Pages 426-446 
|  Pages 469-487
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| Pages 426-446
| Pages 469-487
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| CHAP. XXII. | ||
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| I. WHEREAS the mayor, recorder, and aldermen of the city of Williamsburg, or any three of them, whereof the mayor, recorder, or the last preceeding mayor shall be one, are authorized and impowered by law, to take the examination of any person or persons whatsoever, suspected of having committed any capital crime, or other offence, triable in the general court, or courts of oyer and terminer; and upon such examination, if they see cause, by mittimus under their hands, to commit such offender or offender [offenders] to the publick goal of the city: And forasmuch as the mayor, recorder, and aldermen, of the said city, have not power by law, to levy tobacco for defraying the charges necessarily accruing by reason of such examinations: | Counties of James City and York to levy tobacco, to defray expenses of criminal prosecutions, in the court of Williamsburg. | |
| 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 the justices of the court for the county of James-City, and the justices of the court for the county of York, shall, and they are hereby required, yearly, at the time of laying the levy for their respective counties, to levy so much tobacco as is now due, or which hereafter shall be due, for the serjeant of the said city, for the commitment, maintaining in prison, and releasement of prisoners committed to his charge for criminal offences, and for summoning a court, and witnesses, for their examination; for the clerk of the court of hustings, for his attendance at the examination of such criminal offenders; and for the constable of the said city, for serving warrants upon such criminal offenders, as is by law allowed to be levied for the sheriff, county court clerk, and constable, for services of the like sort, in the several counties of this colony: That is to say, The justices of the court for the said county of James-City, shall levy such of the said charges as shall be occasioned by reason of offences committed in that part of the said city, and the jurisdiction thereof, which lies in the said county of James-City; and the justices of the court for the said county of York, shall levy such of the |
| said charges, as shall be occasioned by reason of offences committed in that part of the said city, and the jurisdiction thereof, which lies in the said county of York. All which tobacco, so levied, shall be paid by the sheriff, or other collector of the county levy, of the said counties of James-City, and York, respectively, to the several persons for whom the same shall be levied, in the same manner as the other creditors in the county levy shall be paid. | ||
| CHAP. XXIII. | ||
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| I. WHEREAS in the month of April last past, the house of Christopher Jackson, clerk of the county of Nansemond, wherein the records of the said county were kept, was, together with the greater part of the said records, by accident of fire, burnt and consumed; and this assembly being willing to afford all possible relief to the persons concerned in the said misfortune, whose estates, titles, and interests, may be affected thereby: Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the court of the county of Nansemond, when any original deeds, with the indorsement of the acknowledgment, or proof thereof, and order for recording the same, attested by the clerk of the court, or the copies of any deeds, with such indorsement, so attested, or of any wills, with the indorsement of the pooof, and order for recording the same, so attested, or of any judgment, decree, or order of court, in like manner attested, the original records of which deeds, wills, judgments, decrees, or orders are lost, shall be produced to them for that purpose, shall order the clerk of the said court, to again record all such original deeds, copies of deeds, or wills, with the said indorsements, respectively, and all such copies of judgments, decrees, and orders of court. And the said clerk, when he shall have recorded any thing, in pursuance of this act, shall indorse the same thus, Recorded according to the Form | Records of Nansemond, being destroyed by fire, how evidence of them may be perpetuated. |
| of the act of Assembly of the eighth year of the reign of king George the second; to which he shall subscribe his name; and likewise enter the said endorsement upon record with the thing recorded; which shall have the same operation and effect, in the law, to all intents and purposes, as if the said original records had not been lost. | |
| II. And be it further enacted, That the clerk of the said court, shall do and perform the services in this act mentioned, for the same fee that is or shall be allowed by law, in other cases, for a copy of any thing herein beforementioned; and in like manner, he shall take no other or greater fee, for the recording any deed, which hath been already made and recorded, or shall be made, by occasion only of the misfortune aforesaid, for the settling the right or title of any person or persons whatsoever, to lands and tenements, slaves, or goods and chattels, than in other cases is or shall be allowed by law, for a copy of any such deed; any law, custom, or usage, to the contrary hereof, notwithstanding. | |
