ted to mean three years after leave given to seat on the north side of York river, in consequence of the grant to the contrary, Be it inacted, That all former grants be continued and confirmed to the grantees, & that the proviso in their severall grants for seating in three yeares be interpreted to beginne from the tyme of leave granted to seate vpon the north side, And whereas divers of the inhabitants by authority, and others to avoid imminent danger from the enemie, were compelled to relinquish their plantations vpon occasion of the late masacre, It is inacted and confirmed that the inconsequence proprietors of the said land relinquished as aforesaid have time given and allowed him vntil the 20th of December 1647 to make sale or seating of the said lands, and that no grant be made in the interim to the prejudice of any such proprietor. treaty with the Indians. Proprietors of the late massacre having lands, allowed further time vacated their a to seat them. ACT VII. soldiers to continue in service till the last day BE it inacted, that the officers and soldiers belong- Officers and ing to the severall ffortes do continue theire service in their places respectively vntil the last day of 9br. next, And that the payment be made them by theire severall sherr's. according to the act of this present Assembly in that case provided. ACT VIII. of Dec. New commissioners to be appointed taxable pro To be pre sented to the assembly. next grand WHEREAS it is conceived that there is greate defect in the tithable persons, lands, horses, mares, &c. to the prejudice of many who have duely and accord- to take lists of ing to law presented their lists, Be it therefore inacted, as well for the rectifying of the said abuse now done perty. or comitted as for the preventing of the like hereafter, That the comissioners of the severall county courts respectively doe, at their next county court after the publication hereof, appoiute some able and discreet person for the takeing of a new list of all the tithable persons, lands, horses, mares, &c. and returne the same to the said com'rs. who are required by the clerks of theire severall courts to present the same to the next Grand Assembly, And it is further inacted that such persons who have concealed the number of their persons tithable, lands, horses, mares, &c. shall for tithable person, lands, &c. pay double the rate that this present Grand Assembly hath assessed, and where every For concealing taxable property double taxes. Where lists not demanded standing to be paid. taxes notwith it shall appear that the list of private persons have not been demanded of them by the officers appointed for that purpose, that such persons notwithstanding shall pay the aforesaid assessment with forbearance eight per cent. to be disposed of by the next Grand AssemFor giving in bly: And it is further inacted, That for the future what persons soever shall give any false lists to the officer appointed to take the same shall forfeit trebble the quantity due for his publique levys. false lists treble taxes. Public and county levies to be first received by sheriffs. Penalty for acting otherwise. ACT IX. BE it further enacted, That no sherr: or sherriffs whatsoever doe receive either his owne or other officers' fees due, or sallary, nor any debt belonging to private persons before payment be made by the party of the publique and county leavy, vpon the penalty of 1000 lb. of tobacco for every sherriff or sherriffs that shall do or receive any tob'o. contrary to the tenor hereof. No commissioner, she riff or subordinate officer to plead as attorney in the court to which they belong. Exception. Coopers en- sks except vith coopers or their em ployers. Debts con tracted con trary hereto not recoverable. ACT X. FFOR the better prevention of all corruption, partiality and injustice, Be it inacted, That noe comissioner, sherriff, or any other subordinate officer shall plead, or be received to plead, as an attorney in any cause, in any court to which the said comissioner, sher riff, clerke or other subordinate officer do belong (vizt.) In any such case where the party for whom he or they shall appeare as attorney be resideing in the collony. ACT XI. FFOR the preventing of the greate exaction of caske, And for the encouraging of coopers to follow their trades, that noe person or persons whatsoever after June next, shall directly or indirectly trade or deale either by bill or accompt for caske, with theire tobacco, or caske by itselfe (unles it be with a cooper or imployer of a cooper,) It is further inacted, That what person or persons soever shall, after the time lymitted, make any agreement contrary to the tenor of this act by bill or accompt, such bill or accompts shall not be pleadable in any court of justice within this collony. ACT XII. the act of WHEREAS dayly experience doth informe that Weights and the merchants and others, as well Dutch as Eng- measures to lish, trade within the collony doe practice much deceit conform to by diversity of weights and measures, which are com- parliament. monly used by them, Be it therefore inacted, That noe merchant or trader whatsoever either English or Dutch shall sell, buy, or otherwise make vse of in tradeing, any other weights and measures then are vsed and made