twenty four hours keeping him or her in goal, six pence, or five pounds of tobacco, and no more: And if he, or any sheriff, or goaler, shall demand and take any other or greater fee, than is, or shall be by law allowed for runaways, he or they so offending shall, for every such offence, forfeit and pay twenty shillings to the party grieved, and shall also refund and pay back all money or tobacco received over and above the legal fees, recoverable with costs before any justice of peace, of the county where such offence shall be committed.

XXII. And that every runaway servant, upon whose Runawayseraccount any reward shall be paid for taking up, shall vants to reserve his or her master, or owner, after all other time pay all charges, & loss of service due shall be expired, one month and a half of time. for every hundred pounds of tobacco so paid, or to be paid, and for all necessary disbursements and charges expended in pursuit and recovery of such runaway, and moreover shall serve double the time of his or her absence, to be adjudged and allowed by the court of the county where the owner resides, or where the runaway is kept, at the next court held after his or her recovery, he or she being also brought before them; but if the owner neglects so to do, the court may allow, or reject such claim, as to them appears just, without any appeal. Provided always, That if any servant, at the time of such judgment, shall repay, or give good security before the court, for repayment of all charges and disbursements, within six months after, the master or owner shall accept thereof, in lieu of service.

XXIII. And whereas many abuses have been com- Remedy amitted by persons, who, under pretence of understan-gainst servantsimportding trades and mysteries, have procured large sums of ed as tradesmoney to be advanced to them, and entred into conve- men, or menants with merchants and others, in Great Bri- chanics, uptain or elsewhere, for the payment of yearly wages, found igno on wages, & tho' they were really ignorant of, and unable to per rant. form such trades or mysteries: Be it therefore further enacted, by the authority aforesaid, That all and every person or persons already imported, or who shall he imported into this colony, as a tradesman or workman on wages, and shall be found not to understand such trade or employment, may be brought, by his or her master or owner, before any county court of this

colony, who are hereby impowered and directed, upon complaint of such deceit to them made, to enquire into the same, and upon finding any such fraud, may order and direct such satisfaction to be made to the master, or owner of such servant, either by defalcation of the wages, or part thereof, or by such further time of service for the money advanced, as to them shall seem Or, where just: And that if any such tradesman or workman; on they refuse wages, shall refuse or neglect to perform his duty, or to work, or absent himself from his master's service, without leave, the justices of the county court wherein such master resides, upon complaint and proof to them made, may order such satisfaction to be made to such master or owner, as to them shall seem just; and that for every days absence, such servant shall serve two days, without wages, after his time by indenture, or former order of court is expired.

absent themselves.

shall serve

time.

XXIV. And be it further enacted, by the authority aApprentices foresaid, That every person who at any time or times hereafter shall be bound by indenture, to serve as an out their full apprentice in any trade, art, mystery, or occupation, with the consent and approbation of any court of record within this colony, altho' such person be within the age of twenty one years at the time of making his indenture, shall be obliged to serve the full time in such indenture contained, as amply and largely to every intent, as if such apprentice were of full age at the time of making the same.

Stealing slaves felony, without clergy.

Repealing elause.

Commence

XXV. And be it further enacted, by the authority aforesaid, That if any person or persons shall steal any negroe, mulatto, or Indian slave, whatsoever, out of or from the possession of the owner or overseer of such slave, the person or persons so offending shall be, and are hereby declared to be felons, and shall suffer death, without benefit of clergy.

XXVI. 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.

XXVII. And be it further enacted, by the authority ment of this aforesaid, 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.

act.

THE

ROYAL ASSENT

ΤΟ

AN ACT OF ASSEMBLY,

PASSED UNDER THE COLONIAL GOVERNMENT.

{From a book in the office of the General Court, labelled Proclam. Book 1748, p. 2.]

