|Pages 182-204||Pages 221-240|
|I. WHEREAS the laws now in force, for the support of the clergy, and for the appropriating glebes, and building houses for their accommodation, by reason of some ambiguities therein, have occasioned divers disputes and controversies: And where also, since the making the said laws, divers parishes within this dominion, through the increase of inhabitants, and the taking up of new lands, are become of very large extent; whereby the tobacco levied for defraying of parish charges, cannot be collected, and made convenient, for the salary and allowance heretofore settled and appointed: For remedying whereof,|
|II. Be it 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 every minister, now preferred, or hereafter to be preferred to, or received into any parish, within this dominion, shall have and receive an annual salary of sixteen thousand pounds of tobacco, of the growth of such parish, and cask: To be levied, assessed, collected, and paid, in manner herein after directed.||Salary of ministers.|
|III. And be further enacted, by the authority aforesaid, That the vestry of every parish, within this dominion, shall, and they are hereby authorized and required, at some convenient time before the fifteenth day of October, in each year, to meet and lay the parish levy; of which public notice shall be given by the minister or reader, at each church or chapel in the parish: And that it shall and may be lawful, for every such vestry or vestries, and they are hereby required, to levy and assess upon the tithable persons in their respective parishes, as well the salary herein before appointed for the minister, as all other the parish charges, together with the allowance of ten per cent. for the collecting and bringing the same to some convenient landing, from whence it may be shipped off.|| Vestries to lay parish levy. |
Allowance for collection.
|IV. Provided always, That where any parish shall be remote from a navigable river or creek, where tobacco is usually shipped off, or where the limits of any parish shall extend so far outwards from such navigable river, that the tobacco levied for the minister's salary, and other parish charges, cannot be made convenient for the allowance herein before mentioned; in such case, it shall and may be lawful, to and for the vestry or vestries of every such parish or parishes to raise and assess, upon the tithable persons in the said parishes, so much more tobacco as they shall judge necessary, to bring such inconvenient tobacco to such convenient landing, as aforesaid.||In parishes remote from rivers, &c.|
|V. And be it further enacted, by the authority aforesaid, That where any tobacco is appointed, by this, or any other act of assembly, to be paid in cask, or where any vestry shall contract for tobacco and cask, for any services done or to be done, for the use and benefit of the parish, there shall be allowed eight per cent. for the cask of all such tobacco. And the vestries of the respective parishes are thereby impowered and directed, to raise and assess the same accordingly, in the parish levy. And all collectors of such levy, are hereby required to make the same allowance to any person or persons paying such tobacco in cask.|
|VI. And for the better collecting and paying of the salaries hereby directed and established for the ministers, and other the parish charges,|
|VII. Be it further enacted, by the authority aforesaid, That the vestry of every parish respectively, is hereby||Collectors.|
|authorized and impowered, to nominate and appoint such person as they shall think fit, to collect and receive all the tobaccos that shall be raised and levied in their respective parishes: And such collector so to be appointed, shall enter into bond, with sufficient sureties, for the due satisfying, collecting, and paying, unto the several parish creditors, all tobacco so raised and levied; and shall have and receive for his trouble therein, and for making the same convenient, the allowance herein before appointed; and shall also have full power and authority, by virtue of this act, upon refusal of paiment of any part thereof, by any person or persons whatsoever chargeable therewith, to levy the same by distress, and sale of the thing distrained.|
|VIII. And be it further enacted, That the collector of every parish shall, before the last day of March next following the laying of the parish levy, satisfy and pay to the minister of the parish, and to every other parish creditor, all such tobaccos as shall have been raised and levied for them respectively; And where such paiment shall be directed to be made with cask, the same shall be paid in hogsheads, to contain seven hundred pounds of neat tobacco, at the least; and such minister, or other creditor, shall receive the same in the parish: And after such receipt, the collector, as soon as the same may be conveniently done, shall roll such tobacco to some rolling house within a mile of some landing, from whence it may be shipped off, as aforesaid.||When to pay.|
|IX. And be it further enacted, by the authority aforesaid, That if the vestry of any parish, shall neglect or refuse to levy the tobacco due to the minister, or other parish creditors; or if the collectors shall fail to make paiment of the tobacco levied and directed by the vestry, or any part thereof, to the respective persons to whom the same shall be paiable, according to the directions of this act; then, and in such case, all and every the vestry-men, and the collector of such parish, so neglecting, refusing, or failing, shall be liable to the action of the party grieved, his or her executors or administrators, for all damages which he or she shall sustain, by reason of the non-paiment of such tobacco.||When vestry, and collector liable.|
