costs, in any court of record of this dominion, wherein Where the the same shall be cognizable. party injur ed may sue

II. Provided nevertheless, That for the third offence for damages, of any one or more of the beasts aforesaid, breaking or destroy into such enclosures, it shall be at the election of the the beasts party injured, to sue for his damages, or to kill and destroy the beasts so trespassing, without being answerable for the same.

viewed.

III. And that the condition of the fence, at the time How the fenof the trespass committed, may be proved to a jury ces shall be upon trial, It is hereby further enacted, That upon complaint made by the party injured, before any justice of peace of that county, wherein such trespass shall be, such justice is hereby impowered and required to issue his order without delay, to three honest house-keepers of the neighbourhood, no ways related to the party injured, nor interested concerning the trespass, reciting the complaint, and requiring them to view the fence where the trespass is complained of, and to take memorandums of the same; and their testimony in such case shall be good evidence to the jury, as touching the lawfulness of the fence.

IV. And be it further enacted by the authority afore- Penalty for said, That if any person, damnified for want of such hurting sufficient fence, shall hurt, wound, tame, kill, or de- beasts in grounds not stroy, or cause to be hurt, wounded, lamed, killed, or sufficiently destroyed, by shooting, hunting with dogs, or other- fenced. wise, any of the kind, or breed of horses, cattle, sheep, goats, or hogs, he, she, or they, so offending, shall pay and satisfy to the owner of the creature, so hurt, wounded, lamed, killed, or destroyed, double damages, with costs, recoverable as aforesaid, except the damage alledged to be under twenty five shillings, and then recoverable before any justice of peace, of the county where the damage was done.

beasts

V. And be it further enacted, by the authority afore- Reward for said, That all owners of horses, mares, cattle, or taking up other beasts, which they know to have barked fruit known to trees, shall keep the same within their own fenced have barked ground; and if any person shall take up any horse, fruit trees. mare, kine, or other beast, known by the owner to have barked fruit-trees, and shall deliver the same to such owner, he or she shall pay the taker up one hundred pounds of tobacco for every such beast, so taken up and delivered, recoverable with costs, before

or other vessels.

any justice of the county wherein such beast was taken up, or the owner lives: Provided always, That the taker up shall, if required, make oath before the same justice, that he took up such horse, mare, or other beast, and that no means were used by himself, or any other person to his knowledge, to set the same at large; otherwise he shall lose the said reward.

Penalty for VI. And be it further enacted, by the authority aforetaking boats said, That every person who shall, without leave of the owner, take away any boat, or other vessel, shall for every such offence, pay five hundred pounds of tobacco, to the owner thereof, over and above the damage such boat or vessel shall sustain, and over and above the charge of bringing back the vessel; to be recovered, with costs, in any court of record, as aforesaid; and if the person so trespassing be a servant, he or she shall make the like satisfaction, by his or her service, when the time due to his or her master, or owner, shall be expired; and where there shall be several offenders in one trespass, every person shall be liable for the whole penalty.

Repealing clause.

Commence

VII. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of Queen Anne, intituled, An Act for prevention of trespasses, by unruly horses, cattle, hogs, sheep, and goats, and by taking away boats, and canoes, shall be, and is hereby repealed.

VIII. And be it further enacted, That this act shall ment of this commence and be in force, 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.

act.

Who shall

CHAP. XXI.

An Act concerning Tithables.

I. BE it enacted, by the Lieutenant-Governor, Counbe tithable. cil and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That all male persons of the age of sixteen years and up

wards, and all negroc, mulatto, and Indian women of the same age, except Indians tributary to this government, and all wives of free negroes, mulattos, and Indians, except as before excepted, shall be and are hereby declared to be tithable, and chargeable for defraying the public, county, and parish levies, of this colony and dominion, excepting such only as the county courts, for charitable reasons appearing to them, shall think fit to excuse.

Persons ex

II. Provided always, That nothing herein contained shall be construed to extend to the governor, or empted. commander in chief of this colony, for the time being, and his domestick servants; or to the president, masters, scholars, and domestick servants, of the college of William and Mary; or to the person of any beneficed minister within this colony; or to the person of any constable, so long as he continues in his office; so as to charge them, or any of them, as tithables within the meaning of this act.

III. And for ascertaining the age of children import- How the ed into this colony, Be it further enacted, by the au- age of children importthority aforesaid, That the owner or purchaser of every ed, shall be imported child, being a servant or slave, and the adjudged. parent or importer of every free male child, shall bring him or her before the court of that county wherein such child shall be resident, at the first, second, or third court held, after his or her importation, and the age of such child, being then there adjudged by the court, and recorded, shall be deemed and taken to be the true age thereof, in respect to his or her becoming tithable, otherwise every such child shall be immediately tithable, although not sixteen years of age.

tithables.

