ginia, and preventing unlawful and treasonable associations; also, an act made in the third year of the reign of king William, and queen Mary, intituled, An act declaring the duty of Tanners, Curriers, and Shoemakers; also, an act made in the fourth year of the reign of queen Anne, intituled, An act for encouragement of the land frontiers; also, one other act made in the same year, intituled, An act to prevent Indians hunting or ranging upon patented lands; shall be, and the said several recited acts of Assembly are hereby repealed, and made void, to all intents and purposes; as if the same had never been made.

CHAP. XLIV.

An Act concerning Strays.

vessels

Rewards for

I. BE it enacted by the Lieutenant Governor, Coun- Persons cil, and Burgesses, of this present General Assembly, taking up and it is hereby enacted, by the authority of the same, strays, or That every person who shall take up any stray horse, adrift, shall mare, or nett cattle, or any sheep, goats, or hogs, or advertise the boat, or other vessel adrift, shall cause a description same. of the marks, brand, stature, and colour, of such horse, mare, or cattle, the mark, and colour, of such sheep, goat, or hog, and the burthen, and built, of such boat, or other vessel adrift, to be publicly affixed at the court house of his, or her county, on two several court days, next after taking up the same, and, for a reward of taking up, shall be paid by the owner, five taking up. shillings, for every such horse, mare, head of cattle, boat, or other vessel; and one shilling for every sheep, goat, or hog: And every person taking up any stray, Penalty on or vessel adrift, and failing to give such notice, or failure to admaking use of any such stray, or boat, or other ves- making use sel, shall forfeit fifteen shillings, current money, to the of the stray, informer, recoverable, with costs, before any justice or vessel. of the county where the offence shall be committed, and shall moreover pay double damages to the owner. II. And be it further enacted, by the authority aforesaid, That if no owner shall appear, after notice twice

vertise, or

The method published as aforesaid, the taker up shall make applito be taken cation to a justice of his county, who is hereby im

where no

owner appears.

powered thereupon to issue his warrant, directed to any three honest house keepers of the neighbourhood, who having first taken an oath, before the said justice, shall view and appraise such stray, or boat, or other vessel, and then the property thereof shall be vested in the taker up, but he shall nevertheless be answerable for the valuation money to the owner, at any time afterwards, deducting the reward for taking up: And where the valuation exceeds twenty shillings, And where the taker up, shall send a description of such stray, the value ex- or boat, or other vessel, to the printer to be advertised three times in the Virginia Gazette, and if no owner shall claim the same within six months after appraisement, the property shall be vested in the taker up, but for the valuation money he shall be answerable to the owner at any time afterwards, deducting only five per centum for taking up, and the charge of adverPrinter's fee tising, for which the printer may demand and take two shillings for the first advertisement, and one shilling for every advertisement thereafter, and no more.

ceeds twenty shillings.

for adver

tisements.

ble for death, or loss of the stray.

Who may

Taker up III. Provided always, That if after notice publishnot answera- ed as aforesaid, any stray shall happen to die, or get away, or any boat or vessel taken up, shall break loose, or get away, before the owner thereof shall make claim, and prove his, or her right, the taker up shall not be answerable for the same: And if any person, not being a freeholder, house keeper, or overnot take up, or use any seer, shall presume to take up, or make use of any stray, under stray, or boat, or other vessel adrift, he, or she so penalty of offending shall, for every such offence, forfeit and pay 20 shillings, twenty shillings, to the informer, recoverable with costs, before any justice of peace of the county where such offence shall be committed; and upon failure of payment, or giving security for payment, within one month after conviction, such offender shall, by order of the justice, receive twenty lashes on his, or her bare back, well laid on.

or twenty lashes.

Repealing clause.

Commencement of this act.

IV. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of Queen Anne, intituled, An act concerning waifts and strays, shall be, and is hereby repealed.

V. And be it further enacted, That this act shall 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.

CHAP. XLV.

An Act concerning the public Prisons, and directing the method of appointing the Keeper thereof.

I. BE it enacted by the Lieutenant Governor, Coun- East end of cil, and Burgesses, of this present General Assembly, the public and it is hereby enacted, by the authority of the same, for debtors, prison to be That the two rooms at the east end of the now public west end for goal be appropriated and kept, for the receiving and criminals. safe keeping of debtors committed, or to be committed, by the general court; of which prison the judges of the said court, or the major part of them, are hereby impowered to lay out and appoint rules: And that the west end of the said building be appointed and kept, for the receiving and safe keeping of criminals committed to the public goal.