|X. And be it further enacted, by the authority aforesaid, That in all and every the parishes within this dominion, where good and convenient glebes are not already purchase [purchased] and appropriated, a good and convenient||Glebes.|
|tract of land to contain two hundred acres at the least, may be purchased by the vestry, and shall be assigned and set apart for a glebe, for the use of the minister of such parish, and his successors, in all times hereafter: And where mansion-houses, and other out-houses and conveniences are not already erected, for the habitation of the ministers, It is hereby declared and enacted, That the vestry of every such parish shall have power to erect and build on such glebe, one convenient mansion-house, & such other convenient out houses, as they shall think fit: And they are hereby authorized, impowered, and required, to levy the charge of the said several buildings, and purchase of the glebe, on the tithable persons in their respective parishes.|| |
|XI. And to the end, the buildings, and other conveniencies, already erected, or hereafter to be erected, in pursuance of this act, may hereafter be kept in good and sufficient repair,|
|XII. Be it enacted, by the authority aforesaid, That every minister within this dominion, shall, during his incumbency, keep and maintain the mansion-house, and all other the out-houses and conveniences erected, or to be erected on his glebe, in tenantable repair; and shall so leave the same at his removal from the said parish, or death, (the accidents of fire and tempests only excepted:) And in case any minister shall fail so to do, such minister, his executors and administrators, shall be liable to the action of the churchwardens of the parish, for the time being, wherein the value of such repairs shall be recovered, in damages, with costs of suit; and the damages so recovered, shall be laid out in making necessary repairs upon the glebe: And every vestry of a vacant parish is hereby impowered and required to put all the buildings upon the glebe of their parish respectively, into such good and sufficient repair, as that the same may be fit for the reception of the succeeding minister.||Repairs|
|XIII. And for enabling the vestries of any vacant parishes in this dominion, to procure some minister to officiate in such parishes, during the vacancy,|
|XIV. Be it enacted by the authority aforesaid, That when any parish shall become vacant, the vestry of such parish shall have power to levy any quantity of tobacco, not exceeding sixteen thousand pounds weight, and cask, and to make the same convenient, in the manner||Cure, in case of vacancy.|
|herein before directed; which shall be applied towards the satisfying some neighbouring or other minister or ministers, for serving in the cure of such parish, during such vacancy.|
|XV. And be it further enacted, That one act made at a general assembly, held at James City, the twenty-fourth day of September, one thousand six hundred and ninety-six, intituled, An act for the better support and maintenance of the Clergy; and one other act therein mentioned, intituled, Glebes to be laid out; and every clause and article therein contained, be and are hereby repealed, made void, and of none effect, as if the same had never been made.||Former acts repealed.|
|I. WHEREAS, divers idle and disorderly persons having no visible estates or emploiments, and who are able to work, frequently strole from one county to another, neglecting to labour, and either failing altogether to list themselves as tithables, or by their idle and disorderly life, rendring themselves incapable of paying their levies, when listed: for remedy 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 not be lawful to and for any inhabitant of this colony, to entertain, hire, or employ, in his or her house, above the space of forty-eight hours, any person or persons whatsoever, being tithable, and removing from the parish where he or she formerly resided, unless the person so to be entertained, hired, or emploied, shall first produce a certificate under the hands of the sheriff of the county, or churchwardens, or other persons collecting the levy of the parish from whence he or she came, that such persons paid levy there for the preceeding year, or that he or she came into this colony since, and was a||Tithables, not to be employed without certificate.|
|servant at the time of taking the last list of tithables. And if any one shall entertain, hire, or employ any person or persons whatsoever being tithable, not having such certificate, as aforesaid, he or she so offending, shall forfeit and pay two hundred pounds of tobacco, or twenty shillings current money, to the informer; and so, toties quoties, for every such offence, to the informer: To be recovered before any justice of the peace of the county where such offence shall be committed. And if any person being tithable, not having such certificate, shall offer to hire him or herself, or seek to be emploied in labour, or otherwise; every such offender shall be subject to the like penalties and forfeitures, as persons not listing themselves as tithables, are liable and subject to.||Penalty.|
|III. And be it further enacted, by the authority aforesaid, That all persons, able in body, and fit to labour, and not having wherewithal otherwise to maintain themselves, who shall be found loitering, and neglecting to labour for the usual and common wages; and all persons who run from their habitations, and leave either wives or children, without suitable means for their subsistance, whereby they are like to become burthensome to the parish wherein they inhabit; and all other idle, vagrant, or dissolute persons wandring abroad, without betaking themselves to some lawful emploiment, or honest labour, or going about begging, shall be adjudged and deemed rogues and vagabonds.||Vagabonds, defined.|
