Pages 487-507 
|  Pages 525-543
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| Pages 487-507
| Pages 525-543
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| CHAP. IX. An Act to prevent cutting up Tobacco-Suckers. | |
| I. WHEREAS, at a general assembly, begun and held at the capital, the twenty first day of May, in the third year of his majesty's reign, an act was made, for repealing the Act, for the better and more effectual improving the Staple of Tobacco: and for the better execution of the Laws now in force against tending Seconds; and for the further prevention thereof; which, among other things doth require, That where the constables in their perambulations directed by the said act, shall find or discover any slips or suckers, growing upon any plantation, above the height of nine inches, and the owner or overseer shall refuse to cut up and destroy them, the constables shall cause the same to be cut up and destroied: Which has been very inconvenient, | Preamble. |
| in destroying a very good manure, and impoverishing the land of the planters of tobacco: | |
| 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 so much of the said act, and the oath therein directed to be taken by the constables, so far as the same doth direct the cutting up of slips and suckers which are not turned out and tended, in order to make seconds, be and is hereby repealed, and made void. And that no planter shall hereafter be obliged to cut up the suckers growing naturally from the root or stalk of any tobacco plants that shall have been cut down. | Repeal of part of the former act. |
| III. And, for the better direction of the justices, and constables, in their respective duties, Be it enacted, That every constable shall take an oath, before some justice of the peace of the county wherein he or they respectively reside (which oath the said justice is hereby impowered and required to administer) in the words following, viz. | Constables to be sworn. |
| I A. B. do swear, That I will diligently and carefully view the several fields and places whereon tobacco shall be planted and tended, within the precinct whereof I am constable; and will make true information of all persons within my said precinct, whom I shall know to be guilty of the breach of any law of this colony, made against tending of slips or seconds, to the next court held for my county, after the same shall come to my knowledge. So help me God. | The oath. |
| IV. And, every constable performing his duty, according to the directions of this and the before-recited act, so far as the same is in force, and unrepealed, shall have and receive the like encouragement as in and by the said recited act is directed and prescribed. | The Reward. |
| V. Provided nevertheless, That the justices shall not levy any tobacco for the constables, if it shall appear to them that they have not made their perambulations, and done their duty, according to the true intent and meaning of the said act. And if any constable shall refuse to take upon him the duty directed by the said act, or taking the oath herein before directed, shall neglect his duty, he shall forfeit one thousand pounds of tobacco; one moiety to his majesty, his heirs and successors, | But not to be levied, if they neglect their duty; but they shall be subject to a penalty. |
| for and towards the support of the government, and the contingent charges thereof; and the other moiety to the informer: To be recovered by action of debt, in any court of record in this colony. | ||||||||||||||||||||||||||||
| CHAP. X. An Act for regulating the Fees and Accounts of the Practicers in Phisic. | ||||||||||||||||||||||||||||
| I. WHEREAS the practice of phisic in this colony, is most commonly taken up and followed, by surgeons, apothecaries, or such as have only served apprenticeships to those trades, who often prove very unskilful in the art of a phisician; and yet do demand excessive fees, and exact unreasonable prices for the medicines which they administer, and do too often, for the sake of making up long and expensive bills, load their patients with greater quantities thereof, than are necessary or useful, concealing all their compositions, as well to prevent the discovery of their practice, as of the true value of what they administer: which is become a grievance, dangerous and intolerable, as well to the poorer sort of people, as others, & doth require the most effectual remedy that the nature of the thing will admit: | Preamble. | |||||||||||||||||||||||||||
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of the act, no practicer in phisic, in any action or suit whatsoever, hereafter to be commenced, in any court of record in this colony, shall recover, for visiting any sick person, more than the rates hereafter mentioned: that is to say, | Fees of surgeons and apothecaries. | |||||||||||||||||||||||||||
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Of those who have taken a degree. | |||||||||||||||||||||||||
