Pages 340-356 
|  Pages 380-402
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| Pages 340-356
| Pages 380-402
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| CHAP. XIII. | |
| An Act to prevent frivolous and vexatious Suits: And to regulate Attorneys practising in the County Courts. | |
| I. FOR relief of his majesty's good subjects, against causeless and unjust suits; and for the better enabling them to recover their just rights: | Preamble. |
| II. Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same. That where several persons shall be made defendants in any action of trespass, assault, false imprisonment, or ejectione firmœ, and any one or more of them, shall be upon the trial thereof, acquitted by verdict, every person or persons so acquitted, shall have and recover his costs of suit, in like manner, as if a verdict had been given against the plaintiff or plaintifs, and acquitted all the defendants, unless the court before whom such cause shall be tried, shall be satisfied, that there was a reasonable cause for the making such person or persons defendant or defendants to such action, and shall order it otherwise; and that in all actions of trespass, assault and battery, wherein the court before whom the trial shall be, shall not be satisfied, and enter upon the record, that the battery was sufficiently proved, or that the freehold, title, or interest of land, mentioned in the plaintif's declaration, was or might have been in question, or that the trespass was wilful or malicious; and in all other personal actions, if the jury find under forty shillings, the plaintiff shall not recover more costs than damages; and if more costs are awarded, the judgment shall be void, and shall be amended, upon a motion at any time by the court who shall award the same; and the party injured shall be redressed as to such costs so wrongfully awarded, in case the same shall be levied upon him: And if in any action commenced in a county court, for the recovery of any debt whatsoever, upon a promise, or by simple contract, upon the trial thereof it shall appear, that there is not twenty shillings due to the plaintiff, he shall be nonsuited, and pay the defendant his costs; unless the plaintiff shall make it appear to the court, and the court shall enter it upon the record, that the defendant did refuse or unjustly delay to settle his accounts with the plaintiff; any other act to the contrary, | One defendant acquitted, in trespass, &c. to recover costs.
When no more costs than damages. Plaintiff nonsuited, if less than 20 found due. |
| notwithstanding: And in such case, the plaintiff shall recover the money found due to him, with his costs: And in all cases, where the judgment shall be given for the defendant, he shall have judgment to recover his costs against the plaintiff, and have execution for the same. | Defendant, to recover costs, |
| III. Provided always, That nothing herein contained, shall be construed to alter the laws in being, as to executors or administrators, in such cases where they are not at present liable to the paiment of costs of suit. | Proviso, as to executors and administrators, |
| IV. And be it further enacted, That in all actions where the plaintiff shall happen to die after an interlocutory judgment, and before a final judgment obtained therein, the said action shall not abate, if such action might be originally prosecuted or maintained by the executors or administrators of such plaintifs; and if the defendant die after such interlocutory judgment, and before a final judgment therein obtained, the said action shall not abate, if such action might be originally prosecuted or maintained, against the executors or administrators of such defendant; and the plaintiff, or if he be dead after such interlocutory judgment, his executors or administrators, shall and may have a scire facias against the defendant, if living, after such interlocutory judgment, or if he died after, then against his executors or administrators, to shew cause why damages in such action should not be assessed, and recovered by him or them; and if such defendant, his executors or administrators, shall appear at the return of such writ, and not shew or alledge any matters sufficient to arrest the final judgment, or being returned, warned, or upon two writs of scire facias, it be returned, that the defendant, his executors or administrators, had nothing whereby to be summoned, or could not be found in the county, shall make default, That thereupon, a writ of inquiry of damages shall be awarded; which being executed, judgment final shall be given for the said plaintiff, his executors or administrators, prosecuting such writ or writs of scire facias against such defendant, his executors or administrators: And if there be two, or more plaintifs or defendants, and one or more of them should die, if the cause of such action shall survive to the surviving plaintiff or plaintifs, or against the surviving defendant or defendants, the writ or action shall proceed at the suit of the surviving plaintiff or plaintifs, against the surviving | When suit shall not abate by death, Scire facias, Death of one plaintiff or defendant, Death of plaintiff or defendant, after verdict, |
