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Non est inven. XI. Provided always, That no sheriff, or other offitus, when to cer shall make return upon any writ or precept, that be returned.

the person against whom the same issued, is not to be found, until he shall actually have been at the dwellinghouse, or place of residence of such person, and not finding him, shall have there left an attested copy of

the same writ or precept. Writ against a XII. Provided also, That if any writ or precept sball non-resident of be delivered to any sheriff, or other officer, to attach the county to abate by re.

e the body of any person being a known inbabitant of

another county, and not of the county where the said sheriff, or officer resides; in such case, the sheriff, or officer shall make return, according to the truth of the case; and not that the person is not to be found in his county, and thereupon the process shall abate and be dismissed.

XIII. And be it further enacted, That all and every Repealing clause.

other act and acts, and every clause and article thereof heretofore made, for so much thereof as relates to prescribing the method of appointing sheriffs, or limiting the time of their continuance in office, or directing them in the execution thereof, in or concerning any matters or things within the purview of this act, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made.

CHAP. IV.

Edi. 1733, and An act declaring who shall not bear office in 1752.

this country. Persons con

BE it enacted by the governor, council and burgesses, victed of trea of this present general assembly, and it is hereby enacted son, murder, by the authority of the same, That no person wbatsofelony, blas

periu. ever, already convicted, or which hereafter shall be rv, forgery, or convicted in her majestys kingdom of England in this other crime or in any other her majestys dominion, colonies, islands, punishable, territorys or plantations, or in any other kingdom, with loss of life and mem. dominion or place, belonging to any foreign prince or ber, declared state whatsoever, of treason, murther, fellony, blasincapable of phemy, perjury, forgery or any other crime whatsoholding any

ever, punishable by the laws of England, this country, office.

or other place wherein he was convicted with the loss

office.

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of life or member, nor any negro, mulatto or Indian, shall, from and after the publication of this act, bear any office, ecclesiasticall, civill or military, or be in any place of public trust or power, within this her ma

no Penalty, on jestys colony and dominion of Virginia, and that if any.

my such, or on person convicted as aforesaid, or negro, mulatto or In- any negro, mu. dian shall presume to take upon him, act in, or exer- laito, or In. cise any office, ecclesiasticall, civill (or military, or any dian, for exer. place of publick trust or power, within this colony and Cising dominion, notwithstanding he be thereunto in any manner whatsoever comissionated, appointed, chosen or impowered, and have a pardon for his crime, he shall for such his offence, forfeit and pay five hundred pounds current money, and twenty pounds of like money for every month he continues to act in or exercise such office or place after a recovery made of the said five hun.

How recoverdred pounds, one moiety thereof to our sovereign lady a the queen, her heirs and successors for and towards the priated. better support of this government and the contingent charges thereof, and the other moiety to him or them that will inform or sue for the same, in any court of record within this her majestys colony and dominion, by action of debt, bill, plaint or information, wherein no essoin, protection, or wager of law, shall be allowed.

Provided nevertheless, and it is hereby meant and in- Not to extend tended, That nothing in this act contained, shall extend to persons, to disable any person who before the making of this

convicted, and act hath been convicted as aforesaid in this her ma- pardoned. jestys colony and dominion, and hath obtained the king's or queen's pardon, from taking and bearing any office, ecclesiasticall, civill or military, or from accepting and exercising any place of public trust or power, whereunto he hath been heretofore, or shall be hereafter comissionated, appointed, chosen or impowered, but that it shall be lawfull for every such person to take and bear any such office, and accept and exercise any such place without being lyable to any fine or penalty for the same, as if this act had never been made.

And be it further enacted, by the authority aforesaid, No person to and it is hereby enacted, That no person whatsoever, bear office, unshall, from and after the publication of this act, bear wil after a resiany office, civill or military, or be in any place of pub- vears in this

dence of three Jick trust or power, within this her majestys colony and country.

to n

dominion of Virginia, untill he hath been a personal resident in the same the full term of three years, and

that if any person whatsoever do presume contrary to Penalty

this act to take upon him, act in, or exercise any office, civill or military, or any place of trust or power within this colony and dominion, notwithstanding he be thereunto in any manner whatsoever comisionated, appointed or chosen before he hath personally resided therein three years as aforesaid, he shall for such his offence, forfeit and pay five hundred pounds current

money, and twenty pounds of like money for every Ilow recover. ed and appro.

. month he continues to act in, or exercise such office or priated. place after a recovery made of the said five hundred

pounds, untill he hath been three years in this country according to the tenor of this act, to be recovered and divided as aforesaid.