| III. And, for perpetuating the testimony of witnesses, in relation to any deed, will, inventory, or other writing, recorded in the said county court, where the original is lost, and no attested copy thereof can be produced, Be it further enacted, That it shall and may be lawful, for the governor, lieutenant-governor, or commander in chief of this colony, for the time being, to issue one commission or more, under the great seal of the colony, to twelve able and discreet persons directed, giving them, or any four, or more of them, full power and authority to meet at some convenient time and place by them to be appointed, and to adjourn from time to time, as they shall think fit; and to summon, hear, and examine all witnesses, at the instance of any person whstsoever, touching the premises; and to take their depositions in writing, and to return the same, with such commission, to the secretary's office: And such depositions shall be laid before the general assembly, at the next session; to the end they may be enabled to give such effectual relief to the sufferers by the loss of the said records, as to them shall seem most just and reasonable. And the said commissioners shall have power to appoint some fit person, skilled in clerkship, to attend them, for keeping a journal of their |
| proceedings, and drawing the depositions aforesaid, which person shall be paid for his service, by the said county of Nansemond. | |
| CHAP. XXIV. An Act for dividing Spotsylvania County. | |
| I. WHEREAS divers inconveniences attend the upper inhabitants of Spotsylvania county, by reason of the great distance from the court-house, and other places, usually appointed for public meetings, 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 immediately after the first day of January, now next ensuing, the said county of Spotsylvania be divided, by the dividing line, between the parish of St. George, and the parish of St. Mark; and that that part of the said county, which is now the parish of St. George, remain, and be called, and known by the name of Spotsylvania county; and all that territory of land, adjoining to, and above the said line, bounden southerly, by the line of Hanover county, northerly, by the grant of the lord Fairfax, and westerly, by the utmost limits of Virginia, be thenceforth erected into one distinct county, and be called and known by the name of the county of Orange. | Spotsylvania county divided. Orange county formed. |
| II. And, for the due administration of justice, Be it further enacted, by the authority aforesaid, That after the first day of January, a court, for the said county of Orange, be constantly held, by the justices thereof, upon the third Tuesday in every month, in such manner as by the laws of this colony is provided, and shall be by their commission directed. | Court days. |
| III. And, for the encouragement of the inhabitants already settled, and which shall speedily settle, on the westward of Sherrendo river; Be it further enacted, by the authority aforesaid, That all the said inhabitants, which shall be settled there the said first day of January, shall be free and exempt from the paiment of public, county, and parish levies, by the space of three years, from thence next following. And all such persons as shall settle there within the said three years, | Encouragement to settlers beyond the Shenandoah River. |
| shall also be free and exempt from the paiment of such levies, for the remainder of the said three years. Provided always, That nothing herein contained, shall be construed to debar the sheriff, or collector, of the said county of Spotsylvania, as the same now stands undivided, to make distress for any levies, fees, or other dues, which shall be due from the inhabitants of the said county of Orange, the said first day of January, in the same manner as by law the said sheriff, or collector, might have done, if this act had never been made; any law, custom, or usage, to the contrary hereof, in any wise, notwithstanding. | ||
| CHAP. XXV. | ||
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| I. WHEREAS Charles Burges, late of the county of Lancaster, gent. deceased, was in his life time, and at the time of his death, seised in fee simple, of divers plantations, and parcels of land, with the appurtenances, lying and being in the counties of Prince-William, and Spotsylvania; that is to say, Three thousand two hundred and thirty acres, lying and being in the said county of Prince-William, near the mountains, called the Coblers, granted to him by right honourable Thomas, lord Fairfax, proprietor of the Northern Neck, in Virginia, by his certain deed poll, bearing date the fifteenth day of June, in the year of our lord one thousand seven hundred and thirty one; three thousand and forty six acres, lying and being near the mountains, in the said county of Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the same fifteenth day of June, in the year aforesaid; eleven hundred and seventy six acres, lying and being on Goose-Creek, in the said county of Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the seventeenth day of June, in the year of our lord one thousand seven hundred and thirty one; and two thousand nine hundred and twenty five acres, lying and being upon Goose Creek, aforesaid, in the said county of | Executors of Charles Burges, empowered to sell his lands in Prince-William and Spotsylvania. |
| Prince-William, granted to him by the said lord Fairfax, by one other deed poll, bearing date the thirteenth day of September, in the year of our lord one thousand seven hundred and thirty one; and seven thousand four hundred acres, lying and being in the little fork of Rappahanock river, in the said county of Spotsylvania, granted to him by patent, under the great seal of Virginia, bearing date the twenty fifth day of August, in the year of our lord one thousand seven hundred and thirty one, aforesaid, amounting, in the whole, to seventeen thousand seven hundred and seventy seven acres; besides divers other parcels of land, with the appurtenances, of considerable value. And whereas the said Charles Burges, at the time of his death, being possessed of, and interested in, a great number of slaves, and a personal estate, consisting mostly of outstanding debts, many of which are precarious, or cannot be recovered in any short time, did make his last will and testament, in writing, bearing date the fourth day of November, in the year of our lord one thousand seven