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ACT VI.

Concerning Attornies.

THIS Assembly findeing many inconveniencies in the act prohibiting mercenary attornies, doe therefore hereby enact, and be it by these presents enacted, that that act, and all other acts against mercenary attorneys to bee totally repealed,* And be it enacted that the Governour and Councill shall appoint and allow such as they shall find fitt and able to be attornies in the quarter courts, and the comissioners to do the like by nominateing attornies for the county courts, Provided that no attorney be admitted to practice or plead, before he have taken this oath following:

[The oath is wanting in both MSS.]

And if any controversies arise between attornie and his client about their ffee, it shall be determined in the court where the cause is pleaded, Provided all waies that those onely be called councellors at law, who have allreadie been qualified therevnto by the lawes of Eng. land, and those so qualified to enjoy all priviledges those lawes give them.

(Rand. MS. Jef. MS.)

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AT VII.

Concerning Planting of Corne.

BE it enacted that all person, or persons shall plant and tend for every tithable person in their family two acres of corne vnder the pennaltie of five hundred pounds of tobacco for every acre neglected as aforesaid to be paid by the offender and to be levied by the sherriff for the counties vse, and the constables in their severall lymitts to looke strictly after the breach of this act, vpon notice given them by the comissioners. (Rand. MS. Jef. MS.)

Two acres of corn to be

planted for every tithable

person in a family.

Penalty. Duty of constables.

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10 mulberry Arees to be planted for every 100 acres of land held in fee simple, and sufficiently fenced and tended.

Penalty for neglect.

Not to extend

to orphans till 2 years after

full age.

Nor to proprie tors not in

actual posses

sion.

ACT VIII

Concerning Planting of Mullberry Trees.

WHEREAS by experience silke will be the most profitable comoditie for the countrey (if well managed) and as the greatest conducement therevnto requir ed, is provision of Mallberry trees, Be it enacted and confirmed by this present Grand Assembly, that everie proprietor of land within the collony of Virginia shall for everie one hundred acres of land holden in ffee, plant vpon the said land teun mullberry trees, at twelve foote distance each from other, and secure them by weeding, and a sufficient ffence, from cattell, horses, &c. between this and the last of December, 1658, and for everie tree that shall be wanting, or vntended in manner aforesaid of the said proportion at the said Jast of December, 1658, he the said proprietor that shall be soe delinquent shall pay tenne pounds of tobacco, one halfe to the informer, the other halfe to the countie where the delinquent liveth, Provided that this act do not extend vnto orphaus, vntil the expiration of two yeares after their full age, and then if delinquent to be liable as aforesaid, And no person in planting more then his number, shall excuse any that hath planted less, Provided allwaies that this act extend not to such proprictors as are not in actuall possession. (Rand. MS. Jef. MS.)

Person taking

up estrays of horses or cattle, or lost

ACT IX.

Concerning Stray Horses and Cattell.

FOR remedie of the great abuse and wrong done in takeing vp stray horses, cattell and lost boats not onely in concealing of them, but in vseinge and emboats to pre-ploying of them; to the hart and damage of the owners,

sent a particu

lar descrip-
tion within
one month
to the clerk
of the court.

Be it enacted by this present Grand Assembly, that eve rie person or persons that shall take vpp or keepe any stray horses, cattell or boates, shall within one moneth after the takeing vp, such stray horses, cattell or boates present a perticular declaration in writeinge vnder their hands to the clerke of that county where the said boate, horses and cattell is taken vp, of the marks, stature,

recorded.

Penalty for not
such descrip-
presenting
tion, & on
clerks for not
recording.

colour of the horse and cattell, and proportion of the Returns to be boat, with what is found in her, and that the clarke is to record the same, and to make returne of all such records to the next quarter court, which said returnes are to be recorded in the secretaries office; and for every person not presenting as aforesaid shall pay two thousand pounds of tobacco, one halfe to the informer the other to the publick vse of the county, and pay all reasonable costs and damages to the party greived, all clarkes makeing default herein shall be greivously This act not to amerced by the Governour and Councill. Neverthegal proseculess this act shall not be interpreted to hinder the legal prosecution of any person or persons that shall felloniously take or steale any horses, cattel! or boats in this collonie. (Rand. MS.

prevent the le

tion of those

who feloniously take or steal

any horses,

cattle or boats.

ACT X.

WHEREAS by a former act of Assembly priviledge was granted to any parish to send one or two Burgesses, and severall disputations ariseing therevpon, how the charges of the said parochiall Burgesses should be defrayed, It is ordered that everie county shall pay the Burgesses usually sent from the respective counties as formerly, and if any parish shall return a Burgesse for their perticular occasion, then the charge of the said Burgesse to be levied in and by the parish that elected him.