| III. And to the end the true value of the medicines administred by any practicer in phisic, may be better known, and judged of, Be it further enacted, by the authority aforesaid, That whenever any pills, bolus, potion, draught, electuary, decoction, or any medicines in any form whatsoever, shall be administred to any sick person, the person administring the same shall, at the same time, deliver in his bill, expressing every particular thing made up therein; or if the medicine administred, be a simple, or compound, directed in the dispensatories, the true name thereof shall be expressed in the same bill, together with the quantities and prices, in both cases. And in failure thereof, such practicer, or any apothecary, making up the prescription of another, shall be nonsuited, in any action or suit hereafter commenced, which shall be grounded upon such bill or bills: Nor shall any book, or account, of any practicer in phisic, or apothecary, be permitted to be given in evidence, before a court; unless the articles therein contained, be charged according to the directions of this act. | Phisic, how to be charged. | |||||||||||||||||||||||||
| CHAP. XI. An Act for the better regulation of the Office of Surveiors of Land; and directing them in their duty. | |
| I. FOR the better explaining the duty of surveiors of land; and to prevent, for the future, divers impositions and hardships, which some of them have laid on the people, in the male administration of their office, 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 when any person shall offer to enter with any surveior within this colony, for any quantity of land not before granted by patent, if the surveior shall refuse to enter the same, pretending it to have been before entered by some other person, the surveior, in that case, shall produce his book of entries for lands to the person offering to make such entry; and if required, give him an attested copy thereof: The person demanding the same, paying for such copy the fee of two shillings and six pence, and no more. | Preamble. Surveior to produce his book. |
| II. And, if any surveior shall refuse to produce his said book to any person requiring the same, so as such demand be made at the surveior's house, or any other place where his book of entries is; or to give a copy of any entry, or to enter any land, as aforesaid, provided the entry required to be made, be agreeable to, and not interfering with the orders of the governor in council, in relation to the taking up and patenting of lands; the surveior so refusing, shall forfeit and pay to such person, twenty pounds current money for every such refusal. | Penalty on refusal. |
| III. And that where any entries have been, or shall hereafter be made, for less than four hundred acres of land, and the persons making the same shall, before the survey thereof be made, duly enter for a greater quantity of land adjoining thereto, not exceeding, in the whole, four hundred acres, the surveior shall not be entitled to demand or receive any larger fee for the survey, than he should have been entitled to, if the whole quantity of land had been entred for at first. | Entries made at several times, not exceeding 400 acres. |
| IV. And that if any surveior shall survey any lands not before patented, without the known and established | No survey to be made by a |
| limits of the county of which he is surveior, except by order of the governor and council; such survey shall be deemed an illegal and void survey, and no patent shall issue thereupon; and the surveior presuming to make such survey, shall forfeit and pay five pounds current money to the surveior of the county where the lands shall lie. | serveior of another county. |
| V. And that where it shall happen, that any tract of land shall lie in two counties, and the title or bounds thereof shall be drawn into controversey, so as to occasion a survey of the same by the direction of the court wherein the controversy shall be depending; although the surveiors of both counties shall happen to attend such survey, yet they shall not be entitled to demand or receive any more for making such survey than as if one surveior only had attended and performed the service. | Survey of land in two counties. |
| VI. And that no surveior having fees due to him, by virtue of his office, shall presume to take, directly or indirectly, in his own name, or in the name of any other person in trust for him, any obligation, or other specialty, note, or other security, from any person whatsoever, for the payment of any sum or sums of money, in lieu of such fees; and all such specialties, notes, or securities taken, contrary to this act, shall be void, and no action or suit shall be maintained thereupon; and if any action or suit shall hereafter be brought upon any such specialty, note or security, the defendant may plead this act in bar thereof; and the plaintiff shall join the issue upon such plea; and upon the trial of such issue, the onus probandi, as to the consideration for which such specialty, note, or other security was given, shall lie upon the plaintiff. | No note or security, to be taken for surveiors fees. |
