cessors, for and towards the support of the government, and the contingent charges thereof; and the other moiety to the informer: To be recovered by action of debt, in any court of record in this colony.

CHAP. X.

An Act for regulating the Fees and Accounts of the
Practicers in Phisic.

I.
by surgeons, apothecaries, or such as have only served
apprenticeships to those trades, who often prove very
unskilful in the art of a phisician; and yet do demand
excessive fees, and exact unreasonable prices for the
medicines which they administer, and do too often, for
the sake of making up long and expensive bills, load
their patients with greater quantities thereof, than are
necessary or useful, concealing all their compositions,
as well to prevent the discovery of their practice, as of
the true value of what they administer: which is be-
come a grievance, dangerous and intolerable, as well to
the poorer sort of people, as others, & doth require the
most effectual remedy that the nature of the thing will
admit:

HEREAS the practice of phisic in this colo- Preamble.
ny, is most commonly taken up and followed,

geons and apothecaries.

II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General As- Fees of sursembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, no practicer in phisic, in any action or suit whatsoever, hereafter to be commenced in any court of record in this colony, shall recover, for visiting any sick person, more than the rates hereafter mentioned: that is to say, Surgeons and apothecaries, who have served an apprenticeship to those trades, shall be allowed,

For every visit, and prescription, in town, or within five miles,

For every mile, above five, and under ten,

For a visit, of ten miles,

And for every mile, above ten,

00 00 06

With an allowance for all ferriages in their journeys.

have taken a

To Surgeons, For a simple fracture, and the

cure thereof

For a compound fracture, and
the cure thereof,

l. s. d.

02 00 00

04 00 00

Of those who But those persons who have studied phisic in any university, and taken any degree therein, shall be allowed,

degree.

For every visit, and prescription, in any
town, or within five miles,

If above five miles, for every mile more,
under ten,

For a visit, if not above ten miles

1. S. d.

00 10 00

00 1.00

1 00 00

And, for every mile, above ten,

00

With an allowance of ferriages, as before.

1.00

III. And to the end the true value of the medicines administred by any practicer in phisic, may be better Phisic, how known, and judged of, Be it further enacted, by the auto be charg- thority aforesaid, That whenever any pills, bolus, por

ed.

tion, draught, electuary, decoction, or any medicines, in any form whatsoever, shall be administred to any sick person, the person administring the same shall, at the same time, deliver in his bill, expressing every par ticular thing made up therein; or if the medicine administred, be a simple, or compound, directed in the dispensatories, the true name thereof shall be expressed in the same bill, together with the quantities and prices, in both cases. And in failure thereof, such practicer, or any apothecary, making up the prescription of another, shall be nonsuited, in any action or suit hereafter commenced, which shall be grounded upon such bill or bills: Nor shall any book, or account, of any practicer in phisic, or any apothecary, be permitted to be given in evidence, before a court; unless the articles therein contained, be charged according to the directions of this act.

IV. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force, for and during two years, next after the passing thereof, and from thence to the end of the next session of assembly.

CHAP. XI.

An Act for the better regulation of the Office of Survei ors of Land; and directing them in their duty.

I.

Preamble.

book.

NOR the better explaining the duty of surveiors of land; and to prevent, for the future, divers impositions and hardships, which some of them have laid on the people, in the male administration of their office, Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and Su.veior to it is hereby enacted, by the authority of the same, That produce his when any person shall offer to enter with any surveior within this colony, for any quantity of land not before granted by patent, if the surveier shall refuse to enter the same, pretending it to have been before entered by some other person; the surveior, in that case, shall produce his book of entries for lands to the person offering to make such entry, and shall shew him the said entry; and, if required, give him an attested copy thereof: The person demanding the same, paying for such copy the fee of two shillings and six pence, and

no more:

II. And, if any surveior shall refuse to produce his Penalty on said book to any person requiring the same, so as such refusal. demand be made at the surveior's house, or any other place where his book of entries is; or to give a copy of any entry, or to enter any land, as aforesaid, provided the entry required to be made, be agreeable to, and not interfering with the orders of the governor in council, in relation to the taking up and patenting of lands; the surveior so refusing, shall forfeit and pay to such person, twenty pounds current money for every such refusal.

ceeding 400

III. And that where any entries have been, or shall Entries made hereafter be made, for less than four hundred acres of at several land, and the persons making the same shall, before the times,not exsurvey thereof be made, duly enter for a greater quantity acres. of land adjoining thereto, not exceeding, in the whole, four hundred acres, the surveior shall not be entitled to demand or receive any larger fee for the survey, than he should have been entitled to, if the whole quantity of land had been entred for at first.

