said public goal be not allowed any more than one fee where runafor the commitment, and the same for the releasement way hired

of such negro or runaway.

out.

lic.

XVI. And be it further enacted, That where any Fees,in pubsuch negro or runaway shall be committed to the public jail, to be lic goal of the country, by virtue of this act, whose own- paid by pubers cannot be known, as aforesaid, and shall happen to die there; in such case, all charges of the taking up, keeping, and maintaining the said negro or runaway in goal, and all other charges relating thereto, shall be defraied by the public.

XVII. And whereas, the act of assembly of this (Ch. 12, colony, intituled, An Act to prevent the clandestine 1705.) transportation, or carrying of persons in debt, servants, or slaves, out of this colony, hath not been found effectual to obtain the ends thereby intended; but many persons in debt, servants, and slaves, have been clandestinely conveyed out of this colony: For preventing whereof.

take an oath

XVIII. Be it enacted by the authority aforesaid, Masters of That every master of a ship or vessel shall, at the time vessels to of his clearing, and before he shall be cleared out hence, not to transbefore the officers of the customs, in the port where port any perthe ship or vessel rides, take the following oath:

I

son without a pass.

A. B. master of the ship (or vessel) C. do swear, The oath. that I will make diligent enquiry and search in my said ship (or vessel,) and will not knowingly or willingly carry, or suffer to be carried, in my said ship, out of this dominion, without such pass as is directed by law, any person or persons whatsoever, that I shall know to be removing hence, in order to deceive their creditors; nor any servant or slave, that is not attending his or her master or owner, or sent by such master

or owner.

Which oath, the said officers of the customs are hereby How adminimpowered and required to administer.

istred.

XIX. Provided always, That the taking the said Proviso. oath, shall not discharge the master of any such ship or vessel, from any of the penalties to which he is liable,

by the said last recited act.

XX. And be it further enacted, by the authority afore- Forgingpass, said, That if any person or persons (other than ser- penalty for. vants) shall forge or counterfeit any pass, in order to

Servantsrun

procure a transportation out of this colony; such person or persons so forging or counterfeiting the same, shall forfeit and pay ten pounds current money; one half whereof shall be to his majesty, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other half to the informer: To be recovered, with costs, in any court of record within this dominion. And if any servant shall forge or counterfeit any such pass, or make use of the same, knowing it to be such, in order to obtain a transportation, or to escape out of this colony, either by sea or land, he, she, or they, so offending, shall stand in the pillory, upon a court day, at the courthouse of the county, where he or she shall be convicted, for the space of two hours, and receive thirty Jashes, well laid on, at the public whipping-post of the said county.

XXI. And be it further enacted, That whatsoever ning away & white servant shall run away, and at, or after his or changing name, penal- her departure, shall change his or her name, or usual ty for. habit, or otherwise disguise him or herself, with intent thereby to escape, being discovered, on proof made of such deceit, every such runaway shall be adjudged to serve his or her master or mistress, for the space of six months, over and above all other service due for running away.

XXII. And whereas, many abuses have been committed by persons, who, under pretence of understanding several trades and misteries, have procured large sums of money, to be advanced to them, and have entred into covenants with merchants, and others, in Great-Britain, for the paiment of large wages, yearly, though they were totally ignorant of, and unable to perform, such trades and misteries: For remedy whereof.

XXIII. Be it enacted, That all and every person or Penalty on servants, pre- persons already imported, or who shall be imported intending to be to this colony, as a tradesman, or workman, on wages, tradesmen, and shall be found not to understand such trade or emwho are not. ploiment, the master or owner of such servant, may

bring him or her to any county court of this colony; which court, upon complaint to them made of such deceit, are hereby impowered and directed to enquire into the same, and upon finding any such fraud, may adjudge and direct such satisfaction to be made to the

)

master or owner of such servant, either by defalcation
of the wages, or part thereof, or by ordering such fur-
ther time of service for the money advanced, as to them
shall seem just.

XXIV. And be it further enacted, That if any per- Penalty on, son who is or shall be imported into this colony as a for refusing tradesman, or other workman, on wages, shall refuse to work. or neglect to perform his duty, or shall absent himself from his master's service, without leave; in every such case, it shall and may be lawful for the justices of the county court wherein such master resides, upon complaint and proof to them made, to order such satisfaction and reparation to the master or owner of such servant, for the damages sustained by him, for such refusal or neglect, as to them shall seem just: And for every day such servantshall absent himself from his said master's service, as aforesaid, to order and direct such servant to serve his said master or owner, two days for every day's absence, after his time, by indenture or former order of court, is expired; and that without any wages to be paid for such service.

