All the laws of Maryland now in force Maryland. General Assembly. 1700 Approx. 576 KB of XML-encoded text transcribed from 63 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-12 (EEBO-TCP Phase 2). B04480 Wing M895A ESTC R188556 51784585 ocm 51784585 174994

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Early English books online. (EEBO-TCP ; phase 2, no. B04480) Transcribed from: (Early English Books Online ; image set 174994) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2708:17) All the laws of Maryland now in force Maryland. General Assembly. Bladen, William, ca. 1673-1718. [6], 108, 8, [3] p. Printed by order of the General Assembly by Thomas Reading, Annapolis [Md.] : Anno Domini 1700. Imperfect: cropped with some loss of text. Signed p. [2] at beginning, William Bladen. Index, p. [5]-[6]. Reproduction of original in: Universität Göttingen Bibliothek.

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eng Law -- Maryland -- Early works to 1800. Maryland -- Politics and government -- To 1775 -- Early works to 1800. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2010-02 Assigned for keying and markup 2010-03 Keyed and coded from ProQuest page images 2010-04 Sampled and proofread 2010-04 Text and markup reviewed and edited 2011-06 Batch review (QC) and XML conversion

ALL THE LAWS OF MARYLAND NOW IN. FORCE.

ANNAPOLIS Printed by Order of the GENERAL ASSEMBLY By Thomas Reading, Anno Domini 1700.

TO HIS EXCELLENCY COLONEL NATHANIEL BLAKISTON HIS MAJESTYS Capt' GENERAL And COMMANDER In Chief of this his PROVINCE OF MARYLAND The Lands Iſlands and Territorys thereto belonging, AND VICE: ADMIRAL Of the ſame, This Undertaking of printing this Book of LAWS Is moſt humbly Dedicated and Dvoteed By His EXCELLENCYS Moſt Obedient and Faithful Humble Servant WILLIAM BLADEN.

To my Honoured and Ingenious Friend Mr. William Bladen at the Port of Annapolis. Sir,

IT is certainly an argument of a moſt ingenious Minde as well as good Will to the Commonwealth, where a Man finds ways to advance his own intereſt and the publi ks together, which I doubt not but wi •• be effectually done by your happy undertakeing of the printing and publiſhing the Laws of this Province, whereby the whole Body of them now in force will be to be had at ſo reaſonable a rate that ſcarce a •• t at are willing but may have them, and as it is a laudable principle for every Man to make himſelf acquainted with the Laws of the Country he •• ves i , ſo it is very danger us to be ignorant of them, by reaſon of that maxim that Ignorance of the Law •• a l not excuſe, which though it may ſeem a harſh maxim at firſt ight, yet when throughly underſtood is moſt juſt and reaſonable, encouraging Men thereby to attain the knowledge of the Laws under which they live, and that by the two greateſt ſprings of human nature hope and fear, hope of knowledge and underſtanding the nature and conſtitution of the government they live in, which is in the moſt lively manner diſcovered by the laws of the Country, and fear of being puniſhed for the breach of any of them, that through a willful ignorance they know not: this maxim will appear more bea tiful when compared with its contrary, for if ignorance of the Law ſhould excuſe, then the more ignorant the more ſafe, and none could be puniſhed by the law but them that know it, ſo that knowledge would be a dangerous thing, and yet it is the experience of all ages that the more knowledge people have (which is to be more wiſe) they are the happier in their government and conſtitution: But this is but in general, this worthy under ••• ing as I conceive of i is pregnant, with many great benefits to the Province in particular, taking this to be granted (which I believe will hardly be denied) that very few Gentlemen of this Province, may not all the Juſtices of the Provincial and County Courts have yet had the Body of the Laws by them ſo as to read, meditate and digeſt them, without which it is impoſſible rightly to know them, for indeed they were not to be had hat at a great charge and difficult to be got at any coſt, and then but in a written hand.

I ſay ſuppoſing this, and now that the plain print and eaſy price will remove the former difficultys it cannot I think be doubted but that all the Juſtices of the Provincial and County Courts will have them in their Studies for the reaſons aforeſaid, and the better to enable them to give a right judgment of thoſe laws when pleaded befor'em, and next to them, all other Officers of what nature ſoever and others. and then

1ſt. In the firſt place it muſt needs prevent many tedious and chargeable Actions that Men involve themſelves in by ignorance, for the law will •• iru •• them what to do and what to avoid, and it will prevent cunning all Men from impoſing on their Neighbours becauſe their Neighbours will know the law as well as themſelves, and that will make Men more pe eeble, better Neighbours, and eaſ er to the Courts of Juſtice.

Secondly, As it will prevent actions and injurys among private perſons, ſo it will inſtruct the ſeveral Officers of Courts their duty, which will prevent many mis ea ances in their Offices daily committed through ignorance, and which give great delays to the Courts, now the ſeveral Officers ready diſcharge of their dutys will be a furtherance to the buſineſs of the Court

Thirdly, The Juſtices perfect knowledge of the laws will be a great means to facilitate the tryal of every ſuch cauſe, and prevent the turning over Books to find out the laws, when they ſhall know at firſt mentioning what the law is and how it ſtands related to other laws, and be able to direct the tryal by their own knowledge, and diſtinguiſh on the different Arguments of each Party which will be a happyneſs no leſs to themſelves then the Suitors.

Fourthly, The grand and petty Jurys alſo being acquainted and knowing the laws will more readily and aptly diſcharge their ſeveral offices, more might be enumerated but if all theſe benefits, nay if but ſome of them anſwer expectation it will be a conſiderable advantage to the Province.

You can not but expect ſome who will cenſure and be ready to condemn both the undertaking and the reaſons for it, ſuch (I mean) who know no other way to raiſe their 〈◊〉 acter then by finding fault with and condemning other Mens actions, but that ••• ld not diſcourage any one from proſecuting a good deſign, which all good Men will.

THE INDEX A ATtachments and Executions limitted &c. Ju •• ices, Sherri s and lerks not to plead as Attorneys Fo: Annarandet and Oxford Towns and Ports Admini rators and Executors ſecured from double payment of debts & limitting the ••• e for payment of obligations Amerciaments Appears and •• ritts of Error B Special Fail to be taken in the Several Countys Againſt Blaſphemy, Fornication, Swearing &c. C Appointing Coroners Coopers and Gauge of Hogſheads Con •• rming proceedings judicial &c. between the death of Governour Copley and Governour Nicholſons arrival Countys to be divided Church ands Court 〈◊〉 Lands Cool Springs County Courts adminiſtration of juſtice 49 Commiſſioners of the County Coures to aſſeſs their inhabitants for the neceſſary charge of their County Criminals Fees Commiſſarys Office Wills Adminiſtrations &c. Criminals how to be tryed and puniſhed Additional Act touching Coopers D For electing Delegates For appin ing Court Days Divi •• on of Aan-Arundel and Baltemore Countys E Evidence to prove foreign debts Errors in Law &c. occa oned by the late Revolution Againſt Extortion of S •• riffs and deputy Commiſſarys Executions •• ay after the tenth of April Enrolling Conveyances &c. F Convicted Felons Freeſchools Height of Fences againſt burners thereof, and the multiplicity of Horſes G H Harbours preſerved Marking High Ways I Ingroſſers and Regraters Concerning Indians Impoſt on ſeveral commoditys exported Speedy Juſtice and Incouragement of Trade Againſt Trade with the Indians for fleſh &c. Impoſt for defraying the publick charge Speedy Juſtice for ſmall debts Prohibiting liquors to be carried to the Indian Towns For ſummoning grand and petty Jurys For quietting differences between the Engliſh and Indians K L Limittation of Actions Laws to be publiſhed All former Laws Repealed others confirmed All Laws Repealed and the s confirmed For the ſpeedy conveying publick Letters The Land aw All Laws to be Recorded &c. arochia •• •• brarys Some Temporary Laws Revived Certain Laws repealed others confirmed Leavy to be laid by a Committee M Marriages to be publiſhed M •••• a Regulated N Incouraging the importation of Negro's Natives advanced and learning incouraged Naval Officers Fees aſcertained Naturalization Fees aſcertained O Appointing Officers O •• marys Officers Fees P Qui cing Poſſeſſions Additional Act for quieting Poſſeſſions Additional Act to the Act for orts Damage on rote ed Bills of xchange Privateers and yeares puniſhed Q R Of Recognition Rights of ſeveral perſons ſecured Revennue to the Governour Revennue or three pence per hog head to the Governour Religion S Subbornation and Perjury Standard with weights and meaſures Sallary of Delegates and juſtices of Provincial and County Courts Sunday to be kept Holy Sherriffs Office Servants and slaves Security of the Frontiers T Tobacco ſeized and received by the Sherriffs and others Againſt tranſporting or conveying away perſons without paſſes Town Lands Liſt of Taxables &c. Tobacco received by Merchants and others how to be ſecured U Againſt Uſury Ve rv •• en to aſſeſs their Pariſhoners Againſt vexations ſuits, proving of debts and pleading diſcount W Wolves Watermills.
MARYLAND ſſ.

At a Seſſion of Aſſembly begun and held at the City of St Mary's in the •• Majeſty's Province of MARYLAND the 10th. Day of May 1692, and in the Fourth Year of the Reign of our Sovereign Lord and Lady WILLIAM and MARY by the Grace of GOD of England Scotland France and Ireland King and Queen Defenders of the Faith &c. His Excellency LYONEL COPLEY Eſq being then Governour in Chief and Captain General, Theſe following Laws were Enacted, to the Honour and Glory of GOD and Welfare of this his Majeſty's Province.

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 Moſt Excellent Majeſty's that it may be publiſh'd and declar'd in this General Aſſembly and Enacted by the Authority of the ſame, That We do Recognize and Acknowledge Your Majeſty's are, and of Right ought to be by the 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, Titles, Regality's, Prerogatives, Powers, Juriſdictions, and Authority's to the ſame belonging and appertaining, are moſt Fully Rightfully and Intirely Inveſted and Incorporated United and Annexed.

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

WHEREAS 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, and ſend them to certain Attorneys to be put in Suit againſt the ſaid Debtors here, which for want of a Law to explain, and aſcertain what ſhall be ſufficient proof and Evidence for the proving the ſaid Bonds to be the Act and Deed of the Debtors, and by them to be ſeal'd and deliver'd, neither is there any way for the Debtors to diſcharge themſelves of the ſame if they have ſatisfied the ſame, as by bringing the Creditor upon his Oath, to declare and ſet forth if he hath received the ſaid Debts or any part thereof, or whether there be not any Accounts between the Creditor and Debtor whereby he may diſcount the ſame, or to prove his Releaſes; the Witneſſes living remote, and impoſſible to bring them viva voce to give their Teſtimony therein, which thing proves oftentimes very prejudicial to both Parties, to prevent which, and to give Redreſs 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, or 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 thereunto, by a Notary Publick or other Officer Lawfully Authorized there unto of the County 〈◊〉 Pl ••• where •• ever it ſhall happen the ſaid Bonds or Bills ſhall be ſent from; at which time, and before which ſaid Publick Notary or other publick Officer ſhall be preſent the Creditors, who ſhall then likewiſe before ſuch Publick Notary or other publick Officer of the place ſo Authorized upon his Corporal Oath declare that the ſaid Debt or any part thereof is not ſatisfied, or that there is not any Accounts between the ſaid Creditor and Debtor by which the ſaid Creditor may be likewiſe indebted to the Debtor to the value of the ſaid Debt, or any part thereof for any matter or thing accrewed ſince the time of the date of the ſaid Bond Bill or Inſtrument, or whether the ſaid Creditor 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 do, then the ſaid matter and thing by the ſaid Publick Notary or other Officer ſo by them certified as aforeſaid, ſhall not be received as Evidence to prove the ſaid Debt. 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 and Adminiſtrator in like manner before ſuch Notary Publick or other Officer for that 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 to be ſatisfied, or whether or not upon fight of the Creditors Books, Writing, or Accounts, they have not ſeen Credit given to the Debtor ſince the Day of the makeing of the ſaid Bills, Bonds, or beginning of the Accounts ſo Sued for, all which in like manner is to be certified by the publick Notary or other Officer thereunto appointed under his Hand and Seal to be ſent along to this Country, together with the Teſtimony of the Witneſſes that have teſtified to the ſaid Bonds, Bills, Accompts or otherwiſe, all which if the ſaid Executor or Adminiſtrator refuſe 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 the Plantif 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 or his Attorney, or ſufficient and legal Releaſes in caſe the Original be loſt.

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

Provided likewiſe, That no Bill, Bond, Judgment, Recognizance, Statute, Merchant and of the Staple or other Specialty whatſoever tho' proved and cerified as aforeſaid ſhall be good and pleadable, or admitted in Evidence againſt any Perſon or Perſons of this Province wherein the Debtor and Creditor are both dead, and the Debt, or Thing, or Action above Twelve Years ſtanding.

An Act for the Incouragement of the Importation of Negro's into this Province.

WHEREAS Several of the good People of this Province have been diſcouraged to Import into, or purchaſe 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 of Allmighty God, and the prejudice of the Souls of thoſe poor People neglected to inſtruct them in the Chriſtian Faith, or to induce or permit them to receive the holy Sacrament of Baptiſm for the Remiſion of their Sins upon a miſtake 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 diſcharging any ſuch Negro or Negro's Slave or Slaves; or any of his her or their Iſſue or Iſſues, from his her or their or any of their Servitude or Servitudes, Bondage or Bondages; but that notwithſtanding becoming Chriſtian or Chriſtians, or 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 ſuck 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 ſame Servitude and Bondage to all Intents and purpoſes, as if he ſhe or they or every or any of them was or were 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.

VVHEREAS many and frequent Complaints have been made by divers good People of this Province, who of late 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 out 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, or if the ſame was, no Pattents as yet granted for the ſame; and his Lordſhip having 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 Free Denizens and Subjects to the Crown of England, that at any time heretofore within the ſpace of five Yaars 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 of Reſurvey 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 and laid out at any time before the Revolation 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 if 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 all priviliges Grants and Immuities whatſoever, incident appertaining or belonging to the ſame, altho' not in this Act ſo largely and paricularly 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 Peace and Tranquility of this Province, than the quieting the Eſtates of the Inhabitants thereof,, end for the effecting of which, no 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 preſentt General Aſſembly and the Authority of the ſame, That all Actions of Treſpaſs, Quare 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 not Reſidents within this Province, all Actions of Debt for lending or Contract without Specialty, all Actions of Debt for Arrearages of Rents, all Actions of Aſſault, Menaces, Battery, Wounding and Impriſonment, or any of them, ſhall be ſued or brought by any Perſon or Perſons within this Province at any time after the End of this preſent General Aſſembly, ſhall be commenced and ſued within the time and limitation hereafter expreſſed and not after, (that is to ſay) the ſaid Actions for Accompt, and the ſaid Actions for Debt, Detinue, and Replevin for Goods and Chattels, and the ſaid Actions for Treſpnſs, quare Clauſum fregit, within two Years 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 hold 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 s. 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 Intituled 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 foeme Covert non Compis Mentis, 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 Limited, after their coming to, or being of full Age, Diſcovert 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 all together ſilent.

Be It 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 〈◊〉 and 〈…〉 that this Act or any thing herein contained, ſhall be conſtrued reputed or taken to prejudice or debar any perſon removing himſelf or Family from one County to another for his conveniency, or any perſon leaving this Province for the time and term in this Act Limited from the benefit thereof he leaving Eſſects ſufficient, and known for the payment of of his juſt Debts, in the Hands of ſome perſon or perſons who will aſſume the payment thereof to his Creditors, any thing in this Act contained to the contrary hereof in any wiſe notwithſtanding.

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

An Act for publication of all Laws within this Province.

FORASMUCH as many new Laws have been made this preſent Aſſembly, wherein the welfare of the good People of this Province is much concerned, and divers old Laws not ſufficiently providing againſt the Offences by them to be puniſhed have been made more penal, to the end many people of this Province evilly diſpoſed, may be deterred from evil doing; and that notwithſtanding all the Laws, intend that every perſon in this Province is bound to take Notice of what is paſſed in the Aſſembly, becauſe every perſon is there preſent in their Repreſentations, yet his Excellency the Governour, the Council and Aſſembly deſiring not the deſtruction of the very worſt of the people of this Province not that they ſhould be overtaken by any Intendment in Law in a penal Act, tho' not at all too ſevere for the miſdeeds it intends to puniſh, do think fit that it be 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 tranſeribed into Parchment and by Writt under the great Seal of this Province from time to time be paſſed by the Chancellor for the time being, to the Sherrif of each reſpective County be tranſmitted and commandment to them in the ſaid Writs ſhall be given as well the ſaid Acts in their ſeveral and reſpective County's, in what place to them ſhall ſeem moſt convenient to publiſh and proclaim all the ſaid Acts of Aſſembly, to be firmly obſerved and kept.

And Be it ••• ther Enacted by the Authority aforeſaid, That every ſeveral and 〈…〉 active County ſhall from time to time pay to the Chancellor for the time being 〈…〉 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 Probat of Wills &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 Wills to be committed for preventing of all Diſputes and Troubles that may happen thereupon.

BE IT ENACTED by the King and Queens moſt Excellent Majsſty'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, Iudgments, Indictments, Informations, Proceedings, Cauſes, Matters and Things whatſoever, commenced or depending in any of the ſaid Courts, ſince the firſt Day of April 1690 ſhall be good and ettectual 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 remain and be as if this Act had never been made, any thing herein contained to the contrary thereof in any wiſe notwithſtanding.

And forasmuch as by reaſon 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 or demand of Debts, due by Bond Bill or judgment, or in the Clauſe for the due returning of Certificates upon Warrants for Land granted, or Suing out of Pattents for Lands, according to the directions and Inſtructions of any of the Lord Baltemores Conditions of Plantations, or in the Clauſe for taking or ſuing out Pattents for Lands contained 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 by means thereof deprived and wholly prevented from the benefit of laying out their Cropps of Tobacco or any part thereof with the Merchant, Adventurer, their Factors or others, bringing all ſorts of Goods Merchandizes and Servants for the purchaſe thereof, whilſt a Covetous and Active Sort of People, but few in number 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 not 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 neceſſity of the Province, that within a few days after ſuch purchaſe, they can Regrate the ſaid Goods Merchandizes and Servants and be ready for another Market, thereby not onely In hancing the prizes of all Goods Merchandizes & Servants & be ready for another, but making ſeveral returns in one Shipping ſeaſon, and in the mean 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 afore ſaid Hukſters, or ſome, or one of them at their own dear Rates and Prizes, for prevention 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 be paid the Shipping happening at the time of ſuch firſt Sale, or for Tobacco to be Shipped for payment or ſecuring 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 elude 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 recited, and being thereof duly convicted, by confell on of the party, or the Oaths of two Witneſſes before the Juſtices of the Provincial Court, or the Juſtices 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 perſons Lawfully convicted or attainted as aforeſaid, of or for the ſecond Offence and be thereof Lawfully convicted or attainted as aforeſaid, that then every perſon or perſons ſo offending, ſhall have and ſuffer for his or their ſecond Offence Impriſonment for the ſpace of of one half Year without Bail or Mainprize, him and ſhall looſe the double value of all the Goods Merchandizes or Servants ſo by or them bought or had as aforeſaid.

And Be It Further Enacted by the Authority aforeſaid, That if any perſon or perſons being Lawfully twice convicted or attainted as aforeſaid, of or for the ſecond Offence, and ſhall again offend the third time, and be thereof Lawfully convicted or attainted, that then every perſon for the third Offence ſhall be ſet in the Pillory in the City Town o in the full County where he ſhall then inhabit 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 remain daring the term of one whole Year, the one moiety of all which Forfeiture 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, wherein 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 out of any Goods or Merchandizes by him or them ſo bought or purchaſed as aforeſaid, to ſatisfie and pay unto any Workman or Servant the hire or wages of him or 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 attempt ſo to do, without Licence from the Governour for the time being, nnd all Acceſſory'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 the Extent of Attachments, and 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 General Aſſembly and the Authority of the ſame, That from henceforth no Attachment ſhall Iſſue out of any Court of this Province before a Writt or Summons be firſt made out, upon which Writt if the Party Defendant be an Inhabitant or Reſident within this Province and the Sherrif ſhall retern a non eſt inventus, one other Writt or Sumons ſhall thereupon in manner aforeſaid Iſſue forth againſt the ſaid Defendant, and if the Sherrif ſhall upon the Second Writt or Summons return a non eſt invertus 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 abſent out of this Province, in ſuch caſe, upon the return of a non eſt inventus by the Sherrif on ſuch Writts or Summons, and the Party Plant if his leaving with the Attorney of ſuch abſent Defendant (if he hath left an Attorney) a Copy of his Declaration or ſhort Notes expreſſing the true cauſe of Action, or if he hath left no Attorney, then the Plant if leaving a Copy of the ſaid Declaration or ſhort Note expreſſing the true cauſe of Action at the Houſe where the ſaid Defendant abſent did laſt reſide or dwell and making ſuch proof of his Action at the ſaid reſpective Courts ſhall think fit. It ſhall and may be Lawful for the Juſtices of the ſaid Courts to award an Attachment againſt the Goods Chattels and Credits of the ſaid abſent Defendant ſo as aforeſaid proſecuted and not appearing to the ſaid Action, which are or ſhall be in the hands and poſſeſſion of any perſon or perſons whatſoever, yea even in the Plantiffs own hands for the Defendants uſe in this Province, in which ſaid Attachement there ſhall be a Clauſe commanding the Sherrif of the reſpective County's at the time of executing the ſaid Attachment, to make known to each perſon & perſons in whoſe hands and poſſeſſion the ſaid Goods Chattels and Credits ſo as aforeſaid in their hands attached ſhould not be condemned, and Execution thereof had and made as in other caſes of Recovery's and Judgment given in Courts of Record, at which Day of Return of the ſaid Attachment, if the ſaid Defendant ſhall not then appear, nor the Garniſhee in whoſe hands the aforeſaid Goods Chattels and Credits of the Defendant were attached to ſhew cauſe to the contrary, the reſpective Courts ſhall and may condemn the ſaid Goods Chattels and Credits aforeſaid, ſo as aforeſaid attached and awarded; Execution thereof to be had and made, either by Capias ad ſatisfaciendum fieri facias or otherwiſe as in other Judgments, he the ſaid Plantif ſo proſecuting as aforeſaid, giving good and ſufficient Security before the Juſtices of each reſpective Court to and for the uſe of the ſaid Defendant ſo as aforeſaid, being not found within this Province or ablent out of this Province as aforeſaid, to make Reſtitution of the ſaid Goods Chattels or Credits ſo as aforeſaid coudemned or the value thereof, if the Defendant ſo as aforeſaid proſecuted, ſhall at any time within one Year and a Day to be accounted from the Day of the ſaid Attachment awarded come in and either in Perſon, or by Attorney appear to the ſaid Original Action againſt him, and make it appear that the ſaid Plantif hath been, and is ſatisfied and paid the Debt or Demand in the ſaid Action, or ſhall otherwiſe in Court diſcount or bar 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 had and made, ſhall be ſufficient and pleadable in Barr, by the ſaid Garniſhee or Garniſhees in 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, nor againſt any Garniſhee or Garniſhees then what the ſaid Plantif in the ſaid Action ſhall make appear to the ſaid reſpective Courts, to be 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 denying 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, or any other Execution whatſoever out of 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 Lively hood for the future, but that Corn for neceſſary Maintenance, Bedding, Gun, Ax, Pot 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 found by proof or other Circumſtances, willfully to abſent themſelves 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 Flight or Proſcription out of this Province to be avered upon Oath ſhall have no benefit of any favourable 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 Deſendant in the ſaid Judgment in the ſaid I ſantifs 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 it ſhall be directed at the time of executing the ſaid Attachment, to make known to each perſon or perſons in whoſe Hands and Poſſeſſions the ſaid Goods 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 aboveſaid in their Hands attached ſhould not be condemned, and Execution thereof had and made as in other Caſes of Recoverys or Judgments given in Courts of Record, at which Day of the Return of the ſaid Attachment, if the ſaid Defendant ſhall not then appear, nor the ſaid Garniſhee, in whoſe Hands the ſaid Goods Chattels and Credits of the ſaid Defendant were attached, to ſhew ſufficicient cauſe 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 divers great Grievances have happened within this Province, through the many Cheats and Deceits that many have uſed in diſpoſing and altering the 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 great Damages in the ſaid Goods.

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 what Perſon ſoever ſhall diſpoſe of any Tobacco or other Goods 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, or by any Merchant or others Received, either by uncaſing or otherwiſe, without any Lawful Order or Warrant in Writing under the Hand of ſuch Sherrif who received the ſame, or of ſuch Merchant or other Perſon who had received and marked the ſame, or for whoſe uſe the ſame was received and marked, ſhall bely able beng Convicted by Confeſſion or ſufficient Witneſſes in ſome Court of this Province to Reſtore four Fold to the party grieved, and ſtand in the Pillory two full Hours during the Court time, with his Offence fairly written in a piece of paper and placed upon his Back. 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 n each Reſpective Counry.

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 Coroners, 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 o 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 appointment of the Governour of their entring into the ſaid Office according to the form of the Oath of a Coroner in England.

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 Precinct as any Conſtable hath or ought to have in a Hundred or Precinct in England, by the Law or Cuſtom of England; and the ſaid Conſtable ſhall take the Oath mentioned in an Act made in the firſt Year of their ſaid Majeſty's Reign Intitul'd an Act for abrogating the Oaths of Supremacy and Allegiance in manner and form following. You ſſiall Swear you will well and truly Serve our Sovereign 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 arroſt all ſuch perſons as in your preſence ſhall commit any Riot, Fray, or other breach of their Majeſty's Peace, you ſhall do your beſt endeavour upon complaint to you made to ſeize all Felons, Barretors, Rioters, 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 be duly raiſed and purſued againſt murtherers, thieves, and other felons & fugitive ſervants, & the Laws & Orders 'gainſt vagabonds & ſuch other idle perſons coming within your limits be duly put in execution, at your County Courts coming you ſhall preſent all Offences done againſt the ſeveral Acts made for the ſuppreſſing of Drunkenneſs, and alſo true preſentment make of all Bloodſheds, Affrays, Outcries, Reſcues and other Offences committed againſt their Majeſty's Peace within your Limits, you ſhall well and truly execute all Precepts and Warrants to you directed from the Juſtice of Peace of this County or higher Officer, and you ſhall well and truly according to your knowledge power and ability do and execute all things belonging to the Office of a Conſtable ſo long as you ſhall continue in this Office. So help you God. And if the perſon ſo nominated & appointed ſhall refuſe to ſerve in the ſaid Office by himſelf or his Deputy, or take the Oaths when tendered to him by the Juſtices of Peace as aforeſaid, ſhall forfeit the ſum 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 moiety to the Church Wardens of the Pariſh in which he ſhall dwell or reſide, to be recovered by Bill Plaint or Information wherein no Eſſoyn Protection or Wager of Law ſhall be allowed, or ſuffer two Months Impriſonment without Bail or Mainprize.

Be It Further Enected 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 Genetal or Governour in Chief for the time being, that refuſes to execute the Office of juſtice of Peace Sherrif or Coroner within this Province, or 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 l. Tobacco for the uſes aforeſaid, to be recovered as aforeſaid or 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 Civil (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 out Sovereign Lord and Lady the King and Queen their Heirs and Succeſſors the Sum of five hundred pounds of Tobacco for 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 nor any thing therein contained ſhall not extend or be inrerpreted to extend to the prejudice of any the Lords of Mannors within this Province, in their priviledges of appointing Conſtables within their reſpective Mannors.

Provided that if any perſon diſſenting from the Church of England ſhall hereafter be choſen or otherwiſe appointed to bear the Office of high Conſtable Church Warden or Overſeer of the poor or any other Paro chial or Ward Office and ſuch perſon ſhall 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 them in ſuch manner as the ſaid Act directs and appoints, any thing herein contained to 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 have upon a mature and deliberate Conſideration by this preſent General Aſſimbly been found altogether inconſiſtant with the Conſtitution of this Province or the Laws of England in ſuch caſes made and provided.

