An Abridgement of the Laws of Virginia (Continued)

An Abridgement of the Laws of Virginia (Continued)Source: The Virginia Magazine of History and Biography, Vol. 9, No. 4 (Apr., 1902), pp. 369-384Published by: Virginia Historical SocietyStable URL: http://www.jstor.org/stable/4242458 .

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ABRIDGMENT OF VIRGINIA LAWS, I694. 36d

An Abridgement of the Laws of Virginia.

(CONTINUED.')

BILLS AND BONDS.

Pr. La: 71. Ent. Ju.dgmt5 & specialtys how long pleadable. En: That no bills or bonds be of force or recoverable five years

after ye date & no Judgmt: 7 years after ye grant except y' D'. depart ye Country & have no attor: or conceal or privily Re- move himself in such case. Such time of his absence or Con- cealm' shall not be accounted any part of ye 5 or 7 years -limitted.

Act. i8, i666, Ent: an act ascertaining damages upon protected bills of Excha?ge.

En. That ye dam.ages be i5 pr. ct.

BURGESSES.

Pr. La. 50 Ent. Publicacon of Writts of Eleccon of Burgg5. En. That y" sherr. send copies of ye Writs Wth ye day of Eleccon:

on ye back to yc Minister or reader of every Praish in ye County who is to read ye same to ye people successively two Sundaies in ye church or chappell & Return ye same to ve sherr. attested yt he so publish'd it, ye sherr. neglecting to send Copies Fined 2,o00ob Tob" to ye use of ye County and every freeholder not Coming to vote fined 200th Toba to ye use aforesd, and ye sherr: failing to make return unto ye Sacretaries office of ye writt & names of ye Burgesses endorsed before ye day of ye return he shalbe fined 2,ooot Tob" to ye Pub:

Pr. La: Ent. Burgesses. En. That ye Sacretary take care to Convey ye writs for Burg.:

to Every Sherr: for weh to be allowed 35o1b toba. & cask for each writt, & in case of neglect to be fined at ye disercation of ye Assembly provided ye writs be signed 40 days before ye day of ye Return.

Pr. La: 84 Ent. Burgesses Ascertained. Noe County to send above two Burgesses to be Ellected where

ye County Courts are kept. Ja: City priviledged to Elect a Burgesse, & Every County yt will lay out a IOO acres of land & people it w"' ioo Tithable persons.

3



370 VIRGINIA HISTORICAL MAGAZINE.

Pr. La: 86. Ent: Burg. to appear upon ye day. En yt wh" Burgesses So ever shall fail to appear upon ye day

sett for ye Assembly to nmeet shall be fined for every daies absence 300ob toba to be disposed bv ye Assembly unless ye house judges he had reasonable cause to hinder his coming.

Pr. La. 87: Ent. Burgesses not to be arrested. En: yt no Burges nor any attendt of his fronm ye time of Elec-

tion until tend daies after disolution shalbe arrested, but if ye assenibly be adjourned above a month ye Burgesses shalbe liable to arrest & other process ten daies after yt Session & if in ye Intervail of assemblies a BuLrgesse be prosecuted to execucon & yt be Served ye exen shalbe suspendd tend daies before ye next Session of Assembly & Continue so till ten daies after it.

Pr. La: 89, Ent: assemblies to Enquire after ye breach law. Ent. yt ye first day of every Assembly be employd in receiving

ye presentments of ye grand jury concerninig ye breach of ye penal laws & to inquire into ye Renmisness of Juries & Courts & concerning ye ex?" of ye law & disposal of fines.

Act ye i6, I664. An Act for ye Conveying of ye people upon ye Sumons of ye Burgesses to adjourni Assemiiblies.

En. That for Convention of Burgesses to adjourn Assem- blies, timiely notice be given to ye people by publicacon in ye parish church of ye day appointed by ye Sherr. for their meetinig to prsent their grievences.

Act 7 I669. An Act for each County to send two Burg. En. y' each County be enjoined to send two Burgesses. Act 3 I670. An Act for ye Election of Burgesses by wlhome. Ent that only freeholders & housekeepers have a vote & yt

ye Election be at ye Court-house. Act 9, I670: an act of penialty for not returning 2 Burg.

Every county not sending two Burgesses to be fined io,oootb of toba to ye publick.

