The manner of dealing with such.

loitering, and neglecting to labour for reasonable wa ges; all persons who run from their habitations, and leave wives or children, without suitable means for their subsistence, whereby they are like to become burdensome to the parish wherein they inhabit; and all other idle, vagrant, or dissolute persons, wandering abroad, without betaking themselves to some lawful employment, or honest labour, or going about begging, shall be deemed and adjudged rogues and vagabonds.

IV. And be it further enacted, by the authority aforesaid, That if any such vagabond shall be found in any parish or place, wandering, begging, or misordering him or herself, it shall be lawful for any justice of peace of that county, and he is hereby impowered and required, by warrant under his hand, to cause such vagabond to be brought before him, and to examine and inform himself, as well by the oath and examination of the person apprehended, as of any other person or persons, which oath or oaths the justice is hereby impowered to administer, and by any other ways and means he shall think proper, of the condition and circumstances of the person or persons so apprehended; and if it shall appear, that he or she is under the description of vagabonds, within this act, the said justice shall, by his warrant, order and direct him or her to be conveyed and whipt, in the same manner as runaways are, from constable to con stable, to the parish wherein his wife or children do inhabit, or where he or she did last reside, as the case shall be, and there delivered to a justice of the peace, who is hereby required to cause every such vagabond to give sufficient security for his or her good behaviour, and for betaking him or herself to some lawful calling, or honest labour; and if he or she shall fail so to do, then to commit him or her to the common goal of the county, there to remain until such securi ty be given, or until the next court: Which court is hereby impowered, if no security be then offered, to bind such vagabond to service, on wages, for the term of one year; and such wages, after deducting the charges of the prosecution and necessary cloathing, shall be applied towards supporting the family of such servant, if any, or otherwise paid to the person so bound, after his or her time of service is expired, in full of all other recompence or reward: But if any

such vagabond be of such evil repute, that no person will receive him or her into service, in such case, the court shall order him or her to receive thirty nine lashes on his or her bare back, well laid on at the public whipping-post, and then to be discharged; and in both cases, every such vagabond shall be afterwards liable to the like prosecution and punishment, for every offence of vagrancy, whereof he or she shall be guilty as aforesaid: And when any such vagabond shall be brought before a justice of the peace, and it shall not appear to the said justice, that he or she has acquired a legal settlement in any parish, the said justice is hereby required to cause such vagabond to give security for his or her good behaviour, and for betaking him or herself to some honest calling or employment, and on failure thereof, shall commit him or her to the gaol of the county, there to remain, and be dealt with as is herein before directed.

V. And for determining all disputes concerning what shall be accounted a legal settlement, whereby any person may be entitled to be provided for at the parish charge: It is hereby enacted and declared, That no person shall be accounted an inhabitant, so as to have gained a legal settlement in any parish, until such person shall have been actually resident in such parish, one whole year.

What shall

be a legal

VI. And be it further enacted by the authority afore. The method said, That upon complaint made by the churchwar- of sending dens of any parish, before a justice of peace, that any to their own poor people poor person or persons is or are come into their parish. parish, and likely to become chargeable thereto, it shall be lawful for such justice, by warrant under his hand, to cause such poor person to be removed to the parish where he or she was last legally settled; but if such poor person be sick or disabled, and cannot be removed without danger of life, the churchwardens shall provide for his or her maintenance and cure, at the charge of their parish, and after recovery shall cause him or her to be so removed; and the parish, wherein he or she was last legally settled, shall repay all charges occasioned by the sickness, maintenance and cure of such poor person, and also all charges and expences, if such person shall die before removal: And if the churchwarden or churchwardens of the parish to which such poor person belongs shall refuse to receive and provide for the person or per

Penalty on ohurch war

dens refusing to receive the poor.

against Ves

tries not

sons removed by warrant, as aforesaid, every churchwarden so refusing shall forfeit and pay twenty pounds current money, one half to our sovereign lord the king, for the use of the parish from whence the removal was, and the other moiety to the informer; to be recovered by action of debt or information, in any court of record of this dominion, with costs of suit: And if the vestry of the parish where such poor per Remedy son was last legally settled shall refuse to pay and satisfy all the charges and expences aforesaid, in such paying char. case, the vestry of the parish refusing shall be liable for the same to the churchwardens of the parish aggrieved, to be recovered with costs, in any court of record, as aforesaid: And if any house keeper shall entertain any such poor person, and shall not give Penalty for notice thereof to the churchwardens of the parish, or entertaining one of them, within one month, he or she so offending poor without shall forfeit and pay the sum of five pounds, or one giving nothousand pounds of tobacco, to be recovered with costs, by the churchwardens, for the use of the parish, by action of debt or information, in any county court.

ges.

tice.

