such owner of a mill in that county, or if such owner do not sue in two months after the forfeiture incurred, then by the churchwarden or churchwardens of the parish where such mill shall be, for the use of the poor inhabitants of such parish. III. Provided always, That where any such mill Saving, as to shall be in the tenure or occupation of any tenant, who tenant. shall not have a term therein for more than two years after the said last day of November, such tenant shall not be obliged, by virtue of this act, to make or keep the dam, bridge, or passage, to such mill belonging, of such breadth as is above by this act required, nor shall be liable to any the said penalties or forfeitures for not performing thereof: But that in such cases, the owner or proprietor of such mill shall be obliged to do and perform the same, under the forfeitures and penalties aforesaid. dam is de IV. Provided also, That if any of the mill-dams, Proviso, peer-heads, or flood-gates, aforesaid, shall happen to where the be destroied, or carried away by violent rains, or any stroyed. other accident, the owner or owners thereof, shall not be liable to any of the penalties afore-mentioned, until one month after such mill hath ground at least one bushel of corn, or other grain, for toll. I. CHAP. III. An act for erecting a Magazine. [From edit. 1733, p.300.] HEREAS our late sovereign lady queen Anne, Preamble. WHEREASourate of her grace and bounty, was pleased to be stow a considerable quantity of arms and ammunition, for the service of this colony, which are in danger to be imbezzled and spoilt, for want of a convenient and proper place to keep them in. II. Be it therefore enacted, by the Lieut. Governor, Magazine to Council, and Burgesses, of this present General Assem- be built. bly, and it is hereby enacted bythe authority of the same, That as soon as conveniently it may be done, there shall be erected and finished one good substantial house of brick, which shall be called the magazine, at such place as the lieutenant-governor shall think proper: In which magazine, all the arms, gun-powder, and ammunition, now in this colony, belonging to the king, 1 Power of go vernor. Keeper. or which shall at any time hereafter be, belonging to his majesty, his heirs or successors, in this colony, may be lodged and kept. For the building and finishing which magazine, there shall be laid out and expended any sum or sums of money, not exceeding two hundred pounds; to be levied and paid out of the monies arising by the duty on liquors & slaves, after the monies alrea dy appropriated and ordered to be paid out of the said duty, are fully satisfied and paid: And the honourable the lieutenant-governor is hereby impowered and desired to order and direct the building the said magazine, and to issue his warrant, from time to time, on the treasurer of this dominion, for the paiment of the money hereby given. III. And be it further enacted, by the authority aforesaid, That so soon as the said magazine shall be fit to receive therein the arms and ammunition, it shall and may be lawful for the lieutenant-governor, or the gov ernor or commander in chief of this dominion, for the time being, to constitute and appoint a person to look after and take charge of the magazine, and the ammunition which shall be lodged therein; which person so appointed, shall be called the keeper of the magazine, who shall have and receive the yearly salary of twenty His salary. pounds: And also to constitute and appoint one other person to take care of, keep clean, aud mend the arms which shall be kept in the said magazine; which person shall be called the armourer, who shall have and How paid. receive the yearly salary of twenty pounds. Which said salaries of twenty pounds hereby given to the keeper of the magazine, and to the armourer, shall be paid & satisfied yearly, out of the monies arising by the said duty on liquors and slaves, after the monies already appropriated and ordered to be paid out of the said duty, shall be fully satisfied and paid. IV. And be it further enacted, by the authority aforeDuties, payable by Vir. said, That when, and so soon as there shall be a comginia Indian pany erected and incorporated by charter, or act of Company. assembly, by the name of the Virginia Indian Com pany, or by any other name, to trade with the Indians tributary to this government, or foreign; such company shall, before they be permitted to use or exercise their said trade, pay to the treasurer of this dominion, the sum of one hundred pounds, in part of such money as shall have been laid out and expended, by the "directions of this act, for building and finishing the said magazine. CHAP. IV. An Act for altering the day for Princess-Anne County CHAP. V. [From edit. An Act for continuing an Act, intituled, An act for pre- 1733, p. 301.] vention of abuses in Tobacco shipped on freight. 1. WHEREAS an act of assembly, made at a grand Preamble. assembly, begun at the capitol, the twentyfifth day of October, in the ninth year of the reign of our late sovereign lady Anne, of Great-Britain, France and Ireland, Queen, and in the year of our Lord, one thousand seven hundred and ten, intituled, An act for prevention of abuses in tobacco shipped on freight, hath been by experience found very useful and necessary: And whereas the said act is to continue in force till the end of this present session of assembly, and no longer. made perpe II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Act of 9 Assembly, and by the authority of the same, That the Anne, ch. 8. said act, with all clauses, powers, matters, and things tual. therein contained, shall be and continue in force, and is hereby made perpetual. Signed by ALEX: SPOTSWOOD, Esq. Governor. H-Vol. 4. AT A General Assembly, BEGUN AT The Capitol, on the third day of August, in the second year of the reign of our sovereign lord George, by the Grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, &c. Annoq; Domini, 1715. CHAP. I. An act for the encouragement of such persons as have gone and shall go voluntarily into the service of SouthCarolina. CHAP. II. An Act for raising a Public Levy. CHAP. III. An act requiring the Vestry of the Parish of Henrico, te build a Chapel in the said Parish. Signed by ALEX: SPOTSWOOD, Esq. Governor. AT A General Assembly, BEGUN AT The Capitol, the twenty-third day of April, in the fourth year of the reign of our sovereign lord George, King of Great-Britain, France and Ireland, Annoq; Domini, 1718. Alex. Spots wood, es. governor. CHAP. I. An act for settling the Fees of the Secretary's, County [From BevCourt Clerks, Sherifs, Coroners, and Constables; and erley's abr. for ascertaining the Fees of Attornies to be allowed in p. 138. a bill of Costs.* ATTORNEY'S fee in the General Court, 50s. or Attornies 500 pounds of Tobacco. Attorney's fee in the county court, 15s. or 150 pounds of tobacco. *fees. Where the plaintiff recovers judgment, if the court When taxed finds that the defendant did unjustly and vexatiously de- in a bill of lay the plaintiff, may allow him one attorney's fee in costs. the bill of costs, if he imploy'd any in his suit. Where a verdict shall pass against the plaintiff, or he be nonsuited, the court, before whom the same shall be tried; if the action appear to them litigious and unjust, may allow the defendant in his bill of costs one attorney's fee, and no more, in case he employs any, in both which cases it shall be paid in money or tobacco, at the election of the party charged. Officers fees are settled according to the insueing What fees table, and may be distrained by the sheriffs, or depu- distrainable. ties, within three years, and no action to lie if distress is to be had. A copy of the secretaries fees shall be setup in a pub- Table of fees lick place in the secretaries office, and there constantly to be set up. • This act having expired, was omitted in the revisals of 1733 and 1752; it is here inserted from Beverley's Abridgement, page 138, and is, in fact, a mere abridgement. |