Pages 402-425 
|  Pages 447-468
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| Pages 402-425
| Pages 447-468
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| CHAP. XIII. An Act to amend the Laws now in force, for the more speedy and easy recovery of small Debts. | |
| I. WHEREAS the method appointed by law, for the recover of small debts, by petition and summons, in a summary way, by misconstruction of the county courts, hath not been pursued according to the true intent thereof, divers of the said courts having admitted trials thereupon by juries, and yielded to many delays in the proceedings, before they have given their judgment, in causes coming before them in that manner: | Preamble. |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted and declared, by the authority of the same, That for the future, the courts of the respective counties, and the court of hustings for the city of Williamsburg, shall proceed to judgment upon suits brought before them by petition and summons, as aforesaid, the court to which the summons is made returnable, without the solemnity of a jury, and shall not admit of any delay in the determination thereof, 'til another court; unless good cause be made appear for such delay. | Petitions & summons, to be tried the first court. |
| III. And, that defendants in such suits may with the more ease be able to make their defence, Be it enacted, That in all such suits, which shall hereafter be bro't, the petition shall express, whether the debt arises by judgment, by obligation, or other specialty, or by account; and if by account, the clerk shall annex a copy thereof, to the copy of the petition wherewith the defendant shall be served. | Cause of action to be expressed in petition. |
| IV. And whereas, by the act which introduced the said method of recovering small debts, it is directed, That upon filing a petition in the clerk's office, for any debt of the value therein limited, a summons, of course, shall be issued, under the hand of the clerk, returnable to the next court, which, together with a copy of the petition, shall be delivered to the defendant, and the same being so delivered, or left at the usual place of his abode or residence, ten days before the next succeeding court, and oath made of the due service thereof, the court are to proceed to judgment, in the manner in the | When the summons shall be returnable, |
| said act directed: Whereupon, some courts have interpreted, that if any person shall file such petition, within less than ten days before any court day next succeeding the filing thereof, no legal summons can issue thereupon, returnable to the second court day after the filing the same; and in consequence of such interpretations, divers suits, by petitions of that sort, where the summons hath been made returnable to the second court day after the filing such petitions, have been dismissed, to the very great prejudice of the plaintifs, contrary to the intent of the said act: | |
| V. Be it therefore enacted, and declared, by the authority aforesaid, That when any such petition shall be files within less than ten days before any court day next following the filing thereof, the summons thereupon shall be made returnable to the next court day after the court day happening within that time; and the defendant being served therewith, and with a copy of the said petition, and of the plaintiff's account, if the debt arises by account, or if the same be left at his or her usual place of abode or residence, ten days before the said court to which such summons shall be returnable, and oath made thereof, the court shall proceed to judgment thereupon, in manner prescribed in the said act; any thing in the same to the contrary, or seeming to the contrary thereof, in any wise, notwithstanding. | |
| VI. And, for preventing expence, and delay, in prosecuting actions of detinue, for any thing under the value of five pounds, Be it further enacted, That where any person, entitled to an action of detinue, or trover, as the law now stands, shall set forth the value of the thing demanded, to be under that sum, in a petition to any county court, a summons shall issue, and the court shall hear and determine the same, in the method by this and the former laws provided and directed for the recovery of small debts: And if in any action of detinue, or trover, the plaintiff shall hereafter declare for any thing of less value than five pounds, exclusive of damages, he shall be nonsuited; but not otherwise. | Detinue and trover by petition. |
| VII. And be it further enacted, by the authority aforesaid,, That for the future, no lawyer's fee shall be taxed or allowed, in bills of costs, upon judgments which shall be given in suits brought by petition and summons as aforesaid, whether such judgment be given for | No lawyer's fee, on petitions. |
| the plaintiff or defendant; any law, custom, or usage, to the contrary hereof, notwithstanding. | ||
| CHAP. XIV. | ||
| ||
| I. WHEREAS the laws now in force, in this colony, for regulating ordinaries, and restraint of tippling-houses, are not sufficient to prevent the evil practice of ordinary-keepers, and retailers of wine, beer, rum, and other distilled spirits, and mix'd liquors, selling such liquors upon credit, to the impoverishment and ruin of many poor families: | 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 from and after the fifteenth day of November next, if any ordinary keeper, or other person whatsoever, shall sell any of the said liquors by retail, exceeding twenty shillings current money, or the value thereof, in any one year, to any person or persons, upon credit; he or she shall not recover any money, tobacco, or other commodity, for such liquors so sold by retail. And if any warrant, petition, or other writ, or bill, shall be dismissed; and the defendant shall have double costs. | Liquors not to be sold on credit, above 20s. in one year. | |
