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ACT XIV. a
WHEREAS by act of Assembly it was appointed, That such people as were driven off from theire plantations att the massacre should seate the same besore December now next ensueing: And forasmuch as the proprietors of the said lands in regard of theire great losses susteyned by the late warr, and the want of servants together with the present scarcity of corne have petitioned for further time before theire said lands may be accompted deserted, It is therefore granted vnto them, that they shall have a further respit of three yeares granted vnto them before their said lands shall be accompted or adjudged soe deserted, and the said act not to be interpreted to extinguish any quitt rents growing due vpon the said lands.
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IT is thought fitt that there be added to the 40th" act made 1642, concerninge a valuable consideration for buildinge and clearing to be made to men seating downe vpon the land of other men, These words (vizt.) Provided they had no lawfull warninge to the contrary, and that in such case of lawfull warneing they shall not have any valuable consideration.
IT is thought fitt that vnto the act forbidding mercenary attorneys, It bee added that they shall not take any recompence either directly or indirectly. And that it be further enacted, That in case the courts shall perceive that in any case either plt. or defendant by his weakeness shall be like to loose his cause, that they themselves may either open the cause in such case of weakness or shall appoint some fitt man out of the people to plead the cause, and allow him satisfaction requisite, and not to allow any other attorneys in private causes betwixt man and man in the country.
Further time of 3 years granted for seating land on account of the late massacre and present scarcity of corn,
* Act XXXIII of this collection
attendance of many comissioners of the county courts whereby much prejudice and charge have happened to those persons that have had cause to repair thither, Be it therefore enacted, That all comiss’rs. respectively shall duely attend all the said county courts which they are comanded to hold by act of Assembly, And shall not depart or absent themselves from thence without the lycense and consent of the rest of the comissioners there present, and if it shall happen any of them shall have a lawfull cause of absence, It is thought fitt that in such case they do vpon the first day of the court by writeing signifie the said cause to the courte, and do prove the same at the next ensueing court, or else being delinquent in the premises every comissioner soe offendinge to forfeit 300 lb. of tobo, to be imposed by the said court for every such absence or neglect, and the same to be disposed of by the discretion of the comissioners for the countyes vse.
WHEREAS an act formerly made; and afterward repealed') forbiddinge wine and strong water debts to be pleadable is againe conceived very vsefull and profitable to the wellfare of this collonie, It is now thought
fitt to revive the said act and that it be perpetually es
tablished, that from and after the publication hereof noe wine or strong water debts shall in any sort att any time or times hereafter be allowed or pleadable in any court of justice in this collonie, Provided this act extend not to wine or strong waters to be sold by whole sale aboard any shipp before the landing thereof, and within three months now next ensueinge.
WHEREAS the stealing and killing of hoggs is a generall crime vsually comitted and seldom or never detected or prosecuted in this collony,
i Act VIII Oct 1644.
Be it therefore enacted for the better prevention tobacco, one
thereof, that whosoever shall steale or vnlawfully kill hollo ho h hich i hi d that said fact b owner, the
any nogg which is not his owne, and that said fact be other, the proved by sufficient evidence, he or the soe offending informer. shall pay to the owner of the said hogg the sume of .." one thousand pounds of tob’o and one thousand pounds jo, jose of tob’o. more to the informer, And in case of inabili- sums to serve ty to pay and satisfie the said sumes the person soe of ... - - » fendinge shall serve two years (vizt.) one yeare to the other to in right owner of the said hogg, and the other year to the . informer ; and no person being required therevnto, ... vpon paine of vehement suspition, may at anie time re- clare the suse to declare and manifest the markes of any hogg ony or hoggs lately killed by him or otherwise denie to be . im. aydeing and assistinge in the inquiry after any hoggs soe stollen or vnlawfully killed as aforesaid, And be it #: act also enacted that the clause of the 7th act, 1642, make- ..., ing hogg-stealing felonie bee from henceforth re- repeal."
