Owners and mills. covered, in the same manner, as the penalty for not keeping the roads or highways in repair. And every such surveyor shall, from time to time, as there shall be occasion, cause the inscriptions on such stone or post to be renewed, and also, cause a new stone or post to be fixed, with inscription, as aforesaid, if the same shall be wanting, under the like penalty, as for not keeping the roads or highways in good repair; and to be recovered, in the same manner. And if the justices of any county court shall neglect or refuse to direct or order the surveyors of the several counties,to erect such stone or post, as aforesaid, according to the directions of this act; such justices shall forfeit and pay the sum of two thousand pounds of tobacco: One moiety to our sovereign lord the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other moiety to him or them, that will inform, or sue for the same: To be recovered, with costs, by action of debt, or information, in the general court. VIII. And, for the more easy prosecution of owners occupiers of and occupiers of mills, to which any public road leads, who shall not keep their dams in good repair, and of the breadth prescribed by law: Be it enacted, That if any such mill-dam, or the bridge, or passage of the peer-head, flood gates, or waste, over the same, shall, after the first day of May next, be of less breadth than ten feet at top, for the whole length of such dam, bridge, or passage; the owner or owners, occupier or occupiers of such mill, shall forfeit and pay twenty shillings for every offence: To be recovered, with costs, before any justice of the peace of the county, in which such mill-dam shall be; one half of the said penalty to the use of the informer; and the other half to the churchwardens of the parish, in which such mills shall be, for the use of the poor of the said parish. And every own er or occupier of such mill, shall, before the said first day of May, cause strong rails to be set up on each side of such bridge, or passage at the peer-head, floodgates, or waste, under the like penalty Proviso. IX. Provided always, That if any such mill-dam, or the flood gates, or peer-head, belonging to any such mill, shall happen to be destroied or carried away by violent rains, or 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. pealed. X- And be it further enacted, That so much of one Penalty, 1 act of assembly, made in the first year of the reign of Geo. 1, rehis late majesty king George the first,intituled, An Act, to oblige owners and occupiers of Mills, to which public Roads shall lead, to make the Dams of such Mills ten feet wide at top, as inflicts any penalty or forfeiture, for not keeping mill-dams, according to the directions of this act, be, and is hereby repealed and made void. CHAP. VIII. An Act, for amending the Act, intituled, An Act, concerning Tithables. I. HEREAS, the act of assembly made in the Preamble. fourth year of the reign of the late queen Anne, intituled, An Act concerning Tithables, hath not been found effectual, to oblige persons to list their tithables, according to the intent and meaning of the said act; it having been practised by some persons, being owners of plantations in different counties, and parishes, when they have known, or been apprehensive, that the levies would run high in one of those counties, or parishes, by reason of public buildings, or other emergencies, to remove their tithables, some small time before the ninth of June, out of the said county, or parish, to some other plantation in another county, or parish; and afterwards, in a short time, have caused the same, or other tithables in their room, to return to the county, or parish, from whence they were so removed: And it hath been also practised by others, for avoiding the paiment of their levies, to combine together not to list their tithables, and then covinously to inform, or sue, and obtain judgments against each other as concealers of tithables, whereby others have been prevented from prosecuting them for the same, to the great encouragement of such offenders: For the preventing of which evil practices, for the future, II. Be it enacted, by the Lieutenant-Governor, Coun- Tithables recil and Burgesses, of this present General Assembly, and moved. it is hereby enacted, by the authority of the same, That if any master or mistress of a family, or in his or her Mariners exempted from paying levies. Preamble. absence, or non-residence at the plantation, his or her attorney, or overseer, shall remove his or her tithables from one plantation to another, with intent to avoid the paiment of levies in the county, or parish, from whence they were so removed; and shall afterwards cause the same, or other tithables in their room, to return to the plantation from whence they are removed, in manner as herein before is mentioned; every such master or mistress, attorney, or