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shall forfeit and pay the sum of five pounds, to be levi

Generalmusters, when.

Punishment for disobedi€IłCe.

Sheriff of York and James City, or sergeant of Williamsburg, to collect fines.

ed and assessed on him in the same manner as the se-
veral fines and forfeitures, inflicted by the said act, are
directed to be levied and assessed: And such exempts
shall also, in case of any invasion or insurrection, ap-
pear with their arms and ammunition, at such place as
shall be appointed by the commanding officer of the mi-
litia of their respective counties, cities, or boroughs, and
shall then be incorporated with, and be subject to the
same discipline, rules and orders, and also the same
fines, forfeitures and penalties, for non-appearing or
misbehaviour, as the other militia of this colony are
Subject to.
VIII. And be it further enacted by the authority afore-
said, That from and after the passing of this act the
lieutenant or chief commanding officer of the militia of
the several counties of this colony, and also of the city
of Williamsburg and borough of Norfolk, shall cause a
general muster of the several companies of their militia
once only in every year, to be in the months of March
or April; and that a general court-martial shall be held
in the manner by the said act prescribed on the day
next following the said general muster if fair (if not the
next fair day) and if any soldier shall, at any general
or private muster, refuse to perform the command of
his officer, or behave himself refractorily or mutinous-
ly, or misbehave himself at such court-martial, he shalf
forfeit and pay the sum of forty shillings current mo-
mey, to be applied to the same uses as the other fines
and forfeitures inflicted by the said act; or it shall and
may be lawful to and for the chief commanding officer,
then present, to cause such offender to be tied neck and
heels for any time not exceeding five minutes, and shall
not inflict any other corporal punishment.
IX. And, whereas it hath been doubted whether the
sheriffs of York and James City are by law obliged to
obey the orders of the court-martial of the said city of
Williamsburg, in receiving or collecting the fines to
which the inhabitants of the said city may be subject,
by virtue of the said act; be it therefore enacted by the
authority aforesaid, That from and after the passing of
this act, it shall and may be lawful to and for the court-
martial, to be held in pursuance of the said act, to order
and direct either the sergeant of the said city, or the
sheriffs of the said counties of York and James City to
receive and collect all such fines as shall be inflicted and

ordered to be levied by them on such of the inhabitants of the said city as shall reside in their respective precincts, and thereupon the said sergeant or sheriff, respectively, shall proceed in the same manner to collect such fines, and shall be accountable for them to the court-martial of the said city, and shall be subject and liable to the same prosecution in case of their failing, neglecting or refusing, to collect the said fines, as are prescribed, directed and appointed in the like cases, for the counties in this colony,

X. And be it further enacted by the authority afore- continuance said, That this act, together with the said recited act.” aCt. (except so much thereofas comes within the purview. of this act) shall continue and be in force from and after the passing of this act for and during the term of four years, and from thence to the end of the next session of assembly.

CHAP. XXXII.

An act for the preservation of the breed of cattle.

i. WHEREAS it is represented to this general as- Regulations sembly, that the inhabitants of this colony have sustain- owing ed great damage in the loss of their stocks of cattle, by through this reason of distempered cattle being brought into and colony. carried through this colony from the provinces of North and South Carolina: For prevention 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 from and after the last day of April next, and during the continuance of this act, every person intending to drive any cattle within this colony (except such as shall be brought from Great-Britiaa) shall immediately upon his arrival .." within this colony apply to a justice of the peace, and oath of ari. deliver to him an account of the number of cattle in his ver. drove, and such justice shall and may, and is hereby required to administer to the person, so applying, the following oath, to wit, I A. B. do solemnly swear, that I have known all the cattle now by me brought into the

colony of Virginia, for the space of twenty days ias’ past, and that none of them, to my knowledge or belief. o are now, or have been affected with any contagious disViewers ap-temper within that time. So help me God. And therepointed. upon such justice shall immediately issue his warrant, directed to any two freeholders within his county, who (being first sworn diligently to enquire into the condition and health of the said cattle) shall view the same, and make due report thereof to the said justice as soon as may be; and if such viewers shall report that the same are, to their belief, free from every contagious distemper, such justice shall thereupon immediately give the Riit of health driver of such cattle a certificate or bill of health for the same, expressing therein the number of cattle, together with a description of the drivers attending them; and if any justice shall grant a certificate or bill of health contrary to the directions of this act, such justice shall forfeit and pay the sum of ten pounds, to be recovered by an action of debt in any court of record within this colony, by and to the use of any person who will sue for the same. . Penalty on II. And, for prevention of all unnecessary delays is, J. ... obtaining proper certificates or bills of health as aforeviewer, for to o o o neglect. said, be it enacted by the authority aforesaid, That every viewer, to whom any justice shall direct his warrant for the purposes aforementioned, shall immediately obey the same in manner as is before directed; and every such viewer or justice failing to comply with his or their respective duties by this act required, shall forfeit and pay to the driver, for the use of the proprietor of the said cattle, the sum of twenty shillings each, to be recovered and levied in the same manner as debts under twenty-five shillings are by law now recovered and levied, and shall moreover be liable to the action of the party aggrieved for any loss which may be sustained by reason of such neglect or failure in their respective duties as aforesaid. P:Cviso. III. Provided always, where any such viewer sha}} be rendered incapable by any legal disability, such justice on notice shall immediately direct the said warrant to other freeholders, who shall obey the same in manner and under the like penalties as are herein before men: tioned. And every such justice or viewer, for the several duties aforesaid, shall be entitled to receive the sum of five shillings each, to be paid to them respectively by

