|Pages 447-468||Pages 487-507|
| AT A
SUMMONED TO BE HELD AT
|Wm. Gooch, esq. governor.|
|I. WHEREAS, by an act of the general assembly, made at a session held in the fifth and sixth years of his majesty's reign, a duty or custom of three pence, was laid upon every gallon of rum, brandy, and other distilled spirits, and wine, imported or brought into this colony, from any port or place whatsoever, except from Great Britain, to be paid by the owner or importer thereof: And by a former act made at a session of the general assembly, held in the twelfth year of the reign of the late king George the first, one other duty of one penny, was laid upon every gallon of the said liquors, imported as aforesaid, to be paid by the owner or importer thereof, for and during the term of twenty one years; which said duty of three pence, was appropriated to such use or uses, as the general assembly should think fit to direct, for lessening|| |
Recital of former acts.
|the levy by the poll, or defraying any public expence; and the said other duty of one penny, by an act made at the last session of the general assembly, was appropriated to the use and support of the college of William and Mary, in Virginia.|
|II. And whereas, of late, great quantities of the same liquors are brought and imported into this colony, by land, from several of the king's other plantations in America, and are sold upon the frontiers of this colony, at very extravagant rates, by the owners thereof, without paying any duty: Be it therefore 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 passing of this act, the same duty of three pence, and one penny upon every gallon of the said liquors, which shall be imported and brought into this colony and dominion, from any other plantation, by land, shall be paid, or secured to be paid, by the owner or importer thereof, during the continuance of the said other duties respectively, and shall be and are hereby appropriated respectively to the same uses; and the owners or importers of such liquors, shall enter the same, within six days after importation, with the collector, appointed by virtue of this act; and give a true account of the quantities thereof, upon oath, to such collector, (who shall give a permit, under his hand for selling the same,) upon pain of forfeiting such liquors; to be recovered or seised by any collector of the said duties, or any other person whatsoever: And if any controversy shall arise, touching the importation or property of the said liquors, the onus probandi shall lie upon the owners or importers thereof.|| Duties payable on liquors, imported by land. |
Entry, when to be made.
|III. And be it further enacted, by the authority aforesaid That the governor, or commander in chief of this colony, for the time being, with the advice of the council, be and is hereby impowered, from time to time, to nominate and appoint such and so many collectors of the said duties, with such salaries, not exceeding six pounds in the hundred for collecting the same, as to him shall seem best; which collectors shall account for such duties by them received, and pay the same, from time to time, to the present treasurer, or the treasurer for the time being, who shall account for the same, as for other duties: And it shall and may be lawful for every collector of the said duties, to enter into any|| Collectors appointed. |
Their duty & authority.
|house in the day time, or, if occasion be, by warrant under the hand of a justice of peace, in company with a constable, to break open in the day time any house, to search for, seise, and carry away any such liquors, for which the said duty shall not have been paid, or secured to be paid. And if any such collector, or constable shall be sued for any thing done in execution of this act, such collector or constable may plead the general issue, and give this act, and the special matter in evidence; and if, in any such suit, the plaintiff shall be nonsuit, or judgment pass against him, the defendant or defendants shall recover double costs.|
|IV. And be it further enacted, That the forfeitures incurred, by virtue of this act, shall be divided into three parts: one third whereof shall be to our sovereign lord the king, his heirs and successors, for and successors, for and towards the better support of this government, and the contingent charges thereof; one other third to the governor or commander in chief of this colony, for the time being, for his own use and behoof; and the other third to him who shall seise, or sue for the same: To be recovered, with costs, by action of debt, or information, in any court of record, within this dominion.||Forfeitures appropriated.|
