A complete collection of all the lavvs of Virginia now in force Carefully copied from the assembly records. To which is annexed an alphabetical table.

V. An Act for Cohabitation, and Encouragement of Trade and Manufacture.

THis present General Assembly having taken into their serious consideration the great necessity, usefulness, and advantages of Cohabitation in this his Majesties Co∣lony of Virginia, and observing and foreseeing the great extremities his Majesties Subjects here; must necessarily fall under by the present and continued Lowness of the price of Tobacco, the only Commodity and Manufacture of this Countrey, if the same be not by all prudential wayes and means prevented; and considering that the building of Store-houses for the reception of all Merchandizes, im∣ported, and receiving, Securing, and laying ready all Tobaccoes, for exportation and for Sales, and disposal of all Goods, Merchandizes, and Tobaccos imported or exported in∣to or from this his Majesties Colony of Virginia, will be one great means of advancement thereof, do pray your Ma∣jesty that it may be Enacted, and be it Enacted by the Kings most Excellent Majestie, by and with the Consent of the General Assembly, and it is hereby Enacted by the

Authority aforesaid, that thereby within two Months next and imediatly after publication hereof in every respective County within this his Majesties Colony, fifty Acres of Land purchased by the Feoffees of the several Counties at the rates herafter set down, and measured about, laid out and appointed for a Town for Store-houses, &c. for such County as is hereafter set down, and Expressed; that is to say,

In Henrico County at Verina, where the Court-house is.

In Charles-City County at Flower-de-hundred over against Swynyards.

In Surry County at Smiths Fort.

In James-City County at James-City.

In Isle of Wight County at Pates-field at the parting of Pagan Creek.

In Nanzemund County at Collonel Dues Point, alias Huffs-point.

In Warwick County at the mouth of Deep Creek on Mr. Mathew's Land.

In Elizabeth-City County, on the West-side Hampton River, on Mr. Thomas Jarvis his Plantation where he now lives.

In Lower Norfolk County on Nicholas Wise his Land on the Eastern Branch of Elizabeth River, on the En∣trance of the Branch.

In York County on Mrs. Redds Land where the Shipp Honours Store was, including the Low Beach for Landing Wharfes, &c. and the Old field where Webber dwelt for Cohabitation.

In new Kent County at the Brick-house along the high Land in the old field from Marsh to Marsh.

In Glocester County at Tindalls Point, on Tindalls Creek side, on John Williams his Land.

In Middlesex County on the West-side of Ralph Worm∣leys Esquire, his Creek, against the Plantation where he now lives.

In Rappahannack County at Hobbs his hole.

In Stafford County at Peace point at the mouth of Aquia on the North-side.

In Westmorland County at Noming on the Land of Mr. William Hardridge.

In Accomack County at Colverts Neck on the North-west∣side, at the head of Anancock Creek.

In Northampton County at the North-side of Kings Creek, beginning at the mouth, and so along the Creek, on the Land belonging to Mr. Secretarys Office.

In Lancaster County on the North-side Corotomen River, against the place where the Ships ride, on a point of Land belonging to Mr. Edward Carter, about a quarter of a mile up the Creek which divides Mr. Thomas Chewnings and the Court-house.

In Northumberland County at Chickacony.

And Be it forther Enacted by the Authority aforesaid, and it is hereby Enacted, That the price to be paid by each County, for each respective Fifty Acres of Land, nomi∣nated as aforesaid, shall be ten thousand pounds of To∣bacco and Cask, which summ the Owner or Owners thereof, shall be and are hereby constrained to accept, take, and re∣ceive, as a full and valluable price and consideration for the said Land for ever; and for which he shall pass and acknowledge an authentique Deed in Law to such person or persons, his or their heirs and assignes for ever, as shall be nominated by the Justices of the County-court, as Feo∣ffees in trust, and to and for the use of the County. And for Encouragement of all and every such person and persons as will build a dwelling House, and a Ware∣house thereupon, every such person and persons shall have assigned him or them, by the Justice or Justices of the County Feoffee or Feoffers in the Deed named, or in case of the Death or absence of one or more of them, then by such other as shall be appointed by the Court, one half Acre of the said Land in Fee-simple, he paying to the County one hundred pounds of Tobacco and Cask, and building such Dweling-house, and Ware-house thereupon, as by this Act is enjoyned: and in case any person shall desire more then one half Acre, that then there be assigned him one half Acre more in manner aforesaid, he building thereupon one other Dwelling-house and one Ware-house, and paying the County one hundred pounds of Tabacco and Cask for the same. And it is hereby further Enacted, that every such person or persons as shall desire and purchase such Lands as aforesaid, and shall not begin to build thereupon within three Months after such pur∣chase, and so continue to the finishing such building as by this Act is enjoyned, shall forfeit all such Tobaccos and Land, the same to revert to the County, so as to be Sold and assigned to any other person or persons de∣siring

