AN ACT OF RECOGNITION [...].

WE Your Majesty's most Humble and Loyal Subjects of this your Ma­jesty's Province of Maryland, the Governour and General Assembly, do Beseech your More Excellent Majesty's that it may be publish'd and declar'd in this General Assembly and Enacted by the Authority of the [...], That We do Re­cognize and Acknowledge Your Majesty's are, and of Right ought to be by that Laws of the Realm of England our Sovereign Liege Lord and Lady King and Queen of England Scotland France and Ireland and the Dominions thereunto be­longing, in and to whose Princely Persons the Royal Estate, Crown and Dignity of the said Realms, with all Honours, Stiles, Ti [...]les, Regality's, Prerogatives, Powers, Jurisdictions, and Authority's to the same belonging and appertaining, are most [...] [...]ightfully and Intirely Invested and Incorporated United and Annexed.

An Act [...] what shall be good Evidence to prove Foreign Debts.

WHERE AS divers People of the Kingdom of England and other places, have in their Hands Bonds of divers and sundry Persons now residing in this Province, [...] send them to certain Attorneys to be put in Suit against the said Debtors here, which for [...] of a Law to explain, and ascertain what shall be sufficient proof [...] the proving the said Bonds to be the Act and Deed of the Debtor [...] sealed and d [...]verd neither is there any way for the Debtors to discharged [...] of the some if they have satisfied the same, as by bringing the Creditor [...] his Oath, to declare and set forth if he hath received the said Debts or any part thereof, o [...] whether there be not any Ac­counts between the Creditor and Debtor whereby he may discount the [...]ame, [...] to prove his Releases; the Witnesses living [...]emot [...], and impossible to bring them viva voce to give their Testimony therein [...] proves oftentimes very prejudicial to both Parties, [...] prevent which [...] R [...]ress therein for the future, BE IT ENACTED by the King and Queen's most Excellent Ma­jesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That all Debts of Record, whether by Judgment, Re­cognizance, Deed Enroled and upon Record, the Exemplification thereof under the Seal of the County's where the said Judgment was given, [...] the said Judgment was Recorded, shall be a sufficient Evidence to prove the same. And that all o­ther Debts by Bonds, Bills, Accounts or otherwise, that shall from and after the publication hereof be sent hither to be put in Suit against any Person whatsoever, living or residing within this Province shall be proved by the Oaths of the Wit­nesses there unto, by a Notary Publick or other Officer Lawfully Authorized there unto of the County or Place wheresoever it shall happen the said Bonds or Bills [Page 2] shall be sent from; at which time, and [...] which said Publick Notary [...] publick Officer shall be present the Creditors, who shall then likewise [...] Publick Notary [...] other publick Officer of the place so [...] and upon [...] Cor­poral Oath declare [...] said Debt or any [...] that there is not any Accounts between the said Creditor and Debtor [...] which the said Creditor may be likewise indebted to the Debtor [...] the value of the said Debt, or any part thereof for any matter or [...] time of the da [...]e of the said Bond Bill or Instrument, or whether the [...] hath not given to the said Debtor any Release for the same, to be sent together with the proofs under the Hands and Seals of the Publck Notary or other publick Officer thereunto appointed, which if the Creditor shall refuse or neglect to perform or [...], then the said matter and thing by the said Publick Notary o [...] other Officer so [...] them certified as aforesaid, shall not be received as Evidence to prove the said [...]. And if the said Creditor be dead, and his Executor or Administrator Sue such Bond, Bill, Account or otherwise Sue any Debtor for the same, the Executor [...] Administrator in like manner before such Notary Publick or other Officer for [...] purpose appointed, shall set forth and declare upon their Oath whether or no they have not heard the Creditor in his Life time acknowledge that Debt [...] be sa­tisfied, or [...]hether or not upon fight of [...] Ac­counts, they have not [...] Credit given to the Debtor since the Day of the make­ing of the [...] Bills, [...], or beginning of the Accounts so Sued for, all which [...] manner [...]s to be certified by the publick Notary or other Officer [...] [...]ppointed under his Hand and Seal to be sent along to this Country, [...] with the Testimony of the Witnesses that have testified to the said [...], A [...]compts or otherwise, all which if the said Executor or Administrator [...] or neglect to do, then the said matter and thing by the publick Notary or other Officer appointed as aforesaid certified shall not be received in Evidence for valid against the Debtor. Provided though the proofs and Evidences are sufficient that [...] Plai [...]if obtain Judgment for the said Debt, no Execution shall Issue forth a­gainst the Defendant until the Original be given up, or delivered up to the De­fendant of his Attorney, or sufficient and legal Releases in case the Original [...].

And Be it further Enacted that all and every the Attorney [...] Attorneys who shall be imployed in the prosecution of such Suits, shall put [...] pay the Defendant all such Costs and Charges as shall be by [...] expended. [...]n case the [...] cast in the Suit.

[...] likewise, That no bill, bond, Judgment, [...] and of the Staple or other Specialty whatsoever tho [...] and ce [...]ified as aforesaid shall be good and pleadable, or admitted in Evidence against [...] Per­son or Persons of this Province wherein the Debtor and Creditor are both dead, and the Debt, or Thing, or Action above Twelve Years [...].

An Act for the Ircouragement of the [...] into this Province.

WHEREAS Several of the good People of this Province have been discouraged to Import into, [...] within this Province any Negro's and other Slaves, and such as have imported or purchased any such Negro's or slaves, have to the great displeasure [...] Allmighty God, and the prejudice of the [...] of those poor People neglected to instruct them in the Christian Faith, or to [...] or permit them to [...] holy Sacrament of baptism for the Remi­sion of their S [...]ns upon a [...] and ungrounded apprehension, that by becom­ing Christians, they and the issue of their Bodies are actually manumitted, and made free and discharged from their Servitude and Bondage.

BE IT DECLARED AND ENACTED by the King and Queens Most Excellent Majesty's, by and with the Advice and Consent of this present General Assembly and the Authority of the same, That where any Negro or Ne­gro's, Slave or Slaves being in Servitude or Bondage, is or shall become Christi­an or Christians, and have, or hath received, or shall at any time receive the ho­ly Sacrament of Baptism, before or after his her or their importation into this Province, the same is not, nor shall, or ought the same to be deemed, adjudged, construed, or taken to be, or amount unto a Manumition or Free, inlarging or [Page 3] discharging any such Negro or Negro's Slave or Slaves; [...] Issue or Issues, from his her or their or any of [...] Bon­dage or Bondages; but that notwithstanding becoming [...] receiving the holy Sacrament of Baptism, every such Negro or Negro's Slave and Slaves, and all and every the Issue and Issues of every [...] Negro and Negro's Slave and Slaves, is, are and be, and shall at all times hereafter be adjudged, reputed, deemed, and taken to be and remain in Servitude and Bondage, and subject to the [...] Servitude and Bondage to all Intents and purposes, as if he she or they or every or any of them was or [...] in, and subject to before such his her or their becoming Christian or Christians, or receiving the holy Sacrament of Baptism, any Opinion or Matter or Thing to the contrary notwithstanding.

An Act for securing the Rights of several Persons.

WHEREAS many and frequent Complaints have been made by di­vers good People of this Province, who of [...] Years have procured of the Lord Proprietory of this Province Warrants for the laying out and taking up several quantities of Land within the same, and have passed their Bonds to his Lordship, according to his late Conditions of Plantations for the same, and by virtue of their Warrants, the several Surveyors of this Province, had before the Revolution of Affairs within the same surveyed and laid our pursuant to the said Warrants, several Tracts and parcels of Land for them or to their Assignes, and either had returned Certificate of the same unto the Examiner, or had it in their Hands ready to return before the Revolution as aforesaid; but the same Certifi­cate either not arrived at the Land Office of this Province, [...] if the same was, no Pattents as yet granted for the same; and his Lordship [...] shut up the Land Office of this Province, and no Persons being qualified to grant Pattents for the same, they, and others in the like condition are in great danger of loosing the Be­nefit and Estate, of, and in their said Lands so laid out and surveyed as aforesaid. In Tender Consideration whereof, and for prevention of such Inconveniency within this Province, your Majesties most Dutyful and Loyal Subjects the Bur­gesses and Delegates of this present General Assembly pray that it may be Enact­ed. And BE IT ENACTED by the King and Queens most Excellent Majesties by and with the Advice and Consent of this present General Assembly and the Authority of the same, That any Person or Persons whatsoever, being Fr [...] Denizens and Subjects to the Crown of England, that at any time hereto­fore within the space of five Years last past had obtained of his Lordship the Lord Proprietor of this Province; himself, or from any Person by from or under him, a­ny Warrant or Warrants for any parcel or parcels of Land either [...] or to be taken up within this Province, and by virtue of which, any parcel or par­cels of Land whatsoever, was by any Lawful Surveyor of any County within this Province surveyed [...] my time before the Revolution of Affairs or before the tenth Day of July, One Thousand Six Hundred Eighty and Nine, and no Pattent as yet from his Lordship granted for the same, such Person or Per­sons by himself or his Attorney, at any time within twelve Months from and af­ter the publication of this Law in the County where such Land lieth, appearing before the Justices of the respective County in which the Land lieth as aforesaid, and producing to the Justices of the said County Courts a Certificate under Hand of such Surveyor as made the Survey of any parcel or parcels of Land as afore­said, and proving the same by the Oath of such Surveyor i [...] living, or by the Book of such Surveyor or other Evidence if the Surveyor be dead; that the same parcel or parcels of Land was really and Bona Fide laid out and surveyed for such person or persons by Warrant for the same, before the Revolution of Affairs in this Province in the year aforesaid, and filing the said Certificate and Oath in the Records of the said Court, it shall and may be Lawful to such person or per­sons to have, use, occupy, possess and enjoy all such Lands and Tenements so laid out and surveyed as aforesaid.

And it is hereby Declared and Enacted that such person or persons shall have and enjoy a pure and Lawful Estate of Inheritance in Fee Simple, of in and to all such parcel or parcels of Lands and Tenements according to the Conditions of Plantations, upon which such Warrants were granted as aforesaid, together with [Page 4] all [...] Grants and imm [...]ities whatsoever, incident appertaining [...], altho' not in this Act so largely and paticularly expressed, but as fully and absolutely, as if a Pattent from his Lordship had been granted for the same, any Law Statute or Usuage to the contrary hereof in any wise notwith­standing.

An Act for Limitation of certain Actions for avoiding Suits at Law.

FORASMUCH as nothing can be more Essential to the [...] and Tranquility of this Province, than the quieting the Estates of the inhabi­tants thereof, end for the effecting of which, [...] better measures can be taken than a Limitation of Time for the Commencing such Actions as in the several and Respective Courts within this Province are brought from the time of the Cause of such Actions arising.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present [...] General Assembly and the Authority of the same, That all Actions of Trespass, Qua [...]e Clausum fregit, all Actions of Trespass, Detinue, Surtrover, or Replevin for taking away Goods and Chattels, all Actions of Accompts, Contract, Debt, Book, and upon the case o­ther then such Accompts as concerns the Trade of Merchandize between Mer­chant and Merchant, their Factors and Servants which are no [...] Residents within thi s Province, all Actions of Debt for sending or Contract without Specialty, all Actions of Debt for Arrearages of Rents, all Actions of Assault, Menaces, Ba [...] ­tery, Wounding and Imprisonment, or any of them, shall be sued or brought by a­ny Person or Persons within this Province at any time [...] the [...] of this pre­sent General Assembly, shall be commenced and sued within the time and [...] hereafter expressed and not after, (that is to say) the said Actions son Ac­compt, and the said Actions for Debt, De [...]in [...]e, and Replevin for Goods [...] Ch [...]ttels and the said Actions for Trespass, quare Claisum fregit, within [...] [...]ears ensuing the Cause of such Action and not after; and the said Action on the Case for Words, and Actions of Trespass, of Assault, Battery, Wounding and imprisonment or any of them, within one Year from the time of the Cause of such Action arising and not after.

And Be It Further Enacted by and with the Advice and Consent aforesaid, That in all Actions of the Case for Slanderous Words to be sued or prosecuted by any Person or Persons in any Courts of Record of this Province, that hath power to bold Plea of the same, after the end of this present Assembly, if the Jury upon the Tryal of the Issue in such Action, or the Jury that shall inquire of the Damages do find or assess the Damages under 40 [...] then the Plantif or Plantifs in such Action or Actions shall have and recover onely so much Costs as the Damages given or assessed amounts unto.

And Be It Further Enacted by the Authority aforesaid, That if any Person or Persons In [...]ituled to any the Action or Actions aforesaid, shall be at the time of any such Cause of Action accrewing within the Age of One and Twenty Years [...] Covert non Compis Mertis. Imprisoned, or beyond the Seas, that then such Person or Persons shall be at Liberty to bring the same Action or Actions within such time as is before [...]mited, after their coming to, or being of full Age, Disco­ver [...] Sound Memory, at Large or returned from beyond the Seas, as other persons having no such Impediment might or should have done.

And Forasmuch as divers Disputes formerly arose, whether persons absenting the Province, or wandring from County to County, until the time by the late Act for the Reasons and purposes aforesaid limited and allowed were Expired, should have any benefit thereby, and different Judgments given thereon in the several and Respective County's within this Province, for that the said Act was therein alltogether silent.

Be I [...] Therefore Enacted by the Authority aforesaid, That from and after the publication hereof, no person or persons whatsoever absenting themselves out of this Province, or that shall remove from County to County after any Debt con­tracted, whereby the Creditor or Creditors may be at an uncertainty of finding out the said person or persons, or his or their Effects, shall have any benefit by the Limitations and Restrictions in this Act specified. Provided allways, That it is the true Intent and Meaning hereof, that this Act or any thing herein con­tained, [Page 5] shall be const [...]ed [...]puted or taken to [...] himself or Family from one County to County [...] any person leaving this Province for the time and [...] this Act [...] the benefit thereof, he leaving Effects sufficient, and known for the payment [...] of his just Debts, in the Hands of some person or persons who will [...] payment thereof to his Creditors, any thing in this Act contained to the [...] any wise notwithstanding.

An Act for the Naturalization of John Ouldson and [...] Vander-heyden.

An Act for publication of all Laws within this Province.

FORASMUCH as many new Laws have been made this present Assem­bly, [...] the [...] of the [...] People of this [...] is much con­cerned, and divers old Laws not sufficiently pro [...]ding against the [...] by them to be punished have been made more penal, to the end many people of this Province evilly disposed, may be deterred [...] evil doing▪ and that notwith­standing all the laws, intend that every person in this Province is bound [...]o take [...] of what is passed in the Assembly, because every person is there present [...], yet his Excellency the Governour, the Council and As­sembly [...] not the destruction of the very worst of the people of this Province no [...] that they [...] overtaken by any Intendment in Law in a penal Act, tho [...] all too [...] for the [...] it intends to punish, do think fit that it [...]e enacted, and BE IT ENACTED by the King and Queen's most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That from henceforward all the Acts that shall pass from this and all the succeeding Assemblies, shall be from time to time fairly [...] into Parchment and by write under the great Seal of this Province from time to time be passed by the Chancellor for the time being, to the Sheri [...] of [...]ack respective County be transmitted and commandment to them in the said W [...]ts shall be given as well the said Acts in them several and respective County's, in that place to them shall seem most convenient [...] and proclaim all the said Acts of Assembly, to be firmly observed and kept

And Be it Further Enacted by the Authority aforesaid, That every several and respective County shall from time to time pay to the Chancellor for the time be­ing for such transcript of the Laws so much Tobacco, as by the said General As­sembly in which the said Laws were made shall assess and allow.

An Act for taking away all Errors in Proceedings at Law and Equity, and in the Court for Pro [...]at of [...] &c. occasioned by the late Revolution.

WHEREAS upon the late Revolution, divers Differences and Distur­bances did arise and happen within this Province, which occasioned many Errors and Irregularities in Proceedings of Law and Equity, and in the Court for Probat of W [...]lls to be committed for preventing of all Disputes and Troubles that may happen thereupon.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That all Bills, Plaints, Process, Pleas, Judgments, Indict­ments, Informations, Proceedings, Causes, Matters and Things whatsoever, com­mented or depending in any of the said Courts, since the [...] Day of April 1690 shall be good and effectual notwithstanding any Errors therein contained by dis­continuances or otherwise whatsoever, by reason of the said late Troubles.

Provided nevertheless, That no person or persons whatsoever shall have, or take any benefit of this Act for any Error or Mistake in any of the Processes Pleas or other Proceedings not occasioned by the said late Troubles, but that the same shall [...] and be as if this Act had never been made, any thing herein con­tained [Page 6] to the contrary thereof in any wise notwithstanding.

And forasmuch as by [...] of the late Revolution, all Judicial Proceedings were impeded and hindred for above two Years last past viz. from the Year of our Lord 1690, to this present time, being the Year of our Lord 1692.

Be It Enacted and Ordained by and with the Advice and Consent aforesaid and the Authority of the same, That the said Years shall not be accounted as Years included and meant in the Statute of Limitations for payment [...] of Debts, due by Bond Bill or Judgment, or in the Clause for the due [...] of Certificates upon Warrants for Land granted, or Suing out of [...] according to the directions and Instructions of any of the Lord [...] of Plantations, [...] in the Clauses [...] for Lands [...] in his Lordships Conditions of Plantations, but that in those and such like cases, the said Years of our Lord be passed by and not accounted for those Years thereby meant or mentioned

An Act against Ingrossers and Regraters.

FORASMUCH as hitherto no Law hath been made within this Pro­vince for restraining and prohibiting Ingrossing and Regrating, the undue and too frequent practice whereof hath been made, and still is highly oppressive and injurious to the greater part of the Inhabitants of this Province, who are [...] means thereof deprived and wholly prevented from the [...] of laying [...] Cropps of Tobacco or any part thereof with the Merchant, Adventure [...] Factors or others, bringing all sorts of Goods Merchandizes and Servants for [...] purchase thereof, whilst a Covetous and Active Sort of People, but few in [...] of the Inhabitants of this Province do buy and purchase all, or most part of the Goods Merchandizes and Servants yearly brought into this Province, (without Consignment) for the purchase of Tobacco. And albeit they have no [...] Tobacco of their own, whereby to pay for the Goods Merchandizes and Servants so by them from time to time bought and parchased, nevertheless, such is the [...] of the Province, that within a few days after such purchase, they can Regrate [...] said Goods Merchandizes and Servants and be ready for another Market, [...] by not onely Inhancing the prizes of all Goods Merchandizes & Servants & be rea­dy for another, but making several returns in one Shipping season, and in the mea [...] time the greater Number of the Inhabitants of this Province are disabled and total­ly hindred from selling their Cropps of Tobacco, unless it be to and with the [...] said Huksters, or some [...] one of them at their own dear Rates and Prizes, for [...] ­vention therefore of so great a Mischief for the future, Be It Enacted by the King & Queens most Excellent Majesty's by and with the Advice and Consent of this present general Assembly & the Authority of the same, that whatsoever person or per­sons, that from and after the publication hereof shall Ingross, or get into his her or their Hands or Possession, by buying contracting or promise, taking within this Province any Goods or Merchandizes whatsoever, or Servants; to the Intent to sell the same again within the space of six Months, and the same, or any part thereof shall within that time sell again for ready Tobacco, or for Tobacco to [...]e paid the Shipping happening at the time of such first Sale, or for Tobacco to be Shipped for payment of [...] the payment of any Bill or Bills of Exchange, to be drawn for the payment of the said Goods Merchandizes or Servants, with intent to clude the benefit of this Act, or the same Goods Merchandizes or Ser­vants shall transport out of this Province, shall be accepted reputed and taken for an unlawful Ingrosser and Regrater, and shall suffer such pains penalties and for­feitures hereafter expressed, any Law Statute Usuage or Custom to the contrary hereof in any wise notwithstanding.

And Be It Enacted by the Authority aforesaid, That if any person or persons from and after the publication hereof offend in any of the things before [...], and being thereof duly convicted, by confess [...]on of the party, or the Oaths of two Witnesses before the justices of th [...] Provincial Court, or the Justi [...]s of the Coun­ty Courts for the time being where the Offences were committed, shall for his her or their first Offence have or suffer Imprisonment for the space of two Months without Bail or Mainprize, and shall also loose and forfeit the value of the Goods Merchandizes or Servants so by him or them bought or had, and if any person or [Page 7] persons Lawfully convicted or attainted as aforesaid, of [...] for th [...] second [...] and be thereof Lawfully convicted or attainted [...] that then every per­son or persons so offending, shall have and suffer [...] their second [...] Imprisonment for the space of of one half Year without Bail or Mainprize, [...] and shall loose the double value of all the Goods Merchandizes or Servants so by or them bought or had as aforesaid.

[...] Further Enacted by the Authority aforesaid, That if any person or persons [...] Lawfully twice convicted or attainted as aforesaid, of [...] for the [...], and shall again offend the third time, and be thereof Lawfully [...] or attainted, that then every person for the third Offence shall be [...] the [...] in the City Town or in the full County where he shall then inhabi [...] and dwell and loose and forfeit all the Goods and Chattels he or they have to their own use, and also be committed to Prison there to [...] the term of one whole Year, the one moiety of all which Forfeitures to be to our Sovereign Lord and Lady the King and Queen for the Support of the Government of this Province, and the other moiety thereof to the Informer, or him or them that shall sue for the same by Bill Action of Debt, Plaint or Information in any Court of Record within this Province, [...] no Essoyn or Wager of Law is to be allowed.

Provided that this Act or any thing therein contained, shall not debar or be con­strued to debar or hinder any person or persons whatsoever within this Province by or [...] of any Goods or Merchandizes by him or them so bought or purchased [...] aforesaid, to [...] and pay unto any Workman or Servant the hire or wages of [...] them due for any work or service whatsoever.

An Act concerning Indians.

TO the End no breach of Peace may happen betwixt the Neighbouring In­dians and the Inhabitants of this Province, BE IT ENACTED by the King and Queens Most Excellent Majesty's by and with the Advice and Con­sent, of this present General Assembly and the Authority of the same, That any one whosoever shall take, intice surprize, transport, or cause to be transported, or sell and dispose of any Friend Indian or Indians whatsoever, or endeavour or at tempt so to do, without Licence from the Governour for the time being, [...] all Ac­cess [...]y's thereunto shall be fined and imprisoned at the Discretion of the Gover­nour and Council for the time being, howbeit any one Informing or causing such Offender or Offenders to be apprehended, shall have Satis-faction for his pains and Indulgence therein as the Governour and Council shall think fit.

An Act Limiting [...] Extent of Attachments, [...] d [...]providing what shall be Leavied on Attachments and Executions.

FOR Settling the manner of Proceedings on Attachments and Limiting the Extent of them, and providing what shall be Leavied on Attachments and Executions.

BE IT ENACTED by the King and Queens Most Excellent Majesty's by and with the Advice and Consent of this present Genearal Assembly and the Authority of the same, That from henceforth no Attachment shall Issue out of any Court of this Province before a Writt [...] Summons be first made out, upon which Writt if the Party Defendant be an Inhabitant or Resident within this pro­vince and the Sherrif shall [...] a non est inventus, one other Writt or Sumons [...] thereupon in manner aforesaid Issue forth against the said Defendant, and if the Sherrif shall upon the Second Writt or Summons return [...] est inventus likewise, an Attachment shall and may thereupon in manner and form hereafter set down and be awarded, and in case any Writt or Summons shall Issue forth of any of their Majesty's Courts within this Province against any person or persons [...] out of this Province, in such case, upon the return of a non est inventus by [...] Sherrif on such Writts or Summons, and the Party Plant if his leaving [...] Attorney of such absent Defendant (if he hath left an Attorney) a Copy [...] [...]his Declaration or short Notes expressing the true cause of [...], or if he [...] no Attorney, then the Plantif leaving a Copy of the said Declaration [...] expressing the true cause of A [...]tion at the House where [...]he said [...] did last reside or dwell, and making such proof of his Action at the said [...] [Page 8] Courts shall think [...] shall and may [...]e Lawful for the Justices [...] Courts to award an Attaches [...] the Goods Chattels and [...] said absent Defendant so [...] and no [...] appending [...] Action, which are or shall be in the [...] possession of any person or persons whatsoever, yea even in the Plaintiffs own hands for the Defendants use [...]it this Province, in which said Attachement there shall be a Clause commanding the [...] of the respective County's at the time of executing the soul Attachments [...] known to each person & persons in whose hands and possession the said [...] and Credits so as aforesaid in their hands attached should not [...] and [...] thereof had and made as in other cases of Recovery [...] given [...] Courts of Record, at which Day of Return of the said [...] the said Defendant shall no [...] then appear, nor the Garnishee in whose hands the aforesaid Good, Chattels and Credits of the Defendant were attached [...] cause [...] the contrary, the respective Courts shall and may condemn the said Good Chattels and Credits aforesaid, so as aforesaid attached and awarded; Execution thereof to be [...]ad and made, either by Capias ad sa [...]eiendum [...] otherwise [...] other Judgments, [...] said Plantif so prosecuting as afore­said, giving good and sufficient Security before the Justices of each respective Court [...] for the use of the said Defendant so as aforesaid, being not found [...] this Province or absent out of this Province as aforesaid, to make [...] of the said Goods Chattels or [...] so as aforesaid condemned on the value [...] of [...] the Defendant so as aforesaid prosecuted, shall at any time [...] and a Day to be accounted from the Day of the said Attachment [...] and either in Person, or by Attorney appear to the said Original Act, on against [...], and make it appear that the said Plantif hath been and is satisfi­ed and paid the Debtor Demand [...] the [...] Action, [...] otherwise in Court discount or [...] the said Plantif of the same or any part thereof, which said Con­demnation and Execution of the said Goods Chattels or Credits of the said De­fendant, in the Hands of the Garnishee or Garnishees as aforesaid ha [...] and made, shall be [...] and plea [...]able [...]n Barr, by the said Garnishee or Garnishees [...]n a­ny Action brought against him or them by the said Defendant for the same.

Provided always, that no Sherrif shall Leavy by way of Execution as aforesaid, against any the said Garnishee or Garnishees any more than the Plantifs Debt and Cost, not against any Garnishee or Garnishees then what the said Plantif in the said Action shall make appear to the said respective Courts, to [...] of the said Goods Chattels and Credits of the said Defendant in the Hands of each respective Garnishee or Garnishees, together with such Cost onely as the Garnishee or Gar­nishees shall put the Plantif to, by d [...]ving himself to be indebted unto such De­fendant and contesting the same. Provided also that no Sherrif in any County within this Province, shall by any Attachment or any other Execution had upon such Attachment, [...] any other [...] whatsoever [...] any Court of this Province Leavy, Seize or take the Goods and Chattels of any the Inhabitants within this Province, so far as to deprive them of all Livelyhood for the future, but that Corn for necessary Maintenance, Bedding, Gun, Ax, [...] and Labourers necessary Tools, and such like Houshold Impliments and Ammunition for Sub­sistance shall be protected, from all Attachments and Executions whatsoever.

Provided also that such as shall be [...]ound by proof or other Circumstances, will­fully to absent themselve, into the Woods or elcewhere from the Sherrifs Sight, whereby they cannot be found to be brought to Tryal, and such also as shall be absent by [...]light or Prescription out of this Province to be avered upon Oath shall have no benefit of any [...] interpretation of this Law.

And Be it Enacted by the Authority aforesaid, That from henceforth any per­son or persons having obtained any Judgment in any Court of this Province, or that shall hereafter obtain any Judgment in any Court of this Province against any person or persons, it shall and may be Lawful to and for the said Plantif in the said Judgment at his Will and Pleasure, instead of any other Execution, with­out those previous Requisites as above in this Act prescribed and directed, to take out an Attachment against the Goods Chattels and Credits of the said De­fendant in the said Judgment in the said Plantifs own Hands, or in the Hands of any other person or persons whatsoever; which said Attachment shall likewise have the Clause aforesaid, Commanding the Sherrif of the said County to whom [Page 9] it shall be directed at the time of [...] the said Attachment, to make known to each person or persons [...] whose Hands and Possessions [...] Chattels and Credits of the said absent Defendant shall be attached, that he be and appear at the Respective Courts at the Day of the Return of such Attachment, to shew cause [...] if they have any [...] why the said Goods Chattels and Credits so as above said in their Hands attached should not be condemned, and Execution thereof [...] as in other Cases of Recoverys or Judgments given in Courts of [...] Day of the Return of the said Attachment, if the said [...] then appear, nor the said Garnishee, is whose Hands the said [...] and Credits of the said Defendant were attached, to shew [...] to the contrary, the said Respective Courts shall and may Condemn the said Goods Chattels and Credits aforesaid so as aforesaid attached, and award Execution thereof to be had and made, either by Capias ad satisfaciendum, fieri facias or otherwise, as the said Plantif might have had against the Defendant him­self on the Judgment aforesaid provided as aforesaid, which said Condemnation & Execution of such Goods Chattels & Credits of the said Garnishee as aforesaid had & made, shall be sufficient & pleadable in Barr by the said Garnishee or Garnishees in any Action brought against him or them by the said Defendant for the same.

An Act Imposing a penalty on all such who shall dispose of Tobacco Seized and Received by the Sherrifs and others.

WHEREAS livers great Grievances have happened within this [...], through the many Chears and Deceits that many have used in disposing and [...] marks and quality's of Tobacco after the said Tobacco hath been Seized and Received by the Sherrifs either for Fines or Leavies, or hath been paid away to Merchants or others and by them marked and Received, whereby the publick have been much abused and wronged, and many private per­sons have Received [...] in the said Goods.

BE IT THEREFORE ENACTED by the King and Queens most Excellent Majesty's by [...] the Advice and Consent of this present General Assembly and the Authority of the same, That what Person soever shall dispose of any Tobacco or other [...] Seized on and Received by the Sherrif for Fines or Leavy's or other publick Officers Fees, or that shall alter or scratch out the mark of any Tobacco so Received, or shall alter or change the quality of Tobacco so Received; [...] by any Merchant or others Received, either by uncasing or other­wise, [...] Lawful Order or Warrant in Writing under the Hand of such Sherrif [...] the same, or of such Merchant or other Person who had re­ceived and [...] the same, or for whose use the same was received and marked, shall [...]e by [...] Convicted by Confession or sufficient [...] some Court of this Province to [...] four fold to the party grieved, and stand in the Pil­lory two full Hours [...] time, with his Offence fairly written in a piece of paper and placed [...]. Provided that no person shall be im­pleaded or prosecuted upon this Act after three Years from the time that the Fact shall be committed.

An Act for appointing Coroners in each Respective County.

WHEREAS there has many Inconveniency's happened in this Pro­vince for want of appointing Coroners in [...] County.

BE IT ENACTED by the King and Queens Most Excellent Majesties by and with the Advice and Consent of this present General Assembly and the Au­thority of the same, That the Governour for the time being do Constitute and ap­point such person or persons from time to time to be Coronets, as he shall judge most able and best qualified for that Office in each respective County in this Pro­vince, And Be It Further Enacted by the Authority aforesaid, by and with the Ad­vice and Consent aforesaid, that the Governour give out Commission to such per­sons, to the Intents and purposes aforesaid, and that the same as near as may be, concur with the Laws and Constitution of England. And that an Oath be Admini­stred to every such Coroner by appointments of the Governour of their entring into the said Office according to the form of the Oath of a Coroner in England.

An Act for the appointment of certain Officers.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That the Justices of Peace in every County at the first County Court, held after Michaelmas shall nominate and appoint some Inhabitant in every Hundred or Precinct, who shall execute all Precepts or Warrants to him directed, and shall in all things have the like power within the said Hundred or [...] as any Constable hath or ought to have in a Hundred or [...] in England, by the Law or Custom of England; and the said Constable shall [...] the [...] mentioned in an Act made in the first Year of their said Majesty [...] An Act for abrogating the Oaths of Supremacy and Allegiance in manner and form following. ‘You shall Swear you will well and truly Serve out Sove [...]rign Lord and Lady King William and Queen Mary in the Office of a Constable, you shall see and cause that their Majesty's Peace be well and duly kept according to your power, you shall arrest all such persons as in your presence shall commit any [...], Pray, or other breach of their Majesty's Peace, you shall do your best en­deavour upon complaint to you made to seize all Felons, Barretors, Riorers, or persons riotously assembled, and if any such Offender shall make any Resistance with Force, you shall Leavy Hue and Cry and pursue them until they be taken, you shall do your best endeavour that Hue and Cry he duly raised and pursued a­gainst [...], and other felons & [...] servants, & the Laws & Or­ders 'gainst vagabonds & such other idle persons coming within your [...] put in execution, at your County Courts coming you shall persons all Offen­ces done against the several Acts made for the suppressing of [...], and also true presentment make of all Bloodsheds, Affrays, Outcries, Rescues and o­ther Offences committed against their Majesty's Peace within your Limits, your shall well and truly execute all Precepts and Warrantee to you directed from the Justice of Peace of this County or higher Officer, [...] shall well and truly according to your knowledge power and ability [...] execute all things be­longing to the Office of a Constable so long as [...] in this Office, So help you God.’ And if the person so nominated [...] shall refuse to serve in the said Office by himself or his Deputy, or [...] when tendered to him by the Justices of Pea [...] as aforesaid, shall [...] of five hundred pounds of Tobacco one moiety thereof to their Majesty's their heirs and Successors, for and towards the Support of this Government, and the other [...] to the Church Wardens of the Parish in which he shall dwell or reside, to be [...]covered by Bill Plaint o [...] Information wherein [...]o Essoyn Protection or [...] shall be allowed, or suffer two Months Imprisonment without Bail or Mainprize.

Be It Further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that all persons whatsoever that shall hereafter be nominated or appointed to be Justices of the Peace, Sherrifs or Coroners within this Pro­vince, by his Excellency the Captain General or Governour in Chief for the time being, that refuses to execute the Office of Justice of Peace Sherrif or Coroner within this Province, o [...] to take the Oaths aforementioned in the Act of Parlia­ment aforesaid made, and the Oaths of Justice of the Peace Sherrif or Coroner shall forfeit to our Sovereign Lord and Lady the King and Queen their Heirs and Successors 1000 [...] Tobacco for the uses aforesaid, to be recovered [...] aforesaid of four Months Imprisonment without Bail or Mainprize.

And Be It Further Enacted by the Authority aforesaid, that whosoever shall be Summoned by Writ out of any Court of Justice of this Province to serve as a Juror in any Tryal in any Court within this Province and refuse to serve in any Cause depending whether Criminal or [...] (not being by any other Office exempted) and thereunto Lawfully required, shall forfeit to their said Majesty's their Heirs and Successors the Sum of five hundred pounds of Tobacco for the uses aforesaid, to be recovered as aforesaid, or two Months Imprisonment without Bail or Main­prize.

And Be It Further Enacted by the Authority aforesaid, that whosoever being by Writ Lawfully Summoned and thereby required to serve as a Witness in this Province, and shall refuse to testifie upon Oath in any case depending whether Criminal or Civil, shall forfeit to our Sovereign Lord and Lady the King and [Page 11] Queen their Heirs and Successors the Sum of five hundred pounds of Tobacco [...] the uses aforesaid, to be recovered in manner as aforesaid, or suffer two Months Imprisonment without Bail or Mainprize. Provided this Clause shall not extend to People called Quakers.

Provided that this Act not any thing therein contained shall no [...] extend or be in [...] to extend to the prejudice of any the Lords of Mannors within this Province, in their priviledges of appointing Constables within their respective [...].

Provided that if any person dissenting from the Church of England shall hereafter [...] chosen or otherwise appointed to bear the Office of high Constable Church Warden or Overseer of the poor or any other Parochial or Ward Office and such person [...] scruple to take upon him any the said Offices in Regard of the Oaths or any other matter or thing required by the Law to be taken and done in respect of such Office, every such person shall and may execute such Office or Imployment by his sufficient Deputy by him to be provided that shall comply with the Laws on this behalf. Provided always that the said Deputy be allowed and approved of by such person or persons in such manner as such Officer or Offi­cers respectively should by Law have allowed and approved.

Provided nevertheless, that it shall be Lawful for any Justice of the Peace or o­ther Magistrate Lawfully Authorized to commit and punish such person or persons as shall refuse to take the Oaths mentioned in the said Acts of Parliament accord­ing to the appointment thereof, the same Oaths being rendered unto him or [...] in such manner as the said Act directs and appoints, any thing herein con­tained [...] the contrary thereof in any wise notwithstanding.

An Act for punishment of Persons suborning of Witnesses, or committing willful and Corrupt Perjury.

WHEREAS several Persons void of Grace and the Dread of the Almigh­ty have and do still continue for small profits accrewing to themselves to commit willful and corrupt Perjury, or cause or procure the same to be committed, either out of a design for the reasons and purposes aforesaid, or meerly to revenge an imaginary Injury done them to the great prejudice of divers of their Majesty's Loyal Subjects inhabiting within this Province, and forasmuch as the Laws of this Province heretofore made for the prevention of the like mischiefs and incon­veniency's [...] upon a [...] and deliberate Consideration by this present Gene­ral Assembly [...] found altogether inconsistant with the Constitution of this Pro­vince; [...] of England in such cases made and provided.

BE IT [...] ENACTED by the King and Queens [...] Ex­cellent Majesty's [...] and with the Advice and Consent of this present General Assembly and the Authority of the same, That if any person or persons whatsoe­ver from and after the publication hereof shall [...] his corruptly procure a­ny Witness or Witnesses by Letters, Rewards, Promises or by any other [...] unlawful Labour or Means whatsoever, to commit any wilful and corrupt Perjury in any matter or cause whatsoever now depending, or which hereafter shall de­pend in Suit and Variance by any writt, Action, [...], Complain [...] or Information in any wise touching or concerning any Lands Tenements Hereditaments or any Goods, Chattels, Debt or Damages in any of the Courts of Record within this Province, or that shall unlawfully and corruptly procure or suborn any Witness or Witnesses from and after the publication aforesaid, to be Sworn to testifie [...] per­petuam Rei Memoriam, that then every such Offender or Offenders being thereof Lawfully Convicted or Attainted loose and forfeit the Sum of fourty pounds Ster­ling, and if it happen any such Offender or Offenders being Convicted or attainted as aforesaid, shall not have Goods or Chattels Lands or Tenements to the value of fourty pounds as aforesaid, then every such person or persons so being Convicted or Attainted as aforesaid, shall for his or their said Offence suffer Imprisonment for and during the space of one whole Year without Bail or Mainprize, and stand upon the Pillory for the space of one full Hour at the Pillory next adjoyning to the place where he she or they shall be Convicted as aforesaid

And Be It Further Enacted by the Authority aforesaid, That no person or persons being Convict or Attaint as aforesaid, shall be from thenceforth [...] [Page 12] as a Witness to be deposed and Sworn in any Court of Record within this Pro­vince, until [...] as the judgment given against such Person or persons be Re­versed by Attaint o [...] otherwise, and that upon every such Reversal the parties grieved to recover his her or their Damages against all and every such person or persons as [...] procure the said Judgment so Reversed, to be given against them [...] any of them by Action or Actions upon his her or their Case or Cases accord­ing to the common Course or Courses of the Laws of this Province.

And Be It Further Enacted by the Authority aforesaid, that if any person or per­sons, after publication hereof, either by subornation, unlawful [...] perswas [...]on or means of any other, or by their own Act, Consent, or Agree­ment wilfully and corruptly commit any manner of wilful Perjury by their [...] in any Court of Record within this Province as aforesaid, or being exa­mined in perpetuam [...] Memoriam, that then every person or persons so offend­ing and being thereof duly convicted or attainted by the Laws of this Province, shall for his or their Offence loose and forfeit twenty pounds Sterling, and suffer Imprisonment the space of six Months without Bail or Mainprize; and the Oaths of any such person or persons so offending from thenceforth not to be received in any Court of Record within this Province, until such time as the Judgment against any such person or persons shall be Reversed by Attaint or otherwise as aforesaid, and that upon every such Reversal, the party's grieved to recover their Damages as aforesaid, and if it happen that the said Offender or Offenders so offending, shall not have Goods and Cha [...]tels to the value of twenty pounds, then he she or they shall be set on the Pillory next adjoyning to the place where he she or they shall be convict as aforesaid, and to have both Ears [...], and be [...] thence form to be discredited and disabled for ever to be Sworn in any the Courts of Re­cords aforesaid until such time as the said Judgment be Reversed, upon which he she or they shall recover his her or thou Damages in manner and form as is before mentioned, the one moiety of all the said [...] to be to our Sovereign Lord and Lady the King and Queen for the Support of Government, and the o­ther moiety to such person or persons as shall be grieved hindred or molested, by reason of any the Offence or Offences before mentioned that will Sue for the same by Action of Debt, Bill, Plaint or Information or otherwise, in any Court of Re­cord within this Province, wherein no Essoyn Protection or Wager of Law shall be allowed

And Be It Further Enacted by the Authority aforesaid, That if any person or persons upon whom any Process out of any the Courts of Record within this Pro­vince shall be served to testifie or depose concerning any Cause or [...] depend­ing in any of the same Courts relating to the pr [...]misses, and having [...] unto him or them according to their Estate or Calling such reasonable Sum of Money or Tobacco for his and their Cost and Charges, as having Regard to the distance of the place in that behalf is necessary to be allowed, do not appear according to the Tenor of the said Process having not a lawful reasonable [...] or Impediment to the contrary, that then the party or party's so making default shall forfeit and loose for every such Offence ten pounds Sterling, and to yeild to the party griev'd such further Recompence as by the direction of the Judge of that Court out of which the said Process shall be awarded, according to the Loss and Hinderance that the party which procured the said Process shall sustain by reason of the non appearance of the said Witness or Witnesses the said several Sums to be recovered by the party so grieved against the Offender or Offenders by Action of Debt Bill Plaint or Information in any of their Majesty's Courts of Record in this Province, wherein no Essoyn Protection or wager of Law to be allowed.

An Act for Settlement of an Annual Revenue upon their Majesty's Governour within this Province for the time being.

WHEREAS by an Act of Assembly formerly made Entitu [...]ed An Act for providing a Support for the Lord Proprietary of this Province, and like­wise A Supply for de [...]aving the publick Charges of th [...] Government; it was by the said Act published and declared that from and after the first Day of September then next ensuing there should be Raised, Leavied, Collected and paid to the said Lord Proprietary the Sum of two Shillings Sterling for every Hogshead or quantity of a [Page 13] Hogshead of Tobacco which should be at any time hereafter Shipped in any Ship or Vessel to be Exported out of this Province, on Condition that his said Lordship should Receive his Rents and Fines for Alienation of [...]ands in good Sound Mer­chantable Tobacco when tendered at the Rate of two pence per pound for one moiety of of the said Imposition, the other moie [...]ty by the said Act raised to be imployed towards the maintaining a constant Magazine, and defraying other publick [...] necessary charge, of the Government, and whereas the Free Men of this Province [...] Assembled, upon strict Scrutiny made into the premisses, do finde his still Lordship hath not onely been very deficient, and at small Charges and [...] maintaining a Magazine as aforesaid, but that this Province hath been obliged to defray all publick Charges arising for the Support of Government, by way of an Equal Assessment upon the Inhabitants thereof, the several Provison in the afore recited Act to the contrary notwithstanding. And whereas also his said Lordship the aforesaid moiety of two Shillings per Hogshead under pretext of maintaining a Magazine as aforesaid, hath hitherto converted the same to his own use, to the impoverishing of the Country and defraud of the publick, and being now incapacitated of complying with what by the said Act for the said moiety of [...] Shillings per Hogshead is required.

