|Pages 143-167||Pages 182-204|
|[From edit. 1733, p.366.]|
|I. WHEREAS, in and by one act of assembly, made at a general assembly, begun at the capitol, the twenty-third day of October, in the fourth year of the reign of our late sovereign lady, Queen Anne, intituled, An Act concerning Servants and Slaves, it is, amongst other things, provided, that when a negro, or runaway, that did not speak English, and could, or otherwise thro' obstinacy, would not declare the name of his master or owner; that then it should be sufficient for the justice to certify the same, instead of the name of such runaway, and the proper name and surname of his or her master or owner, and the county of his or her residence, and distance of miles, as in the said recited act is set forth: And in such case, should, by his warrant, order the said runaway to be conveyed to the public goal of this country, there to be continued prisoner, until the master or owner should be known; who, upon paying the charges of the imprisonment, or giving caution to the prison-keeper for the same, together with the reward of two hundred and one hundred pounds of tobacco, as the case should be, should have the said runaway restored.|| |
Preamble, reciting act of 1705, ch. 49
|II. And whereas, in pursuance of the said recited act, many runaways, whose owners names could not be known, have been sent to the public goal of this country, although the said owners, or their overseers, have lived in the county, or near the place where the said runaways have been taken up; and it hath been found by experience, that the said clause in the said recited act, hath proved very inconvenient: For remedy thereof,|
|III. Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the publication of this act, all and every negro, or other person, who shall be taken up, and brought before any justice of the peace, and cannot speak English, or through obstinacy, will not declare the name of his or her owner, such justice shall, in||Runaways to be committed to county jail.|
|such case, and he is hereby required, by warrant under his hand, to commit the said negro, slave, or runaway, to the goal of the county wherein he or she shall be taken up; any former act, usage, or custom, to the contrary, in any wise, notwithstanding.|
|IV. And be it further enacted, by the authority aforesaid, That the sheriff, or under-sheriff of the county, to whose custody the said runaway shall be committed, shall forthwith cause notice in writing of such commitment, to be set upon the courthouse door of the said county, and there continued, during the space of two months; in which notice, a full description of such runaway, and his cloathing, shall be particularly set down; and shall cause a copy of such notice to be sent to the clerk or reader of each church or chapel within his county: Every which said clerk or reader is hereby required to make publication thereof, by setting up the same in some open and convenient place near the said church or chapel, on every Lord's day, during the space of two months from the date thereof. And every sheriff failing to give such notice as herein is directed, shall forfeit and pay five hundred pounds of tobacco. And every clerk or reader failing to publish such notice as is before directed, shall for every such offence, forfeit and pay two hundred pounds of tobacco: Which said several forfeitures shall and may be recovered, with costs, in any court or courts of record in this dominion, by action of debt, bill, plaint, or information; wherein no essoin, privilege, or protection, shall be allowed: The one moiety whereof shall go to our sovereign lord the king, his heirs and successors, for and towards the better support of his government, and the contingent charges thereof; and the other moiety to the person who shall sue for the same.|| To be advertised by the sheriff at the courthouse; |
And, by the clerk or reader of the church or chapel.
Penalty for neglect.
|V. And be it further enacted, by the authority aforesaid, That if within the said space of two months, the owner of any such negro, slave, or runaway, cannot be known, or doth not claim the same, that the sheriff of the said county, to whose custody such runaway shall be committed, shall cause the said runaway to be delivered to the next constable, to be by him conveyed to the next constable, and so from constable to constable, to the public goal of this colony, after such manner, and to receive such punishment, as in the said first recited act, is mentioned and directed.||To remain in jail, if not claimed by the owner.|
|VI. But whereas great trouble is given to constables in conducting runaways, and a severe penalty imposed on them, in case such negro or runaway makes his or her escape, and no reward allowed for their trouble in performing the services by the said recited act directed:|
|VII. Be it enacted, by the authority aforesaid, That all and every the constables within this dominion, for their encouragement to perform their duty, be for the future exempted from the paiment of all public, county, and parish levies, for their own persons, during their continuance in their office. And that keepers of ferries within this dominion, shall give immediate passage to all constables and their assistants, charged with conducting any runaway, either to the public goal, or to such runaway's master or owner, without charging such constables or assistants for the ferriage, either going or returning; but all such ferriage of constables and their assistants, and of all runaways, shall be paid by the county where such ferry-keepers respectively live, and shall be again repaid by the public, and levied upon the respective masters of such runaways.|| Constables exempted from payment of levies.|
Ferriage of runaways, how paid.
