be recovered by such person as shall sue for the same, in any court of record within this colony, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed.

V. Provided nevertheless, That such person hereby May be redeclared to be disabled to sit and vote in the house of elected. burgesses, by reason of his accepting such office of profit, shall and may be capable of being again elected.

CHAP. XI.

An Act for encouraging the making of Linen Cloth. I. TORASMUCH, as the making & manufacturing Preamble. For linen cloth, will be of very great service and

benefit to the poorer sort of the people of this colony, more especially, at a time when the staple commodity of this country will not afford them sufficient maintenance and support. Wherefore, for the encouragcment thereof,

Premium for

II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and making linen it is hereby enacted, by the authority of the same, That cloth. all and every person and persons, who shall, after the commencement of this act, make, or cause to be made, any linen cloth, of flax, or hemp, of the growth and produce of this colony, of the breadth and fineness of good osnabrigs, shall have, receive, and be paid, as a reward, two pounds of tobacco for every ell of such cloth. And that all and every person and persons, who shall make, or cause to be made of such flax or hemp, any linen cloth, of the breadth of three quarters of a yard, and of the fineness of good doulass, or of any greater breadth or fineness, shall have, receive, and be paid, as a reward, four pounds of tobacco, for every ell of such cloth. Which several rewards shall be levied on the inhabitants of the county, wherein such cloth or cloths shall be made, and repaid by the country, at the next public levy.

III. And be it further enacted, by the authority afore- How paid. said, That the several county courts within this his majesty's colony and dominion, be impowered, and every of them are hereby impowered, authorized, and required, at the laying the county levy, annually to allow

Proof, how made.

Suspending clause.

an order, to all and every person and persons, claiming and demanding the rewards aforesaid, or either of them, as due to such person or persons, by virtue of this act; and to assess, raise, and levy the same, upon the tithable persons within their respective county, by a poll-tax.

IV. Provided always, and it is the true intent and meaning of this act, That every such person and persons making such linen, before he or they shall be entitled to claim or demand of such court, the reward or rewards given by this act, shall carry, or cause such linen to be carried, before some justice of the peace of the county wherein such linen shall be made, and make oath, or solemn affirmation, as the case may be, that the linen by him or them produced to the said justice, is of the growth and manufacture of this colony; and that no person or persons whatsoever, hath or have before that time received, or entitled him or themselves to receive, the reward or rewards given by this act, for the making the same. And shall obtain from such justice, a certificate or certificates, to such court, of his or their having taken such oath: And that such linen is of the breadth and fineness of good osnabrigs, or of the breadth of three quarters of a yard, and of the fineness of good doulass, or of greater breadth or fineness, as the case shall be: And shall produce such certificate or certificates to such court, at the laying the levy for such county.

V. And be it further enacted, by the authority aforesaid, That this act shall commence, and be in force, immediately upon his majesty's signifying his roial approbation thereof: And shall continue thereafter, for and during the term of five years, and from thence to the end of the next session of assembly.

Preamble.

CHAP. XII.

An Act for restraining the taking of excessive Usury.

NORASMUCH as the settling of interest at a

Freasonable rate, will be greatly beneficial to the

advancement of trade and improvement of lands by good husbandry, with many other considerable advantages to this colony. And whereas, divers persons of late

have taken great and excessive sums, for the loan of money, goods, and merchandize, to the great discouragement of ingenuity, and industry, in the husbandry, trade, and commerce, of this colony:

II. Be it therefore enacted, by the Lieutenant-Gover- (12 Car. 2. nor, Council, and Burgesses, of this present General c. 13.) Assembly, and it is hereby enacted, bythe authority of Rate of inte the same, That no person or persons whatsoever, from rest 6 per and after the twenty ninth day of September, in the cent. year of our lord one thousand seven hundred and thirty, upon any contract to be made after the said twentyninth day of September, shall take, directly or indirectly, for loan of any monies, wares, merchandizes, or other commodities whatsoever, above the value of six pounds, for the forbearance of one hundred pounds for one year; and so after that rate, for a greater or lesser sum, or for a longer or shorter time. And that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for the paiment of any principal, or money to be lent or covenanted, to be performed upon, or for any usury, whereupon, or whereby there shall be reserved or taken, above the rate of six pounds in the hundred, as aforesaid, shall be utterly void. And that all and every person and persons whatsoever, Penalty for which, after the time aforesaid, upon any contract to be exceeding. made after the said twenty ninth day of September, shall take, accept, and receive, by way or means of any corrupt bargain, loan, exchange, shift, or interest of any monies, wares, merchandizes, or other thing or things whatsoever; or by any deceitful way or means; or by any covin, device, or deceitful conveyance, for the forbearing, or giving day of paiment, for one whole year, of, or for their money, or other thing, above the sum of six pounds, for the forbearing of one hundred pounds for a year; and so, after that rate, for a greate er or lesser sum, or for a longer or shorter time; shall forfeit and lose, for every such offence, the double value of the monies, wares, merchandizes, and other things so lent, bargained, exchanged, or shifted.