the same on the prices & Conditions aforesaid. And it is hereby further Enacted that the Surveyor or Surveyors appointed to lay out the said fifty Acres in the several ap∣pointed places, be paid and allowed by the Publique according to Act of Assembly; and that every Surveyor for Laying out every Dividual half Acre, and giving a Plot thereof, shall be paid by him that shall imploy him twenty pounds of Tobacco and Cask, and no more. And such Surveyor as upon timely notice given him shall refuse to survey and lay out the same, or shall demand more then what is herein allowed, upon due proof thereof made, shall pay to the party agrieved five hundred pounds of Tobacco, to be recovered by Action of Debt in any Court of Judicature. And be it further Enacted by the Authority aforesaid, and it is hereby Enacted, that all Tobaccoes whatsoever which shall be made within this his Majesties Country from and after the first day of January next ensuing, and all other Goods and Merchandizes whatsoever, of the growth of this Colony to be Exported, shall be brought to the said appointed places, where all such Tobaccoe and all Goods and Merchandizes whatsoever of the growth or production of this Colony, are to be bought, sold, Shipt off and freighted; and whosoever shall presume to Buy, Sell, freight or Ship off any Tobacco or other Goods and Mer∣chandizes aforesaid, next after the time aforesaid, before the same is brought to such appointed places, upon due proof thereof made, shall forfeit, and lose all such To∣bacco, or other Merchandizes whatsoever, one half to his Majestie, and the other half to the informer, any Law, Usage, or Custom to the Contrary notwithstanding. And all Goods, Wares, English Servants, Negroes, and other Slaves and Merchandizes whatsoever, that shall be im∣ported into this Colony, from or after the 29th Day of September which shall be in the year 1681. shall be lan∣ded and laid on shoar, bought, and Sold, at such ap∣pointed places as aforesaid, and at no other place what∣soever, under like penalty and forfeiture thereof.

Provided alwayes that it shall and may be Lawfull, for any person whatsoever, to have liberty to buy and Sell between themselves any Horses, Mares, Cattle, Sheep Corne, English graine, or any other manner of provisions whatsoever; and also liberty to carry Hides to the Tanners, where the Tan-houses are, any thing in

this Act to the contrary notwithstanding. And to prevent Exactions that may be used by Sloop-men who must neces∣sarily be imployed to bring the said Tobaccoes to the said ap∣pointed places, and for the Owners of Ware-houses for Storage thereof, it is hereby Enacted, that the Owner of the Tobacco bringing the same to the Waterside, where it is to be taken on Board, shall pay for Sloop-hire no more then Twen∣ty Pounds of Tobacco and Cask for each Hogshead, if the said Tobaccoes be within thirty miles of the said Ware-house, to which it is to be brought, and at what distance soever further, forty pounds of Tobacco and Cask for each Hogshead, and no more upon penalty of forfeiting one hundred pounds of Tobacco and Cask for each Hogshead, by him who shall demand, receive or take more, to the use of the Party griev∣ed; and for Storage of any Hogshead of Tobacco in any Ware-house, the Owner thereof shall pay to the Ware-house-keep∣er ten pounds of Tobacco for the first day, or for a Month, and for every month after six pounds of Tobacco and no more.

And whereas there are several persons who are so Remote from Landings proper for taking their Tobaccoes on Board the Soops or▪ Boats for Transporting the same to the appointed places, It is therefore hereby further Enacted, that in case any Person or Persons, Owners of such Lands, which shall be convenient to build a house upon, convenient for securing such Tobaccoes, until the same can be shipped, shall refuse to build such house for securing such Tobaccoes as aforesaid, that in sucb cases liberty be granted, and liberty is hereby granted to any person or persons whatso∣ever, for so much Land as he or they may con∣veniently build such fitting house upon, for securing such Tobaccoes, as shall be brought thither in order to transporting the same, to the Ware-houses appointed by this Act, he or they who shall desire the same and build thereon according as by this Law is intended, paying to the Owner thereof, such Price and Prices as are set down and ordered to be paid in the Act of Assembly, providing for Lands, for Church∣es and Mills, and that there be allowed free liberty of ingress and egress to and from such house or houses, not committing any Trespass, & for encouragement of all that shall Transport their Tobaccoes to the appointed places mentioned in this Act, it is also hereby Enacted, that no Execution, Attach∣ment or other Process in Law, shall be executed or laid up∣on

any the said Tobaccoe•• in the time of the Transportation thereof, to the said appointed places, or in the Ware-houses for any Debt, contracted before the passing this Act, the party that removes or transports such Tobaccoes having first made Oath before a Magistrate, that he is really and Bona fi∣de Transporting the same to one of the said Ware-houses, and for encouragement of Carpenters, Sawyers, Brickmakers, Briclayers, Labourers, and all other Tradesmen whatsoever, that will cohabit, dwell, and exercise their Trades within the said appointed places, or any of them, it is hereby enacted by the Authority aforesaid, that all such persons so inhabiting, shall within the limits and bounds of the several respective places be wholly free from any arrest of their persons, or seizure of their Estates, for such Debts as were formerly contracted for, and during the term of five years to come next after the publication of this Law, not barring the Cre∣ditor or Creditors to sue for, and recover their Debts when the time of five years is expired, any Law, Custome, or Usage to the contrary notwithstanding.

