And to the end that the legal Grant of the said Licence may be made Evident and the Governour ascertained of his just dues It is further Enacted That the said Clerk shall yearly in September-Court return the Names of the parties Marryed and of the Security to the Secretaries Office there to be Recorded and further that he deliver an accompt of the Fees due for the said Licences to the Sheriff or Collector of the County who is hereby required to Collect the same with the Levies and to make payment thereof to the Governour and others to whom they are due And any Clerk making default in any of the premises to forfeit One thousand pounds of Tobacco to the use of the Governour The Fees for the Licences to be as followeth viz. to the Governour Two hundred pounds of Tobacco or Twenty shillings sterling to the Clerk for writing the Bond Licence Certificate and returning the same to the Office Fifty pounds of Tobacco and to the Secretary for Recording the same in the Office as aforesaid Forty pounds of Tobacco and the Minister Marrying with a Licence Two hundred pounds of Tobacco or Twenty shillings sterling if by Banes Fifty pounds of Tobacco or five shillings XVIII Provision for a Colledge WHereas the want of able and faithful Ministers in this Countrey deprives us of those great blessings and mercies that alwayes attend upon the Service of God which want by reason of our great distance from our Native Countrey cannot in probability be alwayes supplyed from hence Be it enacted That for the advance of Learning Education of Youth Supply of the Ministry and Promotion of Piety there be Land taken up or purchased for a Colledge and Free School and that there be with as much speed as may be convenient housing Erected thereon for entertainment of Students and Scholars Whereas an Antient practice of this Countrey hath contrary to Law and Reason ignorantly vested the Lands of persons intestate in the hands of Administrators of whom divers persons
have purchased and hold their Lands by no other Titles then such sales which can be of no validity against the claim of the King whom no time can prescribe and to whom if an Heir appear not the Land must of necessity devolve And if the King should at any time give express Order to an Escheater to make inquiry into the Titles we hold by the said Escheater cannot by vertue of his Office but find all such Lands for the King which we Francis Morison and Thomas Ludwell who are at present intrusted by his Majesties Treasurer to make composition for all Lands so Escheated to his Majesty taking into our serious consideration and out of our tender care of many poor men who by the loss of Lands thus perhaps dearly purchased and honestly payd for and out of our sense of the many inconveniences and great damages would fall upon them by being ousted out of their Possessions by the severity of a too rigorous Escheator and that on the other side we might not seem to debarr his Majesty of his just Rights we have thought it convenient to propose a certain Rule for Compositions for all Lands held by any pretended Right two years by which while the power is in our hands we shall proceed and if the Assembly think it a favour we shall joyn with them making it our request to Major Norwood his Majesties Treasurer to get his Majesty to confine them that no succeeding Escheator may at his pleasure rigorously exceed these our moderate and reasonable Demands 1. We concede that any person having been two years in possession of any Land that ought to have been vested in his Majesty by Escheat shall pay for his Composition but one Hundred Pounds of Tobacco for every fifty acres besides the Fees for finding the Office and drawing the Conveyance 2. That every person having been so in possession two years as aforesaid shall have Eight Months time to petition for and make their Composition but if they defer it longer and another sue for it and obtain it they can impute the blame to nothing but their own neglect 3. That where there is a Widdow she shall enjoy the Land of her Husband during her life and be admitted in the first place to make her Composition for the Fee-simple in case she signifie her desire within the time aforesaid That all Lands escheated before the two years aforesaid the person concerned shall pay for his Composition as aforesaid but all Lands which shall hereafter lapse or which have lapsed within the two years last past the Composition to be made for with those by his Majesties Treasurer appointed and authorized thereunto and that the Widdow be admitted in the first place she making her claim within Eight Months according to the Proposition abovesaid XIX Courts WHereas the name of Quarter-Courts is altogether unsuitable to the nature of those Courts held by the Governour and Council both in respect there are but three of those Courts in the year as also because they are not equally distributed in the Quarters of the Year September and November being too neer and March too long from them to admit of that Title Be it therefore enacted That the said Courts be no longer stiled Quarter-Courts but that they be henceforth called General-Courts a name more suitable to the nature of them as being places where all persons and causes have generally audience and receive determination Whereas the Acts of Assembly already made are very defective in prescribing the Rules to be observed in the proceedings both in those General and the particular County-Courts for want whereof many errors are committed the respects due to the Courts so nearly representing His Majesties sacred Person by the