| III. Provided nevertheless, That nothing herein contained, shall be construed or intended, to restrain any merchant, or factor, keeping store for sale of merchandize, from selling any of the liquors aforesaid; or recovering any money, or tobacco, due for the same, in such manner as he might do, if this act had never been made. | Exception, as to merchants, &c. | |
| IV. Provided also, That this act shall not extend to the ordinary-keepers of the city of Williamsburg, giving credit to any person whatsoever, in the time of the general court, or during the sitting of the general assembly; | And the city of Williamsburg, at public times, |
| any thing aforesaid, to the contrary, notwithstanding. | |
| CHAP. XV. An Act for the better support and encouragement of the College of William and Mary, in Virginia. | |
| I. WHEREAS the college of William and Mary, in Virginia, consisting of a president, six masters, or professors, and one hundred scholars, more or less, graduates, or non-graduates, founded and endowed by William and Mary, of blessed memory, late king and queen of England, &c. by their roial charter, under the great seal of England, bearing date at Westminster, the eighth day of February, in the fourth year of their reign, and since encouraged and supported by several other gifts and donations, hath, of late, been much injured in its revenues, by divers frauds and abuses, particularly in the exportation of tobacco from hence, to other British plantations in America, without paying the duty of one penny per pound, imposed by a statue of the parliament of England, made in the twenty-fifth year of the reign of king Charles the second, which was granted by the said roial charter, among other things, to certain trustees therein appointed, for erecting, building, and founding the said college, and since transferred by the survivors of them, pursuant to the charter, to the said president and masters; and in the exportation of skins and furs, without paying the several duties imposed by an act of the general assembly, of the fourth year of the late queen Anne, for the better support of the said college, about one hundred fifty pounds per annum, it is fallen much in debt, and that must increase, when the edifices and buildings thereunto belonging shall require repairs, which must necessarily be expected. | Preamble. |
| II. And forasmuch as the supporting and encouraging so hopeful a work, is of the greatest importanc to the people of this colony, for the advancement of learning, and the good education of their youth, wherein we have already seen some good effects, Be it enacted, by | Further regulations, for securing duties on goods exported to the British plantations. |
| the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That from henceforth, if any person shall ship on board any ship, or other vessel, bound to any of the British plantations, in America, any goods, merchandize, or commodities whatsoever, such person shall, either before the same shall be shipped, or within five days after, make oath, before some justice of the peace of the county where he lives, to the several parcels or packages of such goods, merchandize, or commodities so shipp'd, and the contents thereof, and that no tobacco is contained therein; or if any tobacco shall be packed in such parcels, he shall make oath to the true quantity, upon pain of forfeiting all such goods, merchandize, and commodities, or the value thereof: And the justice of the peace, before whom such oath shall be made, shall certify the same under his hand; and such certificate shall be delivered to the master of the ship or vessel, who shall deliver the same to the naval officer of the district, at the time of his clearing: And no naval officer shall clear any such ship or vessel, until such certificate be produced; and a copy of such certificate shall, by the naval officer, be delivered, or sent, to the collector of the duty of a penny per pound, in the same district, before clearing. And any person making a false oath in the premises, and being thereof lawfully convicted, shall suffer as for perjury in a court of record, by the laws of England. | |
| III. And be it further enacted, That every master of any ship or vessel, or other person clearing or concerned in loading any ship, or vessel, going to any British plantation, in America, before his clearing, shall make oath, before the naval officer of the district, to the quantity of tobacco he hath on board, if he hath any, or that he hath no tobacco, and will take none on board without paying the duty; a copy of which oath, such naval officer shall transmit to the collector of the customs, of the port wither such ship or vessel shall be bound: And any person making a false oath therein, and being thereof lawfully convicted, shall suffer as for perjury in a court of record, by the laws of England. | Oath to be taken by masters of vessels. |
| IV. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to alter, change, or infringe, the powers, privileges, or allowances, of the several collectors of the said duty of one penny per | Not to affect collectors appointed by act of parliament. |
| pound, appointed, or to be appointed by the commissioners of his majesty's customs in Great-Britain, for the time being, pursuant to the act of parliament, made in the twenty fifth year of the reign of king Charles the second, for the collecting, levying, and receiving, the said duty, or penalties therein mentioned. | |