|VIII. And be it further enacted, by the authority aforesaid, That when any negro, or runaway, as aforesaid, shall be delivered to the keeper of the public goal of this country, by virtue of this act, and his master or owner cannot be known, it shall and may be lawful for the keeper of the said goal, upon his application to the general court, or the nearest county court to the said goal, with the consent of either of the said courts, to let the said negro or runaway to hire to any person or persons whom they shall approve of; for such sum or sums of money, or quantity of tobacco, and for such term or time as they shall direct; and that out of the money or tobacco arising by such hire, all fees relating to the taking up, imprisonment, and conveying to goal, and charges of maintaining such negro or runaway, shall be first paid and discharged, and the overplus (if any shall be) disposed of, as such court or courts (who shall order the said negro or runaway to be let out to hire) shall direct.|| Runaways, when to be hired out. |
Appropriation of hires.
|IX. Provided always, That when the owner of such runaway shall demand the same, the person to whom such negro or runaway shall be let out to hire, shall forthwith deliver the same into the custody of the keeper||Runaways to be delivered to owners.|
|of the public goal; and shall then also pay the hire, in proportion to the time the said runaway hath served: And the keeper of the said goal shall deliver the said runaway to his master or owner, he or she paying down all fees and charges of taking up, imprisonment, conveying to goal, and maintaining such runaway, in case the hire received for the service of the said runaway be not sufficient to satisfy the same.|| |
Payment of charges.
|X. Provided also, That when the keeper of the said public goal shall, by the direction of such court or courts, as aforesaid, let out any such negro or runaway to hire to any person or persons whatsoever, the said keeper shall, at the time of his delivery, cause a strong iron collar to be put on the neck of such negro or runaway, with the letters (P. G.) stamped thereon; and that thereafter, the said keeper shall not be answerable for any escape of the said negro or runaway.||Iron color to be put around neck of runaway.|
|XI. And whereas, the fees for the commitment, maintaining, and releasement of such runaways, are not ascertained, and larger have been demanded by the sherifs and goalers, than are reasonable.|
|XII. Be it enacted, That from and after the publication of this act, the fees and allowances of the said sherifs and goalers, be as follow, that is to say: for the commitment of every such negro, or runaway, to any county goal, the sheriff shall be paid for his fee, the sum of one shilling, current money, or ten pounds of tobacco; and for the keeping and maintaining him or her in goal for every twenty-four hours, the sum of six pence, or five pounds of tobacco; and for his or her releasement, one shilling, or ten pounds of tobacco: −− And that the keeper of the public goal, for the commitment of every such negro or runaway, shall be paid the sum of two shillings, current money, or twenty pounds of tobacco; and for his or her keeping and maintaining in goal, for every twenty-four hours, the sum of six pence of like money, or five pounds of tobacco; and for his or her releasement, the sum of two shillings of like money, or twenty pounds of tobacco, and no more. And if any sheriff, in any county of this dominion, or the keeper of the public goal, shall demand and take any greater fee or allowance, than is hereby before appointed and allowed, for the services and maintenance aforesaid, or any of them, he or they so offending, shall, for every such offence, forfeit and|| Prison fees for runaways.|
In the county jail.
In the public jail.
Penalty for exceeding legal fees.
