Pages 200-215  ======   ======  Pages 229-250

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AT A

Generall Assembly,

BEGUN AT
HIS MAJESTYES ROIAL* COLLEDGE OF WILLIAM AND MA-
RY, ADJOINING TO THE CITY OF WILLIAMSBURG,
THE FIFTH DAY OF DECEMBER; IN THE 12TH
YEAR OF THE REIGN OF OUR SOVEREIGN
LORD WILLIAM III. OF ENGLAND, SCOT-
LAND, FRANCE, & IRELAND, KING,
DEFENDER OF THE FAITH, &c.
ANNOQ; DOM. 1700,
Francis Nicholson, Esq. Gov.
And thence continued, by several prorogations, to the thirtieth day of May, 1702: in the fourteenth year of his majesty's reign; being the third session of this present General Assembly.
======
      [====== The acts of this session are omitted in the MS and only the titles are printed in the editions of 1733, and 1752. The numbering the acts by Chapters, was probably first introduced, in the revisal of 1733; it was not the case in the revisal of 1705. See a note prefixed to chap. II. of the next session.]
======

CHAP. I.
AN ACT for the continuing, meeting, and sitting of General Assemblies, in case of the death or demise of his Majesty, his heirs and successors.
Re-enacted, Ch. 28, 1705
NOTE.
      * The orthography in this place, and in the subsequent acts taken from the revisal of 1733, is according to the usage of that period; but it is very evident, from a view of the MSS. that it is different from that in use, at the date of the acts.

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217

LAWS OF VIRGINIA, MAY 1702.−−−14th WILLIAM III.


   
CHAP. II.
AN ACT to prevent Masters of Ships or Vessels running away, after Embargos are laid. Repealed, Ch. 47, 1705.
======
An ORDINANCE of Assembly for settling the dividing lines between the counties of Isle of Wight, Charles-City, and Nansemond, on the south side the Black Water Swamp.
[See chap. 57, of October 1705, "An act for settling the dividing lines between the counties of Prince George, Surry, Isle of Wight and Nansemond, on the south side Black Water Swamp." −− Note, That act passed, after Prince George county was formed from Charles City, which was at the session of August 1702, and accounts for the name of Prince George being substituted, in the act of 1705; for Charles City, which occurs, in this Ordinance.]
======
Signed by       FRANCIS NICHOLSON, Esqr. Govr.
PETER BEVERLEY, Speaker.

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AT A

Generall Assembly,

BEGUN AT
HER MAJESTYES ROIAL COLLEDGE OF WILLIAM AND MA-
RY, ADJOINING TO THE CITY OF WILLIAMSBURG,
THE FIFTH DAY OF DECEMBER; AND IN THE
TWELFTH YEAR OF THE REIGN OF HIS
LATE MAJESTY, KING WILLIAM III. OF
BLESSED MEMORY: 		      Francis Nicholson, Esqr. Gov.
And thence continued, by several prorogations, to the fourteenth day of August; in the first year of the reign of our sovereign Lady Anne, by the grace of God, of England, Scotland, France and Ireland, Queen, Defender of the Faith, &c. Annoq; Dom. 1702; being the fourth session of this present General Assembly.
======

ACT I.
An act for the regulation and settlement of ferryes and for dispatch of public Expresses, and for the speedy transporting of forces over rivers and creeks in time of danger.

Edi. 1733 and 1752.
      WHEREAS a good regulation of ferryes in this her majestyes colony and dominion                  prove very useful for the dispatch of publick affaires and for the ease and benefitt of travellers and             in business,
Preamble.
      Be it therefore enacted by the Governour, Councell and burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That ferryes be constantly kept at the places hereafter named, and that the rates for passing the said feryes, be as followeth, vizt:
On James River.
      In Henrico county at Varina, the price for a man six pence, for a man and horse a shilling. In Charles City county at Westopher, the price for a man a shilling, for a man and horse eighteen pence. In Appomatock river at the usuall place near coll Byrd's store,

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219

LAWS OF VIRGINIA, AUGUST 1702.−−−1st ANNE.


   
the price for a man halfe a royall, for a man and horse one royall.

      On the south side in Charles City county at Cogan's point, the price the same as at Westopher. In Surrey county from Hog Island maine to Archershope, the price for a man two ryals, for a man and horse two shillings six pence.

