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BE it also enacted that no person or persons what- Servitude for soever for any offence already committed or to be offences abo committed shall be hereafter adjudged to serve the collony.
WHEREAS by the 19th act of Assembly 1641, It was appointed for the equall appraisments of goods seised by execution that all plts. and defts. should choose each of them two indifferent men for that purpose and in case of disagreement the said four or any three of them do chuse an vmpire, which vmpire soe chosen, shall be sworn before the next comissioner to praise such goods indifferently and his vmpirage to be final, And whereas the said act doth not lymitt a convenient time for the chusing of appraisers as aforesaid which causeth much neglect and delay to arise to the prejudice of divers persons if it be not prevented, Be it therefore enacted by the authority of this Grand Assembly that if any persons either plt. or deft shall neglect to appoint appraisers according to the real intent of the said act within three days notice given them by any sheriff to whom execution of seizure shall be directed, It shall be lawfull for any sheriff in case of neglect as aforesaid to chuse and appoint appraisers, either for the plt. or deft. for the appraisement of any goods seized by execution as aforesaid.
BE it further enacted and confirmed that no sheriffe for the future do retaine continue or execute the office of a sheriffe any longer then one whole year in one county, And the said sheriffe of everie county respectively doe bring in and yeeld vp at everie March quarter court yearly to the Governour and Counsell a just accompt of all publique comands committed to their charge, At which time they are to be discharged at the said court, and also that all sherriffs doe give good caution to the county courts for the performance of the trust comitted vnto them.
Orphans' lands protect
sale, forfeiture, &c.
of others to be allow d
for their im
and if they exceed the value of the land, the 1st settler to
have the land at valuation.
BE it also enacted and confirmed for the benefit of all orphants that the comissioners of the severall county cours, do take into their serious consideration and care that no land belonging to any orphant within their countys respectively, be alienated, sold estranged or taken vp as deserted by any person or persons during their minoritie, vntil three years after their full age, nor that they suffer, nor any waies conive att the overseers or guardians intrusted for orphants as aforesaid, do farm, sett or lett to lease any tenements or lands due to such orphants for any longer term of years then vntil the said orphants shall come to age as aforesaid.
WHEREAS divers suits are and have been comenctling on lands ed in courts, depending on the differences of land, to the great trouble and molestation of the whole collony, ffor prevention thereof, be it enacted and conprovements, firmed, that if any person or persons whatsoever have sett downe vpon any plantation or ground which did properly belong to any other man, And if it shall fall out by a just survey to be the right of him, Although it hath been formerly peopled, cleared and builded vpon by authoritie, that a valuable consideration be allowed by the judgment of twelve men vpon oath to the first that hath seated vpon it, But if the charge shall amount to more then the owner is willing to disburst, that he that is in possession shall give satisfaction for the land what it may be judged worth, by twelve men before the seating thereof, which jurie to be sworne by the next authoritie qualified to the administration of an oath, Provided that this act shall not extend to any orphants land nor that such land shall be accounted deserted vntil three years after the full age of phant.
case of orphans.
Guardians & overseers
of orphans, their duties.
WHEREAS there hath been the generall sufferinge of the collony, that the orphants of divers deceased persons have been very much abused and pre
judiced in their estates by the negligence of overseers and guardians of such orphants, Be it therefore enacted and confirmed, that the guardians and ouerseers of all orphants shall carefully keep and preserve such estates as shall be comitted to their trust either by order of court or otherwise, And shall likewise deliver an exact accompt once everie year to the comissioners of the yearly to severall county courts respectively of the said estates court. and of the increase and improvement, who are hereby required to keep an exact register thereof, And all overseers and guardians of such orphants are injoyned by the authoritie aforesaid to educate and instruct them according to their best endeavours in Christian religion and in rudiments of learning and to provide for them necessaries according to the competence of their estates, And where any shall be found delinquent in the premises the comissioners of the said county courts are required to take the care of the said orphants and their estates into due consideration and to see them provided for according to their estates and qualities.
