ATT A GRAND ASSEMBLY HOLDEN ATT JAMES CITTY THE THIRD OF NOVEM- [From a MS. received from Edmund Randolph, Esq. which was once the property of Sir John Randolph, who transmitted it to his son Peyton Randolph, Esq. after whose death it was purchased, with his library, Thomas Jefferson, Esq. from whom it was borrowed by Edmund Randolph, Esq.] PRESENT Sir WILLIAM BERKELEY, Kn't. The MS. the acts of this session were printed, from which is now in the library of Congress, at Washington. Governour, &c. What deemed sufficient prisons. Persons breaking such prisons to be deemed felons; and commissioners, counties and she. riffs exonerat ed. Vpper Norff,* Warw. County Isle of Wight { Lower Norff, North'on County { Mr. Moore ffantlarby, Capt. Thos. flint, Capt. John Vpton, Leift. John Sidney, Mr. E'd. Scarbrough, Northumberland-Mr. Wm. Presley. ACT 1. WHEREAS divers escapes have been made by prisoners, and more likely to be, for want of sufficient prisons in the severall countyes, to which the poverty of the countrey and want of necessaries here will not admitt a possibilitie to erect other then such houses as wee frequently inhabitt, by which meanes much damage hath arisen to the severall sherriffs, comissioners and counties specially for want of interpretation what shall be accompted a sufficient prison and what provision shall be made against prisoners thence escaping; Be it therefore enacted, That such houses provided for that purpose shall be accompted sufficient prisons as are built according to the forme of Virginia houses, from which noe escape can be made without breaking or forcing some part of the prison house, and that all persons so offending whether debtors or others shall be pursued and adjudged and suffer as in case of fellony, aud the comissioners and countyes to be freed from any charge or tax to be imposed vpon * This should be Nansimum, to which Upper Norfolk was changed by the last act passed in March 1645-6. At the session of October, 1646, Nansimund, and not Upper Norfolk, was represented; as appears to be the case in the sessions succeeding this. Prison assigned. them by any such escape or by neglect of the sherriffs, and that the comissioners may have power to appoint bounds, how such reasonable bounds and limitts for the conveniencie and accomodation of prisoners in the day time, as by them shall be thought reasonable, and all prisoners soe transgressing and exceeding the said bounds to be kept close and secured in the said prison att the perill of the severall sherriffs. ACT II. Prisoner breaking kept in close them to be custody. of the assem WHEREAS certaine occasions of greate and weightie consequence hath been considered by this Adjournment present Grand Assembly which cannot att present bly to Oct. bee fully determined, as alsoe the inconveniencie of 1648. manie masters of ffamilies in staying from home at such considerable time of the yeare. Be it enacted by this present Grand Assembly that the Assembly be adjourned vntil the first day of October next, and that all members of both houses do then give their attendance att James Citty without any pretence whatsoever to the contrary, And be it further enjoyned, That the sherriffs of the severall countyes do present vnto the Assembly vpon the sixth day of October, a just & exact list of all taxable goods, land and tithable persons, which lists are to be carefully taken by the comissioners in their severall lymitts or such persons of trust as they shall think fitt to employ, and the last yeares sherriffs to bring in their accompts of their proceedings upon the last yeares levy to the said Assembly "ppon the said sixth day of October. ACT III ATT A GRAND ASSEMBLY HELD THE THIRD OF NOVEMBER, 1647. Present vt antea. VPON divers informations presented to this Assembly against severall ministers for theire neglects and refractory refuseing after warning given them to read common prayer or divine service vpon the Sab Ministers refusing to read com mon prayer not entitled to both dayes contrary to the cannons of the church and acts of parliament therein established, for future remedie hereof: Be it enacted by the Gov'r. Council and Burgesses of this Grand Assembly, That all ministers in their severall cures throughout the collony doe duely vpon every Sabboth day read such prayers as are appointed and prescribed vnto them by the said booke of comon prayer, And be it further enacted as a penaltie to such as have neglected or shall neglect their duty herein, That on parishoner shall be compel led either by distresse or otherwise to pay any manner of tythes or dutyes to any unconformist as aforesaid. ACT IV. WHEREAS by often experience late Assemblies have found great defaults and defects in receiving and collecting the publique leavies, whither occasioned by the vast extent of divers counties or the multitude of other employments of the sherriffs, whe have hitherto been intrusted therein, or some other cause in neglect or otherwise, all and in each part equallie prejudicial! to the publique, as producing the same or the like effect in bad payments, to the great dishonor and impairing of the publique credit. Vpon mature deliberation to remedie and redresse the like mischeife hereafter, It is enacted, That the burden of collection be taken of the sherriff's as too disproportionable for soe few to vndergo, and that collectors be appointed for receiveing and gathering in of all levyes by this present Grand Assembly assessed in such bounds and ly mitts and by such persons as are specified in this act, (vizt :) ffor James City County. Capt. Robert Shepheard from Lawnes Creeke to Sun- Mr. Geo. Jorden from Hogg Island to the Vpper Capt Bridges fireeman for Chickahominy and Sandy Mr. Lancelett Elay for the mayne Pohatan and James Mr. Richard fford for Necke of Land to Wareham's Mr. Peter Ridley for Martin's Hundred and this side of Keth's Creeke. Which said collectors, in their severall lymitts are au- Their power thorized to aske and receive the severall sumes of to- and duty. b'o. by this present Grand Assembly assessed, and in case of non-payment are authorized with the same and Right to disthe like power of distresse that ever any sheriff had train. or might have had by any act formerly made, And in or. Collector And if he refuse, such tender deemed case of distresse made by any of the said collectors Goods to be they are authorized by the oathes of two men to ap- appraised. praise the goods soe distreyned and to deliver the surplusage, if any be, to the owner of the goods, and to be accountable for the other, And it is further enacted that where any person is defective in the payment of any sume assessed in tob'o. for want whereof may tender goods disthe collector makeing distresse as aforesaid, in such trained to case the collector shall give notice to one of the credi- public credittors of the republique and tender him the distresse, and in case of his refusall, by the oathe of the collector, the republique to be cleered of the debt, And in case after notice given to such creditor, he shall refuse or neglect either by himselfe or his assigne to come at the time or to the place appointed by the collector, that in such cases the said collector making tender before sufficient wittnes of the goods distreyned for the vse of the said creditor, it shall be accompted a good and just payment to the creditor from the country: And further be it enacted, That the said collectors in their severall limitts be authorized to inquire to enquire into concealed estates in land, &c. not brought into list, and to leavy payment of the same according to the rate of assessment by this Assembly sett downe and ordered, And it is further enacted, That the collectors of the sev'rall countyes shall give vp theire accompts their books to the com❜rs. of the county courts who are to certifie the same to the next Assembly; And this act is to continue in force vntil the next Assembly and no longer. of act. a payment. Collectors into concealed estates. To deliver to county courts. Limitation |