| defendant or defendants: And in all actions real, personal, or [and] mixed, if either party shall die between verdict and judgment, such death shall not be pleaded in abatement, but judgment shall be entered, as if both parties were living: And if the plaintiff in any county court, shall desire an execution to issue, returnable at a further day than is at present allowed, the clerk of such court shall issue the same accordingly, so as the day of such return be upon a court day, within ninety days next after the teste thereof. | Executions, how returnable. |
| V. And be it further enacted, That in all actions upon any bond, or on any penal sum for non performance of any covenants or agreements, in any indenture, deed, or writing contained, the plaintiff or plaintifs may assign as many breaches as he or they shall think fit; and the jury, upon trial of such action or actions, shall and may assess such damages for such of the said breaches so to be assigned, as the plaintiff upon the trial of the issues shall prove to have been broken; and that the like judgment shall be entered on such verdict, as heretofore has been usually done in such action: And if judgment shall be given for the plaintiff, on a demurrer, or by confession, or nihil dicit, the plaintiff upon record, may suggest as many breaches of the covenants and agreements as he shall think fit; upon which a jury shall be summoned, to enquire of the truth of every one of those breaches, and to assess the damages that the plaintiff shall have sustained thereby, and execution shall issue for so much, and such judgment shall remain as a security to the plaintiff, his executors and administrators, for any other breaches which may afterwards happen; and he or they may have a scire facias against the defendant, and assign any other breach; and thereupon damage shall be assessed, and execution issue as aforesaid, toties quoties; And in all actions which shall be brought upon any bond or bonds, for the paiment of any sum of money, wherein the plaihtiff shall recover, judgment shall be entred for the penalty of such bond, to be discharged by the paiment of the principal and interest due thereupon, and the costs of suit; and execution shall issue upon such judgment accordingly; or if before judgment, the defendant shall bring into court the principal and interest due upon such bond, he shall be discharged, and judgment in that case shall be entred only for the costs: And the defendant in any action | Actions, on bonds, for performance of covenants. Judgments on bonds, how entered. Payment, |
| of debt, on single bill, or in debt, or scire facias upon a judgment, and in debt upon bond, if before action brought he hath paid the principal and interest due by the defeasance or condition, may plead paiment in barr. | when pleadable. |
| VI. And whereas, the provision made by one act of the general assembly, made in the first year of the reign of his present majesty, For the more speedy and easy recover of small debts, has been very much neglected in the county courts, and the more tedious and expensive method of an action hath been pursued: Be it further enacted, Where the debt demanded, shall not exceed the sum of five pounds current money, or one thousand pounds of tobacco, the plaintiff shall proceed by petition, in the summary method by that act directed, and not otherwise; and if any plaintiff shall demand a greater sum, on purpose to evade this act, such plaintiff shall be nonsuited and pay costs. | Petitions & summons. |
| VII. And whereas the number of unskilful attorneys, practising at the county courts, is become a great grievance to the country, in respect to their neglect and mismanagement of their clients causes, and other foul practices: for preventing the same for the future, | |
| VIII. Be it enacted, by the Lieut. Governor, Council and Burgesses, of this present General Assembly, and by the authority of the same, That no person or persons whatsoever, shall, after the tenth day of November now next ensuing, practise as an attorney, in any county court, or other inferior court in this colony, without a licence first obtained from the governor and council, or the governor or commander in chief, and the council, for the time being, of this colony and dominion; upon pain of forfeiting forty shillings for every cause they shall prosecute or defend in such court; one moiety to his majesty, his heirs and successors, for defraying the contingent charges of this government; and the other moiety to the informer: To be recovered by action of debt, in any court of record. | Attornies, not to practice, without license. |
| IX. And be it further enacted, That the following method shall be observed and pursued in the obtaining such licence; (that is to say,) The person desiring such licence, shall present his petition to the governor and council, for the time being, setting forth his qualifications; and such petition shall be referred to such person | Licences, how obtained. |
| or persons, learned in the law, as the governor and council shall think proper; and upon such reference, the person or persons so appointed, shall have full power and authority to examine the petitioner, and to report his or their opinion, of the fitness or unfitness of such petitioner, for the office of an attorney, as the matter shall appear to him or them; and upon such report, the governor and council shall licence or reject such petitioner accordingly: And every person obtaining such licence, before he shall be admitted to practice as an attorney in any county court, or other inferior court shall before every such court, take the oaths by law appointed to be taken, instead of the oaths of allegiance and supremacy, and shall take and subscribe the oath of abjuration, and subscribe the test; and shall also take the oath of an attorney, as followeth, viz. | |