hundred and thirty two, whereby he gave several considerable legacies to Frances Burges, his wife, and to his sisters, leaving only three daughters, and the greatest part of his estate undisposed of, and appointed his said wife, and Edwin Conway, and James Ball, gent. executors of his said last will; and since his death, many great debts have been demanded of the said executors, which exceed, and must exhaust, the whole value of the said slaves, and personal estate, if the creditors should bring their actions, and serve executions which will likewise be attended with great expences; whereby the testator's lands must remain a burthen upon the said children, without any hopes of improving or raising any profits out of them. And though by an act of the parliament of Great Britain, lately made, all lands, in the plantations, are made liable to be sold, as a personal estate, for the paiment of debts, yet, in this case, that must be done upon executions, which must issue upon judgments obtained by the creditors, who have their election to take such part of the other estate as may be more easily sold: Therefore, for saving the great expence of law charges, which must necessarily attend the discharging the said debts, in the ordinary course of administration; for preserving the slaves, or such part of them as may be necessary for the cultivating and improving | Recital of act of parliament, subjecting lands to sale, in
the colonies. |
| such of the testator's lands as are like to bring in the most profit; and for the better performing and executing the said last will, by paying the legacies contained therein; | |
| II. May it please your most excellent Majesty, at the humble suit of the said Frances Burges, Edwin Conway, and James Ball, That it may be enacted; 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 said Frances Burges, Edwin Conway, and James Ball, or any two of them, and the survivors and survivor of them, and the executors of such survivor, or the administrator of the goods and chattels of the said Charles Burges, by them not administered, be and are hereby severally impowered, to sell to any person or persons, who shall be willing to purchase the same, and for the best price that can be got, all, or any part of the said seventeen thousand seven hundred and seventy seven acres of land, above mentioned and described; and to execute all deeds and conveiances necessary in the law, for assuring unto such purchaser or purchasers, a good estate in fee simple, in the lands so to be purchased: and such purchaser or purchasers shall afterwards for ever peaceably and quietly hold and enjoy the lands, so purchased, to them and their heirs for ever. And the money paid by such purchaser or purchasers, shall be applied, in the first place, to paying the debts, and then the legacies, of the said Charles Burges. And this act is declared to be a public act. | |
| III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their heirs and successors, (other than the heirs of the said Charles Burges, and the persons claiming under his will) all such right, title, estate, interest, claim, and demand whatsoever, of, in, and to, all or any of the lands before mentioned, as they, every, or any of them, had, should, or might have had, if this act had never been made. |
| CHAP. XXVI. | ||
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| I. WHEREAS Robert Carter, late of Corotoman, in the county of Lancaster, esq. deceased, was, in his life-time, seised in fee-simple, of and in divers messuages, tenements, plantations, tracts of land, and other hereditaments, with the appurtenances, in several counties of this colony, and was possessed of a great number of slaves, and a very large personal estate, and so being thereof seised and possessed, did make his last will and testament, in writing, bearing date the twenty second day of August, in the year of our lord one thousand seven hundred and twenty six, and afterwards at several times did make divers codicils, which he declared should be taken to be part of his last will; by which will and codicils, among other things, he devised to Robert Carter the younger, his eldest son by a second venter, certain of the said messuages, tenements, plantations tracts of land, and other hereditaments, with the appurtenances, in tail male, with divers remainders over, in tail; and did also give to his said son many of the said slaves, and great stocks of cattle, and other goods and chattels, being upon and belonging to the several plantations to him devised; to a great and considerable value: And moreover, did make the said Robert Carter the younger, with John Carter, and Charles Carter, esqrs. residuary legatees, of such estate as was not disposed of by his said last will and codicils, as in the said last will and codicils more fully is contained. And some time after the date of the last of the said codicils, the said Robert Carter the younger, departed this life, in the life-time of his father, leaving a widow, Priscilla Carter, and two children, Robert, his son and heir, and Elizabeth, a daughter, now in their infancy: Whereby, according to the strict rules of law, all the lands, tenements, and other hereditaments aforesaid, with the appurtenances, devised to the said | Recital of the Will of Robert Carter of Corotoman. |
| Robert Carter, the son, pass to the said Charles Carter, the next in remainder in tail male; and all the slaves devised to him, descended to the said John Carter, the eldest son and heir of the testator, as a real estate, undisposed of: So that the family of the said Robert are left unprovided for, and can have no relief by any ordinary remedy; though the said testator, after the death of the said Robert, did, in a private discourse, declare his design to provide for the said widow and her children, in the following manner: that is to say, to charge the estate devised to his son, with the paiment of a competent portion to his grandaughter, the said Elizabeth Carter; and when that should be accomplished, that all the lands, slaves, stocks of cattle, and other goods and chattels, specifically given to his son, should remain to his grandson the said Robert Carter, now living, for such estate and interest, as his father would have had, if he had survived the testator; provided the said Robert, the grandson, should live to be of age. | |