| V. And, to the end no tobacco may be carried into the province of North Carolina, in order to be exported from thence, which is of late much practised, without paying the duty in either colony, Be it further enacted, That if any person shall carry any tobacco into the said province, without paying the said duty of one penny per pound, the owner thereof shall forfeit the value of such tobacco. | Duty on tobacco sent to N. Carolina, |
| VI. And, for preventing frauds in the exportation of skins and furs, Be it furthrr enacted, That no skins or furs shall hereafter be packed, in order to be shipped off, with any other thing; and every person intending to export any skins or furs, before the same shall be shipped, shall make oath before some justice of the peace of the county where he lives, to the several parcels or packages intended to be shipped, and the number of skins and furs, and the kinds thereof, and pounds of beaver, if any, therein contained; and that no other thing is packed therein: Which oath shall be certified as aforesaid, and the certificate shall be delivered by the master of the ship, or vessel, wherein the same shall be shipped, before his clearing, to the naval officer; who shall receive of the owner of such skins and furs, the several duties by the said act imposed, and, without distinguishing between buck and doe skins, shall account all deer skins, so shipped, to be one third buck, and two thirds doe skins. | Skins and furs exported, duties secured on, Deer skins, duty on, |
| VII. And, to the end the said duties upon skins and furs may not be defrauded, by the carrying the same by land or water, into Maryland, Pensilvania, or North Carolina, which is very easie, and much practised by many people, not only to the impoverishing the college, but to the great diminution of the trade of this colony, Be it further enacted, That where any person or persons shall be hereafter found travelling upon the frontiers, with any skins or furs, it shall be lawful for any justice of the peace, sheriff, or constable, of the county where such person shall be found, to seize such skins and furs; unless the person or persons carrying the | Skins and furs may be taken from travellers, |
| same, shall produce a certificate under the hand of a justice of the peace in this colony, that he is an inhabitant of the colony; and moreover, shall make oath, that he will not carry the said skins or furs, or cause the same to be carried, into any other colony or province, without paying the said duties. And in case any skins or furs shall be hereafter seised, by virtue of this act, one moiety thereof shall be forfeited to the person seising the same, and the other moiety to the king, his heirs and successors, for the better support of the college of William and Mary, in Virginia. | |
| VIII. And be it further enacted, That where any hides, skins, or furs, shall be exported, either by land, or water, contrary to this or the said former act, the owner shall forfeit the value thereof: And that one moiety of all the penalties herein inflicted, and not otherwise disposed of, shall be to the king, his heirs and successors, for the better support of the college of William and Mary, in Virginia, and the other moiety to the informer; to be recovered, with costs, by action of debt, or information, in any court of record, within this dominion. | Forfeitures. |
| IX. And, to the end the said president and masters may not depend altogether upon the provisions herein made, for the improvement of their revenues, which may be perhaps still precarious, but may receive a more certain relief, Be it further enacted, That after the twenty fifth day of October, in the year of our Lord one thousand seven hundred and thirty five, the whole duty of one penny, for every gallon of rum, brandy, and other distilled spirits, and of wine, imported, laid by one act of the general assembly, made at a session held in the twelfth year of the reign of the late king George the first, to continue for twenty one years, out of which, two hundred pounds per annum was appropriated for the relief of the said college, to be given to the said president, and masters, and their successors, for the residue of the said term; and shall be applied and disposed of, to such good uses, for the better support of the college, as by the visitors and governors of the college, or the greater part of them, shall from time to tome be directed, and appointed; so as some part thereof shall be laid out and applied for buying such books, for the use of the scholars and students, in the college, as the said visitors and governors, or the greater part of them, shall | Whole duty of 1d per gallon appropriated to the college, |
| think most necessary; and such books, so to be bought, shall be marked thus, The Gift of the General Assembly of Virginia, in the year 1734, and shall for ever be preserved and kept in the public library of the said college. | |
| X. And be it further enacted, That the president, masters, scholars, and students, of the college of William and Mary, in Virginia, and all the domestic servants belonging to the college, be from henceforth exempted from being listed as tithables, in the county of James-City, and from paying any public, county, or parish levies, for ever. | President, &c. exempted from levies. |
| CHAP. XVI. An Act for appointing a Treasurer; and for other purposes therein mentioned. | |