Provided always, and it is the true intent and meanNot to extend

ing of this act, That all natives of this her majestys those having colony and dominion, and such persons as have comiscommissions sions from her majesty, her heirs or successors, be exfrom the

cepted, and that it be lawfull for every such native and trowu.

person to bear any office, civill or military, or to be in any place of trust or power before hath resided three years according to the directions of this act, without being lyable to any fine or penalty for it, any thing in this act before contained, to the contrary notwithstanding.

And for clearing all manner of doubts which hereafter may happen to arise upon the construction of this act, or any other act, who shall be accounted a mu-

latto, Who shall be Be it enacted and declared, and it is hereby enacted and deemed mu- declared, That the child of an Indian and the child, lattoes. grand child, or great grand child, of a negro shall be

deemed, accounted, held and taken to be a mulatto. Repealing And be it further enacted, That all and every other clause.

act and acts, and every clause and article heretofore made for so much thereof as relates to declaring who shall not bear office in this country, is, and are hereby repealed and made void, to all intents and purposes as if the same had never been made.

CHAP. V.
In act against importing Tobacco from Caro-

lina, and other parts without the Capes of
Virginia.

I. FOR prevention of such inconveniencies and dis- Preamble: advantages as reasonably may be expected in a short time to fall upon the inhabitants of this colony and dominion, in the sale or shipping of their tobacco, in case like provision be not now made, as bath been heretofore, against importing or bringing tobacco hither from parts without the Capes,

II. Be it enacted, by the Governor, Council and Burgesses of this present General Assembly, and it is hereby Tobacco imá enacted, by the authority of the same, That such impor- ported from tation from henceforth be, and by virtue of this act re- Carol

other parts main, prohibited and forbidden; and that if any tobac- without the co hereafter, in any-wise whatsoever, shall be import- Capes, for: ed or brought from Carolina, or other parts without feited. the Capes, into this colony and dominion, in order to be here laid on shore, sold, or shipped, the same shall be tliereby forfeited and lost; one moiety to our sovereign lady the Queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to Penalties, howe bim, her, or them, that shall inform or sue for the same appropriated. in any court of record within this her majesty's colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed.

III. Provided always, That nothing aforesaid shall Not to extend be construed to binder the inhabitants of this colony to inhabitants, and dominion, merchants, or others, to bring their to- bringing tobacco round the Capes, for the purposes aforesaid, if it growth of the

bacco of the be of the growth of this colony, but tbat such importa- colony. tion shall be lawful, and shall be so accounted, deemed, and taken; any thing in this act before contained to the contrary, notwithstanding

IV. Provided nevertheless, and it is enacted, by the authority aforesaid, That no such tobacco shall be la- bacco, not to den or put on board any boat, sloop, or other vessel, in be brought order to be brought round the Capes as aforesaid, be- without a cer.

tificate of the fore the owner thereof (by his own oath at least) make . it appear to the collector of the two shillings per hogs

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head for the district where such tobacco is to be taken in, that the said tobacco is all of the growth of this colony, and obtain his certificate or permit concerning the same: And that if any tobacco, though of the growth of this colony, be brought round the Capes without such certificate or permit, the said tobacco shall be thereby forfeited and lost, and shall also be divided, as other tobacco imported or brought into this colony, from parts without the Capes; any thing in the aforesaid proviso of this act to the contrary, notwithstanding.

V. And be it further enacted, by the authority aforesaid, That all and every other act and acts, and every clause and article thereof heretofore made, for so much thereof as relates to importing Tobacco from Carolina, and other parts without the Capes of Virginia, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made.

Repealing clause.

CHAP. VI.
An act for ascertaining the gauge of barrels

for pork, beef, tar, and pitch.

I. FOR prevention of frauds and abuses frequently Preamble.

practised by greedy and avaricious traders in pork, beef, tar and pitch, who, for their own private lucre and gain, not only make and set up, or cause to be made and set up, small barrels, but also slightly pack, and deceitfully fill the same, to the great prejudice of the trade of this her majestys colony and dominion, in

the said commodities and merchandizes,

orola II. Be it enacted, by the Governor, Council and Burfor pork, beef, gesses, of this present General Assembly, and it is hereby tar or pitch. enacted, by the authority of the same, That from and af

ter the nine and twentieth day of September next, all and every barrel or barrels, which shall be made and set up, to put pork, beef, tar, or pitch into ; and also

all and every barrel or barrels, wherein pork or beef Quantity of shall be packed, or wherein tar or pitch shall be filled, pork or beef, either for exportation out of, or for sale within, this in a barrel.

her majesty's colony and dominion, shall be of a size, gauge and dimension, large enough to hold and contain, at least, the quantity of thirty-one gallons and an half of Winchester measure; and that the contents of

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