the form of

and liable for

Prison rules

or bounds to

printed laws, intituled, prisons to be built in each county, And the forty-third act of the said printed laws, intituled, dwellers within the rules of any prison, not to have the benefit thereof, bee and shall be repealed, and the same and every clause and article therein, and in each of them contained, is and are hereby repealed and made null and voyd to all intents and purposes whatsoever And be it further enacted, That a good Prisons to be strong and substantiall prison, after the forme of Virgi built in each nia houseing be built, and continued in each county county, after sometime before the first of January next, by the jus- Virginia houstices of the peace in their sessions, and at the charge of es. each county, under penalty of being fined five thousand pounds of tobacco, and of being answerable for any es- Justices failcape which shall be made for want of such sufficient ing to be fin'd prison. And bee it further enacted, that the justices of escapes. the peace in each county be, and are hereby empowered, sometime before the said first of January to appoint, set and lay out a certaine space distance or par- be laid out cell of land adjoyning or circumjacent to each prison, not exceeding eighty poles square to be a place of li- Privilege of berty and priviledge for each prisoner (a) (not com- prisoners, not mitted for treason or fellony) giving bond with good security to the sherriff of the county for his true impri- lony. sonment, to walke and abide in for their health and re- Bond to be gifreshment, within which compasse, soe long as such ven. prisoner (not committed for treason or fellony) shall remaine and continue; he shall not be adjudged to have made an escape, Any law, usage or custome to the contrary thereof notwithstanding. And for the better notifieing and makeing known the bounds of the rules, or places of liberty or priviledges to each prison belonging, Bee it further enacted, That the justices of marked out & each county doe sometime before the first of January recorded. next aforesaid, goe round the bounds of such rules and places of liberty and priviledges, and by some means mark out, notifie and describe the said bounds and the same bounds soe notified and described, to enter into

Various Readings.

nishes additional evidence that the revisal of 1661-2 was printed long before Purvis, and is the collection so often referred to, by the printed laws,' See note to vol 2. pa. 164, 165.

(4) ¶ Prison' in Ch. Cit. and P. Rand, MSS.

committed for treason or fe

Bounds to be

sons

built, counties

Where pri. and amongst the records of the county court. Provided already alwayes neverthelesse, that all counties where such priexcused from sons are already built and standing shall be excused from build'g others. building others. Any thing herein contained to the contrary notwithstanding.

ACT VI.

Edi. 1735 and An act to repeale the act giving encouragement for Linnen and Woolen manufactu

1752

Act giv❜g pre

ries.

miums for linFOR as much as by an act, entituled, an act for enen and woolen Couragement of the manufacture of linnen and woolcloths repeal- en cloth, there are certaine encouragements allowed. (See vol. ed and payable to such person and persons, as shall by 2, p. 503.)

due proof made according to the prescriptions and method in the said law appointed of his, her or their haveing performed the conditions therein lymitted, and soe by the said law, justly intituled to the reward therein mentioned, which said encouragements, in such manner payable, are found to be rather a charge and inconvenience, then any benefitt to the publique; the charge thereby accumulated likely to be great, and the effect a transposition of tobacco. through officers hands, and much thereof thereby exhausted; and the persons themselves to whome the encouragenients are thereby due, desiring to relinquish all their claimes; and the same being soe represented to this assembly, finding sufficient encouragement by the benefitt received of their labours to promote and propagate soe beneficiall manufactures; Bee it enacted by the governour, councell and burgesses of this present generall assembly and it is enacted by the authority aforesaid, 'That the act aforesaid, with all incouragements therein allowed with all fines and penalties therein mentioned, and every clause, article and thing therein contained, giving any allowance for such lynnen and woollen manufactures and other encouragements whatsoever therein allowed, and every penalty thereby imposed, are, and shall be hereby utterly repealed and made null and voyd to all intents and purposes, The said act, or any other act or acts to the contrary thereof in any case notwithstanding.

ACT VII.

An Act for the better defence of the Coun- Edi. 1773 and

try.

1752.

for defence of

FOR the better safeguard and defence of the coun Certain enutry then by any former act or law hath been hi- merated acts therto provided, Bee it enacted by the governour, coun- the country cell and burgesses of this present generall assembly, and repealed; by the authority thereof, and it is hereby enacted, That one act of assembly made at James Citty the 25th of Aprill, 1679, intituled, an act for defence of the country against the incurtions of the Indians, and one other act made at James Citty aforesaid, the 8th day of June, 1680, intituled, an act for the continuation of the severall fortifications and garrisons at the heads of the four great rivers, and one other act made at James Citty aforesaid, the 10th day of November, 1682, intituled, an act disbanding the present souldiers in garrison in the forts of the severall rivers, as alsoe, for the raiseing of other forces in their stead, and every of them, and every clause, article and provisoe in them, each and either of them, bee, and are hereby repealed and made null and voyd to all intents and purposes whatsoever, as if the said acts had never been made. And for the forming of a standing force for and a regular the more sure and safe guarding the frontiers, and pre- army provid'd venting the murthers, depredations, incurtions and spoiles by the Indians, Bee it enacted by the authority aforesaid, and it is hereby enacted, That four troops of 4 troops of horsemen (each troop to contain thirty able men, be volunteer ca raised for the purposes aforesaid, every way well hors-valry to be ed and armed: viz. Every man to have a good able How equipp horse for service, a case of pistolls, a carbine, sword ed. and all other urniture fusuall and necessary for horsesouldiers or troopers, one of the four troops to be raised on the upper parts of James river, one troop thereof on the upper parts of York river, one troop thereof on the upper parts of Rappahannock river, and the other troop on the upper parts of Potomack river out of such as shall voluntarily offer themselves in each ri- If a sufficient ver for that service; but in case the full number of number of vo. lunteers, do thirty men compleatly mounted, armed and provided not offer, the as aforesaid, cannot be raised by such as shall volunta- deficiency to rily offer themselves for that service, that then his ex- be drafted.