BE IT THEREFORE ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That the said one shilling per hogshead for the de [...]raying the charges of Government aforesaid, commencing from this present Shipping as well for such Ships or Vesse [...]ls as have already cleared before the making of this Act, as for such remaining in this Province, be Raised, Lea­vied, Collected and paid unto our Sovereign Lord and Lady the King and Queens most Excellent Majesty's their Heirs and Successors for the Support of their Go­vernment for the time being in and over this their Majesty's Province aforesaid, & the Territories to the same belonging, for every Hogshead and quantity of an Hogshead of Tobacco which hath been for and during the time aforesaid, or which hereafter [...] at any time Shipped in any Ship or Vessel to be exported out of this Province, or any the Territory's, Islands, Ports, Rivers, Creeks, or Places thereunto belonging as aforesaid.

And Be It Further Enacted by the Authority aforesaid by & with the Advice & Consent aforesaid, that the said duty & Imposition shall be from time to time paid & satisfied by the Master or Masters of every such Ship or Vessel respectively, in which any such Tobacco shall be exported upon his or their Clearing, and ta­king out his or their dispatch or dispatches or every such respective Ship or Vessel and before the departure of such Ship or Vessel coming into this Province, shall at their first Arrival here and before their loading on Board any Goods or Com­modity's, of the Growth, Production or Manufacture of this Province, give good and sufficient Security to his Excellency, or to the Officer thereunto espe­cially appointed for the payment of the said Duty or Imposition accordingly.

Provided always, and it is the [...] and meaning hereof, that this Act nor any thing herein contained shall be adjudged, construed, reputed, or taken a­ny thing herein expressed to the contrary notwithstanding, to disanul or make void his Lordships Right to the other [...] of the said two Shillings per Hogs­head, to be paid in consideration of his Rents and [...] Money, in Tobacco at two pence per pound during the term of his Natural Life; (but that the same be kept and hereby preserved to his Lordship in as full and ample manner as by the said Law is expressed or intended) or in the least [...] discharge his Lordship of Receiving the Rents aforesaid at two pence per pound as by the said Act is in­joyn'd during also the term of his Natural Life nor to discharge his Lordship from accounting for the Arrears of the one Shilling per Hogshead for Supporting the Government, and finding Arms and Ammunition; but that he be obliged to all the aforesaid matters and things as fully and strongly as if the said Law were in full Force.

And Be It Further Enacted by the Authority aforesaid, That every Master of a Ship or Vessel as aforesaid, at the time of his clearing shall upon Oath declare the quality and quantity of his Loading, and that the Naval Officer by the Governour aforesaid appointed for the time being shall and is hereby impowerd to Admi­nister the said Oath, and in case the said Master shall refuse the said Oath, or upon [Page 14] Suspicion of having Goods on Board for which he hath not cleared, It shall be Lawful for the said Naval Officer to Enter on Board any such Ship or Vessel, and the same to Search for any such, Goods as aforesaid, any thing in this Act before mentioned notwithstanding.

An Act for the preservation of several Harbours within this Province.

WHEREAS divers persons as well the Inhabitants of this Province as Foreigners hitherto trading in Ships of great Burthen, as also in other small Vessels have notwithstanding Laws formerly Enacted against the unloading of Ballast in the Creeks or Harbours where they usually Ride within this Province, in contempt of the said Laws, or by pleading Ignorance of them, notwithstand­ing the Secretary [...]s of this Province were by the said Act obliged for the time ensu­ing the publication thereof to deliver unto every respective Master a Copy of the said Law for such a Reward as by the said Law was limited any allowed, Annual­ly unloaded and cast out their Ballast in such Creeks and Harbours where they usually Ride to take in their Loading, to the great damage of the chiefest and most eminent Harbours within this Province, by reason of so great number of Ships as yearly in them do Reside, for prevention whereof for the future.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Au­thority of the same, That from and after the publication of this Act no person or persons whatsoever, whether Inhabitant or Foreigner here Trading in Ships or Vessels of greater or lesser Burthen having a Deck, shall unload or can out of their said Ships or Vessels any kind of Ballast [...] the Harbours or [...] where they usually Ride; and do not lay it to the Shoat, and lay it above high water mark, shall for every such default forfeit and pay two thousand pounds of Tobacco, the one half to our Sovereign Lord and Lady the King and Queen to be imployed for the Support of Government, and the other moiety to him or them that shall Sue for the same, to be Recovered by Action of Debt, or Information wherein no Es­soyn Protection or Wager of Law to be allowed.

And Be It Further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, That every respective Naval Officer within this Province, or Collector for the time being, or that hereafter shall be, during; the continuance of this Act, shall be obliged at their own proper Costs, to take out [...] Copy of this Act from the Office where the Original Transcript of the [...] of the Laws shall be kept Signed by the Keeper of the said Laws, and the same affix [...] respec­tive Office Doors, to the End all Commanders and Masters of Ships or other Ves­sels Decked as aforesaid may have due Cognizance thereof on forfeitare of two thousand pounds of Tobacco, the one half to our Sovereign Lord and Lady the King and Queen to be imployed for the use intent and purpose aforesaid, the o­ther half to the Informer, to be Recovered as aforesaid, any thing in the former Act to the contrary notwithstanding,

An Act for settling a Standard with English Weights and Measures in the Se­veral and Respective Counties within this Province.

WHEREAS daily Experience shews that much Fraud and Deceit is practiced in this Province of Maryland, by false Weights and Measures for prevention whereof for the future,

BE IT ENACTED by the Kind and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That no Inhabitant or Trader hither, shall buy or sell or otherwise make use of in Trading any other Weights and Measures then are used and made according to the Statute of Henry the VII. King of England in that case made and Provided, and for discovery of abuses of this nature, Be It Enacted that the Justice [...] of the several County Courts shall from time to time, & as often as need shall require appoint some able or discreet Person in their County living & residing convenient for the County to take care of, look after, & preserve the standard weights & Measures that at present are remaining in their respective County's, which per­sons so by the [...] appointed, are hereby required within twelve Months after [Page 15] the publication of this Law at furthest to provide all such Weights and Measures as are wanting, according to the direction of a former Law of this Province, In­tituled An Act for the providing of a Standard with English Weights and Measures in the several and respective County's within this Province, So that the same do con­tain in each County twelve half hundred Weights, a quarter, a half quarter of an [...] a seaven pound weight, four pound, two pound, and one pound, toge­ther [...] Stamps for the marking and stamping of Stilliards and Weights the said several Stamps to be marked according to the direction of the abovesaid' Act, and [...] County to be marked with the Letter K. and also Brass measure of [...] and Yard to be Sealed in England, and likewise a Sealed Bushel, half Bushel, Peck; and Gallon of Winchester measure, with a Gallon, Pottle, Quart, Pinte and half a Pinte of Wine measure, with three burnt Stamps for the wooden measures and three other Stamps for the Pewter measure, such person or persons so appoint­ed, and procuring the same or what is wanting to make good the several Stand­ards aforesaid, to be allowed and paid their charges and disburstments in the County Leavy for the same, to which Standard all persons whether Inhabitants or Foreigners, are to repair and bring their Stilliards with which they receive To­bacco yearly, and in every year to be tryed stamped and numbred, for which they are to pay to such person keeping the Standard aforesaid two Shillings for every time such Stilliards shall be tryed and stamped as aforesaid, and every person or persons shall have thei [...] Barrels which are to contain five Bushels at least, together [...] Bushel, half Bushel, Peck, Gallon, Pottle, Quart and Pinte if they make use of the [...] of them in buying or selling by, shall likewise have them tryed and stamped at the Standard aforesaid, for which they shall pay for the Bar­rel one Shilling, and for all other measures six pence a piece, under the penalty of one thousand pounds of Tobacco to any person refusing or neglecting the yearly trying and stamping of his Stilliards as aforesaid, and the Sum of five hundred pounds of Tobacco to any person selling by any of the measures aforesaid refusing or neglecting to have them tryed and stamped as aforesaid, the one half of which Forfeitures to be to the [...] of the poor of the Parish in [...] the Offen­der shall dwell or reside, the other half to the Informer or Informers to be reco­vered in any Court of Record within this Province &c. And if any person or per­sons shall refuse to pay any Tobacco by such Stilliards tryed and stamped as afore­said, and shall thereby compel the Owner of the same to have them tryed over a­gain within the year, if the Stilliards are true, such person so refusing or compel­ling as aforesaid, shall pay for the trying the fame, but if not the Owner of the Stilliards to pay for the same, and if any person or persons having the keeping of such Standard as aforesaid shall neglect or refuse to supply the defects of the same, as is before [...], and also to provide a Standard who as there is none, such per­sons so neglecting and [...] shall be fined two thousand pounds of Tobacco to the uses aforesaid, and be [...] aforesaid &c.

An Act against Excessive Usury.

BE It Enacted by the King & Queens most Excellent Majesty's by & with the Advice & consent of this present general Assembly & the Authority of the same, that no person or persons whatsoever within th [...] Province whether Inhabitant or Foreigner, upon any contract, shall from & after the end of [...] present Seniors of As­sembly, take exact directly or indirectly for Loane of any Mony, Wares, Merchan­dizes or other Commodity's whatsoever, to be paid in Mony above the value of Six Pounds for the forbearance of one Hundred Pounds for one Year, and so after that rate for a greater or lesser Sum, or for a longer or shorter time, nor shall any person or persons whatsoever within this Province as aforesaid, from and after the time aforesaid, take directly or indirectly for Loane of any Tobacco's Wares, Merchandizes or other Commodity's for one Year, to be paid in Tobacco, or o­ther Comodity's of this Province, above the value of eight pounds of Tobacco for the forbearance of one hundred pounds of Tobacco, and after that rate for a greater or lesser Sum, or for a longer or shorter time. And that all Ponds, Con­tracts, and Assurances whatsoever made after the time aforesaid, for payment of any principal Mony or Tobacco, Goods or Commodity's aforesaid, to be lent or covenanted to be performed, upon or for any Usury; whereupon, or whereby [Page 16] there shall be reserved above the rate of six pounds in the hundred for Mony as aforesaid, & above eight pounds in the hundred for Tobacco or other Goods and Commodity's as aforesaid shall be utterly void, & that all and every person or per­sons whatsoever which after the time aforesaid, shall upon any Contract to be made, take, accept and receive by ways or means of any corrupt [...] Exchange, Cl [...]vezance, Shift or Interest of any Wares, Merchandizes or other thing or things whatsoever, or by any deceitful ways or means, or [...] Engine or deceitful Conveyance for the forbearance, or giving day of [...] one whole Year, of and for their Mony, Tobacco, Goods or Commodity's afore­said, above the Sum of Mony or quantity of Tobacco aforesaid, for the [...] aforesaid, shall forfeit and loose for every such Offence the treble value of the Mony, Tobacco, Wares, Merchandizes and other things, so lent, bargained, sold, exchanged and shifted as aforesaid, the one half of the said Fine and Forfei­ture to our Sovereign Lord and Lady the King and Queen their Heirs and Succes­sors for the Support of this Government, the other half to him or them that shall Sue for the same, to be Recovered in any Court of Record of this Province, by Action of Debt Bill Plaint or information, wherein no Essoyn Protection or [...] of Law to be allowed.

An Act directing the manner of Electing and Summoning Delegates and Repre­sentatives to Serve in Succeeding Assembly's.

FORASMUCH as the Chiefest and onely Foundation [...] of any Kingdom, State or Common-Wealth is the Providing, Enacting, and Establishing good and wholsom Laws for the well Ruling and Government there­of, and also upon any necessary and emergent Occasions to Raise and Leavy Mony for the defraying the Charges of the said Government and Defence thereof, neither of which according to the Constitution of this Province can be made, or­dained, established or raised, but by and with the Consent of the Free Men of this Province, by their several Delegates and Representatives by them freely nomi­nated chosen and elected to serve for their several City's and County's i [...] a Gene­ral Assembly: And forasmuch as the safest and best [...] for this Province to follow in electing such Delegates and Representatives, is the Presidents of pro­ceeding in Parliament in England as near as the Constitution of this Province will admit, the Governour, Council, and Delegates of this present General Assembly do humbly pray that it may be Enacted,

And BE IT ENACTED by the King and Queens most Excellent Ma­jesty's by and with the Advice and Consent of this present General Assembly and by the Authority of the same, That for the future, [...] as often as his Ex­cellency the Governour of this Province for the time [...] shall upon any Acci­dent and urgent Affair of this Province think [...] and Convenient to call and con­vene an Assembly, and to send Writts for [...] of Burgesses and Delegates to serve in such Assembly, the Form of the [...] shall be as followeth.

‘ William and Mary by the Grace of God of England Scotland France and Ire­land King and Queen Defenders of the [...] &c. To the Sherrif of [...] County greeting, Th [...]se are to Authorize and Impower you immediately upon Receit hereof, to call together four or more Commissioners of your County, with the Clerk, who are hereby required to Sit as a Court, and during their Sitting, by Vertue of your Office to make or cause to be made publick Proclamation, thereby giving notice to all the Freemen of your said County, who have with in your said County a Freehold of fifty Acres of Land, or a visible Estate of fourty pounds Sterling at the least, requiring them to appear at the next County Court to be holden for your County at a certain day within a reasonable time after such Proclamation made for Electing and Choosing of Deputy's and Dele­gates to serve in your County in a general Assembly, to be holden at the City of St. Mary's the [...] day of [...] at which time of Proclamation aforesaid,, the said Freemen so required to appear, or the major part of such of them as shall then appear, shall and may and are hereby Authorized and Required to Elect & Choose four several and sufficient Freeman of your County, each of them have­ing a Freehold of fifty Acres of Land, or visible Estate of fourty pounds Ster­ling at the least within your County; and you shall give to each of them seve­rally [Page 17] and respectively, by four several and respective Indentures under their Hands and Seals to be Deputy's and Delegates for your County at the said next General Assembly, to do and consent to those things, which then by the Favour of God shall happen to be Ordained by the Advice and Consent of the great Council of this Province, concerning such Occasions and Affairs as shall Relate to the Government, State and Defence of this Province. But we will not in any case that you, or any other Sherrif in our said Province be Elected, which said [...] shall be between you the said Sherrif of the one part, and the said Freemen Electing on the other part, and shall bear date the same Day upon which the said Election shall be made, and that upon such Election, you the Sherrif shall so soon as conveniently may be, Certifie and Transmit to the Chan­cellor of this Province for the time being one part of the said several and respect­ive indentures, close Sealed up under your Hand and Seal, and directed to the Governour of this Province, and also to the Chancellor; and the other part of the said Indentures you are to keep for your Justification. Witness Lyonel Copley Esq Capt' General and Chief Governour of this Province &c.’

And Be It Further Enacted by the Authority aforesaid, That two Citizens to Serve in the said Assembly for the City of St. Marys, to be Nominated, Elected, Chosen and Appointed by the Mayor, Recorder, Aldermen and Common Council as heretofore hath been usual.

And Be It Further Enacted by the Authority aforesaid, That the aforesaid four Delegates to be Elected in the Respective County's within this Province, & the [...] Cityzens of the City of St. Mary's, be and are hereby bound and obliged to at­tend the time and place of the meeting of such Assembly without any furth [...]r Writ or Summons to be to them sent, under the penalty of such Fines as shall be by the House of Assembly impos'd upon them, unless upon sufficient Excuse to be ad­mitted by the said House of Assembly their Absence to be dispenced withall, any Law Statute Usuage or Custom to the contrary notwithstanding

And Be It also Enacted by the Authority aforesaid, That any Sherrif that shall Refuse and Neglect to muke Return of the Delegates so Elected by Indenture as aforesaid, before the Day of Sitting of such Assembly, or that shall make any un­due or illegal Returns of such Elections, shall for every Fault be fined one thou­sand pounds Sterling, the one half for their Majesty's for the Support of the Go­vernment, and the other half to the Informer, or him or them that shall Sue for the same, to be Recovered in any Court of Record in this Province, wherein no Essoyn Protection or Wager of Law to be allowed.

Provided nevertheless, That this Act or any thing herein contained shall [...] Extend to be Construed to Exclude any County or County's, City or City's Bur­rough or Burroughs hereafter by their Majesty's their Heirs or Successors to be Elected and made within this Province, from the Liberty of such Elections of De­legates and Representatives as is before Exprest; But that such Writt as aforesaid shall upon calling every General Assembly for this Province for the future, to the Sherrif of every such County when the same shall be erected and made into a County as aforesaid, And to the Mayor Recorder and Aldermen of every such City or Burrough Commanding of such Sherrif or Mayor Recorder and Aldermen to cause four Freemen of the said County, and two Freemen of the said City or Burrough qualified as in the said Writt [...] exprest, to Serve as Delegates and Re­presentatives of the same County City or Burrough in the General Assembly then next ensuing, which said four Delegates for every such County, and two for the City and Burrough shall from henceforth be Reputed and Esteemed to be Members of the House of the General Assembly of this Province, any thing in this Act to the contrary in any wise notwithstanding.

Provided also that no Ordinary Keeper within this Province during the [...] of his keeping Ordinary, shall be Elected, Chosen, or Serve as a Deputy or Re­presentative in the said general Assembly, so to be hereafter Called, Convened and appointed as aforesaid.

An Act of Repeal of all Laws heretofore [...] in this Province, and Confirm­ing all Laws made this General Assembly.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly, and the Authority of the same, That all Laws heretofore made within this Province be, and for ever hereby stand Repealed, Annulled and Void, and that all Laws now made and assented to this present General Assembly (and no [...] remain in full Force and Power, according to the true Intent and [...] of; And that the same be accounted and esteemed as the Body of the [...] this Province, and no other heretofore made.

Provided always, That this Law shall not Extend, or be Construed [...] make [...] any persons Right by Acts of Naturalization, or any private Acts hereto­fore made relating to any private persons, but that the same be hereby kept and preserved to the [...] according to the true Intent and Meaning thereof, any thing herein to the contrary notwithstanding.

An Act for quieting of Possessions,

FORASMUCH as a good and beneficial Law [...] in Act for quiet­ing of Possessions, was made the seaven and twentieth Day of March [...] 16 [...]1. in this Province, which by the use thereof hath been found very much conducing to the Benefit of the people of the said Province.

BE IT THEREFORE ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent, of this [...] General Assembly and the Authority of the same. That all Sales, Gifts and Grants at any time before the said XXVII Day of March Anno Domini 1671. and [...], of any Lands Tenements or Hereditaments within this Province, by any person or Persons whatsoever, that Right had to Sell, give or grant such Lands Tenements or Hereditaments made by Writing onely, with or without Seal, shall for ever hereafter be accounted good and [...] in Law, so hair the Heirs or [...] of such Vendors, [...] or Grantors any Error in the Form onely of such [...] to the country notwithstanding. And forasmuch as divers Assignments, of [...] written on the Back side of such Pattent for Land are now [...], and [...] so many other sales in Paper either worn out, or quite [...], for which the purchase Many hath been [...] paid.

Be It Further Enacted by the Authority aforesaid, by and with [...] by and [...] aforesaid, That all Sales, Gifts of Grants at any time [...] aforesaid, made by persons that Right had as aforesaid [...] Payment [...] by Witness such Sale shall for ever hereafter [...]e accounted good and available [...] the [...] and Ex­ecutors of such Vendors, Donors', o [...] Grantors or other persons [...] from such Vendor Donor or Grantor [...] to the [...] hereof notwithstanding.

An Act [...] Respective County Courts.

WHEREAS many Inconveniency [...] happen'd to divers persons [...] this Province, by means of Commissioners, Sherrifs, [...] In their Respective Courts wherein they [...] Office [...] for preventions whereof for the future.

BE IT THEREFORE ENACTED by the King and Queens most Excellent Majesty's by and with the [...] and Consent of this present General Assembly and the Authority of the [...] That [...] and [...] the publication of this [...] Commissioner, Sherrif [...] deputy [...], Clark [...] deputy Clark of th [...]e Courts wherein they [...] shall plead as Attorney for or [...] of any person or persons [...] or being within this Province upon the penalty of three thousand pounds of Tobacco, the one half thereof to their said Majesty's for the Support of Government, the other moiety to the Informer, or him or them that shall [...] for the same, to be recovered in any Court or Courts of Record within this Province, by Bill Plaint or Information, wherein no Essoyn Protection or Wager of Law to be allowed

An Act [...]

WHEREAS [...] Sailors and [...] of their Majesty's Courts [...] of [...] and [...] Mer­chants, Sailor [...] and others [...] others [...] of the Common [...] dispo [...]e of such [...] and [...] to the [...] the good people of this Province, for prevention [...]

BE IT ENACTED by the King and Queens most Excellent Majesty's [...] with the Advice and Consent of [...] present General Assembly and the Authority of the same, That from and after the publication [...] every Of­fice and Place where Ships and Vessels shall be appear [...] to be [...] and [...] Office [...] persons appointed for the Clearing and [...] an Oath [...] of a Ship [...] comes to Enter, [...] whether any Servant on [...] Convict [...] shall appear by [...] Oath that they are such [...] the said Office [...] of the said Master, [...] the same [...] or other [...] of in this Province, but [...] them out of th [...] Province; before he or his said [...] shall [...] Province, [...] own Ship when the [...]me departs [...].

And it is further Enacted by and with the Advice and Consent aforesaid, That no Master of a Ship, Merchant, Sailor, or any pother person or persons whatsoever shall presume to import [...] this Province any such convicted Felons or Malefac­tors whatsoever, to sell, pay, give, or in any other manner to dispose of, either to their own [...] (if any [...]) at [...] this Province [...].

And Be It Further Enacted by the Authority aforesaid, That if any Master of [...] ship [...] Merchant, [...] other person [...] and after the publica­tion of this Act, shall import and bring into this Province such convicted persons [...] and shall [...] dispose unto any [...] shall forfeit, and pay for [...] such convicted [...] so imported [...] any other ways disposed of [...] Province the [...] pounds of Tobacco, the [...] the other [...] by Bill [...] of Law to be allowed.

An Act for [...]

[...]

BE IT ENACTED by the King and Queens most Excellent Majesty's [...] and with the Advice [...] present General Assembly and the Authority of the same, tha [...] for the [...] St. [...] County Courts shall be held the first [...] September, November, January, March June for the Orphans [...] [...] Charles, [...] set and [...] County [...] second Tuesday in September, Novem­ber, January, March June for the Orphans, and the 2 d Tuesday in August, [...] and Talbot County's, the third Tuesday [...] September, November, January March June for the Orphans, and the third Tuesday [...] August. For [...] County the fourth Tuesday in September, November, January, March June for the Or­phans [...] and the fourth Tuesday in August.

And Be It Further Enacted by the Authority aforesaid, that every Commissio­ner [...] shall not appear and attend are such place appointed for the Court to be [...] his respective County at the time limited and appointed, shall be fixed two hundred pounds of Tobacco for and towards the Pillory Stocks and Ship­ping Post for the Execution of Justice, or to be disposed of as the Court then [...]it­ting [Page 20] shall think fit, unless such Commissioner or Commissioners make Lawful Ex­cuse to be allowed of by the Court, and forasmuch as it happens many times in the Winter Season especially, that but two or three of the Commissioners do meet and attend upon the Days set and appointed as aforesaid, whereby all Pro­cess made Returnable that Court do fall and abate, and the several Plaintif [...] are fo [...]ced to Sue out new Writts to the great damage and delay of Suitors.

Be It Therefore Enacted by the Authority aforesaid, that any two or three of the Commissioners, whereof one to be of the Quorum meeting as aforesaid, [...] hereby fully Authorized and Impowered to adjourn the Court to some short time after as to them shall seem meet, and that no Suit for want of a full Court do fall or abate, but the same shall be continued till the next Court, to be held according to such adjournment as aforesaid, and that if the first Day appointed by this Act for the holding the several and respective Courts be not time enough to do the bu­siness in that Court depending, then the Justices of such Court are hereby Impow­ered to adjourn from Day to Day until such time as the business returnable and [...]ryable in that Court shall be finished, and whereas there have some Scruples ari­sen by the Commissioners of the respective County Courts, whether they shall or may do any other business in every June Court in every respective Year, then what was concerning Orphans, the true Intent and Meaning of this Act is, that the Commissioners of every respective County Court may and ought to do, hear, judge and determin any business depending in the said Court, at the same June Court between any persons whatsoever, as well as relating to any Orphans Bu­siness.

An Act for the publication of Marriages.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That all persons who shall desire Marriage shall ap­ply themselves either to a Minister, Pastor or Magistrate for the contracting there­of.

And Be It Further Enacted by the Authority aforesaid, that all persons within this Province intending Marriage, shall make publication thereof either at the Church, Chapel, County Court or Meeting House next where they dwell, and that at such time when such Church, Chapel or Meeting House shall be full, and thereby capable to take cognizance thereof, and that it shall and may be Law [...]l, upon such Certificate had from the Minister, Pastor or County Court when such application shall have been made, of three Weeks after the said publication, for either Minister, Pastor or Magistrate to join in Marriage such persons aforesaid; and if any person shall presume to contract Marriage without such publication [...] and Certificate the [...] aforesaid, or without particular Licence from the Governour for the time being, do privatly within the Limits of this Pro­vince contract Marriage, every person so contracted or married shall be lyable to a Fine of one thousand pounds of Tobacco, and every such Minister, Pastor or Magistrate joyning in Marriage any persons without such publication or [...] any ways infringing this Act, shall be lyable to a Fine of five thousand pounds of Tobacco, the one half of the said [...]ines to our Lord and Lady the King and Queen their Heirs and Successors for the Support of Government, and the other half to the Informer, to be recovered by Bill Plaint Action of Debt or Information in any Court of Record, wherein no Essoyn Protection or Wage [...] of Law to be allowed.

And Be It further Enacted, that all such Marriages as shall not be made before some Minister, Pastor or Magistrate with five sufficient Witnesses at least, accord­ing to the [...] aforementioned, shall and are hereby declared null and void.

And Be It further Enacted by the Authority aforesaid, that all Ministers Pastors and Magistrates, who according to the Law of this Province do usually joyn peo­ple [...]n Marriage, shall joyn them in [...] and form as is set down & exprest in the Liturgy of the Church of England which being finished, the Minister, Pastor or Magistrate shall say, (I being [...] into by Law Authorized [...] you Lawful Man and Wi [...]e)

[Page 21] And Be It Further Enacted by the Authority aforesaid, that the Minister, Past­or, or Magistrate by Vertue of this Act are impowered to ask, demand and receive from the Party's so married or joyned together the Sum of one hundred pounds of Tobacco.

An Act for the Incouragement of Learning, and Advancement of the Native, of this Province.

FORASMUCH as that it hath frequently happened that persons com­ing into this your Majesty's Province of Maryland, either out of Necessity or hopes of Advancement, have been introduced into the chief places and Offices of trust and profit upon private recommendation or particular Promise before hand, made by such person or persons in whose Power and Authority the disposing of, and preferring of and to such places and Offices of Trust and Profit aforesaid, did remain to the great discouragement of those persons that are qualified for the Exe­cution of any the said places and Offices aforesaid, who being Inhabitants thereof have at all times as occasion required adventured their Lives & Fortunes for the Defence of this your Majesty's Dominions, against all Domestick Insurrections & Indian incursions, that have hitherto been made or attempted to be made to their no small Charge and Expence; therefore we your Majesty's most Humble and most [...] Subjects do humbly pray that it may be Enacted,

And BE IT ENACTED by the King and Queens most Excellent Ma­jesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same that from and after the publication hereof, no person or persons whatsoever [...] into this Province, & who have not made it their Seat of Residency for the full [...] of three Years, shall have, hold, possess or enjoy any place or Office of [...] Profit within tho same, either by himself or Deputy, except such person or persons as shall have your Majesty's Immediate Commission for any such place or Office aforesaid, as also such person or persons now possest of any such places or Offices as aforesaid, but that all and every your Majesty's principal Officers within this Province, having Power, Pr [...]heminence, or Authority, by vertue of any Commission from your most S [...]red Majesty's to him or them granted, to dispose of any such Offices or places as aforesaid, may upon vacancy of any place or Office whereof they have Right [...] dispose, or to prefer any person or persons thereinto, being obliged to make Choice of such per­son or persons as they shall think most worthy and capable of executing of such place or Office as aforesaid out of the Inhabitants of this your Majesty's Province, and who have been Resident therein for and during the time and term aforesaid, (except before excepted) any Costom or Usuage to the contrary notwithstand­ing.

And Be It further Enacted by the Authority aforesaid, that no person or per­sons whatsoever, having your most Sacred Majesty's Commission to exercise any Office within this Province, shall be obliged actually to inhabit within this Pro­vince, and exercise the same in his own proper person, and not by any Deputy or Deputy's,

An Act prohibiting all Masters of Ships or Vessels or any other Persons from transporting or conveying away any person or persons out of this P [...]ince without Passes:

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That from and after the publication here [...] per­son or persons whatsoever intending [...] this Province,, shall [...] of his her of their intended departure [...] up his her or [...] Names at the Secretary's [...] the full space of three Months, that if in [...] aforesaid, no person shall under write the said person or persons so setting his or their respective Name or Names as aforesaid, It shall then be Lawful for the Go­vernour, Keeper of the great Seal, or Secretary of this Province for the name be­ing, to Sign a Pass to any such person or persons to depart this Province, for which Pass the Party shall pay to the person signing the same the Sum of two Shillings and six pence Sterling, and if any person or persons upon any sudda [...]n or emergent occasion are necessitated to depart this Province, not having set up his her or their Name or Names at the Secretary's Office aforesaid, then such per­son or persons giving good and sufficient Security to the Governour, Keeper of the great Seal or Secretary to discharge and pay all Debts and Accounts whatsoever due and owing from the said persons to any of the Inhabitants, then the said per­son or persons so departing may have a Pass as aforesaid.

And Be It Further Enacted, that any Master of Ships o [...] Vessels or other per­sons whatsoever, that shall transport or [...] out of this Province by [...] o [...] Water any Freeman being indebted by Bill, Bond, Accompt or otherwise to any Inhabitant thereof without such pass under the Hand of the Governour, Chancel­lor or Secretary aforesaid, shall be lyable to satisfie all such Debts, Ingagements and Damages to the person or persons to whom such Debt or Damages respective­ly shall be due within this Province, except the same be otherwise satisfied, or that the Transportor or Conveyor away of such person or persons procure such person or persons to return again in one Month after, whereby he may be lyable to Justice here, and every such person as aforesaid as shall transport or convey a­way out of this Province any Servant of Servants being Servants here by Condi­tion, for Wages, Indenture, or custom of the Country, shall be lyable for to pay & satisfie unto the Master or Owner of such Servant or Servants so carried away all such Damages as he or they shall make appear to be justly due, to such Master or Owner for want of such Servant or Servants as the Court before [...] such cause shall be tryed shall think fit; And whereas several evil minded people inhabiting and residing at the Head of the Bay, have customarily set persons over the Head of the Bay, and Susquehanah River, being either Felons, Debtors, or Runaway Servants from the more remoter par [...]s of this Province, for some small advantage they have in buying or getting such [...] Apparel as such persons so absenting or flying from Justice aforesaid [...] them commonly Mony, Goods, or Apparel by them feloniously purloyned from their Masters and other Owners, by which means they may have easy Access to another Government, in retardation of Justice, and to the great Damage of such Creditors, Masters or Owners aforesaid.

Be It therefore Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that from and after the publication hereof, no person or per­sons inhabiting or being at the Head of the Bay, or in any other par [...] of this Pro­vince shall transport or convey, or cause to be transported or conveyed any per­son or persons over Susqu [...]anah River aforesaid, or any other part of the Bay a­bove the North [...]de of Sassafrass River on the Eastern side of the Bay not having passes so procured as aforesaid, or a Certificate from under the Hands of two Just­ices of the Peace of that County where such person or persons intending to travel shall inhabit and the County Seal affixed thereunto, certifying the freedom of such persons, and that he she or they are clear to the best of their knowledge from any ingagements impediting their traveling as aforesaid, on penalty of an­swering all such Debt or Damages to Creditors, Masters or other Owners of Ser­vants, to be recover'd as by this Law is provided, against such as shall actually set them out of this Province, any matter o [...] thing herein contained to the contrary notwithstanding.

An Act Confirming and making valid the last Will and Testament of Augustin Herman late of Caecil County Gent as it now stands Recorded in the Commissary Generals Office of this Province.

An Act for the Naturalization of Peter Ferdinando and his Children of An­drew Imber [...]. Claudius Dutitree, Gerardus Wee [...]iels and [...]ames his Son, Abraham Ambrose, Lewis de Roch Brune, John de Vagha Herman Van Burkelo, Nicolaes de la Montaigne, Henderick Sluyter, and Jacob Sluiter Junior.

An Act touching Coopers, and the Gauge of Tobacco Hogsheads:

BE IT ENACTED by the King and Queens most Excellent Majesty by and with the Advice and Consent of this present General Assembly and [...] the Authority of the [...], that all Tobacco Hogsheads that shall hereafter he made within this Province, shall be of the size of 48 Inches in length, & 32 Inches in the head, and not under the size of 46 Inches in length, and 31 Inches in the head, [...] what Cooper or Coopers, or other person or persons that shall make Tobacco Hogsheads and do not observe the Gauge aforesaid shall forfeit the said Cask, & upon complaint thereof made the matter of fact being proved by two good and sufficient Evidences, it shall and may be Lawful for the Justices of that respective County Court where such person or persons do inhabit to give Judg­ment thereupon to the party or parties grieved, and that any Cooper or Coopers person or persons whatsoever, that shall agree with any the inhabitants of this Province, and undertake with him or them to set up or make his or their Tobacco Hogsheads and Casks, shall and are hereby injoyned to set up and finish one half of the said Tobacco Hogsheads and Casks by the tenth Day of October next ensu­ing the undertaking the making of such Tobacco Hogsheads and Casks as afore­said, & the other moiety or half part of the said Tobacco Hogsheads & Casks to set up & [...] by or before the tenth Day of December next ensuing such Contract as aforesaid, [...] if any Cooper or Coopers, person or persons whatsoever within this Province, so agreeing and undertaking the same as aforesaid, shall wilfully or otherwise [...] make, set up, compleat and finish the said Tobacco Hogs­heads and Cask aforesaid, according to such Gauge and by such time as aforesaid, he shall forfeit the Sum of one hundred pounds of Tobacco for every Tun of Cask and Tobacco Hogsheads left at the [...] and times aforesaid unmade, not set up, or unfinished, to be recovered in the several and respective County Courts where the party or pari [...]s, Cooper or Coopers do at that time dwell or reside, unless the Cooper or Coopers, person or persons agreeing or undertaking the said work or task aforesaid shall or can before the Commissioners of such County Court make it sufficiently appear [...] in performing the said agreement by [...] ­ness or some other Lawful Impedement, which Plea shall be adjudged of by the said Commissioners of the several and respective County's aforesaid.

And Be it also Enacted by the Authority aforesaid, by and with the Advice & Consent aforesaid, that from and after the publication hereof, all Merchants, Traders, Planters and other inhabitants of this Province making any Cropp of Tobacco shall provide, and cause to be fallen and sawed by the last Day of April by the furthest every Year Respectively, all such Timber as he intended or allot­ted for the making Tobacco Hogsheads to the intent the same may be well sea­soned, under the penalty of one hundred pounds of Tobacco for every Hogshead he or they shall have set up or made of any other Timber than what shall be sea­soned as aforesaid, one half to our Sovereign Lord and Lady the King & Queen, their Heirs and Successors for the Support of this Government, the other half to him or them that shall Sue for the same, to be Recovered in any Court of Record [Page 24] within this Province, wherein no Essoyn Protection or Wager of Law to be [...]lowed.

And Be It Further Enacted by the Authority aforesaid, by and with the Ad­vice and Consent aforesaid, that no Tobacco Hogshead or Cask for Tobacco shall be set up of made by any Cooper or Coopers whatsoever of any [...] than what is herein before provided, and the same to be hewe [...] [...] staves and heading by the last Day of July in every Year respective [...] Cooper, Coopers or other persons undertaking to set up such Tobacco [...] aforesaid, do at the compleating and finishing of the said Hogshead [...] [...] ­spective House, burn in the Bulge of each respective Hogshead [...] aforesaid [...] a brand [...] Letters of his Name, [...] by him so branded to weigh, and the true weight thereof with [...] to cut into the Bulge aforesaid, on penalty & forfeiture of the Loss of hi [...] Labour for every Cask or Hogshead not branded as aforesaid to the Imployer of such Cooper, as also the Sum of one hundred pounds of Tobacco for every Hogshead by him falsly weighed or marked as aforesaid, one half thereof to our Sovereign Lord and Lady the King and Queen their Heirs and Successors for the use afore­said, the other half to him o [...] them that shall Sue for the same to be recovered as aforesaid.

Provided that this Act nor any thing therein contained shall be construed [...] to prejudice any Cooper or Coopers, or other person or persons from [...] taking to set up Tobacco Hogsheads as aforesaid for any Error or Mistake [...] weight of each Respective Hogshead by him so weighed and marked as aforesaid, not exceeding five pounds weight in the Hogshead; and that all [...] per­son and persons whatsoever that shall undertake to make [...] their own Cask shall and are hereby obliged to brand, mark and weigh every respective Hogshead by him so made, under the same penalty and forfeiture as is before mentioned and expressed.

And Be It Further Enacted by the Authority aforesaid, by & with the Advice & Consent aforesaid, that every Master or other Owner of any Servants or Negro [...]s Coopers, or that shall imploy any Servant or Negro to set up his her [...] Cask or Tobacco Hogsheads, such Master or other Owner shall be obliged to [...], hew, and set up such their Tobacco Hogsheads within the several and respect­tive times as by this Law is before limitted and appointed, and them when finish­ed to brand mark and weigh under the same penalties and forfeitures as [...] before provided against Coopers and other persons undertaking to set up [...] Hogs­heads as aforesaid, In consideration of all which, the Received [...] Hogshead of Tobacco shall pay and allow to the Owner or Owners [...] for each Hogs­head Received the Sum of fourty pounds of Tobacco, [...] out of the gross Weight the true Weight of each Hogshead marked on the Bulge aforesaid and no more, any other Act to the contrary notwithstanding.

An Act for Confirmation of all [...] Military and Civil, from the death of his Excellency Lyonel Copley Esq▪ their Majesty's late Go­vernour and Capt' General of Maryland &c. unto the Arrival of his present Excellency Francis Nicholson Esq▪ the present Governour thereof.

WHEREAS upon the death of L yonel Copley Esq▪ la [...]e Governour of Maryland, Sir Edmund Andross Knight Governour of Virginia, in their Majesties Names did assume and take upon him the Government and Chief Com­mand of this Province, by vertue of a Commission from their Majesty's, bearing date the third Day of March Anne Domini 1691. in the fourth Year of their Ma­jesty's Reign under their Signet and Sign Mannual, wherein and whereby their Majesty's were pleased by those Presents to constitute and appoint the said Sir Edmund Andross upon the Death of Capt' Francis Nicholson, and in the absence of the said Lyonel Copley (and not otherwise) to be Commander in chief in and over this Province, and by vertue thereof the said Sir Edmund Andross in their Ma­jesty's Names by his Proclamation bearing date the 25th. day of September 1693. in the fifth Year of their Majesty's Reign, Reciting that whereas by the death of the said Lyonel Copley their Majesty's late Capt' General and Governour in Chief in and over this their Province of Maryland, and the absence of Capt' Francis [Page 25] Nicholson their Majesty's Lievetenant Governour of the same, the [...] and Government of the said Province was committed to the charg [...] [...] him the said Sir Edmund Andross Knight their Majesty's Leivetenant [...] General of their Colony and Dominion of Virginia, he the said [...] Edmund An­dross thereby did proclaim and declare that all Officers civil and military should hold and [...] their several and respective Places and Offices by the same as [...] said Commission and Proclamation remaining upon Record in the [...] more at large may appear; And because upon reading and [...] Commission of their Majesty's bearing date the 2 [...]th. Day [...] 1691. to Capt' Francis Nicholson ap [...]ointing and [...] Francis Nicholson Lievtenant Governour of and in this Province, and [...] of the said Lyonel Copley to exercise and execute the several Pow­ers and Authority's in the said Commission to the said Governour Copley, it ap­pears to [...]s that their Majesty's had made express provision that the said Lievt' Governour Nicholson upon the death of the said Lyonel Copley Esq▪ should Succeed to the Chief Command in this Province, and if not present upon the place at the death of the said Lyonel Copley, that the Council should take upon them the Go­vernment of the Province; whereof the first in Council to preside; neither doth [...] said Commission to the said Sir Edmund Andross sufficiently Authorise the said Sir Edmund Andross to take upon him the Government aforesaid, but upon the [...] of the said Francis Nicholson Esq' and absence of the said Lyonel Copley Esq', [...] doth the Proclamation aforesaid of the said Sir Edmund Andross agree with the said Commission in Reciting that his Access to the Government was by the death [...] absence of the said Francis Nicholson Esq', which in the said Commission [...] expresly confined to the death of the said Francis Nicholson and not absence, [...] did the said Sir Edmund Andross take such Oath for observing of a certain Act of Parliament made in the XII. Year of the Reign of King Charles the II. of Blessed Memory, Intituled an Act for the Incouraging & Increasing of Shipping & Naviga­tion before his Entrance into the Government aforesaid, as by the said Statute is commanded, injoyned, and required of all Governours & Commanders in chief of any their Majesty's Lands, Islands, Plantations and Territory's, nor administer or direct, the same to be administred to Colonel Nicholas Greenbury by left him as [...] Sir Thomas Lawrence at his next coming, and because also that by the [...] of the said Sir Edmund Andross to the said Government, by his Authority divers Acts and Actions Judicial and Civil have been done, executed and perform­ed in Courts of Record, and otherwise in this Province; which for the Reasons a­foresaid appear precautious and doubtful: In tender Contemplation whereof, and for the Ease and [...], Peace and Settlement of your Majesty's most Loyal and Dutyful Subjects of this your Majesty's Province, they humbly pray and beseech your Royal Majesty's that it may be Enacted.

