Pages 395-419 
|  Pages 441-462
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| Pages 395-419
| Pages 441-462
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| CHAP. XLIII. An Act Continuing the Act directing the building the Capitol and the city of Williamsburg; with additions. | |
| I. WHEREAS by an act made at a General Assembly begun at James City the twenty-seventh day of April, and in the eleventh year of his late Majesty's reign, entituled, An Act directing the building the Capitol, and the City of Williamsburg, it is enacted, that Whereas the state-house where the general assemblies and general courts for this his majesty's colony and dominion of Virginia, were kept and held, hath been unhappily burnt down; and it being of absolute necessity that another building be erected, with all the expedition possible, for the convenient sitting and holding of the general assemblies and courts, at a healthy proper and commodious place, suitable for the reception of a considerable number and concourse of people, that of necessity must resort to the place where the general assemblies will be convened, and where the council and supreme court of justice for his majesty's colony and dominion will be held and kept: | Preamble. |
| And forasmuch as the place commonly called and known by the name of Middle Plantation, hath been found by constant experience, to be healthy, and agreeable to the constitutions of the inhabitants of this his majesty's colony and dominion, having the natural advantage of a serene and temperate air, dry and champaign land, and plentifully stored with wholesome springs, and the conveniency of two navigable and pleasant creeks, that run out of James and York rivers, necessary for the supplying the place with provisions and other things of necessity, | Williamsburg to be built at Middle Plantation. |
| II. Be it enacted, by the governor, council and burgesses of this present general assembly, and the authority thereof, and it is hereby enacted, That four hundred seventy-five foot square of land, lying and being at the said Middle Plantation, which hath been already agreed | Ground appropriated. |
| upon by his excellency the governor, council and burgesses, of this present general assembly, to be taken up and surveyed, as a convenient place for such uses, be the ground appropriated to the only and sole use of a building for the general assemblies and courts to be held and kept in: And that the said building shall forever hereafter be called and known by the name of the Capitol, of this his majesty's colony and dominion of Virginia; and that the space of two hundred foot of ground, every way from the said capitol, shall not be built upon, planted, or occupied, forever, but shall be wholly and solely appropriated and kept for the said use, and to no other use or purpose whatsoever. | Capitol. |
| III. And be it further enacted by the authority aforesaid, and it is hereby enacted, That the said capitol shall be erected an built in manner and form according to the rules and dimensions following, viz. That the said building shall be made in this form and figure H, that the foundation of the building shall be four bricks thick, up to or near the surface of the ground; and that the walls of the said building, from thence, shall be three bricks and a half thick, to the water table; and from the water table, to the top of the first story, three bricks thick; and from thence to the top of the second story, two bricks and a half thick; the length of each side or part of which building shall be seventy-five foot, from inside to inside; the breadth thereof, twenty-five foot from inside to inside; and the first story of each part or side, shall be fifteen foot pitch, one end of each side or part of which shall be semi-circular, and the lower rooms at the said end, fifty foot long, and shall be parted by a wall, from the rest of the building, each side or part; which other part shall be divided into four divisions, whereof one to be for a large and handsome staircase: That the middle of the front, on each side of the said building, shall have a circular porch, with an iron balcony upon the first floor over it, and great folding gates to each porch, of six foot breadth both; and that four galleries shall be in the room below, that shall be called to the general court house; the upper story of each side to be ten foot pitch, and be divided as shall be directed by the committee appointed to revise the laws: That the two parts of the building shall be joined by a cross gallery of thirty foot long, and | Form and dimensions. |
| fifteen foot wide each way, according to the figure herein before specified, raised upon piazzas, and built as high as the other parts of the building; and in the middle thereof, a cupola to surmount the rest of the building, which shall have a clock placed in it; and on the top of the said cupola shall be put a flag upon occasion: That the windows to each story of the building, shall be sash windows, and that the roof shall be a hip roof, with dormant windows; and shall be well shingled with ciprus shingles; and that the great room below, of each building, shall be laid with flag stones: One part or side of which building, shall be, and is hereby appropriated to the sue of the general court, and council, for the holding and keeping of the said general court, and council therein, and the several offices thereto belonging; and the other part or side of the said building, shall be and is hereby appropriated to the use of the house of burgesses, and the officers thereof, and to no other use or uses whatsoever. | To what uses appropriated. |
| IV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the committee appointed for the revisal of the laws, are hereby impowered and required, from time to time, to inspect and oversee the said building, until it shall be finished; and to covenant and agree with such and so many undertakers or overseers of the said building, as they shall think fit, and to give such necessary orders and directions, therein, from time to time, as they shall see cause for the carrying on, furtherance and finishing of the said work, according to the said rules and dimensions; and that the said committee be likewise empowered, by virtue of this act, on the public account and risque, to send for, out of England, iron-work, glass, paint, stone and all other materials, as they shall think necessary, for and towards the carrying on and finishing the said building. | Committee appointed. Materials. |