BE IT THREFOE 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 if any perſon or perſons whatſoever from and after the publication hereof ſhall unlawfully or corruptly procure any Witneſs or Witneſſes by Letters, Rewards, Promiſes or by any other ſiniſter 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, Bill, Complaint 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 in 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, their 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 received as a Witneſs to be depoſed and Sworn in any Court of Record within this Province, until ſuch time as the Judgment given againſt ſuch Perſon or perſons be Reverſed by Attaint or otherwiſe, and that upon every ſuch Reverſal the parties grieved to recover his her or their Damages againſt all and every ſuch perſon o perſons as did procure the ſaid Judgment ſo Reverſed, to be given againſt them or 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 procurement, ſiniſter perſwaſion or means of any other, or by their own Act, Conſent, or Agreement wilfully and corruptly commit any manner of wilful Perjury by their Depoſition in any Court of Record within this Province as aforeſaid, or being examined in perpetuam Rei 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 to Offenders ſo offending, ſhall not have Goods and Chattels 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 nailed, and be from thence forth 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 their Damages in manner and form as is before mentioned, the one moiety of all the ſaid fines & forfeitures 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 Matter depending in any of the ſame Courts relating to the premiſſes, and having tendered 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 Lett 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 recevered 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 Entituled An Act for providing a Support for the Lord Proprietary of this Province, and likewiſe A Supply for defraying the publick Charges of the 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 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 Lands 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 moiety by the ſaid Act raiſed to be imployed towards the maintaining a conſtant Magazine, and defraying other publick & neceſſary charges of the Government and whereas the Free Men of this Province now Aſſembled, upon ſtrict Scrutiny made into the premiſſes, do finde his ſaid Lordſhip hath not onely been very deficient, and at finall Charges and Expences in 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 Proviſo's 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 two 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 defraying the charges of Government aforeſaid, commencing from this preſent Shipping as well for ſuch Ships or Veſſels 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 ſhall be 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, inwhich any ſuch Tobacco ſhall be exported upon his or their Clearing, and taking out his or their diſpatch or diſpatches for 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 true Intent 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 moiety of the ſaid two Shillings per Hogshead, to be paid in conſideration of his Rents and Alienation 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 to 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 aad 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 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, incontempt 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 and 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 caſt out of their ſaid Ships or Veſſels any kind of Ballaſt into the Harbours or Creeks where they uſually Ride; and do not lay it to the Shoar, 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 a Copy of this Act from the Office where the Original Tranſcript of the Body of the Laws ſhall be kept Signed by the Keeper of the ſaid Laws, and the ſame affix at their 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 Qeeen 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 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 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 Juſtices of the ſeveral County Courts ſhall from time totime, & 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 Juſtices appointed, are hereby required within twelve Months after 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 hundred, a ſeaven pound weight, four pound, two pound, and one pound, together with ſix 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 Caecil County to be marked with the Letter K. and alſo Braſs meaſure of Ell and Yard to be Sealed in England, and likewiſe a Sealed Buſhed, half Buſhel, Peck, and Gallon of Wincheſter meaſure, with a Gallon, Pottle, Quart, Pinte and half a Pinte of Wine meaſure, with three burnt Sramps 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 their Barrels which are to contain five Buſhels at leaſt, together with their Buſhel, half Buſhel, Peck, Gallon, Pottle, Quart and Pinte if they make uſe of the ſame or any 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 neg lecting 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 uſe of the poor of the Pariſh in which 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 expreſt, and alſo to provide a Standard where there is none, ſuch perſons ſo neglecting and refuſing ſhall be fined two thouſand pounds of Tobacco to the uſes aforeſaid, and be recovered as 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 this Province, whether Inhabitant or Foreigner, upon any contract, ſhall from & after the end of this preſent Seſſions 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 Tob acco for the forbearance of one hundred pounds of Tobacco, and aftert that rate for a greater or leſſer Sum, or for a longer or ſhorter time. And that all Bonds, 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 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 & perſons whatſoever which after the time aforeſaid, ſhall upon any Contract to be made, take, accept and receive by ways or means of any corrnpt Bargain, Loan, Exchange, Chievezance, Shift or Intereſt of any Wares, Merchandizes, or other thing or things whatſoever, or by any deceitful ways or means, or by any Covin Engine or deceitful Conveyance for the forbearance, or giving day of payment for 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 forbearance 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 Sueceſſors 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 Wager 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 and Support 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 feveral Delegates and Repreſentatives by them freely nominated choſen and elected to ſerve for their ſeveral City's and County's in a General Aſſembly: And forasmuch as the ſafeſt and beſt Rule 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, when and as often as his Excellency the Governour of this Province for the time being ſhall upon any Accident and urgent Affair of this Province think fit and convenient to call and convene an Aſſembly, and to ſend Writts for Election of Burgeſſes and Delegates to ſerve in ſuch Aſſembly, the Form of the ſaid Writt ſhall be as followeth.

William and Mary by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith &c. To the Sherrif of County greeting, Theſe 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 within 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 Freemen 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 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 Indentures 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 further 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 notwichſtanding.

And Be It alſo Enacted by the Authority aforeſaid, That any Sherrif that ſhall Refuſe and Neglect to make 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 not 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 bucceſſors 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 is expreſt, to Serve as Delegates and Repreſemtatives of the fame 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 term 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 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 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 other) be and remain in full Force and Power, according to the true Intent and Meaning thereof; And that the ſame be accounted and eſteemed as the Body of the Laws of this Province, and no other heretofore made.

Provided always, That this Law ſhall not Extend, or be Conſtrued to make void 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 Ε 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 Intituled an Act for quieting of Poſſeſſions, was made the ſeaven and twentieth Day of March Anno Domini 1671. 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 preſent 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 not after of any Lands Tenements or Hereditaments within this Province, by any perſon •• Perſons whatſoever, that Right had to Sell, give or grant ſuch Lands Tenement or Hereditaments made by Writing onely, with or without Seal, ſhall 〈◊〉 hereafter be accounted good and vailable in Law, to barr the Heirs or 〈◊〉 of ſuch Vendors, Donors or Grantors any Error in the Form onely of ſuch Writing to the contrary notwithſtanding. And forasmuch as divers Aſſignments of P •• tents written on the back ſide of ſuch Pattent for Land are now worn out, and a •• ſo many other Sales in Paper either worn out, or quite loſt, for which the purchaſe Mony hath been bona Fide paid.

Be It Further Enacted by the Authority aforeſaid, by and with the Advice and Conſent aforeſaid, That all Sales, Gifts or Grants at any time before the Day and Year aforeſaid, made by perſons that Right had as aforeſaid, if either the Sale. Gift, Grant or Payment bona Fide can be proved by Witneſs, ſuch Sale ſhall for ever hereafter be accounted good and available in Law to barr the Heirs and Executors of ſuch Vendors, Donors, or Grantors, or either perſons claiming Dower from ſuch Vendor, Donor or Grantor; any Law Uſuage or Cuſtom to the contrary hereof notwithſtanding.

An Act prohibiting Commiſſioners, Sherrifs, Clarks, and deputy Clarks to plead as Attorneys in their Reſpective County Courts.

WHEREAS many Inconveniency's have happen'd to divers perſons within this Province, by means of Commiſſioners, Sherrifs, and Clarks pleading as Attorneys in their Reſpective Courts wherein they bear Office, for prevention whereof for the future,

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 from and after the publication of this Act no Commiſſioner, Sherrif, or deputy Sherrif, Clark or deputy Clark of thoſe Courts wherein they bear Office, ſhall plead as Attorney for or in behalf of any perſon or perſons at that time reſiding 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 Sue 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 againſt the Importation of Convicted Felons into this Province.

WHEREAS ſeveral Maſters of Ships, Merchants, Sailors and others, haveing uſed to import into this Province ſeveral Notorious Felons and Malefactors which in ſeveral of their Majeſty's Courts have been Convicted of Crimes and Felony's as aforeſaid, and afterwards procured by Maſters of Ships, Merchants, Sailors and others out of the Common Goal to Import into this Province, and here to ſell and diſpoſe of ſuch Felons and Malefactors as Servants,, to the geaat prejudice and grievance of the good people of this Province, 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 hereof, at every Office and Place where Ships and Veſſels ſhall be appointed to be Entred and Cleared, the Clerk of ſuch Office, or perſons appointed for the Clearing and •••• ing of Ships and Veſſels ſhall adminiſter an Oath to every Maſter of a Ship when he comes to Enter, that he ſhall declare whether any Servant on Board his Ship be Felons Convict as aforeſaid, and if it ſhall appear by his Oath that they are ſuch, then the ſaid Officer ſhall take good Security of the ſaid Maſter, not to ſell or ſuffer the ſame to be ſold, given or otherwiſe diſpoſed of in this Province, but ſhall tranſport them and every of them out of this Province, before he or his ſaid Ship ſhall depart out of this Province, or in his own Ship when the ſame departs this Province.

And It is further Enacted by and with the Advice and Conſent aforeſaid. That no Maſter of a Ship, Merchant, Sailor, or any pother erſon or perſons whatſoever, ſhall preſume to import into 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 Plantations (if any they have) or to any Inhabitant in this Province whatſoever.

And Be It Further Enacted by the Anthority aforeſaid, That if any Maſter of a Ship, Merchant, Sailor or other perſon whatſoever, from and after the publication of this Act, ſhall import and bring into this Province ſuch convicted perſons or malefacters and ſhall give, ſell, pay or any other ways d ſpoſe of unto any nhabitant of this Province, ſhall forfeit and pay for every ſuch convicted Felon or Malefactor ſo imported, ſold, given, paid or any other ways diſpoſed of to any Inhabitant of this Province the Sum of two thouſond pounds of obacco, the one half to their Majeſty's for the Support of Government, the other half to the Informer, or him or them that ſhall Sue for the ſame, to be recovered by Bill Plaint or Information, wherein no Eſſoyn Protection or Wager of Law to be allowed.

An Act for appointing Court Days in each Reſpective County within this Province.

TO the Intent that Court Days may be aſcertained, and that the Commiſſioners within their Reſpective County's may know juſtly when to attend, BE IT ENACTED by the King and Queens moſt Excellent Majeſty's by and with the Advice and Conſent of this preſent General Aſlembly and the Authority of the ſame, that for the future St. Marys. Baltemore and Dorcheſter County Courts ſhall be held the firſt Tueſday in September, November, January, March June for the Orphans; and the firſt Tueſday in Auguſt. For Ann-Arurde l, Charles, Somerſet and Coecil County's, the ſecond Tueſday in September, November, January, March June for the Orphans, and the 2d ueſday in Auguſt. For Calvert and Talbot County's, the third Tueſday in September, November, January March June for the Orphans, and the third Tueſday in Auguſt. For Kent 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 that ſhall not appear and attend at ſuch place appointed for the Court to be held in his reſpective County at the time limited and appointed, ſhall be fined two hundred pounds of Tobacco, for and towards the Pillory Stocks and whipping Poſt for the Execution of Juſtice, or to be diſpoſed of as the Court then Sitting 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 Plaintifs are forced 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, be 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 tryable 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 Bufineſs.

An Act for the puhlication 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 coneracting 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 Lawful 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 ot Magiſtrate to join in Marriage ſuch perſons aforeſaid; and if any perſon ſhall preſume to contract Marriage without ſuch publication made, and Certificate thereof had as 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 Licence or any ways infringing this Act, ſhall be lyable to a Fine of five thouſand pounds of Tobacco, the one half of the ſaid Fines to our Lord and Lady the King and Queen their Heirs and Succeſſers 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 Wager 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 form aforementioned, ſhall and are hereby declared null and void.

And Be It further Enacted by the Authority afore ſaid, that all Miniſters Paſtors and Magiſtrates, who according to the Law of this Province do uſually joyn people in Marriage, ſhall joyn them in manner 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 hereunto by Law Authorized do pronounce you Lawful Man and Wife)

And Be It Further Enacted by the Authority aforeſaid, that the Miniſter, Paſter, 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.

MARYLAND ſſ.

At a Seſſion of Aſſembly begun and held at the City of St. Mary's in their Majeſty's Province of Maryland the 21ſt. Day of September in the VI Year of of the Reign of our Sovereign Lord and Lady WILLIAM and MARY by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith &c. Anno Domine 1694. His Excellency FRANCIS NICHOLSON Eſq being then Governour in Chief and Captain General, theſe following Laws were Enacted, to the Honour and Glory of GOD, and welfare of this his Majeſty's Province.

An Act for the Incouragement of Learning, and Advancement of the Natives 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 beforehand, 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 Loyal 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 greſent General Aſſembly and the Authority of the ſame that from and after the publication hereof, no perſon or perſons whatſoever coming into this Province, & who have not made it their Seat of Reſidency for the full ſpace and time of three Years, ſhall have, hold, poſſeſs or enjoy any place or Office of Truſt or Profit within the 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, Preheminence, or Authority, by vertue of any Commiſſion from your moſt Sacred 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 to 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 Proince 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 hereof, any perſon or perſons whatſoever intending to depart this Province,, ſhall firſt give notice of his her or their intended departure, by ſetting up his her or their Name or Names at the Secretary's Office the full ſpace of three Months, that if in the time 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 time 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 ſuddain 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 Governout, 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 or Veſſels or other perſons whatſoever, that ſhall tranſport or convey out of this Province, by Land or 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 or 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 whom 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 parts of this Province, for ſome ſmall advantage they have in buying or getting ſuch Mony, Goods, or Apparel as ſuch perſons ſo abſenting or flying from Juſtice aforeſaid have with them commonly Mony, Goods, or Apparel by them ſeloniouſly 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 part of this Province ſhall tranſport or convey, or cauſe to be tranſported or conveyed any perſon or perſons over Suſquehanah River aforeſaid, or any other part of the Bay above the North ſide 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 Provine , any matter or 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 Imbert, Claudius Dutitree, Gerardus Weeſſels and James 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 ands the Authority of the ſame, that all Tobacco Hogſheads that ſhall hereafter be 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, and that 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 mojety or half part of the ſaid Tobacco Hogſheads & Casks to ſet up & finiſh by or before the tenth Day of December next enſuing ſuch Contract as aforeſaid, and if any Cooper or Coopers, perſon or perſons whatſoever within this Province, ſo agreeing and undertaking the ſame as aforeſaid, ſhall wilfully or otherwiſe neglect to 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 time and times aforeſaid unmade, not ſet up, or unfiniſhed, to be recovered in the ſeveral and reſpective County Courts where the party or paties, 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 that he was hindred in performing the ſaid agreement by fikneſs 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, than 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 fawed 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 feaſoned, 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 within this Province, 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 no Tobacco Hogſhead or Cask for Tobacco ſhall be ſet up or made by any Cooper or Coopers whatſoever of any other Timber then what is herein before provided, and the ſame to be hewen and riven into ſtaves and heading by the laſt Day of July in every Year reſpectively, & that ſuch Cooper, Coopers or other perſons undertaking to ſet up ſuch Tobacco Hogſheads as aforeſaid, do at the compleating and finiſhing of the ſaid Hogſheads at each reſpective Houſe, burn in the Bulge of each reſpective Hogſhead by him ſet up as aforeſaid with a brand Iron the two firſt Letters of his Name, and every Hogshead by him ſo branded to weigh, and the true weight thereof with marking Irons to cut into the Bulge aforeſaid, on penalty & forfeiture of the Loſs of his 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 or them that ſhall Sue for the ſame to be recovered as aforeſaid.

Provided that this Act nor any thing therein contained ſhall be conſtrued or taken to prejudice any Cooper or Coopers, or other perſon or perſons from undertaking to ſet up Tobacco Hogſheads as aforeſaid for any rror or Miſtake in the weight of each Reſpective Hogſhead by him ſo weighed and marked as aforeſaid, not exceeding five pounds weight in the Hogſhead; and that all and every perſon and perſons whatſoever that ſhall undertake to make his or 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 beforementioned and expreſſed.

And Be It Further Enacted by the Anthority 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 or their Cask or Tobacco Hogſheads, ſuch Maſter or other Owner ſhall be obliged to fall, ſaw, rive, hew, and ſet up ſuch their Tobacco Hogſheads within the ſeveral and reſpective 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 is before provided againſt Coopers and other perſons undertaking to ſet up Tobacco Hogsheads as aforeſaid, In conſideration of all which, the Receiver of any Hogſhead of Tobacco ſhall pay and allow to the Owner or Owners thereof for each Hogshead Received the Sum of fourty pounds of Tobacco, deducting 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 Proceedings Judicial 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 Lyonel Copley Eſq late 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 Anno 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 Nicholſon their Majeſty's Leievetenant Governour of the ſame, the chief Command and Government of the ſaid Province was committed to the charge and conduct of him the ſaid Sir Edmund Androſs Knight their Majeſty's Leivetenant & Governour General of their Colony and Dominion of Virginia, he the ſaid Sir Edmund Androſs thereby did proclaim and declare that all Officers civil and military ſhould hold and continue their ſeveral and reſpective Places and Offices by the ſame as in and by the ſaid Commiſſion and Proclamation remaining upon Record in the Council Records more at large may appear; And becauſe upon reading and inquiring into a certain Commiſſion of their Majeſty's bearing date the 2 th. Day of February Anno Domini 1691. to Capt' Francis Nicholſon aphointing and cou t •• ing the ſaid Francis Nicholſon Lievtenant Governour of and in this Province, and upon the death 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 us 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 the 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 death of the ſaid Francis Nicholſon Eſq and abſence of the ſaid Lyonel Copley Eſq, neither 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 or abſence of the ſaid Francis Nicholſon Eſq, which in the ſaid Commiſſion is expreſly confined to the death of the ſaid Francis Nicholſon and not abſence, neither 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 Preſident, nor Sir Thomas Lawrence at his next coming, and becauſe alſo that by the Acceſs 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 Quiet, Peace and Settlement of your Majeſty's moſt Loyal and Dutyful Subjects of this your Majeſty's Province, they humbly pray and befeech 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 ratyſied; 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 onto 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 of the Provincial and County Courts.

FOR the aſcertaining, limitting and allowing unto theſeveral 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 o the Provincial and County Courts of this Province ſuch Sum and Sums of Tobacco as is hereby thought neceſſary and ſufficient for the defraying their Charges in attending ſuch Aſſembly's and Courts as aforeſaid.

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 ſuch Delegates and Burgeſſes of Aſſembly's ſhall be allowed the Sum of one hundred and fourty pounds of Tobacco a Day, during the time they ſhall attend ſuch Aſſembly's, and no more, (beſides their Itinerent 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 Sit in, & attend ſuch Courts, the Sum of one hundred and foury pounds of Tobacco per Day and no more, beſides their Itinerent Charges to be paid them likewiſe out 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 Experces 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 ſuch 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, then ſo much as by ſuch Conſent and Rule ſhall be limitted and agreed on as aforeſaid, and if they ſee fit 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 Dnmini 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 was 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 defiring 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 every of them ſhall and may execute the Powers and Authority's hereby given them, according to the directions hereafter given and preſcribed, as well for the buying and purchaſing the aforeſaid Town Lands of the now Owners and Poſſeſſors of the ſame, as for the Surveying and Laying out the ſame, and Staking out the ſeveral Lotts to be laid out in them, to the End the length, breadth, and extent of each Lot in each Town and Port may be known and diſtinguiſhed, (that is to ſay) for the ſaid Town and Port of Ann-Arundel in Ann-Arundel County aforeſaid Major Hammond, Major Edward Dorſey, Mr. John Bennet, Mr. John Dorſey, Mr. Henry Conſtable, Mr. Andrew Norwood, Mr. Phillip Floward, Mr. James Enders, and the honourable Nicholas Greenbury Eſq. And for the Town and Port to Talbut County in Oxford aforeſaid Mr. Edward Mann, Mr. John Edmondſon, Mr. Clement Saile, Mr. John Neels, Mr. John Hawkins, Mr. Thomas Robinns and Mr. Thomas Robinns Junior, the honourable George Roebotham, 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 25th. 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 ſaid Lands one hundred Acres of the ſaid Lands, at the diſcretion of the perſons aforeſaid leaſt prejuditial to the Owners, and they that purchaſe ſhall cauſe the ſame to be Surveyed, and after Survey ſo made, ſhall cauſe the ſame to be marked, ſtaked, and divied into convenient Streets, Lanes, and Ally's, with other ſpare places to be left on 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 25th. Day of February, except his Excellency Francis Nicholſon Eſq Governour of this Province, who ſhall have the next immediate choice of one two or three Lotts in each, or either of the ſaid Towns if his Excellency ſo pleaſe; after which the Lotts ſhall be taken up by the Inhabitants of the County's 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 Memoria 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, to impower him to impanel and return a Jury of Freeholders to appear before the ſaid Commiſſioners, which Jury upon their Oaths to be adminiſtred by the ſaid Commiſſioners are to inquire and aſſeſs ſuch Damages and Recompence as 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 Seals 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 as 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 Months after taking up the ſame, unleſs ſuch building be larger than herein expreſt, ſhall by vertue thereof, and of the building and finiſhing as aforeſaid inveſt the taker up and builder as aforeſaid, with an Eſtate of Inheritance in the ſaid Lott, to him his Heirs and Aſſigns for ever, and be a perpetual Barr to the Owners and Perſons intereſted in the ſaid Landseither within or without this Province, even againſt his Lordſhip the Right Honourable Charles Lord Baron of Baltemore Lord Proprietary of this Province his Heirs and Succeſſors; yielding and paying to the ſaid Lord Proprietary his Heirs and Succeſſors for ever, the yearly Rent of one Penny Current Money for each reſpective Lott as aforeſaid, and that the Surveyor of each Town and Port as aforeſaid, ſhall have and receive ſuch Fees and Rewards for laying out and ſtaking 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 Barr 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 up 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 thereto 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 contain 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 diſpoſe 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 Aſcrtaining 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 of one hundred Tunn, the Maſter thereof ſhall pay unto that reſpective Naval Officer with whom he ſhall Enter ſuch Ship or Veſſel as a Fee for Entring thereof the Sum of five Shillings Sterling and no more, and five Shillings more for the clearing thereof; And if ſuch Ship or Veſſel ſhall be above the burthen of one hndred Tunns, or of two hundred Tunns or upwards, the Maſter for the Entry thereof ſhall pay the ſaid Naval Officer as a Fee ten Shillings Stetling, and ten Shillings for the Clearing thereof; And the ſaid Naval Officers are hereby obliged to enter all Ships or Veſſels of what burthen ſoever of the built of this Province, & where-the Owners do inhabit & reſide within this Province the Sum of two Shillings & ſix Pence Sterling, which is hereby allowed & aſcertained him as a fee, therefore, and for the Sum of two Shillings ſix Pence ſhall clear the ſame.

And Be It is further Enacted by the Authority aforeſaid, that all ſmall Boats belonging to this Province, and being under eighteen Foot by the Keel, ſhall paſs and repaſs withovt any lett, hindrance, moleſtation or ſeizure of the ſame, (unleſs they ſhall cary & have on Board them prohibited goods, or goods lyable to pay Cuſtom to their Majeſty's not Cocquetted or Clearing for the ſame,) without being obliged to take out Permits for ſuch paſſing and repaſſing as aforeſaid; And that the Maſters of all Shallops o open Sloops trading within this Province, o pay unto the ſeveral Naval Officers, or their Deputy or Deputy's appointed for the granting of Permits the Sum of two Shillings ſix pence yearly and no mere for the granting of ſuch Permits as aforeſaid, and ſhall give good Security to be taken by ſuch Officer aforſaid in their Majeſty's Name, that he or they ſhall and will duly obſerve the Acts of Trade and Navigation and other good Laws of this Province relating thereto.

And Be it further Enacted That all and every Collector and Collectors of this Province ſhall have and receive ſuch Fees for Entring and Clearing ſuch Ships and Veſſels as 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 Eees and hang 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 Plaint at Information, wherein no Eſſoyn Protection or Wager of Law ſhall be allowed.

An Additional Act to the Act for quieting Poſſeſſions.

WHEREAS at a 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 Dominion of Caecilius, &c. Anno Domini 1671. It was then & there amongſt other things Enacted viz. an Act for quieting poſſeſſions, which Act did aſſure & confirm all Eſtates made 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 Inherirance, 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 heads 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 Titles that did paſs from Man to Man from the 27th. Day of March 1671. until the 13th. Day of April Anno Domini 1674. nor 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 vertue until the 13th. Day of April Anno Domini 1674. and not after.

At a Seſſions of Aſſembly held at Ann-Arundel Town in Ann-Arundel County on the laſt Day of February in the Sixth Year of the Reign of our Sovereign Lord and Lady WILLIAM and MART by the Grace of GOD of England Scotland France and Ireland King and Queen Defenders of the Faith &c. Anno Domini 1694. were Enacted,

An Act for the Naturalization of Daniel Daniſon Senior, and Daniel Daniſon Junior of Calvert County.

Ar a Seſſions of Aſſembly held at Annapolis the 8th. Day of May in the 7th. Year of the Reign of our Sovereign Lord and Lady William and Mary King and Queen of England &c. Au uo que Domini 1695. were Enacted theſe following Laws.

An Act for Settling Ann-Arundel County Court at the Port of Annapolis within the ſame County

FORASMUCH as there is not any good Court Houſe built and ſitted for the County of Ann-Arundel, and that the Provincial Court is now by Law Eſtabliſhed to be held and kept for ever hereafter at the Port of Annapolis on the River of Seavern within the ſame County, where there is, and muſt of neceſſity be a Court Houſe built for the publick uſe of this Province, which may be ſufficient for holding the County Courts in alſo, and thereby the County ſaved the Charge of building a County Court Houſe, and the ſaid Port of Annapolis propagated and increaſed.

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 Juſtices of the County Court of Ann-Arundel County do at their next meeting in their County Court adjourn themſelves from the place the ſame Court ſhall be held, to the Port of Annapolis upon Seavern River in Ann-Arundel County, and there at the ſaid Port in the Court Houſe of the Province, hold and keep the ſaid County Court, and ſo all the County Courts for the ſaid County ſhall for ever hereafter be held and kept at the ſaid Port of Annapolis at Seavern River aforeſaid in Aun-Arundel County aforeſaid, and at no other place whatſoever in the ſaid County; and that the Records of the ſaid County be removed to the ſaid Port there to be kept, and alſo that the Church to be built and erected for the Pariſh in which the ſaid Port of Annapolis is, ſhall be built and crected within the ſaid Port in ſuch place, and part thereof as to his Excellency the preſent Governour ſhall be thought fit and convenient, which for ever hereafter ſhall be denominated, called and known by the Name of the Port of Annapolis, and by no other Name or Diſtinction whatſoever.

An Act for Securing of Adminiſtrators and Executors from double paying of Debts, and limiting of the time for payment of Obligations within this Province.

FORASMUCH as Doubts have ariſen whether Executors or Adminiſtrators having fully ſatrsfied ſo far as Aſſets all Debts due within this Province with reſpect to the quality of the ſame Debts, ſhould be lyable to anſwer Debts contracted out of this Province, being of a higher Nature for preventing of all ambiguity's for the future, and to the End that the ſeveral & reſpective Courts and the Practitioners thereunto apertaining may be aſcertained what methods and meaſures hereafter to take in caſes of that nature, it is prayed 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 from and after the publication hereof no perſon or perſons being Executors or Adminiſtrators of any Eſtate within this Province, ſhall be lyable to pay or ſatisfie Debts contracted out of this Province, of what nature or quality ſoever, 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 Aſſetts in his her or their hands ſufficient to ſatisfie and pay the ſame, ſuch Executors or 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, Bond or otherwiſe do upon Tryal make it ſufficiently appear that ſuch Executors or Adminiſtrators had due knowledge & Cognizance thereof upon due proof thereof as aforeſaid, if ſuch Executors or Adminiſtrators ſhall have paid debts of an inferiour nature, not recovered againſt them by due courſe of Law, or ſuffered Judgment to go againſt them for any ſuch Debt as aforeſaid, without pleading ſuch foreign Debt in ſtay of Judgment, ſuch Executor or Adminiſtrator not having Aſſerts in his her or their Hands ſufficient to pay the Debt as aforeſaid, and ſatisfie the ſame, the Court before whom ſuch Action ſhall be brought ſhall give Judgment and award Execution againſt ſuch Executors or Adminiſtrators de bonis Propriis, to ſuch Creditor or Creditors as aforeſaid, as the Law in that caſe directs, any thing in this proſent Act contained to the contrary thereof in any wiſe notwithſtanding.

And for that it hath been found of evil Conſequence, that Bonds, Bills, and other Oligations under the Hand and Seal of any perſon or perſons within this Province which are of very ancient date, 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 the Receit for payment through length of Time become caſualy loſt ſuch Debtors are ſaid 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 afore ſaid, that for the future no Bill, Bond or other Obligation under the Hand and Seal of any perſon or perſons whatoever, thathath been, or ſhall at any time hereafter be taken of any of the Inhabitants of thſis 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 nor any therein contained 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 notwithſtandng.

An additional Act to the Act for orts.

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 Laid out, that is to ſay, ſome time before the laſt Day of September next, before the Commiſſioners in the afore recited Act nominated and appointed, bounding the ſame at low water mark including the Iſland, and ſo to the old bounded Tree at the Southermoſt part of the Neck, & that as well in the ſaid Port & Town as in the Port and Town of Ann-Arundel 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 Voſſels, and that the Officers of the Lord Proprietary for receiving the Duty's due & payable to his ſaid Lordſhip, be hereby obliged by themſelves or Deputy's thereunto Authorized and appointed to reſide at the ſaid Ports and Towns for the dispatch of Ships and other Veſſels Entring and Clearing at ſuch Ports and Towns as aforeſaid.

And Be It alſo Enacted by the Authority aforeſaid, that the two Ports of Ann-Arundel and Oxford for the future ſhall be called known and diſtinguiſhed by the names or apellations of Annapolis and Williamſtadt,, that is to ſay, the Port of Ann-Arundel to be called by the name of Annapolis, and Oxford by the name of William Stadt, and that there be purchaſed to the ſaid Town of William Stadt one hundred Acres of Land adjacent to the ſaid Town for a Common or 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 poblick Buildings.

An Act for Naturalization of Mathias Mathiaſon alias Freeman, Peter Golley, John and Joſeph Goutee, and Joſeph and John Sons of the ſaid Joſeph Goutee, and Leonard Camperſon.

An Act aſcertaining the Fees for Naturalization.

