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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 before 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 unto 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.
Further time of 3 years granted for seating land on account of the late mas
sacre and present scar
city of corn.
as to deprive
men of com
IT is thought fitt that there be added to the 40th* act of 1642-3. made 1642, concerninge a valuable consideration for amended so 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.
* Act XXXIII of this collection
Act VII of Nov, 1645.
pensation for their improvemens' lands
ments on other
if they have notice of a prior title.
IT is thought fitt that vnto the act forbidding merce- Attornies are nary attorneys,† It bee added that they shall not take not directly or any recompence either directly or indirectly. And indirectly to 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.
cause or appoint some person out of
to appear for a
the people weak party.
No other attornies to be admitted.
WHEREAS there hath been great neglects in the 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 must make it 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 tob'o, 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.
If good cause of absence,
Commiss'rs. of county courts to be punctual in their attend
Not to absent themselves
without the consent of the rest of
in writing and prove it to be true.
Penalty for breach of this act.
Hog stealing punishable by fine of 1000 lb. of
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 established, 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,
Act VIII Oct 1644. 3 Act XII, 1644-5
Be it therefore enacted for the better prevention thereof, that whosoever shall steale or vnlawfully kill any hogg which is not his owne, and that said fact be proved by sufficient evidence, he or the soe offending shall pay to the owner of the said hogg the sume of one thousand pounds of tob'o and one thousand pounds of tob'o. more to the informer, And in case of inability to pay and satisfie the said sumes the person soe of fendinge shall serve two years (vizt.) one yeare to the 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 refuse to declare and manifest the markes of any hogg or hoggs lately killed by him or otherwise denie to be aydeing and assistinge in the inquiry after any hoggs soe stollen or vnlawfully killed as aforesaid, And be it also enacted that the clause of the 7th act, 1642, makeing hogg-stealing felonie bee from henceforth repealed.
WHEREAS there is and hath been great neglect in the payment of the quitt rents vpon the motion of the treasurer, for remedy shereof, Bee it enacted and declared as followeth, That the delinquents in the payment of any quitt rents shall bee destrayned vpon the lands, by the treasurers receivers bydirection and warrant from him vnder his hand, And that if any will repleavy their goods, then giveing good caution, their allegations shall be heard, either att the countie courts or before the Governour and Council, And the King's suits and debts to be preferred before any other, And that all courts and officers ought to be assistant therein and proceed according to the laws of England.
Act IV. of this collection.
+ This refers to Act XI. of Oct. 1646
tobacco, one half to the other to the informer.
If offender unable to
sums to serve years, one
to owner, the
other to informer. pected to declare the marks of any hog lately
killed by him.
Former act making hogstealing felony repealed.
Quit rents may be dis trained for & replevied
on giving security, & the
party heard before the
co'ty courts, or gov. and
King's debts to be preferred to all others
WHEREAS by act bearing date the
It was enacted, That there should be no dealing repealed, &
Act XI of
buying tob'o. to pay the planters for their casks.
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
Tract of land
between Rappahannock and Potomack rivers called Northumberland county.
BEGINNING THE TWELFTH OF OCTOBER, 1648.*
from which the acts of this session were printed, is now in the library of Congress at Washington.
The MS. [From a MS. 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 Randolph, 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 Nor thumberland, And that from henceforth they have
* 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.
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, See ante pa. 294, 299, 837, 338, 340.
power of electing Burgesses for the said county to Inhabitants serve att Assemblies vpon lawful sumons from the Go- may elect burgesses. vernour, which they are authorized to doe by vertue of this act to the next sessions of this Assembly, And it Patents to isis further thought fitt that patents be granted vnto them sue. 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 in- Inhabitants habitants de futuro be rated proportionably in all lea- to be rated vyes to the rest of the inhabitants of the collony, And Proportionathat they make payment of all assessments made by rest of the this Assembly and all arrears due from them, for which colony in the their so doeing Capt. Francis Poythers hath vnderta- taxes, &c. ken 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.
bly with the
and settle on
VPON the humble representation of the Burgesses Inhabitants to the Governour and Council of the great and may remove clamorous necessities of divers of the inhabitants occa- the north sioned and brought vpon them through the mean pro- side of Cha's. duce of their labours vpon barren and over-wrought and Rappagrounds and the apparent decay of their cattle and ver, after the hoggs for want of sufficient range, which after serious 1st of Sep. consideration they had found and vnanimously agreed 1649. to be the state of a very considerable number of the inhabitants, and that therefore leave might be forthwith grauted 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 enacted by the Governour, Coun