| V. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the said committee as often as they shall have occasion for money for the sues aforesaid, shall, from time to time, apply themselves to the governor, or commander in chief, for the time being, to issue out his warrant to the treasurer of this his majesty's colony and dominion, requiring him to pay so much money as they shall have occasion for, | Money appropriated. |
| not exceeding the sum of two thousand pounds sterling; who is hereby impowered and required to deliver and pay the same to the said committee, upon such warrant: Which said sum or sums, the said committee shall account for to the next meeting of the assembly, and also make report of their proceedings in the building of the said Capitol. | How accounted for. |
| IV. And for as much as the general assemblies, and general courts, of this his majesty's colony and dominion, cannot possibly be held and kept at the said capitol, unless a good town be built and settled adjacent to the said capitol, suitable for the accommodation and entertainment of a considerable number of persons, that of necessity must resort thither: And whereas, in all probability, it will prove highly advantageous and beneficial to his majesty's roial college of William & Mary, to have the conveniencies of a town near the same, | Town. |
| VII. Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That two hundred eighty-three acres, thirty-five poles and a half of land, situate, lying and being at the Middle Plantation, in James City and York counties, bounded according to a draught, plot, or survey made, by the order of the governor, council and burgesses, of this present general assembly, and now lying in the assembly-office of his majesty's colony and dominion, shall be and is hereby reserved and appropriated for the only and sole use of a city to be there built, and erected, and to no their use, intent, or purpose whatsoever. | Land appropriated for a city. |
| VIII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That two hundred and twenty acres of the said land, according to the bounds of the aforesaid draught or plot, shall be and is hereby appointed and set a-part for ground, on which the said city shall be built and erected, according to the form and manner laid down in the said draught or plot; which said city, in honour of our most gracious and glorious king William, Shall be forever hereafter called and known by the name of the city of Williamsburg: And fifteen acres, forty-four poles and a quarter, of land, according to the aforesaid draught or plot be and is hereby appointed and set a-part for a road or way from the said city, to the creek commonly called or known by the name of Queen's creek, running into | For building. Williamsburg. Queen's Road. |
| York river: And fourteen acres, seventy-one poles and a quarter of land, according to the aforesaid draught or plot, lying on the said Queen's creek, shall be and is hereby appointed and set a-part for a port, or landing place, for the said city of Williamsburg, on the said creek; which said port or landing place, in commemoration of the late Queen Mary, of blessed memory, shall forever hereafter be called and known by the name of Queen Mary's port; and the afore-mentioned road or way leading thereto, shall be called Queen's road: And ten acres forty two poles and a half of land, according to the aforesaid draught or plot, shall be and is hereby appointed and set a-part for a road or way from the said city of Williamsburg, to the creek commonly called and known by the name of Archer's Hope creek, running into James river; which said creek, shall forever be known by the name of Princess creek: And twenty three acres, thirty-seven poles, and a half, of land, according to the aforesaid draught or plot lying upon the said Princess Creek, shall be and is hereby appointed and set a-part for a port or landing place, for the said city of Williamsburg, on the said creek; which said port or landing place, in honour of her roial highness the Princess Anne of Denmark, shall be called and known by the name of Princess Anne port forever hereafter; and the afore-mentioned road or way leading thereto, shall be called Princess road. | Queen Mary's port. Princess Road. Princess Ann port. |
| IX. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the ground or land, by virtue of this act, set a-part for the use of the said city of Williamsburg, shall be laid out and proportioned into half acres; every of which half acre shall be a distinct lot of ground, to build upon, in manner and form as is hereafter expressed; (that is to say,) That whosoever shall build in the main street of the said city of Williamsburg, as laid out in the aforesaid draught or plot, shall not build a house less than ten foot pitch, and the front of each house shall come within six foot of the street, and not nearer; and that the houses in the several lots in the said main street shall front alike; which said street, in honour of his highness William Duke of Gloucester, shall forever hereafter be called and known by the name of Duke of Gloucester street: And that the other streets and lanes shall be built in such | Size of lots. Streets & building. |
| manner, and according to such rules and orders as shall be given and made by the directors, by virtue of this act; hereafter appointed, or by the incorporation of the Mayor, Aldermen, and Commonalty of the City of Williamsburg. | |
| X. And to the end, reasonable satisfaction may be paid, allowed, and given, for all such land and ground, as by virtue of this act is taken up, and appropriated to the use aforesaid, | |