according to the statute of parliament in such cases provided. ACT XIII. menced within WHEREAS sundry suits, controversies & debates, Suits for land in law, have been and dayly do arise about claymes to be comand titles to land to the great impoverishing of divers five years or of his majesties subjects; ffor remedye and redresse the claimant of the like inconveniencies hereafter, and for the better forever barred. establishing the rights and possessions of the inhabitants, Be it inacted that all persons whatsoever that have or doe pretend any title to any land, shall within 5 yeares after the date of this act prosecute their claimes or titles by commencing suite or entring action for the same, otherwise it shall be a good plea in barr for the possessor of such land claimed or pretended, to affirme, That he hath had peaceable possession without clayme by comencement of suit to the time lymitted by this said act which shall be accompted a sufficient confirmation to these possessors and shall conclude the claime and title of the pretender; and this act is to extend according to the limitation expressed to all that shall take vp lands de futuro, Provided allwaies notwithstanding Orphans alany thing in this act to the contrary, that the lymitati- lowed 5 years on of ffive years in this act expressed shall not conclude after full age. orphans in theire titles, but that it shall be lawfull for them within five years after they come to age to comence suit for any land claymed by them: In which case it shall be no barr for the possessor to plead 5 years possession without clayme, vnless the suit be commenced above five years after the orphans shall be of age. or publication of banns. ACT XIV. Penalty ou WHEREAS it is inacted anno 1642, in the ninth ministers for article of the first act of the sayd Assembly, that marrying without license noe marriage should be solemnized voles by a ly cense vnder the signett from the Gov'r. or the baynes lawfully published in the parish or parishes where both parties do inhabitt: Be it now further inacted that what minister soever shall marry any persons contrary to the said act shall fforfeit the sume of 1000 lb. tob'o. to be disposed by the comissioners for the vse of the county. What deemed a sufficient fence. Trespasses, how remedied. ACT XV. WHEREAS it was inacted by the 8th+ act in 1642, That all persons should make a sufficient ffence about their cleared grounds, And that they who should be difficient herein that in case of a trespasse or damage done by them by hoggs, goats or any other cattle whatsoever should be to their owne losse and detriment, with further proviso against all such who should either hurt or kill any hoggs or goats or any other cattle that should doe them damage as by the said act more at large appeareth. Be it now further inacted, That that ffence shall bee adjudged sufficient which is foure feet and a halfe in height substantiall close downe to the bottome: And in case that any trespasse or da mage be done or comitted by any person haveing such ffence, by either horses, mares, hoggs, goats or any other cattle whatsoever, the owners of such horses, mares, &c. shall be lyable to make satisfaction for the trespasse and damage to the person injured, In case the ffence be found by two honest men appointed by the next comissioner to be sufficient. Former act repealed. ACT XVI. WHEREAS by the 6th act of Assembly in anno, 1643, It was inacted, That such persons that did adventure to recover cattle, which should be conceyv *Ante pa. 241. t Act V. of this collection. ed by the Leift's. to be lost to the owners, should freely enjoy the said cattle according to the proviso, as by the said act more att large doth appear, Be it now inacted, That the sayd act and every clause and thing therein be repealed and made void. ACT XVII. BEE it enacted that the 10th act, 1643, prohibiting Former act any termes of peace to be entertained with the Indians, repealed. And the 11th act of the said yeare 1643, concerning the cutting downe of corne of the Indians be repealed and made void. ACT XVIII. BE it also inacted that the 13th act a'o. 1643, con- Former act cerning marching against the said Indians by the in- repealed. habitants of Nansimund county, as also the 14th, 15th and 16th acts of the said Assembly repealed and made void. ACT XIX. list or acany sheriffs for failing to perform any ed by the BE it alsoe inacted, That such sherr: or sherr's. Penalty on who shall make default of bringing in co't. returning any warrant or for doing or performing any other thing or things which shall be enjoyned or commanded by an Assembly: That such sherr. or sherrs's. for every default as aforesaid for the time to come shall forfeit one thousand pounds of tob'o. The said lists, acco'ts. and returns to be made and brought into the secretary's office. ACT XX. WHEREAS divers inconveniencies are likely to ensue by disorderly and illegal election of Burgesses, by subscribing of hands contrary to the warrant directed for the sayd election, by which means it alsoe happeneth that few or none doe appeare personally according to sumons, Be it therefore inacted, That noe Lists, accounts, &c to secretary's office. Burgesses to be elected by voices prea plurality of sent; and not by subscribing a paper. |