|Pages 30-50||Pages 76-95|
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|Alex. Spotswood, Esq. Governor.|
|[From edit. 1733, p. 297.]|
|I. WHEREAS the rates at which foreign coined gold hath passed in this colony, have hitherto been unsettled, and some of them disproportionate to others of the same intrinsic value, and all unequal to the coined gold of Great-Britain: Wherefore, for ascertaining the rates thereof, as near as may be, at an equal value.|
|II. Be it enacted by the Lieutenant-Governor, the Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the several species of gold coin, herein after mentioned and set down, shall be current, within this his Majesty's colony and dominion, in all paiments, for the discharging any contracts, bargains, or debts, to be made or contracted after the publication of this act; and shall pass, be accounted, and received at the following rates.||Rates of gold coin.|
|that is to say: All pieces of British gold coin, not milled, and all Spanish or French coined gold, all pieces of coined gold of the Empire, all Chequeens and Arabian pieces of gold, and Moidores of Portugal, and all lesser pieces of that species, shall pass and be current, according to their respective weights, at and after the rate of five shillings the penny-weight: And all guineas shall pass and be current, at twenty-six shillings a piece, and the half guineas in proportion.|| Guineas.|
|III. And, whereas the silver coin of Great-Britain, called sterling, doth now pass at a lower rate, in this colony, than the coin of foreign princes and states, current here: For rectifying whereof.|
|IV. Be it enacted by the authority aforesaid, That the several pieces of sterling milled money, called crowns, half crowns, shillings, and six-pences, shall pass, be accounted, and received, in all paiments, for the discharging any contracts, bargains or debts, to be made or contracted after the publication of this act, at the rate of five shillings and ten pence for each milled crown, and all half crowns, shillings, and six-pences, according to that proportion: And that all old British silver coin, not milled, shall pass at the rate of three pence three farthings the penny-weight. And if any person or persons whatsoever, deny or refuse to take and receive the aforesaid coins of gold or silver, or any of them, when offered or tendered in paiment of a money-debt, contracted after the publication of this act, at the full rate, price, and value set by this act, he, she, or they so refusing, shall lose and forfeit to the person offering or tendering the same, such sum or sums of money, as he, she, or they so refuse or deny to take: To be recovered by action of debt, or information, in any court of record, in this dominion; wherein no essoin, protection, or wager of law shall be allowed. And if the said forfeiture shall be less than twenty shillings, to be recovered before any justice of the peace of the county where the refusal shall happen to be made.|| Silver coin. |
This section repealed by ch. 9, 1727.
|V. And be it further enacted, by the authority aforesaid, That if any person or persons shall at any time or times hereafter, coin, counterfeit, falsify, or debase any of the coins above in this act mentioned, or shall be aiding, consenting, or counselling therein, he, she, or they so offending, and being thereof lawfully convicted,||Counterfeiting high treason.|
|shall be deemed and adjudged as guilty of high treason; and shall suffer such pains, penalties, and forfeitures, as are inflicted and laid on offenders in such cases, by the laws of England.|
|VI. Provided nevertheless, and it is hereby meant and intended, That nothing in this act contained, shall extend, or be construed to extend, to any money paiment already due, or to the paiment of any of the revenues of his Majesty, arising within this colony, or to any salaries paiable out of the same, or to any paiment to be made for any debt due on a bill of exchange protested, or on any specialty expressed to be due in sterling money, or on any debt contracted in Great-Britain.||Exceptions out of this act.|
|VII. Provided also, and it is hereby declared, That nothing in this act contained, shall extend, or be construed to extend, to restrain his majesty from regulating or settling the several rates of the said several species of foreign coins of gold, or of British coins of gold or silver, within this colony and dominion, in such other manner, and according to such rates and values, as his Majesty, by his roial proclamation for that purpose to be issued, or by his roial instructions to his governor, or commander in chief of this dominion, for the time being, shall, from time to time, judge proper and necessary.||Not to affect royal prerogative.|
|[From edit. 1733, p. 299.]|
|I. WHEREAS the convenience designed for travellers, and persons transporting goods and merchandizes from one place to another, in carts and other carriages, by enlarging the public high roads of this colony, is in a great measure taken away, by reason several mill-dams, over which such roads do lead, are so narrow that carts and carriages cannot pass over them: 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 from and after the last day of November, which shall||Width of roads passing over mill dams.|
