|Pages 541-558||Pages 569-582|
| FORM OF GIVING |
AN ACT OF ASSEMBLY,
PASSED UNDER THE COLONIAL GOVERNMENT
[From a book in the office of the General Court, labelled
Proclam. Book 1748, p. 2.]
| AT THE COURT AT ST. JAMES'S,
The 20th day of March, 1745.
|Form of giving the royal assent to an act of Assembly.|
|WHEREAS by Commission under the Seal of Great Britain, The Governor, Council and Assembly, of his Majesty's province of Virginia, are authorized and impowered to make, constitute, and ordain Laws, Statutes, and Ordinances, for the Public Peace, Welfare, and good government of the said Province; which Laws Statutes and Ordinances are to be as near as conveniently may be, agreeable to the Laws and Statutes of this Kingdom, and to be transmitted for his|
|Majesty's royal approbation or disallowance. AND WHEREAS in pursuance of the said powers an Act was passed in the said province in 1744, which hath been transmitted in the words following, viz.||Form of giving the royal assent to an act of Assembly.|
|An Act for the relief of certain Creditors.|
|WHEREAS great difficulties have arisen in recovery of debts due to the inhabitants of this colony, from persons residing in other parts of his majesty's dominions, or who have removed themselves into foreign parts, having effects here sufficient for the satisfying and paying such debts, for remedy whereof, 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 if in any suit which hath been or hereafter shall be commenced for Relief in Equity in the General Court of this Colony any Defendant or Defendants against whom any subpœna or other Process shall issue shall not cause his or her appearance to be entered upon such Process within such time and in such manner as according to the Rules of the Court the same ought to have been entered in case such Process had been duly served and an affidavit or affidavits shall be made to the satisfaction of such Court that such defendant or defendants is or are beyond the seas or that upon enquiry at his, her or their usual place of abode he, she or they could not be found so as to be served with such process then and in such cases the Court may not only make an order or orders to restrain and enjoyn any person or persons in this colony having any effects belonging to the defendant or defendants in their hands or in any other manner Debtors to the Defendant or Defendants from paying, conveying away or secreting such Debts or effects until the further order or decree of the said Court But also may (if to the same Court it may seem necessary) order such Effects to be delivered to the Plaintif or Plaintifs subject to the future order and Decree of the said Court, upon such plaintif or plaintifs giving such security as to the said Court shall seem proper for the return of the said effects in such manner and to such Persons as the said Court shall adjudge and the said Court also shall and may, make an order directing and appointing such Defendant or Defendants to appear at a certain day therein|
|to be named of the next succeeding Court and a copy of such order shall within fifteen days after such order made be inserted in the Virginia Gazette for two months successively and published on some Lords day immediately after divine service in such Parish Church or Churches as the said Court shall appoint and direct and also in every case a copy of such order shall within the time aforesaid be posted up at the front door of the Capitol in the City of Williamsburg and if the Defendant or Defendants do not appear within the time limited by such order or within such further time as the Court shall appoint then on proof made of such publication of such order as aforesaid the Court being satisfied of the truth thereof may order the Facts of the Plaintifs Bill to be taken pro confesso. But if the matter or cause of such suit or suits be for the adjustment and settlement of any account or accounts and for satisfaction of what Ballances may appear due thereon, then and in such cases the Court may either by assigning and appointment of Auditors or in any other manner proceed to the stating and settlement of such account or accounts and make such order and decree thereupon as shall be thought just and may thereupon issue Process to compell the performance of such decree either by imediate Sequestration of the Real and Personal Estate and Effects of the Defendant or Defendants if any such can be found or such part thereof as may be sufficient to satisfie the demand of the plaintif or plaintifs in the said suit or by causing possession of the Estate or effects demanded by the Bill to be delivered to the plaintif or plaintifs or by continuing the Effects if any so ordered to be delivered on the return of the Subpœna as aforesaid or such part thereof as may be sufficient to satisfie the Plaintif or Plaintifs Demand and Costs of Suit in the hands of the Plaintif or Plaintifs or give such further relief or remedy as the nature of the case shall require and the said Court may likewise order such Plaintif or Plaintifs to be paid and satisfied his her or their Demands out of the Estate or Effects so Sequestred according to the true intent and meaning of such decree such Plaintif or Plaintifs first giving sufficient security in such sum as the Court shall think proper to abide such order touching the restitution of such Estate||Form of giving the royal assent to an act of Assembly.|