WHEREAS there is and hath been great neglect in Quit rent, the payment of the quitt rents vpon the motion of may be dis the treasurer, for remedy shereof. Bee it enacted and . - - replevied declared as followeth, That the delinquents in the pay- . ment of any quitt rents shall bee destrayned vpon the curity; & the lands, by the treasurers receivers bydirection and war- . heard - - - - efore the rant from him vnder his hand, And that if any will coo, courts, repleavy their goods, then giveing good caution, their or o," allegations shall be heard, either att the countie courts “"“” or before the Governour and Council, And the King's King's debts suits and debts to be preferred before any other, And to be preferred that all courts and officers ought to be assistant therein to all others
and proceed according to the laws of England.
ACT XXI. WHEREAS by act bearing date the §§§ #It was enacted, That there should be no dealing . & merchants
* Act IV. of this collection. * * This refers to Act XI, of Oct, 1646
buying tob'o. to pay the planters for their casks.
|-P The MS. from which the acts of this session were printed, is now in the library of Congress at Washington.
for caske with tob’o. This Grand Assembly think fit and accordingly do declare, that the said act be absolutely repealed, and in stead thereof, Bee it enacted, That the merchant or any other dealing for tobacco and caske do in particular allow the planter satisfaction for
• * [From a JMS. 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, by Thomas Jefferson, Esq. from whom it was borrowed by Edmund #. Esq.]
IT is enacted by the Governour, Council and Burgesses of this Grand Assembly, That the 9th act of Assembly a'o. 1647+ for the reduceing of the inhabitants of Chickcoun and other parts of the Neck of land between Rappahanock River and Potomack River be repealed, and that the said tract of land be hereafter called and knowne by the name of the county of Northumberland, And that from henceforth they have
Tract of land
* See act II. of Nov. 1647, by which the assembly was adjourned to the 1st of October, 1648.
# This is an erroneous reference, as indeed most of the references in the MS. acts are ; no such law as this appearing among the acts of 1647. See act XXIX. of October 1646.
f The name of Northumberland first occurred in the IXth act of February, 1644-5. In November, 1645, it was represented by one. member in the General Assembly, as also in November 1647, Set ante pa. 294, 299,337,338,340.
power of electing Burgesses for the said county to serve att Assemblies vpon lawful sumons from the Governour, which they are authorized to doe by vertue of this act to the next sessions of this Assembly, And it is further thought fitt that patents be granted vnto them for theire lands with such reservations and provisoes & vpon such certificates of right as is vsuall granted to the planters by vertue of his Majesties instructions or otherwise, And it is further enacted, That the said inhabitants de futuro be rated proportionably in all leavyes to the rest of the inhabitants of the collony, And that they make payment of all assessments made by this Assembly and all arrears due from them, for which their so doeing Capt. Francis Poythers hath vndertaken to the Assembly who is therefore authorized to collect the same, with power to distreyn in case of refusall either of the said arrears or of the leavye ordered att this sessions of Assembly.
VPON the humble representation of the Burgesses to the Governour and Council of the great and clamorous necessities of divers of the inhabitants occasioned and brought vpon them through the mean produce of their labours vpon barren and over-wrought grounds and the apparent decay of their cattle and hoggs for want of sufficient range, which after serious consideration they had found and vnanimously agreed to be the state of a very considerable number of the inhabitants, and that therefore leave might be forthwith granted vnto them to remove and seate vpon the north side of Charles River and Rappahanock river; The Governour and Councill vpon debate of the matter did condescend to the substance of their desires but for reasons of state to them appearing importing the safety of the people in their seating, did think fitt to restraine them to a further limitation of time (vizt.) to the first of September next: And for their better assurance to the intent also that provision might be made by such as intend to remove of arms and amunition & other accomodations for building and clearing, It was thought fitt that an act should pass at this Assembly and accordingly it is *:::::by the Governour, Coun
Inhabitants may elect burgesses.
Patents to issue.
Inhabitants to be rated proportionably with the rest of the colony in the payment of taxes, &c.