WHEREAS divers complaints have been made, that ſeveral perſons have raken 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 preſent General Aſſembly and the Authority of the ſame, That the Eees 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 or exact any more Fees of any ſuch perſons Naturalized than what are ſo allowed or to be 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 aſſeſſing the Fees as aforeſaid, the ſaid Forfeiture to be recovered in any Court of Record within this Province by Action of Debt Bill Plaint or Information wherein no Eſſoyn Protection o 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 Kent have by their Petitions complained that through the Irregularities of their County's being ſo ill ſcituated that their Court Houſes or chief places of Judicature within their County's, cannot be Seated for the conveniency of the Inhabitants and Suitors 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 Bounds of St. Marys County ſhall begin at Point Look out, and extend it ſelf up 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 out as aforeſaid, and upon the upper ſide of the ſaid Indian creek & Buds Creek ſhall the Bounds of Charies County begin where the upper Bounds of St. Marys ends, and extend it ſelf upwards as far as Mattawoman Creek and Branch, and bounding on the ſaid Branch by a ſtraight Line drawn from the head thereof to the head of Swanſens Creek in Patuxent River, including all that land lying on the upper part of Buds Creek and Indian Creek Branches where St. Marys County ends to the lower ſide of Mattawoman Creek and Branch and 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 Conſent 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 St. 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, Sherriſs, 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 Matrawoman Creek to Indian and Swanſons Creeks as aforeſaid, that is ro ſay, Mr. Robert Maſon and Mr. James Keech for St. Mary's County, Mr. Iohn Bayn and Mr. James Bigger for Charles County, Mr. William H tchiſon & Mr. Thomas Greenfield for Prince Georges 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 from 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 lined 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 Bill 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 and that that part of Talbot County lying on the North ſide of Corſeica 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 Caecil, 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 next to call to them the Survey or 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 Trees to be marked between Kent and Talbot County's as aforeſaid, that is to ſay 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 or 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 1676. to wit, An Act for Settling the Inheritance of the real Eſtate of Robert Cager, as alſo his Perſonal Eſtate upon the Mayor, Recorder, Aldermen & 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 Will and Teſtameur 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 ratyfied, deem'd, reputed, and taken to be in full Force, any Act or Acts heretofore made to the contrary notwithſtanding.

The following Laws were made at an Aſſembly held in October 1695.

An Act for laying an Impoſition on ſeveral Commodities Exported aut 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 within this Act 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 Impoſts 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 Muskratt 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 Province aforeſaid any Furrs or 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 aforeſaid double the Duty by this Act appointed to be paid by Perſons inhabiting and reading within this Province as aforeſaid the ſame ſeveral Impoſitions to be collected by the ſeveral and reſpective Naval Officers within this Province which ſaid Naval Officers ſhall once a year render an Account of the ſaid Impoſition to the Governors 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 Uſes Intents and Purpoſes aforeſaid. And to the end the ſeveral Impoſitions may be juſtly 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 out 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 reſpective 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 certifiicate 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 is 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 beforementioned 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 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 ſo offending ſhall forfeit & looſe all his her or their meats ſo Shipped as aforeſaid, one half to his ſaid Majeſty and his Succeſſors to the uſe aforeſaid, and the other half to the Informer to be recovered as aforeſaid.

And every Maſter of a Ship or other Veſſel that ſhall wittingly or knowingly take on board his ſaid Ship or Veſſel any beef, bacon or pork contrary to the true intent and meaning of this Act, being thereof Legally Convict ſhall forfeit & pay the Sum of five thouſand pound aſ Tobacco, one half thereof to his ſaid Majeſty or his Succeſſors for the uſe aforeſaid, the other half to the Informer or him or them 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 trading to and from this Province ſhall be adjudg'd, deem'd, & taken as non Raſidents not having a Seated Plantation of fifty Acres at the leaſt whereon he or ſhe with their Family (if any) have reſided, for and during the ſpace of one whole Year, and that within the time and term of twelve Months before any benefit claimed in and by vertue of this Act, or that hath, or hereafter ſhall have an Houſe in 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 claime 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 ſo trading directly frnm England to this Province as aforeſaid, have free Liberty in the Exportation of 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 aod Impoſitions for the ſaid ſeveral and reſpective Commodity's as 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 is 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 montioned or tecited to the contrary hereof notwithſtanding.

An Act for the ſecuring Perſons Rights to Town Lands.

WHEREAS it is repreſented to this General Aſſembly 〈◊〉 ſeveral perſons of this Province and others, that have taken up Lotts in 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 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 made at a General Aſſembly held at the City of St. Marys the firſt day of April 1684, intituled an additional and ſupplementary Act 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 and the Supplementary Act of the ſame. as by the ſame ſeverall Acts of Aſſembly remaining upon Record in the Secretary's Office of this Province may appear. And notwithſtanding ſeverall perſons who relying and depending upon the Benefits & 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 ond 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 or 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 before mentioned Acts of Aſſembly did take up, pay for, or tendered 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 ſame Lott made due entry 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 entring building on and following the directions of the ſaid Laws, their Heirs & Aſſigns ſhall have hold and injoy a good ſure indeſeazable 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. Anno que Domini 1696, were 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 or twelve Shillings, and not above the Sum of ten thouſand pounds of Tobacco or fifty pounds Sterling, being due by Bill, Bond, Note, Book or Account, or by any publick or County allowance, or any Officers Fees where Execution is not given by Law for the ſame, and the party Creditor 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 Defendant 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 Imparlance 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 diſcretion 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 ſame 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 fail 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 recovered in any County Court by the Veſtry as aforeſaid, by Action of Debt Bill Plaint or Information, wherein no Eſſoyn Protection or Wager of Law ſhall be allowed.

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

Laws made in July 1696.

An Act for Sanctifying 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, and 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 Ma-jeſty 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 Labour or Occupation upon the Lords Day commonly called Sunday, nor ſhall command or wilfully ſuffer any of his her or their Children, Servants or Slaves to work or labour as aforeſaid, (the works of abſolute neceſſity and Mercy allways excepted) nor 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, Fowling, 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 within their ſeveral Limits reſpectively wherein ſuch offences ſhall be committed, to wich 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 of the Peace, Magiſtrate or other head Officer as aforſaid within their ſeveral Limits, where all or any of the ſaid offences ſhall be committed or done, by distreſs or ſale of the Offenders Goods rendring the party the overpluſs, 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 the ſaid offence ſhall be committed; And in default of ſuch diſtreſs the Sherrif, under Sherrif, or Conſtable are hereby Authorized and Impowered to bring the party offending before the next Juſtice of Peace, 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 Butrough reſpectively, and to be during the interval of good behaviour.

And Be It Enacted by the Authority aforeſaid, by and 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 York, 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 Lards 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, gaming, 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. Dread Sovereign,

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 of this your Province, his Zeal for your Majeſty's Service, Pious End cavours: & generous Offers for the propagation of Chriſtianity and good Learning, herein we becom humble Suitors to your moſt Sacred Majeſty to extend your Royal Grace & 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 Conſent 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 Manners, that a certain place or places for a Free-School or Schools, or place of Study of Latine, 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 Hewett, together with Robert Smith, Kenelm Cheſledyn, Henry Courſey, Edward Dorſey, Thomas Ennals, Thomas Tasker, Francis Jenkins, William Dent, Thomas Smith, Edward Booth by, 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 at 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 Legacyes, 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, until the ſaid Freeſchool or Schools ſhall be actualy erected, founded, and eſtabliſhed. And upon the Truſt and Intention, That as ſoon 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 Incoms or Advantages whatſoever Reall or Perſonall, or as much as ſhall not be laid out and beſtowed upon building the 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 liuers of them ſhall Apply and Appropriate to the Uſe Benefit and Maintenance out of the Revenues or Incoms 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 Froeſchool, Maſter Uſher & Scribe, and the neceſſary Repairs and Improvements of the ſame, as to the 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 Grant 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 or 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 the 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 them, 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, nor 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 Year 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, Roctors 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 of the Inhabitants of the ſaid Province into the place or places of the ſaid Viſitors 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 ſaithfully 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, conſult and conſent 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 ſuch Freeſchool or ſuch part thereof as to them ſhall ſeem convenient, and ſhall and may from time to time puniſh any diſorders, breaches, miſdemeanors or offences of any Maſter, u her, ſcribe or ſcholars of any ſuch freeſchool or ſchools, againſt any orders, Laws or Decrees of the ſaid Governours & Viſitors aforeſaid, and if they find cauſe to alter, diſplace aad turn out any Maſter, Uſher or Scribe of any ſuch School or Schools, and put others in their Steads and Places as to the ſaid Roctors, 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 comon 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 or Incoms of any Manners, 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 Eaſterrn ſhoar 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 arrowing 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 Freeſcool 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 21ſt. day of September 1694. be and is hereby utterly repealed and made void.

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

Laws made at a General Aſſembly held at the Port of Anuapolis the 26th, Day of May Anno Domini 1697.

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 granted unto the reſpe live Pariſhes whereto they do belong certain parcels of Ground 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 Port of Annapolis the twentie th day of July Anno Domini 1696, Intituled an act for the ſ r •• ce of Almighty God & Eſtabliſhment of the •• roteſtant eligion, were thereby capacitated and impowered by the names of the principal Veſtryman and the reſt of his Brethren Veſtrymen of ſuch Pariſh to take and receive any Deed or Gift for the ſame, notwithſtandng the charges of the reſpective Pariſhes in building Churches or Chapels thereon is like to be loſt, or the Title thereunto very diſputable, for want of ſuch Deed of gift or Conveyance Inroled and Recorded as by the Act of Aſſembly is required, the firſt Dhnors or Grantors thereof being dead, and the Heirs of ſuch Donors or Grantors either refuſing to make over ſuch Land as aforeſaid, or under age not capable of ſo doing.

BE IT THE REFORE ENACTED by the Kings moſt Excellent Ma-jeſty 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 the Donors or grantors thereof in their Life times having not given any Deed of Gifr for the ſame, or otherwiſe refuſing ſo to do, and in confidence of whoſe promiſe the Pariſh 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 each 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 Precincts 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 perpetunm 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 adjacent two Acres and no more, which they ſhall cauſe to be Surveyed and ſtaked out, and make return of two Certificates thereof, one of which muſt be Recorded in the County Court, and the other in the high Court 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 within this Province have, or ſhall think convenient to place either Church or Chapel of Eaſe within their reſpective Pariſhes for the better convenieney 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, or being unreaſonable in his or their demands for the ſame, or otherwiſe incapacitated by non-age, non ſane memaria, or being beyond the Seas, that then 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 requirng him at a certain day and time to be by them nominated and appointed to impannel a Jery of ſubſtantial Freeholders next adjacent to the Land in quest aforeſaid, which ſaid Commiſſioners and Jury aforeſaid ſhall proceed in all things as by another Act of Aſiembly Intituled (an Act impowering the Commiſſioners of the ſeveral and reſpective Countys to take up and purchaſe Lands for their County Court Houſes) they are directed not exceeding two Acres, as before in this Act is mentioned and expreſt, any thing in this Act, or any other ordained to the contrary notwithſtanding.

An Act for the better 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 Husband.

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 built upon Land whereunto the Countys could make no legal Claim or Challenge, the Owners thereof either refuſing to make ſale, or otherwiſe incapacirated or ſo doing by reaſon of non-age, or being beyond the Seas, which evil if not prevented will be very prejudicial to ſuch Counrys 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 hold Courts on Lands whereunto the reſpective County can lay no juſt Title or Claim to as aforeſaid, do at or before the tenth day of April next enſuing meet at their teſpective Court Houſes (if 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 Artorney 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 beforementioned, 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 their demands, or other wiſe incapacitated to make ſale thereof by reaſon either of non-age, non ſane memoria or being beyond the Seas, that then and in every ſuch eaſe, it ſhall and may be Lawful for the Commiſſioners of the ſaid ſeveral and reſpective Countys by virtue of this Act to iſſue out Warrants to the reſpective Sherrifs thereby commanding & impowering them to impannel a jury of ſubſtantial freeholders within their reſpective Precincts at a certain day and time to appear before the ſaid Commiſſioners on the Lands aforeſaid, which jury upon their Oaths to them firſt adminiſtred by the ſaid commioners are to inquire into the true value of ſuch and ſo much of the ſaid Land as by the Commiſſioners they ſhall be directed not exceeding three Acres aforeſaid, and to aſſeſs ſuch damage and recompence for the ſame as they ſhall think fit 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 is to be ſent to his Excellency the Governour & Council of this Province for the time being, the other to be Recorded within the ſeveral and reſpective County Court whereto they properly belong, ſhall be a perpetual Barr to the Claim or pretenſion 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 heirs executors or aſſigns for ever. And the damage or recompence by the ſeveral and reſpective jury's awarded for and in 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 or others Lawfully intituled to the damage thereof, to be leavied and aſſeſſed in ſuch method and manner as in this Act is before mentioned and expreſſed. And for the better aſcertaining the bounds of the ſaid Land ſo purchaſed or taken up for the uſe of the Countys aforeſaid, it ſhall and may be Lawful to and for the ſaid Commiſſioners who are alſo hereby impowered & required to iſſue out Warrants to his Majeſty's Surveyors of the reſpective Countys whereto they belong to appear at ſuch day and place to be by them appointed as aforeſaid, then and there to ſurvey and lay out in the preſence of the jury 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 Locuſt Poſt, or other durable Wood to be ſix foot under ground at the leaſt, and five foot above, as alſo ſuch and ſo many Poſts within the Angles aforeſaid, as may be diſcovered from one to the 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 by them made as 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 in 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 either imbezled or caſually loſt, be and remain to the uſe of the County for ever as 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.

Theſe following Laws were made the 3 d. day of April 1698. viz.

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

An Act aſcertaining the Bounds and Limitts of Ann-Arundel and Baltemore Countys.

WHEREAS by an Ordinance of Aſſembly Anno Domini 1696. was 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 Gent' 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 Gent' appointed, that in obedience to the ſaid Ordinance they have made a perfect diviſion of the ſaid County in manner and form following, beginning at three marked Trees, viz. a white Oak, a rod Oak and a Cheſnut Tree ſtanding about a Mile and a quarter to the Southward of Bodkin Creek on the Weſt ſide of Cheaſapeak Bay, the marked red Oak on the right Hand for Baltemore County, the Cheſnut Tree on the left Hand for Ann-Arundel, the white Oak in the middle, they ſtanding near a Marſh and and Pond, and running thence Weſt until it croſs the Road from the Mountains of the mouth of Maggaty River to Richard Beards Mill, then continuing Weſtward with the ſaid Road to William Hawkins path to two marked Trees the one for Ann-Arundel County & the other for Baltemore County, thence continuing along the ſaid Road to John Locketts path to two Trees for the end and purpoſes aforeſaid, the leaving the Road by a Line drawn Weſt to William Slades path to two marked Trees as aforeſaid. thence continuing Weſt between the Draughs of Maggaty and Potapſco Rivers, until it come to a Mountain of white Stone 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 Weſt North Weſt to Elk Ridge 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 Baltemore County, and that all the Land and Inhabitants from the ſaid diviſion Lines, Trees and Land Marks on the 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, and 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 Executrix of George Norman to make over two Tracts of Land 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

Laws made at Annapolis the 20th. day of October 1698.

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 ſame.

IT Being most juſt that the Indians, the ancient Inhabitants of this Province, ſhould have a convenient dwelling place in this their Native Country, free from the incroachments and oppreſſions of the Engliſh, more eſpecially the Nanticoke 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 urgeſies and Delegates of this preſent General Aſſembly therefore 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 & the Authority of the ſame, that all the Land lying and being in Dorcheſter Coanty, and on the North ſide of Nanticoke River, butted and bounded as followeth beginning at the mouth of Chickacoan Creek and running up the ſaid Creek bounded therewith to the head of the main branck 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 Fork of Nanticoke known by the name of Francis Anderrons branch, and from the head of the ſaid branch down the ſaid Andertons 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 lawuſuage cuſtom or grant to the contrary in any wiſe notwithſtanding, to be held of the Lord Proprietary and his Heirs Lords Proprietarys, or Lords Proprietarys of this Province; under the yearly Rent of one Beaver Skinn to be paid to his ſaid ordſhip and his Heirs as other Rents in this Province by the Engliſh uſed to be paid.

Provided allways, that it ſhall and may be Lawful for any perſon or perſons that hath formerly taken up and obtained any Grants from the Lord Baltemore for any Tracts or parcels of Land within the aforeſaid boundarys upon the Indians deſerting or leaving the ſaid Land, to enter, occupy & injoy the ſame, 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 taken 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 healing 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 St. Marys County, whoſe healing quality has been experienced by many impotent & diſeaſed perſons to their great help and comfort, and 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 firſt had of all ſuch poor imponent perſons as repair thither for cure, & for that purpoſe, or other ſuch charitable or pious uſes, a ſmall Tract or parcel of Land near adjoyning to the ſaid Fountains may be purchaſed, thereon to build & crect Houſes for the entertainment of the ſaid poor, and Fuel for Firing and other ſuch neceſſary's for their Relief, the Delegates of this preſent General Aſſembly therefore pray 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 perſons hereafter named may and are hereby appointed Truſtees for and on behalf of this his Majeſty's Province 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 adj yning 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 Bayne and Mr. Benjamin Hall of Charles County, or any three of them be and are hereby impowered, authorized and appointed Truſtees as aforeſaid, with ſuſſicient power given them, whereby to enable 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 Acres of Land or under convenient as aforeſaid, and leaſt prejudicial to the Owners thereof.

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

And Be it Fnacted by the Authority aforeſaid, that if the perſon or perſons in whom the right or property of the ſaid Land is, ſhall refuſe to make ſale thereof, or any other Logal impediment ſhall diſable him or them from making a good ſure firm and indefeazable Right and Title to the ſaid fifty Acres of Land or under, that then the ſaid Truſtees before mentioned ſhall call to their aſiſtance the high Sherrif of St. Marys County aforeſaid, who is hereby authorized and impowered to Summon and Impannel twelve good and lawful Men Freeholders of St. Marys county aforeſaid, who upon their oaths ſhall value the ſaid fifty acres of land or under according as it ſhall be ſurveyed or laid out to which purpoſe theſaid truſtees are hereby authorized and impowered to call to their aſiſtance the Kings Survey or 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 punchaſe of the ſaid fifty Acres of Land or under, ſhall by an equal aſſeſſment upon the Inhabitants of this Province be leavy'd and paid to the owners or other perſons by them appointed to receive the ſame, and that all and whatfoever the ſaid Colonel John Courts, Thomas Brook Eſq Capt' James Keetch, Capt' Jacob Moreland, Capt' Phillip Hoskins, Capt' John Bayne and Mr. Benjamin Hall Truſtees as aforeſaid, or 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 valid in Law, and that the ſaid Truſtees be and are hereby indempnified and ſaved harmleſs 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 in entitle William Courſey and Elizabeth his Wife, or the Survivor of them to ſell and acknowledge ſuch Land as were left by Colouel Vincent Low to be ſold for the payment of his juſt Debts.

At a Seſſion of Aſſembly begun and held at the Town and Port of Annapolis June the 27th. and ended July the 22 d. in the XI. Year of the Reign of our Sovereign Lord King WILLIAM the III. of England, &c. Anno que Domini 1699. his Excellency NATHANIEL BLAKISTON Eſq being Governour &c. were Enacted theſe following Laws.

An Act prohibiting Trade with the Indians for any Fleſh dead or alive except Deer and Wild Fowle.

WHEREAS ſundry complaints have been made by ſeveral Inhabitants of this Province, alleadging that the Indians under pretence of killing wild Hoggs, do hunt and drive away their tame Hoggs & Cattle, 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 ſhall buy trade or barter with any Indian or Indians whomſoever for any fleſh dead or living, except Veniſon, 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 them that ſhall Sue for the ſame, the ſaid Fine 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 and Regulation of the County Court. 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 the Statute Books of England to this time, and Daltens 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 kept in their ſeveral 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 the 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 Fines as they ſhall think 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 tranforibed by their ſeveral County Clarks and at every the County Courts ſet up at the Court Houſe Door that all perſons may view and peruſe the ſame, & regulate themſelves accordingly.

And Be it Enacted by the Authority aforeſaid, that where any Judgment is had in any County Court for any matter or thing whatſoever, & after ſuch Judgment is had and obtained the party againſt whom the ſame is had many times flies into another County out of the juriſdiction of the ſaid Court, it ſhall and may be lawful for the Plaintif to procure a Certificate from the ſaid Juſtices of ſuch party's flying, and thereupon the Juſtices of the Provincial Court ſhall award Execution againſt the Body or Goods of the ſaid party, any Law Statute or uſuage to the contrary in any wiſe notwithſtanding.

And Be it further Enacted by the Authority aforeſaid, that any Bills Bonds or other Specialty's Book debts or Accounts proved before two Juſtices of the Peace of any County, or one Juſtice of Provincial Court, and juſt Credit given to the ſame, and that the Ballance thereof is wholly due and unpaid, and certyfied under the hands of the ſaid Juſtices ſhall be ſufficient evidence, as well in the Provincial as County Court within this Province; any Law Statute or uſuage to the contraty notwithſtanding,

An Act impowering Benjamin Williams Adminiſtrator de bo is non Adminiſtratis of Joſeph Williams late of Baltemore County deceaſed, to fell a certain Tract of Land in Caecil County on Saſſafrax River late the Land of the ſaid Joſeph Williams called by the name of Tibauld, and containing about three hundred Acres 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 ver •• e of an set for raiſing a ſupply towards the deſraying the publick Charge of this Province.

An Act aſcertaining what 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 ſame, 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 Money whatſoever, payable in England or elſe where, and brought in here preteſted more than the Sum of twenty pounds per Cent' damages over and above the debt Sued for and Recovered, together with ordinary Coſt of Suit, any Law Statute Uſuage or Cuſtom to the contrary notwithſtanding.

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

WHEREAS there hath divers great Complaints from ſeveral Party's of this Province to this General Aſſembly, of ſeveral Sherrifs, Subſherrifs 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 & craſtily 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 this Province after the publication of this Act in their ſeveral and reſpective Countys wherein they dwell, ſhall take any Bond, Bill or any other Writing Obligatory of any perſon or perſons upon any pretence whatſoever without endorſing the Account on the back of the ſaid Bond, Bill or Writing Obligatory for whih the ſame was paſſed, and if any Sherrif, Subſherrif or deputy Commiſſary within the Province, ſhall during the time that he remain in his place or Office, upon any pretence whatſoever take any Bond, Bill or Writing Obligatory without endor •• g the Account on the back of the ſaid Bill, Bond or Writing Obligatory as aforeſaid by which it may appear upon what conſideration the ſame was taken, the ſaid Bill, Bond or Writing Obligatory ſhall be void and of no Effect, and the Officer or Officers that took the ſame ſhall looſe his debt, and for ever be debarred of Suing another Action for the recovery of the ſame, any Law Statute or Uſuage to the contrary in any wiſe notwithſtanding. And that whereas the ſaid Officers are prohibitted from taking Bills upon any pretence whatſoever during the time they remain in Office to the Intent the ſaid Officers may receive no damage by the Act of Aſſembly for Limitation of Actions.

Be it further Enacted by the Authority aforeſaid, that the time the ſaid Officers remain in Office ſhall not be reckoned or accounted in the Act of Limitation, & that whereas it hath been the practice of ſeveral sherrifs of this rovince 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, he ſhall be liable to the pains and penaltys of a certain Act of Aſſembly for Settling Officers Fees.

An Act for Amerciamonts in the Provincial and County Courts.

WHEREAS many Suits are ariſen upon frivelous occaſions by letigiperſons, for prevention where 〈◊〉 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 caſt in any Cauſe, be they Plaintif or Defendant, ſhall be amerced beades 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 fit 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 Amerciaments, 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 Liſt 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 burthened by Executions laid upon them for Tobacco in Summer time, when it is not portable for them to procure Tabaco 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 prevention whereof 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 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 in any year during the continuance of this Act for any debt or debts, or upon any Action, udgment or udgments ued, had or Recovered again the inhabitants of or within this Province, in the Provincial or in any of the County Courts within this province, for any cauſe matter or thing whatſoever, Proviced ſuch perſon or perſons again, whom any ſuch Judgment is obtained, together with two other perſons, ſuch as the Juſtices ſhall approve of, come before one Juſtice or more of the provincial Court, or before the Mayor Recorder or any two of the •• ermen of the City of t. Marys, or two Commiſſioners of the ort of A •• ap •• , or two Juſtices or more of the reſpective County Courts where ſuch Judgment is obtained as aforeſaid, and 〈◊〉 all confeſs judgment for his debt and coſts of uits adjudged, with ay of Execution till the tenth day of October then next following and thereof procure Certificate under the hand of the ſame Juſtice or Juſtices before whom the ſaid udgment ſhall be confeſſed, and ſuch Certificate ſhall be a ſufficient Superſedeas to the Sherrif to forbear ſerving Execution upon the Body or oods of the perſon ſo obtaining ſuch Certificate, and if the perty 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 friſon 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 firſt 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 confeſt as aforeſaid without any Scire Facias or any other delay againſt either the Principle or the Securetys, or all or either of them for 〈◊〉 judgment ſo confeſt as aforeſaid, any Law uſuage or cuſtom to the contrary in any wiſe notwithſtanding.

An Act impowering the Veſtrymen &c. to aſſeſs their Pariſhoners for finiſhing and reparing of Charc es.

WHEREAS by an Act made at a Seſſion of Aſſembly begun and held at the Port of Annapolis the ninth day of uly in the Year of our Lord 1696 int uied An Act for the Service of Almighty God and the Eſſabliſhment of the rote and Religion within this Province, among other things is contained, in the xth Article that the ſeveral Veſtrymen of ea h reſpective Fariſh ſhall within twelve Months after the publication of this Act, provide at the charge of the pari fair Regiſter Books of paper or parchment, the which the ſaid Regiſtor ſhall keep & therein ſhall eg •• er & fairly enter in writing the publication of all Marriages, Births of Children, Baptiſms urials &c.

And further in the ſaid Clauſe it is Enacted, that if the Veſtrymen aforeſaid ſhall fail 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 Veſtrymen ſhould aſſeſs their Pariſhes for the pucha ng of the ſaid Pegiſter 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 ole 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 Ropair, and no Rule is provided (by the aforeſaid Act) by which the ſeveral ariſh Churches ſhall be finiſhed and kept in Repair. to the end therefore that the ſaid Veſtrys may be ſupply'd with ſuch Sum or Sums of Tobaco as ſhall be requirt & neceſſary to purchaſe writing Books & other neceſſary & uſeful Books for their better direction and guide in their Proceedings as alſo for repairing their Churches or other Parochial Charges, it is prayed 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 ſame, that when and as often as the neceſſity of each reſpective Pariſh ſhall require ſuch Repairs or Supply's, the Veſtrymen and Church Wardens thereof ſhall apply themſelves to the juſtices of the County Court at the time of the laying the County Leavy, who upon the neceſſity appearing to them, ſhall and are hereby impowered to raiſe by an equal aſſeſſment by the Pole on the Inhabitants of ſuch reſpective pariſh ſuch Sums of Tobacco, as by the ſaid Juſtices ſhall be adjudged neceſſary to ſupply the occaſions aforeſaid over and above the County leavy, not exceeding the Sum of ten pounds Tobacco per Pole in one Year, which Sum ſo raiſed ſhall be collocted and gathered by the Sherrif of the ſame County. and paid to the Veſtrymen of ſuch reſpective Pariſh or Pariſhes, who ſhall at the next County Leavy or ſooner if they can, give a true account to the ſaid Juſtices how and for what they have laid out and beſtowed the ſaid Tobacco ſo raiſed, any Law Statute or Uſuage to the contrary in any wiſe 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 forth 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 ſatifie 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 inſeriour Court of Record to the Provincial Courts wherein the debt or damages recovered do not mount 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 and Conſent afereſaid, that the method and rule for the proſecution of Appeala and Writts of Error ſhall for the future be in manner & form as is hereafter mentioned and expreſt, that is to ſay, the party appealing or ſuing out a Writt of Error as aforeſaid, ſhall procure a Copy or Tranſcript of the full proceedings of the ſaid Court from whence ſuch Appeal ſhall be made, or againſt whoſe Judgment a Writt of Error ſhall be brought as aforeſaid, under the Hand of the Clerk of the ſaid Court & the Seal thereof, & ſhall cauſe the ſame to be tranſmitted to the Court before whom ſuch Appeal or Writt of Error is or ought to be heard, tried and determined as aforeſaid, and alſo in the ſame Court file in writing according to the Rule of the ſaid Court, ſuch error in the proceedings as the Plaintif in the Writt of Error ſhall think fit to aſſign, or ſuch cauſes or reaſons as he or they had for making the ſaid Appeal, or ſuing out ſuch Writt of Error as aforeſaid; upon which tranſcript the ſaid Court to whom ſuch Appeal ſhall be made, or before whom ſuch Writt of Error ſhall be brought as aforeſaid, ſhall proceed to give Judgment.

And Be it Enacted by the Authority aforeſaid, by and with the Advice & Conſent aforeſaid, that all Appeals made in manner aforeſaid, ſhall be admitted and allowed of by the ſuperiour Court to whom ſuch Appeal ſhall be made as aforeſaid in nature of a Writt of Error, and that every Clerk of a Court ſhall at time of the ſitting of that Court to which they reſpectively belong, and when any Appeal ſhall be demanded to enter a Memorandum of ſuch demand, as well in his or their Journal as in the fair Records of the proceedings of ſuch Court, & that no Clerk of a Court do refuſe or delay upon the requeſt of any Appellant as aforeſaid, to write and make out a tranſcript of the whole proceedings as aforeſaid, under his Hand and the Seal of the ſaid Court as aforeſaid, upon penalty to pay the reſpective damages which ſuch Appellant ſhall ſuſtain by ſuch refuſal or delay as aforeſaid, the ſaid party paying or ſecuring to be paid ſuch reſpective Clerk his juſt Fees for the ſame according to Law.