|V. Provided always, That the same allowance for leakage, and paiment of duties, in imported money, shall be made to the owner or importer of liquors imported by land, as by the said former acts, are allowed.||Allowance for leakage, and money imported.|
|VI. And whereas, by one other act of the general assembly, made at a session held in the said fifth and sixth years of his said present majesty's reign, For laying a duty upon Slaves, to be paid by the buyers, a duty of five per cent. ad valorem, was laid upon all slaves imported or brought into this colony, for sale, either by land or water, to be paid by the buyers, within forty days after the purchase, for such as should be then living: But by experience it is found, that the number of collectors, who have been appointed to collect the same, hath given occasion to vast frauds; so that hardly one half of the said duties hath been paid into the treasury:|
|VII. Be it therefore enacted, by the authority aforesaid, That from henceforth, the buyer of any slave or slaves, imported or brought into this colony, as aforesaid, shall pay the said duty down, or secure the same to be paid, within forty days after such purchase, to||Duty on slaves, how secured.|
|the collector: And if such slave or slaves, for which the duty has been paid, shall happen to die within forty days, limited in the said former act; upon oath thereof made before any justice of the peace, such buyer shall draw back the whole duty, and the collectors thereof are hereby required to repay the same.||Slaves dying duty remitted.|
|VIII. And for the better collection of the said duty, Be it further enacted, by the authority aforesaid, That one collector only, for every district, within this colony, shall be appointed for collecting and receiving the said duties; and every buyer failing to pay the same, or secure the same to be paid, shall be liable to the penalties inflicted by the said former act.||Number of collectors.|
|IX. And to the end, the said buyers of slaves, chargeable with the duties, may be more speedily known, Be it enacted, by the authority aforesaid, That all and every person and persons to whom any slaves shall be consigned, for sale, within two months after the arrival of the ship importing the same, deliver to the collector of the duties on slaves, in the district where the same shall be imported, a true manifest or account of all the slaves by him sold, the name and place of abode of every person buying the same, the respective prices at which each slave was sold, and how many of the said slaves, if any, remain then unsold: And if any slave or slaves shall remain unsold, after the expiration of the said two months; in that case, the like manifest or account shall be transmitted t the collector, within twenty days after the remaining slaves shall be all sold; and shall, on the last mentioned manifest make oath before some justice of the peace: Which oath the said justice is hereby impowered and required to administer: That the manifests by him delivered or transmitted to the collector, do contain a true account of all the slaves sold by him or them out of such ship, including as well the slaves allowed to the masters and officers as privileged slaves, if he sold the same, as those properly belonging to the owners of such ship, or vessel: And every master of a ship or vessel importing slaves, shall, before his clearing, deliver the like manifest, upon oath, of all the priviledged slaves imported, to whom sold, and at what price; and the collector shall within ten days next after the said respective manifests are returned to him, deliver to the treasurer of the said duty, for the time being, a true account of all the persons who have purchased|
|slaves, and have not (within the said forty days after such purchase) satisfied and paid the duties paiable for the same; and so from time to time, after the expiration of the said forty days; and such return duly made, shall entitle the collector to his salary for the duty, out of the forfeitures, or any former paiment, when the same shall be recovered, in the manner herein after mentioned.|
|X. And for the better recovery of the duties aforesaid, which have heretofore or hereafter shall become due and paiable, it shall and may be lawful for the treasurer of the said duty, for the time being, to commence and prosecute any action or information, qui tam, in the general court, for recovery of any penalty inflicted by the said former act, altho' the same shall not amount to ten pounds sterling; and no act or time of limitation shall be pleaded, or judged to be a bar to any such action.||Duties, how recovered.|
