Pages 271-287 
|  Pages 309-325
|
| Pages 271-287
| Pages 309-325
|
| CHAP. IX. | ||
| ||
| I. WHEREAS, the most ordinary and ready way for recovery of arrears for rent, is, by distress; and no provision hath yet been made, by the laws of this government, that such distresses may be sold; and by the common law, the same may be only detained as pledges, for enforcing the payment of such rent, and the persons distraining, have little benefit thereby. For the remedying thereof, | (2 W & M. c. 5.) | |
| II. 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 tenth day of December, in the year of our lord one thousand seven hundred and thirty, where any goods, or chattels shall be distrained, for any rent reserved and due, upon any demise, lease, or contract whatsoever, and the tenant, or owner of the goods so distrained, shall not within five days, next after such distress taken, and notice thereof, with the cause of such taking, left at the chief mansion house or other most notorious place on the premises, charged with the rent distrained for, replevy the same, with sufficient security to be given to the sheriff, according to law; that then, in such case, after such distress and notice as aforesaid, and expiration of the said five days, the person distraining, shall and may, with the sheriff, or under sheriff of the county, or with the constable of the parish or place where such distress shall be taken, (who are hereby required to be aiding and assisting therein,) cause the goods and chattels so distrained to be appraised by three good and lawful freeholders of that county; who shall have and receive, for their trouble, twenty five pounds of tobacco, or two shillings and six pence, each. And shall first take the following oath: | Goods, distrained for rent, how disposed of. | |
| I A. B. will well and truly, according to the best of my understanding, appraise the goods and chattels of C. D. distrained on, for rent, by E. F. of which goods and chattels I will take good sight and consideration. So help me God. | Oath of appraise. |
| III. Which oath, such sheriff, under-sheriff, or constable, are hereby impowered and required to administer. And after such appraisement, shall and may lawfully sell the goods and chattels so distrained, for the best price that can be gotten for the same, towards satisfaction of the rent, for which the said goods and chattels shall be distrained, and of the charges of such distress, appraisement, and sale, leaving the overplus, if any, in the hands of the said sheriff, under-sheriff, or constable, for the owner's use. | |
| IV. And be it further enacted, by the authority aforesaid, That upon any pound breach, or rescous of goods, or chattels distrained for rent, the person or persons grieved thereby, shall, in a special action upon the case, for the wrong thereby sustained, recover his and their treble damages and costs of suit, against the offender or offenders, in any such rescous, or pound breach, any, or either of them; or against the owners of the goods distrained, in case the same be afterwards found to have come to his use or possession. | Pound breach or rescous, damages for. |
| V. Provided always, and be it further enacted, That in case any such distress and sale, as aforesaid, shall be made, by virtue or colour of this present act, for rent pretended to be arrear and due, where, in truth, no rent is arrear or due, to the person or persons distraining, or to him or them, in whose name or names, or right, such distress shall be taken, as aforesaid: That then the owner of such goods and chattels distrained and sold, as aforesaid, his executors, or administrators, shall and may, by action of trespass, or upon the case, to be brought against the person or persons so distraining, any, or either of them, his or their executors, or administrators, recover double the value of the goods or chattels so distrained and sold, together with full costs of suit. | Damages & costs, for wrongful distress. |
| VI. And be it further enacted, by the authority aforesaid, That from and after the said tenth day of December, in the year aforesaid, no goods or chattels whatsoever, lying, or being in, or upon any messuage, lands, or tenements, which are, or shall be leased for life or lives, term of years, at will, or otherwise, shall be liable to be taken, by virtue of any execution, or any pretence whatsoever; unless the party at whose suit the said execution is sued out, shall, before the removal of such goods from off the said premises, by virtue of | (8 Ann, c. 14.) Rent to be paid before executions satisfied. |
| such execution or extent, pay to the landlord, or lessor of the said premises, or other person impowered to receive it, all such sum or sums of money, as are, or shall be due for rent, for the said premises, at the time of the taking such goods or chattels, by virtue of such execution. | |