| I. WHEREAS by one act of the general assembly, made in the twelfth year of the reign of the late king George the first, certain duties were granted, for the uses therein mentioned; that is to say, a duty of one penny for the term of twenty one years, upon every gallon of wine, rum, brandy, and other distilled spirits; and one other duty of three pence, for the term of five years, upon every gallon of the same liquors; and one other duty of one penny, for the same term, for every gallon of cider, beer, or ale, which should be imported into this colony, from any port or place whatsoever, except from Great-Britain; which first mentioned duty is still subsisting; And by the one other act of the same year, John Holloway, esq. was appointed treasurer of the said duties, with power to receive all sums of money, from time to time paid into the hands of the several collectors, appointed pursuant to the said act; and to apply and utter the same, to and for the uses, and by such warrant, as in the same act is directed: And by one other act of this present general assembly made at the last session, the said duties, of three pence, upon all wine, rum, brandy, and other distilled spirits, and of one penny, upon cider, beer, or ale, imported as aforesaid, were revived for the term of four years, and for the uses therein mentioned: And by one other act of the same session, | Preamble. |
| one other duty of five per cent. ad valorem, was granted for the uses therein also mentioned, upon all slaves imported, to be paid by the buyers, for the term of four years: And by several clauses in the two last mentioned acts, the said John Holloway was likewise appointed treasurer of those duties, with all the powers, authorities and profits, granted to him by the act of the twelfth year of the said late king, appointing him treasurer of the first mentioned duties, as in the said several acts more fully is contained: And whereas the said treasurer, of late, through the infirmity and weakness of his body and memory, is become incapable of executing the said office, and unable to pass his accounts. | |
| II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and the authority of the same, That from and after the passing of this act, the act made in the twelfth year of the said late king, and the several clauses of the other two acts of the last session of this present general assembly, aforesaid, appointing the said John Holloway, treasurer of the duties beforementioned, and all powers, authorities, and profits, thereby granted to him, be and are hereby repealed, and made void: And that sir John Randolph, knight, be and is hereby appointed treasurer of all the duties before mentioned; to hold that office, with all the powers, authorities, salaries, and profits, granted by the said former acts, or either of them, or any other act of the general assembly, to the said late treasurer, during the continuance of the said duties, by virtue of the several acts beforementioned, or any other act or acts of the general assembly; and shall apply and utter all sums of money by him received, in virtue of his office, to and for such uses, and upon such warrants, as by the said former or any other acts of the general assembly, is or shall be appointed and directed; and shall be accountable for the same, from time to time, to the general assembly. | Sir John Randolph appointed treasurer. |
| III. Provided, That the said new treasurer, before he enters upon his office, shall give such sufficient security, as shall be approved by the governor or commander in chief of this colony, in the sum of five thousand pounds, for the due answering and paying all the money by him from time to time to be received, as aforesaid. |
| IV. And forasmuch as the auditing and settling of all the accounts of the inspectors of tobacco, by the laws in that behalf made, doth belong to the said office of treasurer, Be it further enacted, That the said new treasurer shall be allowed for his additional trouble and service therein, the sum of fifty pounds per annum. | His salary. |
| V. And to the end, a treasurer may not be wanting, in case of the death, resignation, or disability of the treasurer hereby appointed, Be it further enacted, That in either of these cases, it shall be lawful for the governor or commander in chief of this colony, with the advice of the council, for the time being, to appoint some other fit and able person to be treasurer of the said duties; to hold the office, with all the powers, authorities, salaries, and profits aforesaid, until the end of the next session of assembly. | Vacancy, how supplied. |
| VI. And whereas the said late treasurer's accounts have been laid before this general assembly, and thereby, so far as the same are now settled, it doth appear, that there is a considerable sum now in arrear, and unpaid, and the several persons who became last bound with him, as his securities, for the due answering and paying the said duties by him received, have, by their petition set forth, that the said late treasurer hath assigned to them, for their indemnity, divers mortgages, judgments, and other securities, for money by him lent out, and now outstanding; and hath also confessed a judgment, in the general court, to them, for the sum of five thousand pounds; and for their further security and indemnity, hath assigned to certain trustees, all his estate, both real and personal, in trust, for satisfying the debt aforesaid, and all other his debts; and have prayed, that the said new treasurer may be enabled to receive into his hands all the securities aforesaid, and to demand, receive, and recover, so much as shall satisfy the said late treasurer's debt, so as they may not be pressed in the mean time: To which end: Be it further enacted, That the said new treasurer be and is hereby fully impowered to settle and pass the said late treasurer's accounts; allowing him one hundred pounds for his trouble in settling the inspectors accounts, for the years one thousand seven hundred and thirty two, and one thousand seven hundred and thirty three; and to take into his hands, all such mortgages, and other securities, for money due to the said late treasurer, as the | To settle the late treasurer's accounts. |