|IV. And be it further enacted, That if any person, by this act declared to be vagabond, shall be found in any parish or place wandring, begging, or misordering him or herself, it shall and may be lawful for any justice of the peace of that county, and he is hereby impowered and required, by warrant under his hand, to cause such vagabond to be brought before him, and to examine, and to inform himself, as well by the oath and examination of the person so apprehended, as of any other persons, (which oath or oaths the said justice is hereby authorized to administer) and by any other ways and means he shall think most proper, of the condition and circumstances of the person or persons so apprehended: And if it shall appear, that such person or persons are under the description of vagabonds within this act, the said justice shall order and direct such vagabond to be conveyed from constable to|| How apprehended. |
|constable, to the parish wherein his wife or children do inhabit, or where he or she did last reside, as the case is, and there delivered to a justice of the peace of such parish, who is hereby required to cause every such vagabond to give good and sufficient security for his or her good behaviour, and for betaking him or herself to some lawful calling or hones labour: And in case of refusal to give such security, then the said justice is hereby impowered and required to commit every such person to the common goal of the county, there to remain until the next court: And the said court is hereby impowered, (if no security shall be then offered,) to bind every such vagabond to service on wages, for the space of one year, or to order him or her to receive twenty five lashes on his or her bare back, well laid on, at the common whipping post, at the choice of such vagabond: But if such vagabond be of such ill repute, that no one will receive him or her into service, in that case, the court of the county shall order him or her to receive thirty lashes, well laid on, as aforesaid: And in both cases of whipping, to be discharged; and so, toties quoties, for every offence of vagrancy, whereof he or she shall thereafter be found guilty, as aforesaid. And where any person shall, in pursuance of this act, be bound out to service, the wages of such servant, after paiment of the charges of the prosecution, shall be applied towards the support of the family (if any) of such servant, or otherwise to be paid to the person so bound, after his or her time of servitude is expired, in full of all other reward which he or she might claim for such service.|| When committed or hired out. |
Wages, how appropriated.
|V. And whereas, many controversies and disputes have arisen concerning what shall be accounted a legal settlement, whereby any person may be entitled to be provided for at the charge of any parish,|
|VI. Be it enacted and declared, by the authority aforesaid, That no person hereafter shall be accounted an inhabitant, so as to have gained a legal settlement in any parish, until such person shall have been actually resident in such parish one whole year.||Settlement, what.|
|VII. And be it further enacted, by the authority aforesaid, That it shall and may be lawful, to and for any justice of the peace, upon complaint made to him by the churchwardens of any parish or parishes, that any||How poor persons removed to their own parish.|
|poor person or persons hath or have come into the said parish, who is or are like to become chargeable thereto, by warrant under his hand, to cause such poor person to be removed to the parish where he or she was last legally settled. But if such poor person be so sick or disabled, that he or she cannot be so removed, without danger of his or her life, the churchwardens of the parish where such sick person shall be, shall, and are hereby impowered an required, to provide for him or her, at the charge of the said parish, until he or she can with safety be removed: and when such person shall recover shall cause him or her to be conveyed as aforesaid. And the parish wherein such poor person was last legally settled, shall refund and pay all the charges which shall be occasioned by such sickness, or the cure thereof, and also for the maintenance of such poor person, during such sickness, and removing him or her. And if the churchwarden or churchwardens of the parish which ought to provide for such poor person, shall refuse to receive and provide for him or her, upon the justice's warrant as aforesaid; every churchwarden so refusing shall forfeit and pay twenty pounds current money; one half to our sovereign lord the king, to and for the use of the poor of that parish from whence the removal was made, and the other half to such persons as shall inform or sue for the same, in any court of record within this dominion: To be rocovered, with costs, and one attorney's fee. And if the vestry of the parish where any such poor person was legally settled, shall refuse to satisfy, refund & pay, unto the churchwardens of that parish from whence such poor person was removed, all the charge of maintaining such poor person, during his sickness or disability, together with all other charges expended in his cure, being duly proved before the court of the county wherein such parish shall lie; then, and in such case, it shall and may be lawful, to an for the court of that county wherein the parish liable to the paiment thereof shall lie, upon petition to them exhibited, to assess the said charge upon the vestrymen so refusing; and to cause the sheriff to levy the same, together with the costs of the petition and judgment, by distress: And to pay the same to the churchwardens of the parish aggrieved, to and for the use of the said parish.|
If sick, how disposed of.