| XI. Be it enacted, by the authority aforesaid, and it is hereby enacted, That his excellency the governor, or the governor or commander in chief, for the time being, is hereby impowered and desired to issue out his warrants to the several sheriffs of James City, York, and New Kent counties commanding them respectively to impannel four of the most able and discreet freeholders in each of their bailiwicks, no ways concerned in interest in the said land, or any ways related to the owners or proprietors thereof, to meet at such time, as he shall think fit; who shall be sworn by such person or persons as he shall appoint; and upon their oaths, value and appraise the said land or ground, in so many several and distinct parts and parcels, as shall be owned and claimed therein, by several and distinct owners, proprietors, and claimers thereof: and after such valuation and appraisment so made, the said jury shall forthwith return the same under their hands and seals, to the secretary's office of this his majesty's colony and dominion: And after such valuation and return made as aforesaid, the feoffees or trustees, by virtue of this act, hereafter appointed, shall enter; and immediately upon such entry made, the said feoffees or trustees, and every of them, shall be vested with, and seized of and in, a pure, absolute, perfect, and indefeasible estate of inheritance in fee, in trust to and for the intents, uses, and purposes hereafter mentioned; and shall be binding and effectual in law, (without further or other act or acts) to all intents and purposes, against all and every the said owners, claimers and proprietors, (whether they be capable of consenting thereto, or disabled by nonage, coverture, intail, or other impediments,) and all and every their heirs, executors, administrators and assigns, forever, or any claimer or pretender thereto. | Property in land, how acquired. |
| XII. Provided always, and be it further enacted, by the authority aforesaid, and it is hereby enacted, That the said jury, in the said valuation, shall have due regard to the respective interests and estates in the same; and shall make a valuation and estimation thereof, accordingly. | |
| XIII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That Lewis Burwell, Philip Ludwell, Junior, Benjamin Harrison, Junior, James Whaley, Hugh Norwell, and Mongo Ingles, Gentlemen, shall be and are hereby nominated and appointed Feoffees or Trustees of the land appropriated to the uses aforesaid: Which said Feoffees or Trustees, in the manner aforesaid, shall have, hold, and enjoy, a good, pure, absolute, and indefeasible estate in fee, of and in the aforesaid two hundred eighty-three acres, thirty-five poles and a half of lane; in special trust and confidence, to and for the uses hereafter mentioned, (that is to say) to the uses, intents and purposes, that the said Feoffees and Trustees, or any two or more of them, shall, out of two hundred and twenty acres of the said land hereby appropriated for the use of the said city of Williamsburg, convey and assure, in fee, unto any person requesting the same, and paying the said Feoffees or Trustees, the first cost of the purchase thereof, and fifty per cent. advance, one or more half acre, or half acres, of the said land or ground, by such good and sufficient deed and assurance, in the land, unto such person or persons, their heirs and assigns, for ever, as by such person or persons, or their council learned in the law, shall be required. | Trustees. Their interests. Sales by them. |
| XIV. Provided always, and be it further enacted, by the authority aforesaid, and it is hereby enacted, That if such grantee, his heirs or assigns, shall not, within the space of twenty-four months, next ensuing the date of such grant, begin to build, and finish, on each half acre or lot so granted, one good dwelling house, containing twenty foot in width, and thirty foot in length, at the least (if in the main street, called Duke of Gloucester street, of ten foot pitch, and within six foot of the street,) if in any other place, according to the rules and directions that shall be given by the directors hereafter appointed; that then such | Condition as to building. |
| grant and conveyance, so made, shall be utterly void, and null in law; and the lands therein granted, liable to the choice and purchase of any other person or persons, and shall be immediately re-invested in the said Trustees and Feoffees, to the uses aforesaid, in as full and ample manner, as if the same had never been disposed of. | |
| XV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the costs and charges of the purchase of the said two hundred eighty-three acres, thirty-five poles and a half of land, shall be paid and satisfied by the public, at the next session of assembly, to the several and respective proprietors and owners thereof, according to the valuation and appraisement made, in manner as is before expressed: And also, that the aforesaid Feoffees and Trustees shall render an account of the produce and profits of the several half acres, or lots of land, by them sold, in manner aforesaid, to the next general assembly; which shall be then allowed and disposed of, for the reimbursement of the public, in the first purchase of the said land; and until the same be fully paid and reimbursed, and to no other use, intent, or purpose whatsoever. | Proprietors of land, how paid. Trustees to account. |
| XVI. Provided always, and be it further enacted, by the authority aforesaid, and it is hereby enacted, That in case of the death, removal out of the country, or into remote parts, or other legal disability, of one or more of the said Feoffees or Trustees, his excellency the governor, or the governor or commander in chief, for the time being, is hereby impowered and desired to nominate such and so many Feoffees or Trustees, as shall, from time to time, be under the number of six: which said Feoffees or Trustees, so nominated and appointed, shall be immediately vested with equal right and title to the aforesaid land and ground, to the uses aforesaid, as the Feoffees or Trustees appointed by virtue of this act, might or could have, or as if they were by this act particularly nominated and appointed. | Vacancies in trustees, how supplied. |
| XVII. Provided likewise, and be it further enacted, by the authority aforesaid, and it is hereby enacted, That the lots at the aforementioned ports or landings shall be proportioned at the discretion of the directors hereafter |
| after mentioned: Provided, That each lot shall not exceed sixty foot square; which said lots shall be disposed of in manner aforesaid, and the produce thereof to be accounted for, by the said Feoffees or Trustees, in manner as is before expressed; any thing in this act to the contrary, in any wise, notwithstanding. | Size of lots, at ports. |
| XVIII. Provided also, That a sufficient quantity of land at each port or landing place shall be left in common, at the discretion of the directors hereafter appointed. | Common. |