| II. And, forasmuch as the said John Carter, and Charles Carter, are very desirous to fulfil what the testator declared to be his design in the premises, though it cannot in law take effect, as part of his last will; at the humble suit of the said John Carter, Charles Carter, and Priscilla Carter, Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That all and singular the messuages, plantations, lands, tenements and hereditaments, with the appurtenances, devised by the said Robert Carter the elder, to the said Rober Carter the younger, deceased, be and are hereby vested in the said Robert Carter the grandson, for such estate or estates therein, as his father the said Robert Carter the son, would have had, if he had survived the testator: And that all the slaves, stocks of cattle of all kinds, and all the goods and chattels whatsoever, being upon all or any of the said plantations, which were intended to pass with those plantations, shall be vested in the said Robert Carter, so soon as he shall attain the age of twenty one years, as his absolute property: Subject, nevertheless, to the trust herein after mentioned. | Provision for his descendants. |
| But if he shall happen to die, before he attains that age, having no child at the time of his death, nor leaving a wive, priviment ensient, who shall have a child born alive; then all the said slaves, and their increase, and the said goods and chattels, shall be equally divided between the said John Carter and Charles Carter, if they should be then living; and if both of them should die, between their respective heirs, executors and administrators; and if one of them should die, between the heirs, executors and administrators of him who shall die, and the survivor. | |
| III. And be it further enacted, by the authority aforesaid, That during the infancy of the said Robert Carter, or if he die under age, until the time that he would have been of age if he had lived, all and singular the before mentioned messuages, plantations, lands, tenements and hereditaments, with the appurtenances; and the slaves, and other the premises aforesaid, shall be held by the said John Carter, and Charles Carter, and the survivor of them, and the executors and administrators of such survivor, in trust, for the maintenance and education of the said Robert and Elizabeth, during their infancy; and for raising and paying out of the profits of the same premisses, to Priscilla Carter, the widow of the said Robert Carter the son, and to her executors and administrators, the sum of two thousand five hundred pounds sterling, in full satisfaction of all her claim and demand, against the estate hereby settled. Saving, nevertheless, to the said Priscilla Carter, her living in the dwelling house at Nominy, the use of the domestic slaves, and all reasonable supplies for house-keeping, during her widowhood; and after raising and paying the said sum of two thousand five hundred pounds sterling, in trust, for the raising and paying so much money to the said Elizabeth Carter, as will make up her portion, with the legacy given to her by her said grandfather, the sum of two thousand pounds sterling; which said sum of money, so to be raised, shall be vested in, and paid to, the said Elizabeth, upon her marriage, or attaining the age of twenty one years: but if she should die unmarried, or under that age, then as to the money raised for her, and all the surplus of the profits, in trust, for the benefit of the said Robert Carter, in case he shall live to be of age, or to be married, and have a child. |
| IV. And be it further enacted, That if the said Robert Carter shall die before the age of twenty one, without child, or not leaving a wife, priviment ensient, who shall have a child born alive, then the money raised for the said Elizabeth at the time of her death, and all other surplus of the profits of the said estate, shall be divided as follows: That is to say, One fourth part thereof to the said Priscilla Carter, if she be then living; and the rest, or if she die before her daughter, the whole money so raised as aforesaid, shall vest in the said John Carter, his executors and administrators. | ||
| V. Provided nevertheless, That after the money so to be raised, for the said Priscilla Carter, shall be satisfied, if the said Elizabeth Carter shall die under age, or unmarried, and the said Robert Carter, shall also die in his minority, the other trusts, aforesaid, shall cease and determine. | ||
| VI. Provided also, That the wife of the said Robert Carter, in case he shall marry under age, shall have her dower in all and singular the messuages, plantations, lands, tenements, and hereditaments, with the appurtenances, and the slaves, aforesaid, in this act settled. | ||
| CHAP. XXVII. | ||
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| I. WHEREAS William Bernard, late of the county of Gloucester, gent. deceased, was, in his life time, and at the time of his death, seised in fee simple, of one parcel of land, containing two hundred and fifty acres, with the appurtenances, lying and being in the parish of Petsworth, in the county of Gloucester, aforesaid: and so being thereof seised, did make his last will and testament, in writing, bearing date the twenty seventh day of April, in the year of our Lord one thousand seven hundred and four; and thereby, among other things, did devise the said parcel of land, by the name and description of, All the remainder of | Certain intailed lands vested in Charles Tomkies, & others, in fee-simple, settled. |