IV. And for the regular listing all tithable persons, The method Be it further enacted, by the authority aforesaid, That of listing the court of every county respectively, shall divide the same into convenient precincts, and annually, before the tenth day of June, appoint one of the justices for each precinct, to take a list of the tithables therein; and every such justice shall, before that day, give public notice of his being so appointed, and at what place or places he intends to receive the lists, by advertisement thereof, affixed to the church door of the parish wherein his precinct lies, and shall accordingly attend on the said tenth day of June, if it be not Sunday, and then on the next day, and in August court next following shall deliver a fair list, of the names F-Vol. 6.

and numbers of the tithables, together with the vouchers by him taken, to the clerk of the court, who, on the next court day, shall set up fair copies of such lists in his court house, there to remain during the sitting of that court, for the inspection of all persons, and the better discovery of such as shall be concealed: And if any justice so appointed shall refuse to take, Penalty on or shall fail to return such list, and vouchers, as aforejustices not said, he shall forfeit and pay two thousand pounds of taking and tobacco, one moiety to the king, his heirs and succes returning the lists. sors, for the use of the county wherein such failure, or refusal shall be, towards lessening the county levý, and the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any county court of this dominion.

On persons not listing

bles.

V. And that every master, or owner of a family, or in his absence, or non-residence at the plantation; their titha- his or her agent, attorney, or overseer, shall on the said tenth day of June, by a list under his or her hand, deliver, or cause to be delivered, to the justice appointed for that precinct, the names and number of all tithable persons abiding in, or belonging to his or her family, the ninth of June; or the master or owner thereof, or in case of his or her absence, or non residence upon the plantation, the overseer, shall be adjudged a concealer of such and so many tithables as shall not be listed and given in, and for every tithable person, so concealed, shall forfeit and pay five hundred pounds of tobacco, one moiety to the king, his heirs and successors, for the use of the parish wherein , such concealment shall be, the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any court of record where the same shall be cognizable: And when any overseer shall fail to list the tithables upon the plantation whereof he is overseer, the master or owner shall be subject to the payment of their levies, in the same manner as he would ing his own have been if they had been listed: And if any justice, appointed to take the list of tithables, shall not truly enter and list the names, and number of his own tithables in that precinct, in the list he gives in, he shall be adjudged a concealer, and for every tithable person so by him concealed and not listed, shall forfeit and pay one thousand pounds of tobacco, to be applied and recovered as aforesaid.

Owner liable where the Overseer

fails to list.

On the justice not list

tithables.

VI. Provided nevertheless, That if any owner or Lists may be overseer shall happen, by sickness, absence, or igno- given in berance of the person, or place, to omit delivering his fore June 30 or her list on the said tenth day of June, to the justice appointed to take the same, it shall be lawful for such person, to deliver or send his or her list to the house of such justice, at any time before the last day of the said month, which shall discharge him or her from the penalty aforesaid.

What shall

VII. And whereas some persons, being owners of plantations in different counties and parishes, when they have been apprehensive, That the levies would run high in one of those counties or parishes, by reason of public buildings, or other emergencies, have removed their tithables some small time before the ninth of June, out of such county or parish, to some other plantation in another county or parish, and in a short time afterwards have caused the same, or other tithables in their room, to return to the county or parish from whence they were removed: For preventing such fraudulent practices, Be it further enacted, by the authority aforesaid, That if any master, be a fraudu owner, or overseer, shall remove his or her tithables, lent remofrom one plantation to another, with intent to avoid val of tithar the payment of levies in the county or parish from whence they are so removed, and shall afterwards cause the same or other tithables in their room, to return to the plantation from whence they were removed, in the manner herein before mentioned, every such master, owner, or overseer, shall be adjudged, and is hereby declared to be a concealer of the tithables so removed, and shall be liable to the penalties by this act inflicted for concealing or not listing tithables, to be recovered and applied as is herein before directed.

bles.

VIII. And for the ease and encouragement of ma- Mariners not riners, and seafaring persons, Be it further enacted, by tithable. the authority aforesaid, That all mariners and seafaring persons, not being freeholders, commonly employed in navigation, and who actually pay towards the support of Greenwich hospital, out of their wages, shall be, and are hereby exempted from being listed as tithables, and from paying any public, county, or parish levy.

IX. And be it further enacted, by the authority afore- Repealing said, That one act made in the fourth year of queen

clause.