|XI. And whereas, divers persons to whom slaves imported have been consigned, as well as the importers of slaves, taking advantage of certain words in the said former act, have taken and chosen for themselves certain slaves, and have returned the same in their accounts of sales to the collectors of the said duties, as kept for their own use, and therefore have refused to pay the duty for the same, when the said act, or any thing therein contained is not capable of any such construction: Therefore, for the recovery of such duties as have heretofore been defrauded by the said pretences, and for preventing the like abuses for the future,||Factors, when liable for duties.|
|XII. Be it further enacted, That all and every person and persons who heretofore have withheld the said duties upon such pretences, as aforesaid, and shall not pay the same to some collector thereof, within two months after the passing of this act, shall forfeit and pay the penalties in the said former act inflicted; and all and every person and persons hereafter failing to pay the said duties, upon the like pretences, shall be also liable to the same penalties: To be recovered, as in this act is directed.|
|XIII. Provided always, That it shall and may be lawful for the treasurer to compound the said penalties, with any person failing to pay the said duty, either before or after an action brought.||Treasurer may compound.|
|XIV. And be it further enacted, by the authority aforesaid, That all Madeira wine imported by his majesty's lieutenant governor, or the governor, or commander in chief of this colony, for the time being, not exceeding ten pipes in one year, for his own use, be and are hereby exempted from the paiment of the duties imposed upon wine imported.||Madeira wine imported by governor, exempt.|
|XV. And whereas, divers persons importing liquors into this colony, and giving bond for the paiment thereof, at the end of six months, have, notwithstanding, delaied such paiment for a long time after the said six months, and the collectors have been obliged to bring suits for recovery of the duties bonded: For prevention of which delays for the future, Be it enacted, by the authority aforesaid, That where any person hath, or shall hereafter become bound for the paiment of the said duties on liquors, and have not, or shall not pay the same, whether such bond be made to the king, or the collector of the said duties, it shall and may be lawful to and for the collector to sue, out of the general court, or the court of the county wherein such person, or his securities reside respectively, one or more writ or writs of scire facias, in the name of the king, his heirs and successors, returnable to the said court, against the person or persons chargeable with the said duties, and his or their securities, to shew cause, why execution should not issue against him, them, or either of them, for the duties so unpaid; and thereupon, to obtain and sue out execution accordingly.||Duties on liquors, how recovered.|
|XVI. And whereas it appears, that some collectors of the duties upon liquors and slaves, do sometimes delay to account with the treasurer half-yearly, for the duties by them received, whereby losses may be occasioned to that revenue, Be it further enacted, That such collectors be and are hereby required to account with the treasurer every half year; (to wit,) on the twenty fifth day of April, and the twenty fifth day of October, every year, or within fifteen days afterwards, upon pain of forfeiting one half of their commissions; to be deducted out of their accounts, by the treasurer; and to be by him carried to the credit of the public treasury.||Penalty on collectors failing to account.|
|I. WHEREAS, divers frauds have of late been practised, to create and multiply votes, in elections of members to serve in the general assembly, by making leases of small and inconsiderable parcels of land, upon feigned considerations, and by sub-dividing lots of ground in towns, in prejudice of the rights of the true freeholders, and contrary to the true intent and meaning of the laws in that behalf:|| |
|II. Be it therefore enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That no person or persons whatsoever, shall hereafter have a right to vote at any election of members to serve in the general assembly, for any county, who hath not an estate of freehold, or other greater estate, in one hundred acres of land, at least, if no settlement be made upon it; or twenty five acres with a house and plantation, in his possession, or in the possession of his tenant or tenants, for term of years, in the same county where he gives such vote: But if any person or persons shall have such estate in one hundred acres of land, uninhabited, or upwards, lying in two or more counties, such persons shall have a right only to vote in that county wherein the greater quantity of the said land lies, although the same shall not amount to one hundred acres in either county.||Qualification of voters.|