And BE IT ENACTED by your Sacred Majesty's by and with the Ad­vice and Consent of this present General Assembly and the Authority of the same, That all manner of Actions, Suits, Causes and Proceedings in all and every their Majesty's Courts within this Province, either by holding, setting, adjourning, continuing, or other proceeding, to hearing and determining any Suit, Action, Motion, Petition or other Matter whatsoever, shall be had, taken, accepted & repu­ted as valid in Law or Equity, and of absolute Force Efficacy and Strength in Law to all Intents, Purposes, and Constructions as any other Judicial Proceedings by any other of their Majesty's more ample Commissions for the due Government of this Province heretofore granted: And all and every Officer and Minister Civil or Military in this their Majesty's Province, shall and are hereby confirmed, esta­blished and raryfied; for in or by Reason of any Legal Acting and Proceeding in their Several and Respective Offices Places and Stations, from the time of the Access of the said Sir Edmund Andross Knight, to his Excellency's the present Governour Francis Nicholson Esq▪ his arrival and taking the Government upon him, any Clause, Imperfection, or want of Authority in or to the said Sir Edmund Andross or the Commission aforesaid, to the said Sir Edmund Andross notwith­standing. Provided that nothing in this Act be taken and costrued to justify Sir Edmund Andross's taking and disposing of the publick Revennues for the Support of the Government of this Province, or debar the Assembly or any person what­soever of their right or claims to the same which he took.

An Act ascertaining the Expences of the Delegates of Assembly, and Commissioners to the Provincial and County Courts.

FOR the ascertaining, limitting and allowing unto the several and respective Deputy's and Delegates that Serve or shall Serve in the General Assembly's of this Province, and of the several and respective Commissioners of the Provincial and County Courts of this Province such Sum and Sums of Tobacco [...] thought necessary and sufficient for the defraying their Charges [...] Assembly's and Courts as aforesaid.

BE IT ENACTED by the King and Queens most Excelent Majesty's by and with the Advice and Consent of this present General Assembly [...] Authority of the same, That all such Delegates and Burgesses of [...] be allowed the Sum of one hundred and fourty pounds of Tobacco a [...] the time they shall attend such Assembly's, and no more, (besides their [...] Charges) to be paid and allowed by them out of the publick Leavy's of this Province, and the several and respective Commissioners of the Provincial Courts for the defraying their Charges and Expences during the time they shall Skin, & attend such Courts; the Sum of one hundred and fou [...]y pounds of Tobacco per Day and no more, besides their Itinerent Charges to be paid them likewise [...] of the publick Leavy of this Province as aforesaid, and the several Commissioners of the County Courts shall be allowed for the defraying of their Expences during the time they shall attend such Courts as aforesaid the Sum of Eighty pounds of Tobacco per Day and no more, which Sum of Eighty pounds of Tobacco as a­foresaid the said Commissioners of the County Courts are hereby impowered to Assess and Leavy where such Commissioners shall Serve as aforesaid, for defray­ing the Expences aforesaid and no more.

Provided always, and it is the true Intent and Meaning of this Act, that where any Justices of any County Court, being a full Court, or above the number of Seaven shall agree together in Court Sitting, and consent to lessen any allowance hereby given, or if it be to take the same totally off, it shall and may be Lawful to such full Court to lessen and take off any part of the allowance hereby given & settled to the Commissioners of the said County Courts, and Entring fitch Rule in the Record, shall for that Year be an ubsolute Law and Rule for every Justice of that County Court as to their Expences, and it shall not be Lawful to collect or raise any more Tobacco for defraying the County Court Justices Expences; them so much as by such Consent and Rule shall be limitted and agreed [...] at aforesaid, and if they see sit to make the same Rule, or such other as they shall agree on as afore said, once on every Year during this Act, any thing herein to the contrary notwithstanding. And Be It Further Enacted, that one Act of Assembly made at a General Assembly of this Province, begun and held at the City of St. Mary's the tenth Day of May Anno Dumini 1692. Intituled An Act ascertaining the Ex­pences of the Commissioners of the Provincial and County Courts, be, and is hereby utterly Repealed and made Void.

An Act for erecting Ann-Arundel and Oxford Town into Ports and Towns.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That from and after the publication hereof, the Land called the Town Land at Seavern in Ann-Arundel County where the Town wa [...] formerly, and the Land at Oxford in Talbot County where the Town was formerly, shall from henceforth be Towns and Ports, and Places of Trade, where all Ships and Vessels may come to for Entring and Clearing, to which End the Collector of that District, or his Lawful Deputy's shall constantly Reside at the said Towns and Ports, and also Naval Officer, or Officers or their Deputy's shall also con­stantly Reside there, for giving dispatch to all Ships or Vessels coming or trading into them Ports; and that the same Ports and Towns may be capable of being built upon and inhabited by persons desiring to dwell and inhabit in them.

Be It Enacted by the Authority aforesaid, that from and after the proclaiming of this Act, all and every the persons named herein for Commissioners shall be Commissioners of and for the said two Towns, and each of them, and they and [Page 27] every of them shall and may execute the Powers and Authority's [...] them, according to the directions hereafter given and [...] buying and purchasing the aforesaid Town Lands of the now [...] of the same, as for the Surveying and Laying our the same, and [...] the several Lotts to be laid out in them, to the End the length, breadth, and [...] of each Lot in each Town and Port may be known and distinguished, (that [...] for the said Town and Port of Ann-Arundel in Ann-Arundel County [...] Hammond, Major Edward Dorsey, Mr. John Bennet, Mr. John [...] Mr. Andrew Norwood, Mr. Ph [...]kip Howard, Mr. James [...] honourable Nicholas Greenbury Esq'. And for the Town and Port [...] in Oxford aforesaid Mr. Edward Mann, Mr. John Edmondson, [...], Mr. John Nee [...]s, Mr. John Hawkins, Mr. Thomas Robinns and Mr. Thomas Robinns Junior, the honourable George Roeb [...]tham, and Mr. Thomas Smithson, and Mr. Robert Smith.

And Be It Enacted that the said Commissioners herein nominated for each re­spective Town in each County aforesaid, or the major part of them, are hereby impowered some time before 25 th. Day of February Anno Domini 1694. to meet together upon the respective Lands and Places for Towns before mentioned, then and there treat with and agree with the Owners and all persons interested in the said Lands, and buy and purchase of such Owners and others interested in the [...] Lands one hundred Acres of the said Lands, at the discretion of the persons aforesaid least [...] to the Owners, and they that purchase shall cause the same [...] and after Survey so made, shall cause the [...]ame to be mark­ed, [...], and divided into convenient Streets, Lanes, and Ally's, with other [...] places [...] which may be a Church, Chapel, Market House or other publick Building, and the remaining part of the said one hundred Acres to be di­vided into one hundred Equal Lotts, marked on some Posts or Stakes towards the Streets or Lanes with Numbers 1 2 3 4 and so to an Hundred, out of which Lotts the Owner of such Lands shall have the first choice for one Lott, during the space of one Year after the said 25 th. Day of February, except his Excellency Francis Nicholson Esq▪ Governour of this Province, who shall have the next un­ [...]diate choice of one two or three Lotts in each, or either of the said Towns if his [...] so please; after which the Lotts shall be taken up by tho Inhabitants of the [...] onely, during six Months after laying out the same, and if the In­habitants shall not take up the same Lotts in the time aforesaid, it shall be then free for any person or persons whatsoever to take up the said Lott or Lotts, pay­ing the Owner proportionably for the same; And in case any person or persons shall willfully refuse to make Sale of any such Lands therein before mentioned [...] or any person or persons through non-Age, Coverture, or non Sana Memorid or o­ther Impediment or Dissability whatsoever, that then the Commissioners afore­said nominated for each respective Town, are hereby Authorised by vertue of this Act to Issue out Warrants to the Sherrif of the said, County's, [...] impower him to impanel and return a Jury of Freeholders to appear before the said Com­missioners, which Jury upon their Oaths to [...]e administred by the said Commissi­oners are to inquite and assess such Damages and Recompence, is they shall think fit to be awarded to the Owners & all persons interested, according to their sever­al and respective Interests in the said Land or any part thereof and what Sum of Tobacco the said Jury shall adjudge the said Land to be worth, shall be paid to the said Owners and Persons interested, by such person or persons as shall take up the said respective Lott or Lotts proportionably thereunto, and the said Com­missioners or the major part of them are hereby impowered by respective Warants under their Hands and S [...]ls to Summon the Surveyor general or the Surveyor of the County to survey and lay out the said one hundred Acres in the places afore­mentioned in the manner and form aforesaid, to be marked and staked out as a­foresaid, and when the same is Surveyed and laid out as aforesaid, and valued a [...] aforesaid, that then whosoever shall make choice of any such Lott as aforesaid and make Entry thereof before and with the Officer or person as by the Commissi­oners shall be appointed to keep the Book for Entry of the same, and pay such Sum or Quantity of Tobacco as shall by the discretion of the Commissioners be rated upon such Lott and payable to the Owner of the said Land, and on such Lott shall build one twenty Foot square dwelling House at least within twelve [Page 28] Months [...] taking up the same, unless such building be larger than herein [...] shall by vertue thereof, and of the building and finishing as aforesaid invest [...] and builder as aforesaid, with an [...] of Inheritance in the said Lott, [...] him his Heirs and Assigns for ever, and be a perpetual Barr to the Owners and Persons interested in the said Lands either within or without this Province, even against his Lordship the Right Honourable Charles Lord [...] Lord Proprietary of this Province his Heirs and Successors; yielding and [...] to the said Lord Proprietary his Heirs and Successors for ever, [...] of one Penny Current Money for each respective Lott as aforesaid, [...] Sur­veyor of each Town and Port as aforesaid, shall have and receive [...] and Rewards for laying our and slaking the Towns and Lotts as aforesaid, as the said Commissioners shall allow and settle and no more, and any person or persons that shall build and inhabit in such Port or Town, and shall owe any Sum or Sums of Tobacco and will pay the same in such Towne as he shall be allowed ten per cent. for every Hogshead of four hundred weight and upwards so paid in Towns, to be deducted out of the Debt aforesaid; or pleadable in [...] of the Creditor.

And Be It Further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that any person or persons that have haretofore taken [...] any Lott or Lotts in either of the Towns by vertue of any former Law of this Pro­vince and built thereon according to the same former Law, they and every of them their Heirs and Assigns shall have and injoy a good and sure Estate of Inheritance to them and their Heirs for ever, under the Rents and Services herein mentioned, and the several Lotts so built on shall be deem'd and taken as part of the one hun­dred Lotts as aforesaid, and the same Town laid out as conveniently [...] as may be. And Be It Enacted by the Authority aforesaid▪ that at the Town and Port of Seavern in Ann-Arundel County shall be bought or valued by the Jury as before in this Act is mentioned, all that parcel or Neck of Land within Levy Neck Cove and Acton's Cove, lying and adjoyning or near to the Town Land as aforesaid, or so much thereof as by the Commissioners shall be found con­venient to be fenced in and called the Town Common or Pasture, and paid for & fenced in at the publick Charge, and shall be for the publick Use and Service when need shall require: And that the Inhabitants of the said Towns shall not raise any Stock of Cattle or Hoggs, Horses or Sheep more than what they can [...] and raise upon their respective Lott or Lotts and not more, at the discretion of the Commissioners of the said Towns!

An Act Impowering Richard Bishop of Talbot County Brother and Heir of Wil­liam Bishop late of Talbot County Deceased, to sell and dippose of so much Land as will amount to Fifty Thousand Pounds of Tobacco, for the Payment of the Charges expended in recovering of the said Estate.

An Act for Asertaining Naval Officers Fees.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That the several and respective Master or Masters of all Ships or Vessels trading and coming into this Province of what Burthen soever, shall at the time of Entring such Ships or Vessels as aforesaid pay unto the Gove­nour of this Province for the time being three pence per Tunn, for every Tunn of Burthen the said Ship shall be of, (all such Ships or Vessels as are bona Fide built in and belonging to the people of this Province excepted,) or give good caution to the Naval Officer with whom he or they shall Enter for the payment thereof.

And it is hereby Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that the several and respective Naval Officers of this Pro­vince, within their several and respective Districts, for the several Acts and things relating to his or their Office by him or them hereby injoyned to be done, shall have and receive the Fees hereafter mentioned and no more, (to wit) for Entring any Ship or Vessel coming and trading into this Province being under the burthen [Page 29] of one hundred Tunn, the Master thereof shall pay [...] with whom he sh [...]rrif [...] such Ship or Vessel [...] Sum of five Shillings Sterling and no more, and five Shillings [...] for the [...] thereof: And if such Ship or Vessel shall be above the burthen of one [...] hundred Tunns or upwards, the Master for the Entry [...] Officer as a [...] ten Shillings, Sterling, and [...]; And the said Naval Officers are hereby obliged to [...] what burthen soever of the built of this Province, [...] [...]habit & reside within this Province the Sum of two Shillings & [...], which is hereby allowed & ascertained him as a Fee, therefore, [...] of two Shillings six Pence shall clear the same.

[...] further Enacted by the Authority aforesaid, that all small Boats [...] this Province, and being under eighteen Foot by the Keel, shall pass and [...] any le [...]t, hindrance, molestation or seizure of the same, ( [...] they [...] have on Board them prohibited goods, or goods lyable to [...] Majesty's not Co [...]quetted or Clearing for the same,) without b [...] ­ing obliged to take out Permits for such passing and repassing as aforesaid; And that the Masters of all Shall [...]ps or open Sloops trading within this Province [...] pay unto the several Naval Officers, or their Deputy or Deputy's appointed for the [...] of Permits the Sum of two Shillings [...]ix pence yearly and no more [...] the granting of such Permits as aforesaid, and shall give good Security to be taken [...] Officer aforsaid in their Majesty's Name, that he or they shall and [...] observe the Acts of Trade and Navigation and other good Laws of th [...] [...] relating thereto.

[...] Be it further Enacted That all and every Collector and Collectors of this [...] shall have and receive such Fees for Entring and Clearing such Ships and Vessels [...] aforesaid, as are above allowed to the Naval Officers and no more; And that all Collectors and Naval Officers shall make a fair Table of all their [...] and [...]ang them up in their Offices, under the penalty of fifty pounds Sterling to their Majesty's their Heirs and Successors for the Support of Government, to be recovered in any Court of Record within this Province by Action of Debt Bill [...] Information, wherein no Essoyn Protection or Wager of Law shall be allowed.

An Additional Act to the Act for quieting Possessions.

WHEREAS [...] General Assembly begun and held at St. Mary's in the Province of Maryland the twenty seaventh Day of March in the nine and thirtieth Year of the [...] of C [...]cilius, &c. Anno Domini 1671. It was then & there amongst other things [...] viz. An Act for quieting possessions, which Act did assure & confirm all [...] by real Purchasers of all Lands Tenements and Hereditaments whatsoever, before the Day of the date thereof and not after.

And whereas at a General Assembly held at the City of St. Mary's the 13th. Day of April in the two and fortieth Year of the Dominion of Caecilius & c. Anno Domini 1674. Intituled An Act of Enroling Conveyances, and securing the Estates of real Purchasers, it was therein contained amongst other things, viz, that all that from thenceforth should purchase any Land of Inheritance, should purchase the same by Deed Indented, or other sure Deed, and inrole the same in the County where the Land lieth,, or in the Provincial Court, or the principal beads of the same Deed; clearly shewing and declaring the manner how Lands should pass from Man to Man. And forasmuch as the same Law did not provide for the Security of all those Titl [...]s that did pass from Man to Man from the 27 th. Day of March 1671. until the 1 [...] th. Day of April Anno Domini 1674. not no other Law extant for Securing those Titles, being under the same circumstances as those of 1671. We the Deputy's and Delegates of this present General Assembly do pray that it may be Enacted,

And BE IT ENACTED by the King and Queens most Excellent Maje­sty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, that the aforesaid Law Intituled An Act for quieting of Possessions, and all the branches & proviso's therein contained be in full force and [...]ertue until the 13 th. Day of April Anno Domini 1674. and not after.

[Page 31] measures hereafter to take in cases of that nature, it is prayed that [...] acted, And

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and by the [...] of the [...] that from and after the publication hereof no person or per­sons [...] or Administrators of any [...] within this Province, [...] or satisfie Debts contracted out of this Province, of [...], Debts due to their Sacred Majesty's only excepted, before debts due within this Province, from the Estate or Estates of any person or persons de­ceased shall be paid and satisfied; if such Executors or Administrators shall have Asse [...]ts [...] his her or their hands sufficient to satisfie and pay the same, [...] Administrators having respect to the quality of the Debts due within this Province as aforesaid, unless the creditor or creditors of the said deceased being persons residing out of this Province as aforesaid on any Action or Actions by him her or them brought against such Executors or Administrators as aforesaid, upon a­ny debt or contract of a higher nature than those contracted within this Province as aforesaid, be it by Statute Merchant or of the Staple, Judgment, Bend or other­wise do upon Tryal make it sufficiently appear that such Executors or Administra­tors [...] knowledge & Cognizance thereof upon due [...] as aforesaid [...] Executors or Administrators shall have paid debts of an infe [...]iour nature, not [...]coveted against them by due course of Law, or suffered Judgment to go against [...] for any such Debt as aforesaid, without pleading such foreign Debt in stay [...] Judgment, such Executor or Administrator not having Asse [...]ts in his her [...] Hands sufficient to pay the Debt as aforesaid, and satisfie the same, the [...] whom such Action shall be brought shall give Judgment and award Executio [...] against such Executors or Administrators de [...]ouis Proprit [...]s, to such Cre­ditor or Creditors as aforesaid, as the Law in that case directs, any thing in this pre­sent Act contained to the contrary thereof in any wi [...]e notwithstanding.

And for that it hath been found of evil Consequence, that Bonds, Bills, and o­ther [...] under, the Hand and Seal of any person or persons within this Province which are [...] very ancient da [...]e, and probably have been by the person or persons who were Debtors thereby long before paid and satisfied, but for want of due proof thereof or [...]he Receit for payment through length of Time become casualy lost such Debtors are laid liable by Law to pay and satisfie such Debt or Debts by them so formerly paid and satisfied as aforesaid. Be it therefore Enacted by the Authority aforesaid, by and with the Advice and Consent afore­said, that for the future no Bill, Bond or other Obligation under the Hand and Seal of any person or persons whatsoever, that hath been, or shall at any time here­after be taken of any of the Inhabitants of this Province aforesaid, that shall not be renewed within five Years from the publication hereof, or within five Years from the taking of such Obligation as aforesaid, and so for every five Years suc­cessively be suable or impleadable in any Court within this Province, Debts due to their Sacred Majesty's their Heirs and Successors, Bonds formerly given, or hereafter to be given into any Office within this Province, Debts due to any per­sons under Age, non Sana Memoria, or beyond the Seas and not returning within five Years as aforesaid. (only excepted) Provided that this Act not any thing therein contain'd be construed or taken to give any advantage or benefit to persons flying out of this Province and not returning within the time aforesaid, any thing in this present Act contained to the contrary in any wise notwithstanding.

An additional Act to the Act for Ports.

BE IT ENACTED by the king and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That the Town Land at Oxford in Talbot County con­stituted and appointed a Town and Port by a former Act of Assembly made at a Session of Assembly begun and held at the City of St. Marys the 21st. Day of Sep­tember Anno Domini 1694. be again Surveyed and [...] out, that is to say, some time before [...] last Day of September next, before the Commissioners in there­fore [...] Act nominated and appointed, bounding the same at low water [...] [Page 32] including the [...], and so to the old bounded [...] at the Southermost part of [...] that as well in the said Port & Town as [...]n the Port and Town of [...] there be one or more places laid out and reserved as the Commissi­oners of the respective Ports shall think fit for the building of Ships and other Ves­sels, and that the Officers of the Lord Proprietary for receiving [...] Duty's [...] payable to his said Lordship, be hereby obliged by themselves [...] unto Authorized and appointed to reside at the said Ports [...] patch of Ships and other Vessels Entring and Clearing at [...] as aforesaid.

And Be It also Enacted by the Authority aforesaid, that the [...] Arundel and Oxford for the fu [...]ure shall be called known and [...] names [...] appellations of Annapolis and Williamstad [...]., that is to [...] [...] Arundel to be called by the name of Annapolis, and Oxford by [...] William Stad [...], and that there be purchased to the said Town of William [...] one hundred Acres of Land adjacent to the said Town for a Common [...] Pasture, for the benefit of all persons within this Province that shall repair to the said Town, and that the same be laid out as above exprest, and that six Acres of the same be reserved for publick Buildings

An Act for Naturalization of Mathias Mathiason alias Freeman, [...] John and Joseph Goutee and Joseph and John Sons of the [...] Joseph Goutee, and Leonard Camperson.

An Act ascertaining the Fees for Naturalization.

WHEREAS divers complaints have been made, that [...] have taken and exacted immoderate Fees of persons Naturalized, for prevention thereof for the future,

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this presen [...] General Assembly and [...] Authority of the same. That the Fees to be taken by the several Clerks and Offi­cers belonging to the Assembly for the Naturalization, be such as shall be allow­ed and adjudged by the respective Assembly's when and where such persons shall be Naturalized, and that no person whatsoever presume to demand at exact any more Fees of any such [...] Naturalized than what are so allowed or [...] al­lowed, under the penalty of two thousand pounds of Tobacco to every such per­son exacting or extorting more than what is or shall be allowed by such Assembly [...] the Fees as aforesaid, the said Forfeiture to be recovered in any Court of Record within this Province by [...] of Debt Bill Plaint or Information wherein no Essoyn Protection or Wager of Law to be allowed the one half to their Majest­ies the other half to the Party grieved.

An Act for the division and regulating of several County's within this Pro­vince, and constituting a County by the Name of Prince-Georg's County within the samn Province.

WHEREAS divers of the Inhabitants of the County of St. Marys and Rent have by their Petitions complained that through the Irregularities of their County's being so [...]ill [...]itnated that their Court Houses or chief places of Judicature within their County's, cannot be Seated for the conveniency of tho Inhabitants and [...] to the same, therefore this present General Assembly have taken into their Serious Consideration to Redress the Agrievances for the future, do therefore humbly pray that it may be Enacted,

And BE IT ENACTED by the King and Queens most Excellent Ma­jesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, that from and after the twenty third day of April next being St. Georges Day, after the End of this present Session of Assembly, that the [...]ounds of St. Marys County shall begin at Point Look out, and extend it self up [Page 33] Potomack River to the lower side of Buds Creek, and so over by a straight Line drawn from the Head of the main Branch of the said Buds Creek to the Head of Indian Creek in Patuxent River, and which falls into Patuxent River, including all that Land lying between Patuxent and Potomack Rivers from the lower part of the said two Creeks and Branches of Buds and Indian Creek by the Line aforesaid, and Point Look, ou [...] as aforesaid, and upon the upper side of the said Indian Cree [...] & [...] Creek shall the Bounds of Charles County begin where the upper Bounds of [...] Marys ends, and extend it self upwards as far as Mattawoman Creek and [...] and bounding on the said Branch by a straight Line drawn from the head [...] to the [...]ead of Swansons Creek in Patuxent River, including all that land lying on the upper part of Buds Creek and Indian Creek [...]ranches where St. Ma­rys County [...] to the lower side of Mattawoman Creek and Branch Swan­sons Creek and Branch, between Patuxent and Potomack Rivers as aforesaid.

And Be It Enacted by the Authority aforesaid, by and with the Advice and [...] aforesaid, that the Land from the upper side of Mattawoman and Swan­sons Creeks and Branches extending upward bounded by Potomack on the West, and by Patuxent River on the East, shall be and is hereby constituted, founded, & Incorporated into a County of this Province, and shall be denominated called and known by the name of Prince Georges County, and shall from and after the said twenty third day of April next ensuing being o [...] Georges Day as aforesaid, have and injoy all other Rights Benefits and Priviliges equal with the other County's of this Province, such as sending Burgesses to Assembly's, having County Courts, Sherrifs, Justices, and other Officers and Ministers requisit and necessary & as are used in other County's of this Province.

And Be it Enacted by the Authority aforesaid, by and with the Advice & Con­sent aforesaid, that the several and respective persons hereafter in this Act menti­oned shall and are hereby Authorized Required, and Impowered to call to them the Surveyors of the County's and cause them to run out the Lines and Bounds of the said County's of St. Mary's Charles and Prince Georges County's as afore­said, that is to say, from the heads of the Branches of Buds and Mattawoman Creek to Indian and Swansons Creeks as aforesaid, that is to say, Mr. Robert Mason and Mr. James Keech for St. Mary's County, Mr. John Bayn and Mr. James Bigger for Charles County, Mr. William Hutchison & Mr. Thomas Green­field for Prince George's County, who are Required & Injoyned by this Act at or before the said twenty third day of April as aforesaid to cause the said two Lines kom the head of Buds Creek Branch to the head of Indian Creek Branch, and from the head of Mattawoman Branch to Swansons Creek Branch, fully to be marked and [...] by a double Line of marked Trees that the same may be known and perceived by all persons desiring to know the same, and shall return a Certifi­cate of the due courses thereof, one to each County concerned, that is to say St. Mary's, Charles and Prince Georges County's, and one more Certificate to his Excellency the Governour and Council to be Recorded in the Council Records & each County Courts Records aforesaid, under the penalty of one thousand pound of Tobacco to each person hereby nominated and appointed failing, and two thousand pounds of Tobacco to the Surveyor failing, one half to the Informer, the other half to the Vestry of the Parish where the Offender, dwells, to be reco­vered in any Court of Record within this Province, by Action of Debt Hill Plaint or Information, wherein no Essoyn Protection or Wager of Law to be allowed.

And Be It Further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that the place for holding the County Court of St. Marys County shall for ever hereafter be at the City of St. Mary's in the State House of the said City, there formerly built at the cost and charge of this Province, and in no other place of the said County whatsoever, the same State House being here­by allotted and appointed by this present General Assembly to the County of St. Mary's for holding and keeping their Courts in, and such other decent Services as to the Justices of the same County in full Court shall be consented and agreed to.

And Be It Further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that from and after the said twenty third day of April next after the end of this present Session of Assembly the Island of Kent shall be added [...] and made part of Talbot County and deemed reputed and taken as part thereof [Page 34] and that that part of Talbot County lying on the North side of Corsei [...]a Creek running up the main Eastern Branch to the head thereof, and then with a course drawn East, to the out side of this Province shall be the Southerly Bounds of the County of Kent, and on the North by the County of [...], any Law Statute or Usuage heretofore to the contrary notwithstanding.

And Be it further Enacted by the Authority aforesaid, by and, with the Advice and Consent aforesaid, that the persons herein nominated are authorized and im­powered and hereby appointed some time before the twenty third day of April [...]ext to [...] to them the Surveyor of the County of Talbot and cause the Bounds of the said County's of Kent & Talbot to be run out and marked by a double line of [...] to be marked between Kent and Talbot County's as aforesaid, that is to [...] Mr. William Coursey for Talbot County, & Mr. Symon Willmore for Kent County, who are hereby, authorized and required to see the same done and per­formed at [...] before the time aforesaid, and return a certificate thereof as afore­said, under the penalty aforesaid,, to be recovered as aforesaid.

An Act of Repeal of all Laws heretofore made in this Province, and Confirming all Laws made this General Assembly.

BE IT ENACTED by the King and Queens most Excellent Majesty's by and with the Advice and Consent of this present General Assembly and the Authority of the same, That those private Acts heretofore made at a General Assembly begun and held at the City of St. Mary's the 15th. day of May Anno Domini 16 [...]6. to wit, An Act for Settling the Inheritance of the real Estate of Robert Cager, as also his Personal Estate upon the Mayor, Recorder, Alderman & Common Council of the City of St. Mary's and their Successors for the uses in the said Robert Cagers Will mentioned, as also these other private Acts made at a General Assembly begun and held at the City of St. Mary's the 20th. day of October Anno Domini 1678. to wit, An Act for the Naturalization of Joshua Gui­bert, and one other Act for the Naturalization of James Peane and Magdeline his Wife, Ann Peane and Jacob Lookerman of this Province, and one other Act con­cerning the securing a Plantation with it's Appurtnances to Mary Ward Executrix of the last [...] and Testament of Mathew Ward of Talbot County deceas'd, to her and her Heirs for ever. And that all other private Acts whatsoever heretofore made be confirmed, [...], deem'd, reputed, and taken to be in full Force, any Act or Acts heretofore made to the contrary notwithstanding.

An Act for laying an Imposition [...] Commodities Exported out of this Province.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same. That from & after the publication hereof no person or persons what­soever inhabiting or residing within this Province shall Export any Furrs or Skinns [...] hereafter mentioned & exprest for England, or any his Majesty's Plantations here in America, but what he she or they shall pay unto his Sacred Majesty and his Successors to be imployed towards the maintenance of a Free School or Schools within this Province aforesaid, the several Duty's and Impost: hereafter following; that is to say for every Bear Sinn nine pence Sterling, for a Beaver four pence per Skinn, for an Otter three pence per Skinn, for wild Catts, Foxes, Minks, Fishers and Woolf Skinns one penny half penny per Skinn, for Musk [...]tt four pence per dozen, for Racoons three farthings per Skinn, for Elk Skinns twelve pence per Skinn, for Deer Skinns drest or undrest four pence per Skinn, for young Bear and Cubb Skinns two pence per Skinn; And that all non Residents from and after the publication aforesaid, that shall export out of this [Page 35] Province aforesaid any furrs of Skinns herein before mentioned and expressed for England or to any his Majesty's Plantations as aforesaid, shall for every Skinn or Furrs by him exported of what nature or quality soever being comprized within this Act, pay unto his Majesty or his Successor for the use [...] the Duty by this Act appointed to be paid by Persons inhabiting and residing within this Province as aforesaid the same several Impositions to be [...] by the se­veral [...] respective Naval Officers within this Province which said Naval Officers shall once [...] tender an Account of the said Imposition to the Governours Trust­ees and Visitors of the aforesaid Freeschool or Schools for the time being who shall and are hereby authorised and impowered to order and dispose of the same, to the Use [...] and Purposes aforesaid. And to the end the several Impositions may be [...] and duly paid without Fraud or Deceit.

BE IT ENACTED By the Authority aforesaid, that any person or per­sons whatsoever exporting any Furrs or Skinns our of this Province, shall at or before the shipping on Board of such Vessel in which such Skinns or Furrs shall be exported as aforesaid, render upon Oath an Account of the nature quantity and quality of the said Skinns by him her or them exported as aforesaid, and whether the same be his her or their proper Goods and Commodity's, or the Goods and Commodity's of any other person or persons, then whether he she or they to whom they properly belong as aforesaid, be Inhabitants or Residents of this Pro­vince aforesaid, which said Oath shall be exhibited by the several and resp [...]ctive Naval Officers or their Deputy's thereunto especially appointed, and if any per­son or persons whether Inhabitants or non Residents shall put on Boord any Ship or other Vessel any Furrs or Skinns for which he she or they shall not have paid the Imposition aforesaid, or given good and sufficient caution for the same to the Naval Officer of such Port and Place from whence such Furrs and Skinns shall be Shipp'd as aforesaid, or to his Deputy for the time being, and a Certificate from under the Hand of such Naval Officer or his Deputy produce for the payment or caution by him given for payment of the Imposition aforesaid, he she or they so offending shall forfeit and loose all his her or their Furrs or Skinns so Shipped as aforesaid, one half thereof to his said Majesty and his Successors for the use aforesaid, the other half to him or them that shall inform and Sue for the same, to be recovered by action of Debt, Bill, Plaint, or Information wherein no Essoyn, Protection, or wager of Law shall be allowed. And that the Master of any such Ship or Vessel that shall willingly or knowingly take on Board his said Ship or Vessel any Furrs or Skinns as aforesaid, for which the party or party's Shiping the same shall not produce a certifi [...]cate as aforesaid, being thereof Lawfully con­vict shall forfeit and pay the Sum of five thousand pounds of Tobacco, one half thereof to his Sacred Majesty and his Successors for the use aforesaid, the other half to him or them that shall inform or Sue for the same to be recovered as afore­said, and that the several and respective Naval Officers of the several and respect-Ports may and are hereby Authorized and Impowered when, and as often as he or they shall think fit to enter into any Ship or Vessel trading to and from this Pro­vince, or into any House, Ware-House, or other Building and open any Trunck, Chest, Cask or Fardle, and search to make in any part or place of such Ship or Vessel, Houses or Buildings as aforesaid, where such Naval Officer shall suspect any such Furrs or Skinns to be as aforesaid, for which no Account is given or Du­ty paid as aforesaid, and upon finding any such Furrs or Skinns unqualified for exportation as aforesaid, them to seize and have condemned, as by this Law [...]s before directed.

And Be It Further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that from and after the publication hereof as aforesaid, all persons not being Inhabitants of this Province exporting out of the same any beef pork or bacon shall pay unto his Sacred Majesty and his Successors for the use in this Act before mentioned and exprest the several Imposts following, (that is to say) for dryed beef and bacon twelve pence the hundred weight, and so proporti­onably for greater or lesser quantity's, and for beef or pork undried twelve pence the Barrel, each Barrel to contain two hundred weight; And that no undried beef & pork be exported out of this Province but in Cask as aforesaid, which said several Impositions shall be collected and gathered by the said several and respect­ive Naval Officers who shall be accountable for the same, and have full Authority [Page 36] to enter any Ship or other Vessel as aforesaid and to make search for every such prohibited Goods as aforesaid, in such method and maner as in this Act is before mentioned and exprest, and if any person whatsoever being non Resident as afore­said, shall put on Board any Ship or Vessel any beef, bacon or pork for which he she or they shall not have a certificate as aforesaid, or that shall Ship on Board a­ny beef or pork undried, not being in Cask as aforesaid, such person or persons [...] offending shall forfeit & loose all his her or their meats so Shipped as aforesaid, one half [...] said Majesty and his Successors to the use aforesaid, and the other [...] informer to be recovered as aforesaid.

And every Master of a Ship or other Vessel that shall wittingly or knowingly [...] on board his said Ship or Vessel any beef, bacon or pork contrary to [...] and meaning of this Act, being thereof Legally Convict shall forfeit & p [...]y the Sum of five thousand pounds a [...] Tobocco, one half thereof to his said Majesty or his Successors for tho use aforesaid, the other half to the Informer or him [...] that shall Sue for the same, to be recovered as aforesaid.

And for the better understanding what persons shall be adjudged non Residents, It is hereby Declared and Enacted by the Authority aforesaid, that all persons whatsoever tra [...]ing to and from this Province shall be adjudged, deem'd, & taken as non [...] having a Seated Plantation of fifty Acres at the least where­as he [...] she [...] Family (if any) have resided, for and during the space of [...], and that within the time a [...]d term of twelve Months before any benefit [...] and by vertue of this Act, or that hath, or hereafter shall have an House [...] some Port or Town as his or their proper Freehold being fourty foot in length & twenty foot in breadth with two Brick Chimneys to the same, wherein he she or they shall have resided for and during the space of one whole Year as a­foresaid, and that no such person or persons trading to and from this Province having Houses in any Town or Port within the same, whereby he she or they may [...] any Benefit or Freedom in this Act given to the Inhabitants thereof, shall Have Hold or Enjoy, such Benefit and Privilege as aforesaid any longer then he she or they or his her or their Family shall in such Port or Town actualy inhabit & reside Provided allways that it is the true Intent and Meaning of this Act, that no Person or Persons whatsoever as sha [...] trade directly from England hither be constru­ed, deem'd, reputed, or taken as Foreigners, but that all and every such person [...]o trading directly [...] England to this Province as aforesaid, have free Liberty in the Exportation o [...] any Skinns or Furrs whatsoever, or in the Exportation of any meat dried or undried equal with the Inhabitants of this Province, paying such Duty's a [...]d impositions for the said several and respective Commodity's a [...] this Law hath impos'd upon the Inhabitants as aforesaid and no more.

And Be it also further Enacted by the Authority aforesaid by and with the Ad­vice and Cosent aforesaid, that one former Act of this Province, Intituled an Act for the laying an Imposition upon several Commodity's Exported out of this Pro­vince, be and is hereby Repealed.

Provided allways, and it [...]s the true intent and meaning of this Act, that no per­son or persons whatsoever having in any part Transgressed against the aforesaid Law during the time it was in force being as yet undiscovered or unprosecuted for the same: shall have and receive any benefit or advantage by the repeal thereof but that upon the prosecution or discovery of such person or persons so having offend­ed as aforesaid the said Laws shall be pleadable in any Court within this Province, wherein any Plaint or Information shall be brought against any such person or per­sons as aforesaid, and Judgment thereupon by the Justices of the said Court given as the nature of the case shall require, in as full and ample manner as though the said Law at the time of the prosecution aforesaid were then actually in Force, any thing before mentioned or [...]ecited to the contrary hereof notwithstanding.

An Act for the securing Persons Rights to Town Lands.

WHEREAS it is represented to this General Assembly that several persons of this Province and others, that have taken up Lotts i [...] several Towns Lands laid out and Surveyed for Towns according to the directions of se­veral Laws of this Province heretofore made, that is to say, one Law made at a [Page 37] Generall Assembly held at the Ridge in Ann-Arundel County the 2d day of Octo­ber 1683. intituled An Act for Advancement of Trade and one other Act [...] General Assembly held at the City of St. Marys the first day of April 1684. [...] and supplementary [...] to the Act for advancement of Trade, and one other Act made at a General Assembly held at the City of St. Marys the 27th, day of October, Intituled a further additional Act to the Act for advancement of trade [...] Supplementary Act of the same, as by the same severall Acts of Assembly [...] upon Record in the Secretary's Office of this Province may appear. And notwithstanding severall persons who relying [...]ad depending upon the B [...]nefits & Priviledges in the said Laws granted, have taken up Lotts in the said Towns enter­ed them and paid for them or were ready to pay for them as the Law directed, and have built [...]nd improved thereon, yet they are now threatened disquieted and dis­turbed by the persons claiming Right to the said Lands upon pretence that because that the said Acts are since repealed the Titles of such Takers up Builders and Im­provers are destroyed and die with the said Acts of Trade, contrary to the true Sense of rational Construction of the same Laws or any other of like nature, to prevent therefore and take off all such unnecessary Scruples and Doubts thereof,

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, That all and every person or persons that during the continuance of the [...]e­fore mentioned Acts of Assembly did take up, pay for, or rendered or were ready to pay for any Lott or Lotts of Land in any Town Land laid out and allotted for Town Lands by the former Laws or any of them and the some Lott made due on try thereof, and hath built and improved upon the same, and followed the direc­tions of the above mentioned Laws, they the said person and persons so taking up [...] building on and following th [...] directions of the said Laws, their Heirs & Assigns shall have hold and injoy a good sure inde [...]eazable Estate of Inheritance in Fee Simple of in and to every such Lott and Lotts of Land so taken up and built on as aforesaid, according to the said Laws directions to them and their Heirs for ever, as fully largely and amply to all intents and purposes as if the said former Laws were still in force or had never been Repealed.

Provided always, that where any person or persons that hath so taken up built and improved, and hath not paid the price set upon the same, that every such per­son is hereby injoyn'd to pay the said value of the said Lott to the Owner and Claimer of the said Land upon demand without fraud or covin.

An Act for the Naturalization of Michael Curtis and others.

At an Assembly held at the Town of Annapolis the 30th. day of April in the VIII. Year of the Reign of our Sovereign Lord King William the III. of England &c. Annoq▪ Domini 1696; [...] Enacted,

An Act impowering the Commissioners of the County of Kent to purchase three Acres of Land whereon to build a Court House.

An Act for speedy Justice and Incouragement of Trade.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Autho­rity of the same, That from and after the publication hereof, if any person or per­sons whatsoever be owing to any person or persons residing within, or trading into this Province any Sum or Sums of Tobacco or Mony being above the Sum of two hundred pounds of Tobacco [...] twelve Shillings, and not above the Sum of ten thousand pounds of Tobacco of fifty pounds Sterling, being due by Bill, Bond, Note, Book or Account, or by any publick o [...] County allowance, or any Officers [...] where Execution is not given by Law for the same, and the party Creditor [Page 38] is desirous of a speedy recovery of the same, he shall and may by virtue of this Law recover the same in manner and form following, that is to say, when the Party Plaintif Sues out his Writt against the Defend [...]nt he shall deliver therewith a true Copy of his Declaration against the Defendant to the Sherrif with the Writt and if the Sherrif can serve the said Writt eight days before the day of the return thereof, and at the time of serving the same shall deliver the Defendant a Copy of the Declaration the said Defendant shall and is hereby bound & oblig'd to come to a Tryal with the Plaintif upon the Cause at the return of the said Writ without any Impar [...]ance or Reference whatsoever. And it shall and may be Lawful to the Justices of the several County Courts before whom such matters shall be brought, to award Judgment against such Defendant upon his refusal or neglect to plead or answer, except in some very extraordinary Cases or Accidents at the dis [...]tion of the Justices, and for the ascertaining the allowances of the publick Leavy of this Province and what each person has therein, and for recovery of the [...] the Sher­rif of every County shall at the next County Court after the publick Leavy or al­lowances comes to his hands deliver a Copy thereof to the Clerk of the County Court sign'd by him as a true Copy under the penalty of two thousand pounds of Tobacco for every time such Sherrif shall fa [...]l therein, to the use of the Vestry of the parish where the Sherrif dwells, and the Clerk shall make a true Copy thereof attested by him and set up at the Court House, that all persons, having any allow­ance therein may take knowledge thereof, and the other part shall Record, under the penalty of two thousand pounds of Tobacco to the use aforesaid, which Fines and Forfeitures shall and may be recovered in any County Co [...]wby the Vestry as aforesaid, by Action of Debt Bill Plaint or information, where [...] no Essoyn Pro­t [...]ction or Wager of Law shall be allowed.

An Act for the Naturalization of John Edgar of Somerset County:

An Act for Sactifying and keeping Holy the Lords Day commonly called Sunday.

