208

Former acts repealed.

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 twentyfourth 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therein mentioned, intituled, Glebes to be laid out; and every clause and article therein contained, be and are hereby repealed, made void, and of none effect, as if the same had never been made.

Preamble:

CHAP. VII.

An Act for the better securing the paiment of Levies, and restraint of vagrant and idle people; and for the more effectual discovery and prosecution of persons having bastard children; and for making better provision for the poor.

I.

HEREAS, 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, CounTithables, cil and Burgesses, of this present General Assembly, and ployed with. it is hereby enacted, by the authority of the same, That out certifi- 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, or was a

servant at the time of taking the last list of tithables. And if any one shall entertain, hire, or employ any Penalty. 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.

III. And be it further enacted, by the authority afore- Vagabonds, said, That all persons, able in body, and fit to labour, defined. 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.

IV. And be it further enacted, That if any person, by this act declared to be a vagabond, shall be found How appre 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 Removal of. 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

red out.

com

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 honest 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 mitted or hi 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 Wages, how (if any) of such servant, or otherwise to be paid to the appropriaperson so bound, after his or her time of servitude is ted. expired, in full of all other reward which he or she might claim for such service.

Settlement,

what.

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.

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 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 disposed of danger of his or her life, the churchwardens of the parish where such sick person shall be, shall, and are hereby impowered and 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 Penalty on ought to provide for such poor person, shall refuse to dens refusreceive and provide for him or her, upon the justice's ing to rowarrant as aforesaid; every churchwarden so refus-ceive them. ing 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 Vestry liable refuse to satisfy, refund & pay, unto the churchwardens for expenses. 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 and 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.

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,

Penalty for IX. Be it enacted, by the authority aforesaid, That discharging if any master of a ship or vessel shall, after the passing sick and dis- of this act, turn away from the service of such ship or

abled sea

men.

Children of

them, may be bound ap

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.

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 parents, una- if it should happen, that the parent or parents of any ble, or neglecting to child or children, upon due proof before the court of support 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 principles, that then it shall and may be lawful, upon certificate from 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 orphau children.