Pages 35-54 
|  Pages 72-89
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| Pages 35-54
| Pages 72-89
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| CHAP. XI. An Act for licensing Pedlars; and preventing frauds in the duties upon Skins and Furs. | |
| I. WHEREAS divers vagrant and idle people are frequently found travelling about the country, under the name of pedlars; and great frauds and abuses are committed and carried on by such persons, particularly in the exportation of skins and furs, without paying duty. For remedy whereof: | Preamble. |
| II. Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the first day of May next, it shall not be lawful for any pedlar, or other person, going from place to place, or to other mens houses, and carrying to sell, or exposing to sale, any goods, wares, or merchandizes; without a license for so doing, to be obtained in the following manner, that is to say: If such pedlar, or other person, be an inhabitant of this colony, such license shall be granted by the court of the county where his habitation or usual place of residence is: And if he be an inhabitant of another country, such license shall be granted by the court of that county into which such pedlar, or other person shall first come, upon his arrival into this colony: Which license, | Pedlars to be licensed. |
| the said county courts are hereby respectively impowered to grant, or refuse, at their discretion. And every license so granted, shall be signed by the clerk of the court granting the same. | |
| III. Provided always, That no license shall be granted for a longer term than one year at a time: And that the person to whom the same is granted, shall first enter into bond, with one good and sufficient security, to our sovereign lord the king, his heirs and successors, in the penalty of twenty pounds, with condition, that he will not export, or cause to be exported, with his privity or knowledge, any skins or furs, either by land or water, without first paying the duties imposed on such skins and furs, by one act of assembly, made in the fourth year of the reign of the late queen Anne: Which said bond shall be lodged in the clerk's office of the county where the same shall be given. | The manner of obtaining it. |
| IV. Provided also, That before any such license shall be granted, there shall be paid down, by the person desiring the same, the sum of ten shillings for the use of the governor, or commander in chief of this colony, for the time being; and the further sum of five shillings to the clerk, for writing the bond and license aforesaid, and no other fee whatsoever. and for encouraging prosecutions for the breach of any such bond. | The fees for the same. |
| V. Be it enacted, That one moiety of the penalty shall be to the use of his majesty, his heirs and successors, for the better support of the college of William and Mary, in Virginia; and the other moiety to any person or persons that will make information of any such breach: To be recovered in the name of his majesty, his heirs and successors, by action of debt, in any court of record within this dominion. And that the clerk of every county court shall, in the months of April, and October, yearly, transmit to the secretary's office, a list of all bonds entered into, in pursuance of this act; and of all recoveries or judgments had or given on seisures, or for breach of such bonds, if any shall happen to be. | Penalty appropriated. Lists of bonds, &c. to be transmitted. |
| VI. And be it further enacted, by the authority aforesaid, That if any pedlar, or other person, as aforesaid, after the said first day of May, be found travelling and trading, without such license, as herein before is mentioned; such person shall forfeit and pay, for every several dealing or trading, the sum of twenty shillings, | Penalty on trading without license. |
| to the use of the informer: To be recovered with costs, before any justice of the peace of this colony. And in case such person, after conviction, shall refuse or delay to make present paiment of the said penalty and costs, either in money, or goods, to the value, in the judgment of the justice before whom the conviction shall be; it shall and may be lawful for such justice to order the person so convicted, twenty lashes on his bare back, well laid on: And he shall be from thenceforth discharged from the paiment of the said penalty, for that time. And in case any pedlar, or other person, trading, as aforesaid, upon demand made by any inhabitant of this colony, shall refuse to produce and shew his license, the person so refusing, shall, for every such refusal, forfeit and pay five shillings to the informer: To be recovered before any justice of the peace. | |