WHEREAS by Commission under the Seal of Great Britain, the Governor, Council and Assembly, of his Majesty's province of Virginia, are authorized and impowered to make, constitute, and ordain Laws, Statutes, and Ordinances, for the Public Peace, Welfare, and good government of the said Province; which Laws Statutes and Ordinances are to be as near as Conveniently may be, agreeable to the Laws and Statutes of this Kingdom, and to be transmitted for his

Form of giv- Majesty's royal approbation or disallowance.

assent to an

AND

ing the royal WHEREAS in pursuance of the said powers an Act was act of Assem- passed in the said province in 1744, which hath been transmitted in the words following, viz.

bly.

An Act for the relief of certain Creditors.

WHEREAS great difficulties have arisen in recovery of debts due to the inhabitants of this colony, from persons residing in other parts of his majesty's dominions, or who have removed themselves into foreign parts, having effects here sufficient for the satisfying and paying such debts, for remedy whereof, 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, that if in any suit which hath been or hereafter shall be commenced for Relief in Equity in the General Court of this Colony any Defendant or Defendants against whom any subpoena or other Process shall issue shall not cause his or her appearance to be entered upon such Process within such time and in such manner as according to the Rules of the Court the same ought to have been entered in case such Process had been duly served and an affidavit or affidavits shall be made to the satisfaction of such Court that such defendant or defendants is or are beyond the seas or that upon enquiry at his, her or their usual place of abode he, she or they could not be found so as to be served with such process then and in such cases the Court may not only make an order or orders to restrain and enjoyn any person or persons in this colony having any effects belonging to the defendant or defendants in their hands or in any other manner Debtors to the Defendant or Defendants from paying, conveying away or secreting such Debts or effects until the further order or decree of the said Court But also may (if to the same Court it may seem necessary) order such Effects to be delivered to the Plaintif or Plaintifs subject to the future order and Decree of the said Court, upon such plaintif or plaintifs giving such security as to the said Court shall seem proper for the return of the said effects in such manner and to such Persons as the said Court shall adjudge and the said Court also shall and may, make an order directing and appointing such Defendant or Defendants to appear at a certain day therein

act of As

to be named of the next succeeding Court and a copy Form of givof such order shall within fifteen days after such or- ing the royal der made be inserted in the Virginia Gazette for two assent to an months successively and published on some Lords day sembly. immediately after divine service in such Parish Church or Churches as the said Court shall appoint and direct and also in every case a copy of such order shall within the time aforesaid be posted up at the front door of the Capitol in the City of Williamsburg and if the Defendant or Defendants do not appear within the time limited by such order or within such further time as the Court shall appoint then on proof made of such publication of such order as aforesaid the Court being satisfied of the truth thereof may order the Facts of the Plaintifs Bill to be taken pro confesso. But if the matter or cause of such suit or suits be for the adjustment and settlement of any account or accounts and for satisfaction of what Ballances may appear duc thereon, then and in such cases the Court may either by assigning and appointment of Auditors or in any other manner proceed to the stating and settlement of such account or accounts and make such order and decree thereupon as shall be thought just and may thereupon issue Process to compell the performatice of such decree either by imediate Sequestration of the Real and Personal Estate and Effects of the Defendant or Defendants if any such can be found or such part thereof as may be sufficient to satisfie the demand of the plaintif or plaintifs in the said suit or by causing possession of the Estate or effects demanded by the Bill to be delivered to the plaintif or plaintifs or by continuing the Effects if any so ordered to be delivered on the return of the Subpoena as aforesaid or such part thereof as may be sufficient to satisfie the Plaintif or Plaintifs Demand and Costs of Suit in the hands of the Plaintif or Plaintifs or give such further relief or remedy as the nature of the case shall require and the said Court may likewise order such Plaintif or Plaintifs to be paid and satisfied his her or their Demands out of the Estate or Effects so Sequestred according to the true intent and meaning of such decree such Plaintif or Plaintifs first giving sufficient security in such sum as the Court shall think proper to abide such order touching the restitution of such Estate Y 3-Vol. 5.