      At the mouth of upper Chipokes creek over to the Row or Martins Brandon, the price for a man six pence for a man and horse one shilling.

      From Swans point to Jamestown, the price for a man a royall, for a man and horse two royalls.

      From Crouches creek to James towne the price for a man one royall and a halfe, for a man and horse three royalls. In James City county at James town the price to swans point for a man one royall, for a man and horse two royalls. To Crouches creek for a man one royall and a halfe, for a man and horse three royalls. At Chickahominy at Freemans point at the usual place the price for man six pence, for a man and horse one shilling. In Nanzemond county from Cofeild point to Robert Peals near Sleepy hole, the price for a man six pence, for a man and horse one shilling.

      In Elizabeth City county at Hampton towne from the town point to Brooks point, the price for a man three pence, for a man and horse six pence.

      In Norfolk county from Norfolke towne to Sawyers point or Lovets plantation, the price for a man six pence for a man and horse one shiling. 		Ferries established; and rates of Ferriage.
Upon York River.
      In Newkent county from Robt. Peaslyes to Phill Williams's, the price for a man six pence, for a man and horse one shilling.

      From the Brick house to West Point, the price for a man one shiling, for a man and horse eighteen pence.

      From the Brick house to Gutteryes the price for a man one shiling, for a                               In King William county from Spencers over to the usuall landing place, the price for a man                               for a man and horse one shiling.

      From Phill Williamses to Peaslyes point, the price for a man six pence, for a man and horse one shiling.

      From West Point to the Brick house, the price for a man one shiling, for a man and horse eighteen pence.

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220

LAWS OF VIRGINIA, AUGUST 1702.−−−1st ANNE.


   
      From West Point to Gutteryes, the price for a man six pence, for a man and horse one shilling. In York county from York towne to Tindals point, the price for a man one royall, for a man and horse two ryals. In Glocester county from Tindalls point to York towne, the price for a man one royall, for a man and horse two royalls.

      From Baylyes over Piankatank, the price for a man six pence, for a man and horse one shiling. In King and Queen county, from Gutteryes to West Point, the price for a man six pence, for a man and horse one shiling.

      From Gutteryes to the Brick house, the price for a man one shiling, for a man and horse two shilings. −− From Burfords to old Talbots, the price for a man six pence, for a man and horse one shiling.

      In Middlesex county, over Pyankatank at Turks ferry the usuall place, the price for a man six pence, for a man and horse one shiling.
On Rapahanock River
      In Middlesex county from Dudly's plantation to Chewnings point and Martram Wrights plantation, the price for a man fifteen pence, for a man and horse two shilings and six pence.

      In Essex county, over Rappahanock to Southings ferry, the price for a man six pence, for a man and horse one shiling. From Bowlers to Willowbys, the price for a man one shilling, for a man and horse two shillings. In Richmond county, from Sowthings over Rappahanock river, the price for a man six pence, for man and horse one                   From Willowbys to Bowlers, the price for a man one shilling, for a man and horse two shillings.

      And from Martrum Wrights to Dudlys, the price for man fifteen pence, for a man and horse two shillings six pence.

      And for the more orderly and better keeping thereof,
      Be it enacted by the authority aforesaid, and it is hereby enacted, That the court of each county wherein any ferry is appointed by virtue of this act shall have and hereby hath full power and authority of lycencing allowing and appointing the ferry keeper, and of ordering and directing what boat or boats and hands shall be kept there, and also upon neglect or omision in the County courts empowered to license ferry-keepers and prescribe the number of boats & hands.

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221

LAWS OF VIRGINIA, AUGUST 1702.−−−1st ANNE.


   
good and orderly keeping thereof of discharging and turning out that                                                   in the place. Provided always, that the said court upon appointing                         to keep ferry do take bond with one sufficient surety in the sume of twenty pounds sterling payable to here majesty for the constant and well keeping of the same with boates and hands according to the direction of the said court, and alsoe for the giveing pasages without delay to such publick messengers and expreses as shall be mentioned by this act to be ferry free. And for encouragement of the said ferry keepers in the better keeping of the same, and in consideration of seting over the publick meseages and expresses.