Act I7, i676-7: an act regulating Burgs Expenses. A Burg" allowance I 201b toba pr day to begin 2 daies before & to continue 2 daies after an assembly & yt over & above yt for ve Counties of Northampton & Accomack they be allowed 6oth tob pr. day for a sloop & two men & for those yt Come by water & can no othr way for a boat & two men be allowed 36Th toba pr day &



ABRIDGMENT OF VIRGINIA LAWS, I694. 371

for those yt come by land iolb toba pr day be allowed for horse hire and their charge for Ferriage beside.

Act i I, i68o: an act for presentacon & delivery of Grievances. En: That ve Sherr: appointing a time & place for ye present-

ing of grievances, w"it shall be signed by ye parties giving ye same & attested by ye cl'k of ye County Court or Chief Magis- trate & all private propositions shall be signed by ye party delivering ye same or not rec'd into ye assembly.

CHURCH.

Pr. La. i, Ent: Church to be Built or Chappell of ease. This appoints a Church to be built in every parish & where ve Inhabitants are two few to do it. ye parish to be joyned to ye great of yt county.

Pr. La. 2, Ent: Vestries appointed. This appoints I 2 men of ye parish to be by ye Maj' part of ye

parish chosen a Vestry out of wch two churchwardens yearly and to be supplyed out of any defect by another to be chosen by ye minister & vestry and all vestrymen to take ye oaths of allegiance & Supremacy.

Pr. La. 3: Gleebs to be lay'd out. This appoints Glebes in every Parish & an house for ye

minst: 8o0 pr annum for his maintainance in toba at I2s & 6" pr ct. Corn at 10' pr barrill or in exchange wob Security & in case of protest 50 p. ct. Damages.

Pr. La. 4: Ministers to be Inducted. No ministers to be admitted w'out a Testimonial of his Ordi-

nacon from a Bishop in England ye Govern' to Induct upon presentation from ye parish, & minister not so quallified & to be silenced & if obstinate compelled to depart ye country.

Pr. La. 5: Ministers to provide readers. A Parish not haveing a minister to officiate every Sunday shall

provide a man of good life & Conversacon to read devine Service wu ye minister preacheth at another place.

Pr. La. 6: Liturgy to be Read. Cannons & Liturgy of y" Church of England to be Read. Pr. La. 7 Ent. Church Catachism. That no catechism be taught but that in ye Comon prayr book



37 2 VIRGINIA HISTORICAL MAGAZINE.

nor expounded & that no rcader presume on his own ability to expound any Catachiism w"hsoever.

Pr. La. 8 Ent: Ministers to preach weekly. That ye nminister preach once a week, one Sunday in ye month

at ye Chapell of ease & ye other at ye parish Church & twice a year administer ye Sacraa".

Pr. La. 9. Sundaies iiot to be prophaned. That Sunday be kept holy & Every Inhabitant not haveing

no lawfull excuse to be absent, shall every Sunday resort to ye

Parish Chuirch & there abide orderly dureing prayers & preach- ing, upon penalty of 5011 tob8 upon presentmi' of ye churchwardens to ye Cotunty Court, quakers & non conformists excepted here & liable to ye 23. Eliz. 2011 pr. imionth for absence, &c., quakers to be fined for unlawful assemblies 200)b toba per each timne, to be prsented to ye County Court by ye Church Wardens.

Pr. La. io Ent. Janiuary to be kept holy a Fast. The Title of this act expresses ye matter. Pr. La. I i Ent. May ye 29th to he kept holy. Ye Title of this Act expresses ye matter. Pr. La. i6 Ent. Registers to be kept by ye Minister or

Reader. The Minister or Reader of each parislh shall plainly Record

all Births, Burialls & Mariages in ye parish in a booke to be provided by ye vestry for ye fee of * toba & if any Master of a Family or other neglect to give notice of ye Birth, Death or Mariage of 'any Related to them ye space of a month, he shalbe fined ioo0t tob1, for ye ministers neglect he shalbe fined 5oot1 toba. to ye use of yc parish.

Act 3, i662 Ent. all act ag' persons yt Refuse to have their children Baptized.

That every person yt refiseth to have his children Baptized w ne hath opertunity by a lawfull Minister in ye country shalbe fin'd 2,u000o tob', Y2 to ye parish 12 to ye Informer.

