former the sum of twenty-five shillings current money, notwithstanding such drivers should have before obtained a certificate or bill of health for such cattle, and shall detain one of the said drivers in custody till such order is complied with, and such justices shall and may, and they are hereby required to issue their warrant to any two or more freeholders of their said county, to see such order carried into execution; and if such driver shall not proceed to obey the said orders within six hours, or if such drivers shall attempt to drive off the said cattle; then it shall be lawful for the said freeholders so appointed as aforesaid, to kill such cattle, spoil their skins, and bury their carcasses in manner as is before direeted; and they shall receive the sum of three shillings for each head of cattle so by them killed and buried as aforesaid; to be recovered and levied of such drivers in the same manner, that debts under twenty-five shillings are by law now recovered and levied; and in case such drivers shall escape from justice, so that the same cannot be levied upon them, then it shall and may be lawful for such justices, and they are hereby required to grant to such freeholders, a certificate of the services performed by such freeholders; and the justices of the said county, at the laying their next county levy, shail levy upon the tithable inhabitants of their said county, the sum of three shillings, or eighteen pounds of tobacco, for each head of cattle so killed and buried as aforesaid, which shall be paid to the said freeholders who have performed the service aforesaid. Infectious to go at large. VIII. And, the more effectually to stop the progress of so contagious and fatal a distemper, be it further beasts not enacted by the authority aforesaid, That no inhabitant of this colony shall permit any infectious beast to go at large, but shall confine the same apart from the rest of his cattle, till the same shall be perfectly recovered. And if any such or other distempered beast shall die, the owner or overseer shall burn and bury the carcass in manner afore-directed; and every owner or overseer permitting any such distempered cattle to go at large after he shall know the same to be infected, shall forfeit and pay the sum of six pounds for every such beast so permitted to run at large; to be recovered by action of debt in any court of record within this colony, by and to the use of any person that will sue for the same; and every owner or overseer neglecting to burn and bury the carcass as afore-directed, shall forfeit and pay the G 2 VOL. 8. Penalty. Overseers, sum of twenty shillings for every carcass; to be recovered, levied and applied in the manner as other small penalties inflicted by this act. IX. Provided always, That where the management when liable. of any plantation shall be intrusted to the care of an overseer, he alone shall be liable for the penalties incurred by the mismanagement of distempered cattle under his care. Certain X. Provided, That nothing herein shall be construed counties ex- to extend to either of the counties of Southampton, Isle cepted from of Wight, Nansemond or Norfolk. the operation of this act. XI. And be it further enacted, That any justice of peace, viewer or any other person, who shall be sued for any thing by him or them done in pursuance of this sue, may be act, may plead the general issue, and at the trial give pleaded. this act in evidence. General is XII. And, to the end that no person may plead igCopy of act norance of this act, be it enacted by the authority aforeto be pubsaid, That a copy of this act shall be published in the Virginia Ga- Virginia Gazette on or before the twentieth day of April next. lished in zette. Titles of or purchase from aliens confirmed. CHAP. XXXIII. An act to confirm the titles to lands claimed by descent or purchase from aliens. WHEREAS many protestants have formerly reJands, held moved into this colony from Germany and other parts by descent of Europe, and become useful subjects to his majesty; but being ignorant of the modes established for their naturalization, have, without procuring the same, purchased lands, some part of which they have sold or conveyed to their children or other relations, in their lifetime, and died seized of other part to which their heirs have succeeded: For quieting the titles of such purchasers and heirs, 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 all and every person and persons now sei zed or possessed of any lands, the title to which is derived to them by descent or purchase from such alien, shall hold and enjoy the same in like manner, and for such estate and interest therein, as if such alien had been naturalized, at the time of such descent or purchase. Provided always, That the execution of this act shall be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained. CHAP. XXXIV. An act to amend an act, intituled, An act for preventing frauds in the customs, and in clearing of ships, for ascertaining collectors and navalofficers fees, and to prohibit and prevent the casting ballast or dead bodies into rivers or creeks. Collectors officers to 1. WHEREAS by one act of assembly made in the twenty-second year of the reign of his late majesty king and navalGeorge the second, intituled, An act for preventing give receipts frauds in the customs, and clearing of ships, for ascer- for their taining collectors and naval-officers fees, and to prohibit fees. and prevent the casting ballast or dead bodies into rivers or creeks, among other things, it is enacted, That the collectors and naval-officers should not receive any greater fees than are by the said act of assembly particularly allowed, under the penalty of one hundred pounds: And whereas it is almost impossible to detect officers who charge greater fees than by the said act of assembly are allowed, unless the officer or officers demanding and receiving the same, be obliged to give receipts for such fees, that it may appear what fees are charged; 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 every naval-officer, comptroller and collector, shall be obliged, on receiving any fee or fees, to give a receipt to the person paying the same, with a particular account of the services for which such fees are demanded, and specifying in such receipt whether the vessel so entered and cleared be a free bottom of this colony or not, under the penalty of ten pounds for every refusal, to be recovered by action of debt, by any person who shall inform against him or them in any court of record within this colony. II. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be first had and obtained. Road to be the north branch of Potowmac CHAP. XXXV. An act for opening a road through the frontiers of this colony to Fort Pitt on the Ohio. I. WHEREAS it is represented to this present geopened from neral assembly, that by opening a road from the frontiers of this colony to Fort Pitt on the Ohio, a very advantageous trade might be carried on with the Indians, to Fort Pitt. in alliance with the British crown on the western frontiers of this dominion, and the king's garrisons be better supplied with provisions; Be it therefore 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 Thomas Walker, Thomas Rutherford, James Wood, and Abraham Kite, gentlemen, or any two of them, are hereby appointed, authorized and impowered, to view, lay out, and direct, a road to be cleared from the north branch of Potowmack river to Fort Pitt on the Ohio, by or near the road called Braddock's road, in the most direct and cheapest manner the said commissioners shall think fit. II. And be it further enacted by the authority aforesaid, That the treasurer of this colony for the time being is hereby authorized and required to pay to the said commissioners a sum of money not exceeding two hundred pounds in the whole, in such proportions, and at such times, as the said commissioners shall require, to be applied by them towards clearing a road as aforesaid, and the said commissioners shall account for thre same to the next general assembly. CHAP. XXXVI. An act for erecting warehouses for the reception of Hemp. I. WHEREAS from the encouragement given by Warehouses an act of the parliament of Great-Britain to persons for the reception of who shall export to any of the ports thereof such hemp hemp to be and flax as by the said act is described, many persons erected. in this colony have been induced to cultivate those commodities, and the same are likely to become a very considerable branch of commerce: And whereas there are not proper and sufficient storehouses for the reception thereof, whereby the back inhabitants of this colony are put to great inconvenience when they bring their hemp and flax to market; Be it therefore 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 where any storehouse for the reception of hemp and flax shall be thought necessary and convenient, it shall and may be lawful for the justices of the court of that county wherein such place is, and they are hereby required, on application to them made, to cause the owner or proprietor of the same, and if such owner or proprietor be under age, feme covert, or out of the country, then the guardian, husband, or known attorney or agent (as the case may be) of such owner or proprietor, to be summoned to appear before them at the next succeeding court, there to declare whether they will undertake to erect and build good and sufficient houses for the storage thereof: And in case such owner, guardian, husband, attorney or agent, will undertake the same, then the said court shall, and they are hereby required to take bond with security in a reasonable penalty, payable to his majesty, his heirs and successors, with condition for the due performance of such undertaking: And if such owner, guardian, husband, or known attorney or agent, shall refuse DorM |