And it is hereby further Enacted, that all such Tradesmen, and Labourers cohabiting in the places aforesaid, & not plant∣ing tending or making Tobacco, shall be free and acquit from paying any Publick Levy during the term of five years from the Publication of this Act.

Provided always, and it is hereby meant and intended to be meant, that all such Debts as shall accrew by any bar∣gain or contract made or to be made, within the limits of the said appointed places, or any one of them, immediate Process may be granted thereon any thing in this Law to the contra∣ry notwithstanding, and for the more sure reserving all such Tobaccoes, as shall be brought to the aforesaid Stores or Ware-houses, to the use and advantage of the Owners thereof, it is hereby further Enacted by the Authority a∣foresaid, that no Collector or Collectors of Levy or Parish-Tiths shall make distress or seizure of any Tobaccoes in such places for publick County, or Parish-Levies or for Sheriffs or Clerks-Fees, but that all Sheriffs and Publick Collectors shall be and hereby are enjoyned to Collect, and receive the Tobaccoes Due in their Collections as heretofore was u∣sual and the Publick or other Creditor to receive the same accordingly.

And be it further Enacted by the Authority aforesaid, and it is hereby Enacted, that for the better adnavcement

of the Price of Tobacco, and lessening of Freight that no Merchant, Facture, or Adventurer whatsoever, arriving with any Goods, VVares, Servants, Slaves or other Mer∣chandize whatsoever, into this Colony shall presume to buy, Ship off, or Freight any Tobacco whatsoever, from any of the before appointed places at any time or times before the twentieth day of March, 1681. by which time it may be presumed and believed all Tobaccoes whatsoever, which shall be made in this Colony, may be brought to the said ap∣pointed places, under the Penalty of forfeiting and losing all such Goods, VVares, &c. and all Tobaccoes so purchased one half to his Majesty, and the other half to him or them that shall or will inform or sue for the same, any Law, U∣sage or Custom to the contrary in any wise notwithstanding.

Provided always, and it is hereby meant and intended, that this Restriction shall continue two years from the said twentieth of March and no longer.

Provided always that notwithstanding any thing in this Act contained, any Inhabitant dwelling within the said ap∣pointed places, have liberty to fell such Goods and Merchan∣dizes as they have of their own at any time.

Provided also, and it is hereby Enacted, that if two or more Counties lying convenient to each other, shall within the two months before recited agree together on one com∣mon place and Town for each their Counties, and lay out the ground for the same in Common betwixt and amongst them, and there build houses as by this Act is enjoyned that then such one Town so agreed on, appointed, laid out, and built upon, shall serve and be sufficient for such two or more Counties, any thing in this Law to the contray not∣withstanding, and it is hereby further Enacted, that all Magistrates take due care to see this Act be strictly obser∣ved and put in E••ecution.

Notes

• Fifty Acres of Land in each County shall be set apart to Erect Store-houses upon, for the use of the said County.
• Places in each County where the said Store-houses shall be built.
• What price the County shall pay for the said fifty Acres of Land.
• Encourage∣ment to such as will build a Dwelling house on the aforesaid Land.
• Surveyors of the said Land shall be paid by the Publick. Their Allow∣ance.
• All Tobaccoes and other Goods and Merchan∣dizes what ever of the growth of this Colony, to be exported shall be brought to the places aforesaid.
• Goods Imported shall be Landed and sold there.
• Horses, Cattle English graine &c. and other Provisions, ex∣cepted.
• Prices appoin∣ted for sloop-hire from the said Warc-houses.
• Tobaccoes du∣ring their Transporting unto, and whilst they are continued in the houses aforesaid are exempt from any Executi∣on or At∣tachment for Debts con∣tracted be∣fore the ma∣king this Act.
• Tradesmen who will dwell in the places afore∣said shall be freed from the payment of former Debts of five years.
• Such persons not Planting Tobacco shall also-be freed from the pay∣men of publick Levyes for 5. years.
• No Collector shall make seizure of any Tobaccoes while in such places for publick Coun∣ty, or Parish Levies.
• Persons dwel∣ling within the said ap∣pointed places have liberty to sell their Tobacco at a∣ny time.
• Where two or more Coun∣ties lye con∣veniently one such Ware-house may serve in Common.