And be it Enacted by the Authority aforeſaid, that theſe Officers hereafter mentioned ſhall have no other Fees than are hereafter mentioned, that is to ſay for a Writt of Error to the Secretary fifty pounds of Tobacco, and to the keeper of the Seal for the Seal thereof one hundred and twenty pounds of Tobacco, for a Superſedeas to the Secretary fifty pounds of Tobacco, and to the keeper of the Seal one hundred and twenty pounds of Tobacco, for a Scire Faces ad audiendum Errores 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 and in every 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 proſecuted before the Governour and Council and not afterward, and that all ſuch perſons as conceive themſelves grieved by any Decree in Chancery ſhall be at liberty to exhibit his Prayer to the Governour and Council to review and examin the ſame, and that the Judgment Sentence or Decree of ſuch Court of Review ſhall be final as aforeſaid, unleſs as aforeſaid the original Debt or Damages ſhall exceed three hundred pounds Sterling, or ſixty thouſand pounds of Tobacco as aforeſaid; then & in 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. Merys the 21ſt. day of September Anno Domini 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 time any thing in the ſame Writt, any other former Law or Practico to the contrary notwithſtanding. And for that it may ſo happen that the Governour of this Province for the time being may hereafter be concern'dl in an Apapeal made, or Writt of Error brought from the Judgment of the Provincia and County Court to the Governour and Council aforeſaid, or he otherwiſe indiſpoſed or abſent.

Be it therefore Enacted by the Authority aforeſaid, by and with the Advice & Conſent aforeſaid, that it ſhall and may be ſufficient in every ſuch caſe for the Council onely to hear and determin ſuch matters of controverſy, whereof the firſt of the Council in Commiſſion being then preſent ſhall preſide, whoſe Judgment thereupon ſhall be definitive, except before excepted, in as full & ample manner as tho' the ſaid Governour were then actually preſent and preſiding, 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 Revennue on the Sherrifs for defraying the charge thereof.

FOR AS MUCH 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 & Pacquets, 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 laid 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 Eaſtern Shoar to Kent Iſſand, & 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 Sherrff of Dorcheſter County eight hundred pounds af 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 Sherrtf 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 accrew 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 or Pacquets ſhall forfeit & pay unto his Sacred Majeſty for every ſuch offence the Sum of five hundred pounds of Tobacco, one half to the Informer or him or them that will Sue for the ſame, to be imployed for the defraying of the County charges where any ſuch neglect ſhall happen, to be recovered in any of his Majeſty's Courts of Record within this Province, by Action of Debt, wherein no Eſſoyn Protection or Wager of Law to be allowed.

And Be it further Enacted by the Authority aforeſaid, that all ſuch publick Letters and Pacquets be indorſed for his Majeſty's Service, & with the perſons name that ſends them, and if any perſon or perſons ſhall at any time after the publication of this Act, 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 be recovered in manner aforeſaid.

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

FOR AS MUCH 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 peace 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 reimburſed 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 taxable perſons of the ſaid ſeveral Countys; any Law Act cuſtom and uſuage heretofore had and made to the contrary in any wiſe notwithſtanding.

Provided always that the accounts of the ſaid County charge be 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 he is 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 need ſhall require at the diſcretion of the Juſtices of the County Courts, & for the better aſcertaining what is or ſhall 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 heir reſpective Countys and appoint Overſeers of the ſame, and that no preſon whatſoever ſhall alter or change any ſuch publick Roads without the leave or licence of the Governour and Council or Juſtices of the County Courts, upon penalty of five hundred pounds of Tobacco; & if any Overſeer ſo appointed ſhould neglect to clear the Roads ſo as aforeſaid, he ſhall be fined five hundred pounds of Tobacco in Cask, and every Labourer that ſhall refuſe to ſerve and obey the Overſeer, and every Maſter of Servants that being Summoned or warned ſhall refuſe to ſend all his taxable Male Servants to the Overſeer aforeſaid, he or they ſhall be fined, that is to ſay, every Labourer one hundred pounds of Tobacco, & the ſaid Maſter for every Servant warned and not ſent one hundred pounds of Tobacco, and the Clerk of the County is hereby obliged to iſſue out 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 Officio, on penalty of ono thouſand pounds of Tobacco in Cask, the one half of all which Fines 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 ſhall 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 Wager of Law to be allowed And that all Roads that lead to any Ferrys, 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 leades there at 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 ſo with two notches all along the Road, and where at 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 Eaſtern Shoar in Talbot County that leads to the Port of Williamſtadt, at the entring into the ſame, and upon parting with or dividing from any other Road ſhall be mark'd on the face of a tree in a ſmooth place out for that purpoſe with the letter W, and ſo with two notches all along the road, and the roads that lead to any County Court Houſe 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 roads ſhall be marked with three notches of equal diſtance at the entrance into the ſame; and theſe 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 perform 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, as 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, be 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 and 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 he 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 all Fences which are intended or deſigned to incloſe Corn ground or preſerve Corn there planted, ſhall be at the leaſt five foot high quite round the Field well and ſufficiently made, in the judgment of two indifferent Men viewing the ſame when any treſpaſs is committed, and in caſe any horſe, mare or cattle ſhall leap over or break down any ſuch Fence as aforeſaid thereby getting into ſuch ground, that then the owner of ſuch horſe or horſes, mare or mares, or cattle ſhall be liable to an action 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 uſtice 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 ill 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 cofeſſion, 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 gelding, or any other Beaſts ſhall happen to get into any Corn Field, Wheat or Oat ground ſo incloſed with ſuch a Fence as is above mentioned, the owner of ſuch ground as aforeſaid ſhall be obliged the firſt ond ſecond time ſuch Beaſt 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 parrys grieved 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 in writing, and the ſame to afix and ſet up at the moſt publick place within the County where ſuch damage as aforeſaid ſhall happen to be done 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 ſhoot kill or deſtroy upon his her or their poſſeſſion as aforeſaid any beaſt or beaſts as aforeſaid, any Law Stature 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 Woolf's head ſhall be brought, ſhall cut out or cauſe to be cut out the Tongue, & cut or cauſe to be cut off the Ears of the ſaid Woolf's head, to prevent the deceit of twice or oftner paying the ſame,

And Be it likewiſe Enacted by the Authority aforeſaid, that it ſhall and may be lawful to and for the ſeveral Juſtices of the ſeveral and reſpective Countys with in this Province, and they are hereby authorized, impowered & required yearly, and every year during this Act, at the time of the laying the County Leavy, to raiſe and aſſeſs by an equal aſſeſſment upon the taxables of the ſaid County ſuch Sum or Sums of Tobacco as to the Juſtices of the ſeveral and 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 ſame 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 Revennue on his Majeſtys preſent Governour.

WHEREAS his moſt Sacred Majeſty out of his Royal Bounty and Princely 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 Province of Maryland, to whom we his Majeſtys moſt Loyal Subjects yeild all due obedience as by his Royal Commiſſion we are obliged, and the better to demonſtrate our moſt humble gratitude, and to ſhew the good reſpects we have for and towards the ſaid Colonel Nathaniel Blakiſton our preſent Governour, and the great hopes and expectation we have of his Excellencys good Government over us, we moſt humbly 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 keretofore 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 nf 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 fit 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 aſcertaining the bounds of Land.

WHEREAS at the firſt taking up of Lands in this Province, neceſſity conſtrained his Lordſhip to commiſſionate ſuch perſons to be Surveyors as was but very meanly skilful in the Art of Surveying, and for the windings, courſes and turnings of the ſeveral Rivers, Rivolets Creeks and Coves many times by theſe Branches folding one in another were unknown to the Surveyors, nor for fear of the Indian Enemy then numerous and ſtrong, darſt they ſtay on Shoar to examin the windings and courſes aforeſaid, but marking ſome trees by the ſides of ſuch Rivers 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 meets 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 annexed 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 pray 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 ſame, that if any Man or his Aſſigns hold a tract of Land lying in the woods, and from his firſt or other markt tree or 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 Sream or certain Bed of a Channel if the courſe directs thereto and the number of perches fall ſhort thereof, in ſuch and the like caſes, if adding fifty per cent. thereto will reach the ſaid Bay River, Creek, Branch or 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 dam or Run of the ſaid Branch, which are, or ſhall be expreſt in ſuch grant, ſuch interſection ſhall be deemed 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 &c. expreſt in the ſaid grant, & ſuch certain number of perches give the quantity of Land, which by conditions of Plantations 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 then 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 any 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 run 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 markt tree to which as an undevidable prick the 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 line which leads to it, the owner of ſuch Land ſhall hold that ſurpluſage againſt any latter taker up, that is to ſay all between the ſaid trees againſt the Lord Proprietor, paying Arrears of Rent at two pence per pound in Tobacco, but if the fifty per cent. will not attain the ſecond tree, it is out of meaſure unreaſonable, and then the owners of ſuch Land ſhall be concluded by his preiſe number of perches as if he never had any ſecond markt tree, and if in either the former caſes, or any other caſe where thh aforeſaid fifty per cet. will attain the ſecond tree, ſo as by this Act the owners may hold the ſurpluſage, the ſecond line is drawn from the ſecond tree the juſt length, as 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 Eaſt one hundred and ſixty perches the juſt length, then from the end of the ſaid Eaſt line, a line is drawn South one hundred perches 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 tke 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 ſynonimous expreſſions with a ſtreight line to the firſt bounded Tree, ſuch ſtreight line ſhall be the bounds thereof, altho the third line be not of equal leogth 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 firſtt tract ſhall pay him his reaſonable 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 it have built thereon, he ſhall not be lyable to an Action of Treſpas, but if in caſe the owner of the firſt Tract do not agree with him about paying him for his improvement, then the taker up of the gore ſhall fot the improvements ſake hold it ſuch a number of years, not exceeding fourteen years to come as a Jury of of Reſurvey ſhall adjudge, and this all to be required, & the number of years to commence when the owners of the firſt tract ſhall by a Jury reſurvey and aſcertain his bounds according to this Act.

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 declines 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 is North one hundred perches to the branch creek or river and the other Weſt one hundred and ſixty perches and then South one hundred perches, and then Eaſt, or on a ſtreight line to the firſt markt tree, he ſhall run from his firſt tree Weſt 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 hold 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 fide 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 pir 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 lie 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 make the breadth of the Land within fifty per cent', there the ſecond line ſuppoſing eaſt ſhall be drawn from the ſecond tree the certain number of perches, ſuppoſing one hundred and ſixty and from the end thereof South, till it interſect a line drawn alſo Eaſt from the firſt tree, tho' the ſaid Eaſt line laſt mentioned be more or leſs in this caſe than fifty per cent. over or under, and from that interſection a line drawn Weſt to the firſt tree, the water the weſt and the South Line ſhall be the bounds of ſuch tract, and all ſuch tracts in caſes parallel, becauſe that generally takers up of ſuch backward Land 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 on acted, ſo if it ſhould be other ways enacted it would make a general confuſion in all backward lands, bounded firſt upon the frontier tracts, and then one upon another, 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 land 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 the tract ſhall be confined by ſuch bounds, as ſuppoſing the firſt line be north fifty perches, & then north eaſt or north north eaſt or the like eighty perches, and ſo parallel, and yet the owner ſhall be contented, & all latter Surveys adjoyning to ſuch lines ſhall be good as in the ſeaventh example.

And if any Man have a greater number of perches given him in length or in breadth by expreſs words, then he ought to have, yet he ſhall hold the ſame againſt any latter taker up, and againſt the Lord Proprietor rendring Rent, as ſuppoſe north fifty perches, then eaſt eighty perches, and ſo lines parallel 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' lines or courſes or number of perches be not rightly expreſt to conclude the ſame againſt any latter taker up, & againſt the Lord Proprietor rendring Rent, if his Lordſhip ſhall for diſcovery of ſuch Rent cauſe the ſame to be reſurveyed, and his Lordſhip his Heirs or Succeſſors ſhall not for any Surpluſage intirely damn or confound any Pattent upon pretence of being deceived in his grant or any other pretence, becauſe every Man had land granted him in conſideration that by performing conditions of Plantations it was due to him, except where his Lordſhip hath granted any Lands ex mero motu de gratiae ſpecialia

And whereas by this Act it is provided that if any Man hold fifty per cent. above his number of perches betwixt his known bounds he ſhall maintain the ſame againſt any latter taker up &c. and will not reſurvey his land in due time, but that the Lord Proprietor grant the Svrpluſage to another, yet if the firſt taker up have ſeated his Plantation and made his improvement after the certain number of perches is determined, yet the Surpluſage ſhall not be ſaid to be there only after ſuch determination of ſuch number of perches, hecauſe after the Surveyor hath once by deſcription as it were ſhapt the land it is then all granted at once uno flatu, & the Surpluſage ſhall be aſſigned by a Jury intirely to lie together, but to the leaſt detriment of the firſt Grantee.

And if a certain number of perches in any caſe be preſcribed to run by a Creek, River or Branch ſide, and no markt tree nor certain courſe expreſt, the ſaid number of perches ſhall not be ſpent away by the ſeveral windings of the River Creek or Cove but brought to a ſtreight line of that length, or elſe be regulated by the other courſes as 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 out 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 Bed or Channel of a Stream continuing to the end of the line, 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 lands betwixt the creek and the line before it comes to ſlant over the branch creek or cove ſhall be added and taken 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 or down the ſaid River, Creek, Branch or Cove to another markt tree at the mouth 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 line and courſe preſcribed ſhall be run out, and from the end of that line ſhall be drawn a line revent 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 reſt of the bounds ſkall in ſuch caſe be aſcertained by the fourth 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 cove, and the ſaid creek winds away Eaſt North Eaſt, the eaſt line of the one hundred and ſixty perches ſhall be run out, and if 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 interfects 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 the 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 eye witneſs cannot be had, there traditional widence 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 differing 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 the 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 lined trees upon the points or capes of his tract which do not very exactly agree in courſe or diſtance, and yet by good evidence prove his exteriour bounds, and the whole neck as 'tis commonly called or Penninſula be granted to him, there all things ſhall be favourably interpreted, to his holding the whol neck 'gainſt any later taker up alrho' he hath built & improv'd, becauſe tis unreaſonable a 2 d. taken up for a ſmall skirt of land ſhall have the ſame advantage of range as the other, but yet if the ſecond taker up be ejected, the firſt ſhall not have any action of treſpaſs 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 conſideration of the reaſonableneſs of the matter, and that is humbly prayed to be thus 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 tract mentions not any tree markt for the uppermoſt or lowermoſt bounds thereof, in all ſuch caſes the ſecond tract ſhall begin 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 raking 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 its 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 & determin'd.

If a tract of land be deſcribed to lie 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 the firſt line is drawn from the river &c. into the woods from the river &c. and there are other courſes preſcribed, and at laſt come to the river &c. yet if any of the former courſes come to the river branch or coye, the courſes ſhall there determine, and thence by the water be bounded and ſhall not paſs over, but the owner ſhall be content with what land is between 〈…〉 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 & to run a certain courſe expreſſing no certain number of perches till it inſerſect another tract of land, which courſe goes clear from ſuch lands, and no determinate number of perches to limit the lines tis a 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 cover &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 or cove, and on the other ſide thereof, the beginning on the other ſide ſhall be adjudged to be right oppont to the ending of the firſt ſide, except there be a markt tree expreſt on the ſecond ſide to regulate that part otherwiſe.

If one tract of land be ſo laid out, and the one part of it lies 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 tract 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 meaſures it, but the grant is uno ftatu all at once of every part of it, and if any manamarkt tree or trees ſtand within another mans lands, the owner of the ſaid land in whoſe 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 plant other ſufficient Locuſt or Cedar poſt on ſtone or ſtones in 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 be recovered by Action of debt &c.

And it is hereby made lawful for every Men having ſuch tree or trees within another Mans land, and having ſpecial Warrant of Reſurvey, or order of Prvincial or County Court for reſurvey of their land to aſcertain his bounds having asked leave, & being denied with Surveyer, Jury witneſſes & chain carriers go on ſuch land, whereon or wherein his markt tree ſtands, and from ſuch markt tree meaſure his courſe and diſtance required, provided he make all fences as good and tight as they were found, and that he nor any along with him in meaſuring the ſame do not manifeſt damage, detriment or harm to the owner of the land where on they go or if accidentally any damage happen, that then in ſuch caſes he proſſer and within three days make reparation and amends.

And Be it Enacted by the Authority aforeſaid, that no Man ſhall have ten per cent. given him to the preciſe number of perches, except it be by 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 bounds he ſhall not take ten per cent. to the damage of any latter Survey, but if the latter Survey begin off from the firſt Survey and run towards it and there be ten per cent. betwixt the end 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 on each other no third perſon ſhall take up or hold any land betwixt them.

And Be it Enacted by the Authority aforeſaid, that if any Man hold land by a river or creek ſide, yet ſo as there lies marſh betwixt the firm land and the river, ſuch adjacent marſh ſhall not 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! and is bounded by, except in Somerſet County, and upon Dellaware and the Ocean.

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 individable point 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 that 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 in 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 the errors of ſuch ſurveys was in the misplacing of trees, yet ſo if any ſecond taker up hath begun at any the aſ reſaid deſerted trees and run lines parallel to the firſt taken up lands, & that by this regulation, ſome part of the land of the ſecond taker up will now fallwithin the lines of the firſt taker up, in ſuch caſe the firſt taker up ſhall have o Action of I reſpaſs againſt the ſecond taker up for any ſuppoſed treſpaſs within his lines which he could not have had before, but on the contrary, if the ſecond taker up hath made any improvement on the land now to be taken away he ſhall hold his improvement and all the land that falls 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 one tenus determin the matter.

And whereas this may occaſion that ſome land may lio clear by or about theſe deſerted rrees or otherwiſe, in ſuch caſes the Jury, or the major part of them ſhall determin 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 Warrant, 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 after ſhall take up any the land ſo aſſigned, and if they do it ſhall be of no effect, not ſhall any grant for the ſame upon any ſuch ſurreptitious Survey be of validity in Law, and if the firſt taker do not within a year and a day after the publication of this Act in the County where ſuch land lies reſurvey his land and aſ •••••• his bounds, that then after one year and a day expired the ſecond taker up (may if he pleaſeth) for certainty ſake cauſe the ſame to be done at his own coſt and ••• ges. And Be it Enacted &c. that the Juſtices of each reſpective County Court may grant a Warrant of reſurvey and a ve ire for a Jury if required when the reaſon of Reſurvey is onely aſcertaining of bounds, according to this Act, the petitioner paying only to the Clerk ſixteen pounds of Tobacco for his Warrant, and thirty pounds of Tobacco or two ſhillings ſix pence to the Commiſſioners towards ſupporting their expences, and where the Warrant of reſervey is granted as aforeſaid there the Survey or ſhall have only ſuch ſees as in a pr •••• itive Survey, any Law Statute or Cuſtom to the contrary notwithſtanding. And ſhall certifie that by vertue of ſuch Warrant be hath reſurveyed a tract of land called A at firſt laid out for B deſcribed to lie and be bounded as followeth, (here the ſcituation and bounds of land to be expreſt) and that he hath reſurveyed and regulated the ſame according to the firſt ſecond or other example of the Act for regulating and aſcertaining &c which certificate with a ſair platt ſhall be return'd to the Examinor of the County, and being approved by him to the County Clerk to be recorded, and to that end Be it Enacted that the Governour for the time being may conſtitute & apoint one diſcreet perſon to be Examiner of the ſaid County and to do therein as to ſuch Office belongs &c. taking for his fees 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 and 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 extend 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 he 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 ſeem to have been formerly ſurvey'd, but there 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 pretence 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 in aw to the altering 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 quality 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 manifeſtly ſo proved and adjudged, notwithſtanding if any man have well known trees by the water ſide markt for his breadth of land, and hath ſeated, improv'd and paid Rent, & quietly for ſeaven years injoyed the land 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 pattent to begin at one of the ſaid trees and run to the other, but the line preſcribed runs directly contrary (that is to ſay) in running up the ſaid river creek &c. inſtead of down the river creek &c. or down inſtead of up to the ſecond tree, and leave out the intended land where ſuch miſtake is manifeſt, and the firſt taker up hath as aforeſaid ſeated and improved betwixt the ſaid trees, and never claimed other land by vertue of that grant, but the land betwixt the ſaid trees the firſt taker up ſhall injoy it as if no ſuch miſtake had been, and if there be any other errors in his back lines it ſhall be regulated as in like caſes is before expreſt for other land, and the ſecond taker up may by vertue of this Act and his Lordſhips Favour make uſe of his Warrant elſewhere, and the firſt taker up ſhall reimburſe the ſecond his reaſonable charge for letting his Survey fall, to be adjudged by the County Court upon his petition or motion, the firſt taker up being firſt called and heard, and after ſuch Jvdgment award Execution by fieri facias or Attachment, but yet if ſuch ſecond Survey have been made above ſeaven years before this preſent Seſſions and hath been ſeated and improv'd by the ſecond taker up and never yet ſeated and improved by the firſt taker up or his Aſſigns, then the firſt taker up and not the ſecond ſhall be put to ſeek for the benefit of his Warrant elſewhere, and this word up the river creek &c. inſtead of down, or down inſtead of up 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 and 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 given & recovered in the Provincial Court before the making of this Act, nor make void any Arbitration 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 land ſhall be and are hereby confirmed, other errors 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 up had due to him, and the lines expreſt do infer to common Reaſon and Senſe that the lines were left out by miſtake, in all ſuch caſes the firſt taker up ſhall hold 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, and to begin 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 nor 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 if no tree be found the owner may reſurvey and lay it out again, beginning in the line 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 p of any tract of land whereon a Plantation is ſeated, & whereof there is certain proof of the bounds becauſe a certainty is to be preferr'd before an uncertainty, but 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 agreeable to the deſcription in the certificate of Survey or Grant of the ſame, no evidence admitted to prove a markt tree where the Record expreſſes none.

And laſtly, Be it further Enacted &c. that if any controverſy happen about the 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 Beale.

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 Excllency 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 Seat of Justice within this Province, for holding Aſſemblys and Provincial 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 return able to the Port of Annapolis in Anu-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 or 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 no Eſſoyn Protection or Wager of Law to be allowed.

And Be it Enacted by the Authority aforeſaid, that for every Negro ſo imported into this 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 ſhillings Sterling per Pole for the uſe aforeſaid, on penalty and orſciture of five pounds Sterling per Pole for every Negro kept back or unaccounted for to be •• plied 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 〈◊〉 by 〈◊〉 water import any Rum of Wino into this Province ſhall pay un •• the 〈◊〉 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 butlt in this Province or bereafter ſhall be butlt 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 due entry thereof made with the Officer thereby appointed (upon Oath of the ſaid perſon or perſons importing any of the aforeſaid liquors) for colle ing 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 ••• our'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 in formation, 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 leakige and other damages, the Officer is hereby authorized and impowered to make allowance and abatement 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 ſhoar, and from thence to ſeize, bring on ſhoar 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 ariſing by vertue of this Act or any clauſe 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 aforeſad, that every Maſter of a Ship or other Veſſel at the time 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 within this Province for the time being, ſhall at the time of their 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 impower'd 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, or to the end of 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 haue taken into their 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 Rights and Credits than be put 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 original Debts amount unto, for the Redreſs of both partys for the future, and the immediate and ſpeedy recovery of juſt Rights and prevention 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 ſummons 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 repui e 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 caſe ſhall require, whoſe determination ſhall be ſinal; all which ſuch Juſtice of the Peace before whom ſuch matter of controverſy ſhall be brought, ſhall do the ſame without any fee 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 Executon againſt the ſaid party or partys for the debt aforeſaid, by fieri facias or capias ad ſatisfaciendum 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 or their Goods Chattols 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 or 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 peny 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. it 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 found 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 Atorney 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 found 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 pounds of Tobacco, the one half to his Sacrad Mai ſty 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 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 miſdemean or without preſentment be found firſt by the grand jury againſt the ſaid perſon or porſons 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 or 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 judgment of the County Court ſhall be definitive 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 hand 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 Provincel ſhall not recover nor receive any fee 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, neither ſhall the ſaid Attorney General receive or have any fee for any Bond taken for Countrey dues, where the ſaid Bond appears not to be forf cited, 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 of 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 ſee 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 Majeſtys 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. The refore

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 Navigarion 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 fee for the ſame, but if the party traverſe and puts himſelf upon a jury, then the laid 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 Ptovincial 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 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 into 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 lying in the ſaid debtors tobacco houſes, and by that means the ſaid creditors are left 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 nailed, or for the fvture 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 for ſatisfaction of their ſaid debts and ſuch Merchant or others have upon reseit, marking and nailing ſuch hogſhead or hogſheads of tobacco delivered up their Bills or other ſecurity to their reſpective debtors of their ſaid debts, o if the ſaid Merchants or others have given releaſes or diſcharges to their ſaid 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 & give to 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 unſtript, nor ſeize or mark any merchant or other tobaco received marked and nailed as aforeſaid for any cauſe whatſoever but only for Leavys, and the ſeveral Sherrifs are hereby impowered to break the Lock 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 what is juſtly due to the publick for Leavys, without making ſatisfaction to the perſon whom ſuch tobacco doth belong, as by giving credit, or ſuffering him to take the overplus out of ſuch hogſhead of tobacco, at the choice of the party paying or owing the 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 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 allowed.

And if it ſhall ſo happen that any time any Sherrif ſhall ſeize any hogſhead of tobacco which ſhall weigh more than ſuch Leavy or Leavys ſhall amount unto, if the remaining part due to the party or partvs from whom they ſhall receive ſuch Leavy or Leavys be the greater quantity, then and in every ſuch caſe the ſaid Sherrif or Sherrifs ſhall take out 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 of ſuch hogſhead of tobacco ſo ſeized as aforeſaid and belonging to the party or partys paying the ſame ſhall be the leſs quantity than is due to the ſaid Sherrif or Sherrifs for leavys as afore ſaid, then and in every ſuch caſe the owner or owners of ſuch tobacco ſhall take our 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 Gouncil, 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 officio. And every Sherrif offending ſhall forfeit the ſum of one thouſand pounds of tobacco for every ſuch offence, the one 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 Effoyn 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 laid to be above four thau and 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, wherein no 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 imediatly 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 fees 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 25th 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 20th 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 Baily wick within the times before limited, ſuch demandant ſhall be obliged to take the fame 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 found 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 paying 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 riſque of the Sherrifs or others intending to receve advantage hereby, any thing herein contained to the contrary notwithſtanding.

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.

Maryland ſſ.

KNOW all Men by theſe preſents that we A B &c. of the County of 〈◊〉 in the Province aforeſaid Gent' are holden and firmly bound unto our Sovereign Lord King William &c. in the full ſum and juſt quantity of two hundred thouſand pounds of good ſound merchantable leaf tobacco and cask, to be paid to his ſaid Majeſty his heirs and ſuccoſſors, to the which payment well and truly to be p ie we binde our ſelves and either of us, our and either of our Heirs Executors and Adminiſtrato jointly and ſeverally for the whole and in the whole firmly by theſe preſents as witneſs our hands and ſeals the left blank day of left blank in the left blank year of his Majeſtys Reign Anno que Domini

THE CONDITION of the above Obligation is ſuch, that if the above bounden A. B. do well and truly ſerve his ſaid Majeſty his heirs and ſucceſſors in the office of high Sherrif of the ſaid County of 〈◊〉 within this Province aforeſaid, and alſo ſhall render unto his ſaid Majeſty and other his ſaid Officers a true faithful and perfect account of all and ſingular his ſaid Majeſtys Rights and Dues and to his Officers a true and juſt account of their fees, that he ſhall or may be intruſted with, by his Majeſtys Governour and other his Officers within this Province afoireſaid to receive and collect, and his account to his ſaid Majeſty his heirs and ſucceſſors, or to his or their Goaernour here for the time being for the ſines and forfeitures and other dues belonging to his ſaid Majeſtys Government, as alſo his account of all fees, dues or ſums of money or tobacco for leavys or fees due to any his Majeſtys Officers and other good people within this Province, ſhal paſs an account for by the tenth day of April next enſuing the date hereof, and in all other things as Sherrif of the ſaid County of 〈◊〉 ſhall behave himſelf well and honeſtly towards all perſons, according to the beſt of his power, skill and knowledge, then this obligation to be void and of no effect, or elce to ſtand in full force ſtrength and vertue.

Which ſaid Bond when taken in form aforeſaid, if by the County Court the Commiſſioners thereof ſhall tranſmit the ſame into the Secretarys Office together with all former Sherrifs Bonds by them taken, and the ſaid Commiſſioners are hereby required and injoyned to take new ſecurity yearly, and every year, of ſuch Sherrifs ſo long as they ſhall continue in the ſaid Office, having eſpecial regard not to admit any perſon to be ſecurity as aforeſaid but ſuch as are good and ſubſtantial Frecholders within their County, and alſo to make the obligation of ſuch Bond ſo to be taken from any Sherrif anſwerable to the publick charge of their reſpective Countys. And for incouragement of ſuch perſons now bearing or that ſhall hereafter bear the office of Sherrif and who ſhall punctually comply with the publick Creditors, it is alſo hereby further Enacted, that it ſhall and may be lawful for his Majeſtys Governour for the time being where no juſt complaint is made againſt ſuch Sherrif to continue and make good their Commiſſion for the time and term of three years ſucceſſively but no longer.