| VII. Provided, That said arrears of rent, do not amount to more than one year's rent: And in case the said arrears shall exceed one year's rent, then the said party, at whose suit such execution is sued out, paying the landlord, or other person impowered to receive the same, one year's rent, may proceed to execute his judgment, as he might have done before the making of this act. And the sheriff, or other officer, is hereby impowered and required, to levy and pay to the plaintiff, as well the money or tobacco so paid for rent, as the execution money. | Proviso. Sheriff to levy both. |
| VIII. And be it further enacted, by the authority aforesaid, That in case any lessee, for life or lives, term of years, at will, or otherwise, of messuages, lands, or tenements, upon the demise whereof, any rents are, or shall be reserved, or made paiable, shall, from and after the said tenth day of December, fraudulently or clandestinely convey or carry off, from such demised premises, his goods or chattels, with intent to prevent the landlord or lessor from distraining the same, for arrears of such rent so reserved as aforesaid; it shall and may be lawful, to and for such lessor or landlord, or any person or persons, by him for that purpose lawfully impowered, within the space of five days next ensuing such conveying away or carrying off such goods or chattels as aforesaid, to take and seise such goods and chattels, wherever the same shall be found, as a distress for the said arrears of such rent; and the same to sell, or otherwise dispose of, in such manner, as if the said goods and chattels had actually been distrained by such lessor or landlord, in and upon such demised premises, for such arrears of rent; any law, custom, or usage to the contrary, in any-wise, notwithstanding. | When goods carried off the premises may be distrained. |
| IX. Provided nevertheless, That nothing in this act contained, shall extend, or be construed to extend, to impower such lessor or landlord to take or seise any goods or chattels so carried off, as a distress for arrears of rent, which shall be sold, bona fide, and for a valuable | Except bona fide sold. |
| consideration, before the seisure made; any thing herein contained to the contrary, notwithstanding. | |
| X. And whereas, no action of debt lies against a tenant for life or lives, for any arrears of rent, during the continuance of such estate for life or lives, Be it enacted, by the authority aforesaid, That from and after the said tenth day of December, it shall and may be lawful for any person or persons, having any rent in arrear, or due upon any lease or demise, for life or lives, to bring an action or actions of debt, for such arrears of rent, in the same manner as they might have done, in case such rent were due and reserved, upon a lease for years. | Debt, for rent, on leases. |
| XI. And whereas, tenants, pour auter vie, and lessees for years, or at will, frequently held over the tenements to them demised after the determination of such leases: And whereas, after the determination of such or any other leases, no distress can, by law, be made for any arrears of rent that grew due on such respective leases, before the determination thereof: | |
| XII. It is hereby further enacted, by the authority aforesaid, That from and after the said tenth day of December, it shall and may be lawful for any person or persons having any rent in arrear, or due upon any lease, for life or lives, or for years, or at will, ended or determined, to distrain for such arrears, after the determination of the said respective leases, in the same manner, as they might have done, if such lease or leases had not been ended or determined. | Rent, distrainable for, after determination of lease. |
| XIII. Provided, That such distress be made within the space of six kalendar months after the determination of such lease, and during the continuance of such landlord's title or interest, and during the possession of the tenant, from whom such arrears became due. | Proviso. |
| XIV. Provided always, and it is hereby enacted and declared, by the authority aforesaid, That nothing in this act contained, shall extend, or be construed to extend, to lett, hinder, or prejudice his majesty, his heirs or successors, in the levying, recovering, or seising any debts, fines, penalties, or forfeitures, that are or shall be due, paiable, or answerable to his majesty, his heirs or successors; but that it shall and may be lawful for his majesty, his heirs and successors, to levy, recover, and seise such debts, fines, penalties, and forfeitures, in the same manner, as if this act had never been made: any thing in this act contained, to the contrary thereof, in any-wise, notwithstanding. | Further proviso. |
| CHAP. X. | ||
| ||
| I. WHEREAS it is found inconvenient, and may prove of evil consequence to this government, if any person shall accept the office of sheriff, or of any place of profit in this government, during the time he shall be a member of the house of burgesses. For prevention thereof, | Preamble. | |
| II. 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 any person, who now is, or hereafter shall be, sheriff of any county within this colony and dominion, shall not be capable of sitting or voting as a member of the house of burgesses; and a writ shall issue, for electing a new member in his stead, in the same manner as if such person were naturally dead. | Sheriffs disabled to sit in the house of burgesses. | |
