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Former act directing 2

acres of corn

per pol to be

planted more

strictly enforced.

ACT V.

WHEREAS it was enacted att a Grand Assembly bearing date the second of March, a'o. d'i. 1642, that there should be two acres of corne planted for every working hand in the ground throughout the collony 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 lymitts 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 halfe whereof should be and come to the constable or anie 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 teined is confirmed by this Grand Assembly, And it is defaults, and further enacted, for the more due execution hereof, by which defect the collonie hath much suffered, That the said constables shall not onely present the defect of acres planted as aforesayd, but shall also present the names of such who shall not sufficiently weed and tend the due proportion enjoyned; And for the 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.

Constables

to present

names of delinquents in tending their

corn.

Penalty on constable for neglect.

On commissioners.

ACT VI.

county to

See post pa. 398, 477. Appeals from quarter courts and from to assembly regulated.

quarter courts

No appeals for a smaller

sum than

1600 lbs. of tobacco or

Nor'ampton county except not to admit of any appeal

ed, which is

under 3000 lb of tob'o. or

£20 sterl. Judgment of

BE it enacted by the Governour, Council and Burgesses, that all lawes and acts formerly made and established concerning appeales from county courts to quarter courts and from quarter courts to Assemblyes be repealed and made void, And that no appeales de futuro be admitted but in such cases and in such manner as herein is expressed (vizt.) That noe appeale in any cause of what value soever shall be admitted or allowed to any person either plaintif or defend't. from the court where the said action is commenced but that the judgment of the court shall be binding and concludeing to all intents and purposes, provided that the cause exceed not the value of sixteen hundred pounds of tob'o. or tenne pound sterl. North'ton countie excepted, which in respect of the remoteness from James Citty is not to admit of any appeale in any action vnder the valew of three thousand two hundred pounds of tob'o. or twenty pound sterling: And it is further enacted, That in case of any appeale above the said va- quarter court absolutely 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 of that nature that noe knowne law or president have over-ruled the same, in such causes the comissioners to have power to referr the same to the hearinge of a 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 have admittance to Assemblies where the justice O. 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.

appeal.

Appeals to assembly may settle new points of law,

be allowed to

the court, in

ACT VII.

BE it alsoe enacted for the clearing of all doubts & Jurisdiction controversies, and for the better vnderstanding of of county &

quar. courts

Nor'ampton

county excepted.

Aet authoris

ing writs to issue under seal of secretary's office repealed; & writs to issue from that office and be signed by the governor.

Poor persons, imprisoned

for debt, may

be discharged by tendering property to their creditors

mutually chosen for their umpire.

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 commencement 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 comencing 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 provisoes 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.

WHEREAS divers informations are presented to this Assembly of the hard vsage of divers poor persons by a long and tedious imprisonment of their bodyes vpon actions of debt which they are vnable to 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 satisfaction to the vtter raine of such poore indigent persons, theire wives and children: Bee it therefore enacted 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 two 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 vnder appraisement, satisfaction to be given to the creditor where the estate of the debtor remaineth.

ACT IX.

hibited on

account of the great scarcity.

No person to

sell Indian corn at a

WHEREAS the great scarcity of corne is like to Exportation produce much want and misery to divers of the in- of grain prohabitants, vnles timely prevention be made by prohibiting of exportation of corne, and against hoarding and ingrossinge thereof, to the intent to exact vpon theire poore neighbours by extream and vnreasonable rates to the vtter vndoing of whole ffamilies: Bee it therefore enacted by this Grand Assembly that no person 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 strangers as well of tobacc as inhabitants are included; And for preventing of all hoarding and ingrossing of corne, It is alsoe enacted, That noe person or persons whatsoever shall sell, bargaine, barter or exchange any Indiau corne either directly or indirectly above the rate or valew of one hun=dred 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.

barrel.

ACT X.

blished.

VPON the petition of the inhabitants from the col- Southwark ledge to the Vpper Chipoaks, including the said parish estaVpper Chipoakes, that there might be granted vnto 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 repaire ing 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

Nov. 1645 amended.

*Act IV. of this collection.

Millers to provide statute weights and scales. Penalty for not grinding,

or exacting more than

legal toll

or not provid-
ing weights,
&c. at the dis-
cretion of the

nearest coun-
cillor or com.
miss'r.

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 part thereof for tolle, which act hath not taken such effect as was intended thereby in respect (as is conceived) neither penalty was imposed therein vpon the offender nor the execution thereof was given in direction to any particular officer, It is therefore thought fitt to inlarge the said act, and by vertue hereof to require all millers or owners of mills to provide by the first of ffebruary next statute weights and scales, by which they are to receive in and deliver out all grayne, And that they do sufficiently grinde the sayd grayne soe brought vpon such penalty in case they do exact beyond the said proportion for grindeing, or in case of default of such weights and scales, or for not sufficient grindeing, as shall be thought fitt according to the discretion of the next adjoyning councellor or com'r.

Act establishing ferries at

the expense of county repeal

ed.

Co'ty courts may grant leave to esta

ACT XII.

WHEREAS the great charge of fferryes in many Countyes is very burthensome, especially to some poore people scarce att all makeing vse of the said fferryes, It is thought fitt, that the act enjoyning the keeping of fferryes be repealed, And in case any places shall be found necessary to have fferrys kept there, That the blish ferries at county courts shall have power to grant the keeping of the said ferrys for such tyme and terme of yeares, and for such rates and vpon such conditions and to such persons as to them shall seem good and convenient, not charging the county by any leavy for the said fferrys.

the instance of individuals, and fix the rates.

Additional

ACT XIII.

IT is thought fitt to condiscend, That Nicotowance places for Inor any other Indians comeing- vpon messages shall dians to repair have like leave, as is allreadie by act of Assembly to when comgranted for other places, to come in and repair to the houses of Capt. Edward Hill att Westover, and Capt. William Tayler att Chiscake.

ing on messa.

ges.

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