[From edit.
1733, p. 9.]

41

CHAP. III.

An Act for building a Prison for Debtors to be committed by the General Court.

i

Preamble: I.

Land to be

HEREAS

W it is found very inconvenient, that

when defendants are brought in custody from several remote and distant parts of this colony to the general court, by writs issued out of the office of the said court, for want of bail for their appearance; and at the return of such writs or appearing, cannot give special bail to such actions on which they are arrested, or after judgment obtained against them in custody, on which they ought immediately to be in execution, there is at present no prison or place to which such defendants can properly be committed.

II. Be it therefore enacted, by the Lieutenant Goverpurchased in nor, Council and Burgesses, of this present General Williams- Assembly, and by the authority of the same, That as burg, and a soon as conveniently may be, after the passing of this prison built

thereon.

act, one lot or half acre of land lying in the city of Williamsburg, and in the county of York, as near as may be to the place where the colony goal for criminals now stands, be set apart and appropriated for a place whereon a prison shall be built; and that so soon as conveniently may be after the time aforesaid, there shall be made and erected on the said lot, a good substantial building of brick, well and sufficiently strength. ened and secured with timber and plank, iron work, and other materials, so as to make the said building strong, and sufficient for the safe keeping of prisoners, out of the monies which shall be levied and raised by an act of assembly of this colony, intituled, An act for laying a duty on liquors and slaves, after the monies already appropriated out of the said duty are levied and paid. III. And be it further enacted, by the authority aforecontract for said, That the honourable the lieutenant-governor, or building, not the governor, or commander in chief of this colony and exceeding dominion, for the time being, is impowered and desired

Governor to

2001.

to contract and agree with any person or persons, for the erecting, building and finishing the prison aforesaid; and to issue his warrant upon the treasurer of this dominion, for the time being, for any sum or sums of money which may be wanted, for the building and finishing the said prison, out of the monies which shall De raised for the said use, not exceeding two hundred pounds.

for debtors.

IV. And be it further enacted, by the authority afore- General said, That the said prison so erected and built, shall court prison from thenceforth be called, The General Court Prison for Debtors; of which said prison, the judges of the general court, or the greater part of them, are hereby authorized and impowered to lay out and appoint rules.

V. And be it further enacted, That the sheriff of the Sheriff of county of York, for the time being, shall be and is here- York to be by appointed to be keeper of the said prison, and shall keeper, &c. constantly attend the said court; and is hereby impowered and required to receive and take into his custody all and every person and persons which shall by the said court be committed to him on mean process, or in execution in any civil cause or action, or for any contempt of the said court; and such person and persons in the said prison to detain and keep, until he, she, and they shall be thence lawfully discharged; and to take and receive all such prisoner and prisoners so committed to his custody, such fee and fees as are settled and allowable by law.

VI. And be it further enacted, by the authority afore- His salary said, That there shall be satisfied and paid to the said and how sheriff of York county, for his care and pains in keep- paid. ing the said prison, and looking after the prisoners committed to his custody, and for his attendance on the general court, such allowances, disbursements, and accounts, as shall be thought reasonable by the general assembly of this dominion.

VII. And be it further enacted, by the authority afore- Allowance to said, That if any prisoner who shall be committed to the custody of the said sheriff, or keeper of the said general court prison for debtors, shall be so indigent and poor, that he or she be not of ability to maintain and subsist him or herself in the said prison; then, and in such case, there shall be allowed and paid to such sheriff, as keeper of the said prison, for the relief and subsistence of such poor prisoner, the sum of six pence by the day, for every day such poor prisoner shall remain and be in his custody; to be levied and paid by the general assembly of this dominion.

But no fee to be paid by them to the keeper.

VIII. Provided always, That no fee, or security for a fee shall be paid or given by such poor prisoner to such sheriff, as keeper of the said prison, on any account or pretence whatsoever; nor shall it be lawful for such sheriff, as keeper of the said prison, or his under-sheriff, or any person whatsoever, to detain or keep in his custody such poor prisoner, for not having paid his or her fees due, or pretended to be due to him, by reason of his being keeper of the said prison.

IX. And for the more easy and speedy obtaining of How judg- judgment against any person or persons who shalt be a ments may prisoner or prisoners in the aforesaid prison of the genebe obtained ral court for debtors, Be it further enacted, by the auagainst pri- thority aforesaid, That it shall and may be lawful to

soners in

custody.

and for any person or persons who hath or shall have any cause of action against any prisoner or prisoners, who shall be committed to the said prison after entring an action, and filing or entring a declaration in such action with the clerk of the general court, and delivering a copy of such declaration to any such defendant or defendants; in any personal action or actions, at least one month before the day of the general court to which the said action is entred, and affidavit made of such delivery of such copy of such declaration, before one of the judges of the said court; unless such defendant or defendants shall enter, or cause to be entred a plea to such declaration, with the aforesaid clerk of the general court, at least three days before the day the court to which the said action shall be entred, to obtain judgment in such action against such defendant or defendants; any law, statute, act of assembly, usage, or custom to the contrary thereof, in any wise, notwithstanding.

Edition 1733 and 1752.

CHAP. IV.

An act to enable Francis Yeates, of the county of Richmond, to convey certain entailed Lands to John Tayloe, gent. in lieu of other Lands und Negros of greater value, to be settled to the same uses.

CHAP. V.

Edition 1733

An act to enable John Custis, and Frances, his wife, to sell a Mill, with certain Lands and Negros, which are entailed on the said Frances, by the last will and and 1753. testament of Daniel Parke, Esq. deceased, for paiment of the debts and legacies of the said Daniel.

Signed by ALEXANDER SPOTSWoon, Esq. Governor.
PETER BEVERLY, Speaker.

:

Alex. Spotswood, Esq. Governor.

AT A

General Assembly,

BEGUN AT

The Capitol, the twenty-second day of October, in the 11th year of the reign of our sovereign lady Anne, by the grace of God, of Great Britain, France, and Ireland, queen, defender of the faith, &c. Annoq; Domini, 1712.

From edit.

CHAP. I.

An act for continuing an act, intituled, An act for se. 1733,p.282.) curity and defence of the country, in times of dan

ger.

[See acts of 1705, chap. XXXI. ante vol. 3. pa. 362.]

CHAP. II.

An act to continue an act, intituled, An act for appointing Rangers, and for increasing their pay.

[See acts of 1711, chap. I.]

CHAP. III.

An act for continuing an act, intituled, An act for laying a duty on liquors and slaves, &c.

[See acts of 1705, chap. I. ante vol. 3. pa. 229.]