Act I I663 Ent. an act prohibiting ye unlawful assembling of quakers.

By this act if quakers or other seperatists shall depart from their habitacons & assemble to ye numbr of 5 or more of ye age of i6 years or upwards at one time, in one place, under pretence



ABRIDGMENT OF VIRGINIA LAWS, I694. %73

of Religious Worship, every one convicted of ye Fact shall pay for ye ISt offence 200th; 2d, 5oolb to be levied by distress on a Justice Warr't, &c., & for ye 3d ye party shalbe banished, & wbhsoever Master of a ship shall bring in quakers to reside unless by virtue of an act of parlia"" in ye 14 year of K. Char. shalbe fin'd 5,ooolb toba to be levied as afores' & Injoyned to carry them out againe, & Inhabitants y' slhall Entertaine y- to teach or preach shalbe Fined 5,ooo0t) to be levied as afore'", &c., anid if any Magistrate or officer shall neglect their duty in ye prosecution of this act he shalbe finied 2,000th toba. to be levied as aforesd.

Justices Impowered to here & deternine those offences & ye Fines disposed, viz: ye Is' 200, Y2 to ye Informer Y2 to ye parish; ye IS' 5,ooo, % to ye Informer Y2 to ye parish where ye people arrive; ye 2ad 5 ooo, X to ye Intforer Y2 to ye pious uses, & ye 2,000, Y2 to ye Informer Y2 to ye Parish, and ye quaker upon Security to forbare to meet in such unlawfull assemblies for ye Future shalbe dischargd fiom ye penalties aforesd.

Act 14 I663. an act for keeping holy ye I3th Sepr. The Title saies ye matter. Act 6 I665 Ent. ani act Concerning bounding of Counties &

Parishes. En. yt ye law for bouniding lands be in force for bounding

Counties & parishes. Act 13 I68o. an act prohibiting unlawful disturbances in de-

vine service.

Who So ever shall disturb a Minister by words or other waies in ye Church or there shall appeare in an assembly posture shall by ye sherr. or other officer there be put under Restraint & Fin' d for ye first offence 20011 & afterwards 5ooth to be levied by ye

Sherr. upon ye Estate ye person offending by virtue of a warr't from a Justice & Such Justice as shall neglect to execute this law shalbe Fined 500th tobacco to ye use of yc Parish.

CHURCIHWARDENS.

Pr. La. 13 Ent. Churchwardens to make prsentmts. the churchwardens in December & apprill Court to nma. Rep'sentmt of all misdemeanrs as by their own Knowledge & comon Fame




are comitted & to cause their Evidences from whome they ground their presentmt' to appear at Court.

Pr. La. 15 Ent. Churchwardens to keep ye church in repair & provide ornam".

Churchwardens by this are to keep ye church in Repair, to provide 2 Comon prayer books, a Comun'on cloath & napkins, pulpit & cushion, pulpit cloath & Bell, if y" ability of yo parish will permit to collect ye ministers dues to conv' places and to acco' to ye Vestries w3 Required.

Act 7 I672 Ent. an act for Suppressing of vagabonds & disposeing of poor children to trades. Enacted yt ye churchwardens give an acct. of all children whose parents are not able to bring them up to ye County Court who are to place them out apprent- ices, to trades, males till 21 & females to Suitable Imploymt' for ymu till i8. Justices to put ye law of England agt Vagabonds & idle persons into Strict Execution.

COLLECTYERS.

Act 6: I676-7. An act for ascertaining ye price of Cocquits. By this the price of Cockets is Y2 penny per hhd. for all pecells in one bill of Loading not above 20 hhds. & 12d for all above in one bill.

Noe fee to be taken for Vessells built in virga & belonging wholly to ye Inhabitants, but 2-6 pr. entry, 2-6 for a license to trade, 2-6 pr. Cleering, 2-6 pr. bond.

Act 6 I679. An act ascertaining CollectT' fees for Entering & Clereing Ships, &c.

For entering & Cleering a ship or smaller vessell, 20 Tuns or under, i5i, above 20 Tuns, 30'.

Act 4 I692-'3. An act for ascertaining ye price of coasting Cockets & requiereing officers attendance.