Be it also enacted & confirmed, for the better observation of the Sabbath that no person or persons shall take a voyage vppon the same, except it be to church or for other causes of extreme necessitie vpon the penaltie of the forfeiture for such offence of twenty pounds of tobacco being justly convicted for the same.
Be it further enacted & confirmed, for the better observation of the Saboth and for the restraint of divers abuses committed in the collony by vnlawfull shooting on the Sabbath day as aforesaid, vnles it shall be for the safety of his or their plantations or corne fields or for defence against the Indians, he or they so offending shall forfeit for his or their first offence being thereof lawfully convicted, if he be a freeman the quantity of twenty pounds of tobacco, and if a servant to be punished at the discretion of his master, And if masters of any such servants be remisse and negligent in the punishing of his servant for the offence aforesaid he shall be liable to the forfeiture of twenty pounds of tobacco, being justly convicted for the same.
Sabbath day how to be
observed. No voyage
Discovery of a new river S. W. of Appamattox, authorised.
Reservation of royal mines.
Money debts not pleadable
FFOR as much as Walter Austin, Rice Hoe, Joseph Johnson and Walter Chiles for themselves & such others as they shall think fitt to joyn with them, did petition in the Assembly in June 1641 for leave & encouragement to vndertake the discovery of a new river or vnknowne land bearing west southerly from Appomattake river, Be it enacted and confirmed, that they and every of them and whome they admitt shall enjoy and possess to them, their heires, executors or administrators or assigns all profitt whatsoever they in their particular adventure can make vito themselves by such discovery aforesaid, for fourteen years after the date of the said month January 1641, Provided there be reserved and paid vnto his majest's vse by them that shall be appointed to receive the same, the fifth part Royall Mines whatsoever, Provided also, that if they shall think fitt to employ more than two or three men in the said discovery that they shall then do it by commission from the Governour and Counsell.
WHEREAS manie and great in conveniencies do dayly arise by dealing for monie, Be it enacted and confirmed by the authoritie of this present Grand Assembly, that all monie debts made since the 26th day of March 1642 or hereafter shall be made shall not be pleadable or recoverable in any court of justice vnder this government, And that a coppie of this act be by the Capt. of the ffort or his deputy, be fixed on the mastes of all shipps vpon their arrivall within the goverment, to the intent that all people whatsoever might take notice hereof.
All former surveys of
FFOR as much as divers men have been att great charges for the laying out and surveying their severall dividents according to a former order of court for the surer and certainer settlements of themselves in their estates, Be it enacted and confirmed, that all surveys made by allowed surveyors, are hereby approv
ed as authentick, And that no person or persons whatsoever who hath layd out or surveyed his or their land or lands shall be hereafter compelled to resurvey his or their land or lands by any surveyor or surveyors whatsoever.
FFOR the dispatch and reputation of public buis- Burgesses nesses, Be it enacted and confirmed that none of the privileged Burgesses of this nor any following Assembly shall be arrested from the time of his election vntil ten days after disolution of the Assembly wherein he serves as a Burgesse.
BE it enacted and confirmed by the authoritie of this Grand Assembly that the 22d day of March be yearly kept holy in commemoration of our deliverance from the Indians at the bloody massacre the 22d March 1621, And that the ministers of every parish give notice thereof to his parishoners the Sabbath day next before.
The 22d of March to be kept as a ho ly day.
IT is enacted and confirmed that masters of every Guns to be family shall bring with them to church on Sondays carried to one fixed and serviceable gun with sufficient powder and shott vpon penalty of ten pound of tobacco for every master of a family so offending to be disposed of by the churchwardens who shall leavy it by distresse, and servants being commanded and yet omitting shall Penalty. receive twenty lashes on his or theire bare shoulders, by order from the county courts where he or they shall live.
IT is enacted and confirmed by the authoritie aforesaid that all such persons as were here or came in att the last comeing of Sir Tho. Gates should be exempted from their personall service to the wars and all
Old settlers exempted
from public charges