II. And be it further enacted, by the authority afore- Governor to said, That the governor or commander in chief of this appoint a keeper, who dominion, for the time being, shall be, and is hereby is to give authorised and impowered to nominate and appoint, bond. from time to time, some fit and able person, to be keeper of the said public prisons; but the person so appointed shall, within one month after his appointment, and in some court of record, enter into bond, with sufficient security to the king, his heirs and successors, in the sum of five hundred pounds current money, for the due execution of his office: Which bond shall be returned to the then next succeeding general court: And if the securities shall by the said Penalty for court, be judged insufficient and other good security acting withbe not then tendered and given, another person giving bond. out giving bond and security as aforesaid, shall be appointed in his room: And if any person shall presume to execute the said office, without giving such bond and security, he shall forfeit and pay twenty pounds current money, for every month he shall execute the same; one moiety of which forfeiture shall be to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof; the other moiety to the informer: To be recovered with costs, by action of debt, or information, in any court of record of this dominion. And that the person who shall

be keeper at the time of passing this act, shall within one month, give the like bond and security; and on failure thereof shall be incapable to hold the said office, and liable to the penalty aforesaid, for presuming to execute the same: To be recovered and divided in manner aforesaid. And that every keeper of the said public prisons, shall constantly attend and execute the commands of the general court, from time to time, and receive and take into his custody all, and every person and persons, by the said court to him committed, on mesne process, or in execution, in any civil cause or action, or for any contempt of the court; and such person and persons shall keep, in his safe custody, until he, she, or they, be thence lawfully discharged; and may demand and receive of such prisoner and prisoners the fees and allowances settled, or to be settled, by law, from time to time; but where any such prisoner shall be so poor, as not to be able to maintain and subsist him or herself in prison, there shall be allowed six pence per day, and paid by the general Assembly, for relief and maintenance of such poor prisoner; and no fee or security whatsoever shall be taken or demanded of him, or her; neither shall it be lawful for the said keeper, or any other person, to detain or keep such poor prisoner in custody, for his or her prison fees: And that all criminals and other prisoners, by legal warrant committed to the public goal, shall be received by the said keeper thereof, and in his custody safely kept, until he, she, or they be thence discharged, by due course of law. And that the keeper of the said public prisons, for the time being, shall during his continuance in office, be exempt and free from all musters of the militia, and from serving on any jury; and for his attendance, and keeping the public prisons and prisoners, shall have such allowance as by the general Assembly shall be thought reasonable.

III. And be it further enacted, by the authority aforesaid, That so much of one act made in the tenth year of queen Anne, for building a prison for debtors, to be committed by the general court; and one other act made in the eighth year of king George the first, for making the public prisons in Williamsburg more convenient; and for building a house for the keeper thereof, as is contrary to this act; and all and every other act and acts, clause and clauses, heretofore made for

and concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

CHAP. XLVI.

An Act for encouraging adventurers in
Iron-Works.

I. WHEREAS the making of Iron, within this colony, tends to the increase of the navigation and commerce of Great Britain, as well as the benefit of his majesty's subjects here, and therefore, by the laws hitherto in force, suitable encouragements have been given, from time to time, to such persons who, at their considerable expence, have erected furnaces and other works for that purpose; and it being reasonable, that such encouragements should be continued.

Preamble.

works, shall

II. BE it therefore enacted, by the Lieutenant-Govern- Convenient or, Council and Burgesses of this present General Assem roads to and bly, and it is hereby enacted, by the authority of the from ironsame, That upon application made to any county be laid out court, by the owner, owners, or chief manager of any and kept by iron-works, within their county, such court shall or- the owners. der and appoint good roads to be laid out and made, from such works to the nearest place upon some navigable river, or creek, where the iron, made at such works, may be brought and shipped off, and for the bringing from thence stone, and other materials, for carrying on such works; and also, for the transporting or carrying wood, coal, oar, or stone, from any place or places to such furnaces; and shall also order such causeways and bridges, as shall be necessary for wheel-carriages to pass with the most case, to and from such iron-works: Which roads, causeways, and bridges, shall be cleared, made, and repaired, from time to time, by the owners of such iron-works, for whose benefit the same shall be appointed.

Persons em

from clear

ployed in III. Provided always, That all roads heretofore, iron works or hereafter ordered, by the general court, or any exempted county court, for public use and conveniency, shall be cleared and maintained by the respective surveyors reads. S-Vol. 6.