En. yt for a Coasting Cockit prmit or 4ett pass y' Fee be I',

& no more except for Anumiierated Conmodities. According to law upon penalty of forfeiting to ye party greeved So much mony as he shall take contrary to this act, & over yt ?0o Y to ye king, YX to ye party grieved. Every Collector to be Con-



ABRIDGMENT OF VIRGINIA LAWS, i694. 375

stantly Resident by, at & abide at ye place he holds his office to be ready at all lawfull times to Enter & cleer Ships, &c.

CONVEYANCES.

Pr. La. 73 Ent. agt Fraudulent Conveyances. En. yt all Conveyances or other deeds be ackno in ye Geni

or County Court, & there recorded in a book wthin six months after ye making, or not be valid to barr ye Cr and Such Con- veyance so ackno and Recorded Shall not be held good ag' a cr. or former purchaser until 4 months after Such acknowldg'mt, & if none appear in ye timie to make out a fraud, yn ye sale to be good agt all pretenders, unless such as can overthrow ye seller's title in whome only five years' possession can barr, but this act doth not extend to such as for sattisfaccon, of their Debts make a bill of sale of their estates and deliver it bonafide to ye credi- tors.

Act 9 I662 Ent. An act enjoyning ye Recording all conveyances made in England in ye Sacretaries office.

En. That all conveyances of estates here made in England or authentick Copies be Sent over hiither ye next Shiping, & manifested in ye Gen" Coturt & Recorded in ye Sacretaries office or else to be held fraudulent & of no force to barr ye Claime of any Creditor in this Country.

COURTS.

Pr. La. i9 Ent. Courts. This act consists of divers rules of ye Gen" Court & now out

of use & altered. En that adjournmts of Gen" Courts be alwayes avoyded and yt for proceedings in yn" warr" be Issued by ye clk.

Pr. La. 20 Ent. accons to be proportioned. The clk: of ye Gen" Court to Issue warrts & to proportion 20

accons to a day and upon a Special warrt yt requires ye Govornrs signing ye person to go to ye clk: & Enter his accon & day of return before ye warr' be Signed, and it is declared yt warrts may be served at any time if there be ten days between ye Serveing & Returne.




Pr. La. 2I Ent. Courts to sett fronm 8 to I I in ye forenoone, & from I to 3 in ye afternoone.

En. That ye Gen" Courts set each day as in yc title, yt ye orders of ye day be by yC clk: drawn up agt ye next morninig & redd then in open Court for rule for amendm"' of Eror if any be before they be put on Record, & yt ye pit. or deft ynl haveing new matter shall have liberty to plead it in arrest of Judgm', ye orders then to be signed by ye Sacretarv & recorded.

Pr. La. 22 Ent. ye plt: to file his declaracon in ye office at least 3 daies before ye day of hearing.

En. yt ye plt. file his Declaracon in ye office at least three daies before ye day of hearing, & ye deft to provide his answer in writeing, & if ye plt. fail to appear or to File his declaracon in time he shall pay to ye deft if he lives within 5o nmiles of James Town i5olb Tobo for a nonsuite, & if further 350c4 besides his amercemii' For not makeing Return of ye Judgrt to be reversed ye next Court upon bringing y' party but not ye amercem'.

Pr. L. 23 Ent. AdjouriiniL to ye 2 last daies for determinacon of References by avisare VallIumus or accons. Enterd in Court time.

En. y' wn ye Court hath Set so ma"y daies as are filled w"' accons it shall be adjourned to ye 2 last daies of y' Court & wh" ye Court hath Referred by avisare Valumus & all accons enterd in Court time shalibe yf Tryed.

Pr. La. 24 Ent. Criminal causes to be tried at y" Gen" Court. By this all causes yt Concern either life or member slialbe

Tryed only at Gen" Courts, on ye 4th day & it is Eniacted yt imediately after ye Comitm' of a Criminal ye Sherr: shall give notice to ye Sacretaries office for a Venire Facias to Impanil 6 men of ye County where ye fact was Comitted to be of ye Jury for tryall of that cause returnable to ye 4th day of ye Gener" Court where they are to appear & for their charges ye court to allow 231b Tob: per day for each day Coming and returning, and 5otb tobo pr. day dureing their attendance, viz ye day they are by ye writ to appear unitill they are discharged & ye rest of ye jury to be of ye bystanders.