clamorous unmannerliness of the people lost and the Order Gravity and Decorum which should manifest the authority of a Court in the Court it self neglected And in regard the long omission of those hugely material though in themselves little things of form hath caused all things still to continue in the first disorders It hath appeared necessary to this present Grand Assembly to set down the Rules and Forms themselves for the beginning continuance and proceedings in the said Courts as followeth And it is therefore enacted That the General-Courts begin and continue as followeth viz. General Courts to begin and continue That March-Court begin the Twentieth of March if it be not Saturday or Sunday and then the Munday following and hold eighteen dayes not accounting Sundays in the number That September-Court begin the Twentieth of September if it be not Saturday or Sunday and then to begin the Munday following and hold Twelve dayes not accompting Sundayes in the number That November-Court begin the Twentieth of November if it be not Saturday or Sunday and then to begin the Munday after and hold twelve dayes not accounting Sundayes in the number That Adjournments of the said Courts be alwayes avoided and that they begin precisely upon the day that all persons knowing the day of the return of the Writs may accordingly give their attendance Stile how entred That the Stile of the Court be entred thus At a General Court held at James-City the twentieth of _____ by His Majesties Governour and Council in the _____ year of the Raign of our Soveraign Lord Charles the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith c. and in the year of our Lord God _____ present Insert the name of the Governour and Council Silence commanded Then let the Cryer or under-Sheriff make Proclamation and say O Yes O Yes O Yes silence is commanded in the Court while His Majesties Governour and Council are sitting upon pain of Imprisonment Suitors to appear After Silence commanded let the Cryer make Proclamation saying All manner of persons that have any thing to do at this Court draw neer and give your attendance and if any one have any plaint to enter or suit to prosecute let them come forth and they shall be heard When silence is thus commanded and Proclamation made upon calling the Docket the Cryer shall call for the Plaintiff Calling the Plaintiff A. B. Come forth and prosecute thy Action against C. D. or else thou wilt be nonsuite and the Plaintiff putting in his Declaration the Cryer shall call for the Defendant Calling for the Defendant C. D. come forth and save thee and thy Bail or else thou wilt forfeit thy Recognizance For proceedings in the said Courts Warrants to be issued by the Clerks XX. Actions to be Proportioned BE it Enacted That Warrants be issued by the Clerks of the General Courts and the said Clerk so proportion the number of his Actions that there be for each day Twenty and that until there be Twenty Actions entred for the first day no Warrant issue for the second and then Twenty for the second before any issue for the third and so proportionably Twenty per day for so many days as there are
it bona fide into the possession of the Creditour but such Act shall be good and valid to all intents and purposes this Act being made only to prevent fraud and deceit LXXIV Quit-Rents how to be paid WHereas his Majesties hath by his Commissioners appointed a Treasurer to receive the Quit-Rents and other Fees and Profits due to his Majesty And the payment of Quit-Rents being due in Money which we being destitute of Coin cannot procure Be it Enacted That those persons that cannot procure Money shall pay their said Rents in Tobacco at two pence per pound to such Collector or Collectors as by his Majestie 's Treasurer shall be appointed and that the Countrey paying the Rents double the two next years shall be acquitted from all Arrears by Assent of the Honourable Sir William Berkeley who is authorized by the Treasurer to make Composition LXXV Surveyors of Land BE it Enacted That Surveyors of Land shall demand no more than Twenty pounds of Tobacco for measuring One hundred Acres of Land if the parcel exceed Five hundred Acres but if under to be allowed One hundred pounds of Tobacco and for the same shall deliver an exact Plot of each parcel Surveyed and Measured And if any Surveyor upon reasonable demand shall refuse to measure the Dividend for any person whatsoever for the consideration and satisfaction aforesaid such Surveyor shall be liable to the censure of the Court in that County where he liveth And if any Surveyor shall be desired to go further from his place of Residence than he can return in one day such Surveyor shall have the allowance of Thirty pounds of Tobacco per day for every dayes absence from his dwelling and if his passage cannot be but by Water then such persons as shall imploy him shall provide for his transport out and home Provided no pay to be received before the Plot delivered LXXVI Land to be plainly Marked and Bounded WHereas many Contentious Suites do arise about Titles to Land occasioned much through the Fraudulent and underhand-dealing of Surveyors who frequently make sales of the Surveyes by them made in the behalf of one person to another whereby oftentimes he that had the first and justest Right is unjustly deprived of his due For prevention whereof for the future Be it Enacted and Ordained That no Surveyor of Land shall give a Plot of any Land Surveyed by him unto any other person whatsoever untill six moneths after such Plot is drawn according to its Survey And that all Land Surveyed