Washington, to be by them laid out in the purchase of a more convenient glebe for the use and benefit of the minister of the said parish of Washington for the time being, for ever. VII. Provided always, That the collectors of the parishes of Hanover and Washington respectively, shall have power to collect and distrain for any dues which shall remain unpaid by the inhabitants of the said parishes of Hanover and Washington at the time of the divisions taking place, and shall be answerable for the same in like manner as if this act had never been made. VIII. And be it farther enacted, That the vestry of Vestry of upper parish the upper parish, in the county of Nansemond, shall, in Nanseand they are hereby empowered and required to sell the mond to sell workhouse and lands thereto belonging in the town of the workSuffolk for the best price that can be had, and upon re- lands, in ceipt of the consideration money to convey the same to Suffolk. the purchaser or purchasers in fee simple; that the money arising from such sale shall be by the said vestry applied for and towards lessening their parish levy. poor house and Botetourt, to İx. And whereas for the want of a vestry in the pa- Commissionrish of Botetourt, in the county of Botetourt, the ers of tax in of the said parish are likely to suffer for want of proper provide for support and maintenance, Be it therefore enacted, That the poor. the commissioners of the tax in the county of Botetourt shall, and they are hereby empowered and required to make the like provision for the poor thereof, and levy the expense in the same manner as the vestries of the several parishes within this commonwealth can or may do; and the said commissioners are hereby authorised to settle and recover all debts due to the said parish of Botetourt, and liquidate all demands against the same. churchwar X. And be it farther enacted, That every sheriff, when Sheriffs required by the churchwardens of any parish within when requihis county, shall collect the parish levy becoming due red by within the same, for the performance of which he shall dens to colenter into bond with sufficient security in a sum equal lect and acto the whole collection, and payable to the churchwar- count for padens and their successours; and if such sheriff shall fail rish levies, in to account for and pay his said collection on or before the first day of August, reserving a commission of six county, per cent for his trouble in collecting, the same proceedings shall be had for the recovery thereof in the court of the county wherein the parish is situate, at the instance of the churchwardens for the time being, as is by law directed in the case of county levies. the same manner as CHAP. XIV. p. 83.] [Chan. Rev. An Act to amend an act intituled An Act for the better regulating and collecting certain officers fees, and other purposes. Preamble. revived. I. WHEREAS the act of assembly intituled "An act to open the courts of justice, and to revive and amend an act intituled An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," will, so far as the same relates to reviving and amending the said act, shortly expire, and it is necessary the same should be farther continued and amended: II. Be it therefore enacted, That the act intituled Fee bill act An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned" (except the fifteenth section thereof) shall continue and be in force, from and after the end of this present session of assembly, for one year, and from thence to the end of the next session of assembly. Tobacco chargeable in money when and how to be accounted for. & III. Provided always, and it is farther enacted, That fees, at what it shall be lawful for any person or persons chargeable rates dis- with any of the tobacco fees mentioned in the said act, to pay the same in money at the rate of thirty three shillings and four pence per hundred of gross tobacco, for services to be performed after the passing of this act; and the clerks of the respective county courts, of the Hustings court in the city of Williamsburg, and of the general court, shall annually on or before the first day of March, deliver or cause to be delivered to the sheriff of every county in this commonwealth respectively, and to the serjeant of the said city, their accounts of fees due from any person or persons residing therein, which shall be signed by the said clerks respectively; and the said sheriff and serjeant is hereby empowered and required to receive, levy, and account for the same acAllowances cordingly, on or before the first day of August, pursuant to the directions of the before recited act. to sheriffs, jurørs, and witnesses, in criminal cases, how paid in money. IV. And be it farther enacted, That the allowances to sheriffs, jurors, and witnesses, attending the trials of criminals, shall be settled and paid in money at the rate of forty one shillings and eight pence by the hundred. What law. shall be tax V. And whereas the lawyers fees allowed to be taxed in the bill of costs by an act intituled "An act for yer's fees allowing the full fees to which the lawyers practising ed in bills of in the several courts of this commonwealth" are enti- costs. tled in particular cases therein mentioned, to be taxed on recovery in the bills of costs, are found insufficient, and it is unreasonable that the party who prevails and recovers in any such action or suit should be subject to the payment of a greater fee to his lawyer than he can recover from the adverse party, Be it therefore enacted by the General Assembly, That from and after the passing of this act, the clerk of the high court in chancery shall, and he is hereby required to tax in the bill of costs on all decrees obtained in the said court a fee of ten pounds, and the clerk of the general court shall, and he is hereby required to tax in the bill of costs on all judgments obtained in the said court in any real, mixed, or personal action, where the title or bounds of land shall or may come in question, a fee of ten pounds, and the clerk of the said general