| VII. And be it further enacted by the authority aforesaid, That the governor or commander in chief of this colony, for the time being, with the advice of the council, shall and may appoint one or more collector or collectors of the duties upon skins and furs, exported by land, who shall reside near the frontiers of this colony; which collectors shall have and be allowed a salary of ten in the hundred, for receiving the said duties; and shall account for the same, in such manner as other collectors of the said duties are obliged to account. And in case any pedlar, or other person, shall be found travelling towards any other of his majesty's colonies with any skins or furs, beyond the place where such collector or collectors usually reside; and upon demand made by any inhabitant of this colony, shall refuse to produce and shew a certificate, that the duties of the said skins and furs have been paid, such skins and furs shall and may be seised by any person or persons; and the person or persons seising the same, shall immediately carry them to the next justice of the peace, who is hereby impowered and required to receive the same. And in case the owner or proprietor of the said skins and furs, shall not, within two months after such seisure, make sufficient proof before such justice, or before the court of the county where such seisure shall be made, that he has paid the duties for such skins and furs; the same are hereby declared to be forfeited, and shall and may be sold; by order of the said county court, to the highest bidder: And one half the money arising | Collectors to be appointed. Skins and furs may be seized. |
| by such sale, after charges deducted, shall be to the use of his majesty, his heirs and successors, for and towards the better support of the said college of William and Mary: and the other half to the person who shall seise the same. And in case the owner or proprietor of such skins or furs, as aforesaid, shall within the time aforesaid, make due proof, before the said justice, or court, that the duties for the same have been duly paid; the said justice shall, and is hereby required to deliver back the said skins and furs to the said owner or proprietor, upon paying down the sum of ten shillings to the person who shall seise the same, as aforesaid. | |
| VIII. Provided nevertheless, That nothing in this act contained, shall extend, or be construed to extend, to any inhabitant of this colony, trading only in beef or pork, or carrying any goods or commodities of the growth or manufacture of this colony, to any place or places, for selling the same: But that every such inhabitant may carry and sell such goods or commodities, in the same manner as he might have done, if this act had never been made. | Not to extend to traders in beef or pork. |
| CHAP. XII. An Act, to encourage Settlements on the Southern Boundary of this Colony. | |
| I. WHEREAS the lands lying upon Roanoke river, on the southern boundary of this colony, are for the most part unseated and uncultivated; and a considerable number of persons, as well of his majesty's natural born subjects, as foreign protestants, are willing to import themselves, with their families, and effects, and to settle upon the said lands, in case they can have suitable encouragement for their so doing: and whereas the settling that part of the country, will add to the strength and security of the colony in general, and be a means of augmenting his majesty's revenues of quit-rents: therefore, for encouraging the said intended settlement, | Preamble. |
| II. BE it enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That | Exemption from levies. |
| all and every person and persons whatsoever, who, within ten years next after the passing this act, shall import themselves into this colony, and settle upon Roanoke river aforesaid, on the south branch of the same, above the fork thereof; and on the north branch of the said river, above the mouth of little Roanoke, otherwise called Licking Hole; including all the lands on all the said branches, and the lands lying between them, now deemed to be in the county of Brunswick, and parish of St. Andrew, shall be exempted from the paiment of public, county, and parish levies, until the expiration of the said ten years; and be at liberty, at all times hereafter, to pay and discharge all officers fees wherewith they shall be chargeable, in current money, at the rate of three farthings per pound for tobacco, without any deduction: And at all times, after the expiration of that time, shall be at liberty, to pay and discharge their public, county, and parish levies in current money, at the same rate. | May pay fees in money, &c. |
| III. And be it further enacted by the authority aforesaid, That it shall and may be lawful, for the governor, or commander in chief of this colony, for the time being, to grant letters of naturalization to any alien settling there, as aforesaid, upon a certificate from the clerk of any county court, of his or her having taken the oaths appointed by act of parliament to be taken, instead of the oaths of allegiance and supremacy; and taken and subscribed the oath of abjuration, and subscribed the test in like manner, as he may do, upon taking and subscribing the same before himself. Any law, usage, or custom, to the contrary, notwithstanding. | Letters of naturalization may be granted. |