| his land, being part of the land which he bought of John Jordan, lying on the east side of Rappahanock road, to his son Robert, and his heirs male, for ever; and some time after making the said will, the said William Bernard died, and the said Robert Bernard entered into the said land, and was and is thereof seised. And whereas Charles Tomkies, of the county of Gloucester, aforesaid, gent. is and stands seised in fee simple, of one plantation and parcel of land, with the appurtenances, lying and being in the parish of Kingston, in the county of Gloucester, aforesaid, containing, by estimation, four hundred acres, more or less, which the said Charles lately purchased of one George Pool, and Elizabeth, his wife; and the said Robert and Charles, so being severally seised, have made an agreement to exchange the said several parcels of land. And forasmuch as the said last mentioned lands, in the parish of Kingston, are of more value than the first mentioned intailed lands; and notice has been published, three Sundays successively, in the church of the parish of Petsworth, aforesaid, that application would be made to this general assembly, to vest the said intailed lands in the said Charles Tomkies, in fee simple, upon settling the other lands aforesaid, to the same uses, pursuant to your majesty's instructions. | |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Robert Bernard, and Charles Tomkies, that it may be enacted; 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 said two hundred and fifty acres, with the appurtenances, so as aforesaid devised, by the last will and testament of the said William Bernard, to the said Robert Bernard, in tail male, be and is hereby vested in the said Charles Tomkies, his heirs and assigns, to the only use and behoof of him, the said Charles Tomkies, his heirs and assigns for ever: And that the other four hundred acres of land, with the appurtenances, whereof the said Charles Tomkies is seised in fee, as aforesaid, be and is hereby vested in the said Robert Bernard, and the heirs male of his body, lawfully begotten, for ever: And upon failure of such issue, shall revert to the right heirs of the said William Bernard, the testator, in lieu of the said intailed lands. |
| III. Saving to the king's most excellent majesty, his heirs and successors, and every other person or persons, bodies politic or corporate, their heirs and successors, other than to the person or persons, claiming under the last will and testament of the said William Bernard, the lands beforementioned, as they, every, or any of them, had, should, or might have had, if this act had never been made. | ||
| IV. Provided nevertheless, The execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XXVIII. | ||
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| I. WHEREAS the Nottoway Indians are possessed of a large tract of land, laid off in a circle of six miles diameter, lying and being on the north side of Nottoway river, in the county of Isle of Wight; and of one other large tract of land, of six miles square, lying and being on the south side of the said river, in the county aforesaid: And, whereas that nation is of late reduced, by wars, sickness, and other casualties, to a small number, and among those that remain, many are old and unable to labour or hunt, so that one of the said tracts will be sufficient for them, and more than they are able, in their present circumstances, to cultivate, or make any use of: And whereas they have petitioned this general assembly to be enabled to sell the first mentioned tract in small parcels, for the payment of their debts, and the better support and maintenance of them and their posterity: And forasmuch as the appropriation of two such large tracts, for so small a number of people, prevents the increase of inhabitants in that parish, and is therefore grievous and burthensome to the present parishioners, | Nottoway Indians authorised to sell certain lands. | |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the chief men of the said Nottoway nation, be and are hereby impowered to make sale of all, or any part of the said first mentioned | Trustees. |
| circular tract, by and with the consent of John Simmons of the said county of Isle of Wight, Thomas Cocke, and Benjamin Edwards, of the county of Surrey, gentlemen, who are hereby appointed trustees, to see this act duly executed; and after any agreement made, for the sale of any part of the said land, so as such part do not exceed four hundred acres to any one person, it shall and may be lawful for the said chief men, together with the trustees aforesaid, or the survivors or survivor of them, to seal and deliver a feofment, and to make livery of seisin upon the land, to be endorsed upon such feofment, to the purchaser; who immediately after the execution thereof, shall pay down to the said chief men, the purchase money; for which, a receipt shall be likewise endorsed on the deed: And any feofment so executed, and perfected, and afterwards acknowledged, or proved by the oath of three witnesses, and recorded in the court of the said county of Isle of Wight, where the lands lie, shall be sufficient in law, to pass the fee simple estate of such lands; and the purchaser or purchasers thereof, his or their heirs or assigns, shall for ever hold and enjoy the same, freed and discharged from all claims of the said Nottoway nation, and their posterity; any thing in one act of the general assembly, made in the fourth year of the reign of the late queen Anne, intituled, An Act for preventing of misunderstandings between tributary Indians & other her Majesty's subjects of this colony and dominion, and for a free and open trade with all Indians whatsoever; or in any other act of the general assembly contained, to the contrary hereof, in any wise, notwithstanding. | |
