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Forfeiture

size, sex, colour, mark or brand, of every such horse, then paid, or mare or colt; and also of the name and place of abode secured. of the owner, and last owner thereof; and shall, at the same time, pay down the duty, or give bond to the said collector, with one security at the least, who shall be known and responsible inhabitant or inhabitants of this colony, for the paiment of the said duty, within three months: And the importer failing to make such entry, pay down the duty, or give security as aforesaid, or making a false entry, shall forfeit and pay one hundred pounds: And every horse, mare or colt, by him imported, shall, and may be seized by any magistrate, or officer whatsoever; and shall be forfeited and sold. And if any collector or collectors of the duty imposed Penalty upon by this act, or any other person or persons depated and collectors taking a bribe, appointed, by or under them, or any of them, or any - and the perther authority whatsoever; shall, directly, or indirect son giving it ly, take or receive any bribe, recompence, and reward, in any kind whatsoever, or shall connive at any false entry of any horses, mares, or colts, liable to a duty or custom by virtue of this act, by means whereof the duties or customs shall be defrauded, the person or persons therein offending, shall forfeit and pay the sum of one hundred pounds, and be forever afterwards disabled in his said office, and rendered incapable of holding any office or employment relating to the customs within this colony and dominion; and the person or persons giving or paying any such bribe, reward or recompence, shall forfeit and pay one hundred pounds. Vill. Provided always, and be it further enacted, That if the importer of any horses, mares, or colts, of upon horses which the duty according to this act shall be paid, or exparted secured to be paid, shall within three months after the within three importation thereof, into this colony, be willing to ex- months. port the same, he shall make oath before the collector, with whom at their importation they were entered. "That the horses, mares, or colis, to be exported, are the same that were entered; and that he hath not sold or swapped them, since their entry; and the "said horses, mares, or colts, shall be exported out of "this colony within three days, and shall not be sold "or swapped therein:" And then it shall be lawful for the said collector, and he is hereby required and enjoined, to allow the said importer the whole duty or custom paid for the said horses, mares, or

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ed, under a

penalty.

colts, so to be exported; any thing in this act contained to the contrary, in any wise, notwithstanding. And every person making a false oath in this respect, shall be liable to and suffer the penalties inflicted by law for wilful and corrupt perjury: And moreover, such horses, mares, or colts, so to be exported, shall be forfeit

ed, and sold.

IX. And be it further enacted, by the authority agive receipt foresaid, That every collector, upon receipt of the dufor the duty, ty by this act imposed, or taking bond for the same, is importer hereby enjoined and required, to give a receipt under hall produce his hand, for the money by him received, or bond tawhen requir- ken, expressing the number of horses for which the same was paid, or bond taken, and the time of paiment or taking thereof, with a description of such horses, to the person paying or giving the same. And every importer, liable to the paiment of the duty by virtue of this act, shall, if thereunto required by any officer or magistrate in this colony, at any time after the expiration of three days from the time of such importation, produce and shew to the said officer or magistrate such receipt; and if such importer shall fail to produce such receipt, such failure shall be taken for a conviction, that the duty for which no receipt shall be produ ced, hath not been duly answered: And such importer, and horses, shall be liable to the forfeitures and penalties by this act inflicted, for not making an entry. X. Provided always, That nothing in this act conto extend to tained, shall extend, or be construed to extend, to any travellers, or traveller, who shall bring with him into this colony, ing to reside only such horses as are necessary for his journey; and in thecolony. shall not sell or swap the same in the colony; or to any person or persons, who shall be actually moving their families and effects into this colony, to reside therein.

This act not

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Forfeitures appropria

ted.

XI. And be it further enacted, That the several forfeitures, which shall or may arise by virtue of this act, in respect of the duty on horses, shall be divided into two equal parts; one moiety thereof shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will inform, and prosecute for the same: To be recovered, with costs, by action of debt, or information, in any court of record within this co

lony; wherein no essoin, protection, or wager of law, or more than one imparlance, shall be allowed.

XII. And be it further enacted, That this act shall Continuance continue and be in force, from the time of the com- of the act. mencement thereof, 'til the end of the next session of

Assembly; and no longer.

CHAP. XIII.

An Act, to prevent Lawyers exacting or receiving exor

bitant fecs.