Pr. La. 26, Ent: Appeals; how to be made. En: That all Causes of wt vallue or Nature Soever not touch-

ing life or member may be tryed at County Cor"', and yt. no




accon lye before ye Gen" Court under i6oolb tob" or i6th sterl- ing vallue upon penaltv of 500ot tob. to be paid by ye pl't to ye Def't for Charges.

The rest of this act is comorehended under ye Title appeals. Pr. La. 27, Ent: Amercem'3 in ye Gen" Court, 5otb tobo pr

Cause in County Courts 5oth pr. cause. En: Yt all persons cast in any cause pit. or deft. be amerced

besides damages & cost to ye Recoverer 5011 tobo in Gen" Court to ve use of ye pub: and in ye county court 3011 tob. for ye maintainance of ye Com'", an acct. tlhereof to be kept by clks. of ye particular courts & delivered to ye Sherr. and by ym collected wth ye Levies, & in case of nonpaymt to distraine [executori and administrators Excepted] who cannot pay wthout ordr.

Pr. La. 28, Ent: Subpe" to be Issued by ye Clerk. En: Yt ye Clerk of ye Gen" Court shall issue Subp' for all

evidences required there, & if they do dwell beyond ye bay or ye north side of James river, if they do y" a dedimus protes- tatem Shall Issue, but in criminal causes all Evidences shall be declared viva voce.

Pr. La. 29, Ent: Dedimus Potestatem; how to issue. Ent: YL for causes tryed at ye Gen" Court ye Govy at a county

SW Court, one of ye Council or Judge of ye Court shall grant a writ of dedimus Potestatem, directed to 3 such persons as ye plt. & deft., if both desire it shall agree upon, but if only one desire it y" ye persons shalbe nonminated by ye grantee of ye writ, and such persons So made choyces of shall by ye s'd writ be Empow'd to appoint time and place for takeing evidences & to issue Subpa" accordingly & if ye witnesses refuse to come and give their evidences yU comr' have power to Fine ym as for non appearance of evidences at Gen" court or County courts, ye party procureing ye writ to give ye adverse party notice of ye time & place at least io daies before ye-day appointed by ye Comnr for execution of ye writ and ye Com"i who take ye exami- nacons sall subscribe yi, Seal yin & ye writ up & return ym so sealed to ye Clerk of ye Gen" Court as ye Case is to be read at ye tryall of ye Cause:

Pr. La. 30 Ent. penalties for non appearance of Evidences. En. Wittnesses Subpd to ye Gen" Court for default of ap-

pearance fined I,ooolh, to ye County Court 35oth & for allowance



378 VIR GINIA HISTORICAL MAGAZINE.

in coming & goeing to & from either of ye sd Courts to have 20th

tob. pr day & for ye time they attend 4oIb tob. pr day ye Charge of 3 wittnesses only allowed to onie accon unless for proof of Severall Matters Incident thereto won Severally may require ye attestacon of two witnesses.

Pr. La. 3I Ent. County Courts appointed. County Courts to consist of 8 Judicious persons in ye County

and to be Comiconated by ye Govern' four of we" one being of ye quorumn to make a Court they are Impower'd by this act in Court & out to do all things wch by Justices of England may be done, they are to take ye oathe of allegiance, &c., to hold courts, viz., of ye month.

Henrico i. Eliz. City x8. Lancaster. Ch. City 3. Warwick 21. Rappa. Ja. City 6. York 24. Surry. Islewight 9. Northamton 28. Northumberland. Nanzem' 12. New Kent 28. Westmoreland. L. Norfolk I 5. Gloster i6.

All adjournni' to be avoyded. Justices to attend duty & not depart wthout leave of the other Justices, & if any have lawfull cause to be absent he shall Signify it to ye Court by writeing & prove it ye next Court or else forfeit 3oolb tobo. to be disposed of by ye Court to ye Good of ye county.

Pr. La. 32 Ent. No arr. w"bout Entry of accon. y' all accons to ye County Courts & Supp?' for wittnesses be Entd wth ye clk. of ye County or his Known deputy before any arr. or Sumnons served under ye penalty of 5ootb tob? to ye sherr. that does it & plts. declaracon to be filed in ye clk's office a day before ye Court.