| VII. And that if any surveior shall refuse to make the allowance or abatement settled by law, for the conveniency of paying his fees in inspectors notes, when the person chargeable with such fees, shall pay the same; such surveyor shall forfeit and pay to such person, five shillings for every hundred pounds weight of tobacco, for which he shall refuse to make such allowance or abatement, and so proportionably for a less quantity than one hundred pounds of tobacco: All which penalties and forfeitures herein before mentioned, shall or may be recovered, by action of debt, or information, in any court of record within this dominion: except the | Penalty on refusal to allow for conveniency. |
| same shall be under twenty five shillings, and then before a justice of the peace. | |
| VIII. And to prevent disputes about the priority of entries for land, and for the greater conveniency of the people, in repairing, from time to time, to the surveyors of those counties where there are great quantities of unpatented land, to make entries for such land, Be it further enacted, by the authority aforesaid, That for the future, there shall be but one surveyor with whom entries for land shall be made, for each of the several counties of Brunswick, Amelia, Goochland, Hanover, and Orange; and such surveyor shall be resident in such county, respectively, on penalty of forfeiting ten pounds sterling, for every month he shall reside out of the same; one moiety of which shall be to our lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will sue or inform for the same: To be recovered, by action of debt, or information, in any court of record within this colony. | Entries to be made with one surveyor only, who shall reside in the county. |
| CHAP. XII. 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 it is hereby enacted by the authority of the same, That seven pounds and an half 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 two and twentieth day of August, one thousand seven hundred and thirty four, to the fifth day of August, one thousand seven hundred and thirty six: 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. | The public levy, from August 22, 1734, to August 5, 1736. |
| II. 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. | Where there shall be more or fewer tithables than the levy is laid on. |
| III. And, that the said seven pounds and an half 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 law of this colony, to the contrary, notwithstanding. | To be paid and repaid, without deduction. | |
| IV. And be it further enacted, by the authority aforesaid, That the courts of the several counties of Spotsylvania, Hanover, and Orange, at the laying of their next county levies, do assess and levy sixteen thousand pounds of tobacco, free from all deductions, on the tithable persons of their said counties, in proportion to the number of tithables of those counties, respectively; and the same do pay unto Martha Taylor, widow, executrix of James Taylor, deceased; in consideration of the said James Taylor his having run the dividing line, between the said county of Hanover, and the said counties of Spotsylvania and Orange, and of his incident expences. | 16000 lbs. of tobacco to be levied for Martha Taylor, in Spotsylvania, Hanover and Orange. | |
| CHAP. XIII. | ||
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| I. WHEREAS the late king Charles the second, by certain letters patents, under the great seal of England, bearing date at Westminster, the eighth day of May, in the one and twentieth year of his reign, reciting, that he, taking into his roial consideration, the propagation of the christian faith, and the manifold benefits arising to the church of God, together with the welfare of multitudes of his loial subjects, by the undertaking & vigorous prosecution of plantations of foreign parts, and particularly in his dominions of America, by his letters patent, under the great seal of England, bearing date at Saint Germains on Ley, the eighteenth day of September, in the first year of his reign, for the consideration therein expressed, had given, granted, and | Recital of the patent 21 Car. 2, wherein is recited another patent 1 ejusdem Regis. |