overscer, shall be adjudged and taken, and is hereby declared to be a concealer of the said tithables so removed, and shall be liable to all the penalties and forfeitures inflicted by the said recited act, or by this act, for concealing, or not listing of tithables: And that one moiety only of the penalties and forfeitures inflicted by the said recited act, shall go and be to the use of the informer; and the other moiety to the churchwardens of the parish where the offence shall be committed, to the use of the said parish. Any thing in the said act, or any other act, to the contrary, notwithstanding. III. And for the ease and encouragement of mariners and seafaring persons. Be it further enacted, by the authority aforesaid, That all mariners and seafaring persons not being freeholders, commonly emploied in navigation, and who actually pay towards the support of Greenwich hospital, out of their wages, shall, and are hereby exempted from being listed as tithables; and from paying any public, county, or parish levy. Any law, usage, or custom,to the contrary,notwithstanding. CHAP. IX. An Act, to restrain Sherifs, and other Officers, from mali g unreasonable seisures and distresses; and for other purposes therein mentioned. I. WHEREAS, divers sherifs, and other officers, out of an evil design, upon writs of fieri facias, for small debts, have frequently seised slaves, and other estate of the defendants, of much greater value than the debt; and the collectors of officers fees, and of the public, county, and parish levies, have practised the same, in the distresses made by them, for such fees and levies; and some collectors of the parish levies, after the year in which the levies ought to have been paid, have brought suits for the same, in the name of the churchwardens; and after judgment, have taken the body of the debtor in execution, although sufficient distress for such levies might have been had; to the great oppression, damage, and loss of many of his majesty's good subjects: For remedy of which abuses, for the future, execution II. Be it enacted, by the Lieutenant-Governor, Coun- Slaves not to cil and Burgesses, of this present General Assembly, and be taken in it is hereby enacted, by the authority of the same, That for less than no sheriff, or other officer, to whom any writ of fieri 101. facias shall be directed, shall hereafter take in execution any slave or slaves, unless the debt and costs, mentioned in such fieri facias, shall amount to the sum of ten pounds, or two thousand pounds of tobacco; provided there shall be shewn to such sheriff, or other officer, by the defendant, or any other person, sufficient goods and chattels of such defendant, within the bailiwick of such sheriff, or other officer, upon which he may levy the debt and costs mentioned in such fieri facias. And that no collector of any officers fees, or of Nor for le any public, county, or parish levies, shall hereafter vies, or offseise or make distress upon the slave or slaves of any person, for such fees or levies, if other sufficient distress can be had: And that no sheriff, or other officer, or collector of fees or levies, shall make or take unrcasonable scisures or distresses. And if any sheriff, or other collector of fees or levies, as aforesaid, shall act contrary hereto; such sheriff, officer, or collector, shall be liable to the action of the party grieved, grounded upon this act; wherein the plaintiff shall recover his full costs, although the damages given, do not exceed forty shillings. cers fees. fees. III. And be it further enacted. by the authority afore- No action to said, That no action or suit shall, hereafter, at any be brought time, be brought for any parish levies, where distress for levies or may be had for the same: And that were any such levies shall not be paid to, or received by, the collector of the same, in the year in which such levies ought to be paid, it shall and may be lawful, to and for any succeeding collector of the parish levy, to make distress for the same, at any time, within three years after such levies first became due, and not afterwards. And that it shall not be lawful for any justice of the peace, at any Sa. No justice to grant a Ca. Secretary's fees. time hereafter, to grant an execution upon any judgment given by him, out of court, against the body of the debtor, or defendant. Any law usage, or custom, to the contrary, in any-wise, notwithstanding. CHAP. X. An Act, for the better regulating and collecting certain tioned. 1.B To the Secretary. Current Money For making out, sealing, and recording at large, s. d. 80 For making out, sealing, and recording at large, a patent commonly called a double patent, be- 12 O For parchment for every patent, 26 For recording every warrant to an escheat, and For every testimonial, 10 0 For every writ, in the nature of an ad quod dam- 5 0 11 6 For a copy of such writ and inquisition, to be 5 0 |