Proviso.
      Be it enacted by the authority aforesaid, and it is hereby enacted, That all the men attending on the said ferry boates shall be free of publick and county levyes and from all other publick services as musters, constables, clearing high wayes, being impresed and other things of the like nature, and shall have their lycence without any fee or reward paid for obtaining the same, or for the petition, bond or other matter or thing whatsoever relateing thereto, and also if the said county court shall find it requisite or usefull that an ordinary be kept at such ferry, then and in such case they are hereby authorised and impowered to lycence such ferry keeper to keep ordinary without any fee either for the lycence or for obtaining the same notwithstanding there be otherwise a sufficient number of ordinaryes in the same county, and moreover that in such case no other person be admited to keep ordinary within five miles of such ferry keeper so lycenced to keep ordinary unless it shall so happen that the place of a county court or land laid out for a towne shall require it. Provided alwayes, and it is the true intent and meaning of this act that when any ferry keeper shall be so lycenced to keep ordinary, the person so lycenced shall notwithstanding the imunityes aforesaid be lyable to such like bonds, securityes and penaltyes as other ordinary keepers are and shall be lyable unto. Privileges, and exemptions of ferry-keepers.













Proviso.
      And also be it enacted by the authority aforesaid, and it is hereby enacted, That if any other person whatsoever for reward shall set any person or persons over any of the rivers whereon ferryes are appointed by this act except necessity of a parrish require it for going to Penalty on others for setting persons over a river or creek, where a ferry is established,

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222

LAWS OF VIRGINIA, AUGUST 1702.−−−1st ANNE.


   
church, he or they so offending shall forfeit and pay for every such offence five pounds current money of Virginia, one halfe thereof to be to the nearest ferryman to the place where such offence shall be committed, and the other halfe to the informer, and if the ferry keeper be the informer, then to have the whole to be recovered with costs by action of debt, bill, plaint or information in any court of record in this her majestyes colony and dominion, wherein no essoigne protection or wager of law shall be allowed. And for explanation of what shall be accounted publick meseageses or expresses within the meaning of this act. except to go to church.
      Be it enacted by the authority aforesaid, and it is hereby enacted, That all expresses which shall be directed for her majestyes service, and signed upon the superscription by the governor or commander in chiefe of this her majestyes colony and dominion for the time being, or by the clerke of the councill for the time being, or that shall be directed for her majestyes service to the governor or commander in chiefe.
Public expresses.
[====== Here the Charles City MS. ends.]

======
      ====== The editor has to regret, that, notwithstanding every possible exertion on his part, he has found it impracticable to supply a chasm in the MSS. from this place, to the commencement of the revisal of 1705, of which he has three MS. copies. He will therefore be compelled to print the title from the edition of 1733, and will give such notes selected from former and subsequent laws, as will shew the subject matter of the act itself, the title of which only is given.

      From this period, the division of the acts into sections, and the numbering of them by chapters, will be pursued, according to the arrangement in the printed revisal of 1733, in which it was probably first introduced; for nothing of the kind appears in any of the MSS. or in Purvis, or the MS. revisal of 1705, or in Beverley's abridgment, printed so late as 1728. Until the year 1690, the acts, in the MSS. were generally numbered, and the references were invariably to such an act of a session. After that period, they were not even numbered, but the references to the acts still continued.]

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223

LAWS OF VIRGINIA, AUGUST 1702.−−−1st ANNE.


   
CHAP. II.

AN ACT for dividing Charles-City county.
      [Prince George county was formed, by this division. See Mercer's Abr. tit. "COUNTIES." −− Charles City was one of the original counties established in 1634; and for many years, rather than submit to a division, the legislature established two courts, the one on the north, the other on the south side of James river. See vol. 1, pa. 224, 426, 497.]
======

CHAP. III.
AN ACT prohibiting seamen being harboured or entertained on shore. Provided for, Ch. 53, 1705. and chap. 17, 1738. [This latter act is unrelated.]
======

CHAP. IV.

AN ACT for raising a Public Levy.

======

AN ORDINANCE for the defence of the Country, in Times of Danger.

======
Signed by       FRANCIS NICHOLSON, Esq. Govr.
PETER BEVERLEY, Speaker.