|be in the year of our Lord Christ, one thousand seven hundred and fifteen, all and every the mill-dams already built, or that shall hereafter be made and built, on any of the great roads within this colony, which by law are appointed to be cleared, as public roads, and the bridge at the flood-gates, and the passage at the peer-head of the mill to which such dam shall belong, shall be substantial and strong, and of the breadth of ten foot at the least at the top, for the whole length of such dam, bridge, and passage: And if any such mill-dam, bridge, or passage, shall, after the said last day of November, be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage, the owner and owners, or the occupier and occupiers of such mill, shall forfeit and pay two thousand pounds of tobacco. And if such mill-dam, bridge, or passage, shall, after the said last day of November, continue, or be suffered to be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage, that then the owner and owners, or the occupier and occupiers of such mill, shall forfeit and pay two hundred pounds of tobacco for every month after the said last day of November, which such mill-dam, bridge, or passage, shall continue, or be suffered to be of less breadth than ten foot at the top, for the whole length of such dam, bridge, and passage. And if the owner or owners of such mill shall be under the age of twenty-one years, or shall reside out of this colony, that then the guardian of such infant, and the attorney of such owner, who shall reside out of this colony, shall, at the charge of such infant, and owner, residing out of this colony, by the said last day of November, make, and afterwards keep such mill-dam, bridge, and passage, of the breadth above by this act directed for the whole length of such dam, bridge, and passage, under the same penalties and forfeitures, as are before by this act given for not performing thereof, by the owner and owners, or occupier and occupiers of such mills: All which forfeitures and penalties shall and may be recovered, by action of debt, bill plaint, or information, in any court of record in this dominion, by the owner of any other mill in the same county, whose dam shall be sufficient, according to the direction of this act, and who shall first sue for the same, for and towards the keeping the said dam in repair. And if there be no|
Provision as to infants, &c.
Penalties, how recoverable and paid,
|such owner of a mill in that county, or if such owner do not sue in two months after the forfeiture incurred, then by the churchwarden or churchwardens of the parish where such mill shall be, for the use of the poor inhabitants of such parish.|
|III. Provided always, That where any such mill shall be in the tenure or occupation of any tenant, who shall not have a term therein for more than two years after the said last day of November, such tenant shall not be obliged, by virtue of this act, to make or keep the dam, bridge, or passage, to such mill belonging, of such breadth as is above by this act required, nor shall be liable to any the said penalties or forfeitures for not performing thereof: but that in such cases, the owner or proprietor of such mill shall be obliged to do and perform the same, under the forfeitures and penalties aforesaid.||Saving, as to tenant.|
|IV. Provided also, That if any of the mill-dams, peer-heads, or flood-gates, aforesaid, shall happen to be destroied, or carried away by violent rains, or any other accident, the owner or owners thereof, shall not be liable to any of the penalties afore-mentioned, until one month after such mill hath ground at least one bushel of corn, or other grain, for toll.||Proviso, where the dam is destroyed.|
| CHAP. III.
An act for erecting a Magazine.
|[From edit. 1733, p. 300.]|
|I. WHEREAS our late sovereign lady queen Anne, of her grace and bounty, was pleased to bestow a considerable quantity of arms and ammunition, for the service of this colony, which are in danger to be imbezzled and spoilt, for want of a convenient and proper place to keep them in.|
|II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of the present General Assembly, and it is hereby enacted by the authority of the same, That as soon as conveniently it may be done, there shall be erected and finished one good substantial house of brick, which shall be called the magazine, at such place as the lieutenant-governor shall think proper: In which magazine, all the arms, gun-powder, and ammunition, now in this colony, belonging to the king,||Magazine to be built.|
|or which shall at any time hereafter be, belonging to his majesty, his heirs or successors, in this colony, may be lodged and kept. For the building and finishing which magazine, there shall be laid out and expended any sum or sums of money, not exceeding two hundred pounds; to be levied and paid out of the monies arising by the duty on liquors & slaves, after the monies arising by the duty on liquors & slaves, after the monies already appropriated and ordered to be paid out of the said duty, are fully satisfied and paid: And the honourable the lieutenant-governor is hereby impowered and desired to order and direct the building the said magazine, and to issue his warrant, from time to time, on the treasurer of this dominion, for the paiment of the money hereby given.|
Power of governor.
|III. And be it further enacted, by the authority aforesaid, That so soon as the said magazine shall be fit to receive therein the arms and ammunition, it shall and may be lawful for the lieutenant-governor, or the governor or commander in chief of this dominion, for the time being, to constitute and appoint a person to look after and take charge of the magazine, and the ammunition which shall be lodged therein; which person so appointed, shall be called the keeper of the magazine, who shall have and receive the yearly salary of twenty pounds: And also to constitute and appoint one other person to take care of, keep clean and mend the arms which shall be kept in the said magazine; which person shall be called the armourer, who shall have and receive the yearly salary of twenty pounds. Which said salaries of twenty pounds hereby given to the keeper of the magazine, and to the armourer, shall be paid & satisfied yearly, out of the monies already appropriated and ordered to be paid out of the said duty, shall be fully satisfied and paid.|| Keeper. |
|IV. And be it further enacted, by the authority aforesaid, That when, and so soon as there shall be a company erected and incorporated by charter, or act of assembly, by the name of the Virginia Indian Company, or by any other name, to trade with the Indians tributary to this government, or foreign; such company shall, before they be permitted to use or exercise their said trade, pay to the treasurer of this dominion, the sum of one hundred pounds, in part of such money as shall have been laid out and expended, by the||Duties, payable by Virginia Indian Company.|
|directions of this act, for building and finishing the said magazine.|
An Act for altering the day for Princess-Anne County Conrt, and the day for Essex County Court.