CHAP. V.

An Act for reviving and continuing two Acts
bly therein mentioned.

CHAP. VI.

Repealed, c.

of Assem- 5,1727. last

Au Act for the more effectual preventing the bringing
Tobacco from North-Carolina, and the bounds in
controversy.

I. WHEREAS, the act of the general assembly

[From edit. 1733, p. 371.]

now in force, doth not effectually prevent the Preamble. bringing in tobacco from North Carolina: And where- See 4 Anne, as, since the making of the said act, great numbers of chap. 5. people have, contrary to the repeated orders of this government, seated themselves on the lands between Wiccons Creek, and the line run from the mouth of Nottoway River, to describe the boundaries in controversy between this colony and the said province; and are there encouraged and protected, under pretence of be

1

ing under the government of North-Carolina, contrary to the agreement with that government, that the said tract should remain unseated until the bounds should be determined: Which persons so seated, as aforesaid, as well as those inhabiting within the province of NorthCarolina, being under no regulation in the manner of making and packing their tobacco, do, notwithstanding, make and transport into this colony, for traffic and sale, great quantities of tobacco, deceitfully packed, and unfit for exportation, and yet pass the same as tobacco of the growth and manufacture of Virginia, to the great deceit of honest traders, and the depreciating the staple commodity of this country: For remedy whereof,

II. Be it enacted, by the Lieutenant-Governor, CounPenalty for cil, and Burgesses, of this present General Assembly, bringing, &c. and it is hereby enacted, by the authority of the same, tobacco from That whosoever shall bring into this colony, any hogsNorth Caro- head, barrel, or other parcel of tobacco, from North Ca

lina.

rolina, or from any place within that tract, commonly known by the name of the controverted bounds, by land or water; or whoever shall sell, buy, or receive, any such tobacco, knowing the same to be brought from thence, shall, for every such hogshead, barrel, or other parcel, so brought in, sold, bought, or received, forfeit and pay the sum of ten pounds, current money of Virginia: To be recovered, with costs of suit, in any court of record within this colony and dominion, by bill, plaint, or information: The one half of which penalty shall be to our sovereign lord the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other half to the informer.

III. And be it further enacted, by the authority aforeNow seized. said, That when, contrary to this act, or any other act of assembly, any tobacco shall be brought or imported into this colony, it shall be lawful for the sheriff, or the constable of such county where such tobacco shall May be sold. be, to seize the same: And after such seizure, upon information thereof made to the court of the county, by the officer making the seizure, the said court is hereby impowered and required to order such tobacco to be sold publicly; and the one half of the money accruing on such sale, after all charges deducted, shall be to our sovereign lord the king, for the uses aforesaid, and the other half to the officer making the seizure.

IV. Provided always, That from and after the de- Proviso. termination and final settlement of the boundaries between this colony, and the province of North-Carolina, so much of this act as extends to tobacco made by the inhabitants of that part of the controverted lands which then shall be found to lie within the limits of this colony, shall cease determine, and be utterly void,

CHAP. VII.

An Act to prevent the setting of Hedges into Rivers and
Creeks, and the falling of Trees therein.

I.

HEREAS some doubts have arisen, concern- Preamble.

Wing the laws already made, arlating to the

clearing of rivers and creeks, in this colony; and the said laws have been thought not to extend to any other rivers or creeks, but what are navigable: And whereas, many inhabitants of this colony, have at their great charge built several bridges over the said rivers and creeks, for the benefit and conveniency of travellers, which, by the falling of trees into the said rivers, and by means of hedges set cross the same, the course of the water hath been obstructed, and thereby the said bridges have been often times broken down and carried away, to the great prejudice of the said inhabitants:

II. Be it therefore enacted, by the Lieut. Governor, Hedgesmade Council, and Burgesses, of this present General Assem- across any bly, and it is hereby enacted, by the authority of the same, That all hedges already made cross any river stroyed. or creek whatsoever, in this colony, shall be taken up and destroied by the person or persons who made or placed the same; and that, for the future, no hedge that shall in any wise obstruct the course or passage of the said rivers or creeks, or any of them, shall be placed or set therein; but that every person who shall not pull up and destroy any and every hedge already by him erected. set up in any of the said rivers and creeks, or who shall hereafter presume to set any such hedge therein, shall forfeit and pay five hundred pounds of tobacco for every such offence, over and above the penalties already inflicted by law. And if, after conviction, the person or persons so offending, shall suffer the said hedges, or any of them, to continue, and not pull up and destroy the same, he or they so offending, shall, for every week they shall suffer the same to remain, forfeit and