| confirmed, unto Ralph, lord Hopton, Henry, Earl of St. Albans, by the then name of Henry, lord Jermyn, John, lord Culpepper, John, lord Berkeley, of Stratton, by the name of Sir John Berkeley, Sir William Morton, one of the justices of his court of king's bench, by the then name of Sir William Morton, Sir Dudley Wyatt, and Thomas Culpepper, their heirs and assigns, for ever, all that intire tract, territory, or parcel of land, situate, lying, and being in America, and bounded within the head of the rivers Rappahanock, and Quiriough, or Patomack rivers, the courses of the said rivers as they are commonly called and known by the inhabitants, and descriptions of those parts, and Chesapeak bay; together with the rivers themselves, and all the islands within the banks of those rivers, and all woods, under-woods, timber and trees, ways, waters and rivers, ponds, pools, water-courses, fishings, streams, havens, ports, harbours, creeks, wrecks of sea, fish-roial, deer, wild beasts and fowl, of what nature and kind soever, mines of gold and silver, lead, tin, iron, and copper, and quarries of stone, and coal, which then were, or at any time thereafter should be had, coming, being and arising, renewing, accruing, found, or taken, within the bounds or precincts aforesaid; together with the roialty of hawking and hunting, for themselves, their heirs and assigns, servants and tenants, in and upon the lands and premises aforesaid: Saving and reserving to him, his heirs and successors, one full fifth part of all gold mines, or gold oar, and one full tenth part of all silver mines, or silver oar, thereafter to be found within the said tract or territory of land, to have, hold, and enjoy, all the said intire tract, territory, or portion of land, and all and singular other the premises, with their and every of their appurtenances, thereby granted, or mentioned, or intended to be granted, (except as before is excepted) to the said Ralph, lord Hopton, Henry, then lord Jermyn, now Earl of St. Alban's, John, lord Culpepper, sir John Berkeley, now lord Berkeley, af Stratton, Sir William Morton, Sir Dudley Wyatt, and Thomas Culpepper, their heirs and assigns, for ever, to their only use and behoof, and to no other use, intent, or purpose whatsoever: Yielding and paying therefore, yearly, at the feast of Saint John the Baptist, to his said majesty, his heirs and successors, the sum of six pounds thirteen shillings and four pence, at the receipt of James Town, in the |
| dominion of Virginia, in lieu of all services and demands whatsoever, reciting also, that the said Ralph, lord Hopton, John, lord Culpepper, Sir Dudley Wyatt, and Thomas Culpepper, being dead, and the said lord Hopton having sold his estate and interest in the premises, to John Tretheway, esq. the said tract, territory, or parcel of land, and all and singular other the premises had been surrender'd, together with the said letters patents, to be cancell'd; to the intent, that his said late majesty might grant them new letters patent thereof, with such alterations, provisos, and clauses, as therein after is expressed, he, the said late king, in consideration of the said surrender, and for an in consideration of the many and faithful services done to his late roial father, of blessed memory, and to himself, by the said Henry, Earl of Saint Albans, John, lord Berkeley, Sir William Morton, and John Tretheway, esq. and for divers other good causes and considerations him thereunto especially moving, of his special grace, certain knowledge, and mere motion, did give, grant, and confirm, unto the said Henry, Earl of Saint Albans, John, lord Berkeley, Sir William Morton, and John Tretheway, their heirs and assigns, for ever, all that intire tract, territory, or parcel of land, scituate, lying, and being in America, and bounded by and within the heads of the rivers Tappahannock, alias Rappahanock, and Quiriough, alias Patowmack rivers; the courses of the said rivers, as they are commonly called and known by the inhabitants, and descriptions of those parts, and Chesapeak bay; together with the rivers themselves, and all the islands within the banks of those rivers; and all the woods, under-woods, timber, and trees, ways, waters, rivers, ponds, pools, water-courses, fishings, streams, havens, ports, harbours, creeks, wrecks of sea, fish-roial, deer, wild beast, and fowl, of what nature and kind soever; mines of gold and silver, lead, tin, iron and copper, and quarries of stone, and coal, which then were, or at any time thereafter should be had, coming, being, arising, renewing, accruing, found, or taken, within the bounds or precincts aforesaid; together with the roialties of hawking and hunting, for themselves, their heirs and assigns, servants and tenants, in and upon the land and premises aforesaid, and in and upon every part and parcel thereof: Saying, [Saving,] excepting, and reserving, to his said late majesty, his heirs | The death of some of the first patentees, lord Hopton's sale,
and the surrender of the first patents. Consideration. The grant. |