| XIX. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That it shall and may be lawful to and for his excellency the governor, and to and for his majesty's governor or commander in chief of this his majesty's colony and dominion, for the time being, by letters patents, under the seal of this his majesty's colony and dominion, to incorporate all and every person and persons, who, from time to time, or at any time hereafter, shall have an interest, freehold or habitation, in the said city, to be one body politic and corporate, by the name of the mayor, aldermen, and commonalty of the city of Williamsburg; and by that name, to have perpetual succession, and a common seal; and that they, and their successors, by the name aforesaid, shall be able and capable in law, to have, purchase, receive, enjoy, possess, and retain to them and their successors forever, any lands, rents, tenements, and hereditaments, of what kind, nature, or quality soever; and also to sell, grant, demise, alien, or dispose of the same: and by the same name, to sue and implead, be sued and impleaded, answer, and be answered, in all courts of record, and any other place whatsoever: and from time to time, under their common seal, to make and establish such bylaws, rules and ordinances, (not contrary to the laws and constitutions of England, and this his majesty's colony and dominion,) as shall by them be thought requisite and necessary for the good ordering and government of such persons as shall, from time to time, reside within the limits of the said city and corporation, or shall be concerned in interest therein; and by the name aforesaid, to do and execute all and singular other matters and things, that to them shall or may appertain to do. | Power of incorporating in habitants. Their capacity. |
| XX. And that there may not be any defect in the good ordering or management of the said land appropriated by this act, for the building of the said city, and in providing for the better regulation thereof, until the next meeting of assembly, | |
| XXI. Be it enacted, by the authority aforesaid, and it is hereby enacted, That his Excellency Francis Nicholson, esq. his majesty's lieutenant and governor-general of Virginia, Edmund Jenings, esq. of his majesty's honourable council, Philip Ludwell, esq. and Thomas Ballard, gentlemen, members of the right worshipful house of burgesses of this present general assembly, Lewis Burwell, Philip Ludwell, Junior, John Page, Henry Tyler, James Whaley, and Benjamin Harrison, Junior, gentlemen, or any five, or more of them, shall be and are hereby nominated, authorized, and impowered, by the name of the directors appointed for the settlement and encouragement of the city of Williamsburg, to make such rules and orders, and to give such directions in the building of the said city and ports, not already provided for by this act, as to them shall seem best and most convenient. | Directors. |
| XXII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That his excellency the governor, or the governor or commander in chief of this his majesty's colony and dominion, for the time being, is hereby impowered and desired, by letters patents, under the seal of this his majesty colony and dominion, to grant unto the said city of Williamsburg, the liberty and privilege of holding and keeping such and so many markets and fairs, at such time and times, and upon such conditions, and under such limitations, as he shall think fit. | Markets and fairs. |
| XXIII. Provided always, and be it further enacted, by the authority aforesaid, and it is hereby enacted, That no lot or lots of any half acre, or half acres of land, shall be sold or disposed of, to any person or persons whatsoever, before the twentieth day of October next ensuing the date of this act: To the end, that the whole country may have timely notice of this act, and equal liberty in the choice of the lots. | When lots to be sold. |
| XXIV. Now, forasmuch as several ports and clauses recited in the aforesaid act, are not executed, others necessary to remain in force, and for confirming every | Former law confirmed. |
| thing already done, by any person or persons whatsoever, by virtue of, and pursuant to, the aforesaid act, Be it enacted, by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That the afore-recited act, and every part and clause thereof, be and are hereby declared to be in full force. | |
| XXV. And be it further enacted, If any person shall hereafter take a grant of two lots, or half acres of land, upon the great street of the said city, commonly called Duke of Gloucester street, and within the space of four and twenty months next ensuing such grant, upon the said lots or half acres, or either of them, shall build and finish one house fifty foot long and twenty foot broad, or within the space aforesaid upon the said lots, or half acres, or either of them, shall build and finish one brick house, or framed house, with two stacks of brick chimnies, and cellars under the whole house, bricked, forty foot long, and twenty foot broad, either of the said performances, shall be sufficient to save the grant of both the said lots, or half acres, from becoming void, and shall be so adjudged, deemed, and taken; any law, usage, or custom heretofore, to the contrary, notwithstanding. | Encouragement for building on Duke of Gloucester street. |
| XXVI. And if any person shall hereafter take a grant of two lots, or half acres of land, upon the great street of the said city, and one or more lots, or half acres backward, and within the space of four and twenty months next ensuing such grant, upon the lots or half acres contiguous to the great street, or either of them, shall build and finish in ordinary framed work, as much dwelling house, as will make five hundred square feet superficial measure, on the ground plat, for every lot, or half acre taken up; or within the space aforesaid, upon the said two lots, or half acres, or either of them, shall build and finish in brick work, or framed work, with brick cellars under the whole, and brick chimnies, as much dwelling housing, as will make four hundred square feet superficial measure on the ground plat, for every lot, or half acre taken up, either of the said performances shall be sufficient to save the grant of all and every of the said lots, or half acres, from becoming void, and shall be so adjudged, deemed, and taken; any law, usage, or custom heretofore, to the contrary, notwithstanding. | On other streets. |