| III. And be it further enacted, by the authority aforesaid, That every member of the house of burgesses in this present, or any future general assembly, during the time of his being a member thereof, shall, from henceforth, be exempted from being made or appointed sheriff of any county in this colony. | Burgesses exempted from serving as sheriffs. | |
| IV. And be it further enacted, by the authority aforesaid, That if any person being a member of the house of burgesses, shall hereafter accept any office of profit whatsoever, in this government, or hold the same in his own name, or in the name of any other person in trust for him, or for his use and benefit, or shall execute by himself, or his deputy, any such office or place; such person shall be incapable of sitting or voting as a member of the house of burgesses; and a writ shall issue for electing a new member in his stead, in the same manner, as if such person were naturally dead. And if any person hereby disabled, or declared to be incapable to sit or vote in the house of burgesses, shall nevertheless presume to sit or vote as a member thereof, in any general assembly; such person so sitting or voting, shall forfeit the sum of fifty pounds lawful money: To | Burgess accepting any office of profit, his election void. Penalty on persons disqualified, for sitting and voting. |
| 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 declared to be disable to sit and vote in the house of burgesses, by reason of his accepting such office of profit, shall and may be capable of being again elected. | May be re-elected. |
| CHAP. XI. | |
| An Act for encouraging the making of Linen Cloth. | |
| I. FORASMUCH, as the making & manufacturing of 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 the country will not afford them sufficient maintenance and support. Wherefore, for the encouragement thereof, | Preamble. |
| II. 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 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. | Premium for making linen cloth. |
| III. And be it further enacted, by the authority aforesaid, 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 of the county levy, annually to allow | How paid. |
| 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. | Proof, how made. |
| 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. | Suspending clause. |
| CHAP. XII. | |
| An Act for restraining the taking of excessive Usury. | |
| I. FORASMUCH as the settling of interest at a reasonable 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 | Preamble. |
| 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-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That no person or persons whatsoever, from and after the twenty ninth day of September, in the year of our lord one thousand seven hundred and thirty, upon any contract to be made after the said twenty-ninth 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, which, after the time aforesaid, upon any contract to be 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 greater 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. | (12 Car. 2. c. 13.) Rate of interest 6 per cent. Penalty for exceeding. |
| III. And be it further enacted, by the authority aforesaid, 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 | Brokerage. |
| broakage, soliciting, or procuring, the loan or 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. | ||
| ||
| I. WHEREAS, 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 bringing | Recital of act of 1727. |
| 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 iron-works are erected: | |
| 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 passing of this act, all persons whatsoever, other than the persons emploied in such iron works already erected, 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. | Privilege of persons employed in iron-works. |
| III. Provided nevertheless, and it is the true intent 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. | Public roads. |
| IV. And for the better enabling adventurers in iron-works, to carry on the same, Be it further enacted, by | Timber for, & for bridges, may be taken. |
| the authority aforesaid, That the owners or chief managers of such works respectively, have full power and authority from time to time, to cut down, take, and use so much wood and timber adjoining, or contiguous to the roads already laid out, or which shall hereafter be appointed, for the benefit and conveniency of such iron-works, by the county courts, pursuant to the directions of the aforesaid act of assembly, as shall be necessary for the making and repairing convenient bridges on the said roads. | |
