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ACT V. Former act WHEREAS it was enacted att a Grand Assembly directing 2 acres of corn bearing date the second of March, a'o. d'i. 1642, that per pol to be
there should be two acres of corne planled for every planted more working hand in the ground throughout the collony strictly enforced.
either in Indian or English grayne, And for the better execution of the said act, It was then ordered, that all constables within theire severall lymits and precincts should take a view of every man's corne vpon the ground, And where the proportion of two acres should be wanting the constables of the said lymites were to present their defaults to the com'rs. of the county courts who by the said act were required to make inquiry thereof; And were ffurther authorized to impose a mulct or fyne of five hundred pounds of tob'o. per acre defective, vpon such person or persons whom they should find delinquents in the premisses ; One halle whereof should be and come to the constable or apie other informer and the other halfe to publique vses for the good of the county where the offence should be
comitted, which said act and every clause therein con. Constables
teined is confirmed by this Grand Assembly, And it is defaults, and further enacted, for the more due execution hereof, by names of de which defect the collonie hath much suffered, That the linquents in
said constables shall not onely present the defect of tending their
acres planted as aforesayd, but shall also present the
names of such who shall not sufficiently weed and Penalty on lend the due proportion enjoyned; And for the neglect constable for neglect.
of any constables in not presenting both the planting and sufficient tending thereof, that the comissioners of the county courts doe impose a fine of five hundred pounds of tob’o. vpon each constable soe defaulting, to be disposed of as aforesaid, And in case the comissioners do not take a strict care in takeing accompt of the constables in the execution of this act, that then the said comissioners shall be fined at the discretion of the Gov'r. and Council, or in case any information be brought to the Governour of such neglect in the com'rs. out of court time and proved before him, that then the said comissioners are to be fined att the pleasure of the Governour.
On commis. sios rs.
of tob'o. or
ACT VI. BE it enacted by the Governour, Council and Bur. See post pa. gesses, that all lawes and acts formerly made and es- 398, 477. tablished concerning appeales from county courts to
county to quarter courts and from quarter courts to Assemblyes quarter couris be repealed and made void, And that no appeales de and from futuro be admitted but in such cases and in such man- io assembly
quarter courts ner as herein is expressed (vizt.) That noe appeale in regulated. any cause of what value soever shall be admitted or
for a smaller allowed to any person either plaintif or defend't. from sum than the court where the said action is commenced but that 1600 lbs. of
tobacco or the judgment of the court shall be binding and con
£10 sterl. chudeing to all intents and purposes, provided that the Nor'ampton cause exceed not the value of sixteen hundred pounds county except. of tob'o. or tenne pound sterl.' North’ton countie ex- not to admit of cepied, which in respect of the remoteness from James any appeal Citty is not to admit of any appeale in any action vn- und
under 3000 lb der ihe valew of three thousand two bundr: d pounds of £20 sterl. tob'o. or twenty pound sterling : And it is further en- Judgment of acted, That in case of any appeale above the said va- quarter court lue as aforesaid to the quarter court, that order or judg- binding withment of the quarter court shall be absolutely binding out further and concludeing without further appeale therein to be security for had or claimed, The appellant to putt in security for 50 per cent. 50 per cent. for dam. according to the valew of the damages. debt, Provided notwithstanding any thing in this act to the contrary, That where the cause in tryall shall be Appeals to of that nature that noe knowne law or president have assembly may over-ruled the same, in such causes the comissioners settle new to bave power to referr the same to the hearinge of a points of law, Grand Assembly. In which causes they are to certifie the same vnder the teste of their clerke and to cause the parties in tryall to give caution for their appearance at the next ensueing Assembly: This Assembly Or where the doth further likewise declare; That all causes shall judgment of
the court, in have admittance to Assemblies wbere the justice on the opinion of any courte may seeme questionable, reserveinge to the assembly is themselves to be the onely judges in cases of so high questionable. a nature.
ACT VII. BE it alsoe enacted for the clearing of all doubts & Jurisdiction controversies, and for the better vnderstanding of of county de
Nor'ampton county excepted.
Aet authoris ing writs to issue under seal of secretary's office repealed ; & writs to issue from that of fice and be signed by the governor.
the 10th act of the 19th of November, a'o. 1645, concerning the tryall of all causes of what valew soever att county courts, That noe causes are to receive theire tryall att James Citty vnder the valew of 1600 lb. of tob’o. or tenne pound sterl : or if the parties be inhabitants of Northampton, vnder the value of three thousand two hundred pounds of tob'o : or twenty pound sterl. And it is likewise enacted, That the 16th act of the 19th of November, anno d'i. 1645 authorizeing all writts for coinmencement of suits att the quarter court to issue from the secretary's-office vnder the seale, shall be repealed, and that de futuro all writts and warrants for convencing suits in the quarter courts (which are not to be but in cases above the aforesaid value) are to issue out of the office, and to be signed vnder the hand of the Governour, in which causes noe appeale is to be admitted to the Assembly but with such pro: visoes as in the former act (vizt.) where there is noe knowne law or president over-rulinge the same, in which case the courte to referr to the Assembly with such cautions and lymitations as aforesaid.