(Rand. MS. Bl. MS. Jef. MS.)

Committee appointed for Reveiw of the Acts.*

Capt. Francis Willis, Chairman.

Leift. Coll. Abraham Wood,
Coll. Geo: Reade,

Mr. John Wilcox.

* At this session a revisal of all the laws was directed. They were accordingly digested into one volume, and passed at an assembly held in March, 1657-8-The revisal is contained in 131 acts, many of which are well adapted to the existing state of the country.

Counties to

pay the experses of their

burgesses; but if a parish elect a burgess

for any particular purpose,

such parish to pay the expense.

Committees appointed.

For a revisa of the laws.

For private

causes.

Members of council appointed by the gov. and coun

cil, during the recess of the

Assembly.

Their ap

pointment confirmed.

Voyage of discovery of the navigable rivers between

Cape Hatteras and Cape Fear, authorised.

Sentence pro

nounced on

Coll. Edward

to the Richahecrians.

For Private Causes.

Major Holt, Chairman.

Mr. Peter Ashton,
Capt. Ro: Ellison,
Capt. Ralph Langley,

Mr. Anth. Wyatt.
Capt. Moore ffantleroy,
Capt. Wm. Harris,

Capt. Wm. Whittaker.

Whereas the Governour and Councill in respect of some emergent necessitie had made choice of Leift. Coll. Walker and Mr. Nathaniel Bacon to be added to the Council during the intervall of the Assembly, this Assembly takeing the reasons into consideration confirme their election and accordingly have consented.

(Rand. MS. Bl. MS.)

VPON the petition of Coll. Thomas Dew to be inpowered to make a discoverie of the navigable rivers to the southward between Cape Hatterras and Cape Feare with such gentlemen and planters as would voluntarily and att their owne charge accompanie him, It is ordered that the said Coll. Thomas Dew be hereby authorized and impowered to make the said discoverie. Provided it be done at the proper charge of the vndertakers, and not at the cost of the publique, and in the absence or in case of the mortality of Coll. Thomas Dew, Capt. Thomas Francis is hereby invested with the like power.

(Rand. MS. Bl. MS.)

DEBATE and consideration of the charge and defence of Coll. Edward Hill by the general and unaniHill in relation mous assent and vote of both houses without any contradiction hath been found guilty of those crimes and weaknesses there alleaged against him and for the vindicating themselves from any imputation of his crimes and deficiencies have ordered that his present suspension from all offices military and civil that he hath had or may have continue & be made uncapable of restitution but by an Assembly, and that he be at the charge of whats alreadie expended in procuring a peace with the Richahecrians and if the Governour or Councel

shall find any nearer way to effecting thereof that it
shall be acted at the said Coll. Hills proper cost and
charge.
(Bl. MS.)

Part of the county of Up

per Norfolk added to Isle of Wight.

WHEREAS a petition was presented to the hon'ble Assembly by the Burgesses of the Isle of Wight countie in behalfe of the inhabitants of Terrascoe neck and the Ragged Islands subscribed by divers of the said inhabitants expressing their desires to be taken out of the county of Vpper Norfolke and adjoyned to the countie of the Isle of Wight for their greater conveniency, It is ordered that the Governour be desired to nominate a councellor who is to appoint a precize time and place for the comiss'rs. of each countye to meet him, and in case the said com'rs. cannot agree about How to be fixing the bounds of each county, Then the said coun- laid off cellor as an vmpire to putt a period to their differences and the bounds by him or them then sett for the several counties to remaine for the future vnalterable, It being the opinion of the house that naturall bounds will be fittest for that purpose.

(Rand. MS. Bl. MS. Jef. MS.)

IT is ordered by this Grand Assembly that there be levied by the pub: annually the sume of twenty thousand pounds of tobacco, which is to be allowed for the accomodation of the Governour and Councill att James Cittie during quarter courts and Assemblyes.

(Rand. MS. Bl. MS. Jef. MS.)

Pay of gov. & council during

qr. courts.

governor.

Perquisites.

IT is ordered by the Assembly that twentie-five thou- Salary of the sand pounds of tobacco per annum be conferred on the Governour which from time to time shall succeed in the government of this countrey towards his maintenance in the said place, which is to be yearly levied out of the publique, And also that the dutys which Castle duties shipps were formerly vsed to pay to the Capt. of the paid at the Castell be from henceforth paid to the Governour of this country, to be by them converted to their maintenance in the government as aforesaid, And that lycen- licenses. ses for marriages and all other priviledges and comodities enjoyed by the precedent Governours, be confirm

fort.

Marriage

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