Pr. La. 33 Ent. The deft to put in his answer. En. That ye def' in County & Geni" Courts put in his answer

in writeing & Judgmt for ye plt. to be indorsed on ye declaracon & for ye deft on ye answere & y' all Evidences Concerning ye Cause be filed together.

Pr. La. 34 Ent. Form of entering ye Court. En. That y' form for entering ye Stile of ye Court, Proclama-

con for Silence, ye Cryer Calling y' plt. & deft. be observed in




ye County Court as in ye Gen" Court varying only in ye Title of ye Court & ye aggressors.

Pr. La. 35 Ent. Courts not to take cognizance of anything under 2ooth tobacco.

Enacted y' nothing under ye vallue 200th tobo or 20S. sterl. shall be tryed in ye County Court but yt a Justice hath power to determine such a cause, & it is further Enacted yt no words shall be actionable but suclh as by law will bring ye person to punishmt and no accon of defamacon admitted, but for such words & for offences of this nature a Justice is Impowerd to binde ye offenders to good behavior and for want of Security to committ him to prison.

Pr. La. 36. Private Courts prohibited. En. y' for dispatch of merch"' & Sea affairs it shal be Law-

full for a Justice of ye quorum by his own warrt directed to ye

sherr. to call a prticular Court & Sumon any person before themi.

Pr. La. 37 Ent. Tryalls by Juries. En. yt Every morning ye Courts sitts, Gen" or County, ye

Sherr. Shall Impanil a Jury to attend ye Court y' day to try Causes & ye Jury being sent out slial be Kept fromii meet & drink till they agree on a verdict.

Pr. La. 38 Ent. Grand Juries to present offenders. En. yt Juries of InquLest be Impaiieled & sworn in every

County to Inquire of Breach of Laws, and yt they make pre- sentn"' in aprill & decembrs Courts to ye Justices who are to Receive ym' & take for Evidence ye prSentlilt of ye Jury if made uponI certaine knowledge of ye party yt Informs ye Jury whose Evidence and depositions being given before a Justice in prsence of ye party presented or produced by ye Jury wt' ye presentm' shall be sufficient grounds for ye Court to pass Judgment against ye offenders.

Pr. La. 39 Ent. pillories to be Erected at each Court. En. y' ye Court cause to be sett up a pillory, a pr stocks &

whipping post neer ye Courthouse at ye County charg & a duck- ing stool in a Conv' place whini 6 Months after ye date of ye act, or failour of old ones under s,ooolb Tob' penalty to ye use of ye

publick. Pr. La. 88. No order to Contradict an act.



380 VIRGINIA HISTORICAI, MAGAZINE.

The title here as ye Substances. Pr. La. 6X Ent. Judgemt before Comiicon'". En. yt ye volluntary Confession of a debt by a Dr under his

hanid and seal before two Comiconr , one being of ye Quorunm shall be accounted in law a Judgm't, & ye Comniconri attesting ye

same & certifying it to ye clk of ye County to record ex"n shall Issue as upon a Jtudgment in open Court but exon Issue not in a year it shall be renewed by scire facias.

Act 7 I 662 Enit. Act compelling 'witniesses subpoena'd to Deliver their evidenices upon oath.

En. that Witnlesses subpoena'd refusinig to declare uipon oath be Imprisoned till they do.

Act 4 I664 Ent. An act for y" proportioning all accons for ye forenoon & afternoone.

En. yt all Writts for ye Gen" Coturt shalbe devided according to yr Respective daies into IO for yu forenoon & io for ye

afternoon, & ye plt failing to appear accoidingly slhall be non- suited, & y' def' failing Judgmii' shall go ag' himii, bail. or sherr. as ye case is.

Act I I665 Ent. an- act Imiipowering a Justice of peace to grant attachm"'.

Declared y' it is lawful for a Justice of peace to issue an attachm' ag' ye Estate of a person Suspected to remove as he slhall fudg will Sattisfie ye Claim demanded & does Appear due re- pleaviable by Security or at appearance ye next Court, provided ye Justice take Security of yc person desireiing ye attachm' to pay ye danmages, ye Court shall award ye defenld' in case ye plt. be cast.

Act I3 i666 Ent. ani act declaring Criminals to bare ye Clharg of prosecution.

Where a Criminial hath Estate to bare ye charg of his prose- cutioin it shall be paid out of it & pub. & county onely liable w0 no estate can be discovered.