III. And be it further enacted, by the authority afore- Brokerage. said, That all and every broker and brokers, solicitor and solicitors, driver and drivers of bargains for contracts, who shall, after the said twenty ninth day of September, take or receive, directly or indirectly, any sum or sums of money, or other reward or thing, for

Recital of act of 1727.

broakage, soliciting, or procuring, the loanfor forbearing of any sum or sums of money, over and above the rate or value of five shillings, for the loan or forbearing of one hundred pounds for a year, and so rateably; or above one shilling, for making or renewing the bond or bill, for loan or for forbearing thereof; or for any counter bond or bill concerning the same; shall forfeit, for every such offence, twenty pounds of lawful money: The one moiety of all which forfeitures, to be to our sovereign lord the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other moiety to him or them that will sue for the same, by action of debt, bill, plaint, or information, in any court of record within this his majesty's colony and dominion; wherein no essoin, protection, or wager of law, shall be allowed.

CHAP. XII.

An Act to exempt the Inhabitants of any County, wherein any Iron-Works are or shall be erected, from clearing or repairing the Roads leading to and from the same; for making satisfaction to the Owners of any Lands lying contiguous to such Roads, for the timber which shall be taken, for making or repairing Bridges in such Roads: And for giving further encouragements to adventurers in Iron-works.

I.

W

7 HEREAS, in and by one clause of an act of the general assembly of this colony, begun and held at the capitol in the city of Williamsburg, the first day of February, in the first year of the reign of our sovereign lord king George the second, and in the year of our lord one thousand seven hundred and twenty seven, intituled, An Act for encouraging adventurers in Iron-Works, It is enacted, by the authority of the said general assembly, that the justices of the peace respectively, in any county in which any iron work is or shall be erected, shall, upon application to be made, by the owner or owners, or chief manager, of such work, order and appoint good roads to be laid out and made, from such works to the nearest place upon some navigable river, or creek, where the iron made at such works may be brought and shipped off; and for bring

ing stone and other materials, for the erecting and carrying on such work, before the same shall be finished, from thence; and shall also order such convenient causeways and bridges, as shall be necessary, for carts, waggons, or any other wheel carriages whatsoever, to pass in such roads, to and from such iron-works, with the most ease that can be: And such highways and bridges shall, during the time such iron-works shall be maintained, be repaired and amended, in the same manner, and under the same penalties and forfeitures, that other highways and bridges in this colony, are to be repaired and amended: Which recited clause of the said act of the general assembly is found, in sundry respects, to be burthensome and grievous to divers of the inhabitants of this colony, in the counties where ironworks are erected:

iron-works.

II. Therefore, to remove such burthens and hardships, and to prevent the like for the future, 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 from and after the Privilege of passing of this act, all persons whatsoever, other than persons emthe persons emploied in such iron works already erect-ployed in ed, or hereafter to be erected, shall be exempted and discharged from clearing and repairing all roads,bridges, and causeways, laid out, erected, and made, pursuant to the directions of the aforesaid act of assembly; and shall also be exempted and discharged from laying out, making, clearing and repairing all roads, which shall hereafter be appointed by the county courts, for the benefit and conveniency of such iron-works, and from the making and repairing all bridges and causeways in such roads; any thing in the same, or any other act of assembly, to the contrary thereof in any wise, notwithstanding.

III. Provided nevertheless, and it is the true intent Public roads. and meaning of this act, That all roads which heretofore have, or hereafter shall be ordered by the general court, or county court, to be laid out, and cleared, for the use and conveniency of the inhabitants of the country or county, shall be cleared and maintained by the surveyors appointed by the courts, and the inhabitants contiguous thereto.

Timber for,&

IV. And for the better enabling adventurers in iron- for bridges, works, to carry on the same, Be it further enocted, by maybe taken.

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