|pay to the party agrieved, the sum of twenty shillings: and shall also refund and pay back to such party, all and every sum of money or tobacco which such sheriff or goaler shall receive and take, over and above the fees and allowances herein before appointed: Which said forfeiture of twenty shillings, shall and may be recovered before any justice of the peace of the county where such offence shall be committed.|
|XIII. Provided nevertheless, That when any negro, or other runaway, whose master or owner is or shall be an inhabitant of the provinces of Maryland, or Carolina, shall be committed t the prison of any county, or to the public goal of this dominion, it shall and may be lawful, to and for the sheriff of the county, or keeper of the said goal, to whose custody such negro or runaway shall be committed, to ask, demand, and receive, of such master or owner, the like fees, and charges, for taking up, imprisonment, commitment, releasement, and maintaining in prison, as are or shall be demandable in the province wherein such master or owner resides respectively, for the taking up, imprisonment, commitment, releasement, and maintenance of the runaways taken up and committed there, belonging to the inhabitants of Virginia; any thing herein contained to the contrary, notwithstanding.||Proviso, as to runaways from Maryland or North-Carolina.|
|XIV. And be it further enacted, by the authority aforesaid, That when any negro, or other runaway, whose owner shall be, or supposed to be resident in Maryland, or Carolina, shall be committed to the public goal of this colony, the keeper of the said goal, shall, by the first opportunity after such commitment, send a description of such negro, or other runaway, together with an account of the time of the commitment, and the county from whence the runaway was removed, to such particular place or places of this dominion, bordering on the provinces of Maryland, or Carolina, respectively, as shall be agreed upon between his majesty's lieutenant-governor, and the governors and commanders in chief of the said respective provinces; to the end, the masters or owners of such runaways as shall happen to escape from those provinces, may have timely notice thereof.||Runaways from Maryland, or North-Carolina, how disposed of.|
|XV. Provided, That when, at any time hereafter, such negro or runaway shall be let out to hire, after the manner before expressed herein, the keeper of the||But one commitment to be charged,|
|said public goal be not allowed any more than one fee for the commitment, and the same for the releasement of such negro or runaway.||where runaway hired out.|
|XVI. And be it further enacted, That where any such negro or runaway shall be committed to the public goal of the country, by virtue of this act, whose owners cannot be known, as aforesaid, and shall happen to die there; in such case, all charges of the taking up, keeping, and maintaining the said negro or runaway in goal, and all other charges relating thereto, shall be defraied by the public.||Fees, in public jail, to be paid by public.|
|XVII. And whereas, the act of assembly of this colony, intituled, An Act to prevent the clandestine transportation, or carrying of persons in debt, servants, or slaves, out of this colony, hath not been found effectual to obtain the ends thereby intended; but many persons in debt, servants, and slaves, have been clandestinely conveyed out of this colony: For preventing whereof.||(Ch. 12, 1705.)|
|XVIII. Be it enacted by the authority aforesaid, That every master of a ship or vessel shall, at the time of his clearing, and before he shall be cleared out hence, before the officers of the customs, in the port where the ship or vessel rides, take the following oath:||Masters of vessels to take an oath not to transport any person without a pass.|
|I A. B. master of the ship (or vessel) C. do swear, that I will make diligent enquiry and search in my said ship (or vessel,) and will not knowingly or willingly carry, or suffer to be carried, in my said ship, out of this dominion, without such pass as is directed by law, any person or persons whatsoever, that I shall know to be removing hence, in order to deceive their creditor; nor any servant or slave, that is not attending his or her master or owner, or sent by such master or owner.|| |
|Which oath, the said officers of the customs are hereby impowered and required to administer.||How administered.|
|XIX. Provided always, That the taking the said oath, shall not discharge the master of any ship or vessel, from any of the penalties to which he is liable, by the said last recited act.||Proviso.|
|XX. And be it further enacted, by the authority aforesaid, That if any person or persons (other than servants) shall forge or counterfeit any pass, in order to||Forging pass, penalty for.|
|procure a transportation out of this colony; such person or person so forging or counterfeiting the same, shall forfeit and pay ten pounds current money; one half whereof shall be to his majesty, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other half to the informer: To be recovered, with costs, in any court of record within this dominion. And if any servant shall forge or counterfeit any such pass, or make use of the same, knowing it to be such, in order to obtain a transportation, or to escape out of this colony, either by sea or land, he, she, or they, so offending, shall stand in the pillory, upon a court day, at the courthouse of the county, where he or she shall be convicted, for the space of two hours, and receive thirty lashes, well laid on, at the public whipping-post of the said county.|
|XXI. And be it further enacted, That whatsoever white servant shall run away, and at, or after his or her departure, shall change his or her name, or usual habit, or otherwise disguise him or herself, with intent thereby to escape, being discovered, on proof made of such deceit, every such runaway shall be adjudged to serve his or her master or mistress, for the space of six months, over and above all other service due for running away.||Servants running away & changing name, penalty for.|
|XXII. And whereas, many abuses have been committed by persons, who, under pretence of understanding several trades and misteries, have procured large sums of money, to be advanced to them, and have entred into covenants with merchants, and others, in Great-Britain, for the paiment of large wages, yearly, though they were totally ignorant of, and unable to perform, such trades and misteries: For remedy whereof.|
|XXIII. Be it enacted, That all and every person or persons already imported, or who shall be imported into this colony, as a tradesman, or workman, on wages, and shall be found not to understand such trade or emploiment, the master or owner of such servant, may bring him or her to any county court of this colony; which court, upon complaint to them made of such deceit, are hereby impowered and directed to enquire into the same, and upon finding any such fraud, may adjudge and direct such satisfaction to be made to the||Penalty on servants, pretending to be tradesmen, who are not.|
|master or owner of such servant, either by defalcation of the wages, or part thereof, or by ordering such further time of service for the money advanced, as to them shall seem just.|
|XXIV. And be it further enacted, That if any person who is or shall be imported into this colony as a tradesman, or other workman, on wages, shall refuse or neglect to perform his duty, or shall absent himself from his master's service, without leave; in every such case, it shall and may be lawful for the justices of the county court wherein such master resides, upon complaint and proof to them made, to order such satisfaction and reparation to the master or owner of such servant, for the damages sustained by him, for such refusal or neglect, as to them shall seem just: And for every day such servant shall absent himself from his said master's service, as aforesaid, to order and direct such servant to serve his said master or owner, two days for every day's absence, after his time, by indenture or former order of court, is expired; and that without any wages to be paid for such service.||Penalty on, for refusing to work.|
| CHAP. V.