| YOU shall do no falshood, nor consent to any to be done in the court; and if you know of any to be done, you shall give notice thereof to the justices of the court, that it may be reformed: You shall delay no man for lucre or malice, nor take any unreasonable fees: You shall not wittingly or willingly sue, or procure to be sued, any false suit, nor give aid nor consent to the same, upon pain of being disabled to practice as an attorney for ever. And furthermore, you shall use your self in the office of an attorney within the court, according to your learning and discretion. So help you God. | Oath of attorney. |
| X. And if any attorney shall act contrary to his duty herein directed, the governor and council shall have power, upon complaint, and proof thereof, made before them, to supersede any license before by them granted to such attorney, and to suspend him from his office for a time, or disable him for ever, as they shall think just. And the clerk of the council, for every licence so to be granted, shall receive for his trouble, twenty shillings, and no more. | Attorney may be suspended. |
| XI. And be it further enacted, That if any attorney, in any county court, or other inferior court, shall wittingly or willingly be guilty of any neglect in any cause the court before whom such cause shall be depending upon proof thereof made, shall have power and authority | When to pay costs. |
| to order such attorney to pay all the costs occasioned by such neglect. | ||
| XII. Provided always, That this act, or any thing therein contained, shall not be construed to extend to any attorney, who at the time of passing thereof, is a practiser in the general court, or to any counsellor or barrister at law, whatsoever. | Proviso, as to Counsellors, or Barristers at law. | |
| CHAP. XIV. | ||
| ||
| I. WHEREAS the ferries already appointed by law are not sufficient, 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 ferries be constantly kept at the places herein after named; and that the rates for passing the said ferries, and transportation of goods and merchandises, be as follow, (that is to say,) | ||
| On James River. | ||
| From Bermuda-Hundred Point, in the county of Henrico, to the City
Point, in the county of Prince George, the price for a man one shilling, and for an horse one
shilling. And from the City-Point to Shirley Hundred, at the Ship Landing, in the county of Charles-City, the price for a man one shilling, and for an horse one shilling. From Shirley-Hundred at the Ship Landing, to Bermuda-Hundred Point, the price for a man six pence, and for a horse six pence. And from the said Ship Landing, to the City-Point, in Prince George County, the price for a man one shilling, and for a horse one shilling. From the land of Stephen Woodson, in the county of Goochland, over the river to the Manacon-Town, the price for a man three pence, and for an horse three pence. And from the land of Mr. Henry Cary, called Warwick, in the county of Henrico, over the river to |
New ferriages established. |
| land of one Bailey, the price for a man three pence, and for an horse three pence. | |
| On Appomatox River. | |
| From Henry Batts's in the said county of Henrico, over the river to Alexander Bolling's, in the county of Prince George, the price for a man three pence, and for an horse three pence. | |
| On Nottoway River, | |
| From the land of Thomas Drew, in the county of Isle of Wight, over
the river to the land of Doctor Samuel Brown, the price for a man three pence, and for an horse
three pence. And over the said river, at Bolton's ferry, on the land of John Simmons, gentleman, the price for a man three pence, and for an horse three pence. | |
| On Rappahanock River, | |
| From Thomas Stanton's, over the river, in the county of
Spotsylvania, the price for a man three pence, and for an horse three pence. And from George Henry's landing, over the said river, to Thomas Stanton's, the price for a man three pence, and for an horse three pence. At Philemon Cavenaugh's ford, in the said county of Spotsylvania, the price for a man three pence, and for an horse three pence. From the wharf just above the mouth of Massaponax-Creek, in the county of Spotsylvania, over the river to the landing opposite thereto, upon Mr. Ball's land, in the county of King George, the price for a man three pence, and for an horse three pence. | |
| And on Potowmack River, | |
| Just below the mouth of Quantico-Creek, over the river, to the landing-place at colonel George Mason's in Maryland, the price for a man one shilling and six pence, and for an horse one shilling and six pence. | |
| II. And be it further enacted, by the authority aforesaid, That the licences for keeping the said ferries, shall be obtained in the same manner, and the keepers |
| thereof have such exemptions and advantages, and be under the like regulations and restrictions, as is and are by law provided, for and in respect of the keepers of public ferries, heretofore settled and appointed. | |