VII. And to prevent the evil consequences attendIn what cases ing the neglect or inability of poor people to bring up and by whom their children in an honest and orderly course of life, dren may be Be it further enacted, by the authority aforesaid, That bound ap

poor chil

prentices.

Repealing clause.

Commence ment.

where any person or persons shall be, by their county court, judged incapable of supporting and bringing up their child or children, in honest courses, or where it shall appear to the court, that he, she, or they, neglect to take due care of the education of his, her, or their child or children, and their instruction in the principles of christianity, in any such case it shall be lawful for the churchwardens of the parish, where such child or children inhabit, by order of their county court, to bind every such child or children apprentices, in the same manner, and under such covenants and conditions as the law directs for poor orphan children.

VIII. And be it further enacted by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

IX. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force

1

from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

CHAP. XIX.

An Act directing the duty of Surveyors of Land.

sistants shall

I. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, Surveyors That all and every person and persons, who now is, and their asor are surveyors of land in any county of this colony, 'give bond or assistant to such surveyor, shall, within three and security. months after the commencement of this act, and every person thereafter to be appointed surveyor or assistant, shall, before his entering upon the execution of such trust or office, in the court of that county whereof he is, or shall be appointed surveyor, or assistant, enter into bond with two sufficient sureties, to our sovereign lord the king, his heirs and successors, in the sum of five hundred pounds current money, for the true and faithful execution and performance of his office, and shall also then there make oath, and swear, And be That he will truly and faithfully, to the best of his sworn. knowledge and power, discharge and execute his trust, office, and employment;' which bond and oath the justices of every county court respectively are hereby authorized and required to cause to be entered into, administered, and recorded: And if any surveyor or assistant, shall presume to execute his office, after the commencement of this act, before such bond Otherwise and oath by him entered into and taken, he shall not their probe entitled to demand or receive any fee for the same; ceedings and every survey, and other matter or thing, so by him done under colour of his office, shall be illegal

and void.

void.

II. And be it further enacted by the authority afore- Rules in ensaid, That when any person shall offer to enter with tries for land. any surveyor, within this colony, for any quantity of land, not before granted by patent, if the surveyor

shall refuse to enter the same, pretending it to have E-Vol. 6.

been before entered by some other person, in such case, the surveyor shall produce his book of entries to the person offering to enter, and shew him the said entry, and also give an attested copy thereof, if required; the person demanding the same, paying for such copy, the fee of two shillings and six pence, and no more: And if any surveyor shall refuse to produce his said book, to any person requiring the same, so as such demand be made at the surveyor's house, or any other place where his book of entries is; or shall refuse to give a copy of any entry, or to enter any land when required, where such entry shall be agreeable to, and not interfering with the orders of the governor in council, relating to the taking up and paPenalty on tenting of lands; or shall refuse upon reasonable notice to him given, to survey and lay out any lands, for any person legally requiring the same, and which may lawfully be done; every surveyor so refusing shall forfeit and pay to the party grieved, for his or her own use, twenty pounds current money, for every such refusal.

surveyors refusing to do their duty.

How a sur

veyor may enter land

III. And be it further enacted by the authority aforesaid, That if any surveyor, or assistant, shall enter for himself. for lands, either in his own name, or in the name of any other person or persons in his behalf, or for his use, such entry shall be made before a justice of the peace, (not being an assistant) of the county where the lands lie, which entry the said justice shall return to the next court, there to be recorded: And every entry, or survey thereupon made, by or for any surveyor or assistant, after the passing of this act, in any other manner than is herein before directed, shall be illegal and void, and any other person may enter, survey, and sue forth a patent for the same land.

cial cases.

IV. And be it further enacted by the authority aforeRules in spe- said, That where any entry hath been or shall be made, for less than four hundred acres of land, and before surveying the same, the person or persons, by or for whom such entry was or shall be made, shall duly enter for more land, adjoining thereto, not exceeding in the whole four hundred acres, the surveyor shall not be entitled to any larger fee for the survey thereof, than if the whole quantity had been entered for at first: And where lands to be surveyed shall lie in two counties, or districts, such land shall be surveyed by the surveyor of that county, or district,