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AT A

Generall Assembly,

SUMMONED TO MEET AT
HER MAJESTY'S ROIAL COLLEGE OF WILLIAM & MARY

ADJOINING TO THE CITY OF WILLIAMSBURGH,(a)

THE SEVENTEENTH DAY OF MARCH; IN THE

SECOND YEAR OF THE REIGN OF OUR SOVE-

REIGN LADY ANNE, QUEEN OF ENG-

LAND, SCOTLAND, FRANCE, AND

IRELAND, &c.
Francis Nicholson, Esq. Gov.
And by prorogation, begun on the nineteenth day of the said month of March, 1792: And thence continued by several prorogations, to the twentieth day of April, 1704; in the third year of her majesty's reign; and thence by a prorogation, to meet at her majesty queen Anne's roial Capitol, the day following; being the Second Session of this present General Assembly.
======

CHAP. I.
AN ACT to repeal the second act of assembly, made in the year 1664, intituled, An act for the frontiers to be seated with four able hands.
======

CHAP. II.
AN ACT to prevent Indians hunting and ranging upon patented Lands. Repealed, Ch. 25, 1705.
      (b) N.B. The first session of this Assembly, begun the 19th day of March, 1702, and continued to the 10th day of April, 1703, during which Time they were emploied in debating upon her Majesty's Letter for contributing Men and Money for New-York; which was refused, and no act passed.

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225

LAWS OF VIRGINIA, APRIL 1704.−−−3rd ANNE.


   
CHAP. III.
AN ACT for taring and ascertaining the size of Tobacco Hogsheads.       Repealed, Ch. 46, 1705.
======

CHAP. IV.

AN ACT reviving the Impositions on liquors, servant, and slaves, for one year, and no longer.

======

CHAP. V.

AN ACT appointing a Treasurer.

======

CHAP. VI.
AN ACT for removing Criminals from the Goals of the counties where they shall be apprehended, to the Public Goal at Williamsburg.
      Repealed, Ch. 38, 1705.
======

CHAP. VII.
AN ACT for allowing a greater number of Ordinaries.

======

CHAP. VIII. 		      Repealed , Ch. 40, 1705.
AN ACT reviving the act for the better improving the breed of Horses, and for restraining unruly Horses.

======

CHAP. IX.

AN ACT for raising a Public Levy.

======

CHAP. X.

AN ACT for dividing Sittenburn Parish.

======

CHAP XI.

AN ACT for dividing St. Peter's Parish, in New-Kent county. 		Part repealed, by Ch. 15, 1705, and the rest provided for by Ch. 8, 1713.

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226

LAWS OF VIRGINIA, APRIL 1704.−−−3rd ANNE.


   
An ORDINANCE of Assembly for defence of the country in Time of Danger.

======
An ORDINANCE impowereing Mr. Henry Cary to make sale of the Country Houses in the City of Williamsburg.
======
Signed by       FRANCIS NICHOLSON, Esqr. Govr.
PETER BEVERLEY, Speaker.

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AT A

Generall Assembly,

SUMMONED TO MEET AT
HER MAJESTY'S ROIAL COLLEGE OF WILLIAM & MARY

ADJOINING TO THE CITY OF WILLIAMSBURGH,

THE SEVENTEENTH, AND BEGUN THE NINE-

TEENTH OF MARCH 1702; IN THE SECOND

YEAR OF THE REIGN OF OUR SOVE-

REIGN LADY ANNE, BY THE GRACE

OF GOD, OF ENGLAND, SCOT-

LAND, FRANCE, AND IRE-

LAND, QUEEN, DE-

FENDER OF THE

FAITH, &c. 		      Francis Nicholson, Esq. Gov.
And thence by several prorogations, continued and held at Her Majesty's Roial Capitol, the Eighteenth Day of April, 1705; in the Fourth Year of Her Majestys Reign; being the Third session of this Assembly.
======

CHAP. I.

AN ACT permitting the exporting and disposing of Tobacco in old Casks.(a)

======

CHAP. II.

AN ACT for raising a Public Levy.

======

CHAP. III.

AN ACT impowering the Court of King and Queen county, to purchase land for a Town.
      (a) This act had relation to an act passed the last session, for taring and ascertaining the size of tobacco hogsheads

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228

LAWS OF VIRGINIA, APRIL 1705.−−−4th ANNE.


   
CHAP. IV.
AN ACT for the Naturalization of Claude Philip de Richbourg, Francis Ribot, Peter Faurr, John Joanny, James Champaine, and others.
======

AN ORDINANCE of assembly for defence of the country in Times of Danger.

======
Signed by       FRANCIS NICHOLSON, Esqr. Govr.
PETER BEVERLEY, Speaker.

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  Pages 200-215  ======   ======  Pages 229-250

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