| and successors, one full fifth part of the whole, in five parts to be divided, of all gold mines, or gold oar; one full tenth part of all silver mines, and silver oar, thereafter to be had or found within the said tract, or territory of land, to have, hold, and enjoy, all the said intire tract, territory, or portion of land, and all and singular other the premises, with their, and every of their appurtenances, thereby granted, or mentioned, or intended to be granted, (except as before is excepted) to the said Henry, Earl of Saint Albans, John, lord Berkeley, Sir William Morton, & John Tretheway, their heirs and assigns, for ever, to their only use and behoof, and to no other use, intent, or purpose whatsoever: Yielding and paying therefore, yearly, at the feast of St. John the Baptist, to his said late majesty, his heirs and successors, the sum of six pounds thirteen shillings & four pence, at the receipt of James Town in Virginia, in lieu of all services and demands whatsoever: With power to divide the said tract or territory of land, into counties, hundreds, parishes, tithings, townships, hamlets, and boroughs; and to erect and build cities, towns, parish churches, colleges, chapels, free-schools, almshouses, and houses of correction; and to endow the same, at their free wills and pleasures: And did appoint them full and perpetual patrons of all such churches so to be built and endowed, with power of electing, nominating, and presenting, any fit person to the office and place of master of any college, or school-master of any school, so to be founded and endowed: With power also to divide any part or parcels of the said tract or territory, or portion of lands, into manors; and to call the same after their own, or any of their names, or by other name or names whatsoever; and within the same to hold a court, in the nature of a court baron; and to hold pleas of all actions, trespasses, covenants, accounts, contracts, detinues, debts, and demands whatsoever, where the debt or thing demanded, exceed not the value of forty shillings of current money of England; and to receive and take all amerciaments, fines, commodities, advantages, perquisites and emoluments whatsoever, to such respective court barons belonging, or in any wise appurtaining. And further, to hold within the same manors, a court leet, and view of frank pledge, of all the tenants, residents, & inhabitants of the hundred within such manors; to be holden | Habendum. Reservation rent. The powers granted to the patentees. |
| twice in every year; and to erect fairs, markets, courts of pipowder, with all thing incident thereto: And to erect parks for breeding, feeding, and sustentation of deer, and other wild beasts of chase. And further, the said late king by the said charter, for himself, his heirs and successors, did grant and give licence to the said Henry, Earl of Saint Albans, John, lord Berkeley, Sir William Morton, and John Tretheway, their heirs and assigns, freely, and without molestation of him, his heirs and successors, to give, grant, or by any ways or means, sell or alien, all and singular the premises, by these presents granted, and every part and parcel thereof, to any person or persons being willing to contract for, or buy the same, to be holden of the said Henry, Earl of Saint Albans, John, lord Berkeley, Sir William Morton, and John Tretheway, their heirs and assigns, as of any of their aforesaid manors, in free and common soccage, by fealty only, and by suit of court, or by any other lawful tenure or terms used within the kingdom of England; rendring and paying such rent, and other lawful reservations, as shall seem fit and convenient to the said Henry, Earl of Saint Albans, John, lord Berkeley, Sir William Morton, and John Tretheway, their heirs and assigns; notwithstanding the statute, commonly called Quia emptores Terrarum, or any other statute, act, or ordinance, or provision; or any thing, cause, or matter whatsoever, to the contrary, notwithstanding. And further, the said late king, for himself, his heirs and successors, did grant to the said patentees, their heirs, executors, and assigns, to enlarge and confirm the said letters patent, by granting to them and their heirs, other new ones, with such favourable concessions and grants, as might supply any defects therein contained, with this proviso nevertheless, That the said letters patent, or any thing herein contained, should not extend, or be construed to extend, to infringe, make void, or other ways prejudice any contract or contracts, grant or grants, whatsoever, theretofore made or granted, by the governor and council of Virginia, unto any planters, or other inhabitants, then in the actual possession thereof, by virtue of any such grants made, before the nine and twentieth day of September, in the thirteenth year of his reign: but if any part of such lands so granted, should escheat, or be otherwise forfeited, then the said patentees, their heirs and assigns, might dispose thereof, | New patent to be granted. |