FORASMUCH as the Sanctifying and keeping Holy of the Lords Day commonly called Sunday hath been, [...] is esteemed by the present, all the Primitive Christians and People to be a principal part of the Worship of Almighty God, and the Honour which is due to his Holy Name.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that from and after the publication of this Law, no person or per­sons whatsoever within this Province shall work or do any bodily [...]abour or Oc­cupation upon the Lords Day commonly called Sunday, nor shall command of wilfully suffer any of his her or their Children, Servants of Slaves to work or la­bour as aforesaid, (the works of absolute necessity and Mercy allways excepted) no [...] shall suffer or permit any of his her or their children, servants or slaves, or any other under their Authority to abuse or prophane the Lords Day as aforesaid, by Drunkenness, Swearing, Gaming, bowling, Fishing, Hunting or any other Sports Pastimes or Recreations whatsoever. And if any person or persons within this Province from and after the publication hereof shall offend in all, or any of the Premisses, he she or they so offending shall forfeit and pay for every offence the Sum of one hundred pounds of Tobacco to the use of the poor of the parish where the said Offender or Offenders do dwell and reside, the said offences or any of them being done in view of any Justice of the Peace, Magistrate or other head Of­ficer of any County, City or Town Corporate within this Province within their li­mits respectively, or being proved by the Oath of two or more Witnesses, or by confession of the party offending before any such Magistrate, Justice or head Officer [Page 39] within their several Limits respectively wherein such offence [...] shall be committed, to wick End every Justice, Magistrate or other head Officer shall have power by this Act to administer Oath to such Witness or Witnesses, any of which Sum or Sums of Tobacco so forfeited shall and may be executed and leavyed by the Sher­rif or Constable by Warrant to any of them directed from any such Justice or Just­ices [...] the Peace, Magistrate or other head Officer as aforesaid within their several [...], where all or any of the said offences shall be committed or done, by dis­ [...]ress or sale of the Offenders Goods rendring the party the overplus [...], all which Forfeitures shall be to our Sovereign Lord the King his Heirs and Successors to the use aforesaid, to be recovered in any Court of Record within this Province by any person that will Sue for the same, by Bill Plaint or Information, wherein no Es­soyn Protection or Wager of Law to be allowed. And the said Justices, Magis­trates, head Officers, Sherrifs or Constables shall render an Account thereof at the next Court to be holden for the respective County's, City or Burroughs where th [...] [...] offence shall be committed; And in default of [...] distress the Sherrif, under Sherrif, or Constable are hereby Authorized and Impowered to bring the party offending before the next Justice of [...], who is hereby authorized and impow­ered to bind such Offender or Offenders over to the next Court to be holden for the County, City or Burrough respectively, and to be during [...] interval of good behaviour.

And Be It Enacted by the Authority aforesaid, by [...] with the Advice and Consent aforesaid, that the Minister of each respective Church or Chapel of this Province, do in pursuance of his Majesty's Royal Letter directed to the Right Reverend Father in God Henry Lord Bishop of London, and Countersigned by the Right Noble Prince Charles Duke of Shrewsbury their Majesty's principal Secre­tary of State, bearing date the 13th. of February Anno Domini 1689. to be com­municated to the Provinces of Canterbury and [...] by himself or Clark read four times a Year, all penal Laws of this Province made for punishment of Vice. to­gether with his said Majesty's Royal Letter within their several and respective Parishes; on penalty of two thousand pounds of Tobacco to be recovered as afore­said, to the use aforesaid.

Be It likewise Enacted by the Authority aforesaid, by and with the Advice & Consent aforesaid, that no Ordinary Keeper or any other Master or Mistress of a Family from and after the time aforesaid, either directly or indirectly by any Co­lour or pretence whatsoever, (unless in cases of absolute necessity) shall or may upon the Lords Day sell any strong liquor whatsoever to any person whatsoever, or knowingly or wittingly suffer or permit in or about his her or their House or Houses any tipling, drunkenness, gaining, exercise or pastime whatsoever as afore­said, being Covicted thereof by two sufficient Witnesses shall forfeit the Sum of two thousand pounds of Tobacco, one moiety thereof to our Sovereign Lord the King his Heirs and Successors to the use aforesaid, the other half to him or them that shall Sue for the same to be recovered as aforesaid, and if an Ordinary-keep­er to loose his Licence.

And It is hereby further Enacted, that the several Clarks of the several County Courts within this Province be obliged hereby to suffer and permit the several Clarks of the several Vestry's to take Copy's of all and singular the Acts of Assem­bly relating to Religion gratis, without taking or receiving any Fee therefore, under penalty of two thousand pounds of Tobacco to such County Clark refusing the same to the use aforesaid, to be recovered as aforesaid.

To his most Excellent MAJESTY,

FROM the Sincerity of our humble & Loyal Hearts, we offer to your Sacred Person our most dutyful & sincere thanks for your Royal Care & Protection to us, for your Majesty's Princely Zeal & Pious Care of our Mother the Church of England, and extending your Royal Benediction to our Neighbouring Colony your Majesty's Subjects and Territory of Virginia, in your gracious Grant and Charter for the propagation of the Colledge or Place of universal Study in that your Majesty's said Colony. In humble Contemplation whereof, and being Ex­cited by his present Excellency Francis Nicholson Esq▪ your Majesty's Governour [Page 40] of this your Province, his Zeal for your Majesty's Service, Pious Endeavours & generous Offers for the propagation of Christianity and good Learning, herein [...] beco [...] humble Suitors to your most Sacred Majesty to extend your Royal [...] Favour to us your Majesty's Subjects of this Province represented in this your Ma­jesty's General Assembly thereof, that it may be Enacted,

And MAY IT BE ENACTED by the Kings most Excellent Majesty by and with the Advice Prayer and Content of this present General Assembly and the Authority of the same, That for the propagation of the Gospel, and the Edu­cation of the Youth of this Province in good Letters and Mannors, that a certain place or places for a Free School or Schools, or place of Study of Latin [...], Greek, Writing and the like Consisting of one Master, one Usher, and one Writing Mas­ter or Scribe to a School, and one hundred Scholars, more or less according to the ability of the said Free School, may be made, erected, founded, propagated & esta­blished under your Royal Patronage, And that the most Reverend Father in God Thomas by Divine Providence Lord Archbishop of Canterbury Primate & Metropo­litan of all England, may be Chancellor of the said Schools, and that to perpetu­ate the Memory of your Majesty it may be called King William's School, & man­aged by certain Trustees to be chosen & appointed by your Sacred Majesty, (to wit) as also by the following Trustees nominated and appointed by this present gener­al Assembly, that is to say, by your Majesty's said Governour Francis Nicholson Esq▪ The Honourable Sir Thomas Laurence Barro-Knight, Colonel George Ro­botham, Colonel Charles Hutchins, Colonel John Addison of your Majesty's Honourable Council of this Province; The Reverend Divine Mr. Peregrine Cony and Mr. John [...], together with Robert Smith, Kerielm Cheslodyn, Hen­ry, Cour [...]ey, L [...]ward Dorsey, Thomas Ennals, Thomas Tasker, Francis Jenkins, William [...], Thomas Smith, Edward Boothby, John Thompson and John Big­ger Gentlemen or the greatest part or the Successors of them, upon and in a cer­tain place of this Province called Ann-Arundel Town upon Seavern River, and to such other place or places as by the General Assembly of this Province shall be thought convenient & sitting to be supported & maintained in all time coming, and that your Majesty will for your Heirs and Successors grant and give leave to the said Francis Nicholson Esq▪ and Trustees abovesaid, or the major part or long­est Livers of them that they may be enabled to take, hold and injoy, and that they may be apt & capable in Law for taking, holding and injoying all Manors, of Lands, Tenements, Rent Services, Rectory's, Portions, Annuity's, Pensions, with all other Inheritances, Franchisses and Possession whatsoever Spiritual or Temporal to the value of fifteen hundred pounds Sterling, and all other Goods, Chattels, Money and Personal Estate whatsoever of the Gift of any persons whatsoever that is willing to bestow them for the said use, or any other Gifts, Grants, Asignments Legs eyes, or Appointment of the same, or of any of them or of any other Goods whatsoever [...] with this express intention and trust put in them, That the said Fran­cis Nicholson and other the Trustees aforesaid, or the major part or longest livers of them, shall take and hold the premisses and shall dispose of the same and of the Rents, Revenues, and Profits thereof or of any of them; onely for defraying the Charges that shall be laid out in erecting and fitting the Edifices of the said intend­ed Freeschool or Schools as they or the major part of them shall think most expe­dient, unto the said Freeschool or Schools shall be actualy erected, founded, and established. [...] upon the Trust and Intention, That as [...] the said Free-School or Schools shall be erected and founded: the said Francis Nicholson and other the Trustees above named, shall from time to time and at all times hereafter apply all such Lands Tenements Rents Annuitys Goods Chatels Profits Income or Advantages whatsoever Reall or Personall, or as much as shall not be laid out and bestowed upon building th [...] laid Freeschool or Schools as aforesaid as shall be hereafter expressed. And that when the said Freeschool or Schools shall be so erect­ed and established, the said Francis Nicholson and other the Trustees above nam­ed or the major part or longest litters of them shall Apply and Appropriate to the Use Benefit and Maintenance out of the Revenues or Incom [...] to the said Trustees to the use aforesaid, the sum of One hundred & twenty Pounds Sterling per Annum for the salary support & maintenance of the said first mentioned Freeschool, Master Usher & [...], and the necessary Repairs and Improvements of the same, as to the [Page 41] said Francis Nicholson and Trustees aforesaid, the major part or Survivors of them shall seem expedient from time to time to ordain in the Premisses, and that for the uses and purposes aforesaid, they the said Francis Nicholson and the Trus­tees aforesaid, the Survivor or the major part of them shall and may be incorpo­rated into a Body politick by the Name of the Rectors, Governours Trustees, and Visitors of the Free-Schools of Maryland, with full power to plead and be im­pleaded, to Sue and be Sued, to defend and be defended, to answer and be an­swered in all and every Cause, Complaint and Action, real, personal and mixt of whatsoever kind and nature it shall be, whatsoever Courts and Places of Judica­ture belonging to your Majesty your heirs or Successors, or by from or under your Royal Great or Authority, and that your Majesty will be graciously pleased to give and grant your special Licence as far as your Majesty sees expedient to the said Francis Nicholson Esq▪ and the other Trustees aforesaid, that they o r any of them, or that any person or persons whatsoever after the said Free-School or Schools is, or are so erected, founded and established or before, may have power to give and grant, assign and bequeath all or any manner of Lands, Tenements, Rents Services, Portions, Annuity's, Pensions, Inheritances, Franchisses and Pos­sessions whatsoever Spiritual or Temporal to the value of fifteen hundred pounds Sterling per Annum besides all Burthens, Reprizals and Reparations to them th [...] said Francis Nicholson and other the Governours, Trustees and Visitors of the said Freeschools of Maryland, the major part or Survivors of them incorporate for the uses aforesaid, to them and their Successors for ever.

And further, that the said Francis Nicholson and other the Governours. Trustees and Visitors aforesaid the longest Livers and Successors of [...] be the true, sole and undoubted Visitors, Trustees and Governours of the said Freeschool or Schools in perpetual Succession for ever, to be continued in the way and manner hereafter specified, with full & absolute Power, liberty & authority in making and ordaining such Laws, Orders and Rules for the good government of the said Free­school or Schools, as to them the said Trustees, Governour and Visitors aforesaid and their Successors, shall from time to time according to the various occasions and circumstances seem most fit and requisit, all which shall be observed by the Master, Usher, Tutors and Scholars of the said School upon the penalty therein contained.

Provided notwithstanding, that the said Rules, Laws and Orders be no ways contrary to your Majesty's Prerogative Royal, not to the Laws and Statutes of your Kingdom of England or Province of Maryland aforesaid, or to the Canons and Constitutions of the Church of England by Law Established, and that they the said Governours, Visitors and Trustees aforesaid and their Successors, shall for ever be Eighteen Men, and not exceeding Twenty in the whole, to be elected & constituted in the way and manner hereafter specified, of which one discreet and fit person that shall be called Rector of the said Freeschool and Schools, and that from time to time and in all times coming the said Rector shall exercise the said Office during one Year (Death and Legal Disability excepted) and after till some others of the said Visitors and Governours of the said School or Schools shall be duly elected, preferr'd and Sworn to the said Office, & that from time to time, and at all times coming after the said Year is expired; or after the death of the said Rector, the Year the Visitors or Governours of the said School or Schools or the greatest part of them or their Successors should have power to elect and nominate another discreet and fit person from amongst themselves to be Rector of the said Freeschool or Schools, and that he who is so elected, preferr'd and nominated in­to the place of Rector as aforesaid shall have power to have, exercise and injoy the said Office of Rector for one whole Yea [...] except before excepted then next ensuing and thereafter until some other Rector of the said School or Schools, shall be du­ly elected, preferr'd to and Sworn in the said Office, and to perpetuate the Succes­sion of the said Governours, Rectors and Visitors, and that as often as one or more of the Governors or Visitors of the said School or Schools, shall die or re­move himself and family out of this Province into any other Country for good & all; That then and so often, the Rector for the time being and the other Visitors and Governors of the said Free-School and Schools then surviving and remaining within the Province or the major part of them, shall and may have leave to Elect, Nominate and Choose one or more of the principall or better sort [Page 42] of the Inhabitants of the said Province into the place or places of the said Visitor and Governours so dead or removed, and so to fill up the number of the Visitors & Governours for the said School and Schools, and that he and they be elected and chosen shall take his and their Corporal Oath before the Rector and other Visi­tors and Governours as aforesaid, or the major part of them well and faith­fully to execute the said Office, which Oath the Rector and two or more of the said Visitors shall have power to administer, and that after taking the said Oath he or they shall be of the number of the said Visitors and Governours of the said School or Schools.

And further, that the said Rector for the time being by and with the Advice & Consent of three or more of the said Governours and Visitors shall and may from time to time and as often as need shall require and they see convenient call and convocate the said Governours and Visitors together, to do, [...] and [...] to such things as for the propagation, good and benefit of the said Freeschool or Schools shall be ordained and established, and that the said Governours and Vi­sitors shall and may hold such their Court or Convocation in [...] or such part thereof as to them shall seem convenient, and shall and may from time to time punish any disorders, breaches, misdemeanors or [...] of any Master, usher, scribe or scholars of any such freeschool or schools, against any orders, [...] or Decrees of the said Governours & Visitors aforesaid, and if they find cause to alter, displace a [...]d turn out any Master, [...] or [...] of any such School or Schools, and put others in their Steads and Places as to the said Rectors, Gover­nours and Visitors of the said School or Schools, or the major part of them shall seem convenient and fitting, and also that the said Rectors, Governours and Vi­sitors of the said Freeschool or Schools and their Successors shall have one co [...]on Seal which they make use of in whatsoever cause and business belonging to them and their Successors relating to the said Office of Rector, Governours & Visitors of the said Freeschool and Schools, and that the said Governours and Visitors may have leave to break, change and renew their said Seal from time to time at their pleasure as they shall see most expedient.

And further, that it may please your Majesty to grant to the said Rector, Go­vernours and Visitors aforesaid of the said Freeschool or Schools aforesaid, that as soon as they shall be enabled by any Gifts, Grants, Pensions, Donations [...] In­com [...] of any Mannors, Lands, Tenements or other Estate whatsoever real or per­sonal exceeding the Sum of one hundred and twenty pounds per Annum, allotted and allowed for support and reparations of the first streeschool at Seavern as afore­said▪ that then as they shall be enabled as aforesaid, the said Rector Governors and Visitors shall proceed to erect found and build one other Free-School at the Town of Oxford on the Easter [...]n shoat of this Province in Talbot County, or in such place of the same County as to the said Rector Governors & Visitors afore­said shall seem most expedient. And after the same shall be built founded & establi­shed, to appropriate and apply to the said second Free-School out of the Treasure acr [...]wing to them for the Benefit and Advantage of Free-Schools aforesaid over & above the One hundred and twenty pounds per Year allowed as aforesaid to the first Free-School. The like sum of One hundred and twenty pounds per Year for the Benefit Advantage and Support of such second Free School, and shall and may place a Master Usher and Scribe thereon as in the other first Freeschool as aforesaid, and shall in all respects be under the same benefits, privileges Injuncti­ons and Restrictions as the said first Freeschool, and also after the said second Freeschool is built erected founded and furnished the said Rectors, Governours & Visitors shall as fast as they shall be enabled as aforesaid, proceed to the erecting other and more Freeschools in this Province, that is to say in every County of this Province, at Present one Freeschool, and shall and may be impowered to esta­blish, constitute, injoyn and restrain to & under the fame benefits advantages, in­junctions and restrictions as aforesaid, and appropriate and apply such & so much of the said Revennue not before disposed or ordained to each Freeschool, as to them shall seem most convenient and expedient, not exceeding one hundred and twenty pounds per Annum as aforesaid.

And Be it hereby Enacted by the Authority aforesaid, that a supplementary Act for Freeschools made at a Session of Assembly begun and held at the City of St. Marys the [...]. day of September 169 [...]. be and is hereby utterly repealed and made void.

An Act for keeping good Rules and Orders in the Port of Annapolis.

An Act for the confirming Titles of Land given to the use of the Churches and several Chapels within this Province, impowering the Commissioners of the respective Countys and Vestrys of the respective Parishes to take up certain parcels of Land for the use of the same.

WHEREAS several pious and well disposed persons have given and [...] the respective Parishes whereto they do belong certain par­cels of [...] for the use and benefit of a Church and Church-yard, which said Land through the neglect of the Vestry's whereby an Act of Assembly of this Pro­vince made at a Sessions of Assembly held at the sort of Annapolis the twentieth day of July Anno Domini 1696. Intituled [...]n Act for the [...] of Almighty God & Establishment of the Protestant Religion, were thereby capacitated and impowered by the [...] of the principal Vestryman and the rest of his [...]thron Vestrymen of such Parish to take and receive any Dead or Gift for the [...] notwithstanding the charges of the respective Perishes [...] building Churches [...] Chapels thereon is like to be lost, or the Title thereunto very disputable for want of such Deed of gi [...]t or Conveyance Inroled and Recorded as by the Act of Assembly is required, the first [...] or Granters thereof being dead, and the Heirs of such Donors or Grantors either refusing to make over such Lend as aforesaid, or under age not capable of so doing.

BE IT THEREFORE ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that all such Lands as have formerly been given to the use of any Church or Chapel, & for which th [...] Donors or grantor, thereof in their Life times having no [...] given any Deed of Gift for the same, or otherwise refusing so to do, and in confidence of whose promise the Perish have been at the charge of erecting and building their Churches thereon, be and remain to the use of the Parish for ever, against all Claims or pretensions of Claims made, or that hereaf­ter shall be made by such Donors or Grantors, or his or their Heirs Executors or Assigns as firmly and absolutely as if the same had been made over by Deed of Gift, Grant or otherwise inroled and Recorded as aforesaid.

And to the end it may be known what Lands have been so given to the use of any Church or Chapel aforesaid and made over and confirmed by Deed of Gift or Grant as aforesaid, the Grand Jury in [...] respective County within this Province next after the publication of this Act shall have in charge to inquire by what titles such Lands, whereupon the several Churches or Chapels aforesaid, within the respective Parishes and in their [...] are held and to render an Account there of to the Court, who are hereby impowered where any such Lands shall appear to be given and not confirmed as aforesaid, in open Court to examin Witnesses in perpetuam Rei Memoriam, and the same Cause to be Recorded in the County Re­cords, which shall be deemed, adjudged and taken in all Courts of Record within this Province as sufficient proof of the Donation or Grant, as also to the quantity of Acres given or granted as aforesaid, and in case it shall appear upon such exa­mination, that Lands have been given for the use of any Church, Chapel and Church-yard as aforesaid, but the quantity thereof not mentioned by the Donors or Grantors thereof as aforesaid, that then, and in every such case, the Vestry of the respective Parish where such Gift or Grant hath been made, and the quantity not ascertained as aforesaid, may demand and take of such Lands for the use of the Church and thereto [...] two Acres and no more, which they shall cause to be Surveyed and slaked out, and make return of two Certificates thereof, [...] of which must be Recorded in the County Court, and the other in the high Court [Page 44] Chancery, there to be Registred in perpetuam Rei Memoriam as aforesaid.

And Be it further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that where the Vestry of any Parish with [...] this Province have, or shall think convenient to place either Church or Chapel of Ease within their respective Parishes for the better conveniency of their Parishoners, but the Owner or Owners of such Land chosen out and appointed by such Vestry as a­foresaid, for the use of their Parish aforesaid, either refusing to make sale thereof, o [...] being unreasonable in his or their demands for the same, or otherwise incapa­citated by non age, non sa [...]e memaria, or being beyond the Seas, that the [...] and in every such case, the respective Vestry's of the respective Parishes shall apply them­selves to the Commissioners of the County Court whereto they belong, upon whose application the said Commissioners shall forthwith grant their Warrants to the Sherrif of their County thereby requiring him at a certain day and time to be by them nominated and appointed to impannel a Jury of substantial Freeholders next adjacent to the Land in quo [...] aforesaid, which said Commissioners and Jury afore­said shall proceed in all things as by another Act of Assembly Intituled (an Act impowering the Commissioners of the several and respective Countys to take up [...] pur­chase Lands for their County Court Houses) they are directed not [...] two Acres, as before in this Act is mentioned and exprest, any thing in this Act, or any other [...] to the contrary notwithstanding.

An Act for the [...]etter enabling Mrs. Catherine Herman Widow and Relict of Colonel Casparus Augustin Herman deceased, to sell Land in the Port of Annapolis according to the contract of her said deceased H [...]sband.

An Act impowering the Commissioners of each respective County to purchase Lands for the use of their respective Courts.

WHEREAS it has been represented to this General Assembly that sun­dry Court Houses within this Province, for the better conveniency of their respective Countys have been b [...]th upon Land whereunto the Countys could make no legal Claim or Challenge, the Owners thereof either refusing to make sale, or otherwise incapacitated of so doing by reason of non age, or being be­yond the Seas, which evil if not prevented will be very prejudicial to such Coun­tys who have already laid out and expended considerable Sums of Tobacco in erecting and building such Court Houses aforesaid.

BE IT THEREFORE ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that the Commissioners of the several and respective Countys within this Province, whose Court Houses are erected that did otherwise [...] Courts on Lands whereunto the respective County can say no just Title or [...] to as aforesaid, do at or before the tenth day of April next ensuing meet at their respective Court Houses ( [...]f any) or otherwise at such usual place where Courts are by them held as aforesaid, and there treat, contract and agree to and with the Owner or Owners of such Lands whereon such Court House shall stand or Courts be held as aforesaid, for such and so much Land in that part and place where such court house stands or courts held as aforesaid as to them may seem con­venient for the use thereof not exceeding the quantity of three Acres, and upon agreement with such person or persons or persons partys Owners as aforesaid, or his or their Attorney or Attorneys by him or them impowered to make sale there­of, to receive a Conveyance thereof in the Name of his Majesty his Heirs & Suc­cessors, to the use of the County before mentioned, and the same shall Record in the County Courts as by Act of Assembly is required, and the Sum or Sums of Tobacco by them so contracted & agreed for to be Leavied by an equal assess­ment on the respective Countys for and in satisfaction of the purchases aforesaid. But in case such Owner or Owners, or his or their Attorneys Lawfully impower'd shall refuse to make sale thereof, or be unreasonable in his or the [...] demands, or other wise incapacitated to make sale thereof by reason either of non-age, non sane [Page 45] memoria or being beyond the Seas, that then and in every such case, it shall and may be Lawful for the Commissioners of the said several and respective Countys by virtue of this Act to issue ou [...] Warrants to the respective Sherrifs thereby com­manding & impowering them to impannel a Jury of substantial [...] with in their respective Precincts at a certain day and time to appear before [...] Commissioners on the Lands aforesaid, which Jury upon their Oaths [...] by the said commissioners are to inquire into the true value of such and so much of the said Land as by the Commissioners they shall be [...] three Acres aforesaid, and to assess such damage and recompence for the same as they shall think [...] to be awarded to the Owners and others on their behalf intrusted, and the return of the Jury to be by them made in two parts, one whereof as to be [...] his Excellency the Governour & Council of this Province for the [...] being, [...] other to be Recorded within the several and respective County Court whereas they properly belong, shall be a perpetual [...] the Claim or [...] of Claim made, or that shall hereafter be made to the whole or any part thereof by the owner or owners, or his or their hears [...] for ever. And the damage or recompence by the several and respective Jury's awarded for and [...]n satisfaction of such Lands by them inquired of to the Owner or Owners thereof as aforesaid, shall be by the Commissioners of the respective Coun­tys for the time being when thereunto required by such Owner or Owners [...] Lawfully intituled to the damage thereof, to be leavied and assessed [...] and [...] as in this Act is before mentioned and expressed. And so the better ascertaining the bounds of the said Land so purchased o [...] taken up [...] the use of the Countys [...] shall and may be Lawful to and for the said Commissioners who are also [...] impowered & required to issue our Warrants to his Majesty's Surveyors of the respective [...] whereto they belong to ap­pear at such day and place to be by the [...] appointed [...] aforesaid, then and there to survey and lay out in the [...] of the [...] aforesaid such Lands by them ta­ken up for the use of the County aforesaid, and the same at the end of each Angle shall bound with a good and substantial [...], or other durable [...] foot under ground at the [...]east, and [...]ive foot [...], as also such and so many Posts within the Angles, aforesaid, as may be [...] from one to th [...] other, which Posts when and as often as they shall decay the Commissioners shall cause new ones to be affixed in their places at the County Charge for ever, & the respective Surveyors return two Certificates of such Surveys [...] a­foresaid with fair Platts of the same, one whereof to his Excellency the Governor and Council as aforesaid, the other to be Recorded and kept [...] the County Court as aforesaid, any Law Statute Custom or Usuage to the contrary notwithstanding.

And Be it Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that the Lott whereon, the Court House of Dorchester County now stands, together with the Tenements thereon being formerly taken up and purchased as Town Land, but the Records of those Lotts taken up being other im­bezled or casually lost, be and remain to the use of the County for over us firmly and absolutely as if the same had been actually conveyed by the true Owner or Owners thereof, any thing herein contained to the contrary notwithstanding.

An Act directing and appointing to what use the several Rooms in the State-House in the Town and Port of Annapolis shall be applyed to.

An Act for the Naturalization of Stephen Francis an Italian, and George Sleycomb a German born.

An Act vesting two Tracts of Land is John Gadsby sold him by George Norman.

An Act ascertaining the [...]ounds and Limitts of Ann-Arundel and Baltemore Countys.

WHEREAS by an Ordinance of Assembly An [...]o Domini 1696. [...] appointed Capt' Richard Hill, Major John Hammond and Major Ed­ward Dorsey of Ann-Arundel County Gent' also Mr. George Ashman, Mr. Ri­chard Crumwel and Capt' Thomas Hammond of Baltemore County' [...] with the Surveyor, for the better division of the said County's of Ann-Arundel and Baltemore, it is humbly set forth by Thomas Richardson Surveyor, and the great­est part of the said Ge [...] appointed, that in obedience to the said Ordinance they have made a perfect division of the said County in manner and form following, be­ginning [...] Trees, viz. a white Oak, a red Oak and [...] Tree standing about a Mile and a quarter to the Southward of [...] on the West side of [...] Bay, the marked red Oak on the right [...] for Balte­more County, the Chesnut Tree on the left Hand for Ann-Arundel; [...] white Oak in the middle, they standing near a Marsh and a Pond, [...] thence West until it cross the Road from the Mountains of the mouth of [...] Ri­ver to Richard Beards Mill, then continuing, Westward with the said [...] to William Hawkins path to two marked Trees the one for Ann-Arundel County & the other for Baltemore County, thence [...] along the said [...] of John Locketts [...] to two Trees for the end and [...] aforesaid, then [...] the Road by a Line drawn West to William Stad [...]s path to two marked Trees as a­foresaid, thence continuing West between the [...] of Maggaty and Potapsco Rivers, until it come to a Mountain of white [...] Rock, still continuing West to a Road going to Potapsco to Peter Bonds to two marked Trees as aforesaid for the end and purpose aforesaid, thence continuing West to the main Road to Po­tapsco Ferry to two marked Pines standing near the ready Branch written at large on the North side of the said Trees Baltemore County, on the South side Ann-A­rundel County; from thence with a Line drawn [...] North West to Elk Ridg [...] Road to two marked Trees for the end and purposes aforesaid thence continuing the same course of West North West to Patuxent River, and so up the said River to the Extent thereof for the Bounds of Baltemore County.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, That from and after the publication hereof, that all that Tract of Land lying on the North side of the said division Lines, Trees and Land Marks before exprest, with all the Inhabitants up the Bay, from the said Lines, Trees & Land Marks be always taken, reputed and be in Ba [...]temore County, and, that all the Land and Inhabitants from the said division Lines, Trees and Land Marks on th [...] South side of the said Lines Trees and Land Marks to the ancient extent of Ann-Arundel County be always taken, reputed and be in Ann-Arundel County, any Law Custom or Usuage to the contrary notwithstanding.

An Act for the Naturalization of Peter Dwdee a French-Man in Somerset County.

An Act for the better division of St. Pauls and Shrewsbury Parishes.

An Act for Enabling Mrs. Elizabeth Norman Executri [...] George Norman to make over two Tracts of Lord to John Gadsby and his Heirs for ever.

An Act impowering the Commissioners of Caecil County to hold a Court this present year in April.

An Act for ascertaining the bounds of a certain Tract of Land to the use of the Nanticoke Indians, so long as they shall occupy and live upon the [...].

IT Being most just that the Indians, the ancient Inhabitants of this Province, should have a [...] dwelling place in this their Native Country, free from the [...] and oppressions of the English, more especially the Nan­ticok [...] Indians in Dorchester County, who for these many years have lived in peace and concord with the English, and in all matters in obedience to the Govern­ment of this Province, we the Burges [...]es and Delegates of this present General As­sembly therefore do p [...]ay that it may be Enacted,

And BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the [...]ame, that all the Land lying and being in Dorchester County, and on the North side of Nanticoke River, [...] and bounded as followeth, beginning at the mouth of Chickacoan Creek and [...] up the said Creek bounded there­with to the head of the main branc [...] of the same, and from the head of the said main branch with a line drawn to the head of a branch issuing out of the northwest [...] of Nanticoke known by the name of Francis Andersons branch, and from the head of the said branch down the said Andersons branch, bounded therewith to the mouth of the same, where it falls into the said Northwest Fork, and from thence down the aforesaid Northwest Fork bounded therewith to the main River, and so down the main River to the mouth of the aforesaid Chickacoan Creek, shall be unto Panquash and Annotoughquan and the people under their Government or charge and their heirs and successors for ever, any [...]aw usuage custom or grant to the contrary in any wi [...]e notwithstanding, to be held of the Lord Proprietary and his Heirs Lords Proprietary's, or Lords Proprietarys of this Province; under the yearly Rent of one Beaver Skinn to be paid to his said Lordship and his Heirs as other Rents in this Province by the English used to be pa [...].

Provided allways that it shall and may be Lawful for any person or persons that hath formerly taken up and obtained any Grants [...] the Lord Baltemore for any Tracts or parcels of Land within the aforesaid [...] upon the Indians deserting or leaving the said Land, to enter occupy & injoy the [...], any thing in this Law to the contrary notwithstanding

And Be it further Enacted by the Authority aforesaid, that it may not, nor shall be Lawful for the Lord Baltemore to ask, have or demand any Rent or Ser­vice for any of the said Tracts or Dividends as may or hath been [...] up at afore­said within the said Indian boundarys until such time that the takers up or owners as aforesaid do injoy or possess the same, any Law usuage or custom to the con­trary notwithstanding.

An Act impowering Trustees to purchase Land adjoyning to the Fountains of [...] Waters called the Cool Springs.

WHEREAS by the Favour of Almighty God there hath been of late a discovery made of Fountains of healing Waters called the Cool Springs lying in St. Marys County, whose healing quality has been experienced by many import [...]nt & diseased persons to their great help [...] for that so great Blessing, Benefits and Gifts of Almighty God may not be neglected, but a right use thereof made, it is thought most fitting and convenient, that a particular care should be [...] had of all such poor impotent persons as repair thither for care, & for that purpose, or other such charitable or pious uses, a small Tract o [...] parcel of Land near adjoyning to the said Fountains may be purchased, thereon to build & erect Houses for the entertainment of the said poor, and Fuel for Firing and other [Page 48] such necessary's for their Relief, the [...] of this present General Assembly therefore pray it may be Enacted,

And BE IT ENACTED by the [...] most Excellent Majesty by and with the Advice and Consent of this resent General Assembly and the Authority of the [...]ame, That [...] hereafter named may and [...] Trustees [...] of Maryland to buy and purchase in the name of our Sovereign Lord the King his Heirs or Successors for pious and charitable uses fifty Acres of Land adjoyning to and in which the said Fountains shall be included.

And Be it Enacted by the Authority aforesaid, that Colonel John Courts, Tho­mas Brooks Esq▪ Capt James Keetch, Capt' Jacob Moreland of St. Marys County, and Capt Phillip Hoskins, Capt John Hayne and Mr. Benjamin Hall of Charles County, or any three of them be and are hereby impowered authorized and ap­pointed Trustees as aforesaid, with sufficient power given them, whereby to [...]n­able them to treat with, buy and purchase in the name of our Sovereign Lord the King his Heirs or Successors for ever as aforesaid, to the uses aforesaid fifty [...] of Land or under [...] as aforesaid, and [...] to the Owners thereof.

And Be it further Enacted by the Authority [...], that the said Trusting herein nominated are hereby impowered [...] the tenth day of April next ensuing to meet together upon the aforesaid [...], and then and there treat with and agree with the Owners and all [...] in the same, and buy and purchase of such Owners and persons [...] in the same Lands fifty Acres thereof or under near adjoyning [...] and in [...] the said Fountains and Springs shall be included [...] aforesaid.

And Be it Enacted by the Authority aforesaid, that if the person or persons [...] whom the right or property of the [...] it, shall refuse to make sale thereof, [...] any other Legal Impedi [...]ent shall disable him or them from making a good sure [...] and indefeazable Right and Ti [...]le to the said fifty Acres of Land or under, that then the said Trustees before mentioned shall call to their asistance [...] Sherrif of St. Marys County aforesaid, who is hereby authorized, and impowered to Summon and Impannel r [...]olve good and lawful Men Freeholders of St. Marys county aforesaid, who upon their oaths shall value the said fifty acres of [...] or und­er according as it shall be surveyed or laid out to which purpose the said trusties are hereby authorized and impowered to call to their asistance the Kings Surveyor of St. Marys County aforesaid, who is hereby likewise authorized and impowered to survey, and lay out fifty Acres of Land or under as aforesaid, according to the direction of the Trustees before nominated.

And Be it further Enacted by the Authority aforesaid, that for what Sum of Money or Tobacco the said Trustees shall agree to be paid for the purchase of the said fifty Acres of Land or under, shall by an equal ass [...]i [...]ment upon the Inhabi­tants o [...] this Province be leavy'd and paid to the owners or other per sons by them appointed to [...] the same, and that all and whatsoever the said Colonel John Courts, Thomas Brook Esq▪ Capt' James [...], Capt' Jacob Moreland, Capt' Phillip Hoskins, Capt' John Bayne and Mr. Benjamin Hall Trustees as aforesaid, o [...] any three of them shall execute and do in pursuance thereof shall and is hereby ratified, confirmed and approved of, and shall for ever hereafter be taken & deem­ed to be sufficient and valu [...] in Law, and that the said Trustees be and are hereby indempnified and saved [...] of and from all manner of Suits and Damages that may at any time hereafter arise, for or by means of any Act or Acts by them to be done in and about the premisses, any Law usuage or custom to the contrary in any wise notwithstanding.

An Act to entitle William Coutsey and Elizabeth his Wife, on the Survi­vor of them to [...] and acknowledge such Land as were le [...]t by Colonel Vincent Low to be sold for the payment of his just Debts.

An Act prohibiting Trade with the Indians for [...]y Flesh [...] Except Deer and Wild Fow [...]e.

WHEREAS sundry complaints have been made by several inhabitants of this Province, alleadging that the Indians under pretence of [...] wild Hoggs, do hunt and drive away their [...]ame Hoggs & [...]attle, and do more­over sell and trade with the Inhabitants of this Province, and likewise with for­reigners and Strangers for Beef and Pork.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice & Consent of this present General Assembly and the Authority of the same that no person or persons whatsoever, either foreigner or Inhabitant [...]all buy trade or barter with any Indian or Indians whomsoever for any flesh dead or living, except Veni [...]on, wild Fowl or Vermins, upon penalty of five thousand pounds of Tobacco, the one Moiety to the King for the Support of Government, the other moiety to the Informer or him or th [...] [...] shall Sue for the same, the said Fin [...] to be recovered in any Court of Record within this Province, wherein no Essoyn Protection or Wager of Law to be allowed.

An Act for the better administration of Justice in the County Courts of this Province.

FOR the administration of Justice [...] Regulation of the County Courts. BE IT ENACTED by [...] Excellent Majesty by & with the Advice and Consent of this present General Assembly and the Authority of the same that the Statute Books of England to this time, and [...] Justice of the Peace be bought by the Justices of the Peace or Commissioners of the several County Courts at the charge of the respective County's to be [...]pt to their [...]everal County Courts, that the Justices and Officers and others of the said Courts may have Recourse to the same as they shall have occasion, and that the Justices of the said Courts do purchase and procure the same by the first day of April next ensu­ing,

And Be it also Enact by the Authority aforesaid, that [...] Commissioners of each respective County Courts shall and may and are hereby impowered from time to time, & as often as to them shall seem convenient to make and ordain such necessary Rules and Orders for the well Governing and better Regulating the said County Courts and the Officers to the same belonging, and Suitors to the same, as to them in their discretion shall seem requisit, and under such [...] as they shall th [...]nk fit, not exceeding one hundred pounds of Tobacco for any one offence, all which Fines to be imployed to the use of the poor of each respective County, which Rules and Orders so by them to be made and ordained shall be fairly transcribed by their several County Clarks and at every the County Courts set up [...] the Court House Door that all persons may view and peruse the same, & regula [...] themselves accordingly.

And [...] by the Authority aforesaid, that where any Judgment is had in any [...] Court for any matter or thing whatsoever, & after such Judgment is had [...] the party against whom the same is had many times flies into [...] of the jurisdiction of the said Court, it shall and may be law­ful [...]he [...] procure a Certificate from the said Justices of such party's flying, and [...] the Justices of the Provincial Court shall award Execution [Page 50] [...]

[...] Williams Administrator de bo [...]is non Admini­ [...]s of Joseph Williams late of Baltemore County deceased, [...] fell a certain Tract of Land in Caecil County on [...] River [...] Land of [...] Joseph Williams called by the name of Tibauld, and containing about three hundred [...] for the payment of his debts, pur­suant to the Will of the said Joseph.

An Act for transferring over unto Major William Whittington the debts due from the Officers of Somerset County by vertue of an Act for raising a supply towards the defraying the publick Charge of this Province.

An Act ascertaining w [...]t damages shall be allowed upon protested Bills of Exchange.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the [...]ame, that there shall not be allowed to any person or persons whatsoever having just cause to implead any person or persons whatsoever, living or residing within the Province, in any Court within this Province upon any Bill of Exchange drawn for any Sum or Sums of [...] whatsoever, payable in England or else where, and brought in here protested [...] than the Sum of twenty pounds per Cent' damages over and above the [...] for and Recovered, together with ordinary Cost of Suit, any Law Statute Usuage or [...] to the contrary not­withstanding.

An Act for Restraining the Extortions of Sherrifs, Subsherrifs and deputy Commissarys.

WHEREAS there hath divers great Complaints from several Party's of this Province to this General Assembly, of several Sherrifs, Sub­sherrif [...] and deputy Commissary's of their exacting and extorting great Sums of Tobacco above their due, and Lawful Fees ascertained by the Act of Assembly of this Province from several of the Inhabitants of this Province, and tho' the Laws of this Province have inflicted a severe penalty upon any Officer that shall charge and receive more than his due Fees, yet the said Officers have most cunningly & [...] evaded the said Laws by taking Bills and Writings Obligatory without ever delivering any account signed under their hand as the law directs, so that the Party grieved cannot sufficiently prove the said Extortions, and so is left without Remedy, for prevention whereof,

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that no Sherrif, Subsherrif or deputy Commissary within [...] after the publication of this Act in their several and respective County [...] they dwell, shall take any Bond, Bill or any other Writing [...] person or persons upon any pretence whatsoever without endorsing [...] the back of the said Bond, Bill or Writing Obligatory for which [...] passed, and if any Sherrif, Subsherrif or deputy Commissary within this Province, shall [Page 51] [...] with [...] taking [...] Office to [...] for limitation of Actions [...]

Be it further Enacted by the Authority aforesaid, that the [...] Officers remain in Office shall not be reckoned or accounted in the [...], & that whereas it hath been the practice of several Sherrifs of this Province where a person hath been in prison at the Suit of two or three several persons, or hath lain for the satisfaction of two or more several Judgments for the Sherrif to charge twenty a day for each Action or Judgment, for prevention whereof.

Be it Enacted by the Authority aforesaid, that if any Sherrif after the publicati­on of this Act shall exact or take any more than twenty pounds of Tobacco per day of any Prisoner, tho' he lies for the satisfaction of several Judgments, [...] shall be liable to the pains and penaltys of a certain Act of Assembly for Settling Officers Fees.

An Act for Amerciaments in the Provincial and County Courts.

WHEREAS many Suits are arisen upon [...]ivelous occasions by l [...]igi-persons, for prevention whereof or the future,

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that all persons whatsoever that are east in any Cause, be they Plaintif or Defendant, shall be amerced besides the damage and costs in the Provincial Court fifty pounds of Tobacco, to be imployed as the Governour & Council shall think fit, and in the County Courts thirty pounds of Tobacco, to be imployed & dis­posed of towards defraying the County Charge in such manner as the Commissio­ners of each respective County shall think sit and for the due collecting thereof

Be it Enacted by the Authority aforesaid that the Clark of the Provincial Court and the several County Courts keep an exact account of the [...]; and deliver or send the same to the several Sherrifs of the particular Countys, who are hereby required to collect the same with the Leavy, and are accordingly impow­ered for default of payment to make distress, and commanded not to return any Arrears, except in cases of Executors and Administrators, who cannot pay with­out Orders.

And Be it further Enacted, that the Clark of the respective Courts give unto the chief Judge of such Court a L [...]st of the Amerciaments that Court imposed.

An Act for stay of Executions after the tenth day of April Yearly.

