530 Assembly Proceedings, June 29-July 22, 1699.

Lib. L. L.

sent aforesaid that if any Defendant upon Tryall Can prove
either by such Certificate as aforesaid or other Sufficient
Prooff that there is any Sume of Tobbacco or money paid to
the Plaintiffe or his Order in Part of the said Debt or Acc^t
Sued for the Court before whom Such Tryall is had may
Cause the Same to be discounted in Court and give Judgment
thereupon against the Defendant for Soe much onely as shall
be remaining to the Plaintiffe which Cost of Suite Provided
the Ballance Exceeds Two hundred pounds of Tobbacco or

p. 291

Sixteen Shillings and Eight Pence in the County Courts and
fifteen hundred pounds of Tobbacco or Six pounds five
shillings sterl in the Provinciall Court otherwise the Plaintiffe
shall be Non suited as by other Law is Provided.

An Act for Encouragement of Such persons as will undertake
to build Water Mills &c.

Daily Experience Sheweth that the Want of Water Mills is
true Cause that husbandry in tilling the Ground and for
Sowing of Wheat and barly is but Coldly prosecuted though
the Advantage thereby in raising the Stock of Neat Cattle be
great And for as much as for the most part the Places fitt for
Setting up of Water Mills are allready in the hands of persons
under age or unable to be att the Charge of building a Water
Mill or elce Such as are Wilfully Obstinate in forbidding and
hindering such Persons as would Purchase the Said places fitt
for building Water Mills and Sett them up to the increase of
our Trade and Navigacon much to the Publick Damage of
the Province
Be it enacted by the Kings most Excellent Ma^ty by and
with the Advice and Consent of this Present Generall

Assembly and the Authority of the Same That if any

person or persons from and after the publication hereof
that shall desire to sett up a Water Mill upon any Land next
adjoyning to any Run of Water within this Province not
being the proper Possession or ffreeholds of such per-
son or persons nor Leased to them to the Intent thereon
to Sett a Water Mill they shall Purchase a Writt out
of his Matys Court of Chancery Directed to the Sher-

p. 292

riffe of the County where Such Land lyeth requireing
him by the Oath of Twelve men of his County to En-
quire what Damage it would be to his Maty or other to
have a Mill Sett up in Such a place as aforesaid the forme of
which Writt followeth (Viz) William by the Grace of God of
England Scottland France and Ireland King defender of the
ffaith &c. To the Sherriffe of A: County Greeting we Comand