| said securities shall assign to him, and to demand, receive, and recover the money due thereupon, or so much thereof as shall be sufficient to discharge the said late treasurer's debt; and in case they shall not be sufficient, to sue for, and recover, so much as shall be wanting out of the said late treasurer's other estate, and to discharge the said late treasurer, and his securities, for so much as shall be so received, or recovered. | |
| VII. And, to the end that all prosecutions, which shall be commenced by the said new treasurer, for recovering the balance aforesaid, may be the better dispatched, Be it further enacted, That it shall be lawful for the said treasurer, or the treasurer for the time being, to sue out one or more writ or writs of scire facias in the name of the king, his heirs, and successors, against the said late treasurer, or any of his debtors, to shew cause why execution should not issue against him, them, or either of them; and to obtain and sue out executions accordingly. | Process awarded him. |
| VIII. And whereas the present state of the public debts doth require some money to be raised immediately for discharging the same, Be it further enacted, That the said new treasurer be and is hereby impowered to borrow so much money as shall be sufficient to discharge all the money ordered by the last session of assembly, now unpaid, together with the charge of this present session of assembly, and all such sums of money which remain unpaid of the expence of executing the act, For amending the Staple of Tobacco, and for preventing Frauds in his Majesty's Customs, for the years one thousand seven hundred and thirty two, and one thousand seven hundred and thirty three; which money, so borrowed, with the interest thereof, shall be allowed to the said treasurer in his accounts. | May borrow money. |
| CHAP. XVII. An Act for raising a Public Levy; and for other purposes therein mentioned. | |
| I. BE it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and the authority of the same, That eight pounds | Taxes or public levies. |
| of tobacco be paid by every tithable person, within this dominion for the defraying and paiment of the public charge of the country, being the public levy, from the eighteenth day of May, one thousand seven hundred and thirty two, to the two and twentieth day of August, one thousand seven hundred and thirty four; 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, That the said eight pounds of tobacco, per tithable, shall be paid by the several persons chargeable therewith, without any allowance for conveniency, or paying the same in inspectors notes, or any abatement or deduction whatsoever, to be made by the said collectors; and by the said collectors shall be paid to the several persons to whom it is proportioned, as aforesaid, without any abatement or deduction whatsoever, any other law of this colony, to the contrary hereof, notwithstanding. | To be paid without deduction. |
| III. And whereas the edition of all the laws in force at the end of the last session of this general assembly, hath been published at the public expence, and many copies have been distributed gratis, to the governor, council, and burgesses, and among the justices of the peace in the several counties of the colony, and other books remain to be distributed among the justices of those counties, which are by the authority of this general assembly erected: To the end that all succeeding justices of the peace, may be constantly supplied with the said books, for their better direction in the execution of their office, Be it further enacted, That upon the death of any of the present or succeeding justices of the peace, or any person heretofore or hereafter refusing to serve as a justice of the peace, the county courts are hereby respectively impowered and required to summon such justices, so refusing to serve, or the executors or administrators of any justices dying, to deliver up the books of the laws, which have been, or shall be delivered to them; and upon failure to do the same, to award judgment against them, for twenty five shillings: and upon delivering up the books, the same shall be distributed among the succeeding justices; or | Law books to be returned, in case of death, or refusal to serve as justice. |
| in case judgment shall be given for the money aforesaid, such money shall be laid out for buying other books for their use. | ||
| CHAP. XVIII. | ||
| ||
| 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 public ferries be constantly kept at the places herein after named; and that the rates for passing the said ferries, be as follows: that is to say, | New ferries established, | |
| On Patowmack river, from Robert Lovell's, in the county of Westmoreland, across the river, to Maryland, the price for a man, two shillings and six pence, and for an horse, two shillings and six pence. | ||
| On Rappahannock river, from the warehouse landing, at the town of Fredericksburg, in the county of Spotsylvania, over the river, to the land of William Thornton, gent. the price for a man, three pence, and for an horse, three pence. | ||