Penalty on churchwardens refusing to roceive them.
Vestry liable for expenses.
|VIII. And whereas masters of ships frequently bring into this colony, sick and disabled sailors, and turn them on shore, without any means of subsistance, whereby they become chargeable to the parish wherein they are so landed: For prevention whereof, for the future,|
|IX. Be it enacted, by the authority aforesaid, That if any master of a ship or vessel shall, after the passing of this act, turn away from the service of such ship or vessel, any sick or disabled sailor or sailors, without taking due care for his or their maintenance and cure, every such master shall forfeit and pay ten pounds current money, to the churchwarden or churchwardens of the parish wherein such disabled sailor shall be put on shore: To be recovered, with costs, by action of debt, bill, plaint or information, in any court of record within this dominion; and applied to the use of the poor of the said parish. And moreover, shall be liable to the action of the churchwardens of that, or any other parish, to which such sick or disabled sailor shall become chargeable, for all expences which shall be laid out for the maintenance and cure of such sailor, during his sickness: In which action, no act or statute of limitation, shall be pleadable.||Penalty for discharging sick and disabled seamen.|
|X. And, for preventing the inconveniences which happen, through the neglect or inability of many of the poorer sort of inhabitants, to bring up their children in an honest and orderly course of life,|
|XI. Be it enacted, by the authority aforesaid, That if it should happen, that the parent or parents of any child or children, upon due proof before the court of the county wherein such parent or parents inhabit, shall be adjudged incapable of supporting and bringing up such child or children, by reason of his, her, or their idle, dissolute, and disorderly course of life, or that they neglect to take due care of the education and instruction of such child or children, in christian participles, that then it shall and may be lawful, upon certificate from the said court, to and for the churchwardens of the said court, to and for the churchwardens of the said parish, where such child or children shall inhabit to bind out, or put out to service or apprentice, such child or children, for such time or term, and under such covenants, as hath been usual and customary, or the law directs in the case of orphan children.||Children of parents, unable, or neglecting to support them, may be bound apprentices.|
|XII. And, whereas divers lewd women, being got with child of bastards, do oftentimes, before their delivery, absent & remove themselves from their usual places of abode, and abscond in other counties, and sometimes remove into other colonies, until the time of their delivery, and then return to their former habitations; whereby the laws made to punish such offences, are evaded, and the due course of justice for obliging the reputed fathers of such bastards to provide for their maintenance, often obstructed and prevented: For remedy whereof for the future,|
|XIII. Be it enacted, by the authority aforesaid, That whensoever hereafter, any lewd woman shall be delivered of a bastard child, and be thereof lawfully convicted, she shall, for every such offence, be liable and compellable to pay the sum of five hundred pounds of tobacco, and cask, or fifty shillings current money of Virginia, to the churchwardens of the parish, wherein she shall be delivered: Which shall and may be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this colony; wherein no essoin, protection, or wager of law, shall lie, or any more than one imparlance. Which fine, recovered as aforesaid, shall be accounted for, by the churchwardens, to the use of the said parish. And if any person or persons offending herein, shall refuse or fail to make present paiment, or give sufficient security for the paiment of such fine at the laying of the next parish levy after such conviction, every person so refusing or failing, shall receive on her bare back, at the public whipping-post, twenty-five lashes, well laid on. −− And in either of the cases, of paying the fine, or whipping, the said woman shall be discharged of all further or other prosecution.|| Fine on a woman having a bastard. |
On failure of paiment to be whipt.