| XXVII. Provided always, That the building of one house be the dimensions thereof never so large, shall not save more than two lots, or half acres, on the great street; and that whatever lots, or half acres more, the builder is willing to take a grant of, shall be taken backwards. | |
| XXVIII. And be it further enacted, That every person having any lots, or half acres of land, contiguous to the great street, shall inclose the said lots, or half acres, with a wall, pails, or post and rails, within six months after the building, which the law requires to be erected thereupon, shall be finished, upon penalty of forfeiting and paying five shillings a month for every lot or half acre, so long as the same shall remain without a wall, pails, or rails, as aforesaid: To be recovered before any justice of the peace of York or James City county, upon the complaint of any one of the trustees or directors, and to be disposed of by the directors as they shall think fit, for the use and benefit of the said city and ports thereunto belonging. | Lots, when to be inclosed. |
| XXIX. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That none of the lots, or half acres of land in the city of Williamsburg, whereon any houses were standing, at the laying out of the said city, shall vest in the said feoffees and trustees of the said city, to be disposed of, as the rest of the lots, and half acres may be, by virtue of the said act, made at a general assembly begun at James City, the twenty-seventh day of April, one thousant six hundred ninety-nine, intituled, An act directing the building the capitol, and the city of Williamsburg; but that all and every of the said lots and half acres, shall remain and continue the proper estate of the respective proprietors unaltered by the said act, and so shall be adjudged, deemed, and taken; any thing in the said act to the contrary, or seeming to the contrary, notwithstanding. | Proviso as to lots formerly laid out. |
| XXX. And be it also enacted, That the four lots, or half acres, which at the first laying out of the land for the said city, were laid out and appropriated for the buildings then erected on the same, by Benjamin Harrison, jr. esq. shall remain and continue to the use of the said Benjamin Harrison, his heirs and assigns, and shall not lapse for want of other building thereon; any thing in this act to the contrary, notwithstanding. | Saving to Benjamin Harrison. |
| XXXI. And whereas, by the death, removal out of the country, or into remote parts, of several of the persons nominated directors in the afore-recited act, and the refusal of others to concern themselves therein, the powers and authorities to them granted, have not been so fully executed as was intended; and it being necessary, for the better regulating and ordering the building of the said city of Williamsburg, that a competent number of directors be appointed and continued to inspect the same: | |
| XXXII. Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That his excellency Edward Nott, esq. her majesty's lieutenant and governor general of Virginia, Edmund Jennings, Philip Ludwell, William Byrd, and Benjamin Harrison, jr. Esqrs Henry Tyler, David Bray, Frederick Jones, Archibald Blair, Chichley-Corbin Thacker, and William Robertson, gentlemen, or any five, or more of them, be, and they are hereby authorised and impowered, by the name of the directors of the settlement and encouragement of the city of Williamsburg, from time to time, and at all times hereafter, until the said city shall be erected into a corporation, in manner aforementioned, to direct and order the laying out the lots and streets of the said city, where the bounds and marks thereof are worn out, to lay out a convenient space of ground for the Churchyard, to enlarge the market-place, and to alter any of the streets or lanes thereof, where the same are found inconvenient; and also to settle and establish such rules and orders for the more regular and orderly building of the houses in the said city, as to them shall seem best and most convenient. | Other directors. |
| XXXIII. Provided always, That the main street, called Duke of Gloucester street, extended from the capitol, to the utmost limits of the city westward, 'till it joins on the land belonging to the college, shall not hereafter be altered, either in course or dimensions thereof. | Main or D. of Gloucester street not to be altered. |
| XXXIV. And be it further enacted, That in case of the death, removal out of the country, or other legal disability, of any one or more of the directors before named, it shall and may be lawful for the surviving or remaining directors, from time to time, to elect and chuse so many other persons, in the room of those so | Vacancies in directors, how supplied. |
| dead or removed, as shall make up the number of ten; which directors so chosen, shall be, to all intents and purposes, vested with the same power, as any other in this act particularly nominated and appointed. | |
| CHAP. XLIV. An act for confirming titles to town lands. | |
| I. WHEREAS an act made at a general assembly, begun at James city, the sixteenth day of April, one thousand six hundred ninety and one, intituled, An act for ports, &c. stands suspended: And forasmuch as, pursuant to the said act, divers tracts of land have been purchased, and laid out for ports and towns, in the respective places appointed by the said act, and vested in trustees; many of which have conveyed lots, or half acres therein, to several persons, who have built thereon, and have made considerable improvements: | Preamble. |
| II. Be it enacted, by the governor, council and burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That where any county or counties have purchased, laid out, and paid for any lands, for ports or towns, pursuant to the said act, for ports, &c. or to any other act of assembly, and have vested the same in feoffees or trustees or trustees so invested, are hereby declared to have a good, absolute, and indefeasible estate in fee, in such lands respectively, which have not been disposed of by the former trustees, in trust and confidence, to and for the uses in the said act for ports, &c. mentioned, and for no other use or purpose whatsoever; and the said land or lands are hereby confirmed to the said feoffees or trustees, in fee, to such use or uses; any thing in the said suspension, or any other law, statue, usage, or custom, to the contrary, in any-wise, notwithstanding. | Titles to town lands confirmed. |
