is not only prejudicial to the breed of horses, but also injurious to the stocks of cattle and sheep of this colony: For remedy thereof, II. Be it enacted by the Lieutenant-Governor, CounWho disqualcil, and Burgesses, of this present General Assembly, and ified from it is hereby enacted by the authority of the same, That keeping from and after the thirtieth day of Jnne next after this more than session of assembly, no person whatsoever, being an in- one gelding, or spayed habitant of this colony, and not having a freehold of fifty mare. acres of land, or possessed of, & occupying a quantity of land, or tenement of the value of twenty pounds, or not being a tenant of, and occupying lands or tenements, for which he shall pay five hundred pounds of tobacco, or fifty shillings in money, or the value of so much money or tobacco, yearly, shall keep, as owner or proprietor thereof, any stoned horse, or unspaid mare, or any more than one gelding, or one spaid mare. And if any inhabitant of this colony, not having such freehold, or not being possessed of such land, tenement, or tenancy, shall, after the said thirtieth day of June, presume to keep, as owner thereof, any stoned horse or mare, or any more than one gelding or one spaid mare, it shall be lawful for any person to take up such stoned horse or mare, and every gelding or spaid mare, above one, kept by such person: And the person taking up such Proceedings horse, mare, or gelding, shall, within three days next against perafter such taking up, and three days at the least be- sons disqual fore the day on which the court is to be held for the ified. county, where the owner of such horse, mare, or gelding, so taken up, shall reside, give notice in writing to the owner of such horse, mare or gelding, of such taking up: And if the owner of such horse, mare or gelding, so taken up, shall not appear at the next court of such county, and make due proof that he is an inhabitant of some place out of this colony, or that he hath such a freehold, or is possessed of such land, tenement, or tenancy; that then, and in such case, all and every such horse, mare, and gelding, shall from thenceforth be the proper goods of the person taking the same up, as aforesaid: But if such notice cannot be given three days before the court-day next after the taking up of such horse, mare or gelding, that then the person, to whom such notice shall be given, shall not be obliged to appear at the court, until the court-day succeeding the court-day next after notice was given. Stoned horses, of cer III. And for the better improving the breed of the horses of this colony, Be it further enacted by the authotain age and size, going rity aforesaid, That from and after the said thirtieth day at large, for- of June, no person whatsoever, shall have or keep upon feited. any woodland grounds, marshes, or other waste grounds, not having a sufficient fence about the same, any stoned horse, being of the age of two years, and not of the height of thirteen handful and a half, to be measured from the lowest part of the hoof of the fore-foot, to the highest part of the wither, each handful to contain four inches of the standard, upon penalty of forfeiting of such stoned horse, or four hundred pounds of tobac co, and cask, for every such horse, which shall be so found in or upon any such grounds, not inclosed, as aforesaid. And that it shall and may be lawful, for any Proceedings, person or persons that shall find any such stoned horse running at large, contrary to the intent and meaning of this act, to seize, and carry the same before some justice of the peace for that county, and before him make proof, by his or her own oath, and the oath of one other person at the least, that he, she, or they did find and take up such stoned horse, running in such uninclosed grounds: And after such proof made, the said justice of the peace is hereby authorized and required forthwith, to cause the said horse to be measured; and if it shall appear that the said horse is not of the size herein before prescribed, the said justice shall certify the same, under his hand; and thereafter it shall and may be lawful to the person or persons who took up the same, to have and keep the said stoned horse to his or her own use, as his or her own proper goods and Notice. Right of redemption. chattels. IV. Provided nevertheless, and it is the true intent and meaning of this act, That every person or persons that shall take up any such stoned horse, and receive certificate thereof; in manner aforesaid, shall be and is hereby obliged to give public notice thereof, by setting up notes at the door of the court-house of that county, and the church of that parish wherein such taking up shall be, describing the marks, colour, and brand of such horse so taken up: And if, within two months from and after such publication, the owner of such horse shall come to the person or persons who took up the same, and shall tender four hundred pounds of tobacco, and cask, to be immediately paid, or se cured to be paid at the next succeeding crop, such owner shall recover and redeem such horse from the forfeiture herein before mentioned. Overseers out a licence. V. Provided also, and be it further enacted, That no overseer not having land of his own, in the county and servants, wherein he resides, nor any servant whatsoever, shall not to keep be owner of any unspaid mare, nor shall keep any horses with. horse, mare, or colt, without the licence, in writing, of his master or mistress; neither shall any such overseer or servant keep any more than one, although the master or mistress shall grant such licence, as aforesaid, upon pain of forfeiting every such horse or mare, to any one that will inform for the same, recoverable before any justice of the peace in the county wherein the offence shall be committed. CHAP. IX. An act to impower John Halloway, and John Clayton, gentlemen, to receive of the Trustees for the City of Williamsburg, and of all other persons whatsoever, all monies by them received for Lots of Land, and otherwise, for the benefit of the said City, and the sum of two hundred and one pounds nine shillings and nine pence of Robert Carter, Esq. and to apply such monies to certain uses; and also impowering them to keep the accounts of the Governor's House, and directing the finishing of the same. CHAP. X. An Act for raising a Public Levy. CHAP. XI. An Act for dividing St. Mary's Parish. G-VOE. 4. CHAP. XII. An act to enable William Smith, gentleman, to sell and dispose of certain entailed Lands and Tenements, lying in the County of New-Kent, on settling other Lands and Tenements, lying in King William County, of which he is seised in fee, to the same uses. Signed by ALEXANDER SPOTSWOOD, Esq. Governor PETER BEVERLY, Speaker. AT A General Assembly, BEGUN AT The Capitol, the twenty-second day of October, in the Alex. Spots wood, Esq. Governor. CHAP. I. An act for regulating and settling the current rates of nion. WHEREAS the rates at which foreign coined [From edit. 1733, p.297. 1. W gold hath passed in this colony, have hitherto Preamble. been unsettled, and some of them disproportionate to others of the same intrinsic value, and all unequal to the coined gold of Great-Britain: Wherefore, for ascertaining the rates thereof, as near as may be, at an equal value, II. Be it enacted by the Lieutenant-Governor, the Coun- Rates of gold cil and Burgesses, of this present General Assembly, and coin. it is hereby enacted, by the authority of the same, That the several species of gold coin, herein after mentioned and set down, shall be current, within this his Majesty's colony and dominion, in all paiments, for the discharging any contracts, bargains, or debts, to be made or contracted after the publication of this act; and shall pass, be accounted, and received at the following rates, |