shall be at the Surveying thereof plainly Marked and Bounded for all persons to take notice of that none may by the ignorance of the Bounds intrench upon anothers Right And the persons offending either in giving out of Surveyes contrary to this Act or not sufficiently marking his Bounds to forfeit Five hundred pounds of Tobacco for every hundred Acres the Survey shall be given of to the use of the Countrey LXXVII What Fences shall be sufficient BE it also enacted and confirmed by this present Grand Assembly That every Planter shall make a sufficient Fence about his cleared ground at the least four foot and a half high which if he shall be deficient in what Trespass or Dammage soever he shall receive or sustain by Hogs Goats or Cattel shall be his own loss and detriment And also if it shall happen that any person shall hunt any of the said Horses Mares Hogs Goats or Cattel that shall so offend and do them harm he shall make satisfaction for any of them that shall be so hurt to the owners of them to be recovered in any Court of Justice within the Colony And it is further Enacted That where any Horses Mares Cattel or Hogs shall endamage any person for want of such Fence as aforesaid and the party damnified do wilfully kill or otherwise hurt so as the Cattel Hogs Horses or Mares do die of such hurt whether by Dogs set upon them or otherwise in such case the owner of the ground shall not only be liable to satisfie the value of such Horses Mares Hogs or Cattel but by vertue of this Act be adjudged to satisfie double the value of such Horses Mares Hogs or Cattel so killed to the owners of them And further Be it enacted That where the Fence shall be adjudged sufficient viz. four foot and a half high and close down to the bottom that in case any Dammage or Trespass be then done or committed to any person having such Fences by either Horses Mares Goats or any other Cattel whatsoever the owners of such Horses Mares c. shall be liable to make satisfaction for their Trespass and Dammage to the person injured in case the Fence be found by two honest men appointed by the next Commissioner to be sufficient LXXVIII Bounds of Lands to be every four years renewed by the view of Neighbourhood WHereas many contentious Suits are dayly incited and stirred up about the Bounds of Land for which no Remedy yet hath been provided the 57 d. Act prohibiting Re-surveyes not applying the expected Remedies for if the Survey be just yet Surveyors being for the most part careless of seeing the Trees marked or the owners never renewing them in a short time the Chops being grown up or the Trees fallen the Bounds become as uncertain as at first and upon a new Survey the least variation of a Compass alters the scituation of the whole Neighbourhood and deprives many persons of Houses Orchards and all to their infinite losse and trouble For prevention whereof Be it Enacted That within twelve moneths after this Act all the Inhabitants of every Neck and Tract of Land adjoyning shall go in Procession and see the marked Trees of every Mans Land in those Precincts to be renewed and the same course to be taken once in every four years by which means the inconveniency of Clandestine Surveyes will be taken away and the Bounds will be so generally known and the marks so fresh that no alteration can be made afterwards And Be it further Enacted that the Bounds by the consent of the present Proprietors being once thus setled shall conclude the said Proprietours and all others Claiming from or under any of them from any future Alterations of their Bounds be there within the said Bounds more or lesse Lands then they pretend to And if it shall happen any difference to be at present that cannot be by the Neighbours themselves decided Be it further Enacted that two honest and able Surveyors shall in presence of the Neighbourhood lay out the Land in controversie and the Bounds laid out to be the certain Bounds and ever after to be renewed and continue so but the person causing tho difference to pay the charge of the Survey It tending much more to the preservation of Friendship among Neighbours to have a present and final Decision of their differences while men yet live that are acquainted with the first Surveyes and while Land is yet at a low value
them either pay Four Thousand five hundred pounds of Tobacco and Cask or four years service for every Negro so lost or dead CIII Cruelty of Masters prohibited WHereas the Barbarous usage of some Servants by cruel Masters brings so much scandal and Infamy to the Country in general that people who would willingly adventure themselves hither are through fear thereof diverted and by that means the supplyes of particular men and the well seating of his Majesty's Countrey very much obstructed Be it therefore Enacted that every Master shall provide for his Servants competent diet clothing and lodging and that he shall not exceed the bounds of moderation in correcting them beyond the merit of their offences and that it shall be lawful for any Servant giving notice to their Masters having just cause of complaint against them for harsh and bad usage or else for want of Diet or convenienient Necessaries to repair to the next Commissioner to make his or their complaint and if the said Commissioner shall find by just proof that the said Servant's cause of complaint is just the said Commissioner is hereby required to give Order for the warning of such Master to the next County-Court where the matter in difference shall be determined and the Servant have remedy for his grievance CIV Against unruly Servants WHereas