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

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 any perſon or perſons whatſoever inhabiting or trading into this Province, that ſhall preſume to carry any liquors whatſoever to any Indian Fort or Town, or within three miles of ſuch 〈◊〉 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 •••• co, one half thereof to our Sovereign Lord the King his Heirs and succeſſors towards the Support of Government, the other half to him or them that •• al inform or ſue for the ſame, to be recover'd in any Court of Record within this Province, wherein no Eſſoyn 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 Kings Majeſtys-Subjects throughout all his Majeſtys Dominions in all caſes, either meum and tuum or Criminal matters to be tried by their equals, 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 avoided.

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 venire facias 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 venire facias for three like good and lawful Men to ſerve upon petty Juries, which Writts of Summons ſhall be directed to 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 & attendance of the grand Jury at each Court they ſhall have an allowance of three thouſand pounds of tobacco out of the publick Revennue of this Province towards the de fraying 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 Frecholders, good & lawful Men to ſerve on a grand Jury in the County Courts of this Province twice yearly 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 Seerrifs 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, & 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 fall 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 Statute or Cuſtom to the contrary notwithſtanding. This Act to indure fot 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 eaſe & benefit of all perſons inhabiting & reſiding within this Province in taking Recognizances of ſpecial Bail in all 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 ſpecial 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 give 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, but 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 arreſted, 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 into his cuſtody again, and there keep till he can procure ſpecial bail according to the rule of Court; And for the greater eaſe 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 or 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.

J: Doe. Plft' I 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

R: Roe Deft' I 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 priſon 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 left blank

To the honourable Juſtices of the Provincial Court.Which ſaid Recognizance or Recogninances of Bail or Bail Prizes ſo taken as aforeſaid, ſhall be tranſmitted to the Juſtices of the ſaid Provincial Court at the next Provincial Court ſitting when and where ſuch Action or Suit ſhall be 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 bene eſſe before the Juſtices of the ſaid Provincial Court 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 meet, ſo as the Cognizer 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 upon Oath touching the value of their reſpective Eſtates if occaſion ſhall require, any Law uſuage cuſtom orpractice notwithſtanding.

An Act for the Conſtables taking a Liſt of Taxables.

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 ſhall at or before the 20th. day of June in every year reſpectively repair in perſon 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 Liſt 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 concealed 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 neglecting his office herein, ſhall forfeit and pay the ſum of five hundred pounds of tobacco for every ſuch offence, one half thereof to his Majeſty his Heirs and Succeſſors for the Support of Government, the other half to the informer or him or them that will ſue for the ſame, to be recovered in any Court of Retord within this Province, wherein no Eſſoyn Protection or 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 future 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 Servants 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 Clergy 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 Secretarys Office, as 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 at 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 be entred upon Record in a large new Book of a large Folio and good and ſubſtantial Paper well 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 orignal Acts, to which the Governour has affixed the broad Seal, and the ſame ſo entred 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 Prorogation 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 Fnes 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 ITENACTED 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 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 ſit 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 contain 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 leſt 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 Ordinarykeepers & 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 each 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 ſit to be Ordinarykeepers and Inholders for the keeping of Ordiuarys and houſes of entertainment, ſo long time as is 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 or houſes of enterta inment 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 of each 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 ſines 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 ſaid Licence and Bonds ſuch Ordinarykeepers ſhall pay to ſuch reſpective Clerk ſixty pounds of tobacco and no more.

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 are 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 Ordinarykeeper within their reſpective Countys and City, then & there to ſet and aſſeſs the Rates and prices of all liquors whatſoever in this preſent Act not hereafter mentioned by them the ſaid Ordinarykeepers 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 the 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 to tranſcribe 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 accomodations from them, under the penalty of one thouſand pounds of tobacco, to be applyed to the uſe of the County where ſuch Ordinarykeeper ſhall live, to be ſued for in caſe of non payment thereof in his Majeſty name, for which ſums and table of prices every Ordinarykeeper ſhall pay to ſuch Clerk the ſum of forty-pounds of tobacco and no more. And any Ordinarykeeper and Inholder that ſhall after the ſetting and aſſeſſing the rates and prices aforeſaid, directly or indirectly take, exact, demand or receive for the price and pay for any ſuch liquors for which the rates and prices ſhall be ſet and aſſeſſed as aforereſaid of any perſon or perſons whatſoever above the rates and prices ſo aſſeſt as aforeſaid, ſhall for every ſuch offence forfeit and pay the ſum of five hundred pounds of tobacco, 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 ſhall in form and ſue for the ſame, and looſe every ſuch debt ſo unjuſtly charged, exacted and demanded, the ſaid forfeitures to be recover'd in any Court of Record within this Province, wherein no Eſſoyn Protection or wager of Law to be allowed.

And every ſuch Ordinarykeeper that ſhall demand, exact or receive above the ſum of ten pounds of tobacco per gallon for ſmall beer, twenty pounds of tobacco per gallen for ſtrong beer, for a nights lodging in a bed four pounds of tobacco, for a p ck of ſhaled Indian Corn or Oats for a Horſe twelve pounds of tobacco, for paſt urage 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 Succeſſors for the uſe of the County, and the other half to him or them that ſhall i for or ſue for the ſame, to be recovered as aforeſaid, and looſe every ſuch debt ſo unjuſtly charged as aforeſaid; And to the intent that all perſons inhabitants, ſtrangers and travellors may be certain of good and ſufficient accomodations for themſelves and their horſes.

Be it Enacted by the Authority aforeſaid, that every Ordinarykeeper or Inholder to be 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 beds over & above what is for their own Familys uſe with covering for the ſame, together with accomodation of oats, hay, and ſtraw for litter and indian corn, with ſtabling for twenty horſes at leaſt, and if any ſuch Ordinary be kept at any other part of the County then at the Court Houſe aforeſaid, ſuch Ordinarykeeper ſhall within the time aforeſaid be provided with four ſpare beds with covering, and ſufficient ſtabling and provinder for ſix horſes at the leaſt, under the penalty of five hundred pounds of tobacco, one half thereofto his Majeſty his heirs and ſucoeſſors for the uſe of the County, the other half to him or them that ſhall inform or ſue for the ſame, to be recovered by Bill Plaint or Information, wherein no Eſſoyn Projection or Wager of Law to be allowed.

Provided always that no or perſon perſons ſo licenced or to be licenced to keep Ordinary as aforeſaid, ſhall during their time of ſuch their keeping Ordinary be Juſtices of the Peace nor Comiſſioners in any County Courts within this Province, nor any Mayor, Recorder or Alderman of the ſaid City of St. Marys, any thing in this preſent Act to the contrary notwithſtanding.

And it is further Enacted by the Authority aforeſaid, that if any Ordinarykeeper keeping evil Rule in his Houſe upon complaint made thereof to the Juſtices of the County Court of ſuch Ordinarykeepers misbehaviour or keeping evil rule in his houſe, the ſaid Juſtices of the County Courts are hereby authorized & impowered to ſuppreſs ſuch Ordinarykeeper, and call in ſuch Licence.

And Be it further Enacted by the Authority aforeſaid, that any Ordinarykeeper disabled or ſuppreſt 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 ſider 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 ſhall be legally convict 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 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 licenceed 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 Ordinarykeeper 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 Ordinarykeepers 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 Conſent aforeſaid, that it ſhall not be lawful for any ſuch Ordinarykeeper 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 fot a Delegate in the ſaid County, or that they be retained as a Servant to the ſaid Ordinatykeeper or Inholder, any Law uſuage or cuſtom to the contrary notwithſtanding.

And it is alſo hereby Enacted by the Authority 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 Jurys, and allso to the ſeveral Commiſſioners of the reſpective Courts, and the Magiſtrates of the ſaid City to their ſeveral and reſpective Conſtables to inquire into the breach of this Act, and into all disorders committed in the ſaid Ordinarys and preſent the ſame (if any be) to the ſeveral Courts to be examined and puniſhed according to Law.

And that all and every Act and Acts formerly made concerning Ordinarykeepers are hereby repealed and 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 and charge thereof be committed to ſome worthy and learned Perſon.

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 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 in 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 imbezlement 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 〈◊〉 waſt ſuffered before his departure out of the ſaid Pariſh, except by fire or ſuch like unavoidable accident, or in caſe of the doath of any ſuch Miniſter having the charge of ſuch Library, the Veſtry of the ſaid Pariſh ſhall immediatly 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 preſerving 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 at a 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 p eches, 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 fined the Sum of twenty pounds Sterling to his Sacred Majeſty towards the defraying the County charge where the ſaid offen ce ſhall be commited, to be leavied upon his her or their Goods & Chattels, Lands and Tenements (if any they have) but if ſuch offender or offenders have not Goods and Chartels, Lands and tenements to the value aforeſaid, then ſuch offender or offeders ſhall ſuffer ſix months impriſonment without bail or mainprize, & for every ſecond offence whereof every ſuch offencer or offenders ſhall be legaly convict, he ſhe or they ſo offend as aforeſaid ſhall be ſtigmatized in the Forenead with the letter B, and to be fined forty pounds Sterling to the uſes aforeſaid, and in caſe he ſhe or they ſo offending as aforeſaid ſhall not have Goods and Chattels, Lands and Tenements to the value aforeſaid, every ſuch offender or offenders ſhall ſuffer impriſonment for the ſpace of one whole year with out bail or mainprize as aforeſaid, and for every third offence whereof any ſuch offender or offenders ſhall be legally convicted as aforeſaid, he ſhe or they ſo offending ſhall ſuffer death with confiſcation of all his her or their Goods and Chattels to his Majeſty his Heirs and Succeſſors.

And Be it further Enacted by the Authority Advice & Conſent aforeſaid, that every perſon or perſons committing Fornication and being thereof convicted, ſhall for every time ſo offending be fined (by the Court before whom ſuch matter ſhall be brought) to his Sacred Majeſty in the ſum of twenty ſhilling Sterling, or four hundred pounds of tobacco, to be leavied &c. 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 being 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 companys, or 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 be ſhe or they ſhall cohabit together, or frequent the company of each other after ſuch admonition given as aforeſaid undergo ſuch pains and penaltys as is by this Act provided for ſuch who are legally convicted of Fornication or Adulcry, and whereas thoſe horrid and deteſtable ſins of prophane ſwearing 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 offoder or offenders ſhall be convicted, to the Conſtable or other perſon whom ſuch Juſtice or head 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 curſe in any Court Houſe during the ſitting of any Court within this Province and be thereof convict aforeſaid, he ſhe or they ſo offending ſhall imediatly forfeit and pay the ſum of ten ſhillings as aforeſaid to the uſes aforeſaid, or ſet in the Stocks for the 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 perſon ſhall be proſecuted or troubled for any ſuch prophane ſwearing and curſing, unleſs the ſame be prov'd or proſecuted within ten days next after the offence committed.

And laſtly, Be it Enacted by the Authority aforeſaid, by and with the Advice and Conſent aforeſaid, that every Juſtice of the Peace or head Officer aforeſaid, are hereby obliged to receive all ſuch forfeitures as aforeſaid, that are leavied as aforeſaid, and render a juſt account thereof to the Juſtices of each reſpective County yearly, at the time of laying the County Leavy to be by them dispoſed of to the uſes aforeſaid.

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

An Act for payment of ſees 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 ſees to Sherrif, Goaler, Clerk & Cryer 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 Servants 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 paid 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, aad 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 find 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 County aforeſaid have been paid for ſuch Criminals as aforeſaid, and ſuch Juſtice or Juſtices to whom ſuch Criminal Servant ſhall be delivered as aforeſaid, are likewiſe required to ſerve ſuch Servants Criminals as aforeſaid in ſuch manner and way as to the ſaid Juſtice or Juſtices ſhall ſeem meet or convenient, ſo that he be and appear at the then next County Court to be held for the ſaid County to be dispoſed on as the Court ſhall conſider.

An Act for preventing vexatious and unneceſſary Suits at Law, and for proving of debts and pleading diſcount in Bar.

WHEREAS divers and ſundry perſons within this Province contracting debts by accounts with Merchants and others, for which they ſtand and remain only debtor upon their Book of Account, the which tho' they be honeſt and well diſpos'd to pay the ſame upon demand firſt had and required of the ſaid debtor, by the creditor or other perſons lawfully authorized to receive the ſame, without which it is impoſſible for the ſaid debtor to know where or to whom to pay the ſaid debt, yet ſeveral of the ſaid creditors through vexatious and avaritious humours do daily commence their Suits at Law againſt 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 greatly 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 the debtor be not at home to beſpoke with, then ſuch demanandt ſhall leavea 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 and implead such his debtor for the said debt, and recover againſt him all such coſt and damages as upon legal tryal in any Court in this Province ſhall be adjudged againſt him, and in caſe any perſon or perſons ſhall ſue and implead any ſuch his debtor as aforeſaid contrary to this Act he ſhall looſe all his co s of ſuch ſuit, and be lyable to ſatisfie ſuch his debtor all ſuch damages as ſhall accrew to the ſaid debtor by ſuch his vexatious and unjuſt ſuit at Law.

Provided always, that this Act, nor 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 in this Act to the contrary notwithſtanding.

And Be it further Enacted by the Authority aforeſaid, by and with the Advice and Conſent aforeſaid, that an account ſworn to by the Plaintif, or a Bill proved by his evidence before any Juſtice of the Provincial Court, or any two Juſtices of the County Courts of this Province, 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 at 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 under the hand or hands of ſuch ono Juſtice of the Provincial Court, or two Juſtices of the County Court before whom the 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, that if any defendant 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 had 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 ballance 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 Incouragement of ſuch perſons as will undertake to buid Watermills.

DALLY Experience ſheweth that the want of Water-mills is the true cauſe that Husbandry in tilling the Ground and for ſowing of Wheat and Barly 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, or unable to be at the charge of building a Water-mill, or elce 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, to the increaſe of our 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 frecholds 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 lieth, 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.

William 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 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 Boards 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 poſſeſſors of the ſaid twenty Acres of Land, and what Lands and Tenements 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 Plantations 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 ſend &c.

Upon return of which Writt in caſe the perſon or perſons whereby the ſaid inqueſt ſhall be ſound 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 Bond 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 fit to build 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 elce by water, together with liberty to fall any timber for building the ſaid water mill, other then board timber fit to ſplit or cleave into clap boards for any time or term, not exceeding eighty years then next to come, under the yearly rent of the land then by the oath of twelve Men by vertue of the Writt aforeſrid returned to be paid to the owner of the ſaid land ſo found and returned as aforeſaid, which ſaid grant from his ſaid Majeſty his Heirs and Succeſſors or from the chief Governour here for the time being as aforeſaid ſhall be good & available in Law to the grantee as aforeſaid for any term of years, not exceeding eighty years as aforeſaid againſt all perſons whatſoever any Law, cuſtom or uſuage heretofore had, made or uſed within this Province to the contrary notwithſtanding.

Provided always that before any perſon or perſons whatſoever ſhall have ſuch grant to build a Water-mill as aforeſaid, they ſhall enter into a Bond with his ſaid Majeſty with two ſufficient Suretys in the ſum 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 laſt wills and reſtaments 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 inquire of the true yearly value of the land where ſuch Mill doth ſtand, and of ten 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 not 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 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 or 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 not 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 so granted as aforesaid to reenter upon the same, and in caſe ſuch perſon or perſons ſhall deny or refuſe 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, bw ejectment 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 contrary 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, as if the former Act or Acts were ſtill in force.

An Act for the better adminiſtration of Juſtice in Probat of Wills and granting Adminiſtrations, recovering of Legacys, and ſecuring Filial Portions.

WHEREAS for the due 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 duly proved, and Letters of Adminiſtration of the Eſtates of all perſons dying witthout Wills may be granted to ſuch perſons who have the beſt Right to ſucceed thereto, that there may in that caſe be no failure of Juſtice, but that it may be duly adminiſtred within this Province, and all Legacys ſpeedily recovered, and Filial Portions and Orphans Eſtates duly ſecured & eaſily obtained, 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 rear 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 laws of England now in force or to be hereafter in force within twelve Months after ſuch Law ſhall be publiſhed in the Kingdom of England if pleaded before him, ſaving in ſuch caſes as by this preſent Act is provided, and that it ſhall and may be lawful for the udge 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 interſtate, and legacys paid to legatees of perſons who make 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 admidi •• ration to ſuch Adminiſtrators committed, and ſhall grant adminiſtration de bonis non 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 Inteſtate, and in caſe it ſhall appear to the Judge aforeſaid, that the former Adminiſtrator hath waſted and imbezled the Eſtate of the Inteſtate, 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 ſach 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 deceas'd after debts paid and funeral expences defrayed, that is to ſay, ſhall allow to the Widdow or Relict of the ſaid Inteſtate (if any ſuch be) one full third part thereof, and the other 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 made 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 by 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 delivering of the ſaid Eſtate to the ſaid Orphans or their Guardians when thereunto lawfully called, according to the rules and directions here after by this Act preſcribed, eſtabliſhed & ordained and not otherwiſe, which rules ſhall be rules not only for the Juſtices of the County Courts to proceed by is taking the accounts of Guardians or Truſtees for Orphans, but alſo for the Judge for probat of Wills and granting Adminiſtrations in the account of Adminſtrators and bare Executors to the benefit of others, nor ſhall the Judge give any other allowances to any Adminiſtrator or Adminiſtrators upon his or their account but for debt bona ſide owing from the deceas'd, and realy paid or ſecured to be paid by the ſeveral and reſpective Adminiſtrators.

1. No Negro or other ſlave ſhall be ſold or dispoſed of by any Adminiſtrator for payment of debts, or otherwiſe reſerved for the Adminiſtrators own uſe, in ſarisfaction for any debts due to the ſaid Adminiſtrator, nor any 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, bvt ſhall be kept upon the hazard 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 Adminisſtrator is to account for the Eſtate and the profits of ſuch ſlaves ſhall be Aſſerts to the Creditors and dividable between the Wife and Children or Relations of the ſaid deceaſed if there be no 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 Dyet, 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 committed to any Guardians or 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 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 Kin man 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 performe 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 determin 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 thou be committed to ſuch other perſons as the Judge for probat of Wills & grant. Adminiſtrations ſhall approve of d •• ante minoritate, and ſo to the profit, uſe and behoof of the Infant Executor or Executrix and not ottherwiſe 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 Executors.

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 firſt happen.

7. That all Negro's and other Slaves after the transmitting the Eſtate to the County Court as aforeſaid, ſhall be praiſed to the Guardians 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 lamed, and that the 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 af 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 nor 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 desperate debts with the diviſion of the overplus of the eſtate unto the ſeveral and reſpective juſtices of the County Courts where the Eſtate ſhall y, to the end the ſaid juſtices may inquire whether the ſaid Adminiſtrator hath by fraud or otherwiſe neglected to recouer the ſame, or hath received and never accounted for the ſame, and ſhall 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 and every year call the ſaid Guardians to account for the ſame, and duly inſpect what of the ſaid debts they have received or might have receiv'd, and if the ſaid guardian or truſtee 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 or forborn to be recovered. 10. 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 juſtices 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 & educated according to their eſtates, & whether apprentiees yearly are taught their Trade, or rigoroufly uſed and turned to common labour at the Ax and Hoe 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 Bonds 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 Truſtees and Maſters do right and juſtice to Apprentices, and to the Country, that the Juſtices do right between them, and to that end that they cauſe the Clark of their Court to preſent the Jury with a liſt of the Orphans and Apprentices of their County ev'ry June Court

12. That no more be allowed to Guardians or Truſtees for collecting debts due to Orphans than ten per cent' the uſual allowance 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 appeal 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 be ſhall think fit to hear and determin 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 is the name of the worſhipful Commiſſioners of the County Court, or in ſome ſuch other terms amounting thereunto, and for the uſe 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 Peace the reſpective ſums of tobacco or money in the reſpective conditions contained in purſuance of this Act, when in truth the ſaid Comiſſioners of the County Court are no Body politick nor 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 ſued and recovered in the names of the Orphans to whoſe uſe ſuch Bonds wer taken, either in the County or Provincial Court at the election and choice of th ſaid Orphans, any Statute or uſuage to the contrary hereof in any wiſe notwithſtanding. And for the eaſe 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 fame 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, the 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 fee 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 ſum one hundred and fify pounds of tobacco, to be paid by ſuch perſon or perſons requiring adminiſtration or letters teſtamentary as aforeſaid, unleſs the Eſtate be ſo ſmall as the Inventary of ſuch Eſtate doth not amount to two thouſand pounds of tobacco as aforeſaid, there ſhall be paid to ſuch perſon ſo appointed for ſuch Letters of Adminiſtration or Letters Teſtamentary as aforeſaid the ſum of fifty pounds of tobacco and no more, and 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 Eſtate in lands with the Orphan or Orphans to whom the ſame belongs committed to them, other 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 lyeth & two other perſons of good repute and well skill'd in building & Plantation affairs neither 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, as alſo towards his yearly charge in keeping the ſaid dwelling houſes, out houſes, orchards and fences in repair and ſo by him to be left, always having a regard to leave a proportionable part both for quality and quantity of the uncleared Land, for the benefit and advantage of the Orphans 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 to certify under their hands and ſeals atte •• ed 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 until 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 wa , by them to be brought when at age for any waſt, ſale or deſtruction committed or done 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 Guardians by legal Warrant to cauſe the ſaid Guardian to appear before them in the County Court, & ii 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 Law, 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 ſaid 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 ſame 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 Plaint 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 Commiſſarys which are and ſhall be in each ſeveral & reſpective Countys within this Province ſhall and are hereby ſufficiently authoris'd 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, for which pa •• ing ſuch accounts the ſaid deputy Commiſſary is to be allowed as a fee the ſum of •• fty pounds of tobacco and no more, and if ſuch deputy Comiſſary as aforeſaid ſhall exact, demand or receive of any perſon whatſoever more h •• is by this Law for executing ſuch his Office is allow'd him, he ſhall be liable to ſuch pains & penaltys as are included in a certain Act for limitting Officer, fees within this Province, but in caſe it ſhall ſo hapden that only perſon or perſons having any inetreſt or claim in ſuch Eſtates ſhall make any objections to the legality or intereſt of any article or articles contain'd in the ſaid accounts, then the ſaid deputy Commiſſarys are forthwith to mark ſuch articles and transmit the accounts with all papers thereunto belonging unto the Commiſſary General, before wh •• all 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 ſuch Widows having dev i s 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 barr'd 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 having their Eſtates in poſſeſſion by will or Right of adminiſtration, either by the one or b ••• 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 is neither Executor nor Adminiſtrator of his Wife, nor 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 conſent, 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 coverture, 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 the 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, the 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, nor in the mean time comply with the Sentence of the ſaid Judge, it being ſent to them under the hand and ſeal of the ſaid Judge, nor 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 barr the ſaid Judge to proceed againſt perſons not 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 appraiſors, 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 Mannors, 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 Advice and Conſent of this preſent General Aſſembly and the Authoity of the ſame, that from and after the publication hereof no Mannors, 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 or tru 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 ſame to be acknowledged in the Provincial Court or before two juſtices thereof, or in the County Court, or before two Juſtices of the ſame where ſuch Mannors, Lands, Tenements or Heriditaments do lie, and ſuch Deed or Conveyance to be inrolled in the Provincial or County Court where the ſame doth ly, ſuch inrollment to be 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 inroll ſuch Deed or Conveyance in a good ſufficient Book in Folio, to remain in the cuſtody of the Clark of the ſame Court for the time being amongſt the 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 Folio of the Book in which the ſame ſhall be inrolled, and ſhall unto ſuch indorsment ſet 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 heriditaments ſhall live remote from either the Provincial Court or County Court, where the land lieth, it ſhall and may be lawful for ſuch grantor or bargainor to acknowledge the ſame in the County where ſuch bargainor liveth, and a certificate of ſuch acknowledgment under the hand of the County Clark and under the Seal of the ſame County, ſu h acknowledgment ſhall be taken, deem'd, reputed & be as good and valid as if the ſame had been acknowledged either in the Provincial or County Court where ſuch land lieth, and be a ſufficient Warrant for ſuch County Clark where the land lieth to inroll the ſame, 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 Majeſtys Dominions at the time of the enſealing ſuch writing or writings indented, ſo as the ſame cannot be acknowledg'd in manner and form as is-before directed or inrolled, within the time for that purpoſe herein before limitted, that in ev'ry ſuch caſe, ſuch lands or tenements as aforeſaid ſhall be ecknowledged by Letter of Attorney well and ſuffieiently proved, either in the Prouincial or County Court where ſuch lands or tenements lie, or before two Juſtices of the Provincial or County Court as aforeſaid for acknowledgment and be inrolled as aforeſaid, any thing herein before contained to the contrary hereef notwithſtanding.

And Be it further Enacted by the Authority aforeſaid, that every ſuch writing indeared to be acknowledged and intolled as aforeſaid, ſhall have relation as to the paſſing and conveying of the premiſſes, and the Eſtate and Eſtates thereby paſſed or intended to be pa •• ed and conveyed by & from the day of the inrollment of the ſame and not from the day of the date thereof, and ſhall at all times be conſtrued and take more ſavourably and beneficially for the benefit and advantage of the grantee or grantees, and more ſtrongly for the barring of the grantor or grantors therein to be named, and according to ſuch intents as the words thereof ſhall appear to have been the true intent of the partys thereunto, altho' the ſame 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 Feme Covert be named a party grantor in any ſuch writing indented, the ſame ſhall not be of force to debar her or her heirs, except upon her acknowledgment of the ſame, and the perſon or perſons taking ſuch her acknowledgment ſhall examin her privately out of the hearing of her husband whether ſhe Goth make her acknowledgment of the ſame willingly and freely, and without being induced thereunto by fear or threats of or uſed by her husband or fear of his displeaſure, and the perſon or perſons ſo examining her ſhall in a note or certificate of the ſaid caption of the ſaid acknowledgment certify her examination and acknowledgment thereupon, and that ſuch certificare be likewiſe inroled upon Record, in which caſe & by ſuch Feme Covert ſhall be barr'd and not otherwiſe, any thing herein before contain'd to the contrary notwithſtanding.

WHEREAS there have been ſeveral Acts provided againſt ſervants runaways which have hereto proved ineffectual, in regard they do not ſufticiently provide incouragement for ſuch perſon or perſons inhabitants of this Province as ſhall ſeize 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 without a noat under their hands, or under the hand of his or their Overſeer if any be, under the penalty of being taken for 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 or their ſaid Maſter, Miſtreſs, Dame or Overſeer ſhall ſerve ten days for every one 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 owne maſter or dame or overſeer of ſuch ſervant ſhall live during the ſitting of the Court, be it before or after the expiration of ſuch ſera abrs 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 detain any ſuch ſervant or ſervants unlawfully abſenting him her or themſelves as aforeſaid, ſhall be fined five 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 of Government, and the other half to the informer or him or them that ſhall ſue for the ſame, to be recovered in any County Court of this Province by Action of debt bill plaint or information, wherein no eſſoyn protection or wager of Law to be 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 o 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 diſcreton & judgment of ſuch Magiſtrate or Magiſtrates before whom ſuch perſon or perſon as aforeſaid ſhall be brought to judge thereof, and if before ſuch Magiſtrate ſhall be deemed and taken as runaway, and ſhall ſuffer ſuch fines and penaltys as i hereby provided againſt runaways.

And for the better incouragement of all perſons to ſeize and take up ſuch runa ways, it is Enacted by the Authority aforeſaid, that all and every perſon or perſons as aforesaid, ſeizing or taking up ſuch runaways traveling without paſſes as a foreſaid, not being able to give a ſufficient account of themſelves as aforeſaid ſha have and receive two hundred pounds of tobacco to be paid by the owner of ſucrunaway ſo apprehended and taken up if a Servant, and if a Freeman & refuſing to pay the ſame, then to make ſatisfaction by ſervitude or otherwiſc as tha Juſtice of the Provincial or County Courts where ſuch perſon ſhall be ſo apprended an our Neighbour Indians to ſeize, apprehend or take up any runaway ſetvants, 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 soever any of the said perſons runaway ſhall be seized by any perſon or persons within this Province, such person or persons so apprehending or seizing the same ſhabring or cause him or them to be brought before the next Magiſtrate or Juſtice of the County where such runaway is apprehended, who is hereby impower'd to take into his cu tody, or otherwise him her or them to secure and dispose as he ſhall think t, until such person or persons so seized and apprehended ſhall give sufficient security to answer the premiſſes the next Court that ſhall firſt ensue in the ſaid County, who is alſo to ſecure ſuch perſon or perſons till he or they can make ſatisfaction to the party that ſhall ſo apprehend or ſeize ſuch runaway or otherper ſon as by this Act is required, except ſuch perſon ſhall make ſatisfaction as aforeſaid before ſuch Court ſhall happen, & that notice may be conveniently given to the maſter, mi •• tiſs, dame or overſeer of runaways taken up as aforefaid, the Juſtiecs of the peace 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 next 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 or 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 aſoreſaid, have allowed and given him one new hat, a good cloth ſuit either of kerſy or broad cloth, a ſhift of white linnes to b new one pair of new french fall ſhoes and ſtockings, two hoes and one ax, and one gun of twenty ſhillings price not above four foot by the barrel, nor leſs than three and a nalf; all Woman Servants at the expiration of their ſervitude as aforeſaid, ſhall have allowed and given her the like proviſion of cloaths and three barre's of indion corn, and to the intent the many great mischieſs and incoveniencys ar •• ing & accrewing to divers good prople of this Province by transporting or carrying and conveying away or cau •• ng to be transported carried or convey'd away out of this Province any inhabitant within this Province whether Maſter or Freeman not thereunto lawfully licenced, or an Apprentice hired Servant or ſlave may for the future be prevented,

Be it further 〈◊〉 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 out of his Province any inhabitant of this Province that is or ſhall be indebted or ingaged here & 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 debes, ingagements or damages as the ſaid-perſon or perſons for ransported, 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 in ſhort time he 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 rovince ſhall for every ſuch offence forſeit and pay to the imployer or owner of ſuch apprent ce hired or other ſervant or ſlave trebble damages and coſt, to be adjudged by the u •• ices 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, Miſtreſſes or Dames within this Province by the wickedneſs & infidelity of ſervants purloyning their ſaid Mater M treſs or Dames Goods, & then by bartering, ſelling 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 e 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 ſeave or licence firſt had & obtain'd from ſuch ſervants maſter, miſtreſs, dame or overſeer for his ſo doing under the penalty of two thonſand 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 wineſs or conſeſſion of the party, to be recovered in any Court of this Province by action of debt, bill plaint or information, wherein no eſſoyn protection or wager of Law to be allowed.