| III. And for the encouragement of the keepers of the ferries by this act appointed, to provide convenient boats for the transportation of coaches, carts, and waggons, Be it enacted, by the authority aforesaid, That it shall and may be lawful, for the courts of the counties wherein such ferries shall be kept, to direct and appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons, and other wheel-carriages; and that when such boats shall be so provided and kept, it shall and may be lawful for the keepers of such ferries, to demand and take for the ferriage and transportation of such wheel-carriages, the following rates, (to wit,) For every coach, chariot, or chaise with four wheels, or waggon, the same as for the ferriage of six horses, according to the rates herein before settled, at such ferries respectively: and for every two-wheel chaise, or cart, the same as for the ferriage of four horses, according to the said rates, and no more. | |
| CHAP. XV. | |
| An Act for altering the place for holding Courts in the County of Spotsylvania. | |
| I. WHEREAS the place for holding courts in the county of Spotsylvania, is appointed and fixed at Germanna, and it is found by experience, that great inconveniences attend the justices and inhabitants of the said county, and others whose attendance is required, or who have business to transact at the said courts, for want of accomodation for themselves and their horses, which by reason of the fewness of the inhabitants for many miles round the said place, cannot be had: | Court of Spotsylvania removed from Germanna to Fredericksburg. |
| 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 from and after the first day of August, next after the passing of this act, the court for the aforesaid county be constantly kept and held at the town of Fredericksburg, |
| in that county, on the first Tuesday in every month; any law, or usage, to the contrary, notwithstanding. | ||
| III. And be it further enacted, by the authority aforesaid,, That when hereafter the said county shall be divided & made two distinct counties, the inhabitants of the lower county shall, by virtue of this act, be obliged to reimburse to the inhabitants of the upper county, their proportion of the charge and expence of building and erecting the court-house, prison, pillory, and stocks, at the said town of Fredericksburg: And the court of the said lower county, are hereby impowered and required to levy the same, on the tithable persons in that county. | ||
| CHAP. XVI. | ||
| ||
| I. WHEREAS, an act was made the last session of assembly, that 'from and after the first day of January, which should be in the year one thousand seven hundred and thirty, the parish of Saint George, in the county of Spotsylvania, should be divided into 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 below the said bounds, should remain and be called by the name of Saint George parish; and that all that part of the said parish above the said bounds, should thereafter be called Saint Mark: | ||
| II. And whereas, after the passing the said act, and before the first day of January, when the same took effect, the vestry of Saint George parish did levy upon the tithables within the limits of the said parish of Saint Mark, eleven thousand eight hundred and ninety eight pounds of tobacco, for building a glebe-house in the said parish of Saint George; which the vestry of Saint George's parish refuse to raise, refund, and pay back to the parish of Saint Mark, alledging that they are not impowered by law so to do; and the vestry of |
| the said parish of Saint Mark, by their humble petition, have prayed to be relieved by the general assembly, in the premises: | ||
| III. 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 eleven thousand eight hundred and ninety eight hundred and ninety eight pounds of tobacco, shall be levied and raised by the vestry of the said parish of Saint George, at their next parish levy, on the tithable persons of the said last mentioned parish; which shall be paid to the vestry of the said parish of Saint Mark, and be by them disposed of, for and towards lessening their parish levy. | ||
| CHAP. XVII. | ||
| An Act for altering the days for holding the Courts of Richmond and Westmoreland Counties. | ||
| I. WHEREAS the days appointed by law, for holding the courts of Richmond and Westmoreland counties, are by experience found to be inconvenient: | Court days of Richmond & Westmoreland counties altered. | |
| 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 from and after the last day of October next, the court of the said county of Richmond, be constantly held on the first Monday; and the court of the said county of Westmoreland, on the last Tuesday in every month, any law, or usage, to the contrary, notwithstanding. | ||
| CHAP. XVIII. | ||
| ||
| I. WHEREAS, by reason of the great length of the parishes of North-Farnham, Sittenburg, Hanover, and Hamilton, in the counties of Richmond, King George, and Prince William, the inhabitants of those parishes do lie under divers inconveniences: |
| 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 first day of November, the aforesaid county of Richmond, be divided into two distinct parishes; by Totaskey, and the Cross Creek thereof, to colonel John Tayloe's mill, and up that mill branch, to the Forest-Quarter road, and by that road till it intersects with Westmoreland county: And that all that part of the said county of Richmond, which lies below the said bounds, shall, for ever thereafter retain, and be called, and known, by the name of North-Farnham: and above those bounds, shall thereafter be called and known by the name of Lunenburg. | Two parishes formed in Richmond county. |