| III. And, by and with the consent of the said Nottoway Indians, Be it further enacted, That four hundred acres, parcel of the said circular tract of land, where the said trustees, or the survivors or survivor of them shall allot the same, in one entire parcel, be by them laid out and bounded, and shall be thenceforth appropriated for a glebe for the use of the parson of the parish wherein the same doth or shall lie, and his successors, for ever, before any sale shall be made out of the same, in pursuance of this act, so as the vestry of the said parish shall first pay, or secure to be paid, unto the said chief men, such a price for the same as shall be adjudged reasonable, by the said trustees, or the survivors | Reservation for a glebe. |
| or survivor of them; and so as a survey of the said four hundred acres, expressing the bounds thereof, be recorded in the court of the county of Isle of Wight, aforesaid. | ||
| IV. Provided always, That the said trustees, or either of them, shall not, directly or indirectly, purchase any dividend or parcel of the said land from the said Indians, without the special approbation of the governor or commander in chief of this colony, for the time being, with the advice and consent of the council, first had and obtained: And if any purchase shall be made, contrary to this act, the same shall be void, to all intents and purposes. | ||
| V. And whereas the salaries allowed to the Indian interpreters, are very burthensome, and their service of little use, seeing the tributary Indians understand and can speak the English language very well, Be it further enacted, That the said Indian interpreters be from henceforth discharged, and the salaries usually allowed them annulled. | Indian interpreters discharged. | |
| VI. Provided nevertheless, That the governor or commander in chief of this colony, for the time being, shall have power when he thinks it necessary, to employ any person skilled in the Indian language, to interpret before the general court, or the council, for any Indians whatsoever; and for such service, a reasonable allowance shall be made, from time to tome, in the public levy. | ||
| CHAP. XXIX. | ||
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| I. WHEREAS John Robins, late of Robins's Neck, in the county of Gloucester, deceased, was, in his life time, seised in fee simple, of two thousand acres of land, with the appurtenances, lying and being in Robins's Neck, aforesaid, between the rivers Ware and Severn, in the parishes of Ware, and Abington, in the county aforesaid; and of five hundred acres of land, with the appurtenances, lying and being in the parish of | Certain entailed lands vested in Henry Willis, and others, in fee-simple settled. |
| Elizabeth-City, in the county of Elizabeth-City, and so being thereof seised, did make his last will and testament in writing, bearing date the two and twentieth day of November, in the year of our lord one thousand six hundred and fifty five, and thereby, among other things, did devise unto his second son, William Robins, the plantation lying in Elizabeth-City county, in the possession of lieutenant Lee, George Martin, and Mr. Linnor; and all that part of his dividend, in the county of Gloucester, lying on the westward side of Gowlett's creek, part whereof was in the possession of John Walker, and Robert Gowlett, to him, and the heirs of his body lawfully begotten, for ever: And devised to his third son, Thomas Robins, and to the heirs of his body lawfully begotten, for ever, the plantation lying in Elizabeth-City, in the occupation of James Andrews, and John Hanson; and six hundred acres, part of his dividend, in Gloucester county: And he devised his plantation, in Elizabeth-City, in the possession of Robert Gray, John Lee, and Simon Sleeder; and his plantation in Gloucester county, where he then lived, with all the remainder of that dividend of land, not before given, to his eldest son, Christopher Robins, and the heirs of his body lawfvlly begotten, for ever; and declared his will to be, that if either of his sons died without heirs of their bodies, the two surviving sons should enjoy all the said lands, equally to them and their heirs, for ever: And if two of his sons should die, without heirs of their bodies, then the survivor should enjoy all the said lands, to him and the heirs of his body lawfully begotten, for ever: And if it should happen, that all his three sons should die without issue, then he devised all the said lands to his two daughters, their heirs and assigns, for ever, as by the said last will, relation thereunto being had, more fully and at large may appear. | |
| II. And whereas the said William Robins, the second son, some time afterwards, departed this life, without issue, whereby the land devised to him, vested in the said Christopher Robins, and Thomas Robins, according to the said will; and the said Christopher Robins thereby became seised in fee tail of one moiety of the said several dividends of land, in the counties of Gloucester, and Elizabeth-City, and so being thereof seised, departed this life, leaving issue two daughters, Anne, and Elizabeth, who entered and were seised as |
| the law requires, and so being thereof seised, the said Anne intermarried with one Robert Freeman, and the said Elizabeth intermarried with one James Shackleford, which said Robert and James, afterwards did sell and alien, to divers persons, all the lands so as aforesaid descended to their respective wives, except sixty acres, and some times afterwards departed this life; the said Robert leaving issue by the said Anne, Robert Freeman, their eldest son; and the said James leaving issue by the said Elizabeth, James Shackleford, their eldest son, besides many other children, who were left in very poor circumstances; and since their decease, the said Anne Freeman, and Elizabeth Shackleford, have been obliged to bring several ejectments, for recovering their right to the said lands, sold as aforesad, by their husbands, and in the prosecution thereof, have been put to great expences for law charges; and in order to defray the same, have been forced to sell their estate in the said lands, and have executed conveiances accordingly, to Henry Willis, of the county of Spotsylvania, gentleman: And for the better assuring of his title, the said Robert Freeman, and James Shackleford, the eldest sons and heirs apparent of the said Anne, and Elizabeth, joined in the said conveiances, so that the said Anne and Elizabeth, Robert and James, can never, in their life times, receive any benefit or advantage from the said lands; and the said Anne, and Elizabeth, have now a very numerous issue, consisting of upwards of threescore children and grandchildren, who are all in miserable circumstances, unable to support themselves but by hard labour of those who are able to work. | |