| V. Provided always, That such owner, or chief manager, shall make satisfaction to the proprietors of such timber, as shall exceed fifteen inches in diameter, at the butt end of the tree: And that in case, the value thereof, cannot be agreed upon, between the owner, or chief manager, of any such iron work, and the proprietor of such timber, or his or her attorney; then, upon application made by such proprietor, or his or her attorney, to any justice of the peace of the county, wherein such timber shall be taken, the said justice is hereby impowered and required, to order and appoint three honest, disinterested freeholders of such county, to value the same on oath in current money, without fee or reward; and report such valuation to the said justice, or some other justice of that county: And such owner or chief manager of such iron-work, shall, thereupon be compellable to pay such valuation to the proprietor of such timber, or his or her attorney. | When it shall be paid for. |
| VI. Provided also, That nothing in this act contained, shall be construed, deemed, or taken, to give liberty to any owner or chief manager, of any such iron-work, to cut down, take, or use any timber that shall be fit to make clap-board, without the consent of the proprietor thereof first had and obtained. | Certain timber excepted. |
| VII. And as a further encouragement to adventurers in iron-works, Be it enacted, by the authority aforesaid, That all persons whatsoever, which, from and after the passing of this act, shall be emploied in and about the building and carrying on such iron-work, or the cutting of wood, making of coal, raising of oar, or any other thing necessary, for the carrying on, and compleating such design, during the time of their being so emploied, be exempted from serving in the militia, at any general or private muster, except in the case of an invasion, insurrection, or rebellion. And that all and | Workers in iron exempted from militia duty. |
| every person and persons now emploied, or hereafter to be emploied, in manner aforesaid, in and about any iron-work already erected, shall, during the time of their being so emploied, be exempted and discharged from service in the militia, at any such muster, (except as before is excepted.) | |
| VIII. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, all tithable persons that shall be emploied in and about the building and carrying on any such iron-work, or the cutting of wood, making of coal, raising of oar, or any other thing, necessary for the carrying on, and compleating such design as aforesaid, shall be subject to the paiment of parish and county levies. And that all such tithable persons as shall be so emploied in any such iron-works already erected, shall for the term of seven years next after the passing of this act, be exempted and discharged from the paiment of public levies. And that all such tithable persons as shall be emploied in manner aforesaid, in any iron-works hereafter to be erected, shall, for the like term of seven years, from and after the beginning of such works respectively, be likewise exempted and discharged from the paiment of public levies; any thing in the aforementioned act of assembly, to the contrary hereof, notwithstanding. | Levies to be paid by them and repaid by the public. |
| IX. Provided nevertheless, That the adventurers in such iron-works as are already erected, shall, for the term of seven years, next after the passing of this act, be allowed, and have credit in the public levy, for so much tobacco, as such parish and county levies shall amount unto: And that the adventurers in such iron-works as shall hereafter be erected, shall, for the like term of seven years, from and after the beginning of those works respectively, have the like allowance and credit in the public levy. | Proviso. |
| X. Provided also, That the persous hereby intended to be entitled to the aforesaid exemption from public levies, and to the allowance and credit aforesaid, shall have, receive and enjoy the same, under the like provisoes and restrictions as are mentioned and expressed in the act of assembly aforesaid, and annexed to the exemption thereby granted, from the paiment of levies; and not otherwise. | Further proviso. |
| XI. And be further enacted, by the authority aforesaid, That the aforesaid act of assembly, intituled, An Act for encouraging Adventurers in Iron-Works, for so mnch thereof as is not in and by this present act altered, or made void, be, and the same is, hereby confirmed and established. | Confirmation of former act. | |
| CHAP. XIV: | ||
| ||
| I. WHEREAS it hath been found by experience, that one act of assembly made in the seventh year of the reign of our late sovereign lord king George the first, intituled, An Act for the supply of certain defects found in an act prescribing the method for appointing Sherifs, is very useful and necessary; and it is since determined and expired: | Former act made perpetual. | |
| II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said act, made in the said seventh year of the reign of our said late lord the king, and every the clauses, articles, and sentences therein contained, shall be, and are hereby revived, and made perpetual. | ||
| CHAP. XV. | ||
| An Act for raising a Public Levy. | ||
