Exception.

Boats and

canoes, penalty for privately taking them.

Creditors suing their debtors who have tendered satisfac

tion, to pay costs.

No act of court or proclamation to contravene

an act of assembly.

Sheriff of each county

to keep pri

publique charges, ministers, duties excepted, not exempting their familyes excepting such as shall be imployed in cheife.

ACT XLIII.

FFOR as much as divers persons suffer great dam age by private and concealed takeing away of boats & canoos without license from the owners thereof, It is enacted and confirmed by the authoritie aforesaid that the comissioners of each county shall be hereby authorized and required to order and give satisfaction from the party soe trespassing vnto those injured by want of his or their boat, boats or canoos.

ACT XLIV.

WHEREAS divers suits have been causelessly commenced when satisfaction hath been preferred, Yet creditors for sundry and sinister malicious ends have sued their debtors to the further charging of poor men and troubling of the government, Be it therefore enacted and confirmed that all plts. shall demand satisfaction for what the claim as due vnto them from the partie they sue, and make sufficient and legal proofes of such demands at the tyme when they shall sue, to the intent that if such satisfaction hath been prefered as the court shall approve, then the charges by such plts. who have vnnecessarily troubled their debtors.

ACT XLV.

IT is enacted and confirmed that no act of court or proclamation do hereafter enjoyne any obedience contrary to an act of Assembly vnless in manner of seating of new plantations, Provided that no refractory person do refuse obedience and conformitie to an act of Assembly vnder any pretence whatsoever vntil the reversal of the same by the following Assembly.

ACT XLVI.

BE it enacted and confirmed by the authoritie aforesaid that the sheriffs of the severall counties

spectively shall detaine and keep all such prisoners as shall from time to tyme happen to be within the said severall counties as there to have their tryall before the Governor and Counsell att Ja: Citty vntill the first day of the said court which shall be appointed for their tryall, And that then the said sheriffs or their deputies are to deliver the said prisoners into the custody of the sheriff of James Citty, And be it further enacted and confirmed that the comissioners of the severall countyes doe take care that sufficient prisons be built for the vse of the severall countyes respectively.

Be it further enacted and confirmed by the authoritie aforesaid that if any person shall happen to escape from the hands or custody of any sherriffs of any severall countyes respectively for want of a sufficient prison in each county, All such sheriffs shall find his remedie against the severall countyes which shall be delinquent in the building of prisons, And it is also enacted and confirmed that the said sheriffs shall bring in account att every Grand Assembly of such charges and disbursments as are occasioned in their severall countyes, by keeping his ma'ts. prisons and the said disbursments to be satisfied out the publique charge.

ACT XLVII.

Be it further enacted and confirmed by the authoritie Secretary's of this present Grand Assembly that the Secretarye his fees. ffees shall be as followeth (vizt.)

And it is further enacted and confirmed by the authoritie aforesaid that it shall be lawfull for Mr. Secretary or any for him to demand and take twelve pence for everie foure pounds of tobacco of such as are wil

15

30

06

Secretary's clerk of quar

ter court, his fees.

Clerks of

County

courts, their fees.

Sheriffs, their fees.

ling to satisfie fees in money, Provided that no inhabitant may have cause to complain of the stay of his buisness for want of money.

Be it further enacted and confirmed by the authori tie aforesaid that the flees hereafter mentioned shall be belonging to the Secretary's clerke of the quarter court, as followeth, for the entry of everie appearance two pound of tobacco to be paid by the deft. for the coppie of everie petition, answer and reply, or any other writing that shall pass under the hand of either plt. or deft. before the fileing in the office, which shall be after judgment past in court (vizt.) six pounds of tobacco for every such petition, answer, reply or other writing as aforesaid, And the severall sherriffs are hereby enjoyned to collect the fees of the Secretary and the Clerke of the Counsell, with power to distrain in case of refusal or deniall to make payment together with the generall leavies.