|III. And be it further enacted, That all estates and conveiances whatsoever, heretofore or hereafter to be made to any person or persons, in any fraudulent or collusive manner, on purpose to qualify him or them to give his or their vote or votes at such elections, shall be null and void, to all intents and purposes whatsoever: And that every person who shall make and execute such conveiance or conveiances hereafter, or being privy to such purpose, shall devise and prepare the same; and every person who, by colour thereof, shall give any vote at any election of a member, to serve in the general|| Conveyances, to qualify voters void. |
|assembly, for a county, shall, for every such conveiance so made, or vote so created or given, forfeit the sum of forty pounds, to any person who shall sue for the same: To be recovered, with costs, by action of debt, or information, in any court of record in this colony.|
|IV. And be it further enacted, by the authority aforesaid, That from henceforth, no person shall vote for the electing any burgess, in respect or in right of any lands or tenements, whereof he has not been in possession for one whole year, next before the teste of the writ, for such election; unless such lands or tenements came to such person within that time, by descent, marriage, marriage-settlement, or devise.||What residence necessary.|
|V. Provided always, That nothing in this act contained, shall be construed to hinder any person to vote at such elections, in respect or in right of any houses, lands, or tenements, lying and being in any city or town, laid out and established by act of assembly, so as such person be a freeholder, in any house or lot, or a house, and part of a lot; but where the interest in any such house and lot, or house and part of a lot, is or shall be divided among several persons, no more than one single voice shall be admitted for one and the same house or lot.||Freeholders in towns, may vote.|
|VI. Provided also, That where lands are held by several joint-tenants, or tenants in common, no more than one single voice shall be admitted in respect or in right of such lands, unless the quantity be sufficient to allot to each joint-tenant, or tenant in common, one hundred acres, at least, if the same be uninhabited; or twenty five acres, with a house and plantation thereon, in the tenure and occupation of such joint-tenant, or tenant in common, or of their tenants.||Joint-tenants, or tenants in common.|
|VII. And whereas, by an act of the general assembly, made in the fourth year of the reign of the late queen Anne, entitled, An Act for regulating the election of Burgesses; for settling their privileges; and ascertaining their allowances, It is enacted, That every freeholder, before he is admitted to poll at any election, if it be required by the candidates, or any of them, or any other freeholder in their behalf, shall take the oath therein mentioned: Be it enacted, by the authority aforesaid, That the said act, as to so much only as concerns the said oath, shall be and is hereby repealed: And|| Part of former law repealed. |
|that upon every election hereafter to be made, of any burgess or burgesses for a county, to serve in the general assembly, every freeholder, before he is admitted to poll at the same election, shall, if required by the candidates, or any of them, or any persons appointed to manage the election for any absent candidate, first take the following oath; or if he be one of the people called Quakers, shall declare the effect of the same, upon his affirmation, viz.|
|YOU shall swear, That you are a freeholder in the county of and have at least one hundred acres of freehold lands unseated, lying and being in the parish of in the county of in your sole possession, or in the possession of your tenant or tenants, for years; or that you have one hundred acres of freehold lands unseated, lying and being in the counties of in your sole possession, or in the possession of your tenant or tenants, for years; and that the greatest part of the said land doth lie in the county of or that you are a freeholder and sole owner of twenty five acres of land, with a house and plantation upon it, lying and being in the county of in your sole possession, or in the possession of your tenant or tenants, for years; or that your are a freeholder and sole owner of a house or lot, or a house and part of a lot, in your own possession, or in the possession of your tenant or tenants, lying and being in the city or town of ; and that such freehold estate hath not been made or granted to you fraudulently, on purpose to qualify you to give your vote: and that you have not been polled before at this election.|| |
Oath of elector.