| III. And that from and after the said first day of November, the aforesaid county of King George, be also divided into two distinct parishes; from the bounds of Prince William county, at Deep Run, to the head of the Dogue Swamp, and down that swamp to Rappahanock river; and that all that part of the said county of King George, which lies below the said bounds, shall, for ever thereafter, be called and known by the name of Hanover: And all that other part of the said county, which lies above those bounds, shall thereafter be called and known by the name of Brunswick. | Two in King George. |
| IV. And that from and after the said first day of November, the aforesaid county of Prince William be likewise divided into two distinct parishes; by the river Ockoquan, and Bull Run, (a branch thereof) and a course from thence to the Indian Thoroughfare of the Blue Ridge of Mountains; and that all that part of the said county of Prince William, which lies below the said bounds, shall, for ever thereafter; retain, and be called, and known by the name of Hamilton: And all that other part of the said county, which lies above those bounds, shall thereafter be called and known by the name of Truro. | Two in Prince William. |
| V. And be it further enacted, by the authority aforesaid, That all and every the persons, who are now the vestrymen of the undivided new parishes of North-Farnham, Hanover, and Hamilton, shall be and continue vestrymen of the new parishes wherein they shall respectively reside after the division aforesaid: And that for compleating the number of vestrymen in the |
| said several parishes hereby established, the freeholders and housekeepers of the said parishes, respectively, shall and do meet, at some convenient time and place, to be appointed and publickly advertised, by the sheriff of the county wherein the parish lies, before the first day of November, one thousand seven hundred and thirty two, and there elect and choose such, ans so many, of the most able and discreet persons of their parish, as will make the number of vestrymen in each parish, twelve, and no more: Which vestrymen, so continued and elected, 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 vestries of the said parishes respectively. | |
| VI. And be it further enacted, by the authority aforesaid, That the glebe, at present belonging to the aforesaid parish of Hanover, be sold, within two years after the passing of this act, by the vestry of the said parish of Brunswick, to the highest bidder, for tobacco or money; and that the tobacco or money arising by such sale, be disposed of as followeth; (that is to say,) the vestry of the said new parish of Brunswick, are to retain in their hands, for the use of that parish, to be by them applied towards the lessening the levy thereof by the poll, a just proportion of the said tobacco or money, according to the number of tithable persons which are at present in the undivided parish of Hanover, and which, by the division aforesaid, shall be taken in the said new parish of Brunswick, and the remainder of the said tobacco or money, shall be paid and proportioned by the said vestry of Brunswick, to the vestries of the said new parishes of Hanover and Hamilton, respectively, according to the number of tithable persons, which by the division aforesaid, shall be taken into each of those parishes, out of the said old parish of Hanover, to be applied in manner aforesaid, towards the lessening the levies of the said parishes, by the poll: And that the old glebe, which at present belongs to the undivided parish of North-Farnham, be in like manner sold, within two years after the passing of this act, by the vestry of the new parish of North Farnham, to the highest bidder, for tobacco or money; and the tobacco or money arising by such sale, be disposed of by them, towards the lessening their levy by the poll, in the purchase of a new glebe. |
| VII. And be it further enacted, by the authority aforesaid, That the vestry of the said parish of Lunenburg, shall, at the laying of their first parish levy, raise and assess on the tithable persons of their parish, and pay unto the vestry of the said new parish of North-Farnham, to be by them applied to the use of their said parish, five thousand pounds of tobacco; and at the laying of their second parish levy, shall raise and assess in manner aforesaid, the like quantity of five thousand pounds of tobacco, to be paid and applied, as aforesaid, in consideration of divers quantities of tobacco lately paid by the parish of North-Farnham, as it stood undivided and laid out and disbursed in the building on a new glebe, which by the division of the said parish in manner above directed, will be taken into the said new parish of Lunenburg; and is and shall be, by virtue of this act, vested in the said parish of Lunenburg, immediately after the said first day of November. | |
| VIII. And to prevent disputes about the placing of the church of the said new parish of Brunswick, Be it enacted, by the authority aforesaid, That the vestry thereof, shall cause the same to be erected in the town of Falmouth, on the lot set apart for that purpose. | |