the driver before he shall obtain such certificate or bill

of health as aforesaid.
IV. And, for the more effectual prevention of distem-

pered cattle being drove through this colony, be it enact

Penalty for efusing to roduce bills

2d by the authority aforesaid, That from and after the of health.

said last day of April next, and during the continuance
of this act, it shall not be lawful for any person to bring
any cattle into this colony from any place whatsoever,
(except from Great-Britain) without having obtained a
certificate or bill of health, according to the directions
of this act; and that every driver passing through this
colony shall be obliged to produce a certificate or bii!
of health to any freeholder demanding to see the same;
and if such driver shall refuse to produce the same, when
demanded, it shall be presumed that the said cattle are
illegally brought into this colony, and on information
made upon oath by any freeholder of the said county,
that such drivers have refused to produce such certifi-
cate or bill of health, it shall and may be lawful for
any two justices of the peace (whereof one to be of the
quorum) for the county through which such cattle are
passing, and they are hereby required to issue their
warrant, directed to the sherifi, under-sheriff or consta-
ble of the said county, to apprehend and bring the dri-
vers of such cattle before them, to answer the said com-
plaint; and if such driver shall not then produce a cer-
tificate or bill of health as aforesaid, such drivers shall
forfeit and pay the sum of five shillings for each head
of cattle by them driven as aforesaid; the one half to be
paid to the informer, and the other half to be applied
towards lessening the county levy; and on failure to pay
the same down, or to give good security to pay the
same within three months, it shall and may be lawful
for such justices, and they are hereby required to commit
such drivers to the publick gaoi of their county, there
to remain th the said forfeiture is paid,
V. Provided nevertheless, That it shad be iawful for
such drivers to appeal from such judgment of such two
justices to the next court, to be held for the said county,
upon giving bond with good security in double the sum
so recovered against them before such two justices, to
prosecute such appeal with effect, and to pay and satis-
ty all costs and charges, together with the sum so reco-
vered against them, in case such judgment of the two
justices shall not be reversed by the said county court,
or by the general court in such cases where the sum so

Appeal stowed.

Bills of health after decision of justices.

Proceedings on appearance of infection, after obtaining hill of health.

recovered shall amount to more than ten pounds cur-
rent money. -
VI. Be it further enacted, That after such justices
shall have proceeded to judgment in manner aforesaid,
that such drivers may then apply to such justices, or
either of them, in manner as is before directed, to ob-
tain a certificate or bill of health for such cattle; and if
upon the report of the viewers appointed for that pur-
pose, it shall appear that such cattle are free from all
infectious disorders, such justices shall and may, and
they are hereby required to grant a certificate or bill
of health in the same manner, and under the same re-
gulations, as if such drivers had applied for the same
at their first entrance into this colony. -
VII. And, whereas it may happen, that cattle which
were to all appearance free from any infectious distem-
per at the time of their entering into this colony, may,
notwithstanding, be infected, and the symptoms of such
distemper may break out, and be discovered after the
drivers have obtained a certificate or bill of health,
which would be extremely injurious to the inhabitants
of this colony, and to those of the northern provinces;
be it enacted by the authority aforesaid, That when in-
formation shall be made upon oath by a freeholder of
any county through which such cattle shall be passing,
that he hath just cause to suspect that some of the said
cattle are infected with a contagious distemper, it shall
be lawful for any two justices of the said county (where-
of one shall be of the quorum) to issue their warrant for
apprehending the drivers of such cattle, to answer the
said complaint, and proceed to appoint viewers in man-
ner as is before directed for viewing such cattle, and if
Tupon such view it shall appear to the said justices that
such complaint is frivolous, and without foundation, the
informers shall forfeit and pay to the drivers of such
cattle for the use of the proprietors of the same, the sum
of twenty-five shillings current money, together with
the costs attending such view, to be recovered and le-
vied in the same manner, as debts under twenty-five
shillings by law are now recovered and levied. But if
upon such view, it shall appear that the said cattle are
infected with any contagious distemper, then it shall and
may be lawful for such justices to order the said drivers
immediately, to kill all the cattle in such drove, to spoil
their skins and bury their carcasses, at least four feet
deep, and shall adjudge such drivers to pay to the in-
o

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