| III. And whereas the said Henry Willis is and stands seised in fee simple, of an in one water grist-mill, two plantations, and two thousand acres of good land, with the appurtenances, lying and being in the little fork of Rappahanock river, in the county of Spotsylvania, aforesaid, which he is willing to settle, with eight slaves, to the uses of the said intailed lands, so as that the fee simple estate of the said intailed lands may be confirmed to him, whereby the said Anne and Elizabeth, and their poor families, may hereafter be comfortably subsisted; all which appears very just and reasonable. | |
| IV. And forasmuch as notice has been given in the several parish churches, wherein the said intailed lands |
| lie, of the application to this general assembly, to dock the said intail, pursuant to your majesty's instructions, May it please your most excellent majesty, at the humble suit of the said Anne Freeman, and Robert Freeman, her son and heir apparent, Elizabeth Shackleford, and James Shackleford her son and heir apparent, and the said Henry Willis, that it may be enacted; and be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That all that part of the lands, so as aforesaid devised by the last will of the said John Robins, to the said Christopher Robins, and the moiety of the said lands devised to the said William Robins, which upon his death without issue, remained to the said Christopher, and whereof the said Christopher died seised, as aforesaid, with all and singular the appurtenances thereunto belonging, be and are hereby vested in the said Henry Willis, his heirs and assigns, to the only use and behoof of the said Henry Willis, his heirs and assigns, for ever: And he the said Henry Willis, his heirs and assigns, shall hold the same, freed and discharged from all the limitations in the last will and testament of the said John Robins contained: And that the water grist-mill, two plantations, and two thousand acres of land, with the appurtenances, lying and being in St. George's parish in the little fork of Rappahanock river, in the county of Spotsylvania, aforesaid, being part of three thousand acres of land, granted to the said Henry Willis, by patent, bearing date under the seal of the colony of Virginia, the first day of February, in the year of our lord one thousand seven hundred and twenty six, be and are hereby vested in the said Anne Freeman, and Elizabeth Shackleford, and the heirs of the body of the said Christopher Robins, for ever: And that all and every person or person whatsoever, who by the last will and testament of the said John Robins, might have claimed the said first mentioned intailed lands, (now vested in the said Henry Willis,) by virtue of the limitations of the said John Robin's last will and testament, shall for ever hereafter, hold and enjoy all and singular the said last mentioned lands and premises, with the appurtenances, successively, one after another, as they might have claimed and held the said intailed lands, if this act had never been made. |
| V. And be it further enacted, by the authority aforesaid, That the said Henry Willis shall, after the passing of this act, place upon the said last mentioned lands, in the county of Spotsylvania, eight slaves, (to wit,) Four men, and four women, not exceeding the age of twenty years; and shall deliver in the names of such slaves, so to be placed, into the court of the county where the lands lie, there to be recorded; and for ever afterwards, the said slaves shall be annexed to the said last mentioned lands and premises; and shall pass in descent, remainder, and reversion, so long as they or any of their increase shall be living, with the said last mentioned lands; and for ever after, shall, from time to time, vest in the person and persons claiming and holding the said last mentioned lands, under the limitations of the last will and testament of the said John Robins, respectively. | ||
| VI. Saving to the king's most excellent majesty, his heirs, and successors, and to all and every other person or persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim, and demand, other than the persons claiming under the last will and testament of the said John Robins, as they, every, or any of them, should, or might claim, if this act had never been made. | ||
| VII. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XXX. | ||
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| I. FORASMUCH as it is represented to this assembly, by the principal inhabitants of the towns of York and Glocester, in the counties of York and Glocester, that they are often in great and imminent danger of having their houses and effects burnt and consumed, by reason of the many wooden chimneys in the said towns: Be it enacted, by the Lieutenant-Governor, | Towns of York and Glocester, regulations as to building wooden chimnies, & suffering hogs & goats to run at large in. |
| Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall not hereafter be lawful for any person whatsoever, to erect or build, or cause to be erected or built, in either of the said towns, any wooden chimney, or chimneys; neither shall it be lawful for any person whatsoever, after the expiration of three years, next after the passing of this act, to make use of any wooden chimney already erected in the said towns or either of them. | |