| And from Roy's warehouse landing, in the county of Caroline, over the river, to Gibson's warehouse, in the said county of King George, the price for a man, four pence, and for an horse, four 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 an 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 | Rates for wheel carriages, |
| 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 waggon, and for the driver thereof, the same as for the ferriage of six horsed, according to the rates herein before settled at such ferries, respectively; and for every cart, or four-wheel chaise, and the driver of such four wheel chaise, the same as for the ferriage of four horses; and for every two-wheel chaise, or chair, the same as for the ferriage of two horses, acoording to the said rates, and no more. | |
| IV. And whereas the rates heretofore settled by law, for the ferriage of wheel-carriages, at the several other public ferries in this dominion, are found to be too high: for moderating thereof, Be it enacted, by the authority aforesaid, That for the future, the said rates for the ferriage of wheel-carriages be lessened, and reduced to the same proportion as herein before settled for the ferriage of such carriages, at the aforesaid three new erected ferries; any former law to the contrary hereof, notwithstanding. | Former rates reduced, |
| V. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, the act of the general assembly of this colony, made in the eighth year of the reign of our late lord king George the first, of ever blessed memory, intituled, An Act for settling new Ferries over York, Rappahanock, and Pamunkey rivers, for so much thereof only as relates to the settling a ferry over Rappahanock river aforesaid, from Mrs. Fitzhugh's plantation, in King George county, to the wharf on the lease-land of Thomas Buckner and John Royston, be repealed, and made void. | Part of former act repealed. |
| VI. And whereas the days appointed for holding courts, in the counties of Caroline, Stafford, and Hanover, are found to be inconvenient, Be it enacted, by the authority aforesaid, That from and after the first day of November next, the courts of the said counties shall be held on the following days, (to wit,) the court of the said county of Caroline, on the second Friday; the court of the said county of Stafford, on the second Tuesday; | Court days of Caroline, Stafford, and King George, altered, |
| and the court of the said county of Hanover, on the first Thursday, in every month; any law, custom, or usage, to the contrary hereof, in any wise, notwithstanding. | ||
| CHAP. XIX. | ||
| ||
| I. WHEREAS the former glebe, of the parish of Elizabeth river, in the county of Norfolk, containing about eighty acres, not being a good and convenient glebe, within the meaning of the act of assembly, For the better support and maintenance of the Clergy of this dominion, the vestry of the said parish have lately purchased one very convenient messuage, and a tract of good and fertile land thereto belonging, with the appurtenances, situate, lying and being in the parish aforesaid, & containing one hundred seventy & two acres; which the present parson of the said parish is willing to accept, as a good and convenient glebe, although the quantity of land be less than what is required by the said act: And therefore, the said vestry, with the assent of the said parson, have praied this assembly, That the said new purchased messuage and land, with the appurtenances, may be declared a good and convenient glebe, for the present parson of the said parish, and his successors; and that the said vestry may be impowered to sell the old glebe belonging to the said parish, and to apply the purchase money to other parochial uses. | Glebes, in several parishes, directed to be sold, & the money applied to other parochial uses, | |
| II. And whereas two small parcels of land, situate, lying and being in the parish of Elizabeth-City, in the county of Elizabeth-City, the one at Newport-Noose, and the other adjoining to the land of Servant Ballard, have heretofore been appropriated for a glebe for that parish, which have lately been found of little advantage to the parson; and therefore the vestry have purchased a more convenient glebe, and, with the assent of the said parson, are desirous to sell the said two parcels of |
| land, and to apply the purchase money to some other good parochial use. | |
| III. And whereas the vestry of the parish of St. Stephen, in the county of King and Queen, have also lately purchased a good and convenient glebe, for the parson of that parish, and his successors; and are desirous to sell the old glebe, which is inconvenient; and to apply the purchase money to other parochial uses: To which ends, Be it enacted by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and the authority of the same, That the aforesaid messuage, and one hundred seventy and two acres of land, with the appurtenances, in the parish of Elizabeth river, aforesaid, as to the quantity of land, be hereafter deemed a good and convenient glebe, for the use of the present parson of the said parish, and his successors; any thing in the aforesaid act of assembly contained, to the contrary, notwithstanding. And that the said old glebe land, belonging to the said parish of Elizabeth river, containing about sixty acres, with the appurtenances, be, and is hereby vested in the present vestry of the said parish, and the vestry of the said parish for the time being. And that the said two parcels of land, in the said parish of Elizabeth-City, heretofore appropriated for a glebe for that parish, with the appurtenances, be, and are hereby vested in the present vestry of