| for their best benefit and advantage, at their own free wills and pleasures: With this proviso also, That so much of the said granted premises, as within the time and space of one and twenty years then next following, should not be possessed, inhabited, or planted, by the means or procurement of the said patentees, their heirs or assigns, that then the said letters patent should cease, determine, and become void. And lastly, with this further proviso, That the said patentees, their heirs and assigns, should not act nor intermeddle in the military affairs or forces, of or within the said tract of land and premises thereby granted, or any part thereof, or with the government or command of any of the castles, forts, or fortifications thereof, without the order, authority, or command of the governor and council of Virginia, for the time being; or such other person or persons, as his said late majesty, his heirs and successors, should think fit to dispose the same: And that the governor, council, and assembly of Virginia, for the time being, should have full power and authority, to impose and lay any taxes and impositions upon the said territories, thereby granted, and all the lands and premises thereby meant and intended to be granted, and all and every the possessors inhabitants thereof, for the public and common defence of the said colony of Virginia, and the territory and lands thereby granted, as upon other parts of Virginia, proportionably, when and as often as the necessity of the said colony should require the same, for the common good. And that the said patentees, their heirs and assigns, and other inhabitants of, or in the premises, should be, in all things subject and obedient to such laws and constitutions, as were or should be made by the said governor, council, and assembly, for or concerning the said colony, or the government thereof; any thing therein before contained to the contrary, notwithstanding, as in the said letters patent more fully is contained. | Proviso, as to seating. Patentees not to intermeddle with military affairs. Inhabitants subject to the paiment of taxes. And the laws of the colony. |
| II. And whereas the late king James the second, by other letters patent, under the great seal of England, bearing date at Westminster, the seven and twentieth day of September; in the fourth year of his reign, reciting the above recited letters patents; and that the said former patentees, their heirs and assigns, had, by good and sufficient conveyance and assurance in the law, for valuable considerations, sold, conveyed, and assured the | Recital of the patent, 4 Jac. 2, which recites the before mentioned letters patents, and the sale to the lord Culpepper. |
| said whole tract, territory, and portion of land; and all and singular the premises, and every part and parcel thereof, and all their estate, right, title, and interest therein, together with the said letters patents, unto Thomas, lord Culpepper, eldest son and heir of John, late lord Culpepper; deceased, his heirs and assigns for ever; who was thereby become sole owner and proprietor thereof, in fee simple, for the considerations therein mentioned, did give, grant, and confirm, unto the said Thomas lord Culpepper, all that intire tract, territory, or parcel of land, scituate, lying, and being in Virginia, in America, and bounded by and within the first heads or springs of the rivers of Tappahanock, alias Rappahanock, and Quiriough, alias Patomack rivers; the courses of the said rivers, from their said first heads or springs, as they were commonly called and known by the inhabitants, and descriptions of those parts, and the bay of Chesapeak; together with the said rivers themselves, and all the islands within the uttermost banks thereof; and the soil of all and singular the premises; and all lands, woods, under-woods, timber and trees, ways, mountains, swamps, marshes, waters, rivers, ponds, pools, lakes, water courses, fishings, streams, havens, ports, harbours, bays, creeks, ferries; with all sorts of fish, as well whales, as sturgeons, and other roial fishes, as all others whatsoever, wrecks of sea, floatson, jetson, and lagan; and all sorts of deer, wild beasts, and fowl, of what nature and kind soever; and all manner of deodans, goods of felons and fugitives, treasures, trove, wafs, strays, fines, forfeitures, escheats, advowsons, roialties, and hereditaments whatsoever; with all mines of gold and silver, lead, tin, iron, and copper, and quarries of stone, and coal, within the limits and precincts aforesaid, which then were, or at any time thereafter should be had, coming, being, arising, growing, renewing, accruing, found, or taken, within the bounds, limits, precincts, or places aforesaid: Saving, excepting, and reserving to his said late majesty, his heirs and successors, one full fifth part of all gold mines, or gold oar, and one full tenth part of all silver mines, and silver oar, then being, or which thereafter should be had or found within the said tract or territory of land, to have, hold, and enjoy, all the said intire tract, territory, or portion of land, and every part and parcel thereof, and all and singular other | The Grant. Habendum. |