Act 22 i666 Ent. an act for yc supply of each County wLh law books.

En. y' ye statutes at large & other Statutes of Eng. made Since Doltons Justice & Sherr. & Swinburns Wills & Testam", be provided by M" Auditor out of 29 pr. hhd. for ye Gen" Couirt



ABRIDGMENT OF VIRGINIA LAWS, i694. 381

& by some of ye Comrs for ye Respective County Courts and paid for out of ye County Levy.

Act i9 i666 Enit. an act declarinig y' no Justice shall take fee. En. y' it shall not be Lawfull for any Justice to take any fee for anly cause determined by hiim.

Act 3 I669 Ent. an act for re-examinacon of orders in ye County Court.

En. y' ve Course proscribed for ye Gen" Court for examinacon of orders shalbe observed in ye County Court for omission to examzine & sign their orders. County Courts shalbe fined i,ooolb tobo, ye Sherr. to signify it to ye Assembly & they to dispose of it to ye publick.

Act 7 I670. An act concerning letigious Suits. En. y' where ye molestacon shalbe found to be unjust ye party

molestinig shall pay to ye party grieved for every day he may be reasonably be going to James City & returning 3o0b tobo. & every day of his attendance to answere 6oTh tobo besides nonsuit & costs.

Act 8 i67o. an act Conicerning Comicon"s warr'5. Declare. That Comes warr'" directed to a Constable wthin his

own precinct and from Constable to Conb'e shall oblige Every Constable to observe & prform ye Contents.

Act 2 i674. An act ascertaining allowances for Evidences sumloned to ye Gen" Court.

En. yt 3otb tobo pr. day be allowed to Such as come 20 mliiles

& upwards & yt wittnesses have 6olb tob. pr day for expence in ye time of their attendance at James City.

Act 3 I674 Ent. Act prohibiting ye Justices of ye Sever" Conuty Courts for levying Tob. upon ye people for their accom- nmodacons & expences whilst they are keeping Courts. En. yt no County pay or allow for Accommodacon of ye Justices at ye County Courts.

Act I I I676-7. An act disposeing amercet" upon cast accons. En. That all Tob. woh have been recd by vertue of 1st act

I674-5 & are due for Amercem'5 be disposed to ye use of ye country, &c.

Act T I677 Ent. an act Imposing fines upon clelinquents of grandj uries.




En. That ye CouLrt yt Neglects once Every year before or upon ye last of aprill to make choyce & Swear a Grandjury to be fined 2,000th toba., % to ye informer Y to the Countyes use, & each Grand jury not appearing according to ye 35 act pr. la. shalbe fined each faulty Jury man 200th tob., Y2 to ye Infor- mer Y,' to ye Countyes use.

Act. ye 5, I682, Ent. an act directing how commissions of Dedimus potestatem & other writts shall issue.

En. yt Dedimus potestatem for ye Gdhm' Court may be signed by one of ye Council in such form & according to such rules as before prescribed, & all writts of Exo" & attachment from ye sd Court may be issued & signed by ye clk. attending ye Sacreta- ries office retble thither.

Act ye IO, I682. an act: witnesses to be free from arrests. En. yt all witnesses subpd to any Court shall be free from ar-

rests from any Debt or trespass, except ye King's suit dureing their attendance at Court & their Coming & returning.

Act I, 1684. an act for altering ye time of holding Gen" Courts.

Ent. y' ye first Gen" Court in each year beginning ye I5th Aprill, if not Sunday, & be held i8 daies not accounting Sun- daies, & ye other to begin ye 15: Octobr if not on Sunday & to be held i8 daies as afore"d. All acts constituting ye Gen" Court at any other time repealed hereby.

Act 5, i686, Ent. an act ascertaining daies for Courts in Ac- comack county.

Ct. daies for Accomack county, 3d Tuesday in June, Septembe, 9br Xbr Feb. & March.

Act 6, I692. an act for altering ye day for princes Anne County Court.

Hereby ye former day appointed is Repealed & ye Ist Wed- nesday in ye month appointed.

DEBTS.

Act io, I663. An act Concerning foreigrx debts. En. yt monies due in Eng. for any consideracon not Impjor"d

into ye country slhall not be pleadable.