|Which oath, or affirmation, the sheriff, by himself, his under-sheriff, or such sworn clerk or clerks, as shall be by him appointed for taking of the poll, is hereby required to administer. And in case any freeholder, or other person, taking the said oath, or affirmation hereby appointed, shall thereby commit wilful and corrupt perjury, and be thereof convicted; or if any person do unlawfully and corruptly procure or suborn any freeholder, or other person, to take the said oath, or affirmation, in order to be polled, whereby he shall commit such wilful and corrupt perjury, and be thereof convicted,||Penalty, for perjury.|
|he and they, for every such offence, shall incur the like pains and penalties, as are in and by one act of parliament, made in the fifth year of the reign of the late queen Elizabeth, intituled, An Act for punishment of such persons as shall procure or commit any wilful perjury, enacted, against all such who shall commit wilful perjury, or suborn or procure any person to commit any unlawful or corrupt perjury, contrary to the said act.|
|VIII. And to the better to detect and punish any offenders against the act, Be it enacted, by the authority aforesaid, That in taking the poll, the sheriff, or his under-sheriff, and clerks, shall enter sworn, or affirmed, against the name of every such voter who shall take the oath, or affirmation hereby required: And that the said sheriff shall, within the space of twenty days next after such election, faithfully deliver upon oath, (which oath any justice of the peace is hereby enabled and required to administer,) unto the clerk of the same county court, attested copies of the original poll of such election, without any imbezzlement or alteration, to be recorded among the records of such county court.||Duty of sheriff, & clerk after taking the poll.|
|I. WHEREAS, by the act of the general assembly, made at the last session, For continuing and further amending the Act, for amending the Staple of Tobacco, and for preventing Frauds in his Majesty's Customs, the buying, selling, or receiving of any tobacco, before the same shall have been viewed and passed at some public warehouse, and inspectors notes delivered out for it, was prohibited, under a penalty which has been found an inconvenient restraint upon traders, and to have hindered the manufacturing of tobacco in the best manner:|| |
|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 the clause of the said act, containing the said prohibition,||Part of former act repealed.|
|and every thing relating to the same, be and is hereby repealed.|
|III. And for redressing divers complaints, in relation to certain warehouses, which were by the said act repealed; and concerning the want of room in divers other warehouses; and in relation to the rents by the said act established, Be it further enacted, That the clause, repealing the warehouse at Shoccoe's, in the county of Henrico, and establishing one other in its stead, at Wilkinson's, in the same county; and the warehouse at Warwicksqueak, in the county of Isle of Wight; and the warehouse at Munford's, in the county of Prince George, so far as concerns those three warehouses only, be and is hereby repealed: And from and after the ninth day of November next, the said warehouses at Shoccoe's, Warwicksqueak, and Munford's, be revived and continued: And that the rent of forty pounds per annum, be paid by the inspectors, for the said warehouse at Shoccoe's, to commence from the tenth day of November, one thousand seven hundred and thirty five; and the rent of ten pounds per annum to be paid by the inspectors, for the warehouse at Warwicksqueak, and the warehouse at Munford's: and that the inspectors salary at Shoccoe's, be forty pounds; and at Warwicksqueak, and Munford's, thirty pounds per annum, to each inspector. And that public warehouses be erected at the places, and for the rents herein after mentioned; that is to say, on captain Barber's land, opposite to Totaskey warehouse, to be under the same inspection, at the rent of five pounds per annum; on Piscataway creek, on Philip Jones's plantation, to be under the same inspection as Bowler's, at five pounds per annum; on the lower side of Occoquan, on the land of Valentine Peyton, to be under the same inspection as the warehouse already established, at five pounds per annum; and on the north side of Wiccocomico, upon the land of Charles Fallin, to be under the same inspection as the warehouse already established, on the south side the said river, at five pounds per annum: Which said warehouses shall be built by the owners of the land where the same are appointed; and if they refuse, the justices of the several counties are hereby required to order the same to be built, and to levy the expence thereof upon the tithables in their respective counties, and to receive the said rent for the use of the county.|| Certain warehouses revived. |
Rents and salaries.