ACT VIII. Poor persons,
WHEREAS divers informations are presented to imprisoned this Assembly of the hard vsage of divers poor perfor debt, may be discharged sons by a long and tedious imprisonment of their boby tendering dyes vpon actions of debt which they are vnable to one or creditors discharge in kind, though very willing and readie to to be apprais. give a valuable satisfaction to theire creditors, who noted by two men withstanding maliciously and perversly refuse such samutually cho
tisfaction to the vtter ruine of such poore indigent persen for their limpire. sons, theire wives and children: Bee it therefore enact
ed for the releife of such as are now vnder duresse or destraint or hereafter shall be imprisoned for debt, that where such persons do or shall tender a valuable satisfaction to theire creditors by the appraisement of swo honest persons one to be chosen by the creditor and the other by the debtor, such creditor shall be compelled to accept of the same, as satisfaction for theire debt, And where two apprisors chosen cannot agree, In such cases the two next adjoyning comissioners to determine the value of the goods ynder appraisement, satisfaction to be given to the creditor where the estate of the debtor reinaineth.
ACT IX. WHEREAS the great scarcity of corne is like to Exportation produce much want and misery to divers of the in- of grain pro. habitants, vnles timely prevention be made by pro- account of hibiting of exportation of corne, and against hoarding the great and ingrossinge thereof, to the intent to exact vpon scarcity. theire poore neighbours by extream and vnreasonable rates to the vtter vndoing of whole ffamilies: Bee it No persoa to therefore enacted by this Grand Assembly that no per- sell ladian
son for this ensueinge yeer shall exporte any man- higher rate = ner of English or Indian graine or corne out of the ly- than 100 lb. ?! mitts of the collony, in which act all strangèrs as well of tobacco 2
barrel. as inhabitants are included ; And for preventing of all hoarding and ingrossing of corne, It is alsoe enacted, That noe person or persons whatsvever shall sell, bargaine, barter or exchange any Indiau corne either directly or indirectly above the rate or valew of one hundred pounds of tobacco per barrell, vpon the penalty Penalty. of five hundred pounds of tob'o. for every barrell of corne that shall be exported as aforesaid, The moyetie of which fine and forfeiture shall be and come to the King's Majestie and the other halfe to the informer.
ACT X. VPON the petition of the inhabitants from the col- Southwark ledge to the Vpper Chipoaks, including the said parish esta
blished. Vpper Chipoakes, that there might be granted voto them the priviledge of a parish which they desire may bee called Southwark parish, It is accordingly assented unto and enacted, provided they pay and satisfie vnto the minister of James Citty all customary tithes and dues and all rates and taxes allready assessed and to be assessed for and toward the finishing and repaireing of the church att Ja: Citty.
ACT XI. WHEREAS by the 2d* act of a Grand Assem- Act IV of bly a'o. 1645, It was ordered and established amended.
* Act IV. of this eollection.
for reformeing the greate abuse of Millers in exacting excessive and illegall toll that noe person or persons vseing or occupyinge any mill should take or receive for the grindeing of any graine that should be brought vnto them above the sixth pari thereof for tolle, which act hath not taken such effect as was intended thereby in respect (as is conceived) neither penalty was impos
ed therein vpon the vffender nor the execution thereof Millers to was given in direction to any particular officer, It is provide sta
therefore thought fitt to inlarge the said act, and by tute weights and scales.
vertue hereof io require all millers or owners of mills Penalty for to provide by the first of fiebruary next statute weights not grinding, and scales, by which they are to receive in and deliver or exacting
out all grayne, And that they do sufficiently grinde the legal toll
sayd grayne soe brought vpon such penalty in cas they or not provid- do exact beyond the said proportion for grindeing, or &c. at the dis- in case of default of such weights and scales, or for not cretion of the sufficient grindeing, as shall be thought fitt according nearest councillor or com
to the discretion of the next adjoyning councellor or miss'r,
ACT XII. Act establish. WHEREAS the great charge of fferryes in many ing ferries at the expense of countyes is very burthensome, especially to some county repeal- poore people scarce att all makeing vse of the said ffer
ryes, It is thought fitt, that the act enjoyning the keepCo'ty courts may grant
ing of ferryes be repealed, And in case any places shall leave to esta be found necessary to have fferrys kept there, That the blish [erries at the instance of county courts shall have power to grant the keeping individuals, of the said fierrys for such tyme and terme of yeares, and fix the and for such rates and vpon such conditions and to Yates.
such persons as to them shall seem good and convenient, not charging the county by any leavy for the said fferrys.
ACT XIII. Additional IT is thought
fitt to condiscend, That Nicotowance places for In
or any other Indians coineing - vpon messages shall dians to repair have like leave, as is allreadie by act of Assembly ing og messa granted for other places, to come in and repair to the
houses of Capt. Edward Hill att Westover, and Capta William Tayler att Chiscake.