OR preventing lawyers taking unreasonable and

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under a pen

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exhorbitant fees, and for the more equal settle- Lawyers not ment of the same, Be it enacted, by the Lieutenant-Go- to demand vernor, Council, and Burgesses, of this present General greater fees Assembly, and it is hereby enacted, by the authority of are herein the same; That from and after the passing of this act, mentioned the lawyers in this colony, shall not exact, take, or receive, directly or indirectly, any greater or other fees or rewards, for the following services, than what are herein particularly mentioned and expressed: That is to say, lawyers practising in the General Court, may demand and receive, for an opinion, or advice, where no suit is brought, one pound, one shilling and six pence: In any suit at common law, other than the actions herein after mentioned, two pounds ten shillings: In all Chancery suits, or real, mixt, or personal actions, where the titles or bounds of land come in question, five pounds. And lawyers practising in the county courts, may demand and receive, for an opinion, or advice, where no suit is brought, ten shillings; In any suit at common law, other than the actions herein after mentioned, or by petition, fifteen shillings: In all Chancery suits, or real, mixt, or personal actions, where the titles or bounds of land come in question, one pound, ten shillings: On a petition for a small debt, seven shillings and six pence: To any lawyer attending a survey in the country, for every day he still attend, twenty shillings. And every lawyer exacting, taking, receiving, or demanding, any greater fee, or other reward, for any of the above services, shall forfeit and pay fifty pounds, for every offence; one half to our sovereign lord the king, his heirs and successors,

And to be

sworn.

Continuance of the act.

for and towards the better support of this government, and the contingent charges thereof; and the other half to the informer: To be recovered by action of debt, or information, in any court of record, in this colony. II. And be it further enacted, by the authority aforesaid, That no person or persons, after the fifteenth day of October next, shall practise as an attorney in the General court, or any inferior court, within this colony, until he shall first, before such court where he shall be admitted to practise, have taken the following oath: "You shall not, directly or indirectly ex"act, demand, or receive, any greater or larger "fee or reward, or other gratuity whatsoever, for "the services by you to be done, as an attorney of this "court, than you are permitted to take, by a certain "act of Assembly, intituled, an act, to prevent law"yers exacting or receiving exorbitant fees, during the continuance of the said act: So help you God.”. And if any attorney, after the said fifteenth day of October, shall prosecute or defend any action or suit whatsoever, in the General court, or any inferior court, within this colony, before he shall have taken the said oath, he shall forfeit and pay the sum of five hundred pounds current money; one moiety to his majesty, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; the other moiety to the informer: To be recovered, with costs, in any court of record, within this colony, by action of debt, or information.

III. And be it further enacted, That this act shall continue, and be in force, one year, from the passing thereof, and from thence to the end of the next session of Assembly; and no longer.

CHAP. XIV.

An Act for raising a Public Levy.

Four ponnds. cil, and Burgesses, of this present General As

E it enacted, by the Lieutenant Governor, Coun

and a half of tobacco to be

paid by eve- sembly, and it is hereby enacted, by the authority of the ry tithable, same, That four pounds and a half of tobacco, be paid being the by every tithable person, within this dominion, for the public levy, defraying and paiment of the public charge of the coun

to the 6th of

try; being the public levy, from the two and twentieth from the 220 day of May, one thousand seven hundred and forty, to the of May, 1740, sixth day of May, one thousand seven hundred and for- May, 1742. ty two: And that it be paid by the collectors of the several counties, to the several persons and counties, respectively: to whom it is proportioned by this Generral Assembly. And if it shall happen, that there shall be more tithables in any county, than the present levy is laid on, then such county shall have credit for so much, to the use of the county: And if fewer tithables, in any county, then such county shall bear the luss.

II. Provided always, That where any allowance is Provise. made in the book of proportions, to any county to be paid in the same county no more per poll shall be collected from the tithables of such county, than will discharge the ballance, after such allowance shall be deducted: And that every county court shall regulate the levy accordingly.

Sheriff to

III. And be it further enacted, by the authority aforesaid, That the sherif of every county, shall, at the give bond for time of giving bond for the due collection and paiment the collecof the next county levy; also give bond and security tion. for the due collection and paiment of the public levy, now laid and assessed.

'CHAP. XV.

An Act, for the relief of those persons, who were sufferers in the loss of the records of the county of Nansemond, whose cases have not already been provided for.

L

Further re

Nansemond.

WHEREAS, it was enacted, by one clause of. the act. made in the twelfth year of his ma- lief to sufferjesty's reign, for the relief of certain persons, who were ers by loss sufferers in the loss of the records of the county of of records in Nansemond; that to the end, other persons, who had not been able to produce witnesses, before the commissioners appointed, by a commission issued under the great seal of the colony; pursuant to the act of Assembly, made in the eighth year of his majesty's reign, intituled, an act for the relief of such persons as have

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