|An Act for continuing an Act, intituled, An act for prevention of abuses in Tobacco shipped on freight.||[From edit. 1733, p. 301.]|
|I. WHEREAS an act of assembly, made at a grand assembly, begun at the capitol, the twenty-fifth day of October, in the ninth year of the reign of our late sovereign lady Anne, of Great-Britain, France and Ireland, Queen, and in the year of our Lord, one thousand seven hundred and ten, intituled, An act for prevention of abuses in tobacco shipped on freight, hath been by experience found very useful and necessary: And whereas the said act is to continue in force till the end of this present session of assembly, and no longer.|| |
|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 the said act, with all clauses, powers, matters, and things therein contained, shall be and continue in force, and is hereby made perpetual.||Act of 9 Anne, ch. 8, made perpetual.|
Signed by ALEX: SPOTSWOOD, ESQ. Governor.
PETER BEVERLEY, Speaker.
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|Alex. Spotswood, esq. Governor.|
An Act for raising a Public Levy.
An act requiring the Vestry of the Parish of Henrico, to build a Chapel in the said Parish.
Signed by ALEX: SPOTSWOOD, ESQ. Governor.
DANIEL M'CARTY, Speaker.
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|Alex. Spotswood, es. governor.|
|[From Beverley's abr. p. 138.|
|ATTORNEY'S fee in the General Court, 50s. or 500 pounds of Tobacco.|
|Attorney's fee in the county court, 15s. or 150 pounds of tobacco.|
|Where the plaintiff recovers judgment, if the court finds that the defendant did unjustly and vexatiously delay the plaintiff, may allow him one attorney's fee in the bill of costs, if he imploy'd any in his suit.||When taxed in a bill of costs.|
|Officers fees are settled according to the insueing table, and may be distrained by the sheriffs, or deputies, within three years, and no action to lie if distress is to be had.||What fees distrainable.|
|A copy of the secretaries fees shall be set up in a publick place in the secretaries office, and there constantly||Table of fees to be set up.|
|* This act having expired, was omitted in the revisals of 1733 and 1752; it is here inserted from Beverley's Abridgment, page 138, and is, in fact, a mere abridgment.|
|kept by the secretary, or his deputy; on penalty of 1,000 pounds of tobacco to the informer, for every day it shall be missing by neglect.|
|A copy of all the other fees shall be set up in the county court rooms, and the clerks office of the county, and there constantly kept by the respective clerk, on penalty of 1,000 pounds of tobacco to the informer, for every day they or any of them shall be missing by neglect.|
|The penalties recovered with costs by action of debt, bill, bond, plaint, or information, &c. Provided prosecution be within six months of the omission, and not after.||Penalties.|
|County court clerks fees.|
| Coroners' fees. |
|If any officer take any more fees, or greater fee for any thing within the purview of this act, he shall forfeit to the party injured two thousand pounds of tobacco and costs, &c. provided prosecution be within eighteen months after cause of action.||Penalty for exceeding.|
|Sheriff to be answerable for all fees charged by this act if signed by the proper officer, and put into his hands at, or before the county levy laid, abating ten per cent. for his trouble, provided the party charged have visible personal estate sufficient in the county, over and above his levies and quit-rents then due.||Sheriff to collect.|
|Provided also, That if for want of tobacco the Sheriff make other distress, the party claiming shall take the species distrained according to the valuation, by two house-keepers upon oath, before the sheriff or his deputy.|
An act to impower Harry Beverley, and others to build a Bridge over the Dragon Swamp.
|CHAP. III.||[From Beverley's Abr. p. 154.|
|ONE thousand pounds out of the fund in the hands of colonel Peter Beverley, treasurer, is given to the visitors and governours, to be by them laid out for the maintaining and educating such and so many of the ingenious scholars, natives of this colony, as they shall think fit.|
Donation to College William and Mary.
|Provided, That distinct accounts of this benefaction be kept and ready always for the inspection of the general assembly, or their order.|
| Signed by ALEX: SPOTSWOOD, ESQ. Governor. |
DANIEL M'CARTY, Speaker.
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