An Act for reviving and continuing two Acts of Assembly therein mentioned.
|Repealed, c. 5, 1727, last section.|
|[From edit. 1733, p. 371.]|
|I. WHEREAS, the act of the general assembly now in force, doth not effectually prevent the bringing in tobacco from North Carolina: And whereas, since the making of the said act, great numbers of people have, contrary to the repeated orders of this government, seated themselves on the lands between Wiccons Creek, and the line run from the mouth of Nottoway River, to describe the boundaries in controversy between this colony and the said province; and are there encouraged and protected, under pretence of being|
See 4 Anne, chap. 5.
|under the government of North-Carolina, contrary to the agreement with that government, that the said tract should remain unseated until the bounds should be determined: Which persons so seated, as aforesaid, as well as those inhabiting within the province of North-Carolina, being under no regulation in the manner of making and packing their tobacco, do, notwithstanding, make and transport into this colony, for traffic and sale, great quantities of tobacco, deceitfully packed, and unfit for exportation, and yet pass the same as tobacco of the growth and manufacture of Virginia, to the great deceit of honest traders, and the depreciating the staple commodity of this country: For remedy whereof,|
|II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That whosoever shall bring into this colony, any hogshead, barrel, or other parcel of tobacco, from North Carolina, or from any place within that tract, commonly known by the name of the controverted bounds, by land or water; or whoever shall sell, buy, or receive, any such tobacco, knowing the same to be brought from thence, shall, for every such hogshead, barrel, or other parcel, so brought in, sold, bought, or received, forfeit and pay the sum of ten pounds, current money of Virginia: To be recovered, with costs of suit, in any court of record within this colony and dominion, by bill, plaint, or information: The one half of which penalty shall be to our sovereign lord the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other half to the informer.||Penalty for bringing, &c. tobacco from North Carolina.|
|III. And be it further enacted, by the authority aforesaid, That when, contrary to this act, or any other act of assembly, any tobacco shall be brought or imported into this colony, it shall be lawful for the sheriff, or the constable of such county where such tobacco shall be, to seize the same: And after such seizure, upon information thereof made to the court of the county, by the office making the seizure, the said court is hereby impowered and required to order such tobacco to be sold publicly; and the one half of the money accruing on such sale, after all charges deducted, shall be to our sovereign lord the king, for the uses aforesaid, and the other half to the officer making the seizure.|| How seized.|
May be sold.
|IV. Provided always, That from and after the determination and final settlement of the boundaries between this colony, and the province of North-Carolina, so much of this act as extends to tobacco made by the inhabitants of the controverted lands which then shall be found to lie within the limits of this colony, shall cease to determine, and be utterly void.||Proviso|
| CHAP. VII. |
An Act to prevent the setting of Hedges into Rivers and Creeks, and the falling of Trees therein.
|I. WHEREAS some doubts have arisen, concerning the laws already made, relating to the clearing of rivers and creeks, in this colony; and the said laws have been thought not to extend to any other rivers or creeks, but what are navigable: and whereas, many inhabitants of this colony, have at their great charge built several bridges over the said rivers and creeks, for the benefit and conveniency of travellers, which, by the falling of trees into the said rivers, and by means of hedges set cross the same, the course of the water hath been obstructed, and thereby the said bridges have been often times broken down and carried away, to the great prejudice of the said inhabitants:|
|II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all hedges already made cross any river or creek whatsoever, in this colony, shall be taken up and destroied by the person or persons who made or placed the same; and that, for the future, no hedge that shall in any wise obstruct the course or passage of the said rivers or creeks, or any of them, shall be placed or set therein; but that every person who shall not pull up and destroy any and every hedge already by him set up in any of the said rivers and creeks, or who shall hereafter presume to set any such hedge therein, shall forfeit and pay five hundred pounds of tobacco for every such offence, over and above the penalties already inflicted by law. And if, after conviction, the person or persons so offending, shall suffer the said hedges, or any of them, to continue, and not pull up and destroy the same, he or they so offending, shall, for every week they shall suffer the same to remain, forfeit and|| Hedges made across any river or creek to be destroyed.
