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Depositions, how taken.
Judgment may be confessed out of court by acknowledgment in writing.
Grand juries to be empannelled at midsummer and March co'ty courts.
to issue in another.
from time to time keep records of the proceedings of all actions and causes aforesaid, and noe depositions shall be taken but in court, or before two of the comissioners the plt. and defend't being present or some appointed by the said plt. and deft.
BE it also enacted for the lessening of expense and trouble in courts, That if any person or persons will acknowledge vnder his or their hand or hands a judgment for his or their just debt or debts, and the same be entered by the clerke of the county court before one of the comissioners of the quorum in a booke to be kept for that purpose, Then such judgment shall to be equally binding if given by the court, and execution to issue accordingly, And the clerkes fee for entering such judgments to be tenn pounds of tobacco & for an authenticall coppie thereof four pounds of tobacco.
BE it also enacted, That at midsumer and March courts a jury shall be empanelled in the severall county courts, to attend the said courts, to receive all presentments and informations, and to enquire of the breach of all penal laws and other crimes and misdemeanors not touching life or member, to present the same to the court, who are to determine thereof, or else if they shall see cause to transmitt the same to the Governour and Council.
BE it alsoe enacted, That appeales shall lie from county courts to quarter courts and from quarter courts to assembly as formerly hath been vsed, And a judgment being entred in any of the county courts and certified vnder the clerks hand into any other county, execution shall there issue as if judgment had been given in the same county.
WHEREAS the former course in awarding 20 in the hundred for default of appearance hath been found inconvenient, It is thought fitt that the same be repealed, and in stead thereof, Be it enacted, That all sheriffs shall take sufficient bayle of all persons arrested, with this condition to bring forth the body of the party arrested or perform the award of the court, And if the sherriff shall neglect to take sufficient bayle of the party arrested, or otherwise consent to, or be cause of his escape, Then the said sheriff shall bee liable to pay the award of the court himselfe, But if the party arrested shall not appear to answer the suit, bayle being given, then judgment shall be awarded against the bayle, And the bayle soe condemned, (if it be required) shall then have an attachment against the estate of the party soe arrested not appearinge, And the court following judgment therevpon: Allwaies provided that if the said bayle att the next court after the first impleading do bring forth the body or sufficient goods of the party soe arrested to satisfie the award of the court, The bayle shall be then acquitted, And the said comissioners shall be precisely tied to keep the days appointed for their meeting by former act of Assembly, and for no cause to alter the same, But it shall be lawful for the comissioners to hold courts att other times if occasion require, And it shall be in the power of the Governour to appoint and nominate the clerkes of the county courts and their ffees for enteringe of all actions above the value of 1600 lb. of tob'o. or £10 sterl. as alsoe for all other things which before this act belonged to the secretaries office provided they exceed not the flees ed. formerly allowed by act of Assembly.
Former law awarding da.
mages for non appear.
ance of def't.
repealed. Sheriff to
take bail on
arrests or be judgment of
liable to the
the court. the def't.
fail to ap
ment to be entered against the bail.
Bail may have an attachment
against the principal; or
ed by dering him at the next
court or pro
ducing sufficient of his goods.
Courts to be punctually
held on the
Clerks of co'ty courts, how appoint
WHEREAS the anncient and vsual taxing of all General poll people of this collony by the pole, equally, hath been taxes abofound inconvenient and is become insupportable for the poorer sorte to beare, This Assembly haveing taken it into considerations have for their releife hereafter thought fitt to alter the same: Be it therefore enacted, That all publique leavies and county leavies be
Tax on property & tithables.
When & how lists of taxable property and lands to be taken.
Quit rents to be applied first to the
raised by equall proportions out of the visible estates
And for the better effectinge thereof, Be it enacted That by the 25th of June next, a list be taken by some to be appointed for that purpose by the county courts in each county of all tithable persons, of all cowes above 3 yeare old, of all horses, mares, and geldings of 3 years old and vpwards and of all breedinge sheepe and goats in like manner, and that such lists be taken yearly at the same time (vizt.) the 25th of June and sent vnto the secretaries-office, Likewise that the treasurer shall yearly give in an account to the said office of all the particular parcells of land in each county at the same time of the 25th of June, soe that by this means the quantitye of land, tithable persons, horses, mares, geldings, cowes, sheepe and goats may be knowne in each county and consequently the totall in the county, which done, and the publique taxe knowne to the Assembly, the abovesaid proportions shall be augmented or diminished as occasion shall require.