And Be it further Enacted by the Authority aforeſaid, &c that if the goods ſo traded or bartered as aforeſaid ſhall exceed the ſum of one thouſand pounds of tobacco, that then the party or partys whoſe goods ſhall be imbezled or bartered away as aforeſaid, ſhall have his action at law for the damage ſuſtained againſt the perſon or perſons ſo offending, dealing & bartering for the ſame, any thing in this Act to the contrary hereof in any wife notwithſtanding. And in caſe ſuch perſon or perſons ſo offending ſhall not be able to ſatisfy the ſame, then 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 conſeſſion or ſufficient witneſs the offender ſhall be puniſhed by whipping an the bare back with thirty ſtripes.

And for the aſcertaining and limitting of ſervants ſines of ſervitude, Be it Enacted by and with the Advice and Conſent aforerefaid, 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, f betweenn 18 and 22 without Indentures 6 years, if between 15 and 18 without Indentures 7 years, if under 15 and without Indentures ſhall ſerve till he or they arrive at 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 ſervice 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 •• ing 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, the 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 beit 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 not any thing therein contained ſhall not give or be conſtrued to give any benefiit to any Negro or Slave whatſoever.

And be it further enacted by ihe authority aforeſaid, that for all ſuch runaway Servonis or Slaves that ſhall be apprehended and taken up in the Province of Penſilv •••• 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 Shs rif of the delivery of ſuch runaway, except ſervants or runaways brovght from Accomack into Somerſet County, for ſuch only two hundred pounds of tobacco & twenty ſhillings, an the like from that ſide of Virginia next the River Potomack, for which ſaid ſum or ſams paid ſuch runaway ſhall make ſatisfaction when free, by ſervice or otherwiſe more than the ten days for one as the Court ſhall adjudge; But if ſuch perſon ſo apprehended brought and delivered as aforeſaid be a Freeman and refuſe to pay ſuch ſum or ſums of tobacco or money, then & in ſuch caſe the Magiſtrate before whom be ſhall be brought ſhall forthwith commit the ſaid perſon ſo refuſing to priſon till he give ſufficient security or make full ſatisfaction by service or otherwiſe.

And be it further enacted by the authority aforeſaid, that if any maſter miſtreſs or other owner of any ſervant whatſoever, or overſeer by the order and consent of any such maſter miſtreſs or owner ſhall deny and not provide sufficient meat drink lodging and cloathing or ſhall unreasonably burthen them beyond their ſtrength with labour, or debar them of their neceſſary reſt and ſleep, the ſame being ſufficiently prov'd before the Juſtices of the County Court the ſaid Juſtices have hereby full power and authority for their firſt and second offence to leavy such fine upon ſuch offender as to them ſhall feem 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 free from their ſervitude.

And be it alſo further enacted by the authority aforeſaid, that all Ngro's & other 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 aforcſaid, that any white woman either free or a ſervant that ſhall suffer her self to be begot with child by a Negro or other Slave, or ftee Negro, such woman so begot with child as aforesaid, if free ſhall become a Servant for and during the term of seaven years, if a servant the ſhall ſiniſh her time 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 er such satisfaction made ſhall again become a servant for & during the term of 7 years aforesaid, & if such begetter of any such chile 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 fa t is committed, according to this Law in the clause made and provided againſt such servants as have baſtards, and the iſſues or children of any such unnarural and inordinate copulations ſhall be servants until they arrive at the age of 31 years, and any white 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 the 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 Juſcices of such County ſhall think fit, the produce whereof ſhall be appropriated towards the relief of the poor.

And be it further enacted by the authority aforesaid, that ev'ry servant woman having a baſtard child and nutable ſufficiently to prove the party charg'd to be the begettor of such child, in ev'ry such case the mother of ſuch child ſhall only be lyable to ſatisfy the damage so suſtained by servitude or otherwiſe as the Court before whom such matter is brought ſhall ſee convenient, provided that where the mother of any such child as aforesaid do prove her charge by sufficient teſtimony of witneſſes, confeſſion of the party charged, or pregnant circumſtances agreeing with her declaration in her extremity of her pains or throws of travel & her oath taken by some magiſtrate before the time of her delivery of ev'ry such baſtard child or after 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 matter is brought as aforeſaid ſhall think fit, and if any ſuch mother as aforesaid be able to prove by such teſtimony or conſeſſion of the party charg'd, that he 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 this preſent Seſſion of Aſſembly that it ſhall and may be lawful for the Provincial and County Courts of this Province to hear & determin any complaints between maſters and ſervants by way of petition to give Judgment and award Execution upon the ſame, and that upon any Apeal or Writ of Error brought upon the ſame from any County Court of this Province to the Provincial Court, or from the Provincial Court to his Excellency the Governour and Council no ſuch Judgment ſhall be reverſed for want of Judicial Proceſs, or that the ſame was not tried by Jury, or any matter of form either in the entry or giving of Judgment, provided it appears by Record that the party Deſendant was legally ſummoned and not condemned unheard.

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

An Act for impoſing a Fine upon Edward Dorſey, convicting him of a debt of three hundred thirty three pounds fix ſhillings and eight pence to the King, and impoſing a Fine on the Sherrif of Gaecil 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 Authoity of theſame, that from and after the end of this Seſſions of Aſſembly the Militia of this Province ſhall be muſtered, trained and exercifed according to theſe inſtructions and directions following.

1ſt. That every Colonel, Major or Captain of Foot already commiſſionated or 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 poſibly they can to be of the Militia or Trainbands of this Province, which ſaid perſons ſo enliſted, they ſhall muſter, exerciſe and train in & atſuch 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.

2dly. That every ſuch Colonel, Major or Captain ſhall give notice or ſummons upon every training or muſt ering 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 reſuſe when he hath ſo appeared to be enliſted into the militia and trainbands aforeſaid, or next that being ſo enliſted 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 fix 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 or Overſeer, then ſuch maſter, miſtreſs or overſeer to forfeit and pay the like ſum of one bundred pounds of tobacco for every ſuch ſervant ſo letted or hindred as afore ſaid, for the uſe of the Foot Company to purchaſe Drums and Colours and other naceſſarys for the Company as the Commanders thereof ſhall direct. Provided that this clauſe be not to countenance any Officer to preſs Arms or Ammunition for any further Expedition or Service than training, but that upon all ſuch occaſions they be ſupply 〈◊〉 out of the County Magazine or Store, all which forfeitures ſhall be adjudged of, heard and determined by ſuch Colonel, Major or Captain of any Foot Company as aforeſaid, and account thereof kept in writing by the clark of the company, which ſaid Colonel, Major or Captain of ſuch company as aforeſaid, is hereby authorized and impowered to award Execution againſt the Goods and Chattels of ſuch perſons ſo refuſing, neglecting or failing as aforeſaid, & that upon occaſion of all ſuch Executions the reſpective Clark and Sherrif of each reſpective County within this Province ſhall iſſue out and ſerve Execution without any Fee or Reward.

3dly. And for ſettling the Horſe Forces that a Captain of Horſe in each reſpective County for making up of his Troop elect and enliſt his number of Men out of the inhabitants of the ſaid County, according to ſuch inſtructions as he ſhall from time 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 he be owner of a good ſerviceable Horſe which ſhall paſs mu er, and that ſuch Troopers in conſideration of their great pay hereafter to be allowed, be bound and obliged to find themſelves with good able and ſufficient Furniture for their Horſes, and likewiſe to find themſelves with Swords, Carbines, Piſtols. Houl •• ers and Ammunition, and if any Troopers ſhall neglect or refuſe upon notice giuen them as aforeſaid (to the foot) to appear at muſters at the time and place appointed as aforeſaid by each reſpective Captain of Horſe accoutered and equipped as aforeſaid, ſhall forfeit & pay the ſum of one hundred pounds of tobacco to be leavied as aforeſaid to the uſe of the Troop for purchaſing of Trumpets and Colours and other neceſſarys as the Commander ſhall think fit, and that all ſuch Troopers for and in conſideration aforeſaid, at all ſuch times as they are out a ranging ſhall find their own proviſions, but when in actual Service to be found proviſions at the charge of this Province to be paid by the publick, & if it ſhall happen that any troopers Horſe ſhould be killed in the ſervice, then the ſaid Trooper to be paid for the ſaid Horſe by the publick and not otherwiſe.

4thly. That all perſons in holy Orders, Delegates, Magiſtrates and Conſtables ſhall in their proper perſons be exempted from being compelled to muſter & train either in horſe or foot during ſuch time as they officiate or bear ſuch offices as aforeſaid, provided that this clauſe ſhall, not extend to ſuch perſons as already have or hall hereafter accept of Commiſſions for military ſervice from the Governour of this Province for the time being, ſo as to diſcharge ſuch perſons from their reſpective charges mentioned in ſuch their ſeveral and reſpective Commiſſions, neither ſhall this lauſe or any part thereof be conſtrued or taken to exempt any Delegates. Magiſtrates or Conſtables as aforeſaid to ſend into the field to muſter or training either to horſe or foot when and as often as due notice & ſumons to them ſhall be given as aforeſaid, ſome other perſon or perſons in his or their ſtead or places ſo equipped and provided as aforeſaid, upon forfeiture as aforeſaid.

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

5thly. 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 2000 pounds of tobacco per month, to a Major of Foot 1200 per mo: to a Captain of foot 1000 per mo: to a Lievetenant of foot 700 per mo: to an Enſign 600 per mo: to a Serjeant 400 per mo: to a Corporal 400 per mo: to a Drummer 400 per mo: to every private Soldier 300 per month.

To every Major General chief Commander in the Field 3000 per month, and that every Colonel of Horſe have 2300 por mo a Major of horſe have 500 per mo: a Captain of horſe to be allow'd 1300 per mo: a Lievt' of horſe to be allow'd 1000 per mo: to a Cornet 900 per mo: to a Quartermaſter 00 per mo: to a Corporal 700 per mo: to a Trumpeter 700 per mo: to every private Troopor 600 per month. And that all theſe rates and allowances for ſuch Officers and Soldiers aforeſaid ſhall be allow'd and paid and no more, and that the months beforementioned be accounted, computed and reckoned according to Calender and no otherwiſe.

6thly. And to the intent that whenſoever it ſhall appear to the chief Governour of this Province for the time being, or his Council to be neceſſary to raiſe forces for the ſuppreſſing of any foreign invaſion or domeſtick inſurrection or rebellion, or any war with any indians, that the officers & ſoldiers may be duly paid according to the proportions aforeſaid, and all other charges and expences for the charge & management of ſuch war may be duly paid and diſcharged, without which this Province cannot be defended and ſecured.

Be it Enacted by the Authority aforeſaid, that from henceforth all ſuch neceſſary charges of ſuch war and Soldiers pay as aforesaid ſhall be paid, diſcharged and defrayed by a Publick Leavy by an equal a e ment upon the taxables of this Province, by the conſent of the reemen of this Province by their Repreſentatives in a General Aſſembly and not otherwiſe, whatſoever.

7thly. And to the intent that the inhabitants of this Province may not be abus'd by having their Goods and Proviſions preſ •• by looſe and idle Fellows who many times abuſe their ommiſſions and the People.

Be it further Enacted by the Authority aforeſaid, that from henceforth the commiſſioners of each reſpective County ſhall yearly and every year viz. between the 29th day of September and the 25th day of December nominate and appoint two honeſt and ſubſtantial Men of their Countys to be preſsmaſters for the year enſuing, and if any one die or depart the Country, or be lame or •• ck within that time, that then the next Juſtice of the peace to nominate & appoint another in his ſtead, that if occaſion require they and no other ſhall impreſs victuals and other things given them in charge to be preſſed by warrant from his Excellency the Governor in chief for the time being, & if any other but preſſmaſters ſo appointed ſhall preſume upon pretence of any power as a preſſmaſter to ſeize, take, preſs or carry away any goods or commoditys of any the inhabitants of this Province, ſhall pay to the perſon grieved treble the value of the goods or commoditys ſo as aforeſaid unjuſtly preſt. Provided that no preſſmaſter or any perſon or perſons whatſoever ſhall preſume at any time to ſeize, preſs or carry away from the inhabitants reſident in this Province any arms or ammuniton of any kind whatſoever upon any duty or ſervice or upon any account whatſoever under the penalty aforeſaid, any Law Statute or Uſuage to the contrary hereof in any wiſe notwithſtanding.

8thly. And Be it likewiſe Enacted by the Authority aforeſaid, that the Commiſſioners of any County Court within this Province who ſhall not between the 27th day of September and the ſaid 25th day of December in each reſpective year by precept from the County Court ſigned by the Clark of the Court nominate and appoint ſuch and ſo many preſſmaſters for every County as aforeſaid, ſhall each of them forfeit & pay unto his Majeſty for the ſupport of government 500 pounds of tobacco, and ſuch preſſmaſter who ſhall be ſo nominated and appointed as aforeſaid, by ſuch precept as aforeſaid to him or them directed, and ſhall thereupon refuſe or neglect to ſerve and truly perform and execute the ſaid place and office of preſſmaſter ſhall forfeit and pay unto his Majeſty for ſupport of government for every time he or they ſo nominated and appointed as aforeſaid the ſum of five hundred pounds of tobacco.

9thly. And for the more & better incouragement of ſuch ſoldiers as ſhall in the time of war adventure in the ſervice of the Country and defence thereof againſt any Indians. Be it Enacted, that the booty, prizes, pillage or plunder, or any Indian ſeized or taken priſoner, ſhall by the Commander be equally diſtributed and divided amongſt the ſoldiers by a diviſion or diſtribution to be made by the pole.

10thly And for the incouragement of ſuch ſoldiers as ſhall adventure their lives in the ſervice and defence of this Province, and for the proviſion of ſome reaſonable penſion to be for the future ſettled on ſuch ſoldiers as ſhall happen to be maimed or rendred uncapable to get a livelyhood for themſelves and family.

Be it enacted by the authority aforeſaid, that every perſon that ſhall adventure as a ſoldier in any war in defence of this Province, and ſhall therein happen to be maimed or receive hurt ſo as to be rendred uncapable of zetting a livelyhood as aforeſaid, ſhall according to his disability receive a yearly penſion, to be raiſed out of the publick leavy of this Province for the time being of ſuch his disability, and everyperſon ſlain in the ſervice of this Province leaving behind him a wife & children ſhall alſo be allowed a competent penſion to the wife during her widowhood and the children till they be of the years able to get their liveng, or be put out apprentices; and that this penſion be yearly paid and allowed out of the fifty thouſand pounds of tobacco per Annum to be raiſed by the Governour of this Province for the time being or the Council, as in this Act is hereafter to be provided in the interval of Aſſemblys, the party petitioning for ſuch pennon and allowance procuring a certificate from the County Court where he the or they live, that he ſhe or they are objects of charity and deſerve to have ſuch pennon and allowance.

11thly. And Be it further Enacted by the Authority aforeſaid, that if upon any foreign invaſion any perſon or perſons whatſoever, except before excepted, that ſhall be prect or be an enliſted Soldier within this Province ſhall upon the comand of his Officer being a Captain at the leaſt obſtinately refuſe to appear and ſerve in arms for the neceſſary defence of this Province, ſuch perſon or perſons ſo obſtinately refuſing to appear & ſerve in arms as aforeſaid, ſhall upon certificate thereof under ſuch Officers hands as aforeſaid, to the next Juſtice of Peace of the County where ſuch party liveth be proceeded againſt in maner following, that is to ſay, the ſame Juſtice of Peace to whom ſuch certificate as aforeſaid ſhall be made, ſhall immediately i ue out a warrant to the conſtable of the hundred where ſuch party liveth to apprehend him and bring him before himſelf or ſome other Juſtice of the Peace of the ſame County, there to render a ſufficient excuſe if any he hath for ſuch his refuſal or nonappearance aforeſaid, & if the Juſtice of Peace ſhall not find the excuſe of ſuch party in ſuch caſe to be reaſonable and ſufficient, then he ſhall immediatly commis ſuch perſon to the cu ••• dy of the Sherrif of ſuch County there to remain until he ſhall find •• r ty to appear a t e next Provincial Court to be held for this Province there to be proceeded againſt according to the due courſe of Law, and if thereupon he ſhall be convict of ſuch his ob inate refuſal or disobedience as aforeſaid he ſhall be ned and impriſoned according to the directions of the Juſtices of the Provincial Court, and for the prevention of the great charge of Annual Aſſemblys who may meet for no other occaſion but to lay the publick Leavy in time of peace.

Be it Enacted by the Authority aforeſaid, that the Governour and Council during the intervals of Aſſembly for defraying and payment of the ſmall charge of this Province be and are hereby impowered to aneſs the ſame, equally to be leavied upon all the inhabitants of this Province for the defraying the ſaid ſmall charge in time of peace as aforeſaid, any thing in this Act to the contrary notwithſtanding. Provided always, and it is the true intent and meaning of this Act the ſaid ſums for the ſmall charges of this Province ſo to be aſſeſſed by the Governour and Council as upon the inhabitants of this Province as aforeſaid, exceed not in any one year the ſum of fifty thouſand pounds of tobacco, and the disbursments of the ſaid tobacco to be accounted for at the next General Aſſembly after the raiſing & disburſing the ſaid tobacco as aforeſaid.

And Be it further Enacted by the Authority aforeſaid, that all ſoldiers hereafter to be imployed in any publick ſervice within this Province be paid in the reſpective Countys where the ſaid ſoldiers live, this Act to indure for three years or to the end of the next eſtions of Aſſembly after the end of the ſaid three years.

An Act for the puniſhment of Privateers and Pyrates.

WHEREAS it highly tends to the honour of his Sacred Majeſty our Sovereign Lord William the 3d king of great Erittain Fr n & Ireland, & most conſiſtent with the duty of his Majeſtlys Loyal ubjects, that ſuch Articles as are concluded on in all treaties ſhould in a ſtrict manner be moſt inviolably preſerved and kept. and notwithſtanding his Majeſtys late treaty of peace made with his Allies, and likewiſe his Royal proclamation to that effect ſent throughout all his Majeſtys Dominions, yet divers of his Majeſtys ill minded and disobedient Subjects of order of his Maje •• ys Dominions as well by themſelves as in company with the Subjects of other Princes, and in their ſervice have comitted divers Robberys, Murthers and Pyra ys to the great ſcandal and reproach of the Engliſh Nation, and contrary to their Duty Faith and Allegiance, for preventing of the ſaid evils and puniſhing of all ſuch offenders we pray it may be Enacted.

And BE IT ENACTED by his moſt Excellent Majeſty by and with the Advice & Conſent of this preſent General Aſſembly & the Authority of the ſame, that from and after the publication hereof it ſhall be Felony for any perſon which now doth, or within five years laſt paſt, heretofore hath or hereafter ſhall inhabit or belong to this Province that ſhall commit any act of hoſtility by Commiſſion from or in the ſervice of any foreign Prince State or Potentate, or any imploy' do or under any of them againſt any other foreign Prince State or Potentate in amity with his Majeſty, and that all and every ſuch offender or offenders contrary to true intent of this Act, being thereof legally convicted in his Majeſtys Provincial Court of this Province, to which Court authority is hereby given to hear and determin the ſame, as in other caſes of Felony ſhall ſuffer pains of death without benefit of Clergy.

Provided nevertheleſs this Act nor any thing therein contained ſhall extend to any perſon or perſons which have been in the ſervice and imployment of any foreign Prince State or Potentate whatſoever, that hath returned to this Province & left and deſerted ſuch ſervice and imployment according to his Majeſtys Proclamation before the tenth day of May aſt paſt, rendring him or themſelves to the Governour or Commander in chief for the time being, and give him ſuch ſecurity 〈◊〉 he ſhall appoint for their future good behaviour, & alſo that they ſhall not depart this Province without the Governours Paſs, under the hand and ſeal of the ſaid Governour or Commander in chief for the time being

And for the better and more ſpeedy execution of juſtice upon ſuch who having committed Treaſon, pyracys, Felonys and other offences upon the Sea that 〈◊〉 be apprehended in this Province or brought hither in order to receive their ttyal here, Be it further enacted by the authority aforeſaid, that all treaſons, felonys, pyracys, robberys, murthers or confederacys committed or that hereafter ſhall be committed upon the Sea, or in any River, Haven Creek or Bay where the Admiral hath jurisdiction ſhall be inquired, tryed, heard, determined & adjudged within this Province in ſuch like form as if ſuch offence had been committed in & upon the Land, and to that end and purpoſe Commiſſions ſhall iſſue under the great Seal of this Province directed to the Judge or Judges of the Admiralty of this Province for the time being, and to ſuch other ſubſtantial perſons as by his Majeſtys Governour or Commander in chief of this Province for the time being ſhall be named or appointed, which ſaid Commiſſioners or ſuch a Quotum of them as by ſuch Commiſſion ſhall be thereunto authorized ſhall have full power to do all things in and about the inquiry, hearing, determining, adjudging and puniſhing of any perſon or perſons convict of the crimes and offences aforeſaid as any Commiſſioners to be appointed by Commiſſion under the great Seal of England, by vertue of a Statute made in the 8th year of the Reign of King Henry the VIII chap. 15. are impowered to do and execute within the Kingdom of England, and that the ſaid offenders which are or ſhall be apprehended or brought priſoners to this Province ſhall be lyable to ſuch order, proceſs, judgments & executions by vertue of ſuch Commiſſion to be grounded on this Act as might be awarded or given againſt them as if they were proceeded againſt within the Realm of England by vertue of any Commiſſion granted upon the ſaid Statute.

Be it further enacted by the authority aforesaid, that all and every perſon or perſons that ſhall any way knowingly entertain, harbour, conceal, trade or hold any correſpondance by letter or otherwiſe with any perſon or perſons that ſhall be deem'd or adjudg'd to be Privateers, Pyrates or other offenders within the purview of this Act, and that ſhall not readily endeavour to the beſt of his or their power to apprehend or cauſe to be apprehended ſuch offender or offenders ſhall be lyable to be proſecuted as acceſſorys and confederates, and to ſuffer ſuch pains and penaltys as in ſuch eaſe by Law is provided.

And for the better and more effectual execution of this Act, Be it further enacted by the authority aforeſaid, that all Comiſſion Officers in their ſeveral Precincts within this Province are hereby required and impowered upon his or their knowledge, or upon notice given, that any privateers, pyrates or other perſons ſuſpected to be upon any unlawful deſign in any place within their reſpective precincts, to raiſe and leavy ſuch a number of well arm'd Men as he or they ſhall think needful, for the ſeizing, apprehending and carrying to Goal all and every ſuch perſon or perſons, and in caſe of any reſiſtance or refuſal to yeild obedience to his Majeſtys authority, it ſhall be lawful to kill or deſtroy ſuch perſon or perſons that ſhall oppoſe or reſiſt by ſtriking or fiting upon any of the partys commanded to aid and aſiſt, they ſo reſiſting ſkall be deemed, taken and adjudged as Felons without benefit of the Clergy, and every ſuch Officer that ſhall omit or neglect his duty herein ſhall forfeit thirty pounds ſterling for every ſuch offence, to be recovered in any of his Majeſtys Courts of Record within this Province, by bill plaint or information, wherein no eſſoyn protection or wager of Law to be allow'd, one moiety thereof to our Sovereign Lord the King his Heirs & Succeſſors for & towards the ſupport of the government of this Province and the contingent charges thereof, and the other moiety to the informer that profecutes or ſues for the ſame, and all and every perſon or perſons that upon orders given him or them that ſhall refuſe to repair immediatly with his or their arms well fixed and ammunition to ſuch place or places as ſhall be appointed by the ſaid Officer and not readily obey his commands in the execution of the premiſſes, ſhall be lyable to ſuch fines or corporal ou i hment being legally convicted thereof, as the juſtices of his Majeſtys Provincial Court ſhall think fit.

An Act for appointing Ptrſons to treat with Workmen for the building of a Church at the Port of Annapolis.

An Act for limitation of Officers Fees.

THE Burgeſſes and Delegates of this preſent General Aſſembly taking into their ſerious conſideration the great complaints heretofore and ſtill made by divers the good people of this Provinc of the great extortion and oppreſtion which as and hath been in this rovince under colour of office committed by ſeveral Officers and Mini •• ers of this Province, and every of their deputys, miniſters, ſervants and officers in exa ••• ing unreaſonable and exceſſive Fees from the good people of the ſame, and for prevention of the like abuſes for the future the Burgeſſes and Delegates of this preſent General Aſſembly pray that it may be Enacted. And B IT ENACTED by the Kings moſt Excellent Majeſty by a •• with the Advice and Conſent of this preſent General Aſſembly and the Autho •• y of the ſame, that from and after the publication hereof no officer or officers hereafter mentioned in this preſent Act, their miniſters, ſervants or deputys by reaſon or colour of his or their office or offices have, receive or take of any perſon or perſons directly or indirectly any other Fees then by this Act is hereafter limitted and allowed to the ſeveral Officers hereafter mentioned.

To the Chancellor or Keeper of the great Seal.

For Seal of an original Writt pounds of tobacco, for Seal of a Recordari 12, for •• al of ubpena ad reſp ndendum with three names or under 15, for ev'ry name more than three , for Seal of a Proclamation of Rebellion 21, for Seal of a Commiſſion of Rebellion 00, for Seal of a grant of Land for 100 Acres or under 120 for ev'ry undred Acres above 100. 12, for Seal of a decree in Chancery 430, for Seal of an •• junction in Chancery 240, for Seal of an Audita querela 120, for Seal to Execution of a decree in Chancery 162, for Seal of a Writt of Covenant for 〈◊〉 a Fine 15, for Seal of a Commiſſion to take acknowledgment 120, for the Chancellors hand to a Writt of Aſſize 240, for Seal to a Writt of Error to the Council 240, for Seal to ſcire fa ias thereupon 240, for Seal of a Superſedeas thereupon 240, for the Seal to a Certiorari 240, for the Seal of an exemplification of land the ſame with a attent or Grant, for the Chancellors hand to a Writ of Covenant 240, for the Seal to a mandamus 120, for the Seal of a melius inqui •••••• 120, for the Seal to 2 Commiſſion for County Court 430, for Seal of dedimus 〈◊〉 to ſweat the juſtices 240, for Seal of a Superſedeas to a Commſſion of Rebellion or Supplica it 240, for Seal of a Sharrifs Pattent for his Office 480, for Seal of the poſſe comitatus 120, for Seal of a Writt of diſcharge if any 120, for Seal of a Pattent of Denization 430, for the Seal to a ne exeat Provinciam 120, for Seal of a Writt of Error from County Court 120, for Seal of a ſcire f cias thereupon 120, for Seal of a ſuperſedeas thereupon 120, for Seal of all and every other matter and thing that ſhall paſs the great Seal & not herein contained each 120.

To the Commiſſary General or chief Judge in Teſtamentary Cauſes.

For every Letter of Adminiſtration or Letter Teſtamentary 100 l. of tobacco, for every Bend 60, for every Oath 16, for a Warrant to Appraiſors 28, for ev'ry Warrant to ſwear them 28, for ev'ry Commiſſion to prove a Will or to take Oath to account or of adminiſtration 100, for recording Wills. Inventarys or copying the ſame, or any other matter out of the Commiſſarvs Office 16 per ſide copying, 7 words to a line and 15 lines to a ſheet 16, fos every order in teſtamentary cauſes 16, for every Citation 20, for filing every Libel, Anſwer, Replicavit, Petition &c. 40, for Subpaena for coſts 16, for drawing definitive Sentence per ſide 16, for filing of coſts 16, for copy of coſts 16, for Recording definitive Sentence per ſide 16, for execution of deſinitive Sentence per ſide 16, for Seal to the definitive Sentence 480, for Seal to the execution of ſuch definitive Sentence 240, for copy of ev'ry Libel, Anſwer, Replicavit or Rejoy dure per ſide as before 16, for drawing depoſitions of witneſſes per ſide 16, for filing laterrogatorys 40, for entry of a demand for adminiſtration or probat of wills 8, for entry of every Return 8, for ev'ry appearance 16, for an attachment of contempt 56, for a quietus eſt 100.