WHEREAS many of the Inhabitants of this Province are, and have been exceedingly grieved and burthen [...]d by Executions laid upon them for Tobacco in Summer time, when it is not possible for them to procure T [...]baco for the payment and satisfaction of their Creditors, by means whereof they are oftentimes kept in prison a long time, and thereby disabled from making & tend­ing their cropps, to the great prejudice if not ruin of many the Inhabitants of this Province, being thereby left destitute of any means to satisfie their Creditors, for [...] whereof for the future,

BE IT ENACTED by the Kings most Excellent Majesty by and with the [...] and Consent of this present General Assembly and the Authority of the [...], That after the tenth day of April in any year, no Execution shall issue out of any Courts of this Province against the Body or Goods of any person or persons inhabiting in this Province till the tenth day of October next, or until the tenth day of October i [...] any year during the continuance of this Act for any debt [Page 52] [...] day of Oc­tober the [...] Certificate under the hand of the same, [...] before [...] the said Judgment shall be confessed, and such [...] be a sufficient Supersedeas to the Sherrif to forbear serving Execution upon the Body or Goods of the person so obtaining such Certificate, and if the party be taken in Execution before such Certificate be produced, that then such certificate being obtained afterwards as aforesaid shall be a sufficient Su­persedeas to the Sherrif for the Release of such person out of Prison upon the Exe­cution, the party paying or giving Security to such Sherrif for his due Fees for that Imprisonment, & the Justice or Justices before whom such Judgment shall be confest as aforesaid shall return the Judgment so confest unto the Clark of that re­spective Court where the [...] Judgment was obtained, to be entred upon Record, for which entry the Clark shall receive as a Fee five pounds of Tobacco and no more and that after the said tenth day of October it shall be Lawful to take out Execution upon the Judgment conf [...]t as aforesaid without any fieri Facias or any other delay against either the Principle or the Securetys, or all o [...] either of them for such Judgment so confest as aforesaid, any Law usuage or custom [...]o the contrary many wise notwithstanding,

An Act Impowering the Vestrymen &c. to assess their Parishoners for finishing and reparing of Churches.

WHEREAS by an Act made at a Session of Assembly begun and held at the Port of Annapolis the ninth day of July in the Year of our Lord 1696 in [...]ituled An Act for the Service of Almighty God and the Establishment of the [...] Religion within this Province, amongst other things is contained, in the sixth Article that the several Vestrymen of each respective Parish shall with­in twelve Months after the publication of this Act provide at the charge of the pa­rish fair Regist [...]r Books of paper or parchment, the which the said Registor shall keep & therein shall Register & fairly enter in writing the publication of all Marri­ages, Births of Children, Baptisms burials &c.

And further in the said Clause it is Enacted, that if the Vestrymen aforesaid shall sail in providing such a Book as aforesaid, within the time aforesaid, they shall forfeit five hundred pounds of Tobacco each Vestryman (the Minister ex­cepted) &c. & notwithstanding ways prescribed how the said Vestry men should assess their Parishes for the purchasing of the said Register Books.

And further it is said in the twelfth Article of the aforesaid Act, Be it Enacted by the Authority aforesaid, that where there is an Incumbent upon the Benefice and officiate in no other place, the Vestrymen of the said Parish shall not under colour or pretext of finishing the said Church or keeping the same in Repair, with hold or detain from the said Incumbent any part of the fourty pounds of Tobacco per Pole under any pretext whatsoever, except what is by this Act before apoint­ed. But forasmuch as most of the Churches in this Province are either not whol­ly finished or out of Repair, and no Rule is provided (by the aforesaid Act) by which the several Parish Churches shall be finished and kept in Repair, [...] the end therefore that the said Vestrys may be supply'd with such Sum or Sums [...] Tobaco as shall be [...] & necessary to purchase writing Books & other necessary & use­ful Books for their better direction and g [...]de in their Proceedings, [...] for re­pairing their Churches or other Parochial Charges, it is prayed tha [...] it may be En­acted

And BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority [Page 53] [...] of the same, that [...] Repairs [...] shall apply themselves [...] the [...] of the lay­ing the County Leavy, who up [...] shall and are hereby impowered to raise by a [...] [...] Inhabitants of such respective parish such [...] shall be ad­judged necessary to supply the [...] County lea­vy, not exceeding the Sum of [...], which Sum so raised [...] be collected and gathered by the [...] County, and paid to the Vestrymen of such respective Parish or [...] at the next County Leavy or sooner [...] they can give a true account to the said Justices how and for what they have [...]aid out and bestowed the said Tobacco so raised, a­ny Law Statute or Usuage to the contrary in any [...] notwithstanding

An Act for Appeals and regulating Writts of Error.

FORASMUCH as the Liberty of Appeals and Writts of Error from the judgment of the Provincial and County Courts of this Province is found to be of great use and benefit to the good people thereof.

BE IT HEREFORE ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that no Execution upon any Judgment obtained either in Provincial or County Courts, or other inferiour Courts of Record within this Province shall be stayed or delayed, or any Supersedeas upon such Judgment granted or issued [...] upon Appeal or Writt of Error from any such Court or Courts of Record as aforesaid to the Court before whom such Appeal ought to be brought, or before whom such Writt of Error ought to be heard, tried and deter­mined, unless such person or persons in whose name such Appeal or Writt of Error shall be made or brought aforesaid, or some other in his her or their behalf shall immediately upon making such Appeal or Suing out such Writt of Er­ror as aforesaid, enter into Bond with sufficient Suretys, such as the Justices of the Court by whom Judgment shall be given as aforesaid or the keeper of the Seal for the time being, to whom application shall be made for such Writt of Error as a­foresaid shall approve of in double the Sum recovered by such Judgment obtained as aforesaid, with condition that if the party Appellant, or party Suing out such Writt of Error as aforesaid, shall not pursue the directions in this Act hereafter mentioned at the next Court ensuing before whom such Appeal or Writt of Error to be tried as aforesaid, and prosecute the same with effect; and also satis fie and pay to the said party his Heirs Executors Administrators or Assigns in case the said Judgment should be affirmed, as well all and singular the Debts, Damages & Cost adjudged by the Court before whom such Action from whose Judgment such Appeal shall be made, or thereon a Writt of Error brought as aforesaid, shall have been originally tried; as also all costs and damages that shall be awarded at the Court before whom such Appeal or Writt of Error shall be heard, tried and deter­mined as aforesaid, then the said Bond to be and remain in full force & vertue.

And Be it Enacted by the Authority aforesaid, by and with the Advice & Con­sent aforesaid, that no person or persons whatsoever against whom any Judgment shall be given in any County Court within this Province, wherein the debt or da­mages for which such Judgment shall be given, shall have any Appeal or Writt of Error from the said County Courts or other inferiour Court of Record to the Pro­vincial Courts wherein the debt or damages recovered do not amount unto the Sum of six pounds Sterling, or twelve hundred pounds of Tobacco, and that no person or persons whatsoever against whom any Judgment shall be given in the Provincial Court of this Province, wherein the debt or damages recovered shall not exceed the Sum of fifty pounds Sterling or ten thousand pounds of Tobacco shall be allowed any Appeal or Writt of Error to the Governour and Council of this Province, but the Judgment of the Justices of the said Courts by whom such Judgments shall be given as aforesaid, and thereupon entred shall be definitive for any such debt and damages as aforesaid, any Law usuage or custom to the con­trary notwithstanding.

And Be it further Enacted by the Authority aforesaid, by and with the Advice [Page 54] and [...] of Appeals and [...] & [...] as is hereafter men­tioned and [...] out a Writ [...] of Er­ror [...] of the full proceedings of the said Court [...] or against [...]hose Judgment a Writt of Error [...] the Hand of the Clerk of the said Court [...] to be transmitted to the Court before who [...] Writt of [...] or ought to be heard, tried and de­termined a [...] also in the [...] Court file in writing according to the [...] error in the proceedings as the Plaintif in the Writt of [...], or such causes [...] reasons as he or they had for mak­ing the [...] Appeal, or suing out such Writt of Error as aforesaid; upon which [...] Court to whom such Appeal shall be made, or before whom [...] shall be brought are aforesaid, shall proceed to give Judgment.

And Be it Enacted by the Authority aforesaid, by and with the Advice & [...] Appeals made in manner aforesaid, shall be admitted and [...] Court to whom such Appeal shall be made as afore­said [...] Writt of Error, and that every Clerk of a Court shall at time of [...] that Court to which they respectively belong, and when any Appeal [...] demanded to enter a Memorandum of such demand, as well in his or their [...] Records of the proceedings of such Co [...]t, & that no Clerk [...] or delay upon the request of any Appellant as aforesaid, to [...] a transcript of the whole proceedings as aforesaid, under his [...] Seal of the said Court as aforesaid, upon penalty to pay the respec­tive [...] which such Appellant shall sustain by such refusal or delay as afore­said [...] and party paying or securing to be paid such respective Clerk his just [...] same according to Law

And Be it Enacted by the Authority aforesaid, that these Officers hereafter [...] shall have no other [...] than are hereafter mentioned, that is to say [...] to the Secretary fifty pounds of Tobacco, [...] to the keeper [...] the Seal thereof one hundred and twenty pounds of Tobacco, for [...], Secretary fifty pounds of Tobacco, and to the keeper of the Seal [...] hundred and twenty pounds of Tobacco, for a [...] Fares [...] to the Secretary fifty pounds of Tobacco, and to the keeper of the Seal one hundred and twenty pounds of Tobacco, any Law usuage or custom to the contrary notwithstanding.

And Be it Enacted by the Authority aforesaid, by and with the Advice & Con­sent aforesaid, that all Appeals or Writts of Error triable before the Governour & Council if it so shall happen, that the former Judgment given shall be by the said Governour and Council afirmed, such a determination shall be final and without any further Review, unless such Judgment so given shall exceed the Sum of three hundred pounds Sterling, or the Sum of sixty thousand pounds of Tobacco; then [...] such case the party against whom such Judgment shall be given, may appeal to the King and Council in England.

And Be it further Enacted by the Authority aforesaid, that all & every person or persons that shall conceive him or themselves relievable in Equity from any Judg­ment given or obtained against him in the Provincial or County Court aforesaid, shall exhibit his Bill and proceed in Chancery before any Appeal be entred or [...] the Governour and Council and not afterward, and that all such persons [...] conceive themselves grieved by any Decree in Chancery shall be at [...] exhibit his Prayer to the Governour and Council to review and examin [...] and that the Judgment Sentence or Decree of such Court of Review shall [...] final as aforesaid, unless as aforesaid the original Debt or Damages shall [...] three hundred pounds Sterling, or sixty thousand pounds of Tobacco as aforesaid, then & [...] every such cause to apeal to the King & Council as aforesaid, & that one Act of Assembly made at an Assembly begun & held at the City of St. Marys the [...] day of September [...] 1694. intituled an Act for Apeals & Regulating Writts of Error be and is hereby Repealed, and that all Appeals or Writts of Error already made and brought, or hereafter to be made or brought be­fore the Governour and Council shall and may be heard by the said Governour and Council out of Assembly [...] any thing in the same Writt, any other former [Page 55] Law or Practice [...] contrary notwithstanding [...] for that it may so happen that the Governour [...] this Province for the [...] hereafter be concern'd [...] in an Apap [...]al made, [...] Writt of Error brought [...] of the Provincia [...] and County Court to the Governour and Council [...] or he otherwise in­disposed or absent.

Be it therefore Enacted by the Authority aforesaid, [...] with the Advice & Consent aforesaid, that it shall and may be sufficient [...] such case for the Council onely to hear and determin such matters of [...] whereof the first of the Council in Commission being then present shall [...] Judgment thereupon shall be definitive, except before excepted, in as full & [...] manner as tho' the said Governour were then actually present and pr [...]siding, any thing in this Act to the contrary notwithstanding.

An Act for the more speedy conveying the publick Letters and Pacquets of this Province, and settling a Revenn [...]e on the Sherrifs for defraying the charge thereof.

FORASMUCH as several of the inhabitants of this Province having been formerly subject to great and manifest Inconveniency's by reason of pressing of horses, under pretext of carrying and conveying of publick Letters & Pacquots, for prevention whereof, and that due care may be taken for the future, that all publick Letters and Pacquets relating to his Majesty, or publick Service of this Province, be securely and expeditiously conveyed according to their directi­ons, the Delegates of this present General Assembly do pray that it may be En­acted,

And BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that the Sherrif of each respective County is hereby injoyned and commanded to take care of all publick Letters and Pacquets, and expeditiously to convey them according to their directions to the next Sherrif or under Sherrif of the adjacent County, and for the incouragement of the several and respective Sherrifs and their diligence in conveying such publick Letters and Pacquets, that they may be allowed the several Sums hereafter exprest, to be said in the publick Leavy of this Province, viz. to the Sherrif of Ann-Arundel County fifteen hun­dred pounds of Tobacco, who is also hereby obliged to convey all such Letters & Pacquets as are directed and must go over to the [...] Shear to Kent Island, & there to be delivered to the Sherrif of Talbot County or his Deputy, to the Sher­rif of Talbot County fifteen hundred pounds of Tobacco, who is hereby also o­bliged to convey all such Letters and Pacquets that are directed to the Port of Anapolis to the said Port, to the Sherrif of Kent County eight hundred pounds of Tobacco, who is also hereby obliged to convey all such Letters and Pacquets as are directed to the Port of of Annapolis to Kent Island, and deliver them to the Sherrif or under Sherrif of Talbot County, except he can convey them a more ready and expeditious way to Annapolis, who is also hereby obliged to convey all such Letters and Pacquets to the Port of Annapolis as aforesaid, to the Sherrif of Caecil County one thousand pounds of Tobacco, who is also obliged to con­vey all such Letters and Pacquets as are directed to the Northward to the Town of New Castle upon Delaware, to the Sherrif of Dorchester County eight hun­dred pounds as Tobacco, to the Sherrif of Somerset County five hundred pounds of Tobacco, to the Sherrif of Calvert County eight hundred pounds of Tobacco, to the Sherrif of Prince Georges County one thousand pounds of Tobacco, to the Sherrif of St. Mary's County eight hundred pounds of Tobacco, to the Sherrif of Charles County one thousand pounds of Tobacco, to the Sherrif of Baltemore County eight hundred pounds of Tobacco, which said several & respective Sums of Tobacco shall be Annually allowed and paid to the several & respective Sher­rifs as aforesaid, in consideration whereof they Sherrifs of the said several and re­spective Countys shall defray all such charges as shall ac [...]rew by reason of con­veying any such Letters or Pacquets, any former Law Usuage or Custom to the contrary notwithstanding.

And Be it further Enacted by the Authority aforesaid, that any Sherrif under Sherrif or Deputy that shall neglect or delay the speedy conveying any such Let­ters [Page 56] or Pacquets shall [...] his Sacred Majesty [...] every such offence the Sum of five hundred [...] Tobacco, one [...] Informer or him or them that will Sue for [...] be imployed for the defraying of the County charges where any [...] shall happen, to be recovered in any of his Ma­jesty's Courts of [...] this Province, by Action of Debt, wherein no Es­soyn Protection or [...] of Law to be allowed.

And Be it further Enacted by the Authority aforesaid, that all such publick Let­ters and [...] for his Majesty's Service, [...] with the persons name that sends [...] any person or persons shall at any time after the publicati­on of [...] presume to indorse any Letter or Letters, Pacquet or Pacquets so as aforesaid, which are not for the publick Service, shall forfeit and pay for such offence five hundred pounds of Tobacco to be imployed for the use aforesaid, to [...] recovered in manner aforesaid

An Act impowering Commissioners of the County Courts to leavy and raise Money [...] defray the necessary charge of their Countys.

FORASMUCH as in the interval of Assemblys in this Province, there have been several necessary charges laid out and expended in the several and respective Countys of this Province, by the several and respective Commissioners of the said Countys and others, for the good and welfare and conservation of the [...] of this Province, and of and within the said Countys, and which ought to be born by the several and respective Countys distinctly, and have been formerly used and accustomed to be r [...]imbursed and defrayed, paid and satisfied, by & out of the County Leavy, Leavied and Assessed by the Commissioners of the said re­spective Countys, by an equal assessment upon the Estates and persons of the in­habitants of the said several and respective Countys, but the said Commissioners of the said County Courts not having sufficient Warrant and Authority to raise such Leavy.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that for the future it shall and may be Lawful to and for the several and respective Commissioners of the several and respective County Courts within this Province, at their several and respective Courts to be held for the said Countys upon examination had before them of the publick charges of their said several and respective County's, and allowances by them made of the same, to leavy & raise Tobacco for payment & satisfaction of the said several & respective County Charges and the Sherrifs Sallary for the collecting thereof, by an equal assessment of the ra [...]able persons of the said several Countys; any Law Act custom and usu­age heretofore had and made to the contrary in any wi [...]e notwithstanding.

Provided always that the accounts of the said County charge [...]e kept upon Re­cord in a Book fair written by themselves signed by the Clerk of the said County Court, & that upon complaint of any person that the said charges are not allow­able, or that [...] over charged or otherwise agrieved, the said Acts shall be exa­mined and rectified in the Provincial Court of this Province

An Act for the marking high ways, and making the heads of Rivers, Creeks, Branches and Swamps passable for Horse and Foot

WHEREAS it is thought convenient and very much for the benefit of the inhabitants of this Province, that Roads and Paths be marked, and the heads of Rivers, Creeks and Branches be made passable.

BE IT THEREFORE ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that all publick and main Roads be hereafter cleared and well grubbed fit for travelling twenty foot wide, and good and substantial Bridges made over all heads of Rivers, Creeks, Branches and Swamps where [...] shall require at the discretion of the Justices of the County Courts, & for the bet­ter ascertaining what is or [...]all be deemed publick Roads,

Be it likewise Enacted, that the Justices of the County Courts shall set down and ascertain in their Records once every year what are the publick Records of [Page 57] their respective [...] and appoint Over [...] of the same, and that no person whatsoever shall after or change any such [...] Roads without the leave o [...] li­cence of the Governour and Council or [...] the County Courts, upon pe­nalty of five hundred pounds of Tobacco; & [...] Overseer so appointed should neglect to clear the Roads so as aforesaid, [...] five hundred pounds of Tobacco in Cask, and every Labourer [...] to serve and obey the Overseer, and every Master of Servants that [...] or warned man re­fuse to [...] all his taxable Male Servants to [...] aforesaid, he or they shall be fined, that is to say, every, Labourer one [...] of Tobacco, & the said Master for every Servant warned and not [...] one hundred pounds of To­bacco, and the Clerk of the County is hereby obliged to [...] warrants to the Overseer appointed, upon penalty of one thousand pounds of Tobacco, and the Sherrifs of each respective Countys are to deliver the same to the several and re­spective Overseers so appointed as aforesaid, ex [...], on penalty of one thou­sand pounds of Tobacco in Cask, the one half at all which [...]ines shall be imploy­ed and disposed of towards the defraying the County charge in such manner as the Commissioners of each respective County shall in their discretion think conveni­ent, the other half to him or them that all inform or sue for the same, to be re­covered in his Majestys Name for the use aforesaid, by Bill Plaint or Information in any Court of Record within this Province, wherein no Essoyn Protection or Wa [...]er of Law to be allowed And that all Roads that lead to any [...]rrys Court house of any County or to any Church, or leading through any County to the Port of Annapolis shall he marked on both sides the Road with two notches if the Road leads to Annapolis. the Road that leads there a [...] the leaving the other road shall be marked on the face of the Tree in a smooth place cut for that purpose with the letters A A set on with a pair of marking Irons and coloured and [...]o with two notches all along the Road, and where [...]t any place it leaves any other road shall be again distinguished with the mark aforesaid on the face of the Tree with a pair of marking Irons and coloured as aforesaid, and any Road on the [...] Shoat in Talbot County that leads to the Port of Williamstad [...], at the entring into the same, and upon porting with or dividing from any other Road shall be marked on the face of a tree in a smooth place out for that purpose with the letter [...] and so with two [...] all along the road, and the roads that lead to any County Court [...] shall have two notches on the trees on both sides the road as afore­said, and another notch a distance above the other two; and any road that leads to a Church shall be marked at the entrance into the same, and at the leaving any other road with a slip cut down the face of the tree near the ground, and any road leading to a Ferry & dividing from other publick road's shall be marked with three notches of equal distance at the entrance into the same; and [...] rules & methods the several Justices of the County Courts shall from time to time give in charge to the Overseers of the high ways by them to be appointed for that purpose, who are likewise enjoyned carefully and strictly to observe and persons the same under the penalty aforesaid, and where any road shall lead through any Seated Planta­tion or old Fields.

Be it Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that the several and respective Overseers within their several & respect­ive Precincts do set up posts, so many as may be perceived from one to the other, which posts shall be marked and notched according to the place they lead to a [...] be­fore in this Act for the marking and notching of roads have been appointed, and that the posts of all gates through which any such roads shall lead as aforesaid, [...]e marrked and notched as aforesaid, under the penalty aforesaid, any thing in this Act to the contrary notwithstanding.

An Act concerning the height of Fences and to punish burners thereof, and also to restrain the multiplicity of Horses an Mares.

WHEREAS divers people within this Province have and do make in­sufficient Fences about their Corn Fields, whereby Cattle and Horses are apt to get in and destroy the Corn there planted, for prevention whereof for the future, this present General Assembly do humbly pray that it may be Enact­ed.

[Page 58] And BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of [...] present General Assembly and the Authority of the same, that all [...] intended or de [...]gned to inclose Corn ground or preserve Corn there [...] be at the [...] foot high quite round the Field well and sufficiently [...] the judgment of two indifferent Men view­ing the same wi [...]en an [...] committed, and in case any horse, mare or c [...]t­tle shall leap over or [...] such [...]ence as aforesaid thereby getting into such ground, that [...] owner of such horse or horses, mare or mares, or cattle shall be liable to an [...] of trespass, if the damage thereby sustained shall in the judgment of two such persons as aforesaid amount to two hundred pounds of To­bacco or upwards, or if less, the owner of such beast or beasts to be convey'd before some one Justice of the [...]eace in the same County who is hereby impower'd to award such damages as he shall think convenient upon such evidence as shall be produced before him, any Law or Custom to the contrary notwithstanding.

And whereas divers of the good people of this Province, have & do suffer much damages by the notorious [...] practices of ill disposed and malicious persons burn­ing Fences, to the end therefore that so great abuses may be either restrained or punished,

Be it Enacted by the Authority aforesaid, that if any person or persons whatso­ever within this Province, shall willfully and maliciously burn, pull down or any ways destroy any Corn Field, Pasture or Orchard, or any other Fence or Fences whereby any of the inhabitants of this Province are or may be harmed or damnified, the person or persons so offending being thereof Lawfully convicted by co [...]fession, or the testimony of two Witnesses, or one Witness and pregnant circumstances a­greeable thereto, shall make restitution to the party grieved by paying of trebble the damage sustained thereby, as the said Justices before whom such matter shall come shall determin, or a Jury in such case shall award. And forasmuch as it of­ten happens, that peoples Corn Fields are generally destroyed by the intolerable number of horses & mares that are usually suffered to run at liberty in the woods & other places, thereby going so wild that they are not onely prejudicial to most of the Neighbourhood, but also are of little or no use to the owners.

Be it therefore Enacted by the Authority aforesaid, that from & after the tenth day of March next after the publication hereof, when and as often as any horse mare or [...], or any other Beasts shall happen to get into any Corn Field, Wheat or [...] ground so inclosed with such a Fence as is above mentioned, the owner of such ground as aforesaid shall be obliged the first and second time such [...]east shall get into such inclosed grounds as aforesaid to give notice to the owner or owners of such beast as aforesaid, & if the aforesaid owner of such Beast or Beasts shall neglect or refuse to restrain such beast or beasts from committing the like of­fence, it shall and may be Lawful for the owner or lawful possessor of such ground to shoot, kill or any ways destroy upon their said lawful possession such beast or beasts that shall commit such trespass the third time.

And Be it further Enacted by the Authority aforesaid, that if any the owner or owners of any such beast as aforesaid, shall not be known to the party or partys [...] or damnified as aforesaid, he she or they so agrieved, shall and are obliged with two sufficient Evidences to take notice of the colour, natural and artificial marks of any such beasts an writing, and the same to afix and set up at the most publick place within the County wheresuch damage as aforesaid shall happen to [...] for the space of one whole month, at the end of which no owner appearing, it shall and may be lawful for the partys grieved, to [...] kill or destroy upon his her or their possession as aforesaid any beast or beasts as aforesaid, any Law Sta­tute or Custom to the contrary notwithstanding.

An Act for killing of Woolves.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that every person that shall bring the head of a Woolf to any of the Commissioners or Justices of the Peace in any County within this Province, shall be allowed two hundred pounds of Tobacco from the County where the Woolf shall be killed, and that such Commissioner or Justice of the Peace to whom the [Page 59] Woolfs head shall be brought, shall [...] cut out the Tongue, & cut or cause to be cut off the Ears of the [...], to prevent the [...] of twice or oftner paying the same,

And Be it likewise Enacted by the [...], that it shall and may be lawful to and for the several Justices of [...] respective Countys with in this Province, and they are hereby authorized [...] & required yearly, and every year during this Act, at the time of [...] County Leavy, to raise and assess by an equal assessment upon the taxable, [...] he said County such Sum or Sums of Tobacco as to the Justices of the several a [...] respective Countys shall seem meet & convenient, and such Sums of Tobacco raised as aforesaid, shall lay out and dispose for the purchasing of duffells or matchcoats, & when the [...] is purchased, shall deliver to such and so many persons residing convenient to the Indians as the Justices aforesaid shall think fit, who shall render an account to the said Justices at the next laying out of the Leavy, how such matchcoats delivered him or them have been disposed, and what part thereof remains in his or their possession or hands.

And Be it Enacted, that such person or persons having such matchcoats deliver­ed as aforesaid, be and are hereby required to deliver to any Indian or Indians for every Woolf or Woolves heads not having been paid for before one matchcoat containing two yards of duffells, and give a true account of the same at the next County Leavy as aforesaid to the Justices aforesaid, and shall mark such Woolves heads as aforesaid to prevent deceit as aforesaid.

An Act to enable the purchasers of the Subscriptions to the Freeschool to reco­ver the same

An Act for settling a Reven [...]ua [...]e in his Majestys present Governour.

WHEREAS his most [...] Majesty out of his Royal Bounty and Prince [...] Favours has been pleased to constitute and appoint his Excel­lency Colonel NATHANIEL BLAKISTON his Capt' General and Chief Governour in and over this his Majestys [...] of Maryland, to whom we his Majestys most Loyal Subjects yeild all own obedience as by his Royal Commission we are obliged, and the better to demonstrate out [...] gra­titude, and to shew the good respects we have for and [...] Colonel Nathaniel Blakiston our present Governour, and the [...] we have of his Excellency [...] [...] Government over us, we [...] pray that it may be Enacted,

And BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that an imposition of three pence per Hogshead over and above the one shilling per Hogshead heretofore granted for Support of his Majestys Gover­nour here, upon all Tobacco that shall hereafter be exported out of this Province by land or water, allowing 400 pounds of Tobacco to each Hogshead, and the like quantity in bulk, may be rais'd, leavied and paid by the Master of every Ship Vessel trading into this Province in ready Money or Bills [...] Exchange at the elec­tion and choice of the said Master, to be collected by the Naval Officer of the Port or District where such Ship or Vessel shall enter, or such other person as his Ex­cellency shall think [...]it to appoint.

And be it further Enacted by the Authority aforesaid, that if any Tobacco should by any casual means be lost after the imposition paid, that then and in all such cases the Owner or Freightor of all such Tobacco shall have free liberty to Freight and Ship of the like quantity again without paying the additional three pence, this Act to endure so long as the said Nathaniel Blakiston Esq▪ shall conti­nue Governour of this Province.

An Act [...] bounds of Land.

WHEREAS a [...] up of Lands in this Province, necessity constrained [...] commissiona [...] such persons to be Sur­veyors as was but very [...] the Art of Surveying, and for the wind­ings, courses and turnings [...] Rivers, Rivolets Creeks and Coves many times by these Branches [...] another were unknown to the Surveyors, nor for fear of the [...] then numerous and strong, dar [...]t they stay on Shoa [...] to examin the [...] and courses aforesaid, but marking some trees by the sides of such River [...] Creeks &c. did without further troubles prescribe certain bounds and courses to the several tracts by them surveyed or intended to be surveyed, and the said bounds are generally exprest in such uncertain terms, and being many times contradictious and incosistant in themselves, whereby it comes to pass that at this time is very uncertain, and many chargable and tedious Suits in Law happen about such bounds, which are most times (as it were) by the favour and inclinations of Jurors arbitrarily determined differing ways, in pa­rallel cases to prevent which for the future, and that judgment may go more di­rect and that Neighbours may more certainly know their bounds and avoid tres­passing upon one another, and for the more general ascertaining the meers and li­mits of every particular Mans Lands, there can be no better way than by a Law, to put one certain interpretation upon such contradictory expressions observed to be in ancient Certificates, and by demonstrating one example of each interpreta­tion in a fair parchment to be to this Act ann [...]xed as part of the said Act.

Wherefore the Delegates and Representatives of the City of St. Marys and of the several & respective Countys of this Province humbly prey that it may be En­acted,

And BE IT ENACTED by the Kings most excellent Majesty by & with the Advice and Consent of this present General Assembly and the Authority of the [...]ame, that if any Man or his [...] a tract of Land lying in the woods, and from his first or other markt tree of end of the line, or otherwise run a certain course & certain number of perches to a Bay River Creek Branch or Beaver damm which have a constant Steam or certain [...] of a Channel if the courts directs thereto and the number of perches fall [...] thereof, in such and the like cases, if adding fifty per cent. thereto will reach the said Bay River, Creek, [...] of Bea­ver damm exprest in the said grant, the said line shall be extended thereto, as in other cases hereafter, being certain natural and unalterable bounds.

And where the said line intersects the water of the said Bay, River, Creek or Beaver [...] of the said Branch, which are, or shall be exprest in such grant, such intersection shall be demand and adjudged the certain prick or point of such tract of Land, but if the said adding of the said fifty per cent. will not reach the said Bay or River &. exprest in the said grant, & such [...] number of perches give the quantity of Land, which by conditions of [...] is exprest in the grant of the said Land to have been due to him with his said certain number of perches, & shall not extend his bounds further the [...] his certain number of perches to the prejudice of any latter Survey, notwithstanding any gift, grant or pattent of confirmation granted or made after the date of my certificate of latter survey.

And if a tract of Land by a River, Creek or Branch side, and from any markt tree or end of a line [...] a certain course and number of perches up the River creek or branch to the head of the said River Creek or Branch, and the Record of Sur­vey do not express any marks tree to which as an undevidable prick tho line might be suppos'd to come, the said tract shall be concluded by the certain number of Perches, but if in this or the former case, there be a markt tree exprest in the certi­ficate of Survey and well and sufficiently proved, to which either the course or the creek, River or Branch directly leads, and may be attained by adding ten per cent to every hundred perches of that line which leads to it, the owner or owners of such Land shall hold that surplusage granted by the said ten per cent. a­gainst any latter taker up, and even against the Right Honourable the Lord Pro­prietor his Heirs and Successors, at the granted Rent without any alteration by reason of the words more or less.

And if the said markt tree be attained by adding of fifty per cent. to every hun­dred perches of the said [...] which leads to it, the owner of such Land shall held [Page 61] that surplusage against any latter taker up, that is [...] between the said trees against the Lord Proprietor, paying Arrears of [...] two pence per pound in Tobacco, but if the fifty per cent. will not attain [...] tree, it is out of mea­sure unreasonable, and then the owners of such [...] be concluded by his pr [...]ise number of perches as if he [...] had any [...] tree, and if in either the former cases, or any other case where [...] aforesaid [...] per ce [...] will attain the second tree, so as by this Act the owners may [...] the surplusage, the second line is drawn from the second tree the just length, [...] for example one hundred Acres, a line from the first tree be mentioned North one hundred perches to the second markt tree but is really one hundred and fifty perches, and then from the second tree a line is drawn [...] one hundred and sixty perches the just length, then from the end of the said East line, a [...] is drawn South one hundred perched but no markt tree there exprest it will leave a gore betwixt a line drawn West to the first tree, and the end of the hundred perches South, in all such cases by vertue of this Act the third line shall be extended of equal length with the first and the fourth line shall be parallel with the second as in the first example demonstrated, that the tract of Land may be square, and one and the same being laid out backward or forwards, but if in the certificate of Survey it be expressed in the third line a certain course and number of perches, and then or from the end thereof or such like [...] expressions with a streight line to the first bounded Tree, such streight [...] shall be the bounds thereof, altho the third line be not of [...] longth with the first, and if any second or latter taker up of Land shall have taken up the said gore or land that may include it, and not improved or built thereon, the owner of the first tract shall pay him his seasona­ble charges expended in taking up the same, and reimburse him all the Rent paid for the same, and the first owner shall intirely hold the full square, paying his Lordship his succeeding Rent for the surplusage, but if the taker up of the said Land or Gore including [...] he shall not be lyable to an Action of Trespas, but if [...] the owner of the [...] Tract do not [...] with him about paying him for [...] up of the gore shall for the improvements sake hold it such a number of years, [...] exceeding fourteen years to come as a Jury of [...] adjudged, [...] all to be required, & the number of years to [...] when the owners of the [...] tract shall by a Jury resurvey and [...] his bounds is according to [...]

And if any Man hold a Tract of Land by the side of a Creek River or Branch and it be described to begin at a markt tree by the side of the said Creek, River or Branch, and at the last is on that side to be bounded with the said Creek, River or branch, but it is exprest from the said markt tree to run up or down the said creek river or branch a certain number of perches or a certain course, which d [...]clines from the water side and runs into the Land and no markt Tree appointed for it to end at, in all such like cases the owners of the said Land shall reverse his last line, viz. as suppose the first course as North one hundred perches to the branch creek or river and the other Well one hundred and sixty perches and then South one hundred perches, and then [...], or on a streight line to the first markt tree, he shall run from his first tree [...] one hundred and sixty peches. & then South one hundred perches, and then East unto the said creek river or branch, and where the said East line intersects or falls into the water it shall determin his bounds, & he shall [...]old from that intersection by the water side to the first tree, but in this case or any cases parallel, if fifty per cent. will not intersect the branch, creek or river, then the precise lines and course to be the bounds thereof, & the reversing of lines shall determin bounds, when the lines by the water side slants over the creek, river or branch, & in that case the creek river or branch shall be the bounds of such tract, and it shall not pass over as in the second third and fourth example is demonstrated and the reason why fifty per cent. is allowed to reach the creek, river or branch, that if more is there will be no coherence between the creek and the course.

And if a Tract be discribed to [...]e on a certain side of a creek river or branch, & begin at a markt tree, and run a certain course, as suppose North one hundred per­ches up or down the said creek or river to another markt tree by the river side, which second markt tree is known and really stands by the water side, and [...] the breadth of the Land within fifty per cent, there the second line supposing [...] shall be drawn from the second tree the certain number of perches, supposing one [Page 62] hundred and sixty and [...] end thereof South, till it intersect a line drawn al­so [...] from the [...] said East [...] last mentioned be more or less in this case than fifty per cent. [...] under, and from that intersection a line drawn [...] to the [...] the well and the South Line shall be the bounds of such tract, and all such [...] in cases parallel, because that generally takers up of such backward [...] and have so allowed the tracts fronting the River to lie, & that with good reason, and as for the reasonableness of it, it cannot be otherways enacted, so if it should be other ways enacted it would make a general confusion in all backward lands, bounded [...] upon the frontier tracts, and then one upon [...] and in the cases aforesaid, altho there be a great variation betwixt the prescribed course and the real course, from the first to the second tree, yet all the [...] betwixt the said trees by its general bounding on the water shall be adjudged part of the said tracts, and afterwards from the second tree it shall be determined by lines as aforesaid, as in the fifth & sixth example.

And if a tract of land be laid out for a certain number of Acres on such courses, which tho the length of the lines yet the acuteness of the Angles will not make the certain number of Acres, yet th [...] tract shall be confined by such bounds, as supposing the first line be north fifty perches, & then north and or [...] the like eights perches, and so parallel, and yet the owner shall be [...] all latter [...] adjoyning to such lines shall be good as [...] seaventh example.

And if any Man have a greater number of perches [...] breadth by express words, then he ought to have, yet he [...] hold the same a­gainst any latter taker up, and against the Lord Proprietor [...], as sup­pose north fifty perches, then cast eighty perches, and so [...] for one hundred Acres as in the eighth example.

Every Man that hath an Island intirely granted to him, altho' he have Surplus­age shall hold the same altho' [...] courses or number of perches [...] not rightly, express to conclude the same against [...]ay latter taker up & against the Lord Propri­etor [...] Rent, if [...] shall for discover [...] i [...] such [...] cause the same to be resurveyed, and [...] his Heirs or successors shall not for any Sur­plusage [...] any Pattent upon [...] deceived in [...] or any other [...], because every Man [...] that by [...] conditions of Plantations [...] due to him, ex­cept where his Lordship hath granted any Lands [...].

And whereas by this Act it is provided that if any Man hold fifty per cent. above his number of perches betw [...]xt his known bounds he shall maintain the same a­gainst any [...] taker up &c. and [...] resurvey his land in due time, but that the [...] Surplusage to another, yet if the first taker up have [...] made his improvement after the certain number of per­ches [...] determined [...] the Surplusage shall not be said to be there only after such [...] of such number of perches, [...]ecause after the Surveyor hath once by [...] as it were shap [...] the land it is then all granted at once [...] flats, & the Surplusage shall be assigned by a Jury intirely [...] together, but to the least [...] of the first Grantee.

And if a certain number of perches in any case be prescribed to run by a Creek, River of [...] and no markt tree nor certain course exprest, the [...] num­ber [...] shall not be spent away by the several windings of the River Creek [...] brought to a [...]reight line of that length, or else be regulated by the o­ther [...] in other cases is provided.

If Land be bounded by a Creek or Cove running a certain course or number of perches as suppose north one hundred perches, if that branch creek or cove were not and expire, or unreasonably wind above five points from the course into the land before the number of perches be determined, so that there be no certain run­ning Stream or certain [...] or Channel of a Stream communing to the end of the [...] or if there be such windings as aforesaid, in such cases the lines shall be the bounds from the beginning to ending; provided that all the adjacent la [...]ds be­twixt the creek and the line before it comes to slant over the branch creek or cove shall be added and [...] to be part of the Land, that is so far as the creek includes as in the ninth example.

If Land begin at a markt tree by a River, Creek, Branch or Cove, and so go up [...] down the said River, Creek, Branch or Cove to another markt tree at the mouth [Page 63] of a Creek or Cove, and then be prescribed to run a certain course or number of perches by the said creek or cove, and the spending away of the number of perch­es upon the winding of the said creek or cove would shorten the line from extend­ing far enough into the woods, and the creek winde outward from the land, and varying from the course, in this case the full [...] course prescribed shall be run out, and from the end of that line shall be drawn a line rever [...] to the next course which is to be run till the line reverse intersect the said creek or cove, and by that intersection it shall be described kow far that tract shall be bounded by the creek &c and the [...] of the bounds shall in such case be ascertained by the four [...] example, as suppose from the second tree at the mouth of a cove &c. the line pre­scribed East one hundred and sixty perches by the cove and bounded by the [...] and the said creek winds away East North East, the cast line of the one hundred and sixty perches shall be run out, and in from the end of the east line the course should be south, then there shall first be drawn a line northe to the cove, & that north line shall describe at the place where it intersects the cove how far that tract shall be bounded by the cove, and then at the intersection the south line shall be begun and continued till it intersects a line drawn east to the first tree as in the fourth example aforesaid, always provided the south line be not fifty per cent. more than it ought to be, but if the south line be fifty per cent. than it ought to be then the south line shall be th [...] bounds and not the creek or cove, and if the south line go to the westward of the first tree, then the east line aforesaid shall be fur­ther extended that the south line may at least come to the beginning tree

In all cases where positive [...] witness cannot be had, there traditional evidence viva voce concurring with and agreeable to Record shall be accounted good proof declaring from whom they had their tradition, and not affirming any markt tree or bounds other then or dis [...]ering from what is exprest on Record, and where the first markt tree is wanting, and the beginning cannot be reasonably proved, but yet a second or third markt tree is found, the tree so found shall rule [...] bounds of the whole tract, according to the rules of this Act mentioned, or hereafter to be men­tioned, where a Man holds a Penninsula or Neck of Land and have several markt or line [...] trees upon the points or capes of his tract which do not very exactly a­gree in course or distance, and yet by good extent [...] [...] bounds, and the whole [...] as 'tis commonly called Penninsula [...], there all things shall be favourably interpreted, to his hold [...] [...] any later taker up altho' he hath built & improv'd, because [...] of land shall have the same advantage of [...] as the other, but [...]et if the second taker up be ejected, the first shall not have any action of [...] against him, except the Court which gives Judgment upon the titles, being the same Court that Judgment is given and not after in due form moved allow such action to be brought upon [...] of the reasonableness of the matter; and that is humbly prayed to [...] enacted because such Penninsula or Necks of Land do not fall under any ordinary rule of regulation, provided that nothing be allowed of which is directly-contrary to any other rule of regulation or clause of this Act.

And if any tract of land be described to begin at the uppermost or lowermost tree of another tract, when the record of the former & act mentions not any tree markt for the uppermost or lowermost bounds thereof, in all such cases the second tract shall begun where the uppermost or lowermost bounds of the first tract ter­minates by this Act, except it can positively and very strongly by good witness be proved that the Surveyor and not the taker up, then and there at the taking up did mark a tree for the beginning of the second tract be said to bound upon the first, yet it shall not be allowed to do so to the prejudice of any latter Survey but may come to it's beginning by [...] prescribed line or lines parallel to the tract on which its said to bound, and the land betwixt may be taken up by a common Warrant, as in the tenth example by which all cases parallel may be adjudged & determined.

If a tract of land [...] to [...] on a certain side of a River. Creek or Branch with a stream or cove, and at the last by general bounds is described to be bound­ed by the said River Creek &c and [...]he first line is drawn from the river &c. into the woods from the river &c. and there are other courses prescribed, and [...]e last come to the river &c. yet if any of the former courses come to the river branch or cove, the courses shall there determine, and thence by the water be bounded and shall n [...]t pass over, but the owner shall be content with [...] [...]and is between such [Page 64] lines and the water be it never so little, and apply himself (if he please) to his Lordships favour for the benefit of his Warrant as in the twelfth example.

If a tract of land be described to begin at a certain tree & [...]o run a certain course expressing no [...] number of perches till it intersect another [...] of land, which course goes [...] from such lands, and no determinate number of perches to limit the lines [...] void survey, and shall be deemed to include nothing by one part of one side & another part of another side of a river, creek, branch or cove &c.

If a tract of land begin at a certain markt tree, running to the head of a creek, branch or cove it shall be determined as aforesaid is described in such like cases, & then if for more breadth it begin again at the head of the said river, creek, branch are cove, and on the other side thereof, the beginning on the other side shall be [...] to be right opposit to the ending of the [...], except there be a markt tree exprest on the second side to regulate that part otherwise.

If one tract of land be so [...]aid out, and the one part of it [...]es on the one side of a former Survey, and another part of it lies on the other side of the former survey, and part is taken away by the said former survey, yet the owner of the second [...] shall hold all that is clear of the former survey, and all former surveys what­ever on both sides, for that the land is not granted perch by perch as the surveyor [...] he grant is [...] all at once of every part of it, and if any [...] mans lands, [...] of the said land in [...] land the said trees stand, shall not on any pretence cut down or destroy the said tree or trees, except he first give notice to the owner of that land whose bounds such tree is, and there in his presence either [...] other sufficient Locust or Cedar post or stone or stones [...] the stead and place of that tree, under the pe­nalty of six pounds Sterling to be paid to the party whose bounds that tree was, to [...] by Action of debt &c.

