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Act of Feb. 1644-5, concerning dis
counts and set-offs made perpetual.
No assignment of bills, &c. to be made without the knowledge of both parties.
The 19th act of the last session repealed.
then and there enacted, that all causes of what value soever, should be tried in the county courts by the verdict of a jury (if either party should desire it, except what is there excepted) It is now further enacted by this present Grand Assembly that all such, either plts, or defend'ts who shall desire jurors, to decide their causes or differences shall pay and allow vnto the said jurors 72 lb. tob'o. per cause, And that during the time they shall be debatinge the cause of such plt. or defendant (after their charge delivered them by the board) neither plt. or defendant shall have priviledge to be admitted to them or entertained in discourse concerning the cause in tryall.
WHEREAS it was enacted by the 9th* act of Assembly held the 17th ffebruary, 1644 for avoiding many causeless suits of law, That where any suit shall be comenced either in quarter court or coun ty court, that if the deft. had either bill, bond or accompt of the plts. wherein he proved him debtor, That in such cases the courts should ballance acco'ts, consideration being had and allowance given to the plt. for his charges who first began his suit, as also to the time when such bills, bonds and acco'ts. were due; to be compared to the accompt in ballance, And that the said act should continue in force till the next Assembly, This present Grand Assembly to all intents and purposes doth confirm the said act, Provided that no bills or acco'ts. whatsoever be passed or assigned over without the knowledge of both parties.
BE it enacted by this present Grand Assembly that the 19th act of the first sessions of this present Grand Assembly prohibiting the transportation of hides and leather out of the collony be from henceforth repealed and made void.
BE it enacted for the defence of the inhabitants on Fort Henry, the southside of James River and the prevention of at the falls of the great releife and subsistance to the Salvages by to be erected Appomattox fishing in Bristoll alias Appomattocké River, as also for the catting down their corne or performeing any other service vpon them, That there be a ffort forthwith erected, att the Falls of the said Appomattock River, nominated forte Henry, and forty-five soldiers raised & garrisoned from the inhabitants from Basses choyce vpwards, including the said Basses choice: All which soldiers Number of are to bee raised by the Leu'ts. and deputy Leu'ts. within the said lymitt either by presse or otherwise as the Leu'ts. and deputy Leu'ts shall think fitt, from the How raised. inhabitants resideing within the said precincts proportionably, that is to say, Henrico 3, Charles Citty 12, James Citty 15, Isle of Wight 15, which said Leiuet's Arms, &c. and deputy Leu'ts are authorized to leavie armes, ammunition and all other things necessary for the service, as well for the building of the ffort as otherwise: And it is further enacted that the inhabitants within the lower parish of Isle of Wight county and the Vpper and Lower Norff. counties do vndertake the warr against the Nansimum Indians, or any other neighbouring Indians, by cutting vp their corne and doing or perform- War against ing any act or acts of hostility against them, And that the Nansithey have power (if it be thought fitt by the Lefts. and mum Indeputy Lefts. within the said countie) to erect a forte within the said countyes, And it is further thought fitt, that the charge of the said warr in all the aforesaid lymitts be leavied proportionably from the inhabitants of the south side of James River, And that the same salary be allowed to the officers respectively of the ffort Henry that the officers of the fortes on the north side of the river had and enjoyed the last year by vertue of the 3d act of the 17th of ffeb: 1644, with the like priviledge to the Capt. to elect his inferior officers, And that the Leu'ts. and dept. Leu'ts. do take care to provide a sufficient chirurgeon for the said forte.
How the expense to be
Pay of offi cers of the
WHEREAS by the 9th act of Assembly held the 21st of October, 1630, consideration being had and taken of the imoderate and excessive rates and prices exacted by practitioners in physick and chyrurgery and the complaints made to the then Assembly of the bad consequence thereof, It so happening through the said intollerable exactions that the hearts of divers maşters were hardened rather to suffer their servants to perish for want of fitt meanes and applications then by seeking releife to fall into the hands of griping and avaricious men, It be apprehended by such masters who were more swayed by politick respects then Xpian* duty or charity, That it was the more gainfull and saving way to stand to the hazard of their servants then to entertain the certain charge of a physitian or chirurgeon whose demands for the most parte exceed the purchase of the patient, It was therefore enacted for the better redress of the like abuses thereafter vntil some fitter course should be advised on, for the regulating phisitians and chirurgeons within the collony, That it should be lawfull and free for any person or persons in such cases where they should conceive the acco't. of the phisitian or chirurgeon to be vnreasonable either for his pains or for his druggs or medicines, to arrest the said phisitian or chirurgeon either to the quarter court or county court where they inhabitt, where the said phisitian should declare vpon oath the true value worth and quantity of his druggs and medicines administred to or for the vse of the plt.f wherevpon the court where the matter was tryed was to adjudge and al low to the said phisitian or chirurgeon such satisfaction and reward as they in their discretions should think fitt, And it was further ordered that when it should be Penalty on sufficiently proved in any of the said courts that a physitian or chirurgeon had neglected his patient, or that
physicians & surgeons
Former act compelling physicians & surgeons to declare on
oath the value and medicines,
of their drugs
BE it enacted by this present Grand Assembly, That his ma'ties treasurer doe receave the quitt rents in tob'o. at the rate of 3d. per pound. It being conceived the value of the comoditie at present,
Courts may allow what is reasonable.