the said parish, and the vestry of the said parish for the time being. And that the said old glebe, of the said parish of St. Stephen, containing, by estimation, near two hundred acres, with the appurtenances, be, and is hereby, vested in the present vestry of the said parish, and the vestry of the said parish for the time being, in trust: Nevertheless, that the said vestries, respectively, or the greater part of them, shall, by deed of bargain and sale, indented, and duly recorded, convey the premises, in them respectively hereby vested, with the appurtenances, for a valuable consideration of money, bona fide, received, to such person or person as shall be willing to purchase the same, to hold, to such purchaser and purchasers, respectively, his and their heirs, or assigns, for ever. And that the purchase money of the said old glebe of the said parish of Elizabeth river, and of the said old glebe of the said parish of St. Stephen, when the vestries of those two parishes, respectively, shall receive |
| the same, shall be laid out and applied by them, respectively, to such parochial use or uses as they shall think fit. And the purchase money of the said two parcels of glebe land, in the parish of Elizabeth City, when the vestry of the said parish shall receive the same, shall be laid out and applied by them in the purchasing of slaves to be placed upon the new glebe: And such slaves, and their increase, so long as any of them shall be living, shall remain upon the said glebe, for the use and benefit of the present parson, and the parson of the said parish for the time being, for ever. | [The typesetter placed the "a" in purchasing, upside-down] |
| IV. And whereas in pursuance of the act of this present general assembly, made at the last session, intituled, An Act for dividing every of the counties of Richmond, King-George, and Prince William, into two distinct Parishes, the glebe then belonging to the old parish of Hanover, hath been sold; and disputes have arisen upon the construction of the said act, as to the appropriation of the money for which it was sold: For settling whereof, Be it enacted, by the authority aforesaid, That the vestry of the parish of Brunswick, who sold the said glebe, retain in their hands, for the use of the tithable inhabitants of that part of their parish which was included within the old parish of Hanover, as it stood before the making of that act; to be by them applied towards lessening the levy of the said inhabitants, and them only, by the poll, a just proportion of the said money, according to the number of such inhabitants; and that they pay the remainder of the said money unto the vestry of the new parish of Hanover; to be applied by them towards lessening the levy by the poll, of the tithable inhabitants, and them only, of that part of the said parish, which was included in the said old parish of Hanover, before the making the said act; any thing in that act, to the contrary hereof, notwithstanding. |
| CHAP. XX. | ||
| ||
| I. WHEREAS, by reason of the situation of the parish of Henrico, in the county of Henrico, the inhabitants thereof do lie under divers inconveniencies, 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 May, in the year of our lord one thousand seven hundred and thirty five, the aforesaid parish of Henrico, be divided by James river; and that all that part of the same, which lies on the north side of the said river, shall, for ever thereafter, be esteemed one distinct parish, and retain, and be called and known by the name of Henrico parish; and all that other part thereof, which lies on the south side of the said river, together with that part of Bristol parish which lies on the north side of Appamatox river, in the said county of Henrico, shall thenceforth be erected into one other distinct parish, and be called and known by the name of Dale parish. | Parish of Henrico divided, Dale parish formed. | |
| II. And be it further enacted, by the authority aforesaid, That all and every the persons who are now vestrymen of the said parish of Henrico, as the same stands undivided, or of that part of the parish of Bristol, which lies on the north side of Appamatox, respectively, who shall be living when the said division shall commence, shall be and continue vestrymen of the said new parishes, of Henrico, and Dale, wherein they shall dwell, respectively; and that, for completing the number of vestrymen, in the said parishes, the freeholders and housekeepers of the said parishes, respectively, shall meet at some convenient time and place, to be appointed, and publickly advertised, by the sheriff of the said county of Henrico, before the twenty fourth day of June, in the year of our lord one thousand seven hundred and thirty five, and there elect such and so many of the most able and discreet persons of their parish, as will make up 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. | |