New warehouses established.
|III. And be it further enacted, That when there shall not be sufficient room in any of the public warehouses heretofore, or hereby established, for the receiving and securing of tobacco; or any prizes, wharfs, or repairs, shall at any time be wanting, if, upon the application of the inspectors to their county courts, for building and making other necessary houses, wharfs, and repairs, such county courts shall refuse or fail to do their duty therein; every justice so refusing or failing, shall forfeit and pay one thousand pounds of tobacco; one moiety whereof shall go to the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other moiety to the informer: To be recovered in the general court, with costs, by action of debt, or information, against such justices, jointly.||Penalty on justices neglecting their duty.|
|IV. And be it further enacted, That it shall and may be lawful for the inhabitants of Fleet's bay, and on the south side of Indian Creek, in the county of Lancaster, to carry their tobacco by water to the public warehouse at Indian Creek; and for the inhabitants of Warwicksqueak bay, and the parts adjacent, to carry their tobacco by water, to be passed at any warehouse in the upper district of James river: And that the notes of Lawrence's warehouse, in the county of Nansemond, shall pass in paiments of quit-rents, levies, and officers fees, in the county of Brunswick: And that the notes of Hampton warehouse, in the county of Elizabeth city, shall pass in like paiments, in the county of Warwick: And that the allowance to the inhabitants of the county of Amelia, for paying quit-rents, levies, and officers fees, in inspectors notes, be settled at thirty per cent. any thing in the said former act to the contrary, notwithstanding.||Regulations as to inspections, and passing notes in certain counties.|
|V. And be it further enacted, That the additions to the several rents of the public warehouses hereafter mentioned, be made and paid by the inspectors, yearly, to the owners thereof respectively, to commence from the tenth day of November, one thousand seven hundred and thirty five; that is to say, an addition of five pounds to the rent of Gibson's warehouse; an addition of six pounds to the rent of Nominy warehouse; an addition of seven pounds to the rent of Cabbin Point, warehouse; an addition of fourteen pounds to the rent of Falmouth warehouse; an addition of three pounds||Rents of warehouses raised.|
|ten shillings to the rent of Indian creek warehouse; an addition of three pounds per annum to the rent of Quarles's warehouse; an addition of six pounds per annum to the rent of Aylett's warehouse; and the addition of two pounds ten shillings to the rent of Mantapike warehouse: And that an addition of ten pounds per annum, to commence from the ninth day of November next, be made to the rent of Page's warehouse, in Hanover county.|
|VII. And whereas sundry inspectors, notwithstanding the method prescribed by the said former law, for hearing and determining complaints against them, do still continue negligent of their duty, in not attending to receive, inspect, and deliver out tobacco; often neglecting to take due care of it, after it is brought to their warehouses: Be it therefore further enacted, That it shall and may be lawful for the party grieved, to prosecute his or her action upon the case, and recover all such damages, which he or she shall have sustained, by occasion of any failure of duty or negligence of any inspector, together with his full costs.||Inspectors, when liable to action.|
|VIII. And for preventing the frauds practised by some inspectors, in selling small parcels of transfer tobacco, at low prices, and reserving the rest in their hands, for their own use, to be paid for to the owner, at the same price: Be it further enacted, That all inspectors, at their county court in September, shall lay before the court an account, upon oath, of all the transfer tobacco remaining at that time in their hands, before the same shall be exposed to sale; and if there shall happen to be no court in that month, then such inspectors shall make oath to their account before some justice of the peace of the quorum, of that county, and deliver the same to him, to be returned to the next county court.||To lay before the court an account of tobacco at Sep. court.|
|IX. And whereas, divers inspectors have busied themselves in the election of burgesses, and used the power of their offices, in influencing such elections, as well for procuring themselves, as others, to be elected, to the hinderance of the freedom of voting: Be it further enacted, That no person who, after the tenth day of November next, shall hold the office of an inspector of tobacco, shall during the continuance of the act, For amending the staple of tobacco; and for preventing frauds in his majesty's custom, be elected to serve||Inspectors ineligible as burgesses.|
|as a burgess, or be capable of sitting as a member of the house of burgesses in the general assembly: And that no such inspector, during the time of his being such, shall in any manner intermeddle or concern himself with any such election, or ask any freeholder who he will vote for, or be present at any such election; under the penalty of forfeiting ten pounds: To be recovered, by action of debt, or information, in any court of record within this colony; one moiety of which shall be to the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will sue or inform for the same.|
|I. WHEREAS, the taking apprentices, and bringing them up, and instructing them to be skilful in the trades, arts, misteries, or occupations, to which they are bound, will be very beneficial to such apprentices, and increase the numbers of artificers in this colony: 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 every person who, at any time or times hereafter, shall be bound by indenture, to serve as an apprentice in any trade, art, mistery, or occupation, with the consent and approbation of any court of record within this colony, although such person shall be within the age of twenty one years, at the time of the making his indenture, shall be obliged to serve the full time in such indenture contained, as amply and largely to every intent, as if the said apprentice were of full age at the time of making the same; any law, usage, or custom, to the contrary, notwithstanding.|| |
Apprentices how long to serve.