Sacretarys Fees.

For a Recordari 12 l. of tobacco, for a Subpaena ad Reſpond' with 3 names 15, for ev'ry name more then 36, for attachment of contempt 18, for Proclamation of Rebellion 120, for an injunction 240, for an audita querela 120, for a Writt of covenant to paſs a fine 1 5, for a Commiſſion to take acknowledgment 120, for a Writt of A •• ze 30, for a Commiſſion to fine Officers upon a melius inquirendam or monſtra verunt 120, for a ne exeat Provinciam 120, for drawing any inſtrument that paſs the Seal if it exceed one ſide computing 7 words to a line and 15 lines to a ſide and ſo pro rato for more 16, for recording the ſame as before, for entring any other matter upon Record not exceeding half a ſide of a leaf 8, if the matter entred upon Record be above half a ſide computing as before for every Folio 16, copying the ſame with recording, for any Warrant or Licence againſt or to one perſon only, not under the Seal 15, for any Warrant or Licence being againſt or to more then one not under the Seal then for each 15, for any other paſs or discharge not under the Seal 15, for ſearch of a Record the firſt year nothing, for ſearch of a Record above one year ſtanding for ev'ry year after per Annum 4, for filing ev'ry Bill in Chancery 40, for ev'ry the ſame ſhall continue 40, for filing every anſwer 36, for every Oath to the ſame 12, for writing a Commiſſion a Bond and recording it for every Sherrifs Office 240, for Writt of poſſe comitatus 120, for Writt of discharge if any 120, for writing & recording a Commiſſion and dedimus poteſtaetem for the County Court 330, for every Writt and return 28, for every Subpaena and Return 38, for filing and recording every Declaration per ſide accounting 15 lines to a ſide and 7 words to a line 16, for copy of the ſame at the ſame tate, for every appearance entred 12, for entry of an imparlance 8, for a continuance or reference 8, for filing a plea if not ſpecial 8, for ſpecial plea per ſide as before 16, for making up the Iſſue 32, for rule to plead or for tryal 8, for a venire facias for Jurors 28, for copy of pannel 8, for every verdict 8, for Writt of enquiry of damages 88, for entring Judgment 32, for ſigning Judgment 24, for copy of Judgment 32, for tranſcript of the whole proceedings per ſide as before 16, for filing of a Bill of coſt 16, for copy of it if demanded 16, for every Execution and Return 28, for an artachment and ſcire facias 56, for every ſpecial Bail 16, for filing and recording any Demur or 16, for drawing a Proteſt and recording it 240, for drawing any other matter as publick Notary atteſted under the Seal 50, if ſuch matter exceed one ſide then per ſide 16, for Recording a Pattent for Land 120, for proving Rights per pole 2, for entring a ſignment not exceeding half a ſide 16, for entring certificates for land 16 per ſide as before 16, for warrant for land 28, for warrant of Reſurvey per order of Council 0 for habero facias poſſeſſionem 28, for a Repievin 28, for a Procedendo 28, for a Writt of Reſtitutution 28, for drawing dedimus poteſtatem to examin witneſſes 50, for a habeas corpus 50 for Certiorari 50, for a Commiſſion to audite 50, for an Elegit 50, for a Commiſſion of Reſurvey 50, for a Writt of Diminution 28, for a Writt of Error to the County Court 50, for a ſcire facias thereupon 50, for a Superſedeas thereupon 50, for entring an acknowledgment of Land in Court 12, for recording a Conucyance at 16 per ſide as before 16.

For the Secretary in Criminal Caſes.

For taking every Recognitance in Court 28, for discharge of every Recognizance 28, for every venire facias or warrant to apprehead Criminals 30, for appearance 16, for every Reſpit and continuance 28, for every order in Criminal caſes 16, for copy of every Recognizance 28, for every Indictment 16 per ſide as before 16, for copy of every Indictment the ſame, for filing plea to the ſame 8, for confe ••• on of every Indictment 16, for allowance of a Writt of Error 28, for every indictment after the 〈◊〉 name 24, for rule for tryal 16, for copy of Panel 8, for recording verdict 8, for entring conviction and ſigning judgment 56, for Writt of Execution thereupon 56. All other Fees not herein comprized belonging to the Secretarys Office to be charged as Officers do in England, pro rato at one penny per pound.

To the Surveyor General and his Deputys.

To the Survey of 100 Acres of Land or under one pound of tobacco per Acre, for ony quantity above 100 Acres and under 200 Acres for the firſt hundred as before and half a pound of tobacco fot the re •• per Acre, if between 200 & 500 acres then for the firſt 200 acres as before and a quarter of a pound of tobacco for all above, for 500 acres as before, and for all above ten pounds of tobacco per 100 acres, for every platt allowing three platts for every Survey, (that is to ſay) 1 to the party 1 exammer general the other to be entred upon the ſurveyors book ten pounds of to bacco for the firſt 100 acres or under, and after the rate of 5 pounde of tobacco per cent' for all above the firſt 100 acres. For journy Fees if the ſame be di •• ant from the Surveyors Houſe 20 miles or under 40 pounds of tobacco, if above 20 and under 40 miles 80 pounds of tobacco, if above 40 miles and under 6 then 120 pounds of tobacco, and ſo pro rato to the party finding a Boat and Hands and other neceſſary provi •• ons. For every Certificate of Survey be the quantity more or leſs 5 pounds of tobacco, for the Reſurvey of 140 acres of land or under made with circumferenter chains and other neceſſary inſtruments 400 l of tobacco, for Reſurvey of any quantity of land above 140 acres double Fees above ſpicified, for Survey in all reſpects except it be otherwiſe limitted by the Act for aſcertaining the bounds of Land.

Sherriffs Fees.

For ſerving a Writt and Bail Bond 35 l. tobacco, for tending on a priſoner one day 24 hour in cuſtody 20, and ſo pro rato for a longer time, for collecting the publick dues for every hundred 10, for ſerving an Attachment or Execution 10, and if an Execution be for above 100 & under 500 l. tobacco 50, if it exceed 500 pounds of tobacco then 100, if it exceed 1000 then for the first 1000 100, and e-1000 afterwards 50, and after the ſame rate for money or tobacco. And it is hereby declared that it is the true intent and meaning of this Act the ſeveral and reſpective Sherriffs ſhall have no more Fees then for what ſhall appear to be juſtly due upon ſuch execution, and the ſame Fees for leavying any Attachment for any ſum whatſoever money or tobacco or the value thereof in any Goods or Merchandizes, provided the ſame be condemned to the uſe of the party plaintif attaching the ſame, and pro rato for ſuch part thereof as ſhall be condemned, but if no part ſhall be condemned that ſhall be attached, then the ſaid Sherriff ſhall have only ten pounds of tobacco for returning the Writt aforeſaid and no more. For impannelling a Jury 120, for ſerving any extraordinary Warrant or Commiſſion to be regulated by the Court, for ſerving a ſcire facias including the perſons ſumoned 30, for ſerving a Citation 30, for executing a Commiſſion of Reſurvey per day 100, for impannelling Jury 240, if impowered to ſwear Jury and Evidences then for every Oath 12, for every non eſt inventus returned 10, for ſerving a Subpaena 30 pounds tobacco.

To the Coroner.

For viewing the body of any perſon or perſons murthered, ſlain or otherwiſe dead by misadventure, to be made out of the Goods and Chattels of the party ſo dead if any there be, otherwiſe to be leavied by the Commiſſioners of the County where ſuch accident ſhall happen 250 pounds of tobacco, for arreſting or ſumoning any Sherriff ſued or proſecuted in any Court, and for taking ſecurity for ſuch Sherriffs appearance 40, for arreſting, ſumoning or attaching any other perſon or perſons wherein the Sherriff is Plaintiff ſuch Fees as are allowed to be taken by the Sherriff in ſuch caſes and no more.

To the Cryer of the Provincial Court.

For ſwearing every Jury 144 pounds tob •• co, for ſwearing every Witneſs 12, for ſwearing the Bayliff 12, for every ſpecial Bail 72, for every good behaviour 72 for clearing ev'ry Priſoner by Proclamation 80, for the acquittal of ev'ry Priſoner 80, for ev'ry appeal from the County Court 50, for ev'ry Writt of Error return'd from the County Court 50.

To the Clerk of the Council.

For every Petition in Council and Order in favour of the party 200 l. tobacco, For any Commiſſion or other inſtrument prepared by the ſaid Clerk to paſs the broad Seal if for a place of profit 400. For ev'ry Sherriffs Commiſſion 400, For every Ranger, Surveyor or Commiſſion of profit granted in Council 200, For Recording any matter in Council per ſide 24, and ſo pro rato for more or leſs, For copy of any matter or thing from the Council Records the ſame per ſide For all Searches to the Clerk of the Council as is to the honourable Secretary. For every private Bill 100.

To the Clerk of the high Court of Appeals.

For Recording every Writt of Error Scire facias and Return per ſide 24 l. tobac' o, and ſo pro rato 7 words to a line and 15 lines in a ſheet, the like Fee for Recording the tranſcript, the like Fees for Recording the Errors, For entring and ſigning Judgment 84, For filing a Bill of coſt 24, For copy of the ſame 24, For all other Fees as are taken in the Provincial Court Office.

To the Clerk of the County Courts.

For a Writt and Return 16 l. tobacco, for every Declaration if a ſide 8, and ſo pro rato if more, for copy of the ſame if demanded as before, for entring the Deſendants appearance 6, for every Imparlance 4, for filing ev'ry Plea & Demurrot if not a ſpecial one 4, if a Folio pro rato, if any copy delivered pro rato, for entring any matter upon Record if half a ſide 4, if more then pro rato as before, for a Subpaena if but one name 10, if 2 or 3 names 16, for Rule to plead or tryal 4, for making up the iſſue 8, for copy if delivered 8, for entring Judgment 16, for ſigning judgment 12, for venire facias for jury 12, for entring the pannel 4, for filing Bill of coſt 8, for copy of the ſame 8, for Execution and return 16, for ſcire faciaes and return 16, for ſpecial Bail 6, for Writt of inquiry of damages 44, for entring an Appeal 8, for the return of certificate & copy of the Record per ſide 8, for entring a Writt of Error 8, for every Oath 6, for proving any deed or writing 8, for copy of the ſame if required per folio 8, for recording the mark of Cattle & Hoggs 4, for taking the acknowledgment of Land in Court 12, for recording a conveyance for land per ſide 8, for allowance of an habeas corpus 8, for ſearch every year after the firſt 4.

For Criminals.

For taking every recognizance 14 l. tobacco, for diſcharge of recognizance 14, for venire facias or warrant 15, for evety appearance 8, for every reſpit or continuance 8, for every order 8, for copy of recognizance 14, for every indictment 〈◊〉 ſide 8, for copy of indictment per folio as before 8, for filing plea 8, for confeſſion on indictment 8, for copy of the pannel 4, for recording the verdict 8, for entring the judgment 28, for execution of the judgment 28.

To the Cryer of the County Courts.

For ſwearing every Jury 72 l. tob' for ſwearing the Bailiff 6, for every Oath 6, for ſpecial Bail 3 , for good behaviour 36, for clearing every priſoner by Proclamation or Acquittal 40 l. tobacco. Provided always that in caſe any perſon ſhall refuſe to pay the ſame ſo by this Act limitted and allowed, it ſhall and may be lawful for the Chancellor, Secretary, Judge for probat of wills, Surveyor General or his Deputys, Sherriff, Coroner, Clerk of the Council, Clerk of the Court of Appeals, the ſeveral Clerks of the County Courts, Cryer of the Provincial Court and the Cryers of the ſeveral County Courts to recover the ſame by way of execution againſt the goods, tobacco or chattels of the perſon or perſons ſo refuſing & no other: Provided always that ſuch perſon or perſons having no tobacco, and that ſhall refuſe to ſhew to ſuch Officer or Officers as ſhall collect the ſame ſuch goods and ckattels, it ſhall be lawful for ſuch Officer or Officers to take the body or bodys of ſuch perſon or perſons in execution for the ſame.

Provided alſo that no Officer or Officers in this Act particularly mentioned, & whoſe Fees are hereby ſettled and limitted ſhall by vertue thereof either leavy or cauſe to be leavied any Execution upon the Body Goods or Chattels of any perſon or perſons whatſoever for any Fees in this Act limitted & contained without delivering or cauſing to be delivered a true and juſt accoun of the Fees to them due by this Act as aforeſaid, under the hand or hands of ſuch Officer or Officers to the perſon or perſons from whom ſuch ees demanded are due as aforeſaid thirty days at the leaſt before Execution leavied, and in caſe any of the ſaid Officer or Officers as aforeſaid ſhall in any wiſe act or do contrary directly or indirectly to this Act he or they ſo offending ſhall looſe and forfeit to the party grieved trebble damages ſuſtained, and ſhall alſo forfeit th ſum of ſix thouſand pounds of tobacco or forty pounds ſterling, the one moiety thereof to our Sovereign Lord the King his Heirs and Succeſſors for the ſupport of government, to be recovered in his Majenys name, the other moiety to the party or parrys 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 allowed.

And it is further provided that if any Fees for any matter or thing hereafter to be done bejonging to the ſeveral Officers aforeſaid, and by the Governour and Council to allowed and adjuged and not in this Act mentioned, limitted, allow'd and adjudged, it ſhall be lawfull for ſuch Officer to have ſuch Fee or Fees as the Governour and Council for the time being ſhall adjudge and allow of and no more under the penalty aforeſaid, to be recovered as aforeſaid; this Act to endure for three years or to the end of the next Seſſions of Aſſembly which ſhall firſt happen.

FINIS

In the XII. Year of the Reign of our Sovereign Lord King William the III. of England &c. At a Seſſions of Aſſembly Begun and Held at the Town and Port of Annapolis April the 26th. And Ended May the 9th. Anno Domini 1700. Were Enacted theſe Laws following. viz.

An Act for the Service of Allmighty God, and Eſtabliſhment of Religion in this Province, according to the Church of England, &c.

FORASMUCH as in a well-grounded Chriſtian Common Wealth, Matters concerning Religion, and the Honour of God, ought in the firſt place to be endeavoured and taken into Conſideration, as that which is not onely moſt acceptable to God, but the beſt way and means to obtain his Mercy and Bleſſing upon a People or Country.

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 all things that have been heretofore Legally done, by Vertue of former Acts of this Province for this purpoſe made, and bearing this Title, or tending thereto; in and ſince the Year 1692 be and are hereby Ratified and Confirmed, according to the reaſonable Intent and Direction of the ſaid Laws; to the Intent that the further proceedings on ſo great and good a Work, may be advanced and perfected by this Law. To which purpoſe, Be it Enacted by the Authority aforeſaid, that the Book of Common Prayer and Adminiſtration of the Sacraments, with other Rites and Ceremonies of the Church, according to the uſe of the Church of England, the Pſalter or Pſalms of David, and Morning and Evening Prayer therein contained, be ſolemny read, by all and every Miniſter or Reader in every Church, or other place of publick Worſhip within this Province. AND whereas the preſent Conſtitution of this Province, being in its infancy, will not admit of raiſing a maintenance by way of Tithes as in England; Be it Enacted by the Authority aforeſaid, That for the Encouragement of Faithful and Able Miniſters Labouring in the work of the Goſpel, to come and reſide in this Province, inſtead of ſuch Tithes uſually in England as aforeſaid; a Tax or Aſſeſſment of Fourty Pounds of Tobacco per Pole, be yearly, and every year, ſucceſſively Leavied upon every Taxable Perſon within each Reſpective Pariſh within this Province; as they have been, now are, or hereafter ſhall be laid out, limitted, and appointed by the Law of this Province; and entered upon Record, as the ſaid former Laws therein did direct; which ſaid Aſſeſſment of Fourty Pounds of Tobacco per Pole, ſhall allways be paid and allowed to the Miniſters of each reſpective Pariſh; having no other Benefice to officiate in; Preſented, Inducted, or appointed by his Excellency the Governour of this Province, or other Perſon thereunto Legally Authorized, in manner hereafter Expreſſ'd and Ordained: And every ſuch Miniſter is hereby required, and enjoyned to appoint, and conſtantly to keep a Clark of ſuch Pariſh Church, and to pay and ſatisfie ſuch Clark the Sum of one Thouſand Pounds of Tobacco yearly, and every year, out of the ſaid Fourty per Pole. And to prevent all illegal and unlawful Marriages, not allowable by the Church of England, but forbidden by the Table of Marriages. Be it Enacted by the Authority aforeſaid, That no Miniſter, Prieſt, or Magiſtrate ſhall preſume to joyn together in Marriage any Perſons whatſoever, contrary to the Table of Marriages, by this Act appointed to be ſet up in every Pariſh Church within this Province; Nor ſhall any Perſons forbidden to Marry together by ſuch Table of Marriages, preſume to be joyned in Marriage under the penalties following. That is to ſay, under the penalty of five Thouſand pounds of Tobacco, upon the Miniſter, Prieſt, or Magiſtrate joyning ſuch Perſons in Marriage: And under the like penalty of five Thouſand pounds of Tobacco upon the Perſons ſo joyned in Marriage; to our Sovereign Lord the King, for the uſes in this Act hereafter mentioned. And to prevent any Lay Perſons, from joyning any Perſons in Marriage, where a Miniſter or Prieſt can be had, and to aſcertain what ſhall be paid for Marriages. Be it likewiſe Enacted by the Authority aforeſaid, That In every Pariſh, where any Miniſter or Incumbent ſhall reſide, or have charge of Souls, therein no Juſtice or Magiſtrate ſhall joyn any Perſons in Marriage, under the penalty of five thouſand pounds of Tobacco for ſuch Offence, to our Sovereign Lord the King as aforeſaid. And that it ſhall be lawful for every Miniſter to take and receive of every Perſon or Perſons by him Married, the Sum of five Shillings Sterling, and no more, any Law to the contrary notwithſtanding. Previded ſuch perſons come to ſuch Pariſh Church or Chapel at time of Divine Service, for contracting ſuch Marriage. And for the better and more effectually collecting the ſaid Duty of fourty pounds of Tobacco per Pole, and paying the ſame to the uſes by this Law intended and appointed; as alſo for incorporating a pollitical Body, capable in Law to recover and receive all Rights and Perquiſites accrewing or growing due in Law or Conſcience, to any Pariſh Church, or Churches for any pious uſe, or uſes whatſoever.

Be it Enacted, that the Sherrif of each ſeveral County ſhall, and is hereby obliged to collect, and gather the ſaid Aſſeſſment of fourty per Pole of the ſeveral Perſons within each reſpective Pariſh in his County, in the ſame manner, and by the ſame authority as the publick and County Leavy is collected, and ſhall pay the ſame fourty pounds per Pole to the Veſtry of each reſpective Pariſh by this Act conſtituted and incorporated a Body pollitick, if there be no Incumbent or Miniſter inducted, inſtituted, or appointed, but in every ſuch Pariſh where there is ſuch Miniſter or Incumbent, and who ſhall be legally Inveſted with the ſaid Duty of fourty per Pole, the ſame ſhall be allways paid to the ſaid Miniſter or Incumbent by the order of the Veſtry, as the ſame ſhall ariſe and grow due, after ſuch Miniſter or Incumbents Qualification as aforeſaid; each Sherrif deducting for his Sallary in collecting the ſame, five pounds of Tobacco per Hundred, and no more; any uſuage or cuſtom to the contrary notwithſtanding. And the better to enable the Several Veſtrymen by former Laws, and by this appointed and confirmed, to Execute the Truſt and Authority Repoſed in them; Be it further Enacted by the Authority aforeſaid, by and with the Advice and Conſent aforeſaid, That the Several Veſtrymen of the ſeveral Pariſhes within this Province, that now are, or hereafter ſhall be choſen and elected, as they have been, ſo they ſhall be and continue; and are hereby Confirmed and Conſtituted a Body Corporate, and ſo to remain, and be by Succſſion in times to come, to the uſes and purpoſes following; that is to ſay, for the receiving the ſaid fourty pounds of Tobacco per Pole, and the applying and diſpoſing the ſame as by this Act ordained. And the ſaid Veſtryman, are hereby Empowered and Enabled by the Names of the principal Veſtryman, and his Brethren Veſtrymen of ſuch Pariſh, to recover take, and receive, into their cuſſody and poſſeſſion, to be diſpoſed of in pious uſes, for the benefit of the Church and Pariſh, any Lands, Tenements, Hereditaments, or any Eſtate in any Lands, or Tenements of what nature or kind ſoever; or any manner of Goods, Chattels, Debts, Credits, or other perſonal Eſtate, of what nature or kind ſoever; and by what manner of way ſoever, given, granted, bequeathed, or beſtowed, either by Deed, Gift, Promiſe, or Grant of the Donor or Donors in Life, or by any laſt will and teſtament, or any otherhoneſt and lawful Ways or Means whatſoever: which ſaid Veſtry's, or Bodies Corporate are confirmed, and hereby made capable of Suing, and being Sued by the Names and Titles aforeſaid, of, for, and touching any the premiſes; of which Veſtry, or Body Corporate the Number ſhall allways be ſix at leaſt, except upon death o abſence of any one of them; and in ſuch caſe of death, or abſence, or other Legal Incapacity of Serving, the remaining part of ſuch Veſtry, ſhall with all convenient Speed meet, and by Majority of Voices, elect and chooſe one or more ſober and diſcreet perſon or perſons Freeholders, of each reſpective Pariſh, to ſupply ſuch abſence or defect, and ſuch perſons ſo elected and choſen, after taking the uſual Oath appointed by Act of Parliament; inſtead of the Oaths of Allegiance and Supremacy, and the Oath of a Veſtryman, appointed by this Act. That is to ſay, I do ſolemnly Swear and Declare, that I will juſtly and truly execute the Truſt and Office of a Veſtryman of this Pariſh, according to my beſt Skill and Knowledge, without Prejudice Favour or Affection; but with equal Right to all Perſons, for the benefit of this Church and Pariſh: And will not diminiſh or detain, from any Miniſter Legally quallified and preſented, inducted or appointed by his Excellency the Governour, or other perſon Legally Authorized thereto; any Right Perquiſite or Benefit given by Law, So help me God. And ſubſcribing the Teſt and Aſſociation, ſhall be deemed and taken as one of the Veſtry, to all intents and purpoſes. And if any perſon ſo choſen Veſtryman, ſhall refuſe to ſerve and take the Oaths aforeſaid, he ſhall be fined one thouſand pounds of Tobacco, to his Majeſty as aforeſaid. And the ſame method ſhall allways be obſerved, to perpetuate the Succeſſion of the Veſtry, in all time to come. Provided allways, That in every Pariſh, where any Miniſter or Incumbent is, or ſhall be inſtituted, inducted, appointed, and inveſted with the fourty per Pole, and reſiding therein, he ſhall during his continuance aforeſaid and no longer, be one of the Veſtry of ſuch Pariſh, and principal of ſuch Veſtry, altho' there be the Number of ſix perſons before; and for keeping a fair Regiſter of all ſuch Veſtries proceedings, and for Regiſtring of all Births, Marriages, and Burials, in each reſpective Pariſh. BE IT ENACTED by the Authority Advice and Conſent aforeſaid, That each Veſtry ſhall, and is hereby obliged, to appoint, and keep a •• t perſon for a Regiſter, who ſhall at all timer keep a fair Regiſter of the Veſtries proceedings, in Executing their Truſt and Authority; which Regiſter ſhall allſo take the Oaths aforſaid, and alſo an Oath given him by the ſaid Veſtry, for the due and faithful executing his ſaid Office: and ſhall make true Entry of all Veſtry Proceedings, and of all Births, Marriages, and Burials, (Negroes and Mallattoes excepted) That is to ſay, the Chriſtian and ir name, with the Day, Month, and Year of every ſuch Birth, Marriage, or Burial; to which purpoſe, all and every the Inhabitants of each Pariſh, that are either Parents, Guardians, Overſeers, Maſters, or Miſtreſſes of any perſons, Born, Married, or Buried; are hereby injoynd and required, to give notice to the Regiſter, of ſuch Pariſh within two Months after ſuch Birth, Marriage, or Burial; and pay him ſix pence for Entrng it, at the time of giving Notice aforeſaid; under the penalty of one hundred pounds of Tobacco to ſuch inhabitants aforeſaid; refuſing or neglecting as aforeſaid. And under the penalty of one hundred pounds of Tobacco to ſuch Regiſter, refuſing or neglecting to enter it, having received his Fee for the ſame; and ſuch Regiſter, is likewiſe hereby obliged to ſhew any perſon or perſons reaſonably deſiring it, any ſuch Regiſter, or give a Certificate of any Regiſter of Births, Marriages, or Burials; that ſhall be reaſonably required of him, and ſhall have for his Fees from ſuch perſons ſix pence for any Search, and ſix pence for any Copy or Certificate given as aforeſaid, and no more; hereby Ratifying and Confirming as valid, all Regiſters or Entries of any Births, Marriages, or Burials heretofore made, with any Clark of any County Court, according to Directions of ſuch Laws as were then in force; before any of theſe aws were in being. And that the Regiſter of each Pariſh, may be enabled to perform the Charge hereby required of him. BE IT ENACTED by the Authority, Advice, and Confent aforeſaid, That if there be any Veſtries of any Pariſhes, that have not allready provided good and ſubſtantial Writing Books well bound, ſufficient for Regiſtring ſuch proceedings in, aecording to the Directions of the former Laws, That in every ſuch caſe, of ſuch Neglect or Omiſſion, the Veſtry of ſuch Pariſh ſhall at the Pariſh Charge, provide ſuch Book or Books, within ſix Months from the End of this Seſſion of Aſſembly, under the penalty of five hundred pounds of Tobacco each Veſtryman, (the Miniſter only excepted) neglecting as aforeſaid, to our Sovereign Lord the King, for the uſes herein mentioned. And that there may be no neglect in the Veſtries, or thoſe imployed under them, in the careful and Conſcionable Performances of their Several Charges in this Law contained; the ſaid ſeveral Veſtrles are hereby obliged to meet frequently, or as often as need ſhall require, upon notice given by the principal Veſtryman of each Pariſh, to conſult of the Methods and Ways of performing the ſeveral Authorities Repoſed in them; and from which Veſtries ſo appointed, no Veſtryman without Lawful Impedement ſhall abſent himſelf, under the penalty of one hundred pounds of Tobacco to each Veſtryman, willfully neglecting to appear as aforeſaid; and under the ſame penalty, to ſuch principal Veſtryman who ſhall not appoint ſuch Veſtry to meet when need ſhall require; ſuch Omiſſions and Neglects to be Noted in the Veſtries Regiſter of proceedings, and Recovered in his Majeſties Name. And the ſaid ſeveral and reſpective Veſtries are hereby further injoyned, that where there is not Tables of Marriages already put up in their Reſpective Pariſh Churches, with all convenient ſpeed, and within ſix Months at themoſt, to procure a fair Table of Marriages tranſcribed, and ſet up in their Reſpective Churches; and the ſame keep continually in the ſaid Church, that perſons being thereby informed what Marriages are forbidden, may avoid the contracting any ſuch unlawful Marriage; and that the ſaid Veſtrymen, do once every Year, in or about the Month of January, yearly make choice and appoint two ſober and diſcreet Freeholders of their Reſpective Pariſhes, to be Church Wardens for that Year, upon penalty of two hundred pounds of Tobacco each Veſtryman, (except thoſe excepted) neglecting either in the Table of Marriages, or appointing Church Wardens to our Sovereign Lord the King as aforeſaid, which Church Wardens ſo choſen, ſhall take the uſual Oaths, and likewiſe declare on his Oath given by the Veſtry, well and faithfully to execute that Office the enſuing Year, according to the beſt of his knowledge; and any ſuch perſon or perſons ſo choſen, Church Warden or Wardens, that ſhall willfully refuſe to ſerve in the ſaid Office, and take the Oaths aforeſaid, ſhall be ſined one thouſand pounds of Tobacco to our Sovereign Lord the King, and the Church Wardens, and Veſtry are Authonſed and Required, to take constant Care to ſatishe and pay the Farochial Charges, and of all neceſſary Repairs and amendments of the reſpective Churches, Chapels or Church-yards; and cauſe the ſame at a •• times to be repaired and amended, as need ſhall require; and ſatis e and pay for the ſame, either out of the fourty per Pole, where no Miniſter is appointed, or out of ſuch other Gifts, Grants, Goods, Chattels, or Credits as ſhall come to their Hands, for the Church or Pariſh uſe; if there be any Miniſter inſtituted therein. But if it ſhall ſo happen, that there ſhould be a Miniſter Legally inſtituted therein, and the Ve ry have not any Enects in their Hands, beſides the fourty per Pole, to pay Parochial Charges, as aforeſaid, or to make ſuch neceſſary Repairs as is required, then and not otherwiſe, it ſhall be Lawful for the juſtices of the County Courts, upon application of ſuch ari •• , Ve ry, and Church Wardeus to aſſeſs the Reſpective Pari hes, by a certain sum of Tobaceo, not exceeding ten pounds of Tobacco by the I ole in any one Year; which abetment, made by ſuch County Court, and a Certificate there of under the County eal, ſhall be ſuſſicient to the Sherrif of ſuch County, to Leavy ſuch Tax by the pole, on the Taxables of ſuch Pariſhes in the ſame manner as other publick Dues are Leavied, and ſhall not deduct above five per Cent. for his Sallary, and pay the ſame to ſuch Ve ry, for the uſe aforeſaid; and to the Intent that this Act may anſwer the End of the Makers. Which is, That his Majeſty's good Subjects of this Province, may be in ructed in Religion, and therein, of their Duty to God, his Majehy and themſelves: And thoſe Pious and Exemplary Perſons that ſhall Labour therein ſuitably provided for. Be it Enacted by the Authority Advice and Conſent aforeſaid, That no Miniſter or Incumbent ſhall at one time, hold more than two Pariſhes, nor two Pariſhes, but by the Denre and Agreement of the Veſtry of the ſaid adjacent Pariſh, and Conſent of the Ve ry's where he rendes, and the appointment of his Excellency the Governour, or other perſon Legally Authoriſed thereunto for the time being; nor claim other, or larger part of the fonrty per Pole, than what ſuch adjacent a iſh ſhall Conſent and agree with him yearly to pay. And it is the true intent and meaning of this Act; That what Sum or Sums of Money, Tobacco, Goods, Chattels or any other Intereſt, except Land, given to the uſe of the Church, and the fourty per Pole, that ſhall come into the Veary's Hands, by any means whatſoever as aforeſaid; ſhall always be imployed in the first place, to Repairing the Church, or Chapel, and what appertains to it; and providing decent Ornaments and Requiſites for the ſame, and other parochial charges; and in the next place, for and towards the Educating and Inſtructing poor Orphans of the Fariſh, that are not able to procure Inſtruction to themſelves; and if any thing remains, over and beyond what will anſwer theſe occaſions, to ſuch other pious and Charitable uſes, as the Ve ry and Church Wardens of of ſuch Pariſh ſhall nd moſt requiſite in their Directions; and that the ſeveral Veſtrymen of each reſpective Pariſh may not be diſcouraged, to look after any thing, that by any means as aforeſaid, becomes the Pariſh Right and Due. Be it Enacted by the Authority Advice and Conſent aforeſaid, That in any Action by them Commenced in the Name of a Veſtry, and for the benefit of the Pariſh as aforeſaid, they ſhall not be obliged to pay any Fees or Coſt of Suite, to any Perſon or Officer, unleſs they Recover in the ſame Action; nor pay the Defendant any Coſt, in caſe the Veſtry ſhall not recover, or be Caſt on ſuch Tryal. And that the major part of the Members of every Veſtry, ſhall be Conſtrued the Veſtry, capable to proceed in any matter; and that where there are not, or ſhall not be Miniſters, in any Pariſh it ſhall, and may be Lawful for the Veſtry to provide ſome ſober and diſcteet Perſon as a Reader, and agree with him for ſuch Service, ter year, or otherwife for leſs time; and allow him his pay out of the fourty per Pole, what part thereof they ſhall agree for, not exceeding the one half yearly of ſuch Revenue; and and upon ſuch Reader's taking the ſaid Oaths appointed by Act of Parliament, ſubſcribing the Teſt and Aſſociation, and procuring Licence from his Excellency the Governour, or other Perſon thereunto authoriſed; ſhall and may Read Divine Service, Himilies and other good Authors, of practical Divinity at the uſual times in ſuch Church or Chapel, and therein ſhall demean himſelf according to the Liturgy of the Church of England as aforeſaid. Laſtly, it is Ordained, and Enacted, by the Authority Advice and Conſent aforeſaid, That the ſeveral Fines and Forfeitures that ſhall happen by the Tenor of this Act, ſhall be recovered by Action of Debt in his Majeſties Name, his Heirs or Succeſſors; and applyed to the uſe of the Pariſh, and in ſuch manner as before directed in this Act. And that one Act made at a General Aſſembly begun and held at the City of St. Mary's the 10th. Day of May 1692. Entituled An Act for the Service of Allmighty God &c. One other Act made at a Seſſions of Aſſembly begun and held at the Port of Annapolis the Eighth day of May 1695. Entituled An Additional Act to the Act of Religion, One other Act made at a Seſſions of Aſſembly begun and held at the Port of Annapolis the Ninth Day of July 1696. Entituled An Act for the ſervice of Allmighty God &c. And one other made at a Seſſions of Aſſembly begun and held at the Port of Annapolis the 28th. Day of June 1699. Entituled An Act Impowering the Veſtry to Aſſeſs their Par iſhoners for finiſhing and and repairing their Pariſh Churches, and every part of every of the ſaid Laws, be and are hereby Repealed and made Void.