|or Effects as the Court shall think proper to make concerning the same upon the Defendant or Defendants appearance to defend such suit and paying such costs to the Plaintif or Plaintifs as the Court shall order. But in case such Plaintif or Plaintifs shall refuse or neglect to give such security as aforesaid then the said Court shall order the Estate or Effects so sequestred or whereof possession shall be decreed to be delivered to remain under the direction of the court either by appointing a receiver thereof or otherwise as to such court shall seem meet until the appearance of the Defendant or Defendants to defend such Suit and his or their paying such Costs to the Plaintif or Plaintifs as the Court shall think reasonable, or until such order shall be made therein as the court shall think just. A D it is hereby further enacted by the authority aforesaid that from and after the passing of this Act if any defendant or defendants by virtue of any writ of Habeas Corpus or other Process issuing out of the said Court shall be brought into court and shall refuse or neglect to enter his her or their appearance according to the Rules and Methods required by the said Court to act on his, her or their behalf respectively such Court may appoint an Attorney of such Court to enter an appearance for such Defendant or Defendants respectively and such proceedings may thereupon be had in the Cause as if the party had actually appeared. PROVIDED always that if the person against whom any Decree shall be made upon refusal or neglect to enter his her or their appearance or appoint an Attorney to act on his her or their behalf shall be in Custody or forthcoming so that he she or they may be served with a Copy of such decree then he she or they shall be served with a Copy thereof before any Process shall be taken out to compell the performance thereof. PROVIDED also that if any decree shall be made in pursuance of this Act against any person or persons being out of this Colony or absconding as aforesaid at the time such Decree is pronounced and such person or persons shall within seven years after the making such decree return or become publickly Visible then and in such case he she or they shall likewise be served with a Copy of such Decree within a reasonable time after his her or their Return or Public appearance shall be known to the Plaintif or Plaintifs, and in case any Defendant against||Form of giving the royal assent to an act of Assembly.|
|whom such Decree shall be made shall within seven years after the making such Decree happen to die before his or her return into this Colony or appearing openly as aforesaid or shall within the time last before mentioned die in Custody before his or her being served with a Copy of such Decree then his or her Heir if such Defendant shall have any real Estate sequestred or whereof possession shall have been delivered to the Plaintif or Plaintifs and such Heir may be found or if such Heir shall be a Feme Covert Infant or Non Compos Mentis the Husband, Guardian or Committee of such Heir respectively or if the personal Estate of such Defendant be sequestred or possession thereof delivered to the Plaintif or Plaintifs, then his or her Executor or Administrator if any such there by may and shall be served with a Copy of such Decree within a reasonable time after it shall be known to the Plaintif or Plaintifs that the Defendant is dead and who is his or her Heir Executor and Administrator or where he she or they respectively may be served therewith. PROVIDED always that if any Person or persons so served with a Copy of such Decree shall not within twelve months after such service appear and Petition to have the said cause reheard such decree so made as aforesaid shall stand absolutely confirmed against the person and persons so served with a Copy thereof his her and their respective Heirs Executors and Administrators and all persons claiming by from or under him her them or any of them by Virtue of any Act done or to be done subsequent to the commencement of such suit PROVIDED nevertheless that if any Person so served with a Copy of such Decree shall within twelve months after such service or if any Person not being so served shall within seven years next after the making such Decree appear in Court and petition to be heard with respect to the matter of such Decree and shall pay down or give security for payment of such Costs as the Court shall think reasonable in that behalf the Person or Persons so petitioning his her or their respective representatives or any Person or Persons claiming under him her or them respectively by Virtue of any act done before the commencement of the Suit may be admitted to answer the Bill exhibited and issue may be joined and Witnesses on both sides examined and such other proceedings||Form of giving the royal assent to an act of Assembly.|