| III. And be it further enacted, That where any county or counties, pursuant to the said act for ports, or any other act of assembly, have purchased, laid out, and paid for fifty acres of land, and the same, by the death, or refusal of the proprietor, or other accident, | Trustees to be appointed. |
| hath not been conveyed to trustees, according to the said law or laws; such land or lands shall be and are hereby confirmed to such feoffees or trustees, as hereafter, by virtue of this act, shall be appointed by the county courts, to and for the uses aforesaid, in as full and ample manner, as if the said land or lands, had been really and actually conveyed in law, by such proprietors to such feoffees or trustees, in manner, as by the said law for ports, is expressed. | |
| IV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any country, the feoffees or trustees already appointed, by virtue of the said act for ports, be dead, or departed out of this country, the county court of such respective county is hereby impowered and required to appoint other feoffees or trustees, who are hereby invested and confirmed in the fee of all such land or lands (not by former trustees disposed of) to the use or uses aforementioned, and to no other use or purpose whatsoever: and all feoffees or trustees, by virtue of the said act for ports, &c. already made, are hereby impowered and required, in their respective county, to convey and make over any lot or lots, half acre or half acres of land, to such person or persons as shall desire to take up the same, according to the said act for ports, and upon the conditions therein specified, as if the said act for ports had never been suspended; any law, statute, usage, or custom, to the contrary notwithstanding. | Vacancies how supplied. |
| V. And be it further enacted, That if any person or persons have purchased and paid for any lot or lots, half acre or half acres of land, in any of the said places, of any feoffees or trustees, pursuant to the said law, and have fully complied with the conditions in the said law mentioned and set down; such persons in the said law mentioned and set down; such person or persons are hereby declared to be invested with, and have a good, absolute, and indefeasible estate in fee, to such lots or lots, half acre or half acres of land; and the same is hereby confirmed in fee to such person and persons, and to his and their heirs forever. | Purchasers confirmed in their titles. |
| CHAP. XLV. An act for Naturalization. | |
| I. WHEREAS nothing can contribute more to the speedy settling and peopling of this her majesty's colony and dominion, than that all possible encouragement should be given to persons of different nations to transport themselves hither, with their families and stock, for to settle, plant, or reside, by investing them with all the rights and privileges of any of her majesty's natural free-born subjects within this colony: | Preamble, see vol. 2, tit. "Naturalization." |
| II. Be it therefore enacted, by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That it shall and may be lawful for the governor, or commander in chief of this colony and dominion, for the time being, by a public instrument, or letters patents, under the broad seal thereof, to declare any alien or aliens, foreigner or foreigners, being already settled, or inhabitants in this colony, or which shall hereafter come to settle, plant, or reside therein, upon his, her or their taking, before him, the oaths appointed by act of parliament to be taken, instead of the oaths of allegiance and supremacy, the oath mentioned in an act, intituled, An act to declare the alterations in the oath appointed to be taken by the act, intituled, An act for the further security of his majesty's person, and the succession of the crown in the protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and secret abettors, and for declaring the association to be determined, and subscribing the test, to be, to all intents and purposes, fully and completely naturalized; and that all persons having such public instrument, or letters patents, shall, by virtue of this act, have and enjoy to them, and their heirs, the same immunities and rights, of and unto the laws and privileges of this colony and dominion, as fully and amply as any of her majesty's natural-born subjects have or enjoy within the same, and as if they themselves had been born within any of her majesty's realms or dominions; any former act, law, ordinance, usage, or custom, to the contrary, notwithstanding. | Aliens how naturalized. |
| III. And to the intent, the said public instrument, |
| or letters patents, under the broad seal of this colony, as aforesaid, may be obtained, without any great difficulty or charge, | |
| IV. Be it further enacted, That the governor, or commander in chief of this colony and dominion, granting such public instrument or letters patents, shall have and receive for the same, forty shillings, and his clerk, for writing of it, ten shillings, and no more. | Fees to governor. |
| V. And whereas several aliens and foreigners, that have formerly transported themselves to this her majesty's colony and dominion, and have taken up and patented, in their own name, several parcels of land, or otherwise made purchase of lands, houses, tenements, or other real interest, and have afterwards sold the same to some of her majesty's liege people, or inhabitants of this colony and dominion, | |
| VI. It is hereby further enacted, That all persons which have purchased and held, under any such alien or aliens, any lands, houses, or tenements, be secured, and by virtue of this present act, for ever, be confirmed in the quiet and peaceable possession of the said purchases, unto them and their heirs for ever; any former law, usage, or custom, to the contrary, in anywise, notwithstanding. | Land purchased of aliens, confirmed. |
| VII. Provided, That nothing in this act contained, shall be construed to enable or give power or privilege to any foreigner, to do or execute any matter or thing, which by any of the acts made in England, concerning her majesty's plantations, he is disabled to do or execute. | Proviso, as to privileges of aliens. |