C

raised.

Where to be raised.

Officers to no

cellency the governour, aud in his absence, the commander in chief for the time being, is desired (upon applycation to him made by the captain or chiefe commander of each troop) to issue forth his warrant for the raiseing soe many men (armed and appointed as aforesaid) as shall be wanting to compleat the number of thirty men by this act appointed.

And bee it enacted, That the chief officers of the miminate those litia for the upper counties, on the aforesaid rivers, under degree out of the thirty men raised or to be raised as aforesaid,

of captain.

Pay of offi. cers and pri

vates.

ry month.

Penalty for neglect.

may present to his excellency the fittest and most able person to command under the captain as lieutenant of each troop, who, in the absence of the captain (occasi oned by sicknesse or otherwise) is to command, lead, train and exercise the troope.

And be it enacted, That the pay of each captain finding himselfe provision, ammunition, horse, armes and all other necessaries for one whole yeare, shall be ten thousand pounds of tobacco and cask, and so after that rate for a longer or shorter time, and the pay for the leiutenant for one whole yeare, finding himselfe horse, armes, ammunition, provision and all other necessaries, shall be five thousand pounds of tobacco and caske, and soe after that rate for a longer or shorter time, and the pay for every private souldier mounted, armed and provided as aforesaid, shall be three thousand pounds of tobacco and cask for one whole yeare, nd soe after that rate for a longer or shorter time, all which summes shall be paid by the country.

And bee it further enacted, That each captain of the Troops to be muster'd eve- troops (to be appointed or commissionated by the governour) or in his absence the leiutenant shall once every month, at the least, muster, traine, exercise, instruct and discipline the troope under his command, on paine or forfeiture of being abated out of his pay for every time he shall omit the same, the summe of one thousand pounds of tobacco, unlesse occationed by sickAnd further, that every captain, or in his abTo ran ge and nesse. Scout every sence, the leiutenant, shall once every weeke (and oftner if occasion shall require) range and scout about the heads of the rivers, for which they serve (that is At what pla- to say) the forces appointed for the head of Potomack doe scout and range from the head of Potomack aforesaid, above the frontier plantations, to the head of Rap

week.

ces.

Penalty for

pahannock river; and the forces appointed for the head of Rappahannock to range from the head of Rappahannock (a) above the frontiere plantations to the north side of Mattapany river; the forces appointed for the heads of York river, to range from the south side of Mattapany river (b) above the frontiere plantations, to Chiccahominie swamp; and the forces for the heads of James river doe range from Chiccahominie swamp, above the frontiere plantations, to the heads of Apomatack river, and in such other places as shall be most likely for the discovery of the enemy, and further observe such rules, commands and directions as from time to time, he or they shall receive from the governour, or in his absence from the chiefe commander, or other theire superior officers, under paine of looseing or being abated out of his pay for every time neglect. he shall omitt such scouting and ranging, one thousand pounds of tobacco for their disobedience, contempt or neglect, and that every souldier that shall neglect to appeare at any muster well mounted and prepared as aforesaid, shall forfeite for each time he shall soe neglect the same, the summe of (c) one hundred pounds of tobacco to be abated out of his pay, and for every time he shall fayle to arrange or scout, two hundred pounds of tobacco to be abated out of his pay, the one halfe of all and every which forfeitures shall be paid by the country to him or them that will informe and make due proofe thereof, before the collonel or chiefe officer of the militia next adjoyning, such informer produceing a certificate from the collonell or chiefe officer of haveing made such proofe, which certificate the said collonell or chiefe officer is hereby required and authorized to give. And be it further enacted, that upon on approach discovery, notice or advice of the approach or attempt of the enemy of an enemy, the said captain or leiutenant of the troope is hereby required to give speedy advice thereof to the governour, or in his absence to the commander in

Various Readings.

(a) The words to range from the head of Rappannock' omitted in Northb. MS. but inserted in Ch. City MS.

(b) The word 'river' omitted in Ch. City MS. but inserted in Northumberland MS.

(c) The words 'the sume of,' omitted in Ch. City MS. but inserted in Northumberland MS.

Duty of offi'rs