| IX. And whereas the vestry of the said parish of Hamilton, as it stands at present undivided, have lately received of the parish of Overwharton, ten thousand pounds of tobacco, pursuant to the directions of an act of the last session of assembly; but the said vestry have not yet disposed of the same, as that act directs: Be it therefore enacted, by the authority aforesaid, That the present vestry of the parish of Hamilton, shall pay unto the vestry of the said new parish of Truro, the moiety of the said tobacco; to be by them applied towards the lessening the levy of their parish, by the poll; any law, custom, or usage, to the contrary of any of the premises, in any-wise, notwithstanding. | |
| CHAP. XIX. | |
| An Act for raising a Publie Levy. | |
| I. BE it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and the authority of the same, That nine pounds of | Taxes for 1732. |
| tobacco be paid by every tithable person 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 one and twentieth day of May, one thousand seven hundred and thirty, to the eighteenth day of May, one thousand seven hundred and thirty two: And that it be paid by the collectors of the several counties to the several persons to 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 fewer tithables in any county, then such county shall bear the loss. | ||
| II. And be it further enacted, by the authority aforesaid, That the courts of the respective counties within this dominion, shall, and they are hereby required, at the laying of their next county levy, to lay and assess on the tithable persons of their county, four pounds of tobacco for every hundred; and also the same allowances are respectively made, by the act of assembly, For amending the Staple of Tobacco, and for preventing Frauds in his Majesty's customs, for the paiment of the county and parish levies, in inspectors notes, upon the said nine pounds of tobacco per poll, to be collected and received by the said collectors, to their own use, respectively; any thing to the contrary thereof, notwithstanding. | County levy. | |
| CHAP. XX. | ||
| ||
| I. WHEREAS David Bray, the elder, late of the parish of Bruton, in the county of James City, gent. deceased, was in his lifetime seised in his demesne, as of fee, of several messuages, lands, tenements, and hereditaments, lying and being in the counties of James-City, Charles-City, York, and New-Kent; and | Agreement between Thomas Bray and John Randolph confirmed. |
| was also seised in fee-tail, with the revertion in fee expectant thereon, of a tract or piece of land, lying and being in the counties of James-City, and York, containing one hundred and ninety acres, more or less, by virtue of the last will of his mother Angelica Bray; and by his last will and testament in writing bearing date of the twenty first day of October, in the year of our lord one thousand seven hundred and seventeen, devised all his lands to his son David Bray, the younger; & thereby declared his will & meaning to be, That if his son David should live 'til he came to the age of twenty one years, and should not have issue of his body, lawfully begotten, that he should not sell or dispose of any of the said lands until he had such issue; but if he should live to have such issue of his body, and attain the age of twenty one years, if both these things should happen, he gave his said son, all his lands, to him and his heirs for ever; but in case he should die before he had lawful issue, he gave all his said lands to his brother James Bray, and the heirs male of his body, lawfully begotten; and in default of such issue, his will was, that all his said lands should be equally divided between the heirs of his said brother James, and the lawful heir of his late deceased sister, Anne Ingles, late wife of Mongo Ingles, as by the said will more fully may appear, and died so seised: After whose death, the said David Bray, the younger, was also seised in his demesne, as of fee, of one messuage, plantation, piece or parcel of land, commonly called and known by the name of Tuttie's Neck, containing by estimation, three hundred acres, more or less, lying and being in the parish of Bruton, in the county of James-City, which was purchased by Judith Bray, the mother of the said David Bray, the younger, of one Frederick Jones; and also of fourteen acres of land, with the appurtenances, lying and being in the parish of Bruton, in the county of James City, aforesaid; which the said David Bray purchased of one Bryan, and his wife: and by his last will, bearing date the fourth day of June, in the year one thousand seven hundred and thirty one, among other things, devised the residue of all his estate, both real and personal, and all revertions and remainders thereof, to John Randolph, esq. and his heirs, |
| for ever, upon certain trusts therein mentioned, as by the said last mentioned will more fully doth appear; and died without issue: After whose death, several disputes and controversies have arisen between Thomas Bray, gentleman, who is son and heir of the said James Bray, and the said John Randolph, concerning their respective rights, to the messuages, lands, tenements, and hereditaments, whereof the said David Bray, the elder, at the time of his death was seised in fee: the said Thomas claiming the same under the will of the said David Bray, the elder, and the said John Randolph insisting, that as the said James Bray died in the life-time of the said David Bray, the younger, the said Thomas could take nothing by the said will; but the said John Randolph, claimed the same under the will of David Bray, the younger; and the said John Randolph, also claimed the revertion in fee, in the one hundred and ninety acres of land aforesaid, the estate-tail being extinct. | |