| CHAP. XLVI. An act for improving the staple of Tobacco; and for regulating the size and tare of tobacco hogsheads. | |
| I. BE it enacted, by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, and declared, by the authority of the same, That all tending of seconds, for tobacco, is hereby forbid: and that whosoever shall tend, or cause or suffer to be tended any seconds, shall forfeit and pay five hundred pounds of tobacco for every tithable person he | Penalty for tending seconds. |
| shall have or employ that year, upon the plantation were the second shall grown. | |
| II. Provided, That where any person or persons, shall entrust his or their plantation or plantations, and the servants and slaves thereon, to the management of an overseer, being a free man, the owner of such plantation, servants and slaves, shall not be liable to prosecution, for any breach of this act: but such overseer, tending, or causing or suffering to be tended, any seconds, shall incur the said penalty of five hundred pounds of tobacco, for every tithable person that shall be employed that year, upon the plantation under his charge, where such seconds shall grow, as aforesaid. | On overseers. |
| III. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That whosoever shall hereafter pack, or cause to be packed, any hogshead of tobacco, they pack or caused the same to be packed fairly, and without deceit, and equally good throughout, as it appears at the head. And that if any person or persons whatsoever, shall pay away, or put to sale, or offer to pay away, or put to sale, any hogshead of tobacco, which he hath deceitfully packed, by putting thereinto any stones, or intermingling therewith any dirt, sand, tobacco-stocks, stems, seconds, ground leaves, or other trash whatsoever, shall forfeit, for every hogshead so deceitfully packed, one thousand pounds of tobacco. | Penalties for exposing to sale, deceitfully packed. |
| IV. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That when any plaint or information shall be made, or suit brought, to any court, concerning the false packing of a hogshead of tobacco, the court shall forthwith appoint two or three men, who are reputed to be skilful planters, to search and view the said hogshead of tobacco; and to make report, upon oath, to the court, how they find the same; and whether, in their opinions, it be vairly packed, as this act directs: And their report therein, shall be admitted as good evidence at the trial. | Viewers. |
| V. Provided, That five pounds weight, and no more, be allowed in one hogshead, for sand, dust, and mean tobacco, (to wit,) such tobacco as is not passable by itself, without better joined with it. | Abatement. |
| VI. And be it also enacted, by the authority aforesaid, and it is hereby enacted, That if any creditor shall omit to demand or receive a tobacco debt, by the last day of January, it shall be lawful for the debtor, at any time in February, to apply himself to two justices of the peace of the county, to make a tender of the tobacco he owes, according to the tenor of the tobacco he owes, according to the tenor of the specialty or bargain by which it appears due: Which said two justices shall be and are hereby impowered and required, to appoint, without delay, three honest and able men of the neighbourhood, on their oaths, to view the tobacco; and if they find it merchantable, and packed fairly, according to the direction of this act, they shall weigh and mark the same for the use of the creditor, on whose account and hazard it shall thereafter lie. And upon producing certificate from the said justices, of the said tender, to the next county court, and that, the tobacco is found good, and fairly packed, as the law directs, the said court is hereby authorised and impowered by their order, to discharge the debtor from his said debt. | Tender of tobacco, in payment. |
| VII. Provided, The said tender was made in place according to specialty: And Provided, That the said debtor still endeavour to secure and preserve the said tobacco as before the tender, and as it were still his own. | Proviso. |
| VIII. And be it enacted, by the authority aforesaid, and it is hereby enacted, That the debtor making tender, as aforesaid, shall bear and defray the charge accruing thereby: And that each viewer shall be allowed twenty pounds of tobacco per day. | Allowance to viewers. |
| IX. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That every tobacco hogshead, in which tobacco shall be packed, paid away, or put to sale, shall be made of dry and well seasoned timber, and which hath been hewed three months at least before the setting up; and shall be set up in strong and substantial hoops; the stave shall be in length forty-eight inches, and no more, and at least one third of an inch in thickness, on the thinnest edge thereof; the size of the head on the inside shall be thirty inches in diameter, and no more. | Size and quality of tobacco casks. |
| X. And be it enacted, by the authority aforesaid, and it is hereby enacted, That all and every cooper and | Coopers to be sworn. |
| coopers, or other persons intending to set up tobacco hogsheads, do go before a justice of the peace for the county where he dwells, and make oath, that he shall not willingly or wittingly set up any tobacco hogsheads of a larger size than is herein directed: And also to tare, or cause to be tared, with a marking-iron, or branding-iron, every tobacco hogshead that by him shall be set up, with the true weight thereof, on the bulge and head of the hogshead; together with the first letter of his proper name and sir-name: And shall take a certificate from the said justice, of such oath so made. And if any person or persons shall employ any negro, mulatto, or other servant, in making tobacco hogsheads, such emploier shall go before a justice of the peace for the county where he or she dwells, and make oath, That he or she so employing the said negro, mulatto, or other servant, shall not willingly nor wittingly, suffer or permit any tobacco hogsheads to be set up for them, of a larger size than is herein directed; but shall use their utmost endeavours to prevent the same: and also, that what hogsheads by such negro, mulatto or other servant, shall be made or set up for him or her proper name and sir-name set thereon, in manner aforesaid: And shall also take a certificate from the said justice, of such oath made. | Others to take an oath. |