|Decree and Execution may be had thereon as there might have been in case the said Party had originally appeared and the proceedings had then been newly begun or as if no former Decree or proceedings had been in the same cause PROVIDED nevertheless And be it ENACTED by the Authority aforesaid that if any Person or Persons against whom such decree shall be made his her or their Heirs Executors or Administrators shall not within seven years next after the making of such Decree appear and Petition and have the Case reheard and pay down or give security for payment of such Costs as the Court shall think reasonable in that behalf such Decree made as aforesaid shall stand absolutely confirmed against the Person and persons against whom such Decree shall be made his her and their Heirs Executors and Administrators and against all persons claiming or to claim by from or under him her them or any of them by Virtue of any Act done or to be done subsequent to the commencement of such suit and at the End of such seven years it shall and may be lawful for the Court to make such further order as shall be just and reasonable according to the circumstances of the cause.||Form of giving the royal assent to an act of Assembly.|
|October 18th 1744|
|Agreed to by the House of Burgesses,|
|AND WHEREAS the said Act together with a Representation from the Lords Commissioners for Trade and Plantations thereupon have been referred to the consideration of a Comittee of the Lords of his Majestys most Honourable Privy Council for Plantation affairs the said Lords of the Comittee did this day Report as their opinion to his Majesty, that the said Act was proper to be approved HIS MAJESTY taking the same into consideration was pleased with the advice of his Privy Council to declare his approbation of the said Act and Pursuant to his Majesty ROYAL Pleasure thereupon expressed the said Act is hereby confirmed|
|finally Enacted and Ratified accordingly whereof the Governor Lieutenant Governor or Commander in Chief of his Majesty's Province of Virginia for the time being and all others whom it may concern are to take notice and conform themselves accordingly.||Form of giving the royal assent to an act of Assembly.|
[The rest of this page and all of page 566 are blank.]
| PROCLAMATION |
ACTS OF ASSEMBLY,
PASSED AT THE REVISAL OF 1748.
Proclamation repealing certain acts passed at the revisal of 1748.
|WHEREAS all Laws, Statutes and Ordinances, made and passed in the General Assembly of this Dominion, are according to the Constitution of this Government, by his Majesty's Letters Patent under the Great Seal of Great Britain, to be transmitted to his Majesty, for his Royal Approbation or Disallowance, and such of the said Laws, Statutes and Ordinances, as shall be thereupon disallowed or disapproved, and so signified by his Majesty, under his sign manual and signet, or by order in Privy Council, are from thenceforth to cease, determine, and become utterly void. And Whereas his Majesty, in Council has been pleas'd to signify his disapprobation and disallowance of several Acts passed in the years 1748 and 1759, (to wit,)|
|An Act for allowing Fairs to be kept in the Town of Suffolk, and preventing Hogs and Goats going at large therein, and for altering the time of holding Fairs in the Town of Newcastle.|
| Also, An Act, intituled, An Act for establishing a Town in Augusta
County, and allowing Fairs to be kept there.
Also, An Act, intituled, An Act declaring Slaves to be personal Estate, and for other purposes therein mentioned.
Also, An Act, intituled, An Act for the distribution of Intestates Estates.
Also, An Act, intituled, An Act for establishing the General Court and for regulating and setlling the proceedings therein.
Also, An Act, intituled, An Act for Limitation of Actions and avoiding of Suits.
Also, An Act, intituled, An Act concerning servants and slaves.
Also, An Act, intituled, An Act to prevent tending seconds.
Also, An Act, intituled, An Act, for the better support of the College of William and Mary.
And, An Act, intituled, An Act, to prevent the building Wooden Chimnies in the Town of Walkerston; and also to prevent the inhabitants thereof from raising and keeping Hogs.
|Proclamation repealing certain acts passed at the revisal of 1748.|
|I do therefore, in pursuance thereof, by this proclamation, publish and declare that the said Acts of Assembly, are repealed and utterly void, and of none effect: And for the more solemn signification thereof; I do appoint the proclamation to be read and published, at the Court House of the several Counties within this Dominion; and the Sheriffs are to take care the same be done accordingly. Given at the Council Chamber, this eighth day of April, one thousand seven hundred and fifty two, in the xxv year of his Majesty's reign.|
|GOD SAVE THE KING.|
|[From a book in the office of the General Court, labeled "PROCLAM. BOOK, 1748," pa. 89.]|
|Pages 541-558||Pages 569-582|