None to be erected.
|pay five hundred pounds of tobacco, over and above the penalties already inflicted by law. All which forfeitures shall be to the use of the person or persons who shall inform or sue for the same: And may be recovered, with costs, in any court or courts of record within this colony and dominion, by bill, plaint, or information; wherein no essoin, protection, or wager of law, shall be allowed.||How appropriated.|
|III. And be it further enacted, That all and every person or persons, who shall at any time hereafter fall any tree or trees into any river or creek in this colony, and shall not cut and carry away the same within the space of forty eight hours after such falling, the person or persons so offending, shall forfeit and pay the sum of fifteen shillings current money, for every such tree so felled, and not cut and carried away: And shall and may be recovered before a justice of the peace of the county where such offence shall be committed; and shall be to the use of the informer.||Penalty for felling trees, &c. into river or creeks.|
|IV. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to restrain any person, having land on both sides of a creek, to the head thereof, and no public landing thereon, to set hedges cross the same, and to use and occupy the same, in such manner, as he or she might have done, before the making of this act, without being liable to any penalty for so doing; any thing in this act to the contrary, or seeming to the contrary, notwithstanding.||Proviso.|
| CHAP. VIII. |
An Act for settling new Ferries, over Rappahanock, Northanna, and Appamatock Rivers.
|I. WHEREAS, by reason of the increase of settlements, the Ferries already established by law are not sufficient to answer the ends thereby intended.|
|II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That Ferries be constantly kept at the places hereafter named; and that the rates for passing the said Ferries, be as follow: that is to say,||New ferries established.|
|On Rappahanock River.|
|From Mrs. Jael Johnson's in Spotsylvania county, to Thomas Harwood's in King George county, the price for a man, half a bit, and for a horse the same.|
|From John Taliaferro's plantation of the Mount, in the county of Essex, in the occupation of Anthony Seale, over the said river, to the land of Joseph Berry, in King George county, in the occupation of Anthony Seale, junior, the price for a man, half a bit, and for a horse the same.||Rates of ferriages.|
|From the land of William Pulliam, in Hanover county, over Northanna river, to John Holliday's in King William county, the price for a man, three pence, and for a horse, three pence.|
|And, from Archer's Point, in Henrico county, over Appamatock river, to the county of Prince George, the price for a man, two pence, and for a horse, two pence.|
|III. And be it further enacted, by the authority aforesaid, That the licences for keeping the said ferries, shall be obtained after such manner, and the keepers thereof be under such regulations, advantages, and restrictions, as are mentioned, prescribed, and comprised, in and by one act of Assembly, made in the fourth year of our late sovereign lady queen Anne, intituled, An act for the regulation and settlement of ferries; and for the dispatch of public expresses.||Licences, how obtained.|
|IV. And, for the encouragement of the keepers of the said ferries, to provide convenient boats, for the transportation of coaches, carts, and waggons,|
|V. Be it enacted, by the authority aforesaid, That were ferries are hereby established, it shall and may be lawful, to and for the courts of the counties wherein the said ferries are kept, at any time, when they shall find it necessary, for the conveniency of travellers, and transportation of goods and merchandise, to direct and appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons, and other wheel carriages. And when such boats shall be provided and kept,||Wheel-carriages, rates of.|
|VI. Be it further enacted, That it shall and may be lawful, for the keeper or keepers of the said ferries, to demand and take, for the ferriage and transportation of such wheel carriages, after the rates following, that is to say: For every coach, chariot, or chaise, with four wheels, or waggon, the same rates as for the ferriage of six horses: And for every two wheel chaise, or cart, the same rate as for the ferriage of four horsed, and no more.|
An Act for raising a Public Levy.
An Act for erecting a Courthouse in Spotsylvania County.
An Act for dividing the Parish of Saint Paul, in Hanover County.
An Act to prevent Swine running at large within the Limits of the Town of Gloucester.
|Pages 143-167||Pages 182-204|