| XI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any cooper, coopers, or any other person or persons, set up tobacco cask, contrary to this act; or shall pay away, put to sale, or put, or cause to be put on board any boat, sloop, ship, or other vessel, in order to exportation, any tobacco whatsoever, packed in cask of a greater size than is herein before expressed and set down; or that is made of less seasoned timber or staves, thinner than before directed; or that is not tared with their just weight, as before in this act is enjoined; or shall presume to set the tare upon any hogshead, before oath made, and a certificate obtained, as aforesaid, such cooper or coopers, other person or persons, if free, and if not, the emploier shall, for every tobacco hogshead so made, paid away, put to sale, or shipped, forfeit and pay the sum of five hundred pounds of tobacco; one moiety of all the fines and forfeitures in this | Penalty for setting up casks, contrary to this act. Fines appropriated. |
| act before mentioned, shall be to our sovereign lady the queen, her 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, with costs, by action of debt, bill, plaint, or information, in any court of record in this her majesty's colony and dominion, wherein, no essoin, protection, or wager, of law, shall be allowed. | |
| XII. Provided always, That every justice of the peace before whom complaint of the breach of this act shall be brought, shall be and is hereby impowered to consider what any tobacco hogshead, after it hath lain some time packed, may, by the moisture of the tobacco, or weather increase in weight; and give judgment accordingly. | Allowance for moisture. |
| XIII. And also be it enacted by the authority aforesaid, and it is hereby enacted, That the buyer or receiver of tobacco in cask, shall receive and take the same at the tare thereon set, and allow thirty pounds of tobacco for each hogshead, notwithstanding any bill, bond, or contract expressing the same, to be paid with cask; on penalty of one hundred and fifty pounds of tobacco, paiable to the informer; and recoverable, with costs, upon complaint, before any justice of the peace of the county. | Allowance for cask. |
| XIV. Provided, That neither this act, nor any thing therein contained, shall be construed to extend to contracts, grants, rents, or reservations of cask, with the tobacco upon leases, for lands; but that the cask shall and may be paid, received, demanded, sued for, and recovered, according to the conditions, contracts, grants, and reservations of the rents, upon such leases. | Proviso, as to rents. |
| XV. Provided also, That this act, nor anything herein contained shall be construed or intended to restrain or prohibit any person or persons from freighting or shipping of their own tobacco in hogsheads of a lawful size, although the hogsheads be not tared, nor any oath made thereto, according to this act, the freighter or freighters, owner or owners of the said tobacco, neither directly nor indirectly exposeing the same to sale in the country. | And persons shipping their own tobacco. |
| XVI. Provided always, That the sheriffs and collectors of public dues, shall allow, for all public tobaccos paid in hogsheads, to the paier thereof, eight per cent. for cask, instead of the thirty pounds of tobacco per hogshead, it being so raised in the public proportions, as hath of a long time been accustomed; any thing in this act to the contrary, in any-wise, not withstanding. | Allowance by public collectors. |
| XVII. And be it further enacted, by the authority aforesaid, That all and every act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to improving the staple of tobacco, and regulating the size and tare of tobacco hogsheads, is and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made. | Repealing clause |
| This act was confirmed by the Queen, in council, Anno 1707. | |
| CHAP. XLVII. | |
| An act to prevent ships sailing in contempt of embargos. | See chap. 2 of May 1702. |
| I. FORASMUCH, as several masters of ships and vessels in this colony and dominion, have in comtempt of embargos, sailed out of the colony; and that such practices may be of dangerous consequence, by a discovery of the state of the colony, and the trade here, in case any ship or vessel so sailing, should happen to be taken by the enemy; | Preamble. |
| II. Be it therefore enacted, by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That all masters of ships or vessels, when they make their entry, shall give bond to the naval officer, according to the burthen of their ships or vessels, as followeth; if the ship or vessel be under one hundred tons, the bond shall be for one hundred pounds sterling; if one hundred tons, and not two hundred tons, the bond shall be for two hundred pounds sterling; if two hundred tons and upwards, the bond shall be for five hundred pounds sterling: To all which bonds, the condition shall be, not to depart this colony, when any embargo is laid, during the continuance of such embargo; and also to observe and follow such rules and directions as shall | Bonds to be given by masters of ships. |
| be thought necessary to be given by the government, for the making up of fleets. | |
| III. Provided always, and it is the true intent and meaning of this act, When any embargos are laid on ships and vessels within this dominion, that the collectors or naval officers, upon receipt of the order for such embargo, shall forthwith give notice to the several masters of ships and vessels within their respective districts, of the said embargo, and the time of the continuance thereof; and that no bond whatsoever required and given, by virtue of this act, shall be adjudged, deemed, or taken to be forfeited, unless notice hath been given, as aforesaid, and breach be made of the condition of the said bond, after such notice; any thing in this act to the contrary, or seeming to the contrary, notwithstanding. | Notice of embargoes to be given. |
| IV. And be it enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to any matter or thing whatsoever within the purview of this act, is and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
| Pages 395-419
| Pages 441-462
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