An Act for ſpeedy Tryal of Criminals, and aſcertainining their puniſhments in the County Courts, when proſecuted there.

WHEREAS many Acts of Affcmbly have been heretofore made againſt Theiving and Stealing, which at this preſent are experienced in effectual, to prevent the Committing thoſe Crimes, nor ſufficiently to puniſh them, when Committed.

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 it ſhall and may be Lawful, for and to the ſeveral juſtices of the County Courts of this Province, to hold Plea of Adjudge, and in Lawful Manner determin, all Theiving and Stealing of any Goods or Chattels of what nature or kind foever, that are fit for the neceſſary uſe Service or Support of Mankind; not being above the vallue of one thouſand pounds of Tobacco, Robbery Burglary and Houſe Breaking excepted, and every Perſon or Perſons Legally Convicted of any ſuch Theiving and Stealing (except before excepted) by the Teſtimony of one or more ſnfficient Evidence, not being the Party greived, before any ſuch County Court as aforeſaid, ſhall or may cauſe to be puniſhed, by paying four fold of the vallue of the Goods ſo theived and ſtolen, to the Party or Parties greived thereby, and by putting in the Pillory and whipping, ſo many Stripes as the Court before whom ſuch Matter is tryed ſhall adjudge, not excecding Fourty; which Court ſhall allways adjudge the vallue of the Goods ſo theived and ſtolen as aforeſaid, and if any ſuch Perſons ſo Convicted, have not ſufficient Goods and Chattels, or be a Servant, whereby he is uncapable to have Goods and Chattels to ſatisfie and pay ſuch four fold as aforeſaid, in every ſuch Caſe, ſuch Perſon or Perſons ſhall receive the Corporal Puniſhment as aforeſaid, and ſatisfie the Four Fold, and Fees of Conviction by Servitude; the Freemen being deſtitute of Goods as aforeſaid, his time to commence from the time of Conviction as aforeſaid, and if a Servant, to Cemmence from the End of ſuch Servitude as he is then at ſuch Conviction bound to, the time of Service to be adjudged by ſuch County Court, either to the Party greived, or any other Perſon the Court ſhall order ſuch Convict to, that will then and there pay, or ſecure to be paid the ſaid four Fold and Coſts aforeſaid, at the Diſcretion of the Court; and if any perſon or perſons ſhall receive, or take part of ſuch ſtolen Goods, or aſſiſt the perſon ſo ſtealing as aforeſaid, to make away or conceal them, being Legally Convicted as aforeſaid, ſhall ſuffer the ſame pains, and incur the ſame penalties, with the Party ſtealing as aforeſaid; any Law or Uſage to the contrary notwithſtanding. And if any perſon or perſons having been once Convicted of any ſuch theiving and ſtealing, (except before excepted) and ſhall after be again preſented for theiving and ſtealing of any Goods or Chattels laid to be above the vallue of twelve pence, it ſhall not be tried and determined by any County Court, but the party's preſented on ſuch preſentment, ſhall be proceeded againſt in the Provincial Court as a Felon, for ſimple Felony; according to the Laws of England, and the Tranſcript of his former Conviction: And ſuch preſentment ſhall by the Clark of every ſuch County Court, be imediately ſent to the then next Provincial Court, under the penalty of one thouſand poun ds of Tobacco, to our Sovereign Lord the King, his Heirs and Succeſſors; and the Party's Witneſſes againſt ſuch Felon, if in Court at the time of ſuch preſentment, to be bound over to give Evidence as aforeſaid, or otherwiſe if not in Court, an account of their Names and places of dwelling to be ſent the Attorney General, to be Summoned againſt the then next Provincial Court in order to ſuch Tryal, and the Party preſented if in Court, to be bound over alſo by due Courſe of Law, to anſwer ſuch preſentment, or if not in Court, proceeded againſt by due courſe of Law as aforeſaid, and to prevent the ranitiplicity of Wood Rangers.

Be it 〈◊〉 by the Authority Advice and Conſent aforeſaid, that no perſon whatſoever ſhall preſume to Range in the Woods or Forreſts, after Wild Neat Ca ••• or Horſes, without a Licence from his Excellency the Governour in Chief for the time being, under the penalty of five thouſand pounds of Tobacco for every ſuch wild Creature, that ſuch unlicenced Ranger ſhall kill, take, or convey away alive or dead: one half to our Sovereign Lord the King, the other half to the informer, or him or them, that will Sue for the ſame; by Action of Debt, Bill, Plaint, or Information, wherein to Eſſoyn, Protection, or Wager of Law ſhall be allowed; and that any perſon or perſons whatſoever, that ſhall kill any unmarked Swine being above three Months old, if not upon his or their own Land, or not in Company with his or their own Stock, ſhall and is hereby adjudged a Hog-ſtealer, and ſhall be lyable to reſtore four fold, and to ſuffer ſuch Corporal pains, as againſt the firſt Offence in this Act menrioned; and to prevent any ſuch perſon or perſons concealing or disfiguring the mark of any Swine killed as aforeſaid.

Be it further Enacted by the Authority Advice and Conſent aforeſaid, that if any perſon or perſons killing any ſuch unmarked Swine, in the Woods, or others, and ſhall willfully disfigure the Mark or Cut of the Ear of ſuch Swine, ſo as to conceal the true and real Mark, or whether it were marked or not, ſhall be deemed and adjudged a Hog-ſtealer, within the purview of this Act and ſhall ſuffer accordingly; and to prevent the abuſſing, hunting, or worrying any Stocks of Hogs, Cattle, or Horſes with Dogs or otherwiſe. Be it Enacted that if any perſon or perſons whatſoever, that have been Convicted of any of the Crimes aforeſaid, or other Crimes, or of evil Fame, and diſſolu e Living, that ſhall ſhoot, kill, and hunt upon any perſons Land, whereon there ſhall be a Seated Plantation without the Owners Leave, having been once before warned, ſhall forfeit and pay one thouſand pounds of Tobacco; one half to our Sovereign Lord the King, the other half to the party greived, or thoſe who will Sue for the ſame, to be Recovered as aforeſaid. And the better to imprint the paint and penalty's of this Law into the Minds of all forts of People, and to prevent the committing any ſuch Comes and Offences aforeſaid.

Be it alſo Enacted that this Act ſhall be publickly Read four times a year in every Pariſh Church of this Province, at the time of a full Congregation either before or after Service, by the Clark or Reader of ſuch Church, under the penalty of one thouſand pounds of Tobacco Forfeit to our Sovereign Lord the King, for the uſe of ſuch Pariſh, to be paid or Recovered of every Clark or Reader ſo neglecting.

And Be it Enacted that every Clark of the Several and Reſpective County Courts of this Province, be, and are hereby obliged, ex Officio, to deliver unto the ſeveral Clarks of their Pariſhes, wirhin their County's, a fair Copy of this Act for publiſhing and reading as aforeſaid.

And Be it further Enacted by and with the Authority Advice and Conſent aforeſaid, that one Act made at an Aſſembly, begun and held at the Town of Annapolis the 28th. Day of June, in the Eleaventh Year of the Reign of our Sovereign Lord-King William the Third Anno Domini 1699. Entituled An Act for ſpeedy Tryal of Criminals, and Aſcertaining their puniſhmets in County Courts when proſecuted there: Alland every Clauſe therein contained, is, and are hereby Repealed and made Void.

An Act for the preſent Security of the Frontier Plantations, againſt the Incurſions, and Violence of Indians &c.

WHEREAS his Excellency the Governour, has at a Late Treaty with the Piſcattaway Indians, Renewed the Articles of Peace formerly made betwixt the Engliſh and the ſaid Indians, who thereupon promiſed to return again and ſettle among us as heretofore, and to obſerve and perform the ſaid Articles in all points according to Agreement, but by reaſon the time appointed for their Return is not yet accompliſhed, and in conſideration of their Infidelity, and the little Regard they have to perform Promiſes, and Agreements with them made. Be it Enacted by the Kings Moſt Excellent Majeſty, by and with the Advice and Conſent of this proſent General Aſſembly, and the Authority of the ſame; That Capt' Richard Hill, Mr. Samuel Toung, Mr. John Wo •• tkington, Mr. William Hutchiſon, Mr. Thomas Greenfield, Mr. Walter Smith, Mr. Eliſh Ha , Mr. Phillip Hoskins, and Mr. Ben amin Hall, or the major part of them, be, and are hereby Couſtituted and appointed a Comittee, to joyn with 〈◊〉 Excellency the Governour, and his Majeſties Honourable Council, in adviſing and concerting ſuch meaſures, as will ſuppreſs any violence, which may be offered to this Province by the Indians, after the breaking up of this preſent Seſſions of Aſſembly, until ſuch time as the ſaid General Aſſembly can po •• bly be again Convened.

And Be it further Enacted by the Authority aforeſaid, by and with the Advice and Conſent aforeſaid, That Collonel John Thompſon, James Frisby Eſq and Mr. John Hall, with what other perſons they ſhall think fit, be diſpatched with all convenient Speed, to the Suſquehannah and other Neighbouring Indians; to Ratyfie and Confirm the League formerly made with them, and to Enter into ſuch furcher Articles as by his Excellency the Governour, and Council, and Comitee before appointed, ſhall propoſe to them: And that a preſent be given to the ſaid Indians, and what ſhall be conſul ed, agreed on, and done by the Governour and Council, with the Advice of the ſaid Committee, is hereby allowed of, and con •• rmed by the General Aſſembly. This Act to endure fill next Seſſions of Aſſembly and no longer.

An Additional Act, to the Act touching Coopers, and the Gauge of Tobacco Hogſheads.

WHEREAS an Act was made in an Aſſembly begun and held at the City of St. Mary's, the 21th. Day of September, In the Sixth Year of the Reign of our Sovereign Lord and Lady King Williams and Queen Mary Anno Domini 1694. Entituled An Act touching Coopers, and the C ge of Tobacco Hogſheads; In which ſaid Act are ſeveral penalties laid on Coopers for their Neglect, and Nonperformance of the ſeveral Clauſes in the ſaid Act to them Relating. And whereas it plainly appears that the Planter or Imployer is the p •• cipal Tranſgreſſor of the ſaid Act, by cauſing the Cooper with whom he agrees to make the ſaid Hogſheads of a larger ſize, than is by the ſaid Act provided and directed.

BE IT THEREFORE FURTHER 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 whatſoever, that ſhall hereafter agree with, or imploy any Cooper, or other Perſon, to make Tobacco Hogſheads, and ſhall make, ſuffer, or cauſe the ſame to be made of a larger ſize, than by the ſaid Act is directed, ſhall for every Cask or Hogſhead ſo made, forfeit and pay the Sum of two hundred pounds of Tobacco, and after the ſame rate for a greater or leſſer quantity; the one half thereof to be paid to our Sovereign Lord the King, and the other half to the Informer, or him or them that will Sue for the ſame; to be Recovered by Action of Debt, Bill, Plaint, or Information in any of his Majeſty's Courts of Record within this Province, wherein no Eſſoyn, Protection, or Wager of Law to be allowed.

And Be it furthor Enacted by the Authority aforeſaid, That this Law be given in Charge by the Juſtices of every Reſpective County in this Province, to the Grand Jury, by them to be enquired of.

This Act to be, and Remain in full Force, till the Act herein mentioned be Repealed, or otherwiſe made Void.

A Petitionary Act for Confirming Land given to Chriſt Church, in Calvert County, by the laſt Will and Teſtament of Captain Richard Ladd, of that County deceaſed.

An Act for quieting differences that may ariſe between his Majeſties Subjects within this Province, and the Several Nations of Indians, of what places ſoever.

WHEREAS many differences have, and may hereafter ariſe and grow, between the Engliſh and Indians, which for want of a ſpeedy way of determining the ſame, many great charges and Ilconveniencies have, and may happen thereupon by the ſaid Controverſies, being brought from the Remoteſt Parts of this Province, to be heard and determined before the Governour and Council, to the very great trouble of the Perſons concerned, and the publick charge. Which to prevent, and to give a ſpeedy Redreſs in all ſuch matters.

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 Perſons in this Act hereafter mentioned and appointed, be, and are hereby Authoriſed and Empowered, to hear, and determin all manner of Controverſies, and Differences whatſoever, that ſhall, or may hereafter happen, or grow between the Engliſh and Indians, in private, or perſonal Controverſies; not exceeding the vallue of twenty Shillings Sterling. That is to ſay; the Choptico Indians, and the Engliſh in St. Mary's County, and the parts adjacent, Ralph Foſter and James Swan. And for the Acokik, Piſcattaway, and Paymonkey Indians, and the Engliſh in Charles and Prince Georges County, and the parts adjacent, Collonel John Addiſon, Mr. William Hatton, and Major James Smallwood. And for the Suſquehanochs, Shavanals, and Delaware Indians and others, in thoſe Frontiers, Collonel John Thompſon, and Mr. Edward Blav. And for the Nanticoke, Ababcoes, and Hachwop Indians, and the Engliſh in Dorcheſter County, and parts adjacent, Lievetenant Collonel Thomas Ennals, and Mr. Thomas Hicks. And for the Monokins, Rokohankins, and Monte Indians, and the Engliſh in Somerſet County, and parts adjacent, Collonel William Whittington, and Mr. Levin Denwood Senior.

And Be it Euacted by the Authority aforeſaid, That all and every the Perſons in this Act beforementioned, be, and are hereby Authoriſed and Empowered, upon hearing and determining any ſuch Difference or Controverſie as aforeſaid, and judgment thereupon given, either Party refuſing to perform the ſame, then, and in every ſuch caſe, the Perſon or Perſons ſo Empowered, ſhall by way of Diſtreſs, take into his Cuſtody the Goods and Chattels of the Offender, and out of the ſame, make full ſatisfaction to the Party wronged, at the diſcretion of the Perſons ſo Authoriſed and by this Act Empowered; and the overpluſh to return to the Owners thereof.

And Be it further Enacted by the Authority aforeſaid, That in any Matter of Difference of a higher Nature or greater Vallue; then the Perſon or Perſons hereby Authoriſed ſhall have power to hear onely, and after Examination, the whole matter to tranſmit to the Governour and Council for the time being, whoſe final determination ſhall be effectual according to Law.

And Be it further Enacted by the Authority aforeſaid, That if any ſuch Difference ſhall happen between the Engliſh and the Indians in this Province, where particular Perſons are not herein nominated and appointed, to hear and determin the ſame as aforeſaid; that then, and in every ſuch caſe, the next Juſtice of the Peace is hereby Empowered to hear and determin the ſaid Difference, according to the Rules and Methods herein preſcribed.

And Be it further Enacted by the Authority aforeſaid, That in caſe of Death or Abſence of any the Perſons in this Act nominated and appointed, that then it ſhall, and may be Lawful, for the Governour for the time being, to nominate, conſtitute, and appoint one, or more in his, or their Stead and Place; who ſhall hereby have full Power and Authority to do, and act in all things, as by this Act is directed. This Act to endure for three years, or to the End of the next Seſſions of Aſſembly, which ſhall firſt happen.

An Act for Reviving ſome Temporary Laws 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 one Act of Aſſembly of this Province, made at a General Aſſembly, begun and held at the Port of Annapolis the 28th. Day of June in the Year of our Lord 1699. Entituled An Act for Limitation of Officers Fees, One other Act made at the ſame Aſſembly, Entituled An Act for Summoning Grand and Petty Jury's, which ſaid two Acts of Aſſembly, and all and every Article, Clauſe, and Thing in the ſaid two Acts contain'd, ſhall be, and are hereby Revived and Continued, to ſtand and be in Force and Effect, for, and during three Years, or to the End of the next Seſſions of Aſſembly, which ſhall happen, after the End of the ſaid three Years.

An Act for Repealing Certain Laws in this Province, and Confirming others.

WHEREAS Divers Laws have been heretofore made in this Province, which Time and Experience have rendered, uſeleſs and not agreeable to the preſent Conſtitution to the state of Affairs as they are now ſettled.

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 all Laws made before the beginning of a Seſſions of Aſſembly begun and held at the Town of Annapolis the 28th. Day of June Anno Domint 1699. be, and are hereby utterly Repealed and made Void. Except ſuch as by their particular Titles are expreſſ and ſet down in a Schedule, or Catologue hereunto annext, and Acts for private purpoſes, which ſaid Laws ſo excepted, are hereby Ratyfied and Confirmed; (ſaving to any Perſon the benefit, and advantage of any Suit or Action which is already commenced, or ſued upon any the ſaid Repealed Acts) that is to ſay.

An Act of Recognition. An Act providing what ſhall be good Evidence to prove Foreign Debts. An Act for the ncouragement of the importation of Negroes. An Act for ſecuring the Rights of ſeveral Perſons. An Act for Limitation of certain Actions for avoiding Suits at Law An Act for the Naturalization of John Old, on, and Mathias Vanderhayden. An Act for publication of all Laws within this Province. An Act for taking away all Errors in proceedings at Law and Equity. An Act againſt ngro •• ers and Regrators. An Act concerning Indians. An Act Limiting the Extent of Attachments, and providing what ſhall be Leavied on Attachments and Executions. An Act Impoſing a penalty on all ſuch who ſhall diſpoſe of Tobacco Seized, and Received by the Sherriffs and others. An Act for appointing Coroners. An Act for appointing certain Officers. An Act for puniſhment of Perſons, Suborning Witneſſes, or committing willful and corrupt Perjury. An Act for ſettling an Annual Revennue upon the Governour &c. An Act for preſervatian of ſeveral Harbours within this Province. An Act for Settling a Standard with Engliſh Weights and Meaſures, in the ſeveral Counties within this Province. An Act againſt Exceſſive Uſury. An Act directing the manner of Electing and Summoning Delegates, and Repreſentatives to ſerve in ſucceeding Aſſemblies. An Act for quieting Poſſeſſions. An Act for Repeal of all Laws heretofore made in this Province, and Confirming all Laws made this General Aſſembly. An Act for appointing Court Days in each reſpective County of this Province. An Act prohibiting Commſſioners, Sherriffs, Clarks, and Deputy Clarks to plead as Attorneys in their Reſpective County Courts. An Act againſt the Importation of Convicted Felons into this Prouince. An Act for publication of Marriages. An Act for the Encouragement of Learning, and Advancement of the Natives of this Province. An Act prohibiting all Maſters of Ships or Veſſels, or any other Perſons, from tranſporting or conveying away, and Perſon or Perſons out of this Province without Paſſes. An Act for Confirming and making valid the Laſt Will and Teſtament of Auguſtine Herman. An Act for the Naturalization of Peter Ferdinando and his Children and others. An Act touching Coopers, and the Gauge of Tobacco Hogſheads. An Act for Confirmation of all Proceedings, Judicial, Military, and Civil, from the Death of his Excellency Lyonel Copley Eſq Governour of Maryland, unto the Arrival of his preſent Excellency Francis Nicholſon Eſq preſent Governour An Act aſcertaining the Expences of the Delegates of Aſſembly, and the Commiſſioners of the Provincial, and County Courts. An Act for Erecting Ann-Arundel and Oxford Towns. An Act Impowering Richard Biſhep of Talbot County Son and Heir of William Biſhop late of Tallbot County deceaſed, to Sell and diſpoſe of ſo much Land as will amount to fifty thouſand pounds of Tobacco, for the payment of the Charges expe nded in Recovering the ſaid Eſtate. An Act for Tonnage and Naval Officers Fees. An Additional Act to the Act for quieting Poſſeſſions. An Act for the Recontinuing the late diſcontinued Proceſs and Proceedings of St. Mary's County Court An Act for Naturalization of Daniel Daniſon Junior of Calvert County. An Act for ſettling Ann-Arundel County Court at the Port of Annapolis, within the ſame County. An Act for ſecuring Adminiſtrators and Executors from double paying of Debts, and limiting of the time for payment of Obligations within this Province. An Additional Act to the Act for Ports. An Act for the Naturalization of Mathias Mathiaſon alias Freeman, and others. An Act for aſcertaining the Fees for Naturalization. An Act for the Diviſion and Regulating of ſeveral County's within this Province, and Conſtituting a County, by the Name of Prince Georges County, wirhin the ſame Province. An Explanatory Act to the Act of Repeal of all Laws heretofore made in this Province, and Confirming all Laws made this General Aſſembly. An Act ſecuring Perſons Rights to Town Lands. An Act for laying an Impoſition on ſeveral Commodities exported out of this Province. An Act for the Natutalization of Michael C rlis and others. 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. An Act for the Naturalization of John Edgar of Somerſet County. An Act for Sanctifying and keeping Holy the Lords Day. To the Kings Moſt Excellent Majeſty. An Act for keeping good Rules and Orders in the Port of Annapolis. An Act for Confirming Titles of Land, given to the uſe of Churches and Chapels. An Act for the better enabling Catherine Hermar to ſell Land in the Port of Annapolis. An Act Impowering the Commiſſioners of each Reſpective County, to purchaſe Lands for the uſe of their Reſpective Courts. An Act directing and appointing to what uſe the ſeveral Rooms in the State Houſe in the Town of Annapolis ſhall be apply'd to. An Act for Naturalization of Stephen Krancis and George Slaycomhe. An Act aſcertaining the Bounds and Limits of Ann-Arundel and Baltemore County's An Act for Naturalization of Peter Dowdee. An Act for recontinuing of the late diſcontinued Proceſs and Proceedings of Caecil County Court. An Act for better diviſion of St. Pauls and Shrewsbury Pariſhes. An Act Enabling Elizabeth Norman Executrix of George Norman to make over two Tracts of Land to John Gadsby 2nd his Heirs for ever. An Act Impowering the Commiſſioners of Caecil County to hold a Court this preſent year in April. An Act aſcertaining the Bounds of a certain Tract of Land to the uſe of the Nanticock Indians ſo long as they occupy and live upon the ſame. An Act Impowering Truſtees to purchaſe Lands adjoyning to the Fountains of healing waters, called the coll Springs. An Act to Intitle William Courſey and Elizabeth his Wife, or the Survivor of them, to ſell ſuch Lands as were left by Colonel Vincent Low, to be ſold for the payment of his Debts. An Act veſting two Tracts of Land in John Gadsby, ſold him by George Norman.

An Act for the Naturalization of Michael Bellicane Senior, Michael Bellicane Junior, Chriſtopher Bellicane, and James Bellicane his Sons, and Chriſtopher Mounts, all of Caecil County, and born of Dutch Parents.

An Act for Eſtabliſhing and making Vallid the Laſt Will and Teſtament of James Tyer of Charles County Gent.

An Act Impowering a Comittee to Lay, Aſſeſs, and apportion the publick Leavy, for thi preſent Year 1700.

WHEREAS this preſent general Aſſembly have for the defraying the publick charges of this Province, to this 9th. day of May 1000. raiſed a certain Sum of Tobacco and Money, amounting to the Sum of two hundred twenty two thouſand, two hundred fifty and eight pounds of Tobacco, and five hundred ſixty and nine pounds five ſhillings and eight pence Sterling; but by reaſon more publick charges may ariſe, and grow due, before the uſual and accuſtomed time of payment, which is the tenth day of October yearly, at which time again to call and convene the whole Aſſembly for that occaſion onely, conſidering the great numberof them, and the Remoteneſs of their habitations from the place appointed, would be very chargable and burthenſom to the whole Province in general. For the prevention whereof, 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 one Burgeſs or Delegate out of each County, and one out of the City of St. Mary's, be, and are hereby authorized and appointed a Comittee to joyn with ſome of his Majeſty's honourable Council, to lay and equally aſſeſs the ſaid publick Leavy of this Province, viz. of his Majeſty's honourable Council, Thomas Brook Eſq and Colonel John Hammond, and of the Houſe of Delegates Colonel Thomas Smithſon Speaker, for Talbot County Capt' Thomas Waughop, for the City of St. Mary's Major John Low, for the County of St. Mary's, Major Thomas Smith for Kent County, Capt' Richard Hill and Mr. James Saunders for Ann-Arundel County, Major Walter Smith for Calvert County, Capt' Philip Hoskins for Charles County, Mr. John Hall for Baltemore County, Colonel John Thompſon for Caecil County, Mr. Thomas Greenfield for Prince Georges County, Major Thomas Ennals for Dorcheſter County, and Mr. John Bozeman for Somerſet County, or the major part of them, ſhall be, and appear at the Town of Annapolis on the 10th. day of October next, then and there to lay and aſſeſs the ſaid publick Leavy already raiſed, and alſo to allow, leavy, and aſſeſs what further charges may accrew, which to them ſhall juſtly appear to be due from the publick, not exceeding ſixty thouſand pounds of Tobacco, more than what is already raiſed; and likewiſe to apportion, order, and pay out of the publick Treaſury of this Province, the Sum of five hundred ſixty nine pounds five ſhillings and eight pence Sterling, to the ſeveral Perſons to whom the ſame ſhall be due, as by the Journal of the Comittee of Accounts appears, and a fair Journal of all the Proceedings to deliver to the Clark of the Aſſembly, for the ſatisfaction of all Perſons therewith concern'd. And if it ſhall happen, that his Excellency ſhall pleaſe to Convene an Aſſembly before the 10th. day of October aforeſaid, then this preſent Act, and all and every Clauſe therein contained ſhall be void and of no Force.

FINIS.