And it is hereby made lawful for every Man [...] such tree or trees within a­nother Mans land, and having special Warrant of Resurvey or order of Provincial or County Court for resurvey of their land to ascertain his bounds having a [...], & being denied with Surveyor, [...] & [...] go on such land, whereon or wherein his ma [...]kt tree stands, and from such markt tree [...] his [...] required, provided he make all sences as good and [...]ight as they were foun [...] [...] no [...] any along with him in measuring the [...] manifest damage, detriment [...] har [...]h to the owner of the land [...] they go or if accidentally any damage happen; that then in such cases [...] three days make rep [...]tation and amends,

And Be it Enacted by the Authority aforesaid, that no Man [...] ten per cent. given [...] to the precise number of perches, except it, be [...] that addition of ten per cent. to reach to a markt tree or other natural bounds, but if he have no markt tree or natural [...] he shall not take ten per cent. to the damage of any [...] Survey, but if the la [...]ter Survey begin off from the first Survey and run to­wards it and there be ten per cent, betwixt the [...]nd of the precise number of perches the first taker up shall injoy it, and in all such cases if ten per cent. added to both will make their lands to bound o [...] each other [...] person shall take up or hold any land betwixt them.

And Be it Enacted by the Authority aforesaid, [...] if any Man hold land by a river or creek side, yet so as there lies ma [...]sh [...] land and the river, such adjacent marsh shall nor be taken up, or being already taken up by any other shall not be held, but such adjacent marsh shall be, deemed & adjudged absolutely to belong to the land to which it is adjacent, and be bounded by the same courses drawn from the firm land into such river or creek as the firm land is bounded by, except in Somerset County, and upon Dellaware and the Oc [...]an.

And Be it Enacted by the Authority aforesaid, that if any Man hold land which is bounded, or exprest to be bounded by a line drawn from a certain tree or other undividable [...] of intersections, a certain course to a certain markt tree in the woods, and the said tree or trees do not correspond to the said certain course or courses, but that the courses and trees differ very much as it is too common, and [...] the courses prescribed give the quantity of land due to the taker up, in such cases wherein it is not otherwise before in this Act provided [...] ascertaining of the bounds of land by the water side, the lines shall be the bounds of such lands, and the trees shall be deserted, and one line shall be drawn from the end of another, be­cause [Page 65] the errors of such Surveys was in the misplacing of trees, yet so if any se­cond taker up hath begun at any the aforesaid deserted trees and [...] lines parallel to the first taken up lands, & that by this regulation, some part of the land of the second taker up will now fall within the [...] of the [...] taker up, in such case the first taker up shall have no Action of Trespass against the second taker up for any supposed trespass within his lines which he could not have had before, but on the contrary, of the second taker up hath made any improvement on the land [...] to be taken away he shall hold his improvement and all the land that [...] to be within the lines of the first taker up by reason of this regulation for such number of years as a Jury shall think such improvement deserves, not exceeding fourteen years, to be reckoned from the time that the first taker up resurvey'd his land by a Jury, and the said Jury shall there [...] determin the matter.

And whereas this may occasion that some land may [...] clear by or about these des [...]rted trees or otherwise, in such cases the Jury, or the major part of them shall det [...]rmin in writing under their Hands and Seals what part of such land happening to be clear shall be assigned to the first taker up to take up again by common [...], and what part shall be assigned to the second taker up to take up again in like manner, which by this Act they are impowered to do, to make good what disadvantage may happen to either part, and no other person for a year and a day [...] shall take up any the land so assigned, and if they do it shall be of no effect, nor shall any grant for the same upon any such surreptitious Survey be of validity in [...] and if the first taker do not within a year and a day after the pub­lication of [...] in the County where such land lies resurvey his land and ascer [...]in [...] that then after one year and a day expired the second taker up ( [...] he pleaseth) for certainty [...] cause the same to be done at his own cost [...] And [...] Enacted &c that the Justices of [...] respective [...] may grant a [...] of [...] and a [...] for a Jury if required when the [...] of Resurvey is onely [...] of bounds, according to [...] petitioner paying only to the cl [...]rk [...] pounds of Tobacco for [...] and thirty pounds of Tobacco or [...] six pence to the Commissioners towards supporting their expences, [...] Warrant of re­survey is [...] as aforesaid there the Surveyor shall have only [...] as [...] primitive Survey, any Law Statute or Custom to the contrary notwithstanding. And [...] that by vertue of such Warrant [...]e hath resurveyed a tract of land called A [...] for [...] described [...] and be bounded as followeth, (here the scituation and bounds of land to be exprest) and that he hath [...] and regulated the same according to the first second or other example of the Act for regulating and ascertaining &c which certificate with a [...] shall be [...] to the Examinor of the County, and being approved by him to the County Clerk to be recorded, and to that [...] Be it Enacted that the [...] for the time be­ing may constitute & apoint one discreet person to be [...] of the said County and to do therein as to such Office belongs &c. taking for [...] [...]ees for every such certificate fifty pounds of Tobacco, if the same be for five hundred Acres or under and one hundred pounds of Tobacco if the same shall keep a fair Book, and Re­cord the certificate an [...] platt.

And Be it Enacted &c. that if any person hold a tract of land, which on any line is said to run a certain course and certain number of perches to another Mans land, & that certain number of perches and fifty per cent. added on the same course to that line do not come to the said land, yet the number of perches give the quan­tity of land which the taker up had due to him, he shall be contented with his pre­cise number of perches, and shall not [...]tend his line further to the damage of any latter Survey, altho' his Survey be said to be bounded by the other Mans land, but the land betwixt being surveyed by common Warrant shall be sure to him that sur­veyed it, provided that is not already taken up, he shall have a year and a day from the publication of this Act to take it up by common Warrant, except in such cases as falls under the regulation of the eleventh example.

And if any owner of land perceiving that be hath more breadth betwixt his trees which gives him more land then was due to him at first have already whilst he was owner of the first tract by common Warrant taken up the surplusage, he shall by vertue of such survey and his Lordships grant hold the same according to his grant, notwithstanding the said land [...] to have been formerly survey'd, but there [Page 66] shall not be made any other line then is exprest in the Record of survey to joyn the land together.

And be it further Enacted &c. that no warrant or grant to alter any survey up­on presence that the surveyor hath not taken up the intended land, or was mis­taken in prescribing his courses or any the like pretences shall take effect or be good [...] to the [...] the bounds of any land to the damage of any latter taker up that hath seated & improv [...]d where the Area of such first survey includes considerable land of any quanty and hath but one markt tree, but where such Area includes no land at all but water, there the mistake was manifest, and it shall be adjudged in case of difference according to the intent of the surveyor manifest­ [...] so proved and adjudged, notwithstanding if any man have a well known trees by [...] water side markt for his breadth of land, and hath seated, improved and paid Rent & [...] for [...] years injoyed the [...] betwixt the said trees, & yet by some error or mistake in the Surveyor or Clark the said land is exprest in the body of his grant or p [...]ttent to begin at one of the said trees and run to the other, but the [...] prescribed runs directly contrary (that is to say) in running up the said river creek &c. [...] of down the river creek &c. or down in lead of up to the second [...], and leave out the intended land where such mistake is manif [...], and the first taker up hath as aforesaid seated and improved betwixt the said trees, and [...] claimed other land by vertue of that grant, but the land betwixt the said trees the [...] taker up shall injoy it as if no such mistake had been, and if there be a­ny other error, in his back lines it shall be regulated as [...]n like cases is before ex­prest for other land, and the second taker up may by vertue of this Act and his Lordship, favour make use of his Warrant elsewhere, and the [...] taker up shall [...] the second his reasonable charge for letting his Survey fall, to be [...] by the County Court upon his petition or motion, the first taker up be­ing first called and heard, and after such Judgment award Execution by fieri facias or Attachment, but yet if such second Survey have been made above [...] years before this present Sessions and hath been scared and improv'd by the second taker up and never yet scared and improved by the first taker up or his [...], then the first taker up and not the second shall be [...] to seek for the benefit of his Warrant elsewhere, and this word up the river creek &c. instead of down, or down instead of [...] shall not vitiate any grant or deed by which land is convey'd from one Man to another, where the rest of the words in the said grant or deed manifestly imply it only to be a mistake, and the first taker up shall rectifie his Survey [...] take a new grant, which shall be under the same rent and no other.

Provided always, and Be it Enacted, that nothing in this Act contained shall alter, change, make void, make erronious or defeat any Judgment give [...] & recovered in the Provincial Court before the making of this Act, not make void any [...] or Award under Hand and Seal given before the making of this Act, altho such Judgments and Awards are given contrary to the meaning of this Act, but all such Judgments & all such awards tho' they might not otherwise be good about [...] shall be and are hereby confirmed, other [...] in Law excepted, provided such Awards shall within a year and a day be recorded in their respective County Records after the publication of this Act, and acknowledg'd in open Court by one of the Arbitrators or Umpire.

And if a certificate be so defective that one whole line be left out, yet if the o­ther lines be so exprest that they shew what length and breadth were designed, & that the length and breadth would make out the quantity of land which the taker [...] had due to him, and the lines exprest do infer to common Reason and Sense [...] the lines were left out by mistake, in all such cases the first taker up shall [...] his land against any latter taker up as if the certificate were good & intire.

And if any Man hold a tract of land which is exprest to bound on another tract, [...] to began at a markt tree standing in the line of that tract on which it is said to bound but the first markt tree cannot be prov'd no [...] found, yet if any other markt tree of the tract be found and proved, that found and proved tree shall rule the bounds of the tract, yet so as only the precise number of perches shall be held, but [...] be found the owner may resurvey [...] and lay it out again, beginning in the [...] where it was at first said to begin, but it shall then be accounted later than a­ny other Survey in them parts, and the taker up shall not intrude nor hold [...] of any tract of land whereon a Plantation is seated, & whereof there is certain proof [Page 67] of the bounds because a certainty is to be preferr'd before an uncertainty, [...] what land he shall include by his Survey clear of other tracts he may hold for ever by vertue of his first Warrant, and the like shall be adjudged in all parallel cases where no tree is to be found, if the owners shall think it any advantage by saving his Warrant, but then after such Survey he shall not pretend to his former Survey any more for ever, yet if any such markt tree was said to begin in the point of a fork at the mouth of a creek or such other place which is as it were a natural be­ginning, there if no tree is found yet if the place is certainly known and proved, a Jury shall find a point or prick to begin at most agreeabl [...] to the description in the certificate of Survey or Grant of the same, no evidence admitted to prove a marks tree where the Record expresses none.

And lastly, Be it further Enacted &c. that if any controversy happen about [...] bounds of land, whereof there is no parallel within this Act, the Provincial Court shall not give Judgment therein, but it shall be put to the Assembly to be determi­ned by an Act and to be made a president for the future.

An Act of gratuity to Colonel Ninian Bea [...].

The humble Petition of Henry Wallice of Kent County.

An Act for continuing the late Act for imposing three pence per Hogshead upon Tobacco to the use of his present Excellency from the time of his arrival here to the end of this Sessions of Assembly.

An Act for settling Assemblys and Provincial Courts at the Port of Annapolis in Ann-Arundel County,

BE IT ENACTED by the King most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authori­ty of the same, that the Port of Annapolis in Ann-Arundel County be the chief place and [...] of Justice within this Province, for holding Assemblys and Provin­ [...]ial Courts, and that all Writts, Pleas and Process issuing or that has issued out & returnable to the Provincial as aforesaid, or to the Court of Chancery, shall from and after the end of this present Sessions of Assembly continue and be made [...] able to the Port of Annapolis in Ann-Arundel County aforesaid.

An Act for raising a supply towards the drfraying of the publick charge of this Province, and to prevent too great a number of Irish Papists being imported into this Province.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that from and after the publication hereof all Masters of Ships or o­thers importing Irish Servants into this Province by land or by water, at the time of their entry shall pay unto the Naval Officer for the time being belonging to such Port or place where they make their Entry the Sum of twenty shillings Ster­ling per Pole towards the defraying of the publick Leavy of this Province for eve­ry Irish Servant so imported, on penalty and forfeiture of five pounds Sterling per Pole for every Servant so concealed at the time of his entry aforesaid, the one half thereof to be appropriated to the uses aforesaid, the other half to the informer o [...] him or them that shall sue for the same to be recovered in his Majestys name in any Court of Record within this Province by Action of Debt Bill Plaint or Informa­tion, wherein [...] [...] Protection or Wager of Law to be allowed.

And Be it Enacted by the Authority aforesaid, that for every Negro so import­ed into [...] Province either by land or water, the importor or importors of such Negro or Negro's shall pay unto the Naval Officer aforesaid the Sum of twenty [Page 68] shillings Sterling per Pole for the use aforesaid, on penalty and forfeiture of five pounds Sterling per Pole for every Negro kept back or unaccounted for, to be ap­plied for the uses aforesaid, and to be recovered as aforesaid.

And Be it further Enacted by the Authority aforesaid, that from and after the publication hereof all Masters of Ships or other Vessels that shall either by land or water import any Rum or Wine into this Province shall pay unto the Naval Offi­cer aforesaid where they make their entry the Sum of three pence per gallon for e­very gallon of Rum or Wine so imported into this Province as aforesaid, to be ap­ply'd for the uses aforesaid, Liquors from England always excepted.

And Be it further Enacted by the Authority aforesaid, &c that all Ships or o­ther Vessels which have been built in this Province or hereafter shall be built as a­foresaid, which are solely and wholly belonging to the inhabitants thereof, shall be wholly exempted & acquitted from paying the imposition of three pence per gallon aforesaid.

And Be it further Enacted by the Authority aforesaid, that no Rum or Wine upon which the dutys aforesaid are assessed shall be landed or put on shoat out of any Ship or other Vessel, which shall import the same, or any other without du [...] entry thereof made with the Officer thereby appointed (upon Oath of the said person or persons importing any of the aforesaid liquors) for collecting the same, in the Port or place where such liquors shall happen to be imported as aforesaid, or before the duty due and payable for the same be satisfied or secur'd to be satis­fied, and a Warrant for the landing thereof be signed by the Officer for that pur­pose appointed upon pain and peril that all such liquors landed and put on shoat contrary to the true intent and meaning of this Act shall be forfeited and lost, or the full value thereof; one half to be appropriated towards the defraying of the publick Leavy of this Province, and the other half to the informer or him or them that shall Sue for the same, to be recovered in his Majestys Name, in any of his Majestys Courts of Record within this Province by Action of debt bill plaint or in­formation, wherein no essoyn protection or wager of Law to be allowed.

And for the better incouragement of all Masters, Merchants, Owners and other persons whatsoever to make due entrys and payment of the dutys, rates and im­posts raised by this Act, in consideration of leak [...]ge and other damages, the Offi­cer is hereby authorized and impowered to make allowance and abate [...]ent of 20 gallons in every hundred gallons of all such liquors so to be duly entred as afore­said, and the officers hereby appointed for collecting and gathering the dutys a­foresaid, shall and are hereby impowered upon any suspition of fraud or deceit by any importor owner or proprietor of any such liquors, in concealing and not mak­ing due entry of the same, to go and enter on board any Ship or Vessel, or into any house or ware house on shoat, and from thence to seize, bring on shoat or se­cure all such liquors for which the dutys aforesaid are not duly paid or secured to be paid as aforesaid, and that the said officers and their deputys may freely stay and remain on board until the goods are delivered and discharged out of the said Ship or Vessel, and all officers as well military as civil of this Province, and all masters and officers of Ships are hereby required and injoyned to be aiding and asisting to such Naval Officers in discharging of their duty aforesaid, for all which the said Officers and others asisting them shall be saved and kept harmless by ver­tue of this Act.

And Be it further Enacted by the Authority aforesaid, that all such Naval Offi­cers shall give good security to the Governour of this Province for the time being, and shall take their several Oaths well and faithfully to gather the impost so [...] by [...] of this Act or any cla [...]se herein contained, and adjust & faithfully to account twice a year, and to give and render to the publick Treasurer of this Province for the time being authorized for receiving the said impost, for which the said Treasurer shall have for their sallary 4 l. per Cent' who are to give good Bond for the same, to be accountable and render account to the next meeting of Assembly, to be by them disposed of towards the defraying of the publick leavy of this Province.

And Be it further Enacted by the Authority aforesaid, that every Master of a Ship or other Vessel at the [...] of his entry of such Ship or Vessel wherein [...] liquors shall be imported as aforesaid, shall render upon oath an account of the quantity and quality of liquors aforesaid, and several & respective Naval Officers [Page 69] within this Province for the time being, shall at the time of the [...] entry of such Ship or Vessel as aforesaid take good and sufficient security in his Majestys name for the payment of the imposition aforesaid to such use and purpose and in such manner and form as by this Act is appointed, all which dutys arising by such im­positions upon liquors as aforesaid, shall be collected and gathered by Naval Of­ficers in their several and respective Districts, for which they shall have for their Sallary eight pound per Cent. and no more.

Provided always, that if any importer of Rum or Wine into this Province after the end of this Sessions of Assembly, and within three Months after his arrival & such his report made to the Naval Officer or such other Officer legally impowered as aforesaid to take the same as aforesaid, shall export any of the said rum or wine by him imported as aforesaid, it shall and may be lawful for every such importer by way of debenture or draw back Money to stay and detain three fourth parts of such imposition; always provided that the said exporter who desireth the benefit of the said debenture or draw back shall declare on his corporal Oath to be admi­nistred by the said Officer on the Holy Evangelist that the said Rum or Wine by him desirous to export is part of the said Rum or Wine by him imported & made report thereof as aforesaid, This Act to indure for three years, o [...] to the [...] the first Sessions of Assembly which shall next happen after the end of the said three years.

An Act for speedy Justice for small Debts.

FORASMUCH as this present General Assembly [...] taken into then serious considerations the great damage and inconveniency accruing to the good people of this Province for the recovery of small debts by a due course of Law in the several and respective County Courts thereof, it often happening that such Creditors rather choose to loose their just [...] and Credits than [...]e [...] to the trouble to Sue for the same, and further, it doth also appear to be no less a grievance and burthen to the debtors of such Creditors (persons for the most part indigent and poor) who being Sued frequently pay three times more cost than their [...]riginal Debts amount unto, for the [...] of both partys for the future, and the immediate and [...] recovery of just- [...] and [...] of the like agrievances for the time to come, it is therefore prayed that it may be enacted,

And BE IT ENACTED by the Kings most Ecellent Majesty by & with the Advice and Consent of this present General Assembly and the Authority of the same, that no County Court within this Province shall hold Plea or have ju­risdiction for the hearing, trying or determining of any Action or Actions before them brought either by Bond, Bill, Assumption, Reckoning or Account wherein the real Debt or Damages doth not exceed the Sum of two hundred pounds of to­bacco, or sixteen shillings and eight pence in money, but that in all such cases it shall and may be lawful for any one Justice of the Peace within the several and respective Countys, wherein the person debtor doth reside, to try, hear and de­termin the matter of controversy between them, the party and partys debtor and creditor as aforesaid, upon application to him made by any creditor or creditors of such debtor or debtors as aforesaid, and at the time of such application such Justice is also authorized and impower'd, also will'd and requir'd to issue out his Warrant and to depute such person for to execute the same as he shall think fit to command and bring before him the person of such debtor, or debtors, & also [...] to issue out for such witness or witnesses as either Plaintif or Defendant shall have occasion to make use of with power to administer an Oath or Oaths to ei­ther Plaintif or Defendant, or to either of their Evidences as occasion shall repuite for the better clearing of the matter in controversy before him, and upon full hear­ing of the Allegations of both partys, what may or can be given upon Oath in E­vidence by both their witnesses, to proceed as the nature of the ease shall require, whose determination shall be final; all which such Justice of the Peace before whom such matter of controversy shall be brought, shall do the same without any see or reward: and if such party or partys against whom Judgment shall be given, shall refuse or delay to pay such debt as shall be awarded against him or them, then it shall and may be lawful for such Justice' of the Peace to award Execution against the said party or partys for the debt aforesaid, by fieri facias or capias ad satisfa­ciendum [Page 70] directed to the Sherrif of the County, which said Sherrif upon receit of such precept [...] from such Justice aforesaid shall immediatly leavy the same upon his her [...] their Goods Chattels or Body, as the nature of the Writt shall require, all which such Sherrif shall do ex officio, saving to such Sherrif his sees of imprisonment if the party shall remain in custody twenty four hours.

And Be it further Enacted by the Authority aforesaid, &c. that in all Actions that shall be brought by any person or persons in any of the County Courts of this Province after the publication of this Law, wherein upon tryal it doth appear to the Court that the just ballance doth not exceed two hundred pounds of Tobacco [...] sixteen Shillings and eight Pence in Money the Plaintif shall be non suited, and Judgment shall not be given any County Court of this Province to any person or persons for any such ballances aforesaid, but that the Plaintif shall be nonsuited as aforesaid

And Be it further Enacted by the Authority aforesaid that in any action or acti­ons after the end of this Sessions of Assembly that shall be brought in the Provinci­al Court of this Province and upon tryal it doth appear to the Court that the just ballance is under fifteen hundred pounds of Tobacco, or six pounds five shillings in Money the Plaintif shall be nonsuited as aforesaid.

And Be it Enacted by the Authority aforesaid, that his Majestys high Court of Chancery within this Province shall not hear, try, determin or give Relief in any Cause or Causes wherein the original Debt or Damages doth not amount to the Sum of twelve hundred and one pounds of Tobacco or five pounds and one p [...]ny in Money but that the Judgments of the County Courts of this Province for 12 hundred pounds of Tobacco or five pound in Money shall be final, any Law cus­tom or usuage to the contrary notwithstanding.

An Act for rectifying the ill practices of the Attorneys of this Province, and ascertaining the Attorney General and Clerk of the Indictments Fees.

WHEREAS by a certain Ordinance of Assembly made at a General Assembly held at the Port of Annapolis the twentieth day of May Anno-Domini 1695. i [...] was ordain'd that the Attorney General of this Province should have four hundred pounds of Tobacco Fee for all Actions he should bring upon Bonds taken in the name of our Sovereign Lord the King, and put in Suit in the Provincial Court of this Province to be paid by the party bound in the said Bond, and for all Criminal Causes where the Grand Jury shall find the Bill in the Provin­cial Court the Attorney General to have four hundred pounds of Tobacco, and that the Clerk of the Indictments in the several and respective County Courts should have two hundred pounds of Tobacco of the Criminals where the grand ju­ry [...]ound the Bill by colour of the said Ordinance and lucre of Fees several Bonds have been put in Suit without any default, and several venires have been issued before any presentment of the grand jury, or any order of the Court, so that di­vers of his Majestys good Subjects of this Province have been unjustly grieved, troubled & molested upon every trivial and slight-complaint to the Attorney Gene­ral and to the said Clerks of Indictments, for preventing of which great evil for the future the Delegates of this General Assembly do humbly pray that it may be Enacted, And

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice & Consent of this present General Assembly & the Authority of the same, that after the end of this Sessions of Assembly no Summons or other Process for a­ny Criminal matter or misdemeanor shall issue out of any of the Courts of this Province against any person or persons whatsoever without a presentment be first [...]ound against the said person or persons by the grand jury, unless by a special or­der of Court, and if the Attorney General or any other Attorney of the Provincial Court shall issue forth Summons or any other Process against any person or per­sons and no presentment or order of Court appears upon the Record to justify the same, the said Attorney so offending shall forfeit and pay for such his offence the Sum of five thousand pound of Tobacco, the one half to his Sacrad Majesty to­wards the defraying of the publick Leavy of this Province, the other half to the party grieved, or him or them that shall inform or sue for the same, to be recover'd in the Provincial Court of this Province by Bill, Plaint or Information, and if any [Page 71] Clerk of Indictments in any of the County Courts of this Province, or any other Attorney practising in the said Courts shall issue forth any summons or other pro­cess against any person or persons for any Criminal, matter or misdemeanor with­out presentment be found [...] by the grand jury against the said person or persons or special order of Court appearing upon Record to justify the same, the said Clerk of indictments or other Attorney so offending shall forfeit and pay for such his of­fence the Sum of two thousand five hundred pounds of Tobacco, the one half to his Majesty towards the defraying the County Leavy, the other half to the party grieved [...] to him or them that shall inform or sue for the same, to be recovered in any Court of this Province, wherein no Essoyn or Protection shall be allowed Nei­ther shall the party offending have any Appeal or Writ of Error, but the [...] of the County Court shall be d [...]e [...]nitive therein, and if the Clerk of the Provincial Court of this Province, or any of the Clerks of the County Courts of this Province shall issue out summons or other process in criminal causes without an order for the same, under the [...]and of an Attorney practising in the said Court or Courts to justify the same, the said Clerk or Clerks so offending shall be lyable to the same forfeitures and penaltys of Attorneys so offending, and the said forfeitures to be recovered and go to the use aforesaid.

And Be it further Enacted by the Authority aforesaid, that the Attorney Gene­ral of this Provinces shall not recover nor receive any see for any Navigation Bond put in Suit, either where the certificate was before the Suit of the said Bond lodg'd in the Secretarys Office of this Province, or where it can be prov'd that he knew there was such certificate return'd, either shall the said Attorney General receive or have any [...] for any Bond taken▪ for Countrey dues, where [...]he said Bond appears not to be forfeited, which was the true intent and meaning of the said Ordinance of Assembly, and if the said Attorney General after the end of this Sessions o [...] As­sembly shall sue any bond taken contrary to Act of Parliament, or any Bond taken for Country dues, & no Bills of Exchange appearing protested, nor no other failure to forfeit the said Bond, or where the certificate is returned into the Secretarys of­fice appointed for keeping the same, any of which cases appearing to the Provin­cial Court, the said Attorney General shall not only loose his fee but pay the hon­ourable Secretarys fees and what other charges the party hath been out in defend­ing the same, to be adjudged by the Provincial Court; and whereas several per­sons have been sued in his Majesty's Name for a certain Sum, without ever menti­oning for what the said Bond was taken, so that the said persons do not know what courses to take or whom to apply themselves to. Therefore

Be it further Enacted by the Authority aforesaid, that when any Writt is issued forth upon a Bond taken in his Majestys name it shall be indorsed on the backside as followeth, if a Navigation Bond, for whom the person was bound and in what year, if a Sherrifs Bond, at whose request and prayer it was sued, or Bond taken in any of his Majestys Offices in this Province it shall be indorsed at whose request it was sued, and for want of such indorsment the Writt shall abate, and the party grieved shall recover his cost against the Attorney that sued forth the said Writt.

And Be it further Enacted by the Authority aforesaid, that upon any present­ment of the grand jury upon the breach of any of the penal Laws of this Province, save that for suppressing of Criminals and trying of them in the County Court if the party presented confesses his crime and submits to the Court the Clerk of the in­dictments shall have his see for the same, but if the party traverse and puts himself upon a jury, then the said Clerk to have two hundred pounds of Tobacco fee, and that upon any presentment grounded upon the Law for suppressing Criminals up­on any Statute of England, if Bill be found by the grand Jury, the Clerk of the In­dictments shall have two hundred pounds of Tobacco fee, and that upon present­ment found in the Provincial Court the Attorney General to have four hundred pounds of Tobacco fee.

An Act of directions for the Sherrifs Office in this Province.

FORASMUCH as great complaint hath been made by many the inha­bitants of this Province, that great & many inconveniencys have happened and for the future may happen and accrew to Merchants and other persons trade­ing into or inhabiting in this Province, who have several debts and Sums of To­bacco [Page 72] due unto them from several persons in this Province, who for satisfaction of their said debts have paid away and delivered to their several creditors several quantitys and hogsheads of Tobacco, and such hogshead or hogsheads of Tobacco have been received marked and nailed by such Merchants or others trading [...]nto or residing within this Province as aforesaid, & thereupon the said creditors have delivered up unto their said debtors their Bills or other Specialtys given for secu­rity of the said debts [...] or otherwise the said debtors have procured releases and dis­charges for the said debts. Yet notwithstanding afterwards the Sherrif of such County upon pretence of publick debt due from the said persons debtors have sei­zed the said creditors Tobacco so received, marked and nailed as aforesaid and [...] in the said debtors tobacco houses, and by that means the said creditors are [...] without remedy for recovery of the said debt again to the great discourage­ment of trade and prejudice of such creditors, for prevention whereof for the future the Delegates of this present General Assembly do pray that it may be enacted,

And BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that any person or persons whatsoever Merchants or others within this Province, that have at any time within twelve months last past receiv'd markt and named, or for the f [...]ture shall receive, mark or nail any hogshead or hogsheads of tobacco within this Province of any person or persons debtors within the same, and which hath been paid and delivered to them [...] satisfaction of their said debts and such Merchant or others have upon recei [...], marking and nailing such hogshead or hogsheads of tobacco delivered up their [...] or other security to their respective debtor of their said debts, or if the said Merchants o [...] others have given releases or discharges to their [...]aid debtors of the said debt & that before the said Merchant or others could remove the said hogshead or hogsheads of tobacco from the said debtors tobacco houses, if any Sherrif shall come and seize such tobacco so markt and nailed as aforesaid, that then and in every such case, if the party refuse to make & giver [...] the said Creditors some other full satisfaction for their said debts, it shall and may be lawful for any two of his Majestys Justices of the respective Countys within this Province upon due proof thereof made before them of the said debt and Sherrifs seizure as aforesaid, and the party debtor refusing to make that full satisfaction to their Creditors for their said debts at the said Creditors request to award him Execution with Cost, such Cost not exceeding one hundred pounds of tobacco against the Body Goods and Chattels of such debtor, to be executed by the Sherrif for satisfaction of the creditors just debt and cost as aforesaid, in as full and ample manner as if the debt was recovered by due course of Law.

And Be it further Enacted by the Authority aforesaid, that no Sherrif, under Sherrif or Deputy that seize any tobacco [...], not seize or mark any merchant o [...] other tobac [...] received marked and nailed as aforesaid for any cause whatsoever but only for Lea [...]ys, and the several Sherrif, are hereby impowered to break the [...] of any tobacco house or other houses where tobacco is or shall be secured with design to prevent the said Sherrif from seizing such tobacco for publick leavys and any Sherrif so seizing and marking any hogshead or hogsheads of tobacco con­taining more than [...] is justly due to the publick for Leavys, without making sa­tisfaction to the person whom such tobacco doth belong, as by giving credit, or [...] him to take the overplus out of such hogshead of tobacco, at the choice of the party paying or owing [...]he same, shall pay for every such default the sum of two thousand pounds of tobacco, one half to his Majesty for support of Go­vernment, the other hall to the party grieved, to be recovered in any Court of [...] within this Province by Action of Debt Bill Plaint or Information, where­in no Essoyn Protection [...] of Law to be allowed.

And [...] shall so [...] that any time any Sherrif shall seize any hogshead of tobacco which shall [...] more than such Leavy or Leavys shall amount unto, if the remaining [...] due to the party [...] from whom they shall receive such Leavy or Leavys by the greater [...], then and in every such case the said Sherrif or Sherrifs shall take ou [...] of the said hogshead such quantity or quanti­tys of tobacco due to him for such leavy or leavys, and the said hogshead and the remaining part of the tobacco shall be and remain with the party or partys paying the same, but if the remaining part o [...] such hogshead of tobacco so seized as afore­said and belonging to the party or partys paying the same shall be the less quanti­ty [Page 73] than is due to the said Sherrif or Sherrifs for leavys as aforesaid, then and in every such case the owner or owners of such tobacco shall take ou [...] the overplus of such tobacco, & the hogshead with the remaining part shall belong to such Sherrif or Sherrifs receiving the same

And Be it further Enacted by the Authority aforesaid, that no Sherrif within this Province shall take, exact or receive of or from any person whatsoever Fees, Sallary, Gratuity or Reward for serving any Writt, Warrant or Precept from the Governour and Council, or from any Justice of the Peace, or for doing any other thing in any of the Courts of Record upon any Suit or Suits in Criminal Causes but the several Sherrifs are hereby injoyn'd to execute the same ex [...]. And [...] very Sherrif offending shall forfeit the sum of one thousand pounds of tobacco [...] every such offence, the [...] half to his Majesty his Heirs and Successors for the support of Government, the other half to the party grieved, to be recovered in a­ny Court of Record within this Province by Action of Debt Bill Plaint or Infor­mation, wherein no Essoyn Protection or Wager of Law to be allow'd.

And whereas many letigious persons have, and for the future may commence Actions of Trespas upon the Case rather out of spight and malice than any real cause of Action and not setting forth in the original Writt the cause of such Action, yet lay damage to a vast sum to deter persons from being Bail thereto, for pre­vention whereof for the future.

Be it Enacted by the Authority aforesaid, that in all Actions of Trespas upon the Case where damages are [...]aid to be above four thausand pounds of tobacco, if no Declaration be sent with the Writt, expressing the true cause of Action, the Sher­rif shall not require a Bail Bond exceeding the sum of eight thousand pounds of to­bacco, altho' the damage be laid in the Writt for any greater sum whatsoever, & any Sherrif offending herein shall forfeit the sum of four thousand pounds of tobac­co, the one half thereof to his Majesty his Heirs and Successors towards the sup­port of Government, the other half to the party grieved, to be recovered in any Court of Record within this Province by Action of debt bill plaint or information, where [...] [...]o essoyn protection or wager of Law to be allowed.

And to the end that publick Creditors may be speedily satisfied their debts due from the publick, Be it Enacted by the Authority aforesaid, that every publick Creditor in this Province shall be at his election to make application to the Gover­nour of this Province for the time being to put such Sherrifs Bond or Bonds in suit or otherwise may i [...]ediatly have an action of debt against such Sherrif in the County where the fact ariseth for such publick tobacco as shall be due to such cre­ditor

And to the end that no officer or other person may be surprised or unjustly mo­lested either upon the account of payment or collection of publick dues, Be it likewise Enacted, that no person or persons having publick tobacco to them due, or fe [...]s in any Sherrifs hands to collect, and that do not signify to such Sherrif or Sherrifs their dependance and resolution of making use of the same on or before the 25 th day of December in the year the same shall to him or them be due, shall have take or demand any benefit or advantage by this Act allowed for that pre­sent year and so every year successively, nor shall the Sherrif of any the respective Countys leavy by way of Execution for any publick dues or officers fees, or from any the inhabitants within this Province where they have not made a demand thereof at or before the 20 th day of January for that present year, and so every year successively.

And where any person having publick tobacco or fees in such Sherrifs hands & have made their demand thereof as aforesaid, or the said Sherrif demanded any publick dues or officers fees of the respective inhabitants within his Bailywick within the times before limited, such demandant shall be obliged to take the same and discharge such debtor, for such and so much as shall be by him received, and on refusal of receiving thereof, the said tobacco so intended to be paid as afore­said, being viewed and sound merchantable by two honest Men of the neighbour­hood shall be weighed and marked for the use of such demandant, and be a suffici­ent discharge to the person or persons paving the same for so much as the same did amount unto, provided the same be tendred on or before the tenth day of April, otherwise such tobacco to lie at the risqu [...] of the Sherrifs or others intending to re­ceve advantage hereby, any thing herein contained to the contrary notwithstand­ing.

[Page 74] And Be it also Enacted by the Authority aforesaid, that no Sherrif within this Province have in his hands any publick officers fees to collect shall presume to leavy by Execution on any the inhabitants within this Province any fees to him committed to collect, where the person or persons from whom such fees ap­pear to be due produce the former Sherrifs receit, or otherwise make appear pay­ment of the same, under forfeiture and penalty of treble the sum, executed to the party or partys grieved, to be recovered with cost in any Court of Record within this Province by Bill Plaint or Information, wherein no Essoyn Protection or wa­ger of Law shall be allowed.

And forasmuch as Sherrifs Bonds have of late years been usually taken in the County Courts for the better conveniency of the Sherrifs getting security without any certain form thereof prescribed.

Be it therefore Enacted, that all Sherrifs Bonds hereafter to be taken through­out this Province to be made in manner and form following.

An Act prohibiting the inhabitants of this Province or any others from carri [...] Liquors to the Indian Towns.

BE IT ENACTED by the Kings most-Excellent Majesty by and [...] the Advice and Consent of this present General Assembly and the [...] of the same, that from & after the publication hereof any person or persons what­soever inhabiting or trading into this Province, that shall presume [...]o carry [...] li­quors whatsoever to any Indian Fort or Town, or within three miles of such Fort or Town, and shall vend or dispose of the same to any Indian or Indians whatso­ever, such person or persons shall forfeit the sum of five thousand pounds of tobac­co, one half thereof [...] Sovereign Lord the King his Heirs and Successors to­wards the [...] Government, the other half to him or them that shall in­form or sue for [...], to be recover'd in any Court of Record within this Pro­vince, wherein no [...] Protection or wager of Law to be allowed.

An Act for Summoning grand and petty Juries.

WHEREAS by Law it appears to be the indubitable Right and Proper­ty of the King s Majestys Subjects throughout all his Majestys Domini­ons [...] all cases, either [...]eum and tu [...]m or Criminal matters to be tried by their [...] that is a grand and petty Jury. And for that the constitution of this his Majestys Province will not admit of such ways and methods as is practised in the Kingdom of England by reason of the small number of inhabitants, & divers other impediments not to be a voided.

BE IT THEREFORE ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that the chief Clerk of the Provincial Court shall issue out several Writts of ven [...]re fa [...]ias for two good and lawful Men Freeholders to serve upon a grand Jury for the Body of this Province, and several other the like Writts of ven [...]re f [...]ias for three like good and lawful Men to serve upon petty Ju­ries, which Writts of Summons shall be directed on the high Sherrifs of each re-Countys in this Province, by vertue of which said Writts the said Sherrifs shall 20 days at least before the Provincial Court at which the said Jurors shall serve sum­mons and give notice to the said party and partys, that they be and appear as by the Writts of Sumons shall be directed, (Justices of the Peace and Delegates all­ways excepted) and for default hereof, the Sherrif so offending shall forfeit and pay a Fine of one thousand pounds of tobacco, and each party so summoned and refusing to serve and not appearing at the time and place appointed shall forfeit and pay a fine of five hundred pounds of tobacco, and if it so happen by casualty or by accident that there shall not appear a sufficient number for a grand Jury legally summoned, then the number to be made good and compleated by the high Sherrif attending the said Court of other persons by standers of the same County if any be present, but if none present, of the next adjacent County legally qualified to serve as aforesaid, and upon refusal they shall be subject to the like fines as aforesaid, & for such their service & attendant [...] of the grand Jury at each Court they shall have an allowance of three thousand pounds of tobacco out of the publick Reven [...]ue of this Province towards the defraying of their charges and expences.

And it is hereby further Enacted by the Authority aforesaid, that the high Sher­rifs of each and every respective County in this Province are hereby authorized & impowered to summon a sufficient number of Freeholders, good & lawful Men to serve on a grand Jury in [...] County Courts of this Province twice [...] at the least, that is to say at March and November Court, and oftner if need require, at the discretion of the Justices of the said Countys, and to summon the said grand Jurors at least ten days before each Court, for which Service the Justices of each respective County Court shall and are hereby impowered to make such reasonable Allowance as to them shall seem meet, not exceeding the sum of four hundred pounds of tobacco each court & the said S [...]errifs neglecting their office & duty here­in as aforesaid, shall for every such offence forfeit and pay the sum of five hundred pounds of tobacco, and the party or partys so refusing to serve when legally sum­moned shall forfeit and pay the sum of two hundred and fifty pounds of tobacco, and [Page 76] & the said fine to be leavied upon all petty Jury Men legally sumoned who shall be legally qualified as afore in this Act recited and provided.

And Be it Enacted by the Authority aforesaid, that all and every the Fines and Forfeitures that shall [...]all or accrew by vertue of this before recited Act shall be paid to our Sovereign Lord the King his Heirs and Successors for the Support of Go­vernment, any Law Stature or Custom to the contrary notwithstanding. This Act to indure for three years, or to the end of the next Sessions of Assembly which shall first happen.

An Act for taking special Bail in the several Countys in this Province, upon Actions and Suits depending in his Majestys Provincial Court.

FOR the greater case & benefit of all persons inhabiting [...] within this Province in taking Recognizances of special Bail in [...] actions & Suits de­pending or to be depending in his Majestys Provincial Court of this Province.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that when special Bail is required by the Provincial Court by the Plaintifs Attorney at the calling over of the appearance Docket, and that the Court doth rule that [...] Bail shall be given, and the partys against whom the rule is that he shall give special bail be present, the party defendant shall then and there [...] special bail in open Court, and shall be deemed to be in the custody of the Sherrif that arrested him in that Action till he give special bail as aforesaid is required, bu [...] if the said party defendant be not able at the said Provincial Court then and there to procure special bail, yet the said party shall remain and be in custody of the same Sherrif that arrested him, and by him in safe custody kept and guarded, and carried back into the County where the Defendant was a [...]ested, and there in safe custody kept until he can procure such special bail, but if the said party against whom such rule is that special bail shall be given be not present at the Provincial Court, then the Sherif of that County where the said party defendant was arested may and shall by vertue of such rule aforesaid for special bail to be given take the party unto his custody again, and there keep till he can procure special bail accor­ding to the rule of Court; And for the greater case of making & taking Recogni­zances of such special bail, it shall and may be lawful for any person that shall be by his Majestys Commission appointed one of the Justices of the Provincial Court of this Province within such County where such Justice of the Provincial Court shall inhabit, & in case of death or absence of such Justice of the Provincial Court then it shall be lawful for the President of the County Court to take & receive all and every such Recognizance or Recognizances of Bail or Bails as any person or persons shall be willing of desirous to acknowledge or make before him in his County, in any Action or Suit depending or hereafter to be depending in the said Provincial Court; which Recognizance shall be taken in manner and form as fol­loweth, viz.

[...] [...] You A: B. and C: D. and either of you do undertake for the against I said R: Roe: Defendant in—pounds of tobacco to

[...]: be leavied on your and either [...] of your Lands and Tenements, Goods and Chattels to the use of the said J; Doe the Plaintif, upon condition that if the said J:—D.—obtain Judgment in an Action of Debt or Trespas upon the case depending in the Provincial Court against the said R:—R.—the Defendant, that then the said R,—R.—shall pay the condemnation, or deliver himself to the person of our Sovereign Lord the King or you will do it for him, they acknow­ledge themselves to be content therewith, this—day of—before me

To the honourable Justices▪ Which said Recognizance or Recogninances of Bail of the Provincial Court. [...] or Bail Prizes so taken as aforesaid, shall be transmit­ted to the Justice of the said Provincial Court at the next Provincial Court sitting when and where such Action or Suit [...] depending; which Recognizance or Recognizances of Bail Prizes so taken as aforesaid, the said Court shall receive up­on payment of such Fees as have been usually received for the taking of such spe­cial Bail by the Officers of the said Court, and shall be of like force and effect as if the same were taken de [...] before the Justices of the said Provincial Court [Page 77] during their sitting, for taking of every such Recognizance or Recognizances of Bail or Bail Prizes, such Justices of the Provincial Court, or President of the County Court that shall take such Bail, shall receive only the sum of five shillings and no more.