| I. 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 the sum of ten pounds and an half pound of tobacco, be paid by every tithable person, not exempted therefrom by law, within this his majesty's colony and dominion of Virginia, for the defraying and paiment of the public charge of the country; being the public levy, from the first day of February, one thousand seven hundred and twenty seven, to the one and twentieth day of May, one thousand seven hundred and thirty. | Taxes for 1730. |
| And that it be paid by the collectors of the several counties to the several persons t whom it is proportioned by this General Assembly. And if it shall happen, that there shall be more tithables in any county, than the present levy is laid on, then such county shall have credit for so much, to the use of the county; and if there shall happen to be fewer tithables in any county, then such county shall bear the loss. | ||
| CHAP. XVI. | ||
| ||
| I. WHEREAS, by an act of assembly, made in the eighth year of the reign of our late lord king George the first, intituled, An Act for encouraging the making of Tar and Hemp, It is enacted, That the sheriff or under-sheriff of every county, wherein any hemp shall be made, being first duly sworn before the court of such county so to do, shall truly weigh all hemp made within his county, and duly certify unto the said court the true quantity thereof, together with the name or names of the makers or owners; and shall, at the time of weighing every person's hemp, give a certificate to the owner, of the quantity by him then weighted; and that at the time the same was weighed, it was water-rotted, bright, and clean: And for such his trouble, have and receive from the maker or owner, the sum of five shillings per tun; and so in proportion, for a larger or less quantity. And whereas the method prescribed by the said act, for obtaining such certificate as aforesaid, is found very inconvenient and troublesome to the makers or owners of hemp: For making the same more easy, 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 any justice of the peace, or constable, of any county wherein any hemp shall hereafter be made, may and shall, upon the application and request of the maker or owner thereof, truly weigh all such | Preamble. Hemp, how weighed, so as to entitle the maker to bounty. |
| hemp as to him or them shall be offered, and desired to be weighted, as aforesaid; and shall receive the same reward for his trouble; and shall give such certificate to the owner thereof, as by the said act is directed: And moreover, shall duly certify to the county court, the quantity of hemp by him as aforesaid weighed; together with the name or names of the makers or owners thereof. And he, she, or they, making such oath as by the said act is required, and that the hemp mentioned in such certificate hath been weighed by some justice of the peace, or constable, of the county where the same was made; the clerk of the said county is hereby required to certify the same, and the true quantity thereof. And upon the producing such certificate to the governor or commander in chief of this colony, for the time being, the maker thereof shall be entitled to receive the bounty in the said act mentioned, in the same manner as if the same had been weighed by the sheriff or under-sheriff of the county, according to the directions of the aforesaid act; any thing therein contained, to the contrary hereof, in any wise, notwithstanding. | |
| II. And whereas William Byrd, esq. did obtain a certificate from the court of Henrico, dated in December, one thousand seven hundred and twenty nine, upon the oath of Edward Booker, gentleman, for receiving the bounty upon twenty six gross hundreds of hemp, made pursuant to the directions of the said act; when the said certificate ought, by the letter of the said act, to have been made, upon the oath of the sheriff, or under-sheriff; by reason of which mistake, the said William Byrd could not receive the bounty: Be it therefore enacted, by the authority aforesaid, That the sum of five pounds four shillings, out of the public money, in the hands of the treasurer, be paid to the said William Byrd; being the bounty given by the said act, for the quantity of hemp aforesaid. | Allowance to William Byrd. |
| CHAP. XVII. | |
| An Act for erecting a new County on the Heads of Stafford and King George Counties. | |
| I. WHEREAS divers and sundry inconveniences attend the upper inhabitants of the said counties, by reason of their great distance from their respective court-houses, and other places, usually appointed for public meetings: Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and immediately after the twenty fifth day of March, one thousand seven hundred and thirty one, all the land, on the heads of the said counties, above Chopawansick Creek, on Potomack river, and Deep run, on Rappahannock river, and a south-west line to be made, from the head of the said Deep run, be divided and exempt from the said counties, and from all dependences, offices, and charges, for, or in respect thereof; and also discharged from all duties whatsoever, relating to the same; and be made a distinct county, and shall be called, & known by the name of Prince William county. And for the due administration of justice, Be it further enacted, by the authority aforesaid, and it is hereby enacted, That after the time aforesaid, a court, for the said county of Prince William, be constantly held by the justices thereof, upon the third Wednesday in every month, in such manner, as by the laws of this country, is provided, and shall be, by their commission, directed. And whereas, the said counties have considerable claims from the public for killing of wolves, Be it also enacted, by the authority aforesaid, That each of the said counties respectively, shall contribute their proportions of the said claims, to the inhabitants taken out of the said counties, into the county of Prince William, according to their number of tithables. | Prince William county formed. Court days. |
