A. D. 1723. information, wherein no essoign, protection or wager of law shall be allowed or admitted of, and without any power from any person whatsoever, unless it be an order of the General Assembly, to enter a noli prosequi, release, or discontinue the said suit.

and this Act

given in

XXIX. And be it further enacted by the authority aforesaid, That all General issue and every officer, collector, inquisitor, assessor, marshal or constable, or any may be pleaded other person, who shall be sued by reason of any matter or thing done in the execution of this Act, shall have leave to plead the general issue and give this Act and the special matter in evidence; and if the party suing shall suffer a nonsuit, or a verdict pass against him, the Justices before whom such cause shall be prosecuted shall award treble costs to the defendant, to be taxed by the said Justices.

evidence.

JA. MOORE, Speaker.

Charlestown, Council Chamber, February 15, 1723.

Expired.

Assented to by FR. NICHOLSON, Governour.

No. 480. AN ACT for keeping and maintaining a Wach and good Orders in Charlestown.

(Passed February 15, 1723. See last volume.)

No. 481. AN ACT FOR SETTLING A FAIR AND MARKETS IN THE TOWN OF DORCHESTER, IN BERKLEY COUNTY, BEING A FRONTIER IN THAT part of THE COUNTRY.

Preamble.

Public markets

to be kept two

days in the

week at Dor

chester.

WHEREAS, the inhabitants of the Parish of St. George, in Berkley county, by their petition to the General Assembly of this Province, have set forth, that they are very much incommoded, as well for want of certain market days in each week, to be appointed for the town of Dorchester, in the said parish, as for want of publick Fairs to be held and kept there, at least twice in every year, for exposing to sale horses, cattle and merchandize, and by their said petition have prayed leave for bringing in a bill for settling Fairs and Markets in Dorchester town; for remedy whereof, and for the better encouraging the settling of the town of Dorchester, and that trade and commerce may be encouraged and encreased, we most humbly pray your most sacred Majesty, that it may be enacted,

I. And be it therefore enacted by his Excellency Francis Nicholson, Esq. Governour, and the Council and Representatives convened in General Assembly at Charlestown, That there shall be held and kept in the town of Dorchester aforesaid, upon every Tuesday and Saturday in the week, publick and open Markets, to which markets it shall and may be lawful to and for all and every the inhabitants and sojourners of this Province to go, frequent and resort, and thither to carry all sorts of cattle, grain, victuals, provisions and other necessaries, together with all sorts of merchandize

whatsoever, and at the publick market place already assigned and appoint- A.D. 1723. ed for that purpose, them to expose to sale or barter, in gross or by retail, between sun-rising and sun-setting of the same days, without payment of any toll for three years, or any other let, hindrance or molestation whatso

ever.

ter town.

II. And be it further enacted by the authority aforesaid, That there shall be likewise held and kept in the town of Dorchester aforesaid, two Two Fairs to Fairs in each year, the first Fair annually to begin and commence the be kept annusecond Tuesday in April, in every year, and to end upon the Friday then ally in Dorchesnext following, being in all four days inclusive, and no longer, and the second Fair to begin and commence the first Tuesday of October, in every year, and to end upon the Friday then next following, being in all four days inclusive, and no longer; to which Fairs it shall and may be lawful for all person, inhabitants, strangers or sojourners of this Province, to the said Fairs to go, frequent and resort, and thither to carry or cause to be carried all sorts of cattle, horses, mares, colts, grain, victuals, provision and other necessaries, together with all sorts of merchandizes, of what nature soever, and them to expose to sale or barter, in gross or by retail, at the time, hours and seasons that the director or rulers of the said Fairs for the time shall proclaim and appoint; which Fairs shall be holden, together with a Court of Pipowders, and with all liberties and free customs to such Fairs appertaining, or which ought or may appertain, according to the usage and customs of Fairs holden in that part of his Majesty's realm of Great Britain, called South Britain or England.

hold a Court of

III. And for the more regular government of the said several Fairs, his Excellency the Governour or Commander in chief of this Province for The director or the time being, is humbly desired and impowered to commissionate and rulers of the appoint such person or persons as he shall think fit to be director or rulers said Fairs to of the said Fairs, as also a Clerk of the Market; which director or rulers Pipowder. so appointed and commissionated as aforesaid, is hereby authorized and impowered to have and hold a Court of Pipowder, together with all liberty and free custom to such appertaining; and that they and every of them may have and hold there, at their and every of their respective courts, from day to day and hour to hour, from time to time, upon all occasions, plaints and pleas of a Court of Pipowders, together with all summons, attachments, arrests, issues, fines, redemptions and commodities, and other rights whatsoever to the same Court of Pipowders appertaining, without any impediment, let or hindrance whatsoever. Provided always, that the director or rulers of the Fairs aforesaid, shall publish or cause to be published within and without the Liberties of the said Fairs, at the beginning of the Fair, how long that Fair shall endure, to the intent merchants and others shall not be at the said Fairs over the time so published, upon pain of being fined for the same.

to observe.