And Be it further Enacted by the Authority aforesaid, that the Justices of the Provincial Court shall make such rules and orders for the justifying of such Bails and making the same absolute as to them shall seem m [...]t, so as the Cognizor or Cognizors of such Bail or Bails be not compelled to appear in person in the Pro­vincial Court to justyfie him or themselves.

And it is hereby further Enacted by the Authority aforesaid, that such Justices of the Provincial Court before whom any Recognizance of Bail may happen to be taken, such Justice hath and power is hereby given him to examin the Suretys [...] on Oath touching the [...] of their respective Estates if occasion shall require, a­ny Law usuage [...] practice notwithstanding.

An Act for the Constables taking a List of Texables.

BE IT ENACTED by the Kings most Excellent Majesty by & with the Advice and Consent of this present General Assembly and the Authority of the same, that from and after the publication hereof every Constable within this Province [...] at or before the 20th, day of June in every year respectively repair in [...] to every respective house or habitation within his hundred, and there require of the Master, Mistress, Dame or other chief person of the Family a true [...] from under their hands of all their taxable persons they and every of them have within their respective Familys, out of which List the said Constable shall make two fair fair Lists under his hand, and one he shall send to the Sherrif of the County, and the other he shall present to the next County Court to be set up, and if in case any Master, Mistriss, Dame or other chief person of a Family shall refuse or deny to give such List, or in their absence leave at their dwelling houses or quar­ters such a List and Account of their taxable persons of their several Familys, or in the said account shall conceal any taxable person or persons in his or their Fa­mily, for every such offence not giving a true list and account of them to the Con­stables by the time required, and for every taxable person by them con [...]ealed shall forfeit and pay for every such offence the sum of five hundred pounds of tobacco for every person so by him or them concealed, & every Constable [...] his office herein, shall forfeit and pay the sum of five hundred pounds [...] e­very such offence, [...] half thereof to his Majesty his Heirs and [...] the Support of Government, the other half to the informer or him or them that will sue for the same, to be [...] in any Court of Record within this Province, wherein no Essoyn Protection of wager of Law to be allowed.

And Be it further Enacted by the Authority aforesaid &c. if any inhabitant within this Province, shall from the time herein appointed for taking the list of taxables, on the last day of July purchase any taxable person or persons, he or she shall with all convenient speed give notice of the said taxable or taxables to the Constable of the said hundred, who is hereby injoyned to give account to the next County Court, and to the end that no person for the [...] may be ignorant what persons are taxables and what not.

Be it Enacted by and with the Advice and Consent, aforesaid, that all Male Children born within this Province and resident in it shall be taken and accounted taxables at the age of sixteen years and upwards, and all Male Children Servant [...] imported into this Province at the age of sixteen years and upwards shall be ac­counted taxables, and all Slaves whatsoever either Male or Female imported into or born in this Province at or above the age of sixteen years shall be accounted taxables and so rated, and that all Freemen within this Province (except [...] Men and likewise such poor impotent persons that receive Alms from the county) shall be accounted taxables being above the age of sixteen years.

An Act for the due Recording of all Laws of this Province in the Secretary [...] Office, [...] also transmitting the Journal of the house of Delegates into the Secretarys Office.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that the Secretary of this Province in whose custody the Records re­main, do it or before the tenth day of March next cause all such Laws and Acts of Assembly as shall be of force at the end of this present Sessions of Assembly to [...] upon Record in a large new Book of a large Folio and good and sub­stantial Paper [...] bound, either in Leather or Parchment to be writt in a fair legi­ble hand, as also all other Laws hereafter to be made within six Months after any Sessions of Assembly that shall hereafter happen, to be kept in the Secretarys Of­fice onely, and also cause the same to be examined by the [...] Acts, to which the Governour has affixed the broad Seal, and the same so [...] shall be signed by the Honourable the Secretary and sealed with the lesser Seal, and that his Ho­nour the Secretary cause a List or Catalogue of the said Laws to be entred in the said Book, and an Index or Table directing to every Act in the same, and in de­fault thereof by the time aforesaid, shall pay as a Fine for the same the sum of ten thousand pounds of tobacco, to be recovered in his Majestys name, the one half to his Majesty for the support of Government, the other half for him or them that shall sue for the same, and when the same is written and done, the said Secretary shall at the next General Assembly be allowed and paid out of the publick Leavy so much as the said Secretary shall reasonably deserve.

And Be it further Enacted by the Authority aforesaid, that the Clerk of the House of Delegates for the time being transcribe the Journal of the said House within two Months after the P [...]crogation or Dissolution of any Assembly now held or to be held hereafter, upon penalty of five hundred pounds of tobacco, to be for­feited and paid to our Sovereign Lord the King one half of which [...] for the sup­port of Government, and the other half to him or them that shall sue for the same, to be recovered in any Court of Record within this Province by Bill, Plaint or In­formation, wherein no Essoyn Protection or wager of Law to be allowed.

An Act for securing Merchants and others tobacco after they have received it.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authoity of the same, that from and after the publication hereof, every Housekeeper and in habitant within this Province having a Plantation whereon he maketh or causeth to be made any tobacco, shall build and erect, or otherwise [...]it up and make ready a good right House, with a good Door Lock and Key upon every Platation where such tobacco is made as aforesaid, and sufficient to [...] the tobacco made on e­very Plantation.

And Be it further Enacted by the Authority aforesaid, that every Inhabitant or Housekeeper as aforesaid, having a Plantation whereon he maketh or causeth to be made any tobacco as aforesaid, and that shall pay away and dispose of any to­bacco to any Merchant, Master of Ship or Sailor or any other person whatsoever, shall notwithstanding such disposure or payment, secure and keep the said tobacco as he would do his own proper Goods for and during the space of one whole year, commencing from the time of receiving the tobacco and no longer; and if any to­bacco so received as aforesaid for the want of such house as aforesaid should be damnified or stole, the person neglecting to provide such house shall make satis­faction to the party that received the same.

Provided always that nothing in this Act contained shall be construed meant & intended to make any Inhabitant or Housekeeper lyable to any damage which shall or may happen to any tobacco so left with him to keep secure through any other casuality whatsoever.

An Act for regulating of Ordinarys, and limitting the number of them within this Province.

FOR the better regulating Ordinary [...] & Inholders within this Province for the future BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Au­thority of the same, that from and after the publication hereof, the Commissioners of [...]ach County Court, and the Mayor Recorder and Aldermen of the City of St Marys at the Mayors Court, be and are hereby impowered and authorized from time to time as often as need shall require to grant Licences to such person & per­sons as they shall think fit to be Ordinary keepers and Inholders for the keeping of Ordinarys and houses of entertainment, so long time as in such and so many places within their several and respective Countys and City aforesaid, for the ease and conveniency of the Inhabitants, Travellers and Strangers as to them respect­ively shall seem meet, for which Licences the said persons that shall be so licensed to keep Ordinarys, except all such persons as shall keep Ordinary or Ordinarys in the Port of Annapolis in the County of Ann-Arundel, shall at the time of his or their taking such Licence or Licences be bound & oblig'd to pay unto the Secreta­ry of this Province for the time being if he or they keep Ordinary within the Port of Annapolis in Ann-Arundel County or within two miles thereof the sum of two thousand pounds of tobacco yearly for a fine for every such Licence, or if he or they do keep Ordinary within the City of St. Marys, or at any County Court House, or at the Town and Port of Williamstadt within this Province the sum of twelve hundred pounds of tobacco, and if any person or persons shall keep any Ordinary of houses of entertainment in other remoter parts, for entertainment of travellers shall pay to the said Secretary for the time being yearly for a fine the sum of four hundred pounds of tobacco and no more, and give Bond for the pay­ment thereof.

And it is hereby Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that the Clerk [...] respective County Court within this Province, and the Clerk of the Mayors Court of the said City of St. Marys shall cause such Licence and the fines for granting such Licences and the security given for the payment and performance thereof, to be duly entred upon Record in their several Courts, and then transmit the said Bonds to the Justices of the Pro­vincial Court for his Majestys said Secretarys use, for which [...] and Bonds such Ordinary keepers shall pay to such respective [...] of to­bacco and no [...].

And Be it further Enacted by the Authority aforesaid, &c. that the Commissi­oners of the several County Courts, and the Mayor, Recorder and Aldermen of the said City be and [...] hereby authorized & impowered at their several County Courts and Mayors Court in the Month of January and the Month of August half yearly and every year during the continuance of this Act, having summoned each respective Ordinary keeper within their respective Countys and City, th [...] & there to set and assess [...] prices of all liquors whatsoever in this present Act not hereafter mentioned by them the said Ordinary keepers vended or to be vend­ed for the year ensuing, and so for every year during the continuance of this Act, which rates and prices so to be set & assessed, limitted & appointed by th [...] Com­missioners aforesaid, and by the Magistrates of the City aforesaid, shall be by their several and respective Clerks transcribed and set up at their several and respective County Courts and City aforesaid, in some publick place or places there, that e­very person or persons may peruse the same, the Copy of which table and prices of liquors every Ordinarykeeper within each County are hereby obliged [...] scribe fairly and keep the same set up in the most publick place of their house or houses for the perusal of all persons that receive any Ordinary accom [...]dations from them, under the penalty of one thousand pounds of tobacco▪ to be applyed to the use of the County where such Ordinary keeper shall live, to be sued [...] in case of non payment thereof in his Majestys name, for which sums and table of prices every Ordinary keeper shall pay to such Clerk the sum of forty pounds of tobacco and no more. And any Ordinary keeper and inholder that shall after the setting and assessing the rates and prices-aforesaid, directly or indirectly take, exact, de­mand [Page 80] or receive for the price and pay for any such liquors for which the rates and prices shall be set and a [...] as aforesaid of any person or persons whatsoever above the [...]ares and prices so assest as aforesaid shall for every such offence forfeit and pay the [...] five hundred pounds [...] one half thereof to his Majes­ty his Heirs and successors for the use of the County, and the other half to him or them that [...] in form and sue for the same, and loose every such debt so un­justly charged, exacted and demanded, [...] forfeitures to be recover'd in any Court of Record within this Province, wherei [...] no Essoyn Protection or wager of Law to be allowed.

And every such Ordinary keeper that shall demand, exact or receive above the sum of ten pounds of tobacco per gallon for small beer, twenty pounds of tobacco per gallon for strong beer, for a nights lodging in a bed four pounds of tobacco, for a p [...]ck of haled Indian Corn or Oats for a Horse twelve pounds of tobacco, for pa [...]t u [...]age for a horse per night six pounds of tobacco, for hay or straw for a Horse per night ten pounds of tobacco, shall also pay and forfeit, for every such offence the sum of five hundred pounds of tobacco, one half thereof to his said Majesty his Heirs and [...] for the use of the County, and the order half to [...] or them that shall inform or [...] for the same, to be recovered as aforesaid, and loose every [...] charged as aforesaid; And to the intent that all per­sons inhabitants, strangers and travellors may be contain of good and sufficient ac­comodations [...] themselves and their horses.

Be it Enacted by the Authority aforesaid, that every Ordinary keeper or Inhold­er to [...] licenced as aforesaid, shall within six months after granting their respect­ive licences be hereby obliged to provide & maintain if the said Ordinary be kept at the Court House in the said County, or the Port and Town of Annapolis and Williamstadt twelve good and substantial [...] over & above what is for their own Familys [...]se with covering for the same, together with accomodation of oats, hay, and straw for [...] and indian corn, with stabling for twenty horses at least, and if any such Ordinary [...]e kept at any other part of the County then at the Court House aforesaid, such Ordinary keeper shall within the time aforesaid be provided with four spa [...]e beds with [...], and sufficient stabling and provinder for six horses at the least, under [...] five hundred pounds of tobacco, one half thereof to his Majesty his [...] for the use of the County; the other [...] to him or them that [...] for the same, to be recovered by B [...]ll Plaint [...] Protection or [...] of Law to be [...].

Provided [...] or person persons so [...] to keep Ordinary [...] during their time of such their [...] be Justices of the [...] Comissioners in any County [...] within this [...], nor any Mayor, Recorder or Alderman of the said [...] St. Marys, any thing in this present Act to the contrary notwithstanding.

And it is further Enacted by the Authority [...] that if any Ordinary-keeper keeping evil [...] in his House upon complaint [...] thereof to the Justi­ces of the County Court of such Ordinary keepers [...] behaviour or keeping evil rule in his house, the said Justices of the County Courts [...] by authorized & impowered to suppress such Ordinary keeper, and call in such Licence.

And Be it further Enacted by the Authority aforesaid, that any Ordinary keep­er disabled or suppres [...] as aforesaid, or any other person that shall presume to keep Ordinary without Licence first had and obtained as aforesaid, shall for every month he or they shall keep Ordinary as aforesaid forfeit and pay two thousand pounds of tobacco, one half to his Majesty for the use aforesaid, and the other half to him or them that shall sue for the same, to be r [...]overed in any Court of Re­cord within this Province by Bill plaint or information, wherein no Essoyn Pro­tection or wager of Law to be allowed. And

Be it further Enacted by the Authority aforesaid, that no person or persons inha­biting within this Province, not having lawful licence shall sell by retail any fider quince-drink or other strong Liquors to be drank in his her or their houses, or a­bout his her or their Plantations upon forfeiture of every time he she or they' shal [...] be legally convert thereof the sum of one thousand pounds of tobacco, one half thereof to his Majesty his Heirs and Successors for and towards defraying the County charge where such forfeiture shall become due, and the other half to the [Page 81] informer or to him or them that shall sue for the same, to be recovered in any Court of Record within this Province by Action of Debt Bill Plaint or informati­on, wherein no Essoyn Protection or wager of Law to be allow'd.

And Be it further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that no person or persons whatsoever so licenc [...]ed to keep Ordinary as aforesaid, shall refuse to credit any person capable of giving a Vote for election of Delegates in any County within this Province to the value of four hundred pounds of tobacco per Annum for any accomodations by him vended, whereof any such person so capacitated as aforesaid shall have occasion of or re­quire to be acomodated with, under the penalty or forfeiture of four hundred pounds of tobacco, by each Ordinary keeper so refusing to credit such person as aforesaid, one moiety thereof to his Majesty his Heirs and Successors for and towards the de­fraying the Countys charge where such forfeiture shall become due, the other moiety to the informer or him or them that shall sue for the same, to be recovered as aforesaid.

And whereas it hath been found prejudicial to the inhabitants of this Province, that such Ordinary keepers or Inholders have frequently entertained divers Free­men and loose persons a great time tipling at their Houses, as well to many other persons great damage as their own ruin.

Be it therefore Enacted by the Authority aforesaid, by and with the Advice and Cons [...]nt aforesaid, that it shall not be lawful for any such Ordinary keeper or In­holder to keep such Ordinary or House of Entertainment, until they have passed before the Justices of each respective County granting their Licences a Bond with good Security to the value of twenty pound Sterling that they shall not entertain any Freeman or other loose person in their House above twenty four hours, unless such person be capable to give his vote for a [...] in the said County, or that they be retained as a Servant to the said [...] or Inholder, any Law usuage or custom to the contrary notwithstanding [...].

And it is also hereby Enacted by the [...] aforesaid, that the Justices of the Provincial Court and the Commissioners of the respective County Courts shall give this Act in charge to the several grand [...], and [...] com­missione [...] [...] respective Courts, and the Magistrates of [...] several [...] Constables to inquire into the breach [...] all [...] in the said Ordinarys and present the [...] the [...] and pu [...]ished according to [...].

[...] all and [...] and Acts formerly made concerning [...] are hereby repealed [...] made void. This Law to continue for three years, or the end of the next Sessions of Assembly, which shall first happen after the end of the said three years.

An Act for Securing the Parochial Librarys of this Province, and that the care [...] thereof be committed to some worthy and learned Per­son.

BE IT ENACTED [...] the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that the Librarys appointed for the several and respective Parishes within this Province shall be & remain in the hands and possession of the Minister of the Parish and if any Minister be presented, appointed or inducted to the said Parish during his residence in the Parish aforesaid, who is and shall be obliged to keep and preserve the said Library from wast and imbezlement, & be accountable for the same to the Governour and Council and Vestry as often as required; And to that purpose the said Minister shall pass two receits for the said Books, insert­ing what they are, and the title and page of the same, one receit to go to the Go­vernour and Council, and the other to the Vestry of the Parish to be recorded [...] their Records, and the said Vestrys are hereby obliged to visit the said Librarys twice in the year, and inspect the same; and in case of any damage or imbezl [...] ­ment thereof to require and cause satisfaction to be made for the same, and in case any Minister having the charge of such Library shall be removed from his charge, he shall deliver the said Library to the Vestry of the Parish and make satisfaction or reparation if any damage or wast suffered before his departure out of the said [Page 82] Parish, except by [...]re or such like unavoidable accident, or in case of the death of any such Minister having the charge of such Library, the Vestry of the said Parish shall immedia [...]ly take the said Library into their custody & keeping and pass their receits for the same as above directed, and shall in all points be answerable for the same, except by [...]re or such like accident as aforesaid; And for the better presser­ving and securing the said Librarys, the learned and worthy Doctor Thomas Bray or his Successors is herereby appointed chief Visitor of all and every the said Li­brarys within the said Province.

And Be it further Enacted by the Authority aforesaid, that one Act of Assem­bly made [...] General Assembly held at the Port of Annapolis the sixteenth day of September 1696. intituled An Act for securing the Parochial Librarys of this Pro­vince be and is hereby Repealed and made Void & of no Effect.

An Act for punishment of Blaspheming, Fornication, Adultry, prophane swear­ing and cursing.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that from and after the publication hereof, if any person or persons whatsoever inhabiting or being within this Province shall blaspheme GOD (that is to say) curse him, and deny our Saviour Jesus Christ to be the SON of GOD, or shall deny the Holy Trinity, the FATHER SON and HOLY GHOST, or the God head of any of the three Persons or the unity of the God head, or shall utter any reproachful Speeches, Words or Languages cancerning the HOLY TRINI­TY or any of the three Persons thereof, for his her or their first offence shall be bored through the Tongue and [...] the Sum of twenty pounds Sterling to his Sacred Majesty towards [...] the Courty charge where the said offence shall be committed, to be [...] his her or their Goods & Chattels, [...] and [...] (if any they have) but if such offender or offenders have not Goods and Chattels, Lands and tenements to the value aforesaid [...] six months imprisonment without [...] for [...] whereof every such offender [...] [...]galy [...] so offend as aforesaid shall be [...] with the [...] to be fined forty pounds [...] and [...] offending as aforesaid shall [...] to the value aforesaid, every [...] shall [...] imprisonment for the space of one whole year [...] as aforesaid, and for every third offence whereof any [...] shall be legally convicted as aforesaid, he she or they [...] death with [...] of all his her or their Goods and Chattels to his Majesty his [...] Successors.

And Be it further Enacted by the Authority [...] that every person or persons committing [...] convicted shall for every time so offending be fined (by [...] shall be brought) to his Sacred Majesty in the [...] shilling [...] hundred pounds of tobacco, to be leavied [...] for and towards the defraying the County Leavy where such fact shall be committed or receive corporal punish­ment by whipping at the discretion of the said Court, not exceeding thirty nine lashes, and that every person or persons committing Adultery and [...] thereof legally convict shall be fined as aforesaid for the uses aforesaid, in the sum of forty shillings Sterling or eight hundred pounds of tobacco to be leavied as aforesaid, or to receive corporal punishment as aforesaid. And

Be it further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that every person or persons who shall harbour, entertain and provide for the maintenance of any lewd Woman or Women, or frequent her or their company [...], o [...] the company of any such lewd Woman or Women, after pub­lick admonition to avoid the same given by the Minister, or Churchwardens, or Vestry of the parish or parishes where such person or persons dwell; and in case there be no Ministers by the Churchwardens of the same Vestry aforesaid, shall for every time it shall be proved that he she or they shall cohabit together, or fre­quent the company of each other after such admonition given as aforesaid under­go [Page 83] such pains and penaltys as [...] by this Act provided for such who are legally convicted of fornication or Adultry, and whereas those horrid and detestable sins of prophane sweating and cursing are notwithstanding several good Laws hereto­fore made grown so ripe, that is to be found, they provoke the Divine Vengeance to inflict many and terrible punishments upon us, to prevent such wickedness for the future,

Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that if any person or persons whatsoever within this Province after the publication of this Act prophanely swear or curse in the presence or hearing of any one Justice of the Peace or other head Officer of any Town, City or Burrough within this Province, or that shall be thereof convicted by the Oath of one witness before any one Just­ice or other head Officer, or by confession of the party offending shall forfeit and pay for such offence the sum of five shillings Sterling to our Sovereign Lord the King for the use of the poor of the County where the offence shall be committed, to be leavied upon such offender or offenders immediatly by Command or Warrant from such Justice of the Peace or head Officer of any Town, City or Burrough be­fore whom such offeder or offenders shall be convicted, to the Constable or other person whom such Justice or he [...]d Officer shall command or appoint, by distress or sale of his her or their Goods or Chattels, rendring to them the overplus, and in case any person should refuse to obey to execute the Command or Warrant of any Justice of the Peace or head Officer as aforesaid, in this case such person or persons shall forfeit and pay the Sum of five Shillings to be leavied as aforesaid, to the use aforesaid. And

Be it further Enacted by the Authority aforesaid, that for every time any per­son or persons shall prophanely swear or [...] Court House during the sit­ting of any Court within this Province and [...] convict aforesaid, he she or they so offending shall imediatly forfeit [...] sum of ten shillings as afore­said to the uses aforesaid, or set in the Stocks [...] he space of one hour, by order or command of any such Justice of the Peace or head Officer as aforesaid.

Provided allways, and it is hereby Enacted, that no [...] prosecuted or troubled for any such prophane swearing and cursing, unless [...] or [...] within ten days next after the offence committed.

And [...] it Enacted by the Authority aforesaid, by [...] with the [...] and [...] aforesaid, that every Justice of the Peace or head Officer aforesaid, [...] receive all such forfeitures as aforesaid, [...] as aforesaid and render a just account thereof to the Justices of each respective Coun­ty yearly, at the time of [...] the County Leavy to be by them disposed of to the [...] aforesaid

An Act for recovering [...] due from the publick Officers, and transfer­ring several debts [...] therein.

An Act for payment of fees due from Criminal Persons.

WHEREAS divers complaints have been made by several Countys of this Province, occasioned for that they have been forced to pay the fees of imprisonment, Criminals the persons by whom such fees ought heretofore to have been paid, or hereafter to be paid being released and going free, to the great incouragement of offenders, for prevention whereof for the future

BE IT ENACTED by the Kings most Excellent Majesty by & with the Advice and Consent of this present General Assembly and the Authoity of the same, that from hence forward no Person Sherrif, Goaler, Clerk or Cryer shall charge either their own County to which they belong or the publick with any fees for any Criminal committed to the charge of the said Sherrif or Goaler, have­ing sufficient Estate in this Province wherewith to pay the same, or being capable to pay the same by servitude, but that such Criminals being discharged by order and due course of Law, shall pay their own fees to Sherrif, Goaler, Clerk, [...] [Page 84] according to Act of Assembly, either out of his Estate or by Servitude or other­wise, provided always that this Act shall not extend to malefactors that are exe­cuted, or to such other persons who are banish'd having no Estate in this Province, or [...]ervants Criminals, for whom the Country shall pay the fees due to the Sherrif Goaler, Clerk, Cryer and other Officers of such Court where such Criminal shall be convicted.

And Be it further Enacted by the Authority aforesaid, that all Officers fees due from Criminal Servants shall be paid by the County where the fact shall be com­mitted and that all and every such Criminal Servant for whom the County shall pay the fees due to such Officers as aforesaid, shall after the end and expiration of his time of servitude to his Master satisfye unto the Commissioners of the County who pa [...] such his fees for him to the Sherrif and other Officers as aforesaid, for the use of such County such sums as they have paid as aforesaid, and the several Commissioners of the several Countys shall and are hereby impower'd to make in­quisition after all such Servants Criminals for whom the County hath defray'd the said fees to the Sherrif and other Officers as aforesaid, [...] they the said Commis­sioners according to their best discretion shall order for the said Servants to make such reasonable satisfaction to the County as they shall think fit, & in such man­ner as they shall and convenient, And for the better security of the County which shall pay such fees for such Criminal Servants as aforesaid,

Be it Enacted, that the Master, Mistress or Dame of all such Servants be & are hereby injoyn'd [...] requir'd at the expiration of the time of such Servants servitude to such Master, Mistress or Dame to render up and deliver to the Justice or Justices of the County for the use of the County aforesaid such Servants Criminal as afore­said, under the penaltys to such Master, Mistress or Dame refusing or neglecting to deliver up such Servant as aforesaid of making satisfaction and paying to the County all such fees as by the [...] aforesaid have been paid for such Criminals as aforesaid, and such Justice [...] to whom such Criminal-Servant shall be delivered as aforesaid, are [...] to serve such Servants Criminals as a­foresaid in such manner and way as to the said Justice or Justices shall [...] mee [...] or convenient [...] be [...]and appear at the then next County Court to be [...] for the said County to be disposed on as the Court shall consider.

An Act for preventing vexations and unnecessary [...] of debts and pleading discount in Bar.

WHEREAS divers and sundry persons [...] this [...] debts by accounts with Merchants and [...], for which they stand and remain only debtor upon their Book of Account [...] they [...] honest and well dispos'd to pay the same upon demand [...] and acquired of the said debtor, by the creditor or other persons lawfully [...] receive the same, without which it [...]s impossible for the said debtor [...] to whom to pay the said debt, yet several of the said creditor [...] and ava [...]iti­o [...] humours [...] daily, [...] their Suits at [...] such their debtors, without any demand of such their debts of their said debtors, whereby the said debt is much increased, and the said debtor thereby [...] burthened and impo­verished by means of such their vexatious and unjust Suits in Law.

BE IT THEREFORE ENACTED by the Kings most Excel­lent Majesty by and with the Advice and Consent of this present General Assem­bly and the Authority of the same, that from and after the publication of this Act no person whatsoever his Executors or Administrators living or trading into this Province, shall for any debt due or owing to him by account, book or otherwise, and for which the debtor hath not passed his hand and seal [...] to such his creditor, sue or implead at Law such debtor for any such debt contracted as aforesaid, and not under hand and seal of such debtor as aforesaid, unless he shall first demand & require the same of the said debtor in the County where he shall inhabit, to prove which demand the creditor or demandants own oath shall be sufficient, but if [...] debtor be not at home to bespoke with, then such demanandt shall leave a noat under the hand of such creditor or demandant, or those he shall impower to receive the same, what time and to whom the same shall be paid, and if thereupon the same be not accordingly paid, then it shall and may be lawful for such creditor to sue [Page 85] and im [...]dead such his debtor for the said debt, and recover against him all such co [...] and damages as upon legal [...]ryal in any Court in this Province shall be ad­judged against him, and in case any person or persons shall sue and implead any [...] his debtor as aforesaid contrary to this Act he shall loose all his costs of such suit, and be lyable to satisfie such his debtor all such damages as shall accrew to the [...] debtor by such his vexatious and [...] suit at Law.

Provided always, that this Act, not any thing herein contained shall be constru­ed to intend to the benefit of any person debtor as aforeresaid, either run away out of this Province, or willfully absconding himself within the same from his said creditor, but that he may be proceeded against as before this Law made, any thing [...] Act to the contrary notwithstanding.

And Be it further Enacted by the Authority aforesaid, by and with the Advice [...] Consent aforesaid, that an account [...]worn to by the Plaintif, or a Bill proved [...] before any Justice of the Provincial Court, or any two Justices of the County Courts of [...], [...]rovince shall be sufficient evidence to prove the debts in the Provincial or any county Courts within this Province Provided allways that the party who shall swear or give evidence as aforesaid to prove any debt as afore­said, shall [...] the time declare upon his oath whether he knows of any payment or discount of any part or parcel of the account or debt so to be proved, which shall be certifyed [...]der, the hand or hands of such one Justice of the Provincial Court, or two [...] of the County Court before whom tho account or debt shall be proved with certificate made and signed as aforesaid, shall be taken and received as sufficient proof of any such debt or account as aforesaid.

And Be it further Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, [...] if any [...] upon tryal can prove either by such certificate as aforesaid or other sufficient proof that there is any sum of tobacco or money paid to the plaintif, or his order in part of the debt sued for, the Court before whom such tryal is [...] may cause the same to be discounted in Court and give Judgment thereupon against the defendant for so much only as shall be remain­ing to the plaintif with cost of Suit, provided the [...] exceeds two hundred pounds of tobacco or sixteen shillings and eight pence in the County Courts, and fifteen hundred pounds of tobacco or six pounds five shillings sterling in the Pro­vincial Court, otherwise the plaintif shall be nonsuited as by other Laws are pro­vided

An Act for [...] of such persons as will undertake [...] Watermills.

DAILY Experience sheweth tha [...] the want of Water-mills is [...] cause that Husbandry in tilling the [...]round and for sowing of Wheat and Ba [...]ly is but coldly prosecuted, tho' the advantage thereby in raising the stock of neat cattle be great; And forasmuch as for the most part the places fit for setting up of Water-mills are already in the hands of persons under age, o [...] unable to be at the charge of building a Water-mill, or el [...]e such as are willfully obstinate in forbid­ing and hindring such persons as would purchase the said places fit for building Water-mills and set, them up, in the increase of ou [...] trade and navigation, much to the publick damage of the Province.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that if any person or persons from and after the publication hereof, that shall desire to set up a Water mill upon any Land next adjoyning to any Run of water within this Province, not being the proper possession or freeholds of such per­son or persons, nor leased to them to the intent thereon to set a Water mill, they shall purchase a Writt out of his Majestys Court of Chancery directed to the Sher­rif of the County where such Land li [...]th, requiring him by the oaths of twelve Men of his County to inquire what damage it would be to his Majesty or others to have a Mill set up in such a place as aforesaid, the form of which Writt fol­loweth. viz.

Will [...]iam by the Grace of God of England Scotland France and Ireland King De­fender of the Faith &c. To the Sherrif—County greeting, We command you that by the Oath of twelve honest and lawful Men of the County by whom [Page 86] the truth of the matter may be better known, diligently to inquire if it be to the damage of us or others if we grant—of—County twenty Acres of Land ly­ing at N.—in the County aforesaid, viz. ten Acres of the one side such Run, and ten Acres on the other side such run of water, together with liberty to take, fall, cut down and carry away either by land or water any wood or timber fit for build­ing a Mill, other then timber fit to split into Clap [...]oards upon any of the Lands next adjoyning to the said twenty Acres of Land lying on each side of the said run of water at N: N. aforesaid in the County aforesaid, and if it be to the damage & prejudice of us or others, then to what damage and prejudice of us, and to what damage and prejudice of others, and of whom and in what manner, and how and of what value they are by the year, according to the true value thereof now before any further improvement made of the said twenty Acres of Land, and who are the present [...] of the said twenty Acres of Land, and what Lands and T [...]e­ments remain to the present possessors over the said twenty Acres, and if the land remaining to the present possessors over the said twenty Acres will suffice to uphold their manner, viz. the sixth part of their manner allotted by the conditions of [...] for the Demesne as afore the Alienation so as the County by the Alie­nation aforesaid, in default of the present possession more than was wont be not charged and grieved, and the inquisition thereupon openly and distinctly made to us in our Chancery, under the Seal and Seals of them by whom it was made, with out delay [...]end &c.

Upon return of which Writt in case the person or persons whereby the said in­quest shall be found to be true owners and possessors of the said land fit to build a Mill upon, shall refuse to build a Mill thereon, & give security to his said Majesty by [...]ond of fifty thousand pounds of tobacco, with condition to build a Mill there­on within one year from that day to be computed and reckoned, and the same building to prosecute & finish within two years after the said beginning or laying the foundation as aforesaid for the publick good of the Province, it shall and may be lawful for his said Majesty his Heirs or Successors, or for their chief Governour here for the time being from time to time to grant any such twenty Acres of Land [...] a Water mill upon as aforesaid, together with free egress and regress to the said Water mill, either by land through any Mans land next adjoyning or el [...]e by water, together with liberty to fall any timber for building the said water mill, other then boat [...] fit [...]p split or cleave into clap boards for any time or [...] no [...] [...] eighty years then next to come, under the yearly rent of the [...] then [...] the oath of twelve [...] by vertue of the [...] returned to be paid to [...] owner of the said [...] so found and [...] as aforesaid, which said grant from his said Majesty his Heirs and [...] or [...] the chief Gover­nour [...] for the time being as aforesaid shall be [...] in Law to the [...] as aforesaid for any term of years, not [...] eighty years as aforesaid against all persons [...] any Law, custom or usuage heretofore had, made [...] used within this Province to the contrary notwithstanding.

Provided always that before any person or persons whatsoever shall have such gran [...] to build a Water-mill as aforesaid, they shall [...] with his said Majesty with two sufficient Surety [...] [...] the [...] of fifty thousand pounds of tobacco with condition to begin to build the said Water-mill within one year then next to come, and the building to prosecute & finish within two years after such begining, and for the great advantage that is already found to the Province in general by the Mills already built, some of which do stand upon lands whereof the title is doubt­ful for want of due form of the Conveyance, or the [...] wills and testaments by which the lands have been conveyed or devised to the builders of such Mills.

Be it therefore Enacted by the Authority aforesaid, that all and every such person or persons as aforesaid who have built Mills shall or may have such Writt or Writts as aforesaid, to inquiry of the true yearly value of the land where such Mill doth stand, and [...] Acres of land on each side of the said run as aforesaid, and upon return of such Writt as aforesaid, shall have a grant from his Majestys chief Governour here as aforesaid for any term nor exceeding eighty years, and yearly rent return as aforesaid to be paid to the right owner of the said land as a­foresaid, any Law or usuage to the contrary hereof notwithstanding.

And Be it further Enacted by the Authority aforesaid, that from and after the publication hereof no person or persons whatsoever, having or that shall hereafter [Page 87] have obtained any grant for any lands whereof such person or persons are not the real owners or possessors thereof, and whereupon he she or they have already built or shall hereafter build a Water mill as this Law hath before directed, shall have any right, title o [...] claim to any land granted to them for any time or term whatso­ever after such Mill by him or them already built as aforesaid, or that shall hereaf­ter be built, shall be casually broke or gone to decay as aforesaid other then two years for the new erecting, building, finishing and repairing of such Mill as afore­said, but that in all & every cause where any person or persons that have already built or that shall hereafter build any Water-mill which are or that shall hereafter be broke or gone to decay as aforesaid, and shall no [...] within two years after the publication hereof, or within two years after such Mill shall become broke or gone to decay as aforesaid, cause the same to be new built, repaired or finished as a­foresaid, it shall and may be lawful for the real owner or owners of such land to such person or persons [...] granted as aforesaid to r [...]enter upon the same, and in case such person or persons shall deny or [...] to give the owner & owners of such land as aforesaid peaceable and quiet possession thereof, such owner or own­ers shall and may recover his right to the same, [...] or otherwise as the Law doth direct, any thing in this Act contained to the contrary notwithstand­ing. And for prevention of the abuse frequently committed by persons keeping Water-mills by taking excessive tole.

Be it therefore Enacted by the Authority aforesaid, by and with the Advice and Consent aforesaid, that from and after the publication hereof as aforesaid, no Master, Owner, Miller or other Person properly belonging to otherwise owning any Mill within this Province, shall ask, demand or receive for grinding any quan­tity or quantitys of Indian corn or Wheat whatsoever above the sixth part of ev'ry bushel of Indian corn, and eighth part of every bushel of Wheat by him or them so ground as aforesaid, upon penalty & forfeiture of one thousand pounds of tobacco to the use of his Majesty his Heirs and Successors for the support of Government, to be recovered in the respective County Courts by Action of Debt Bill Plaint or Information, wherein no Essoy Protection or wager of Law shall be allowed, any other Act usuage or custom to the [...] notwithstanding.

Provided always that if any person upon incouragement of former Acts hereby repealed have begun to build any Mill they shall still have all those advantages that they might have had by such Act hereby repealed, [...] the former Act or Acts were still in force.

An Act for the shetter administration of Justice in Probat of Wills and granting [...], recovering of Legacys, and securing Filial Portions.

WHEREAS for the d [...]e administration of Justice it is most necessary that there be a settled Succession from the dead to the living, and that the Wills of all Persons may be du [...]y proved, and Letters of Administration of the Estates of all persons dying without Wills may be granted to such persons who have the [...] to succeed thereto, that there may to that case be no failure of Justice, [...] it may be duly administred within this Province, and all [...]e­gacys speedily [...], and Filial Portions and Orphan, Estates duly secured & easily [...], according to the true intent of the Laws heretofore made, (now in force) or hereafter to be made.

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that the Judge or Commissary General for probat of Wills and granting Administrations shall hold his Court once in two Months at the least, or oftner as the case shall require, regard being had to the distance of the inhabitants of the Suitors in the said Court, and the dispatch of persons not inhabiting in this Pro­vince who have frequent occasion to seek Justice in the Court for probat of Wills & granting Administration before the Judge thereof, and forasmuch as certainty is the Mother of Repose, and that our dependance upon England obliges us to make all our Laws as near as may be consonant to the Laws of England.

Be it further Enacted by the Authority aforesaid, that the Judge for probat of Wills and granting Administrations within this Province in all cases relating to probat of Wills and granting Administrations shall proceed according to the [...] [Page 88] of England now in force or to be hereafter in force within twelve Months after [...] Law shall be published in the Kingdom of England if pleaded before him, [...] such cases as by this present Act is provided, and that it shall and may [...] for the judge for probat of Wills to prove any last will within this Province altho' the same concern title to land, any law usuage or custom of England to the contrary notwithstanding.

And to the end that all Filial Portions may be secured to the Children of all persons dying intestate, and legacys paid to legatees of persons who [...] wills, Be it likewise Enacted, first that the Judge for probat of wills and granting admi­nistrations shall call all Executors and Administrators to account for the Estate of all persons deceased within twelve Months next after administration committed, and if any Administrator shall fail to give an account within the time aforesaid be­ing lawfully thereunto cited, that then the said Judge shall revoke the first letters of administration to such Administrators committed, and shall grant administrati­on de [...] Administrat' to some other person as in his discretion he shall think fit, which said Administrator duly appointed shall give security as all other Administrators, do, and shall sue and implead the former Administrator before the Judge aforesaid for an account of the Estate of the [...], and [...] it shall appear to the Judge aforesaid, that the former Administrator hath wasted and im­be [...]ded the Estate of the Interstate, then the Judge shall assign the Bond entred into by the former Administrator and his Surety unto the latter Administrator to be re­lieved against them for such wasting or imbezling.

secondly, That the Judge upon account given by the first Administrator as afore­said shall make division of the clear Estate of the d [...]ceas'd after debts paid and fu­neral expences defrayed, that is to say, shall allow to the Widdow or Reli [...] of the [...] intestate (if any such be) one full [...] part thereof, and the [...] two thirds be equally divided among the children of the said deceas'd (if any such be) and if no such be, then between the next of blood of the said Intestate, and after such division [...] shall transmit the account thereof to the several and respectiv [...] Justices of the County Courts where the said Estate shall be and remain, who are [...] this Act appointed, authorized and injoyned to put the persons Lands, Goods and Chattels of the Orphans into the hands of such persons as they shall think fit, taking Bond with two sufficient suretys in the names of the Orphans themselves, for the securing, and [...] of the said Estate to the said Orphans [...] their Guardians [...] lawfully called, according to the rules and directions hereafter by this [...], established & ordained and not otherwise, which rules shall be rules not only for the Justices of the County Courts to proceed by [...] taking the accounts of Guardians or Trustees for Orphans, but also for the Judge for [...] of [...] granting Administrations in [...] of Admin [...] ­strators and have Executors to the benefit of others, no [...] [...] Judge give any other allowances to any Administrator or Administrators upon his [...] their account [...] for debt bona [...]ide owing from the deceas'd, and realy [...] to be paid by the several and respective Administrators.

1. No Negro or other slave shall be sold or disposed of [...] Administrator for payment of debts, or otherwise reserved for the Administrators own use, in sa­tisfaction for any debts due to the said Administrator, nor [...] Execution served upon any Negro's or other Slaves so long as there shall be other Goods of the de­ceased sufficient to satisfie the just debts of the deceas'd, b [...]t shall be kept upon the bazard of the Estate and imployed for the benefit of the Creditors and Orphans if any be during the first year, at the end of which the Admi [...]strator is to account for the Estate and the profits of such slaves shall be Asse [...]ts to the Creditors and di­vidable between the Wife and Children or Relations of the said deceased of [...] Creditors the Judge for probat of Wills upon passing the account by such Administrator shall allow him his reasonable charges.

2. That no Account be allowed for Dy [...]t, Cloaths, Phyzick or Education to a­ny Administrator or Guardian to any Orphan against the Estate of the Intestate, or against the filial part of any Child [...] to any Guardian [...] other persons intrusted by the County Court, but that the said Orphan shall be maintained and educated by the interest of their Estate and the increase of their Stocks, so far forth as their said intrest and increase will extend; But if the Estate be so small that it will not extend to a free education of such Orphans, shall be bound Apprentices to [Page 89] some handy craft Trade or other person at the discretion of the County Courts, un­til they arrive to the age of twenty one years, except some Kinsman or Relation or some other charitable persons will maintain them for the increase of the small Estate they have without any diminution of the principle, which shall always be delivered to the Orphans at the years hereafter in this Act limitted & appointed, then such Kinsman, Relation, or other charitable person is thereby obliged to per­ferme the same, as is by this Law before injoyned, and to be ascertained by the County Courts.

Provided always that no Orphan shall be put into the hands of any person of different judgment in Religion to that of the deceased parents of the said Orphans.

3. That all Cattle Horses and Sheep shall be returned in kind by the Guardians or other persons intrusted with Orphans Estates, (that is to say) so many cattle, horses & sheep were of at the time they were delivered to the Guardians or Trus­tees of the Orphans.

4. That all Money, Plate Rings and Jewels be preserved and not used by the Guardeans or Trustees and delivered in kind to the Orphans when they come to age, and that all household stuff and lumber be appraised in money and not other­wise, and the value thereof paid to the Orphans as aforesaid, either in money sterling according to the apprisement or in tobacco at the then price currant, and in case any difference shall arise what shall be the price currant at the day of pay­ment in the Bond taken limitted, the Judges of the County Court where the Or­phans Estate doth lie shall then [...] what shall be the price currant.