| the premises, with their and every of their appurtenances, thereby granted or mentioned, or intended to be granted, (except as before is excepted) to the said Thomas, lord Culpepper, his heirs and assigns, for ever, to his an their only use and behoof, and to no other use intent or purpose whatsoever: Yielding and paying therefore yearly, from thenceforth, at the feast of Saint John the Baptist, to his said late majesty, his heirs and successors, the sum of six pounds thirteen shillings & four pence, at the receipt of James-Town, in the colony of Virginia, in lieu of all services and demands whatsoever; the first paiment to be made on the feast day of Saint John the Baptist next ensuing the date of the said letters patent: And his said late majesty, did thereby, for himself, his heirs and successors, further give grant, ratify, and confirm, to the said Thomas, lord Culpepper, his heirs and assigns, forever, all and singular the grants, powers, authorities, privileges, licences, and clauses, in the said herein before recited letters patents, mentioned, granted, or conveied, in as large and ample manner, to all intents and purposes whatsoever, as if the same, and every of them, had been particularly granted and expressed in these his letters patent; except only the above mentioned proviso. And his said late majesty did further, of his especial grace, certain knowledge, and mere motion, for himself, his heirs and successors, fully and absolutely, for ever, release and discharge the said above mentioned proviso, and every part thereof, and every matter and thing, therein contained, in as large and ample manner, to all intents and purposes whatsoever, as if the same had never been made; thereby declaring the same to be null and void: and the said Thomas, lord Culpepper, his heirs and assigns, and the tract, territory, and premises, and every part thereof, to be for ever freed, cleared, & discharged from the same; so and in such manner, that the said Thomas, lord Culpepper, his heirs and assigns, might freely and absolutely enter into, have, hold, occupy, possess, and enjoy, the said tract, territory, and all and singular other the premisses, freed and discharged of the said proviso, and all right, title, and equity thereupon to be had, in as large, ample, and beneficial manner, to all intents and purposes, as if the same proviso had been never had or made; any thing in the said recited letters patent or any thing therein, or in the last mentioned | Reservation of rent. |
| letters patent, to the contrary thereof, in any wise, notwithstanding, as in the said last recited letters patent more fully is contained. | |
| III. And whereas, the right honorable Thomas, lord Fairfax, baron of Cameron, in that part of Great Britain, called Scotland, heir at law to the said Thomas, lord Culpepper, is now become sole proprietor of the said territory, with the appurtenance, and the above recited letters patents: And whereas, divers great quantities of land have been granted, to adventurers, and planters, within the said territory, in fee simple, by the agents and attornies of the said lord Fairfax, and his predecessors, former proprietors of the said territory, and letters patents, by virtue of divers letters of attorney, from time to time, by them respectively given and granted to their said attorneys and agents; but now of late, after long possessions, and great and valuable improvements made upon the said lands, by such grantees, questions are like to arise between them and the said present proprietor, touching the validity of such grants, as well in respect to a construction set up and maintained, of the said letters of attorney, that the powers therein contained, were not full and sufficient to enable and warrant the said agents and attornies to pass away estates in fee simple, as in respect of the said lord proprietor's estate in the premises, the same being now held by him as tenant in tail, under the will or wills of some of his ancestors; whereby the minds of many of his majesty's good subjects, possessors of lands and tenements within the said territory, are greatly disquieted and many controversies and expensive law suits may probably ensue: For the prevention whereof, and for settling peace between his lordship and his said tenants, | That the validity of grants, made by the agents or attornies of the present proprietor and his predecessors have been questioned. |
| IV. 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 henceforth, all and every grant and grants, heretofore duly and regularly made and passed by any of the agents or attornies of the proprietors of the said territory, or any of them, shall be good, available, and binding in law, to pass such estate or estates as therein have been granted; and the grantees, their heirs and assigns, respectively, shall for ever hereafter peaceably and quietly have, hold, and enjoy the same granted premises, | A confirmation of these grants, notwithstanding infancy, &c. of proprietors. |