| CHAP. XVIII. | |
| An Act for making a new Parish, on the land of Overwharton Parish, in Stafford County. | |
| I. WHEREAS many inconveniences attend the parishoners of Overwharton parish, in the county of Stafford, by reason of the great length thereof: Be it therefore enacted, by the Lieut. 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 first day of January, which shall be in the year of our lord one thousand seven hundred and thirty, the said parish of Overwharton be divided into two distinct parishes, by Chopawansick creek, & a south-west line to be made from the head of the north branch of the said creek, to the parish of Hanover; and that all that part of the said parish, which lies below the said bounds, shall, forever thereafter, remain, be called and known by the name of Overwharton: And that all that other part of the said parish, which lies above the said bounds, shall thereafter be called, and known by the name of Hamilton: And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of Hamilton, meet at the church above Occoquan ferry, in their said parish, on the said first day of January, and there elect and choose twelve of the most able and discreet persons of their parish, to be vestrymen for their said parish; which vestrymen so chosen as aforesaid, having taken the oaths appointed by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestry of the said parish. And whereas, the inhabitants of the new parish have born a great part of the charge and expence of the building and repairing of the glebe of the parish of Overwharton, and other houses belonging thereto; and how, by the division thereof, must be at the charge of purchasing land for a glebe, and building convenient houses on the same, Be it enacted, by the authority aforesaid, That the vestry of the said parish of Overwharton, as it shall be, after the division, at the laying their next parish levy, shall raise a levy, for the use of the said new parish, the sum of ten thousand pounds of tobacco, |
| and cask, towards the purchasing them a glebe; and shall cause the same to be paid convenient to some navigable river or creek, within their said parish. | |
| CHAP. XIX. | |
| An Act for dividing the Parish of Saint George, in the County of Spotsylvania. | |
| I. WHEREAS many inconveniences attend the parishoners of Saint George parish, in the county of Spotsylvania, by reason of the great length thereof: Be it therefore enacted, by the Lieut. 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 first day of January, which shall be in the year of our lord one thousand seven hundred and thirty, the said parish of Saint George, be divided into two distinct parishes: From the mouth of the Rappidan, to the mouth of the Wilderness run; thence up the said run, to the bridge; and thence south west to Pamunky river: And that all that part of the said parish, which lies below the said bounds, shall forever thereafter remain, be called, and known, by the name of Saint George parish: And that all that other part of the said parish, which lies above the said bounds, shall thereafter be called, and known, by the name of Saint Mark. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of Saint Mark, meet at the church in Germanna, in their said parish, on the said first day of January, and there elect and choose twelve of the most able and discreet persons of their parish, to be vestrymen for their said parish; which vestrymen, so chosen, as aforesaid, having taken the oaths appointed by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken, to be the vestry of the said parish. And whereas, the vestry of the parish of Saint George, having lately levied a considerable quantity of tobacco, towards purchasing land for a glebe, and building houses thereupon; Be it enacted, by the authority aforesaid, That the vestry of the said parish, as it shall be after the division, shall repay to the inhabitants |
| of the new parish, their proportion of the said tobacco, according to their number of tithables. | ||
| CHAP. XX. | ||
| ||
| CHAP. XXI. | ||
| ||
| CHAP. XXII. | ||
| ||
| CHAP. XXIII. | ||
| An Act to prevent Swine running at large, within the limits of the Town of Hampton. | ||
| CHAP. XXIV. | ||
|
| CHAP. XXV. | ||
| ||
| ||
| CHAP. XXVI. | ||
| ||
|
| ||
| CHAP. XXVII. | ||
| ||
|
| ||
| CHAP. XXVIII. | ||
|
| CHAP. XXIX. | ||
| ||
| Signed by WILLIAM GOOCH, ESQ. Governor. JOHN HOLLOWAY, Speaker. |
| Pages 271-287
| Pages 309-325
|