5. That every Male Orphan shall be of full age to receive his Estate from his Guardian at the age of twenty one years and not before, but in case any person by his last Will & Testament doth appoint any person to be his executor or executrix that is full seaventeen years of age, that person so appointed shall be adjudged to be of sufficient age to be Administrator Executor or Executrix, and if such Execu­tor or Executrix be under the age of seaventeen years, the administration shall then be committed to such other persons as the [...] for probat of Wills & grant▪ Administrations shall approve of du [...]ante [...], and so to the profit, use and behoof of the Infant Executor or Executrix and not otherwise nor in any other manner. And forasmuch as the right to administration of the Goods of persons intestate may fall upon persons under the age of seaventeen years, it is hereby de­clared that as they are within like reason so they are within like law with Infant Execu [...].

6. That every Female Orphan shall be accounted of full age to receive her E­state at the age of sixteen years or day of marriage which shall [...] happen.

That all Negro's and other Slaves after the transmitting the Estate to the County Court as aforesaid, shall be praised to the Guardian or Trustees and be preserv'd by them, & be imploy'd to the said Guardians or Trustees use and bene­fit, and the like number of Slaves, and of the like ability of body be returned to the said Orphans out of their increase if any be, at their full age by this Law limit­ted, and if any of the said Slaves be grown aged or otherwise impotent, or be [...], and that th [...] increase, will not make the original Stock good, as to the num­ber and ability of body, that then they shall be again appraised by the said County Courts, and the Guardians or Trustees shall pay to the Orphans so much money or tobacco as the County Court shall adjudge the Orphans Stocks of Negro's then to be of less value then they were at the time of their first appraisment and deli­very of their said Slaves to the said Guardian or Trustees, but in case no guardian or other person will upon these terms accept [...] those slaves, then it shall and may be lawful for the said several and respective County Courts to put the said slaves out upon other terms to any other person so that the said original stock of slaves be not sold no [...] any of their increase, but in the best manner preserved for the Or­phans till they come to their several ages by this Act limitted and appointed to the intent they may have their first stock made good to them in number value & ability of body if it may be:

8. That all Servants for years be likewise returned in kind to the Orphans at their full age, that is to say, the same number at the same age and sex and by like number of years to serve, and of the same ability of body as near as can be guest as the Servant were when receiv'd by the guardian or trustee.

9. Whereas every Administrator in Inventary inserteth what debts are sperate and what debts are desperate, the Judge for probat of Wills shall transmit those [Page 90] desperate debts with the division of the overplus of the estate unto the several and respective [...] of the County Courts where the Estate shall ly, to the end the said [...] may inquire whether he said Administrator hath by fraud or other­wise neglected to reco [...]er the same, or hath received and never accounted for the same, and [...] all with the residue of the said Estate commit the said desperate debts to the care of the guardians or other trustees by them imployed and shall yearly [...] every year call the said Guardians to account for the same, and duly [...] what of the said debts they have received or might have receiv'd, and if the said guardian or [...] fail to give in his account yearly, or by fraud or co­vin neglect or forbear to recover the same, the said guardian or trustee shall stand and be accountable for every such debt by them receiv'd & not accounted or negle­cted [...]r [...] to be recovered. [...]. That the Justices of the County Courts take able & sufficient Security for Orphans Estates, and inquire yearly of the security, and if there be just cause that they require new and better security, & [...] upon refusal to give new & better security to remove the Orphans Estates into their hands. And further,

That the [...] of the County Courts shall yearly in June Court inquire by a Jury of good and lawful Men to be sumoned out of the several Hundreds of the County not under the number of twelve, who upon their oaths shall inquire the form of which oath is hereby exprest, viz. Whether the Orphans be kept, main­tain'd & educated according to their estates, & whether apprentices yearly are taught their [...]rade or rigorously used and turned to common labour at the Ax and [...] instead of learning their Trades, and if they find that Orphans are not maintain'd and educated according to their Estates, or Apprentices neglected to be taught their Trades upon pretence that the last year is enough to learn their trade, that they remove them to other guardians & masters respectively, and in case the Jury find that any Apprentice is not taught his trade but put to other labour as afore­said, the County Court shall condemn the Master of such Apprentice to make the Apprentice such satisfaction as in justice his years of labour at other work shall de­serve, and five hundred pounds of tobacco to be paid to the said Orphan.

11. That the Justices of the County Courts cause the conditions of the Bond [...] they take of guardians or trustees of Orphans estates be exactly drawn to the Act, and Recorded in the County Court and the Indentures for Apprentices likewise, that it may duly appear to the Judges whether Guardians [...] and Masters do right and justice to Apprentices, and to the Country, that the Justices [...] right between them, and to that [...]nd that they cause the Clark of then Court to present the Jury with a [...] of the Orphans and Apprentices of their County [...] June Court

12. That no more be allowed to Guardians or Trustees for collecting debts due to Orphans than ten per cent' the usual allowanced to Administrators and Factors by the Merchants.

13. And further, in regard by the Judges or Commissary General for proving of Wills and granting Administrations Commission their is a saving to all persons of their right of appeal from the sentence of the said Judge to the chief Governor of this Province for the time being.

Be it Enacted, that all and every person & persons appealing from the sentence of the said Judge, shall within fifteen days at the furthest after such sentence given enter his appear before the said Governour, and within fifteen days more petition the Governour of this Province for the time being to examin the sentence of the said Judge, or appoint such other person or persons as [...]e shall think fit to hear and [...] the same, whose sentence shall be final, without other appeal, repeal or review▪ And for that divers Bonds have been taken by the several and respective County Courts of this Province in the name of the worshipful Commissioners of the County Court or in some such other terms amounting thereunto, and for the [...] of the several and respective Orphans in the several and respective Countys of this Province with condition to pay to the said Commissioners or Justices of the [...] the respective sums of tobacco or money in the respective conditions con­tained [...] pursuance of this Act, when in truth the said Comissioners of the County Court are no [...] politick no [...] capable of suing the said Bonds to and so the use of any Orphan within this Province.

Be it Enacted by the Authority aforesaid, that all Bonds so as before taken, to and for the use of any Orphans in this Province in pursuance of this Act, shall be [Page 91] sued and recovered in the names of the Orphans to whose use such Bonds wet taken, either in the County or Provincial Court at the election and choice of [...] said Orphans, any Statute or usuage to the contrary hereof in any wise notwith­standing. And for the case and benefit of the good people that hereafter shall have occasion to resort to the said Judge in testamentary causes for the probat of Wills and granting Administrations,

Be it Enacted by the Authority aforesaid, that the Commissary General of this Province, Chancellor or other Person that shall from time to time be appointed as Judge in testamentary causes for granting administrations, shall from time to time and at all times during his continuance in such office, constitute ordain and ap­point some able and sufficient person of good repute and a freeholder in every re­spective County within this Province to take the probat of any last will or testa­ment of any person or persons either noncupative or in writing, even tho the same be concerning titles of Land, and likewise the granting of any administration of persons dying intestate in the respective Countys where each person or persons so appointed shall reside and inhabit, which said person in each respective County of this Province so appointed as aforesaid, shall and may take the proof of any will whatsoever as aforesaid, of any person as aforesaid within the County as aforesaid and grant Letters testamentary upon the same, and likewise grant any administra­tions to any person or persons whatsoever that right has to the administration of any person deceas'd within the County where he dwelleth as aforesaid: But if a­ny contest or dispute shall arise between any persons concerning the right to Ad­ministrations or Executorship, th [...] same shall be divided by the Chancellor, Com­missary General or Judge in testamentary causes, and not by such person appoint­ed in each County as aforesaid, neither shall such person grant administration or take the probat of such will till such time as such dispute and difference shall be de­cided and determined by the proper Judge thereof and certificate from such Judge of the same, and such person so appointed as aforesaid, shall and is hereby allowed as a see for granting such Letters of Administration as aforesaid, swearing the Ad­ministrators and Appraisors as for the probat of any will, and swearing the Execu­tor or Executrix and Letters testamentary the [...] one hundred and [...] pounds o [...] tobacco, to be paid by such person or persons requiting administration or letters [...] as aforesaid, unless the Estate be so small as the Invent [...]ry of such [...] not amount to two thousand pounds of tobacco as aforesaid [...] shall be paid to such person so appointed for such Letters of Administration or [...] Testamentary as aforesaid the firm of fifty pounds of tobacco and no [...] then in every such case the Commissary General shall have no fees.

Be it Enacted by the Authority aforesaid, that all Guardians of Orphans that shall have any real [...] lands with the Orphan or Orphans to whom the same belongs committed [...] them, [...] then such whom the Testator in his life time by his last Will and Testament hath otherwise ordered and disposed of, within one month after the taking upon him or her the guardianship of such Orphan or Orphans shall with one Commissioner of the said County where the land [...] & two other persons of good repute and well skill'd in building & Plantation affairs [...] of them being of kin, indebted or otherwise interested in either Orphan or Guardian enter into the said Land and Plantation to such orphan or orphans be­longing, and view the dwelling houses and out houses, lands, orchards and fences that are upon the said Plantation, and then and there the said two persons so qua­lified as aforesaid, shall take their corporal oaths upon Holy Evangelists by the said Commissioner to be administred, that according to the best of their skill and judgment they will make a just estimate of the annual value of the said lands and plantation, and what dwelling houses, out houses and orchards are upon the same, and what repair they are in, and in what part of the said land they judge the said Guardian may be further permitted to clear upon the said Plantation, as well to raise the yearly rent so valued as aforesaid, at also towards his yearly charge in keeping the said dwelling houses, out houses, orchards and fences in repair and so by him to be l [...]st, always having a regard to leave a proportion [...]able part both for quality and quantity of the uncleared Land, for the benefit and advantage of the Orphan [...] or Heir when at age to possess the said Land or Plantation, as also the Orphans maintenance out of the same, where the profits of personal estates be not sufficient to maintain him or them, and the same [...]o certify under their hands and [Page 92] seals arrested by the Commissioner so administring the oath as aforesaid, in the County Court next ensuing after such view so had and made as aforesaid, & there to remain upon Record [...] the said Orphan or Heir come to age, which certifi­cate so entred and remaining upon Record as aforesaid shall be sufficient Evidence in Law for the said Orphan or Orphans to recover double damages in an Action of [...] by them to be brought when at age for any wast, sale or destruction com­mitted or [...] in any of the premisses, other then what the persons have certify'd and thought necessary, with due respect had to all circumstances and matters aforesaid.

And Be it further Enacted by the Authority aforesaid, that the Commissioners of each County Court within this Province by vertue of this Act shall have full power from time to time, and at all times hereafter upon presentment of the Or­phan Jury, or other information given to them of any such sale, wast or destructi­on made, done or committed upon any Orphans real Estate by any such Guardi­an, by legal Warrant to cause the said Guardian to appear before them in the County Court, & [...] upon examination thereof the said information be sufficiently provid, that the said Guardian to answer the damages of such wast by him com­mitted contrary to the [...]aw, when Orphans come to age that then the said Com­missioners do require the said Guardian to give sufficient Security to make satisfac­tion to the said Orphan or Orphans when at age as aforesaid, and upon refusal thereof, as the sa [...] Orphan or Orphans if at age, to choose his her or their Guardi­ans shall elect, and if not, then such other as the Commissioners shall think meet being willing to take the same, who shall injoy the said Land or Plantation, com­mitting no wast and performing all such matters and things at his entry thereupon as is by this Act required until the said Orphan comes to age, and the said person so chosen, or by the Justices put in possession as aforesaid, shall in the name and to the use of such Orphan bring his Action of Wast against the former Guardian for the damages by him committed, and the Comissioners of each respective County are hereby oblig'd to give the [...]ame in charge every June Court to the said Orphan Jury, under the penalty of five hundred pounds of tobacco each Justice, one half thereof to his Majesty towards the Support of Government, and the other half to him or them that shall Sue for the same, to be recovered in the Provincial Court by Bill [...] or Information, wherein no Essoyn Protection or wager of Law to be allow'd.

And Be it Enacted by the Authority aforeresaid, that the sev'ral and respective Deputy Commissary's which are and shall be in [...]ach several & respective Countys within this Province shall and are hereby sufficiently [...] and impower'd to pass audite and allow all such accounts as shall come before them relating to dead Mens Estate wherein they have granted Letters of administration or Letters testa­mentary not exceeding fifty pounds sterling, & to transmit the same to the Com­missary General, fo [...] which [...] such accounts the said deputy Commissary is [...] allowed as a see the sum of [...] pounds of tobacco and no more, and if such deputy Comissary as aforesaid shall exact, demand or receive of any person what­soever more [...] is by this Law for executing such his Office is allow'd him, [...]e shall be [...]ble to such pains & penal [...]ys as are included [...] a certain Act for limit­ting [...] within this Province, but in case it shall so hap [...]en that [...]ny person or persons having any inetrest or claim in such Estates shall make any ob­jections to the [...] or interest of any article or articles contain'd in the said a [...] [...] deputy Commissarys are forthwith to mark such articles and transmit the accounts with all papers thereunto belonging unto the Commissary General before [...] partys concern'd are to appear & defend their interest.

And Be it Enacted by the Authority aforesaid, that it shall be at the election of [...] its as aforesaid, to take and receive the same in full satis­faction of all claims and rights to both personal and real Estate, and be thereby [...] for ever from all claims to the same, or to refuse such Legacys and Devices as aforesaid, and take their third part of the personal and real Estate as Widdows whose Husbands die intestate in this Province. And whereas many Orphans have greatly suffered by the second marriage of such Widdows, who [...]aving their Estates [...] possession by will or Right of administration, either by the one or both of them the said Estates have been wasted and imbezled, and if the Woman die, the said Husband refuses to render an account of such Estate, alleadging that he [Page 93] is neither Executor no [...] Administrator of his Wife, no [...] of her former Husband, whereas at common Law a Woman Covert Executrix can do no act to prejudice her Husband, all such acts during the same be void without his [...], he not preventing such wast when in his power ought to answer for the same.

Be it therefore Enacted by the Authority aforesaid, &c. that every such per­mitting and suffering such wast by such second Husband during the cove [...]ture, such Husband shall account for the same, and be lyable to be sued for the said Estate due to such Orphan by such Orphan if at age, or if under age by his Guardian, as well as the Security, or together with his Wife if living, and if the Security be insolvent then by himself, and also for all wast committed by his Wife before marriage if sued during coverture; And whereas Orphans of persons dying intestate by the good provision of this Law in committing them to the care of the County Court to inspect the good condition of their Securitys and good usuage as aforesaid, are by experience found to be in better condition in respect of both than the Orphans of Testators, whose Executors hitherto rarely given any Security, and that the Security they have given many times proved insolvent.

Be it therefore Enacted by the Authority aforesaid, that the Judge for probat of Wills shall hereafter take good and sufficient Security of all Executors and Admi­nistrators to the use of any Orphan or Orphans in any Will mentioned (and not solely to their own use) for the true performance of such last will and testament according to the Law and Intent of the Testator, and the Justices of the several County Courts shall at the same time that they by the Jury inquire of the good usuage and good condition of the Security, or other Orphans shall also inquire of these, and if they find the Securitys like to be insolvent or the Orphans ill used, to transmit the same to the Judge for probat of wills for the time being to be relieved according to Law and the Testators intent. And for th [...] more speedy administra­tion of Justice to Orphans, Legatees and others in his Majestys Court for probat of wills and granting administrations which hath hitherto by the tedious methods used in Chancery before the Judges Sentence in the said Court can take effect, tho methods of England being at present not practicable here.

Be it therefore Enacted by the Authority aforesaid, that ev'ry person or persons that shall not after Sentence given in the said Court against him or them within fifteen days after such sentence enter his Appeal with the said Judge from such sen­tence, and within 15 days more procure an examination thereof by a Court of Delegates, not in the mean time comply with the Sentence of the said Judge, [...] being sent to them under the hand and seal of the said Judge, not give in Security to perform the same and oath made of the refusal thereof, it shall and may be law­ful for the said Judge to issue forth of the said Office under his hand and seal an at­tachment against the bodys of such persons so refusing, and him or them to impri­sonment until he or they satisfy and comply with the said sentence or give in good security to do the same, this Law not to [...] the said Judge to proceed again [...] persons [...] complying with sentences given before the making of this Act accord­ing to the former usuage and custom to compel them to the same; And whereas Orphans and Creditors are many times injured by the low appraisments & under­valuing of the Estates of the deceas'd, therefore

Be it Enacted by the Authority aforesaid, that when any Executor or Admini­strator doth appraise the Estate of the deceas'd he shall give notice of such his ap­praisment, and call together two of the next of kin to the said deceas'd and two of the Creditors of the said deceas'd if any then be, who shall be present at the said appraisment with the sworn appraisers, and shall certify to the Commissary or his deputy under their hands that they were present at the appraisment & do approve thereof, and if any Executor or Administrator return any Inventary without such certificate as aforesaid, the said Judge or his deputy in each respective County of this Province shall not accept or receive the same into his or their Office.

An Act for enrolling of Conveyance, and securing the Estate of Purchasers.

FOR the better establishing a way and method for conveying of Manno [...]s, Lands, Tenements and Heridatamets for the future, and for the avoiding a­buses and deceits by Mortgages

BE IT ENACTED by the Kings most Excellent Majesty by & with the [Page 94] Advice and Consent of this present General Assembly and the Authoity of the same, that from and after the publication hereof no Manners, Lands, Tenements or Heridataments whatsoever within this Province shall pass, alter or change from one to another whereby the Estate of Inheritance, or Freehold or any Estate for a­bove seaven years shall be made to take effect in any person or persons, or any use [...] except the Deed or Conveyance by which the same shall be intended to pass, alter or change the same be made by writing, indented and sealed, and the fame to be acknowledged in the Provincial Court or before two Justices thereof, [...] the County Court, or before two Justices of the same where such Mannors, Lands, Tenements or Heriditaments do he, and such Deed or Conveyance to be intailed in the Provincial or County Court where the same doth ly, such inroll­ment [...] made within twelve months after the date of such writing indented as aforesaid, and for the caption of such inrollment there shall be paid to the partys taking the same twelve pence sterling and no more, and the Clark shall well and sufficiently [...]roll such Deed or Conveyance in a good sufficient Book in Folio, to remain in the [...] of the Clark of the same Court for the time being amongst [...]he Records of the same Court, and that the same Clark shall on the back of ev'ry such Deed in a full legible hand make an indorsment of such inrollment, and also of the [...] of the Book [...] which the same shall be inrolled, and shall unto such [...] his hand.

Provided always,, and be it hereby Enacted by the Authority aforesaid, that when the grantor or grantors, bargainor or bargainors of such lands, tenements or hermitaments [...] remote from either the Provincial Court or County Court, where the land [...], it shall and may be lawful for such grantor or bargainor to acknowledge the same in the County where such bargainer liveth, and a certificate of such acknowledgment under the hand of the County Clark and under the Seal of the same County, [...] acknowledgment shall be taken, deem'd reputed & be as good and [...] as if the same had been acknowledged either in the Provincial or County [...] where such land [...] and be a sufficient Warrant for such County Clark where the land [...] to [...] the fame, and if any such grantor or bargainor of any such lands or tenements as aforesaid shall happen to be out of this Province and within any his Majesty's Dominions at the time of the ensealing such writing or writings indented, so as the same cannot be acknowledg'd in [...] and form [...] is before [...], within the time for that purpose [...] before limit­ted, that in ev'ry such [...] such lands or tenements as aforesaid shall be acknow­ledged by Letter of [...] well and sufficiently proved, either in the Provincial or County Court where such lands or tenements [...], or before [...] Justices of the Provincial or County Court as aforesaid for acknowledgment and [...] as a­foresaid, any thing herein before [...] notwithstand­ing.

And Be it further Enacted by the Authority aforesaid, that every such writing [...] to be acknowledged and [...] as aforesaid shall have relation as to the passing and conveying of the [...] and the Estate and Estates thereby passed or intended to be passed and conveyed by & [...] the day of the inrollment of the same and not from the day of the date thereof, and shall a [...] all [...] and taker [...] and beneficially for the benefit and [...] of the grantee or grantees, and more [...] for the barring of the granter [...] therein to be named, and according to such intents as the words thereof shall ap­pear to have been the true intent of the partys hereunto, altho' the [...] be not so, firmly drawn as is used in England, where the advice of Council learned in the law, may easily be had.

Provided always, that if any [...]me Cover [...] be named a party grantor in any, such writing [...]ndented, the same shall not be of force to deb [...]t her or her heirs, ex­cept upon nor acknowledgment of the same, and the person or persons taking such [...] acknowledgment shall examin her privately out of the hearing of her husband whether she [...]th make her acknowledgment of the same willingly and freely, and without being induced there [...] [...]reats of or used by her husband or fear of his displeasure, and the person or persons so examining her shall [...] or certificate of the said caption of the said acknowledgment certify her examina­tion and acknowledgment thereupon, and that such certificate be likewise [...] upon Record, in which case & by such [...]me Covert shall be [...] and not other­wise, any thing herein before contain'd to the contrary notwithstanding.

An Act relating to Servants and Slaves.

WHEREAS there have been several Acts provided against servants run­aways which have hereto proved [...], in regard they do not suffi­ciently provide incouragement for such person or persons inhabitants of this Pro­vince as shall [...] such runaways or servants by this Act deemed runaways, there­fore for the better discovery seizing and apprehending such runaways,

BE IT ENACTED by the Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly & the Authority of the same, that from & after the publication hereof no servant or servants whatsoever within this Province whether by Indenture or according to the custom of the coun­try or hired for wages, shall travel by land or water ten miles from the house of his her or their Master Mistress or Dame [...] under their hands, or [...] the hand of his or their Overseer if any be under the penalty of being taken lot a runaway, and to suffer such penaltys as are hereafter provided against runaways.

And it is hereby further Enacted by the Authority aforesaid, that any such ser­vant or servants as aforesaid unlawfully absenting him her or them from his her [...] their said Master, Mistress. Dame or Overseer shall serve ten days for every [...] days absence, to be judged when such Master, Mistress or Dame shall bring their said servant before the Justices of the Provincial or County Court where the owner ma [...]ter or dame or overseer of [...] servant shall live during the siding of the Court, be it before or after the expiration of such [...] first time of service by Indent­ure or otherwise.

And Be it further Enacted by the Authority aforesaid, that any person or per­sons whatsoever that shall wittingly and willingly d [...]ain any such servant or ser­vants unlawfully absenting him her or themselves as aforesaid, shall be fined 5 [...] pounds of tobacco for every night or four and twenty hours that such person or persons shall give entertainment to such servant or servants unlawfully absenting him her or themselves as aforesaid, the one half to his Majesty for the support [...] Government, and the other hal [...] to the informer or him or them that shall [...] same, to be recovered in any County Court of this Province by Action of [...], bill plaint or information, wherein no essoyn protection or wager of Law to [...] allow'd.

And for the better discovery of runaways, it is hereby Enacted by the Authori­ty aforesaid, that any person or persons whatsoever within this Province traveling out of the County where he she or they shall live or reside without a pass under the Seal of the said County, for which they are to pay ten pounds of tobacco or one shilling in money, such person or persons if apprended not being sufficiently known, or able to give a good account of themselves, to be left to the [...] & judgment of such Magistrate or Magistrates before whom such person or persons as aforesaid shall be brought to judge thereof, and if before such Magistrate [...] be deemed and taken as a runaway, and shall suffer such fines and penaltys as is hereby provided against runaways.

And for the [...]etter incouragement of all persons to seize and take up such runa­ways, it is Enacted by the Authority aforesaid, that all and every person or per­sons as aforesaid, seizing [...] taking up such runaways traveling without [...] [...] as a­foresaid, not being able to give a sufficient account of themselves as aforesaid shall have and receive two hundred pounds of tobacco to be paid by the owner of such runaway so apprehended and taken up if a Servant, and if a Freeman & refusing to pay the same, then to make satisfaction by servitude or otherwise as the Justices of the Provincial or County Courts where such person shall be so apprended and taken up shall think fit, and further, for the better discovery and incouragement of our Neighbour Indians to seize, apprehend or take up any runaway servants, and bring them before some Magistrat, shall for a reward have a matchcoat paid him or them or the value thereof which said reward to be repaid & satisfied by the county where such person shall be apprended, and such runaway to reimburse the said County by servitude or otherwise as the Justices of the Provincial or county court shall think fit.

And Be it further Enacted by the Authority aforesaid, that at what time [...] any of the said persons runaway shall be seized by any person or persons [...] this Province, such person or persons so apprehending or seizing the same sha [...] [Page 96] bring [...] to be brought before the next Magistrate or Justice [...] hereby impower'd to take into [...] or otherwise [...] or them to secure and dispose as he shall [...] person or persons so seized and apprehended shall give suffi­cient security [...] the premisses the next Court that shall first ensue in the [...] County, [...] is also to secure such person or persons till he or they can make [...] party that shall so apprehend or seize such runaway or other per­son as by this Act is required, except such person shall make satisfaction as afore­said before such Court call happen, & that notice may be conveniently given to the master, mistress, [...]ame or overseer of runaways taken up as aforesaid, the Just­i [...]s of the [...] or the Commissioners of County shall forthwith cause a noat of the runaways name so seized or apprehended as aforesaid, and also cause a noat to be set up at the [...] adjacent County Courts, and at the Provincial Court and Se­cretarys Office, that all persons may view the same, and see where such their Ser­vants are and in whose custody.

And furthermore, for the better ascertaining what each servant according to the custom of the Country shall have at the expiration of their servitude, Be it Enact­ed by the Authority Advice and Consent aforesaid, that every Man Servant shall at such time of expiration of his servitude aforesaid, have allowed and given him [...] as what, a good cloth suit either of [...]ersy or broad cloth, a shift of white [...], one pair of new french fall shoes and stockings, two hoes and one [...], and one [...] of twenty shillings price not above four foot by the barrel, nor less than three and a [...]; all Woman Servants at the expiration of their servitude as aforesaid shall have allowed and given her the like provision of cloaths and three [...] indian corn, and to the intent the many great mischiefs and incoveni­ency [...] & [...]rewing to divers good people of this Province by transporting or carrying [...] conveying away or causing to be transported carried or convey'd away out of this Province any inhabitant within this Province whether Master or Freeman not thereunto lawfully [...]icenced, or an Apprentice hired Servant or slave may for the future he prevented,

Be it further Enacted by the Authority aforesaid, that every person or persons that shall transport, carry or convey away or cause to be transported carried or convey'd away ou [...] of his Province any inhabitant of this Province that is or shall be indebted or engaged [...], & not having a sufficient licence or pass according to the Law of this Province in such case made and provided, shall be lyable to pay al [...] such debts, ingagements of damages as the said person or persons [...] transported, carried or convey'd away should be lyable to satisfy to any person to whom the same shall be respectively due in this Province, unless the same be otherwise sa­tisfied in some convenient time, or that [...] time be cause or procure such per­son or persons so carried and convey'd away to return again into this Province, whereby he may be lyable unto Justice here, and any person or persons whatsoe­ver that shall from henceforth intice, transport or privatly carry away out of this Province any apprentice, hired or other servant or slave belonging to any inhabi­tant in this Province shall for every such offence forfeit and pay to the imployer or owner o [...] such apprentice hired or other servant or slave trebble damages and cost, to be adjudged by the Justices of each respective County Court, or the Justices of the Provincial Court for the time of such apprentices hired or other servants or slaves unlawfully transported or carried away as aforesaid.

And whereas many great inconveniencys happened and accrewed unto many Masters, Mistresse [...] or Dames within this Province by the wickedness & infidelity of servants pu [...]loyning their said Master Mistress or Dames Goods, & then by bar­ [...]ring, [...]elling and conveying away the same unto Seamen and others whereby Masters and Mistresses of Familys are or have been very much damnified & abused for prevention whereof for the future Be it further Enacted by the Authority afore­said, that no person whatsoever shall trade, barter, commerce or any ways deal with any servant whether hired or indented, or slave belonging or appertaining to any inhabitants within this Province without leave or licence first had & obtain'd from such servants master, mistress, dame or overseer for his so doing under the pe­nalty of two thousand pounds of tobacco, the one half thereof to his Majesty for support of government, the other half to the master, mistress or true owner of such goods so purloyned, bartered or conveyed away, when proved by sufficient w [...]ness [Page 97] or [...] of the party, to be recovered in any Court of [...] of debt, bill plaint or information, wherein no essoyn protect, [...] to be allowed.

And Be it further Enacted by the Authority aforesaid, &c [...] traded or bartered as aforesaid shall exceed the sum of one thousand [...] to­bacco, that then the party or partys whose goods shall be imbezle [...] way as aforesaid, shall have his action at law for the damage sustain [...] person or persons so offending, dealing & bartering for the same, any [...] Act to the contrary hereof in any wi [...]e notwithstanding. And in case [...] or persons so offending shall not be able to satisfy the same, thou such person or persons shall be bound over by some one Justice of the Peace and put in security either to appear at the Provincial or County Court whereupon conviction by con­fession or sufficient witness the offender shall be punished by whipping an the [...] back with thirty s [...]pes.

And for tho ascertaining and limitting of servants fines of servitude, Be it En­acted by and with the Advice and Consent aforeresaid, that whosoever shall transport any servant into this Province without Indentures, such servant being a­bove the age of 22 years shall be obliged to serve the full space & term of 5 years, if betweenn 18 and 22 without Indentures 6 years, if between 15 and 18 without Indentures [...] years, if under 15 and without Indentures shall serve till he or the [...] arrive a [...] the full age of 22 years.

And Be it further Enacted by the Advice Consent and Authority aforesaid, that all Servants transported out of Virginia into this Province shall compleat their time of servitude here which they ought to have served in Virginia & no more.

And be it further enacted, that every master, mistress or dame, assignee or trus­tee whatsoever owning or keeping any such servant as aforesaid, whether by virtue of transportation purchase or otherwise, shall within six months after the receiving such servant into their custody within this Province, except he she or they claim but five years [...]ervice of such servants, bring the said servants into the respective County Courts where they do inhabit, and every of the said Courts are hereby authorized to judge and determin of the age of such servants so bought and cause the same to be entred upon Record, and every owner as aforesaid, neglecting or refusing to bring such servant or servants before the Court as aforesaid, shall not only stand to the determication of the Court, but also forfeit the sum of one thou­sand pounds of tobacco to the King for the support of government for depriving the Court of their opportunity of viewing the partys, & if any Master or Servant aforesaid be grieved with the determination of the Court, he shall within the time determined for their service produce a certificate authentick of such servants age, & shall have remedy to the ages aforesaid mentioned.

And forasmuch as disputes have formerly arose at what time servants time of servitude whether by Indenture or otherwise should commence, for the better ex­planation whereof for the future, Be it enacted by the authority aforesaid, that all Servants transported into this Province whether by Indenture or otherwise, [...]he time of service of such Servant so bound or adjudged as aforesaid shall commence [...]om the first anchoring of the Vessel within this Province, any law usuage or cus­tom to the contrary notwithstanding.

And be it enacted also by the Advice Consent and Authority aforesaid, that no Indenture made by any Servant during the time of service due by former Indenture or by determination according to the tenor of this Act shall any ways oblige any Servant for longer time than by his first Indenture or determination of the Court shall be limitted and appointed, provided that this Act nor any thing therein con­tained shall not give or be construed to give any benefi [...]t to any Negro or Slave whatsoever.

And be it further enacted by [...]he authority aforesaid, that for all such runaway Servants or Slaves that shall be apprehended and taken up in the Province of Pen­silvania or Colony of Virginia, and from thence brought into this Province and delivered to a Magistrate of the County into which they shall be brought, the person for so doing shall have paid and allow'd him by the master or owner of such runaway four hundred pounds of tobacco and cask, or forty shillings in money, upon his producing a certificate from the said Justice or Sherrif of the delivery of such runaway, except servants or runaways bro [...]ght from Accomack into Somer­set [Page 98] [...] two hundred pounds of tobacco [...] of Virginia next the River Potomack, for which said [...] or [...] shall make satisfaction when free, by service or otherwise [...] for one as the Court shall adjudge; But if such person so [...] and delivered as aforesaid be a Freeman and refuse to pay [...] of tobacco or money, then & in such case the Magistrate before [...] brought shall forthwith commit the said person so refusing to [...] sufficient security or make full satisfaction by service or otherwise, [...] it further enacted by the authority aforesaid, that if any master mistress [...] owner of any servant whatsoever, or overseer by the order and consent of [...] master mistress or owner shall deny and nor provide sufficient meat drink [...] and cloathing, or shall unreasonably burthen them beyond their strength with labour, or debar them of their necessa [...]y rest and sleep, the same being suffici­ently prov'd before the Justices of the County Court the said Justices have hereby [...] power and authority for their first and second offence to leavy such fine upon [...] offender as to them shall seem meet, not exceeding one thousand pounds of tobacco, to the use of his Majesty his Heirs and Successors for the support of Go­vernment, and for the third offence to let such Servant so wronged at liberty and [...] their servitude.

And be it also further enacted by the authority aforesaid, that all Ngro's & [...] Slaves already imported or hereafter to be imported into this Province, and also all Chidren now born, or hereafter to be born of such Negro's or Slaves shall be Slaves during their natural lives.

And be it further enacted by the authority aforesaid, that any white woman either tree or a servant that shall suffer her self to be begot with child by a Negro or other Slave, or f [...]ee Negro, such woman so begot with child as aforesaid, if fre [...] shall become a Servant for and during the term of seaven years, if a servant she shall finish [...] of servitude together with the damage that shall accrew to such persons to whom she is a servant by occasion of any child or children begotten as aforesaid in the time of her servitude, and after such satisfaction made shall again become a servant for & during the term of 7 years aforesaid, & if such begetter of any such child as aforesaid be a free Negro he shall become a servant for & during the term of seaven years aforesaid, to be adjudged by the Justices of the County Court where such [...] committed, according to this Law in the clause made and provided again [...] such servants as have bastards, and the issues or children of any such unnatural and inordinate [...] shall be servants until they arrive at the age of 31 years [...] and any whi [...]e man that shall beget any negro woman with child whether freewoman or servant shall undergo the same penaltys as white wo­men, all which times of servitude by this Act impos'd on any th [...] persons issue or children of such inordinate copulations shall be taken care of by the Justices of each respective County within this Province, and such servitude to be disposed of or imploy'd as the Justices of such County shall think fit, the produce whereof shall be appropriated towards the [...] of the poor.

And be it further Enacted by the Authority aforesaid, that ev'ry servant woman having a [...] and [...] sufficiently to prove the party charg'd to be the [...] the mother of such child shall only be ly­able to satisfy the [...] by servitude or otherwise as the Court be­fore whom such [...] see convenient, provided that where the mother of any such child as aforesaid do prove her charge by sufficient testimony of witnesses, [...] of the party charged, or pregnant circumstances agreeing with her declaration in her [...] of her pains or throws of travel, & her oath takes by some magistrate before the time of her delivery of ev'ry such bastard child [...] her deliv'ry, then the party charg'd if a servant to satisfy half the said damage, if a Freeman then the whole damage by servitude or otherwise as the Court before whom such [...] is brought as aforesaid shall think fit, and if any such mother as aforesaid be able to prove by such testimony or confession of the party charg'd, that be being a single person & a Freeman did before the begetting of such child promise her marriage, that then he shall be at his choice either to per­form his promise to her or recompence her abuse according as the Court before whom such matter is brought shall adjudge.

And be it further Enacted by the Authority aforesaid, &c. that after the end of [Page 99] this [...] Session of Assembly that it shall and may be [...] and County Courts of this Province to hear & [...] masters and servants by way of petition to give Judgment [...] upon the same, and that upon any Apeal or Writ of Error [...] from any County Court of this Province to the Provincial [...] Court to his Excellency the Governour and Council, [...] shall be reversed for want of Judicial Process, or that the same was [...], or any matter of form either in the entry or giving of Judgment [...] appears by Record that the party Defendant was legally summoned [...] unheard.

And Be it further Enacted by the Authority aforesaid, that Servants [...] into this Province,, or any Servant that binds himself for years within this [...] or any bound out by the County Courts of this Province, that if any matter [...] arises either in relation to their indentures, contracts or wages, or any [...] mat [...]er of difference between the said Masters and Servants the same shall be [...] heard and determined by petition as aforesaid, any Law Statute of Usuage to [...] contrary notwithstanding.

An Act for imposing a Fine upon Edward Dorsey, convicting him of a debt [...] three hundred thirty three pounds six shillings and eight pence to [...] King, and imposing a Fine on the Sherrif of Caecil and Talbot Coun­ties.

An Act for the ordering and regulating the Militia of this Province for the better defence and security thereof.

BE IT ENACTED by he Kings most Excellent Majesty by and with the Advice and Consent of this present General Assembly and the Authority of the same, that from and after the end of this Sessions of Assembly the Militia of this Province shall be mustered, trained and exercised according to these instructi­ons and directions following.

1 st. That every Colonel, Major or Captain of [...]oot already commissionated o [...] hereafter to be commissionated by his Excellency the Governour of this Province for the time being, shall have power to enlist such and so many inhabiting within this Province not hereafter excepted in their several and respective divisions be­tween 16 and 60 years of age as they shall think fit, by as equal propositions of the said Inhabitants as possibly they can to be of the Militia or Trainbands of this Province, which said persons so enlisted, they shall muster, exercise and train in & at such places, and at such certain times as to them shall seem meet, or the Service Safty or Defence of this Province shall require, or as his Excellency the Governor of this Province for the time being shall see cause to order.

2 dly. That every such Colonel, Major or Captain shall give notice or [...]ummons upon every training or mustering to ev'ry person so enlisted as aforesaid within his respective division or limit at the head of his company, or at the house of the par­ty by an officer of his company or warrant under his hand to appear at such time and place as he shall appoint for such training or mustering, and that if any Man after such notice given & summons as aforesaid shall neglect to appear at the place and time appointed as aforesaid, or that shall refuse when he hath so appeared to be enlisted into the militia and trainbands aforesaid, or next that being so enliste [...] shall not from time to time as he shall be summoned or warned as aforesaid to ap­pear and bring with him one good serviceable Gunn fixed with six shoots of pow­der, shall for every such offence if a Freeman forfeit & pay the sum of one hundred pounds of tobacco, and if a Servant letted or hindred by his Master, Mistress [...] Overseer, then such master, mistress or overseer to forfeit and pay the like sum of one hundred pounds of tobacco for every such servant so letted or hindred as afore­said, for the use of the Foot Company to purchase Drums and Colours and [...] n [...]cessarys for the Company as the Commanders thereof shall direct. [...] that this clause be not to countenance any Officer to press Arms or [...]

[...] for regulating the [...].

[...] or Service than training, but that upon all [...] of the County Magazine or Store, all which [...] and determined by [...] Colonel, Major [...] as aforesaid, and account thereof kept in writing [...] which said Colonel, Major or Captain of such company [...] and impowered to award Execution against the [...] persons so refusing, neglecting or failing as aforesaid, & [...] all such Executions the respective Clark and Sherrif of each [...] within this Province shall issue out and serve Execution [...] or Reward.

And for settling the Horse Forces that a Captain of Horse in each [...] for making up of his Troop elect and enlist his number of Men [...] of the said County, according to such instructions as be shall from [...] to time receive from the Governour of this Province for the time being.

Provided always that such Troopers shall ride their own Horses, and that no [...] person shall be a Trooper without [...] be owner of a good serviceable Horse which [...], and that such Troopers in consideration of their great pay here­after to be allowed be bound and obliged to and themselves with [...] able and [...] Furniture for their Horses, and likewise to find themselves with Swords, [...] and Ammunition, and if any Troopers shall neglect [...] refuse upon notice given them as aforesaid (to the foot) to appear at musters at the time and place appointed as aforesaid by each respective Captain of Horse [...] and equipped as aforesaid, shall forfeit & pay the sum of one hundred [...] to be [...] as aforesaid to the use of the Troop for [...] Colours and [...] the Commander shall think [...], and [...] such Troopers or and in consideration aforesaid, at all such [...] as the [...] are out a ranging shall [...] own provisions, but when in actual Service [...] found [...] this Province to be paid by the publick, & [...] happen that [...] should be killed in the service, then the said Trooper to be [...] by the publick and not otherwise.

4 thly. That all [...] Orders, Delegates, Magistrates and Constables shall in the [...]e proper person [...] exempted from being compelled [...] & train either in horse or foot during such time as they officiate or [...] a­foresaid provided that [...]his clause shall not extend to such persons [...] have or shall hereafter accept of Commissions for military service [...] of this Province for the time being, so as to discharge such persons [...] re­spective charges mentioned in such their several and respective Commission, nei­ther shall this clause or any part thereof be construed or [...] any De­legates, Magistrates or Constables as aforesaid to [...] to muster or training either to horse or foot when and as often [...] to them shall be given as aforesaid, some other person or persons in his or their [...]ead or places so equipped and provided as aforesaid, upon forfeiture as aforesaid.

And Be it Enacted by the Authority aforesaid, that all Negro's & Slaves what­soever shall be exempted the duty of training or any other military service.

5 thly. That the pay for the Officers and Soldiers of the Foot and Horse afore­said, but not other then is hereafter mentioned, and for no longer time then such Officers and Soldiers shall be in actual service viz.

To every Colonel of Foot [...] pounds of tobacco per month, to a Major of Foot [...] per mo: to a Captain of foot [...] per mo: to a Lievetenant of foot [...] per mo: to an Ensign [...] per mo: to a Serjeant 400 per mo: to a Corporal 400 per mo. to a Drummer 400 per mo: to every private Soldier [...]00 per month.

To every Major General chief Commander in the Field 2000 per month, and that every Colonel of Horse have 2300 per mo. a Major of horse have 150 [...] per mo: a Captain of horse to be allow'd 1300 per mo: a Lievt' of horse to be allow'd [...]00 per mo: to a Cornet 900 per mo: to a Quartermaster, [...]00 per mo: to a [...] per mo: to a Trumpeter [...]00 per mo: to every private Trooper [...]00 per mo [...]th And that all these rates and allowances for such Officers and [...] aforesaid [...] be allow'd and paid and no more, and that the months [...] mentioned be accounted, computed and reckoned according to Calender and [...].

6 thly. [...] that wh [...]soever it shall appear to the chief Governour [Page 101] [...] [Page 102] [...] [Page 103] [...] [Page 104] [...] [Page 105] [...] [Page 106] [...] [Page 107] [...] [Page 108] [...] [Page 109] [...] [Page 110] [...] [Page 111] [...] [Page 112] [...] [Page 113] [...] [Page 114] [...] [Page 115] [...] [Page 116] [...] [Page 117] [...] [Page 118] [...] [Page]