|XIV. And be it further enacted, by the authority aforesaid, That the person or persons in whose house such woman shall be delivered, upon such delivery shall give notice thereof, to the churchwardens of the parish, or to one of them, wherein such child shall be born: And if the person in whose house the said woman shall be delivered, shall neglect or fail to give such notice, or to secure the person of the woman so offending until such notice given, or suffer her to escape, that then the person in whose house such delivery shall happen, shall forfeit and pay the sum of five hundred pounds of||Notice of bastards, to be given to churchwardens.|
|tobacco, or fifty shillings current money; for the sue of the poor of the parish where he or she shall dwell: to be recovered as aforesaid. And in case of non-paiment, or refusal to give security for the paiment thereof at the next parish levy, to receive twenty-five lashes on the bare back as aforesaid.||Penalty for failure.|
| CHAP. VIII. |
An Act for preventing of excessive and deceitful Gaming.
|I. FOR preventing the mischiefs which happen by excessive and deceitful gaming, 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 first day of April, one thousand seven hundred and twenty eight, all promises, agreements, notes, bills, bonds, judgments, mortgages, or other securities or conveyances whatsoever, made, given, granted, drawn, or entered into, or executed, by any person or persons whatsoever, where the whole or any part of the consideration of such promise, agreement, conveyances, or securities shall be, for any money, or other valuable things whatsoever, won by gaming, or playing at cards, dice, tables, tennis, bowls, or other game or games whatsoever, or by betting on the sides or hands of such as do game, at any of the games aforesaid, or for the reimbursing or repaying any money, knowingly lent or advanced for such gaming or betting, as aforesaid, or that shall, during such play, so play or bett, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.|
All notes, bills, bonds, securities, &c. for money won, or lent, at gaming, void.
|II. And that where such mortgages, securities, or other conveyances, shall be of lands, tenements, or hereditaments, or shall be such as incumber or affect the same, such mortgages, securities, or other conveiances, shall enure, and be to and for the sole use and benefit of, and shall devolve upon such person or persons||Lands, &c. mortgaged, or conveyed, on gaming considerations, devolve on heir or grantor.|
|as should or might have, or be entitled to such lands, tenements, or hereditaments, in case the said grantor or grantors thereof, or the person or person so incumbring the same, had been naturally dead; and as if such mortgages, securities, or other conveiances, had been made to such person or persons so to be entitled, after the decease of the person or persons, hereby intended to enjoy the same, as aforesaid, shall be deemed fraudulent and void, and of none effect, to all intents and purposes whatsoever.|
|III. And be it further enacted, by the authority aforesaid, That from and after the said first day of April, one thousand seven hundred and twenty eight, any person or persons whatsoever, who shall, at any time or sitting, by playing at cards, dice, tables, or other game or games whatsoever, or by betting on the sides or hands of such as do play at any of the games aforesaid, lose to any one or more person or persons so playing or betting, in the whole, the sum or value of ten pounds current money, and shall pay or deliver the same, or any part thereof; the person or persons so losing, and paying or delivering the same, shall be at liberty, within three months then next, to sue for and recover the money or goods so lost, and paid or delivered, or any part thereof, from the respective winner and winners thereof, with costs of suit, by action of debt founded on this act; to be prosecuted in any of his majesty's courts of records, in which actions or suits, no essoin, protection, privilege, or wager of law, or more than one imparlance shall be allowed. In which actions, it shall be sufficient for the plaintiff to alledge, that the defendant or defendants are indebted to the plaintiff, or received to the plaintif's use, the money so lost, and paid or converted the goods won of the plaintiff to the defendant's use, whereby the plaintif's action accrued to him, according to the form of this act, without setting forth the special matter. And in case the person or persons who shall lose such money, or other thing, as aforesaid, shall not, within the time aforesaid, really and bona fide, and without covin or collusion, sue, and with effect prosecute, for the money or other thing so|| Money won, may be recovered back, by loser, within three months.