| according to such granted estates, under the rents and services by the said grants reserved, notwithstanding the infancy, coverture, or any misprision, or mistake of the names, dignity, or title of the said proprietors, or either of them; or any misrecital, omission or defect, in the said grant or grants, or any of them; so as the same have been made and signed by the agents or attornies of the said proprietors, or the husband, guardian or guardians, trustee or trustees of any of them; and passed under the common seal of the office, kept by them, for that purpose. | ||
| CHAP. XIV. | ||
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| I. WHEREAS, the allowances appointed by law, for witnesses attending the county courts, are too large, Be it enacted, by the Lieut. Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That for the future, the allowance to every witness attending any county court, who, by law, is entitled to be paid for the same, be reduced to twenty five pounds of tobacco, for every day's attendance; yet so as all witnesses who are summoned to such court from another county, shall be allowed, for travelling to and from the court, and ferriages, as before the making of this act; any law, custom, or usage, to the contrary, notwithstanding. | The allowance to witnesses attending the county courts, reduced. | |
| II. And whereas, the method and allowance provided by law, for the passage of the burgesses for the counties of Accomack, and Northampton, to and from the general assembly, is found to be too expensive: Be it further enacted, by the authority aforesaid, That for the future, the sherifs of those counties, respectively, be discharged from impressing, or in any manner providing vessels and hands, for conveying their burgesses across the great bay, to and from the general assembly: And that the law, so far as relates thereto, be henceforth repealed: And that the courts of the said counties of Accomack, and Northampton, respectively, | The burgesses from the Eastern Shore, to provide their own
passage, for which 500 pounds of tobacco is allowed to each of them, or 50 shillings. |
| shall levy, for each of their burgesses attending every future session of the general assembly, five hundred pounds of tobacco, and no more for his passage across the said bay, to and from the same, besides his other allowance appointed by law: except when the allowances of the burgesses are defrayed out of the public monies: And in that case, fifty shillings shall be allowed, instead of the said five hundred pounds of tobacco. | |
| CHAP. XV. An Act for paying the Wages of the Burgesses in Money, from this present Session of Assembly. | |
| I. WHEREAS, by an act of the general assembly, made in the third and fourth years of the reign of his present majesty, an act was made, for the better regulating the paiment of the Burgesses wages, it was amongst other things, provided, That when any session of assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear, that there are monies sufficient in his hands, to discharge all the money debts, together with the burgesses wages, and the salaries, and allowances, to the respective officers of the general assembly, leaving and reserving in the hands of the treasurer, over and above the said paiments, a ballance of one thousand five hundred pounds, at the least; then every burgess elected, and serving for any county, or corporation, within this dominion, should be paid out of the said public money, the sum of ten shillings for each day he should serve in the house of burgesses; with such further allowances, and under such restrictions and regulations, as in the said act is at large directed. And whereas, by reason of a large ballance remaining due from the late treasurer, and of the paiment of a considerable sum of money, for the reparation of a loss lately sustained by many persons in Gray's creek warehouse, and by occasion of other large sums of money remaining due upon bond, from sundry debtors, for duties upon liquors, and a great arrearage of the duties upon slaves; the wages of the burgesses for this present session, cannot be discharged in money, according to the letter of the said act: But the intent and meaning thereof, will soon be | Recital of the lat act. The causes of the deficiency in the treasury. |
| answered, by the coming in of the said arrearages. And forasmuch as the levy by the poll, will be much lessened, by paying the wages of the burgesses, for this session in money. | |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the twenty fifth day of March, next after the passing of this act, the treasurer shall pay the wages of the burgesses for this present session of assembly, out of the public money in his hands, according to the directions and regulations of the said act, and the true intent and meaning thereof. | Burgesses to be paid, after the 25th of March next. |
| Pages 487-507
| Pages 525-543
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