Be it further enacted and confirmed by the authoritie aforesaid, That the flees of the clerke of the severall county courts be as followeth (vizt.)

Be it further enacted and confirmed by the authoritie of this Grand Assembly that the sheriffs' fees shall be as followeth :

If vnto two thousand

If above two thousand then 10 lb. vpon every
thousand

ffor impannelling a jury for everie cause
ffor attachm't: half as much as for execution
and accordingly.

60

00

12

Burgesses

wages to be counties.

levied on the

Their ac

counts to be produced to the county courts.

Be it further enacted and confirmed by the authoritie of this present Grand Assembly that the inhabitants of the several counties and precincts shall be assessed in the defraying of the Burgesses charges expended in their imployment to be levied by the sheriff of each county respectively, And vpon refusall in case of noupayment to make seizure by vertue of this authoritie, Allways provided that the Burgesses produce their charge to the countie courts, who are hereby required to rayse proportionably vpon the estates of tithable persons, And be it further enacted and confirmed that if any assembly be sumoned and disolved before the first of March the charge of the Burgesses to be levied that present yeare, Provided, that if it happen in or af ter March to be satisfied the following yeare, And it is further enacted and confirmed by the authoritie aforesaid, that if any Burgesses shall employ their owne servants in their publique service as by attendance vp- Burgesses to on any Burgesses, The inhabitants of the severall cincts respectively are to allow worke for so many days as they are soe employed.

ACT XLVIII.

pre

WHEREAS at an Assembly in June 1642 the orchard with two houses belonging to the collony were presented to the Governour Sr. William Berkly as a free and voluntary gift in consideration of many worthy favours manifested towards the collony, Be it therefore enacted and confirmed by the authoritie of this Grand Assembly that the said orchard and houses [a] be confirmed to the said Sr. William Berkley, Governour and to his heires for ever.

ACT XLIX.

Proviso

where an assummoned and dissolv

sembly is

ed.

be allowed for their servants.

WHEREAS it was appointed by an act of As- Money debts sembly January 1641, that noe debts made within not pleadable [a] "Howsen" in MS.

or recover

able except contracted for horses, mares and sheep.

Barrels to be sealed VG.

Contents.

Penalty.

Bushels.

the collony for money shall be pleadable and recovera ble in any courts within the same, The Governour, Counsell and Burgesses of this present Grand Assembly do hereby confirm the said act, Provided that according to an act of Assembly in June 1640, for the encouragement of those that are owners of horses, mares, and sheepe, that all money debts whatsoever made for any horses, mares, or sheepe shall be pleadable and recoverable in any courts within the collony any thing in the former act made in January 1641 or their said acts to the contrary notwithstanding.

ACT L.

WHEREAS at an Assembly in January 1641, It was enacted that the com'rs. of everie monethly court respectively should seale all barrells brought vnto them, when they were therevnto required with this mark VG: which barrells are to containe five bushells of Winchester measure that is to say fourty gallons and all barrells so sealed to be allowed of and none others after the fleast of St. John Baptist, next after the publication hereof, vnder the penaltie of a forfeiture of fourty pounds of tobacco for everie time such an vnsealed barrell is vsed after the feast aforesaid, And likewise for bushells vpon the penalty aforesaid, All persons whatsoever being thereby required to take notice of this act and accordingly to provide, This present Grand Assembly to all intents and purposes doth hereby confirm

the said act.

Popish recu

sants disabled from

holding any offices.

Or persons refusing to take the

oaths of allegiance & supremacy.

ACT LI.

WHEREAS it was enacted at an Assembly in January 1641, that according to a statute made in the third year of the reigne of our soverign Lord King James of blessed memory, and that no popish recusants should at any time hereafter exercize the place or places of secret councellors, register or comiss: surveyors or sheriffe, or any other publique place, but be vtterly disabled for the same, And further it was enacted that none should be admitted into any of the aforesaid offices or places before he or they had taken the oath of allegiance and supremacy, And if any peson or persons whatsoever should by sinister or corrupt meanes