| II. Whereupon, it was agreed between them, for the final ending, settling, and determining the said disputes and controversies, That the said Thomas would convey to the said John Randolph, and his heirs for ever, all and singular the lands, tenements, hereditaments, with the appurtenances, lying and being in Martin's Hundred, in the county of James-City, aforesaid; which the said David Bray, the elder, purchased of Aristotle Grice, John Thorp Grice, Edward Grice, Thomas Grice, William Fuller, and Charles Barret, or of any other person within that neck, called Barret's-Neck: Also one messuage and plantation, piece or parcel of land, commonly called Hicks's, containing by estimation, one hundred acres, more or less, lying and being in the parish of Bruton, in the county of York, aforesaid; which was purchased by the said David Bray, the elder, of one Mary Whaley: And all that piece or parcel of land, containing fourteen acres, more or less, which is part of a tract of two hundred and ninety acres, devised to the said Thomas Bray, by his uncle Thomas Bray, deceased, being that parcel of inclosed land, in the occupation of Thomas Jones, gentleman, adjoining to the land of the said John Randolph: And that the said John Randolph should convey to the said Thomas Bray, and his heirs for ever, all that messuage and plantation, piece or parcel of land called Tuttie's-Neck; |
| also all that piece or parcel of land, formerly the land of Angelica Bray, aforesaid; and also all the piece or parcel of land, purchased by the said David Bray, the younger, of Bryan, and his wife, with their and every of their appurtenances: And also release all his right and pretensions, to all the lands, tenements, and hereditaments, with the appurtenances, of which the said David Bray, the elder, was seised in fee, at the time of his death; except what is before mentioned to be conveied to the said John Randolph, as aforesaid. | |
| III. And whereas, by one indenture made the twenty eighth day of May, in the year of our lord, one thousand seven hundred and thirty two, between the said Thomas Bray, of the one part, and the said John Randolph, of the other part, in pursuance of the said agreement, and for the considerations therein mentioned, the said Thomas Bray did give, grant, bargain, and sell unto the said John Randolph, his heirs and assigns, all and singular the said lands, tenements, and hereditaments, with the appurtenances, lying and being in Martin's-Hundred aforesaid, in the county of James-City, aforesaid, which the said David Bray, the elder, purchased of Aristotle Grice, John Thorp Grice, Edward Grice, Thomas Grice, William Fuller, & Charles Barret, or of any other person within that neck, called Barret's-Neck, (in exchange for the said messuage and plantation, piece or parcel of land, called Tuttie's-Neck;) also all that messuage, and plantation, piece or parcel of land, commonly called and known by the name of Hick's, (in exchange for that tract, piece or parcel of land, formerly the land of the said Angelica Bray;) and all that said tract, piece or parcel of inclosed land, in the occupation of the said Thomas Jones, (in exchange for that tract, piece or parcel of land, purchased by the said David Bray, the younger, of the said Bryan, and his wife,) with their and every of their appurtenances, and the revertion and revertions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, possession, claim, and demand whatsoever, of the said Thomas Bray, of, in, and to the premises, with the appurtenances, unto the said John Randolph, his heirs, and assigns, for ever, to the only use and behoof of the said |
| John Randolph, his heirs, and assigns, for ever: And in consideration thereof, and of the sum of five shillings, the said John Randolph did give, grant, bargain, and sell, to the said Thomas Bray, his heirs, and assigns, for ever, all that said messuage and plantation, piece or parcel of land, commonly called and known by the name of Tuttie's-Neck, in exchange for the said land in Martin's-Hundred, and Barret's-Neck; also all that said tract, piece or parcel of land, formerly the land of the said Angelica Bray, in exchange for the said messuage and plantation, piece or parcel of land, called Hicks's; and also all that said tract, piece or parcel of land, purchased by the said David Bray, the younger, of the said Bryan, and his wife, in exchange for that said tract, piece or parcel of inclosed land, in the occupation of the said Thomas Jones, with their and every of their appurtenances, and the revertion and revertions, remainder and remainders, rents, issues, and profits; and all the estate, right, title, interest, property, possession, claim, and demand whatsoever, of him, the said John Randolph, of, in, and to the said premises, with the appurtenances last mentioned, to have and to hold the last mentioned premises, with the appurtenances, to the said Thomas Bray, his heirs, and assigns for ever, to the use of the