| II. And be it further enacted, by the authority aforesaid, That the owners or proprietors of all such wooden chimneys, as now are in the said towns respectively, shall, before the expiration of the time aforesaid, wholly desert and disuse the same, or cause them to be pulled down; otherwise it shall be lawful for the sherifs of the said counties, respectively, and they are hereby required to cause all such wooden chimneys to be pulled down and demolished; and in like manner, it shall be lawful for the said sherifs, and they are hereby also required, to cause to be pulled down and demolished, all other wooden chimneys, which shall or may happen to be built or erected in the said towns, respectively, in breach of this act. | |
| III. And whereas it is represented to this assembly, that great numbers of hogs and goats are raised, and suffered to go at large, in the said town of York, to the very great prejudice of the inhabitants thereof: Be it further enacted, by the authority aforesaid, That from and after the passing of this act, it shall not be lawful for any person or persons, owners of any swine or goats, to suffer the same to run or go at large, within the limits of the said town; and if any swine or goats shall be found running or going at large, within the said limits, it shall be lawful for any person whatsoever, to kill and destroy every such swine, or goat, so running or going at large. | |
| IV. Provided always, That such person shall not convert any such swine or goat to his or her own use, but shall leave the same in the place where it shall be killed, and give immediate notice to the owner thereof, if such owner shall be known to him, or her; and if not, then such person shall immediately inform the next justice of the peace thereof, who may order the same to the use of any poor person or persons that he shall think fit. |
| V. And be it further enacted, by the authority aforesaid, That if any action or suit shall be commenced or prosecuted against any person or persons, for the killing any swine, or goat, pursuant to this act, such person or persons may plead the general issue, and give the special matter in evidence. | ||
| VI. Provided always, That nothing herein contained, shall be construed, deemed or taken, to forbid or hinder any person or persons from driving any swine or goats, to or through the said town, or the limits thereof, in order to sell the same, or in their removal from one plantation to another. | ||
| CHAP. XXXI. | ||
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| I. WHEREAS divers inconveniences attend the upper inhabitants of the county of Prince-George, by reason of their great distance from the court-house, and other places usually appointed for public meetings, 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 immediately after the twenty-fifth day of March, now next ensuing, the said county of Prince George, and that part of the parish of Bristol which lies in the same, be divided, from the mouth of Namozain creek, up the same, to the main, or John Hamlin's fork of the said creek; thence up the south or lowest branch thereof, to White-Oak Hunting Path; and thence, by a south course, to strike Nottoway river: And that all that part of the said county, below those courses, be thereafter one distinct county, and retain the name of Prince-George county: And that all that territory of land, above the said courses, bounded southerly by Great Nottoway river, including part of the county of Brunswick, and parish of St. Andrew, so far as to take the ridges between Roanoak and Appomatox rivers; and thence, along those ridges, to the great mountains, westerly by the said mountains, and northerly by the southern boundaries of Goochland and | Prince George county divided, including part of Brunswick. Amelia county formed. |
| Henrico counties, be thenceforth erected into one other distinct county and parish, and called and known by the name of Amelia county, and Raleigh parish. | |
| II. And for the due administration of justice, Be it further enacted, by the authority aforesaid, That after the said twenty fifth day of March, a court, for the said county of Amelia, be constantly held, by the justices thereof, upon the second Friday in every month, in such manner as by the laws of this colony is provided, and shall be by their commission directed. | Court days. |
| III. And be it further enacted, by the authority aforesaid, That all and every the persons who are now vestrymen in that part of Bristol parish, in the said county of Prince-George, as the same now stands undivided, and who shall be living when the division of the said county shall commence, shall be and continue vestrymen of the said new parishes, of Bristol, and Raleigh, wherein they shall thereafter respectively reside: And that for completing the number of vestrymen, in the said parishes, the freeholders and house-keepers of the same, respectively, shall meet at some convenient time und place, to be appointed, and publickly advertised, by the sheriff of the county in which the parish shall lie, before the first Thursday in May, now next ensuing, and there elect and choose such and 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 comfortable 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. | |
| IV. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, or collector, of the said counties of Prince-George, and Brunswick, and the collectors of the said parishes of Bristol, and Saint Andrew, as the same now stands undivided, to make distress for any levies, fees, or other dues, which shall be due from the inhabitants of the said county of Amelia, and parish of Raleigh, after the said twenty fifth day of March, in the same manner as by law they might have done, if this act had never been made; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. |
| Pages 426-446
| Pages 469-487
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