ABRIDGMENT OF VIRGINIA LAWS, 1694. 383

Act i, 1664, Ent. an act for ye priority of payment to ye country creditor.

En. y' Country Debts shal be first paid if ye claims be wth"' IV2 months, foreign debts not pleadable till ye countries are paid; but if anv factor w"bin 2 months after his aTrivall enter in any Court of Record ye adventures name & ye value of ye Goods y" ye adventurer shall upon ye death of ye factor have equall pleading wth ye Inhabitants here.

Act 2, 1686. an act declaring Maryland & North (Carolina Debts pleadable.

By this act these debts are Recoverable here in like manner as ye debts contracted here.

EXECUTIONS.

Pr. La. 48, Ent. Appraism' t of goods. En. yt up Exmn ye plt. & deft. shall each of ym choose two

Indifferent men, & in case of disagreemi they, 4 or 3 of them, shall choose an Umpire, who shal be sworn by ye next Comicon' to appraise ye Goods Indifferently, & if ye plt. or deft. do not in 3 daies after ex"" & notice given by ye Sherr. appoint ap- praisri yn ye Sherr. shall appoint appraisra, before such appraism' ye Sherr. shall not remove ye goods, but after ye property shalbe vested in ye Sherr. for ye Cr Surplasage Returned to the Dr. & ye Sherr. shall make return of ye Exo" to ye clk. of ye County Court for ye satisfacon to be Recorded.

Act I I, 1663. An act prmitting persons under Ex" to redeem their bodies wth their Estates.

When any shalbe laid under ex" for debt he shall make oath y' he hath not any specificall money or tob. to answer ye debt & shall tender trible ye value of ye Debt & if he be not able to do y', then he shall tender his whole estate upon oath & ye C' shall make choyce w0" being appraised by 4 men 2 of Cr' & 2

of ye D"' shalbe delivered by ye sherr. to ye Cr & ye Dr acquited but if all will not Sattisfy ye Debt then yc persons to remain in prison & in case of disagreemt about ye appraisors or Estate ye next comr shall appoint 4 men and if they cannot agree he shall determine ye controversy.



384 VIRGINIA HIS'T'ORICAL MAGAZINE'.

FEES

Pr. La. 75 Enit. Survey of' Land. By this Surveyre are to have but 20th tob0 pr. Every ioo acres

of above 500, if under ioolb Tob. pr ye p'rcell. 40'Act 5 I666. An act ascertaininig surveyr ifees. By this 40tb tob. is allowed pr. Every ioo acres if above i,ooo

& if ye prcell be under 400th tob. for wch ye Surveyr deliver an Exact plott, and if he refuse or neglect to survey for it fined 4ootb tob. & for exceeding ye fee 200t tob. pr. Every ioo acres, X2 to ye p'rty Y2 to ye Informer-, & ye Surveyr shalbe allowed 3otb tob. for Every day if he canniiot returni in one.

Pr. La. 137. Cl'ks fees to be paid. En. yt all cl'ks acc'ts be pleadable 3 years. Sherr. to Re-

ceive (distraini for, or Secure by bill, all Sacretary or Cl'ks fees & be allowed for- receiving IO pr. ct. & for bills 5 pr. ct. & if he does not so receive or Secure to be answerable himselves unless ye person be removed out of ye Counity before ye laying of y? levy or yt lhe do not r eceive ye Levys & Sherr. fees or yt he have not ye cl'ks Notes in time Wcb ye cl'k is to send in 4 daies after ye layinig of ye Lavey.

SECRETARYE'S FEES.

For a pattent & recording For rec'd bill or receipt, IO it .So

For a corniconi of Admr & For anl exD, .30 Record, 6o

For a comicon to Trade, . 50 For a passe, .30 For a deposition, . . . i5 For a Subpa .I5 For a bond anid Record, . 40 For a peticon if writt, 15 For a copy of a pattent, . 40 For a certificate for land, I5

For rec'd Lettr of Attor., 30 For a copie of an act of For rec'd a Will, . . . 30 Assembly, . 5 For a comn. Warr', . . i5 For rec'd bill of sale or ye

like, 30 For an order I5 & Copy, I5 For a comicon for Militia

or C ourt, .50

(TO BE CONTINUED)



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An Abridgement of the Laws of Virginia (Continued)

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