WHEREAS the Governor's vrgent occasions will not permit him to reside continually at James Citty and that in his absence no writ can issue forth, It is thought fitt and accordinglie enacted, That all writs shall issue out of the office vnder the seale as at this present they do, and since the Governor's goeing the last march have done.
ACCORDING to his ma'ties. gracious bounty to this collony, expressed in his late royal letters, Be it enacted by the Governor, Council and Burgesses,
of this present Grand Assembly that all the quitt rents for land due to his majesty in this collony be disposed as followeth (vizt.) first allowing to the treasurer for the time being his salary of £. 500 per. ann. as the revenues shall amount thereto, and then what shall arise by surplussage the accompt thereof to be presented to the Governor and Council and then to be disposed of by the Assembly as they shall think fitt.
payment of er's salary; and then to be disposed of by the gen. assembly.
cillor not to
WHEREAS the earnest prosecution of the present The ten men warrs hath subjected this collony to an excessive of each councharge wherein all persons whatsoever inhabiting be exempted within this colony ought equally to be ingaged in during the respect the preservation of all depends therevpon, and present war. that the warr is conceived to be a defensive warr wherein those of the Council are by his ms'ties instructions equally ingaged with the rest of the collony: Be it therefore enacted, That those of the Council aforesaid shall noe longer exempt their tenne men a peece from the charge of the said warr but shall equally contribute with the rest of the inhabitants, in all charge expended herein both for this present yeare and all the time that the said warr shall continue, excepting onely the fourteens alreadie agreed upon in the countys, which they are cleered from, in respect of what is allreadie done therein cannot be altered or intermedled with without much trouble.
WHEREAS it is to be desired that all manufactors Exportation should be sett on work and encouraged in this col- of hides and lony, Be it enacted hereby, That all exportation of hides & leather be forbidden, vpon penaltie of the forfeiture of double the value of any hides and leather soe exported out of the collony, and the stay of any such vessel or vessels in which any of them shall be found, The halfe of which forfeiture shall be to the king: the other halfe to the informer.
THE Governor,, Council and Burgesses of this present Grand Assembly having maturely weighed & considered how advantageous a quoine current would be to this collony, and the great wants and miseries which do daily happen vnto it by the sole dependency vpon tob'o. have at length resolved and enacted, and be it by the authoritie aforesaid enacted as the onely way to procure the said quoine and prevent the further miseries, That all peeces of eight in Spanish money be valued and taken in payment, att the rate of sixe shillings and all other Spanish silver quoines proportionably which shall be brought into the collony: And whereas it is conceived that the said quoine will not continue with vs vnless we have a leger quoine, Therefore serious consideration had of the many wayes tending to that Copper coins. effect, it was at length generally allowed, That a quoine of copper would be the most beneficial to, and with most ease procured by the collony. And that after proclamation made by the Governour and Council that all person or persons within this collony whether merchants or others do desist or leave off tradeing for tob'o. vpon the penaltie and forfeiture of the thing so bought or sold, The one moyetie whereof shall be and come to the informer, and the other to the benefit of the state.
Spanish pieces of eight rated at 6s. each, and other Spanish coins
Tobacco no longer a cir
culating medium. Penalty.
Copper, how to be procured.
To be coined in 2d, 3d, 6d & 9d pieces. If called in and become not current
the republic to make it
good. Counterfeits, how guarded against.
The quoine to be erected after this manner.
10000 lb. of copper to be bought by the publique at the rate of 18d. per lb. which amounts to £750 sterl. which to be paid in tob'o. at the rate of 1d. 1-2d. per lb. 120000 of tob'o. which being collected per pole accounting 5000 persons in this collony it comes to 24 lb of tob'o. per pole every pound of copper to make 20s. and to allow for the mintage 12d. per pound soe there will remaine £9500 sterl. The mintage allowed and deducted. The stocke to be equallie divided amongst the adventurers to be quoined in two pences, three pences, sixe pences and nine pences, And if it shall happen at any time hereafter that the aforesaid quoine be called in and become not currant, Yet the republique shall make good the quantity of so much (vizt.) £. 10000 to be levied per poll, And that it may be provided that this quoine may not be counterfeited and brought in, Beside the inflicting of capitall punishment vpon these