IV. And for preventing of any abuse in the aforesaid fairs, Be it further enacted by the authority aforesaid, That the director or rulers of What they are the said Fairs shall yearly appoint and limit out a certain and special open place within Dorchester town aforesaid, where the said Fairs shall be held and kept, where horses, mares, colts, geldings and cattle may be sold, in which said certain and open place there shall be, by the director or rulers aforesaid, put in and appointed one sufficient person or more, to take toll, and keep the same place from nine of the clock in the morning until sun-set of every day of the aforesaid Fairs, upon pain to lose and forfeit upon every default the sum of ten pounds current money; and that every toll-gatherer, his deputy or deputies, shall during the time of every of the said Fairs, take the sum of two shillings and six pence, as due and lawful

A. D. 1723. toll for every horse, mare, gelding or colt, or other cattle, and ten shillings for every slave sold within the said Fair, between the hours of nine o'clock Toll-gatherer's in the morning and sun-set of the same day, and shall have present before fees and duties. him or them, at the taking of the same toll, the parties to the bargain,

be arrested

exchange, gift, contract or putting away every such horse, mare, gelding, colt or slave, and also the same horse, mare, gelding, colt or slave so sold, exchanged or put away, and shall then write, or cause to be written in a book to be kept for that purpose, the names, sirnames and dwelling-places of all the said parties, and the colour, with one special mark at least, of every such horse, mare, gelding, colt or other cattle, and the name or some noted description of the slave, on pain to forfeit at and for every default, contrary to the intent hereof, the sum of fifty pounds; and the said Tollgatherer or keeper of the said book, shall within two days next after such Fair, bring and deliver his said book to the director or rulers of the said Fair, who shall then cause a note to be made of the true numbers of all horses, mares, geldings, colts, other cattle and slaves sold at the said Fair, and shall there subscribe his name, upon pain to him that shall make default therein, to lose and forfeit for every default the sum of fifty pounds, and also to answer to the party grieved by reason of the same his negligence, in every behalf.

V. And be it further enacted by the authority aforesaid, That no person No person to during the time of holding and keeping the said Fairs shall be liable to be taken at the said Fairs by virtue of any process, except for treason, felony or other capital crime or breach of the peace, but shall be freed and discharged of the same, if taken and arrested at the said Fairs, by the justices or judges of such courts out of which the process issued.

during the time of the Fairs.

Fines not ex

VI. And be it further enacted by the authority aforesaid, That all the fines and forfeitures accruing or arising by virtue of this Act, not exceedceeding £10, ing ten pounds, shall be recovered by warrant under the hand and seal of any one Justice of the Peace of the said County, and be disposed of, the one half to the poor of the said parish, and the other half to him or them that will prosecute for the same.

how to be recovered.

Above £10.

VII. And be it further enacted by the authority aforesaid, That all the fines and forfeitures accruing or arising by virtue of this Act, exceeding the sum of ten pounds, shall be disposed of in manner aforesaid, and be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record in this Province, wherein no protection, priviledge or essoign shall be allowed.

VIII. And be it further enacted by the authority aforesaid, That this Act When this Act nor any matter or thing therein contained, shall take place or be in force is to be of force. until the twentieth day of October next, being the anniversary day of his Majesty's coronation.

JA. MOORE, Speaker.

Charlestown, Council Chamber, February 15, 1723.

Assented to by FR. NICHOLSON, Governour.

A. D. 1723.

AN ACT FOR SETTLING A FAIR AND MARKETS IN ASHLEY RIVER FERRY No. 482.
TOWN, IN BERKLEY COUNTY, FOR THE BETTER IMPROVEMENT OF THE
SAID FERRY, IT BEING A PRINCIPAL FERRY LEADING TO CHArlestown.

WHEREAS, the inhabitants of the Parish of St. Andrew's, in Berkley County, by their petition to the General Assembly of this Province, have set forth, that they are very much incommoded as well for want of certain market days in each week to be appointed for Ashley river Ferry Town, in the said parish, as for want of publick Fairs to be held and kept there, Preamble. at least twice in every year, for exposing to sale horses, cattle and merchandize, and by their said petition have prayed leave for bringing in a bill for settling Fairs and Markets in Ashley River Ferry Town; for remedy whereof, and for the better encouraging the settling of Ashley River Ferry Town, and that trade and commerce may be encouraged and encreased, we most humbly pray your most sacred Majesty that it may be enacted,

a week.

I. And be it therefore enacted by his Excellency Francis Nicholson, Esq. Governour, and the Council and Representatives convened in General Assembly at Charlestown, That there shall be held and kept in Ashley River Ferry Town aforesaid, upon every Wednesday and Saturday in the Public Markets week, publick and open Market, to which market it shall and may be law- to be kept twice ful to and for all and every the inhabitants and sojourners of this Province to go, frequent and resort, and thither to carry all sorts of cattle, grain, victuals, provision and all other necessaries, together with all sorts of merchandize whatsoever, and at the publick market place hereafter to be assigned and appointed for that purpose by the inhabitants of the said town, them to expose to sale or barter, in gross or by retail, between sunrising and sun-setting of the same days, without payment of any toll for three years, or any other let, hindrance or molestation whatsoever.