he had refused, being thereunto required, his helpe and neglecting their patients assistance to any person or persons in sicknes or extreor refusing mity, That the said phisitian or chirurgeon should assistance. be censured by the said court for such his neglect or refuseall, which said act and every clause therein mentioned and repeated, this present Grand Assembly to Jurisdiction all intents and purposes doth revive, rattifie, allow and confirme with this only exception that the plts. or patients shall have their remedie at the county courts respectively, vnless in case of appeale.
WHEREAS by a Grand Assembly held the 17th Harrop paof Feb. 1644, It was then enacted by the consent of Mr. Thos. Hampton, rector of Ja: Citty parish, That the inhabitants of the east side of Archers hope creeke to the head thereof, and downe to Warehams ponds, should be a distinct parish of themselves, Bee it now further enacted by the authoritye of this present Grand Assembly, That the said parish be nominated and called by the name of Harrop parish.
BE it enacted by this present Grand Assembly that the 25th* act of the Grand Assembly held the second of March, 1642, injoyning sufficient and legall demands to be made before any suits should be commen=ལ ced, be from henceforth repealed and made void, And * in stead thereof be it enacted by the authoritye aforesaid that the creditor's oath shall be a sufficient proofe whether or no the debt in question were first demanded before the suit commenced.
Former act requiring proof of a de
suit brought repealed and tor's oath sufficient.
WHEREAS the Governor, Council and Burgesses ments for an of this present Grand Assembly have maturely expedition weighed and considered the great and vast expence of against the
* Act XLIV in this collection.
the collony, in prosecuting the warr against our comon enemies the Indians, and the almost impossibility of a further revenge vpon them, they being dispersed and driven from their townes and habitations, lurking vp & downe the woods in small numbers, And that a peace (if honourably obtained) would conduce to the better being and comoditie of the country, have enacted, and be it therefore enacted by the authority aforesaid, That three-score men be forthwith raised on the north side of James River, well provided with fixed guns, shott baggs and swords, That is to say, from Henrico 2 men, Charles Citty county 4, James Citty countye 13, Yorke county 16, Warwick county eight, Eliz. Citty county 8, and Northampton county 9-All which said men shall march vnder and be obedient to the command of Leift. Fra Poythers in the manageing of any occasionall warr, And that vpon all emergent occasions in the treaty for the accomodation of a peace the said Leift. ffrancis Poythers shall follow the advice of Capt. Henry fleet, And that the said Capt Henry Fleet shall according to his vndertakeing and propositions made to the Grand Assembly provide and make readie his barque, boat and shallop, victualls and men for the manageing of the said vessells for the space of sixe weeks, And three hundred pound of powder and 1200 lb. of shott or bulletts for the said sixty men to be employed in the service, att his owne proper costs and charges, As alsoe all such nailes, axes, hoes, spades, & other necessaries for the service as occasion shall require, the charge of which shall be borne and defrayed by the publique leavye, Aud that the said 60 soldiers be raised by the Leift. and deputy Leifts. of the said severall countyes respectively in the severall precincts who are to repaire to their rendevouze at Kickotan on the 20th of Aprill next well appointed as aforesaid, And further be it enacted, That Mr. Cornelius Lloyd and Mr. Antho: Elliot shall forthwith putt in securiProvisions. ty (according to the present vndertakeing) to provide and make readie att the tyme aforesaid 2520 lb. of beefe and porke sufficiently salted and packt in caske, and 2520 lb. of bread or sifted meale and 40 bushells of peas in caske or the valew in bread and meale, In consideration whereof they shall receive 15000 lb. of tobacco to be raised by the next publique leavie, out of such county or countys as they shall desire, And that'