court shall, and he is hereby required to tax in the bill of costs on all judgments obtained in the said court in any personal action (except as before excepted) or on any petition for lapsed land, a fee of five pounds, where the party obtaining such decree or judgment employed a lawyer, except against executors or administrators, or where the plaintiff may not recover more costs than damages; and the clerks of the respective county courts, or other inferiour courts of this commonwealth, shall, and they are hereby required to tax in the bill of costs in all decrees, and every judgment obtained on real or mixed actions, where the title or bounds of land shall and may come in question, either where the plaintiff may recover or be nonsuited, or where his suit shall be dismissed, four pounds; and in all other actions, except by petitions, forty shillings for an attorney's fee, if the party employed one, except against executors or administrators, or where the plaintiff may not recover more costs than damages; and in all suits by petition the clerk of the said county court, or other inferiour courts, shall tax in the bill of costs the sum of fifteen shillings as an attorney's fee, against the party who shall be cast, where an attorney shall be employed, except against executors or administrators. VI. And be it farther enacted, That so much of the within the purview of this act, shall be, and the same is hereby repealed. Preamble. Governor, &c by proclamation exportation CHAP. XV. An act to empower the Governour and Council to lay an Embargo for a limited time. WHEREAS divers persons for their own private lucre, transport out of this state into parts beyond the seas, wheat, Indian corn, and other provisions, when the same may be greatly wanted for the relief of the inhabitants of this state and support of our army and navy and those of our allies. And whereas no person or persons hath or have been hitherto invested by the legislature of this commonwealth, by whom alone it can be done, with power to may lay an lay an embargo on provisions, except wheat, Indian embargo, on corn, and other grain, when necessary and expedient of provisions for the good of the same, Be it therefore enacted by the General Assembly, That it shall and may be lawful for the governour, with the advice of the council of state, from time to time to issue his proclamation, thereby prohibiting the exportation of beef, pork, bacon, wheat, Indian corn, pease, or other grain or flour, and meal made of the same, any or either of them, or any other provisions, for and during such time as he, with the advice aforesaid, shall judge most fit and necessary; so as such prohibition shall not extend to any vessel laden or to be laden by proper officers with all or any of the enumerated provisions for the use of the armies or navies of the United States or their allies. Proviso. Vessels laden, in breach of embargo, forfeited, with their cargoes. And be it farther enacted, That all beef, pork, bacon, wheat, Indian corn, pease, or other grain, and all flour and meal, or other provisions, which at any time during the continuance of such embargo shall be laden or put on board any vessel for exportation, except as before excepted, shall, together with the vessel, tackle, furniture, and cargo, be forfeited, and may be seized by any magistrate, naval officer, officer commanding a fort, May be or officer commanding any armed vessel in the service of this state, who are hereby empowered and required searched & at any time during the continuance of the said embar- armed vesgo, to search any vessel on which it shall be suspected sels. any prohibited articles are laden for exportation; one half of which forfeiture shall be to the use of the commonwealth, and the other to any of the persons abovewho Penalties, mentioned who shall seize, or any other person priated. shall inform and prosecute for the same; and the for- how approfeitures shall and may be recovered by bill in the court of admiralty. of the state, by land. And be it farther enacted, That none of the prohibi- No prohibior provisions ted articles, or other provisions, during the continuance ted articles of such prohibition, shall be transported or exported to be transout of this state by land or in boats or vessels over any ported, out of the rivers in this state, except such as shall be transported for the use of the armies or navies of the United States or their allies, under penalty of the forfeiture of the carriage and team or boats or vessels employed in such transportation, together with the prohibited articles contained therein, unless the person or persons transporting or exporting the same produce a certificate from the commissary or quartermaster general of this district, or his or their agent or agents, that such prohibited articles are ordered on by them for the service of the navies or armies of the United States or their allies; and the same may be seized by warrant of any justice of the peace upon information to him made; the forfeitures to be appropriated as aforesaid, and recovered in any court of record within this commonwealth, by bill, plaint, or information. en And be it farther enacted, That during the continuance of such embargo every master of any ship or vessel shall, before he be allowed to clear out the same, ter into bond with one or more sufficient security or se curities in the penalty of five thousand pounds, payable to the governour for the time being for the use of the commonwealth, with condition that he will not carry out or cause to be carried out in his said ship or vessel any of the articles prohibited by the embargo, which said bond the naval officer of the district is hereby required and empowered to take; and also every master of any such ship or vessel shall, with the two persons next in command in the said ship or vessel, take the following oath (or, being a Quaker or Menonist, solemn affirmation) viz. "IA. B. do solemnly swear, or affirm, How they may be seiz ed and forfeited. Bond and sail in con oath, not to tempt of embargo. |