| III. And whereas the parishes of Newport, and Warwicksqueak, are upwards of sixty miles in length; and there are, in each of them, one church, and two chapels, which are very inconvenient, both to the ministers and people: Be it further enacted, That those parts of the parishes of Newport and Warwicksqueak, which lie on the north side of Blackwater, be hereafter united, and made one distinct parish, and be called by the name of Newport parish; and that those parts of the said parishes, which lie on the south side of Blackwater, be also united, and made one other distinct parish, to be called by the name of Nottoway parish. And, forasmuch as the vestrymen who were of the vestry of the said parishes of Newport, and Warwicksqueak, and now reside in the new parish of Newport, will exceed the number twelve, and the vestrymen of the two parishes, on the south side of Blackwater, who will be now taken into the new parish of Nottoway, will be under that number, Be it further enacted, That all the vestrymen of the said parishes of Newport, and Warwicksqueak, who, after the passing of this act, shall be living, and residing on the north side of Blackwater, shall continue vestrymen of the parish of Newport; but no new election shall be made, in the room of any of them that shall die, 'til they fall under the number of twelve: And that the freeholders and house-keepers of the new parish of Nottoway, shall have power to meet at some convenient time and place, to be appointed, and publickly advertised, by the sheriff of the county of Isle of Wight, and elect so many other persons as will make up the number of the former vestrymen, twelve: And such persons, so to be chosen, with those who were before vestrymen of the said two parishes, shall be a vestry for the said new parish of Nottoway. And whereas the vestry of the parish of Newport, have levied, npon the inhabitants of that parish, ten thousand pounds of tobacco, for building a new chapel in that part of the parish which will now fall into the parish of Nottoway, Be it further enacted, That the churchwardens of the parish of Newport shall pay to the churchwardens | Parishes of Newport, & Warwicksqueak divided. |
| of the parish of Nottoway, the said ten thousand pounds of tobacco, or so much thereof as is not already laid out in the said building, for completing and finishing the same. And forasmuch as there will be now two glebes in the new parish of Newport, Be it further enacted, That the glebe which did heretofore belong to the said parish of Warwicksqueak, with the appurtenances, be and is hereby vested in the vestry of the new parish of Nottoway, when the same shall be elected; and in the vestry of that parish, for the time being, in trust, that they shall sell, and by deeds of bargain and sale, convey for the best price that can be got, the said glebe, with the appurtenances, by such description as they shall think fit, to any person or persons who shall purchase the same, to hold to such purchaser or purchasers, in fee simple: And when the same is so sold and conveied in trust, for purchasing, with the money arising by such sale, a new glebe, for the parish of Nottoway, or in building upon, or improving, the new glebe: And they are further impowered and made capable, to take, receive, and hold, any land, to be purchased, or given, for a glebe, for the use of the parson of the said parish of Nottoway, for the time being, forever. | |
| IV. And whereas, in settling the bounds between the counties of Nansemond, and Isle Wight, a small tract of land, which before, was supposed to be part of the county of Nansemond, was taken into Isle Wight, and became part of the parish of Newport, yet the people inhabiting the said tract of land, have refused to pay the parish rates, or levies, in that parish, or any other, pretending an ancient exemption, which appears to be without grounds: For removing the said pretence, Be it further enacted and declared, That the inhabitants of the said tract of land, shall pay and perform all parish rates, levies, and duties, in the said new parish of Newport; and in default thereof, shall be liable to the like distresses as other parishioners, are by the laws of this colony. |
| CHAP. XXI. An Act for destroying Crows and Squirrels in the Norther Neck, and on the Eastern Shore. | |
| I. WHEREAS crows and squirrels do great damage to the crops of corn, in some parts of this colony: For the prevention of the like damage hereafter, Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, every person dwelling in the Northern Neck, and on the Eastern-Shore, in this colony, who is by law obliged to give a list of the tithables in his or her family, shall, annually, before the time appointed for returning such lists to the county court, produce to the justice of peace who shall be appointed to take the lists of tithables in the precinct where such person shall dwell, three crows heads, or squirrels scalps, for every tithable by him or her listed that year; and every such justice shall forthwith cause such scalps and heads to be destroied, to prevent their being produced a second time; and shall, in a distinct column, to be for that purpose made in the said list, enter the number of such heads and scalps, in a line with the name of the person producing the same: And the court of every county in the said Northern-Neck, and on the Eastern-Shore, shall, annually, at the laying of the county levy, give the county credit in one article, for two pounds of tobacco, for every head or scalp wanting to make up the full number required by this act. | Crows and Squirrels, to be killed in the Northern Neck, and on the Eastern-Shore. |
| II. And the sheriff, or collector of the said county is hereby impowered and required, to demand and receive of the delinquents, or by levy by distress, the said two pounds of tobacco, for each head, or scalp, so wanting to make up the said number of three heads, or scalps, for every tithable, as aforesaid, on every person respectively, who shall have failed to produce the same, according to the direction of this act; to be applied towards the discharge of the said county debt, in the manner herein directed. | |
| III. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force three years from the passing thereof, and no longer. |
| Pages 402-425
| Pages 447-468
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