Or, by any other, and treble the value.
|by him or them lost and paid, or delivered, as aforesaid, it shall and may be lawful to and for any person or persons, by any such action or suit, as aforesaid, to sue for and recover the same, and treble the value thereof, with costs of suit, against such winner or winners, as aforesaid: the one moiety thereof to the use of the person or persons that will sue for the same; and the other moiety to the use of the poor of the parish where the offence shall be committed.|
|IV. And for the better discovery of the monies, or other things so won, and to be sued for and recovered, as aforesaid,|
|V. It is hereby further enacted, by the authority aforesaid, That all and every the person or persons, who, by virtue of this present act, shall or may be liable to be sued for the same, shall be obliged and compellable to answer, upon oath, such bill or bills as shall be preferred against him or them, for discovering the sum and sums of money, or other thing, so won at play, as aforesaid.||Defendant compellable to discover money won on oath.|
|VI. Provided always, and be it nevertheless enacted, by the authority aforesaid, That upon the discovery and re-paiment of the money, or other thing, so to be discovered and repaid, as aforesaid, the person or persons who shall discover and repay the same, as aforesaid, shall be acquitted, indemnified, and discharged, from any further or other punishment, forfeiture or penalty, which he or they may have incurred, by the playing for, or winning such money, or other thing so discovered and repaid, as aforesaid; any former or other act, law, or usage, or any thing in this present act, contained to the contrary thereof, in any-wise, notwithstanding.||On discovery and re-payment, discharged.|
|VII. And be it further enacted, by the authority aforesaid, That if any person or persons whatsoever, at any time or times after the said first day of April, one thousand seven hundred and twenty eight, do or shall by any fraud or shift, cozenage, circumvention, deceit, or unlawful device, or ill practice whatsoever, in playing at or with cards, dice, or any of the games aforesaid, or in or by bearing a share or part in the stakes, wagers, or adventures, or in or by betting on the sides or hands of such as do or shall play, as aforesaid, win, obtain, or acquire, to him or themselves, or to any other or others, any sum or sums of money, or other||Cheating at gaming, how punishable.|
|valuable thing or things whatsoever; that then every person so winning by such ill practice, as aforesaid, and being thereof convicted upon any indictment or information to be exhibited against him or them for that purpose, shall forfeit five times the value of the sum or sums of money, or other thing so won, as aforesaid; and shall be deemed infamous, and suffer such corporal punishment, as in cases of wilful perjury: And such penalty to be recovered by such person or persons as shall sue for the same, by such action, as aforesaid.|
|VIII. And whereas, divers lewd and dissolute persons live at great expenses, having no visible estate, profession, or calling, to maintain themselves, but support those expences by gaming only;|
|IX. Be it therefore further enacted, by the authority aforesaid, That it shall and may be lawful for any two or more of his majesty's justices of the peace in any county or city whatsoever, to cause to come, or be brought before them, every person or persons within their respective limits, whom they shall have just cause to suspect to have no visible estate, profession, or calling to maintain themselves by, but do, for the most part, support themselves by gaming. And if such person or persons shall not make it appear to such justices, that the principal part of his or their expences is not maintained by gaming, that then such justices shall require of him or them sufficient securities for his or their good behaviour for the space of twelve months. And in default of his or their finding such securities, to commit him or them to the common goal, there to remain until he or they shall find such securities, as aforesaid.||Common gamblers to be bound to their good behaviour.|
|X. And be it further enacted, by the authority aforesaid, That if such person or persons so finding sureties, as aforesaid, shall, during the time for which he or they shall be so bound to their good behaviour, at any one time or sitting, play or bett for any sum or sums of money, or other thing exceeding in the whole the sum or value of five shillings current money, that then such playing shall be deemed and taken to be a breach of his or their behaviour, and a forfeiture of the recognizance given for the same.||What a breach of recognizance.|
|XI. And for the preventing of such quarrels as shall and may happen, upon the account of gaming,|
|XII. Be it further enacted, by the authority aforesaid, Thot in case any person or persons whatsoever, shall assault or beat, or shall challenge or provoke to fight any other person or persons whatsoever, upon account of any money, or other thing, won by gaming, playing, or betting, at any of the games aforesaid, such person or persons assaulting and beating, or challenging or provoking to fight, such other person or persons, upon the account aforesaid, shall, being thereof convicted, forfeit to the party grieved, ten pounds current money of Virginia: to be recovered, by action of debt, in any court of record, with costs, wherein no essoin, protection, or wager of law shall be allowed, nor more than one imparlance; and moreover, shall be liable to the action of the party grieved, at the common law.||Fighting at gaming, how punishable.|
|I. WHEREAS, the rates of the silver coin heretofore settled within this dominion, are greatly disproportioned to the value at which the same pass in the neighbouring plantations, whereby encouragement hath been given to draw thither the several species of the said silver coin, to the great detriment of the trade and commerce of this colony: For remedying whereof, and for bringing the silver coin to a nearer proportion to that of the gold currency.|
Preamble, See 1 Geo. 1, ch. 1.