the audacious unruliness of many stubborn and incorrigible Servants resisting their Masters and Over-seers hath brought many mischiefs and losses to divers Inhabitants of this Countrey Be it Enacted and Ordained That the Servant that shall lay violent hands on his or her Master Mistriss or Over-feer and be convicted thereof by Confession or Evidence of his Fellow-servant or otherwise before any Court in this Countrey the same Court is hereby required and authorized to Order such Servant to serve his or her Master or Mistris or their Assignes one year after his or her time by Indenture or custom is expired Be it Enacted That no person or persons whatsoever for any offence committed shall be adjuged to serve the Countrey as Colony-Servants CV Against Trading with Servants WHereas divers ill-disposed persons do secretly and covertly Truck and Trade with other mens Servants and Apprentices who to the great injury of their Masters are thereby induced and encouraged to steal purloin and imbezel their Master's goods Be it therefore Enacted That what person or persons soever shall buy sell trade or truck with any Servant for any Commodity whatsoever without licence or consent of the said Servant's Master he or they so offending against the premises shall suffer one Moneths Imprisonment without bail or main-prize give Bond with Security for his good Behaviour and also shall forfeit to the Master of the said Servant four times the value of the things so bought sold trucked or traded for CVI. No Tobacco to be planted after the tenth of July WHereas it hath been taken into serious Consideration that the improvement of our only Commodity Tobacco can no wayes be effected but by lessening the quantity and amending the quality and further that all stints will prove cleerly inconsistent with the Beeing of the Countrey while Mary-land remains a distinct Government unless of such a nature as may produce both the aforesaid effects without abridgment of any mans endeavours or confining him to any set number of Plants For which cause the Assembly hath Enacted That no Tobacco be planted after the Tenth of July and that whosoever shall directly or indirectly plant or replant or cause to be planted or replanted any Tobacco after the said Tenth of July shall forfeit Ten thousand pounds of Tobacco to the use of the Publique CVII No Seconds or Slips AND be it further Enacted That what person or persons soever shall tend or suffer or cause to be tended any second Tops or Slips shall forfeit Ten thousand pounds of Tobacco to the Publique Be it further Enacted That what person or persons soever shall save pack or sell or send away any ground-leaves which are hereby required to be totally supprest shall forfeit for every Hogshead proved to have the quantity of Five pounds of ground-leaf Tobacco in it Five thousand pounds of Tobacco to the use of the Publique And it is further Enacted That the Grand Jury shall take particular care of the Observation of this Act and shall make due presentment to the County-Courts of any such as shall Plant or Tend any Tobacco contrary to the tenor hereof CVIII Improvement of Staple-Commodities WHereas the uncertain value of Tobacco the Unstapleness of the Commodity and the probability of its Planting in other places threaten this Countrey with the danger of an unavoydable Ruine which must in time fall upon it by the increase of the makers of it among our selves who have already so glutted all Markets that great quantities are yearly left in the Countrey and that which is sent out sold at so mean and inconsiderable a Rate as neither Merchant nor Planter can well subsist by unless some other course be speedily taken for improvement of such other Commodities as the Countrey will produce and making as many of them as we can into Manufactures and giving encouragement to all persons of what ability soever to attempt it which the former Acts for encouragement to make Staple-Commodities have been defective in by only proposing Rewards to great quantities of every Commodity made which who ever goes about must if he fail be Ruined or if he make the quantity proposed will have no need of the Gratuity which is better to be suited proportionably to the meanest quantity Be it therefore Enacted That the Assembly this present year send into England for a considerable quantity of Flax-seed to be distributed into the several Counties and delivered to certain persons who may sell it out to several Inhabitants and the produce thereof be paid the year following with the Levy and the Countrey stock by that means made good according to the Fifth Act of the Assembly 1661. to make their proportions of Flax and who ever will Spin the Flax and cause the Yarn to be Weaved into Cloth of a yard wide shall for every Yard of Cloth so Woven of Yarn made of Flax grown in the Countrey have Three pounds of Tobacco And for every yard of Woollen Cloth made of yarn here spun in the Country Five pounds of Tobacco which upon produce of a Certificate from some Justice of Peace in the County that he hath seen the same in the Loam and that to his knowledg it was really made in the Countrey as aforesaid shall upon producing the same to the Governour and Council be paid so much in the Publique Levy in the same County where they dwell CIX Act for Mulbery-trees WHereas by experience Silk will be the most profitable Commodity for the Countrey if well managed and whereas the greatest conducement thereunto required is provision of Mulbery-trees Be it Enacted and Confirmed by this present Grand Assembly That every Proprietor of Land within