said Thomas Bray, his heirs, and assigns for ever: And the said Thomas Bray, for himself, his heirs, executors, and administrators, did covenant with the said John Randolph, and his heirs, that the said Thomas Bray, his heirs and assigns, shall and will stand seised, of the tenements last mentioned, with the appurtenances, to such uses, intents, and for such estates, and remainders, as are expressed in the will of the said David Bray, the elder: And the said John Randolph, did further, by the said indenture, give, grant, bargain, sell, remise, release, quit-claim, and confirm, unto the said Thomas Bray, and his heirs for ever, all and singular the messuages, lands, tenements, and hereditaments, with the appurtenances, whereof the said David Bray, the elder, was seised in his demesne as of fee, at the time of his death, in the actual possession of the said Thomas Bray, except the messuages, lands, and tenements, with the appurtenances before mentioned to be granted, bargained, and sold to the said John Randolph, and the revertion and revertions, remainder and remainders, rents, |
| issues, and profits thereof; and all the estate, right title, property, claim, and demand whatsoever, of him the said John Randolph, of, in, or to the same, and every part and parcel thereof, to have and hold the tenements, last above mentioned, with the appurtenances, to the said Thomas Bray, his heirs, and assigns for ever, to the only use of the said Thomas Bray, his heirs, and assigns for ever. And the said Thomas Bray, for himself, his heirs, executors, and administrators, did covenant with the said John Randolph, and his heirs, that the said Thomas Bray, and his heirs, shall and will stand seised, of the tenements last above mentioned, with the appurtenances, to such uses; and for such estates and remainders, as are expressed in the will of the said David Bray, the elder, and to no other uses, intents, or purposes whatsoever: And the said John Randolph, the tenements last mentioned, did warrant, against himself, and his heirs, as by the said indenture, relation being thereunto had, more fully and at large may appear. | |
| IV. And whereas, the said Thomas Bray, and John Randolph, have applied to this general assembly, for an act, to confirm and establish the said agreement, having made publication of their design, three Sundays successively, in the churches of the parishes where the premises respectively lie: And forasmuch as the same is very just and reasonable, | |
| V. May it please your most excellent Majesty, For preventing all future disputes between the said Thomas Bray, and John Randolph, and their families, touching the premises, at the humble suit of the said Thomas Bray, and John Randolph, that it may be enacted: | |
| VI. And be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the agreement, settlement, and provisos, in the indenture above recited, mentioned between the said parties, be and is hereby confirmed and established, and shall for ever hereafter be valid and binding, upon them and their heirs, and all others claiming under the will of the said David Bray, the elder. And that the messuages, plantations, lands, tenements, and hereditamants, with the appurtenances, by the said John Randolph given, granted, bargained, sold, remised, released, and confirmed, to the said Thomas Bray, his heirs, and assigns as aforesaid |
| shall pass in descent, revertion, and remainder, according to the limitations and estates, mentioned in the last will of the said David Bray, the elder; any thing to the contrary thereof, in any wise, notwithstanding. | ||
| VII. Saving to the king's most excellent majesty, his heirs, and successors; and to all and every other person and persons, bodies politic and corporate, their respective heirs, and successors, all such right, title, estate, interest, claim, and demand of, in, and to any of the lands before mentioned (other than the persons claiming under the last will and testament of the said David Bray, the elder, or any of them) as they, every, or any of them, should or might claim, if this act had never been made. | ||
| VIII. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XXI. | ||
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| CHAP. XXII. | ||
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| CHAP XXIII. | ||
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| CHAP. XXIV. | ||
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| CHAP. XXV. | ||
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| CHAP. XXVI. | ||
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| CHAP. XXVII. | ||
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| CHAP. XXVIII. | ||
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| CHAP. XXIX. | ||
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 CHAP. XXX. | ||
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| CHAP. XXXI. | ||
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| CHAP. XXXII. | ||
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| CHAP. XXXIII. | ||
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| CHAP. XXXIV. | ||
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| CHAP. XXXV. | ||
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| Signed by WILLIAM GOOCH, ESQ. Governor. JOHN HOLLOWAY, Speaker. |
| Pages 340-356
| Pages 380-402
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