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the major part of the inhabitants and residents of A market place Ashley River Ferry Town aforesaid, to purchase and appoint a publick to be appointed. market place in the said town, where they shall see most convenient for that purpose, and the place which they shall purchase and appoint for a publick market place as aforesaid, is hereby declared to be the publick market place for the said town.

III. And be it further enacted by the authority aforesaid, That there shall be likewise held and kept in said Ashley River Ferry Town afore- Two Fairs to be kept annualsaid, two Fairs in each year, the first Fair annually to begin and com- ly in Ashley mence the first Tuesday in May, in every year, and to end upon the Friday River Ferry then next following, being in all four days inclusive, and no longer; and Town. the second Fair to begin and commence the last Tuesday in September, in every year, and to end upon the Friday then next following, being in all four days inclusive, and no longer: to which Fairs it shall and may be lawful for all and every person and persons, inhabitants, strangers or sojourners of this Province, to the said Fairs to go, frequent and resort, and thither to carry or cause to be carried, all sorts of cattle, horses, mares, colts, grain, victuals, provisions and other necessaries, together with all sorts of merchandizes of what nature soever, and them to expose to sale or barter, in gross or by retail, at the times, hours and seasons that the director or rulers of the said Fairs for the time shall proclaim and appoint; which Fairs shall be holden, together with a Court of Pipowders, VOL. III.-28.

A. D. 1723. and with all liberties and free customs to such Fairs appertaining, or which ought or may appertain, according to the usage and customs of Fairs holden in that part of his Majesty's realm of Great Britain called South Britain or England.

Director or

Fairs to hold a Court of

Pipowder.

to observe.

IV. And for the more regular government of the said several Fairs, his Excellency the Governour or Commander in chief of this Province for the time being, is humbly desired and impowered to commissionate and appoint such person or persons as he shall think fit, to be director or rulers of the said Fairs, as also a Clerk of the Market; which director or rulers so appointed and commissionated as aforesaid, is hereby authorized and impowered to have and hold a Court of Pipowder, together with all liberty and free custom to such appertaining, and that they and every of them may have and hold there, at their and every of their respective courts, from day to day and hour to hour, from time to time, úpon all occasions, plaints and pleas of a Court of Pipowders, together with all summons, attachments, arrests, issues, fines, redemptions and commodities, and other rights whatsoever to the same Courts of Pipowders appertaining, without any impediment, let or hindrance whatsoever.— Provided always, that the director or rulers of the Fairs aforesaid, shall publish or cause to be published within and without the liberties of the said Fairs, at the beginning of the Fair, how long that Fair shall endure, to the intent merchants and others shall not be at the said Fairs over the time so published, upon pain of being fined for the same.

V. And for preventing of any abuse in the aforesaid Fairs, Be it further enacted by the authority aforesaid, That the director or rulers of What they are the said Fairs, shall purchase, appoint and limit out a certain and special open place, in or about the said Ferry Town aforesaid, where the said Fairs shall be held and kept, where horses, mares, colts, geldings and cattle may be sold, in which said certain and open place there shall be by the director or rulers aforesaid, put in and appointed one sufficient person or more, to take toll, and keep the same place from nine of the clock in the morning until sun-set of every day of the aforesaid Fairs, upon pain to lose and forfeit upon every default the sum of ten pounds current money; and Toll-gatherer's that every toll-gatherer, his deputy or deputies, shall, during the time of fees and duties. every of the said Fairs, take the sum of two shillings and six pence, as due and lawful toll for every horse, mare, gelding or colt, or other cattle, and ten shillings for every slave sold within the said Fair, between the hour of nine o'clock in the morning and sun-set of the same day, and shall have present before him or them, at the taking of the same toll, the parties to the bargain, exchange, gift, contract or putting away every such horse, mare, gelding, colt or slave, and also the same horse, mare, gelding, colt or slave so sold, exchanged or put away, and shall then write or cause to be written in a book to be kept for that purpose, the names, sirnames and dwelling places of all the said parties, and the colour, with one special mark at least, of every such horse, mare, gelding, colt or other cattle, and the name or some noted description of the slave, on pain to forfeit at and for every default, contrary to the intent hereof, the sum of fifty pounds; and the said Toll-gatherer or keeper of the said book, shall within two days next after such Fair, bring and deliver his said book to the director or rulers of the said Fair, who shall then cause a note to be made of the true number of all horses, mares, geldings, colts, or other cattle or slaves sold at the said Fair, and shall there subscribe his name, upon pain to him that shall make default therein, to lose and forfeit for every default the sum of fifty pounds, and also to answer to the party grieved by reason of the same his negligence in every behalf.