|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 several species of coin hereafter mentioned and set down, shall be current within this his majesty's colony and dominion, in all paiments, for the discharge of 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, to wit: Pieces of eight of Mexico, Sevil, and Pillar, Ducatoons of Flanders, Ecues of Frances, or Silver Louis,||Silver Coins, rates of.|
|and Crusadoes of Portugal, and all halves, quarters, and lesser pieces of the same, shall pass at four pence the penny weight; and all Peru pieces, Cross Dollars, and old Rix Dollars of the Empire, and all lesser pieces of the same, shall pass at three pence three farthings the penny weight, and that all English milled silver money shall pass at the rate of six shillings and three pence the crown piece; and all half crowns, shillings, and six pences, in the same proportion.|
|III. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any person or person whatsoever, deny or refuse to take and receive the aforesaid coins or monies, or any of them, when offered or tendered in paiment of a money debt, contracted after the publication of this act, he, she, or they so refusing, shall lose and forfeit to the party who offers or tenders the same, such sum or sums of money, as he, she, or they, so refuse and deny to take: to be recovered by action of debt, in any court of record within this dominion, wherein no essoin, protection, or wager of law shall be allowed. And in case the forfeiture be less than twenty shillings, to be recovered, upon a complaint before any justice of the peace in the county where the refusal happens to be made.||Penalty for refusing at those rates.|
|IV. And for the conveniency of change and small paiments, Be it further enacted, That if his majesty, his heirs and successors, shall think fit, at any time hereafter, to permit copper money to be brought in, and pass in the colony, the same shall pass and be current in this colony, at the like rates it doth pass in Great Britain.||Copper coins rates of.|
|V. Provided, That no person shall be obliged to take above two shillings and six pence of the said copper money, in any one paiment whatsoever, above twenty shillings, or to take above one shilling of the said copper money, in any one paiment under twenty shillings,||Proviso.|
|VI. And be it further enacted, by the authority aforesaid, That if any person or persons shall hereafter presume to coin, counterfeit, falsify, or debase any of the coins above mentioned, or shall be aiding, consenting, or counselling therein, he, she, or they, so offending, upon being thereof lawfully convicted, shall be deemed and adjudged as offenders in treason, and shall||Treason to counterfeit, &c.|
|suffer such pains, penalties, and forfeitures, as are mentioned in the act of parliament, made in the eighteenth year of the reign of queen Elizabeth.|
|VII. Provided nevertheless, and it is hereby meant and intended, That nothing contained in this act, shall extend, or be construed to extend, to any money paiment already due, or to his majesty's revenues arising within this colony, or to the several salaries paiable out of the same, or to any protested bills of exchange, or any other specialty expressly limited to be sterling money, or any debt contracted in Great Britain.||Exceptions out of this act.|
|VIII. Provided also, and it is hereby declared, That nothing in this act mentioned, shall extend, or be construed, to restrain his majesty, from regulating and settling the several rates of the said species of coins within this his majesty's colony and dominion, in such other manner, and according to such other rates and proportions, 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 colony, for the time being, shall from time to time judge proper and necessary.||Saving to the king power to alter rates by proclamation.|
|IX. And be it further enacted, by the authority aforesaid, That one act of assembly, made the twenty-fifth day of October, in the ninth year of the reign of her late majesty queen Anne, intituled, An act for ascertaining the current rates of foreign coins within this dominion; and also so much of one other act of assembly, made in the twelfth year of her said late majesty's reign, intituled, An act for regulating and settling the current rates of Gold coin and of British Silver coin in this dominion, as relates to the ascertaining the value of the British silver coin, be from henceforth repealed and made void, to all intents, constructions, and purposes, as if the same had never been made.||Repeal of former acts.|
|X. And whereas, great frauds and abuses have of late been committed, by means of a liberty some people have taken to cut the foreign gold coin, which is current in this dominion, into small pieces, whereby base money is frequently passed away: For prevention whereof.||Gold cut not to pass.|
|XI. Be it further enacted, That no foreign gold coin whatsoever, cut into lesser pieces, shall hereafter be passed in any paiment in this dominion.|
|Pages 182-204||Pages 221-240|