|I. WHEREAS, the act of assembly, made in the eighth year of the reign of his present Majesty, intituled, An Act for the better direction of officers in the sale of goods, or other things taken in execution, or distrained for rent, has, in some respects, answered the purposes for which it was intended, in preventing some hardships and losses to poor unfortunate debtors: But as the same hath been construed, hath given too great delays to creditors, in the recovery of their just debts, by obliging them to bring new suits upon the bonds given by the debtors, and their securities, in case of non-paiment; and giving the principal debtor, and his securities, liberty to discharge any new execution, by entring into bonds again, with securities, and so ad infinitum: And sheriffs, and other collectors of levies, and officers fees, may take advantage of the said act, for any debt due to a public or county creditor, or for secretary's, county court clerks, surveiors, and other officers fees, by them received: For remedy whereof,|| |
|II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That from and henceforth where any execution shall be served, or distress made for money or tobacco, upon the goods or other estate of the debtor or tenant, if such debtor or tenant shall, within five days, tender sufficient sureties, to be approved by the creditor or landlord, to be bound with him, to pay such sum of money or tobacco, and all costs, with lawful interest for the same, at the end of three months; then such sheriff or officer shall restore to the party, the goods or other estate, so taken or distrained: And where no such security shall be offered, and the goods or other things taken or distrained, cannot be sold at three fourths of the value, at the least, in the opinion of the sheriff, or other officer, it shall and may be lawful to set up and sell the same for money; or for tobacco, if the judgment or rent be paiable in tobacco,|| Executions and distresses, how levied. |
Goods may be sold on credit.
|to be paid at the end of three months; and shall take bond of the buyer or buyers, with one or more sufficient sureties, to pay the same accordingly, with interest, to such creditor or landlord.|
|III. And be it further enacted, by the authority aforesaid, That all and every bond and bonds taken, in pursuance of this act, shall mention, that such bond or bonds was or were entered into, for goods taken in execution, or distrained and sold to such obligor; and shall, within ten days after the taking thereof, be returned, by the sheriff, or other officer, taking the same, to the office of the clerk of the county where the execution shall be served, or the distress made, there to be safely kept; which bonds so lodged, shall have the force of judgments: And if the money or tobacco shall not be paid, according to the condition of any such bond, it shall and may be lawful, and full power and authority is hereby given to the justices of the court of the said county where such bond shall be lodged, upon motion of the person to whom the same is paiable, to award execution thereupon, with costs; provided such obligors have ten days notice of such motion: And upon such execution, the sheriff, or other officer, shall not take any sureties for paiment of the money or tobacco at a further day; but shall levy the same immediately. And for the better direction of the sheriff, or other officer, the clerk shall endorse, upon the back of every such execution, that no security is to be taken.|| Bonds, how taken, and returned. |
To have force of judgments.