IV. And that if any surveior shall survey any lands No survey to not before patented, without the known and established be made by a

scrveior of another county.

Survey of land in two

counties.

No note or

security, to be taken for

surveiors fees.

Penalty on refusal to allow for con

veniency.

limits of the county of which he is surveior, except by order of the governor, and council; such survey shall be deemed an illegal and void survey, and no patent shall issue thereupon; and the surveior presuming to make such survey, shall forfeit and pay five pounds current money to the surveior of the county where the lands shall lie.

V. And that where it shall happen, that any tract of land shall lie in two counties, and the title or bounds thereof shall be drawn into controversey, so as to occasion a survey of the same by the direction of the court wherein the controversy shall be depending; although the surveiors of both counties shall happen to attend such survey, yet they shall not be entitled to demand or receive any more for making such survey than as if one surveior only had attended and performed the service. VI. And that no surveior having fees due to him, by virtue of his office, shall presume to take, directly or indirectly, in his own name, or in the name of any other person in trust for him, any obligation, or other specialty, note, or other security, from any person whatsoever, for the payment of any sum or sums of money, in licu of such fees; and all such specialties, notes, or securities taken, contrary to this act, shall be void, and no action or suit shall be maintained thereupon; and if any action or suit shall hereafter be brought upon any such specialty, note or security, the defendant may plead this act in bar thereof; and the plaintiff shall join the issue upon such plea; and upon the trial of such issue, the onus probandi, as to the consideration for which such specialty, note, or other security was given, shall lie upon the plaintiff.

VII. And that if any surveyor shall refuse to make the allowance or abatement settled by law, for the conveniency of paying his fees in inspectors notes, when the person chargeable with such fees,shall pay the same; such surveyor shall forfeit and pay to such person, five shillings for every hundred pounds weight of tobacco, for which he shall refuse to make such allowance or abatement, and so proportionably for a less quantity than one hundred pounds of tobacco: All which penalties and forfeitures herein before mentioned, shall or may be recovered, by action of debt, or information, in any court of record within this dominion: except the

same shall be under twenty five shillings, and then before a justice of the peace.

one surveyor

VIII. And to prevent disputes about the priority of en- Entries to be tries for land, and for the greater conveniency of the made with people, in repairing, from time to time, to the survey only, who ors of those counties where there are great quantities of shall reside unpatented land, to make entries for such land. Be it fur- in the counther enacted, by the authority aforesaid, That for the fu- ty. ture, there shall be but one surveyor with whom entries for land shall be made, for each of the several counties of Brunswick, Amelia, Goochland, Hanover, and Orange; and such surveyor shall be resident in such county, respectively, on penalty of forfeiting ten pounds. sterling, for every month he shall reside out of the same; one moiety of which shall be to our lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will sue or inform for the same: To be recovered, by action of debt, or information, in any court of record within this colony.

CHAP. XII.

An Act for raising a Public Levy, and for other purpo

I.

ses therein mentioned.

1734, to Au

E it enacted, by the Lieutenant-Governor, Coun- The public cil, and Burgesses, of this present General As- levy, from sembly, and it is hereby enacted by the authority of the August 22, same, That seven pounds and an half of tobacco, be paid gust 5, 1736, by every tithable person within this dominion, for the defraying and paiment of the public charge of the country, being the public levy, from the two and twentieth day of August, one thousand seven hundred and thirty four, to the fifth day of August, one thousand seven hundred and thirty six: And that it be paid by the collectors of the several counties, to the several persons to whom it is proportioned by this general assembly.

II. And, if it shall happen, that there shall be inore where there tithables in any county, than the present levy is laid on, shall be mor then such county shall have credit for so much, to the or fewer use of the county; and if fewer tithables in any coun- than the levy tithables ty, then such county shall bear the loss.

R 3 Vol. 4.

is laid on.