|IV. And be it further enacted, by the authority aforesaid, That this act shall not extend, or be construed, deemed, or taken to extend, to any execution upon any judgment obtained against a sheriff, or other collector of levies or officers fees, for any debt due to any public or county creditor, or for any secretary's, county court clerks, surveiors, other officers fees, put into the hands of such sheriff or collector to receive; but that such executions shall and may be served, and proceeded upon, in the same manner, as they might have been, if this act had never been made; any thing in this act to the contrary, or seeming to the contrary, in any wise, notwithstanding.||Exceptions.|
|V. And be it further enacted, by the authority aforesaid, That no execution shall be levied, nor distress made for tobacco, between the last day of August, and the last day of December, in any year: And that where||Executions for tobacco.|
|any execution shall hereafter be served for any debt or damages, and costs, the plaintiff shall allow the defendant the same deduction, as to the tobacco costs, as he is allowed, upon the paiment of the secretary's and clerk's fees; and so, where the defendant recovers, he shall make the same allowance.|
|VI. And for the better securing the paiment of rents, and preventing the frauds of tenants, Be it enacted, by the authority aforesaid, That where any landlord shall have sufficient grounds to suspect that his tenant will remove, with his effects, out of the county, before the expiration of his term, so as no distress for the said rent can be made, it shall and may be lawful for such landlord to go before any justice of the peace of the county where the lands leased do lie, and make oath, what rent the tenant is to pay, and at what time the same will be due; and that he has reason to suspect, and verily believes, such tenant will remove his or her effects, before the time of paiment; and thereupon, such justice of the peace is impowered and required to issue an attachment against the goods and chattels of such tenant, returnable to the next county court: And if the tenant shall not, at the time of serving such attachment, give bond with one or more sufficient sureties, or at the next court enter into recognizance, with like sureties, for the paiment of the said rent, at the time it shall become due; then it shall and may be lawful for the said county court, and they are hereby required to order the said attached goods to be sold by the sheriff, for money or tobacco, according to the reservation of the said rent, to be paid at the time the said rent shall become due, the purchasers giving good security for the said paiments; and to assign the bonds taken for the same, to such landlord; and the overplus of the said goods, if any be, after deducting the costs and charges of the said attachment and sale, to return to the said tenant.||Attachments against tenants removing.|
|VII. And be it further enacted, by the authority aforesaid, That the afore-mentioned act, made in the eighth year of his present majesty's reign, intituled, An Act for better directing of Officers in the Sale of Goods, and other things taken in Execution, or distrained for rent: And one clause of the act, made in the third year of his said majesty's reign, intituled, An Act to enable the Sale of Goods distrained for Rent; and to||Part of former laws repealed.|
|secure such Goods to the person distraining the same, for the better security of Rents; and to prevent Frauds committed by Tenants, for appraising Goods distrained for Rent, be and are hereby repealed, and made void.|
|I. WHEREAS complaints have been made, that the method prescribed by law, for recovering small debts, hath given opportunities to some debtors to remove their effects out of the colony, before any judgment and execution can be obtained against them, and thereby to defraud their creditors of such debts: For preventing whereof for the future,|| |
|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 it shall and may be lawful for any creditor, where his debt doth not exceed five pounds, or one thousand pounds of tobacco, to go before any justise of the peace of the county where his debtor resides, and make oath, how much is justly due to him, and that he has grounds to suspect, and verily believes that such debtor intends to remove his effects; and thereupon, such justice shall issue an attachment against the estate of such debtor, returnable to his next county court, directed to all sherifs and constables within the colony of Virginia; and by virtue thereof, it shall and may be lawful, as well for the sheriff, or any constable of the county where such attachment shall be obtained, as for the sheriff, or any constable of other counties, to pursue and seise such effects, and to make return of such attachment to the court where the same shall be returnable: And thereupon, such proceedings shall be had without a petition, as in other cases of attachment.|| |
Attachments against absconding debtors.
|III. And be it further enacted, by the authority aforesaid, That upon all petitions for recovery of small debts, if the defendant resides in another county than where the debt was contracted; or if the creditor or plaintiff||When Lawyer's fee may be taxed.|
|shall be unable to attend the court in person; in either case, if a lawyer shall be emploied, the clerk shall tax, in the bill of costs, the sum of seven shillings and six pence, for a lawyer's fee, and no more.|
|Pages 447-468||Pages 487-507|