| IV. Provided always, That the persons so settling upon the lands herein before mentioned, shall, during the said ten years, support their own poor; and make and maintain their own roads and bridges, without any charge upon the rest of the said parish of St. Andrew, and county of Brunswick; and shall not, during that time, be entitled to any reward for killing of wolves. | Poor to be supported. |
| CHAP. XIII. | ||
| ||
| I. WHEREAS, by one clause of an act of assembly, made in the ninth year of the late queen Anne, intituled, An Act, for establishing County Courts; and regulating and settling their proceedings therein; it was enacted, That it should and might be lawful, for any justice of the peace, upon complaint made to him by any person, that his debtor was removing himself privately, or absconded and concealed himself, so that the ordinary process at law could not be served against him, to grant an attachment against the estate of such debtor, or for so much thereof, as should be of value sufficient to satisfy the debt of the party praying such attachment, returnable to the next county court: But sometimes, from a misconstruction of the said clause, it was judged not to extend to any debts due or owing from any person or persons to the person so absconding, or concealed; but that in such cases, bills in chancery should be exhibited, for recovery of the same, which must necessarily be attended with great expense and delay, and different opinions at times, have prevailed in many county courts of this colony, touching the same. For prevention whereof, for the future: | Preamble. | |
| II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That when any person shall obtain any attachment for debt, returnable, as aforesaid, directed to the sheriff, or other proper officer of the county; that it shall and may be lawful, for such sheriff, or other proper officer, to levy the same in the hands of any person or persons indebted to the person so absconding, to and for the use of the person complaining, as he might or could have done, on any other part of his estate: And the sheriff, or other officer, shall summon such garnishee or garnishees to appear at the next court to be held for the said county, there to testify, on oath, what he or she is indebted unto such person: And it shall and may be lawful, for such county court, in all such cases, upon | Attachments how to be executed. |
| examination, as aforesaid, without other process, to enter up judgment, and award execution thereupon, for the complainant, against all and every such garnishee and garnishees, for all such sums of money or tobacco, that shall appear to them, to be justly, and bona fide, due from him or them, to the person absconding, or concealed; or for so much thereof, as shall be of value sufficient to satisfy the just debt and costs of the complainant. Any law, custom, or usage, to the contrary, or seeming to the contrary, in any wise, notwithstanding | |
| III. And whereas the court days of the counties of Accomack, and Amelia, as they are now settled, are found to be inconvenient, Be it further enacted, by the authority aforesaid, That from and after the twenty fifth day of March next, the court of the said county of Accomack shall be held on the last Tuesday, and the court of the said county of Amelia on the third Friday in every month. Any law, custom, or usage, to the contrary thereof, notwithstanding. | Court days altered. |
| CHAP. XIV. An Act, for the better preservation of the breed of Deer; and preventing unlawful Hunting. | |
| I. WHEREAS the laws heretofore made, Fro preserving the breed of Deer, have not had the desired effect, many disorderly persons making a practice of killing them merely for the sake of the skins, whilst they are feeding on the moss growing on the rocks in the rivers, leaving the flesh to rot; whereby wolves, and other noxious beasts, are brought down among the stocks of cattle, hogs, and sheep, of the upper inhabitants, to their great annoyance and damage. And whereas the keeping of hounds going at large, is found destructive to the breed of deer, by killing not only the does, while they are big with young, but also the fawns, after they are fallen. And it is also found, by experience, that the making large circles, and setting the same on fire, round the coverts where the deer usually lodge, commonly called fire-hunting, is not only destructive to the breed of deer, but also to the young | Preamble. |
| timber, and food of the cattle. For remedy of which mischiefs: | |
| 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 passing of this act, it shall not be lawful for any person whatsoever, to hunt, shoot or kill, any buck, between the first day of December, and the last day of July, which shall be in any year; nor to hunt, shoot, or kill, any doe or fawn, between the first day of January, and the last day of September, in any year. And if any person whatsoever shall presume to hunt, shoot, or kill, or destroy, any such bucks, doe, or fawn, running wild in the woods, within the times herein before respectively limitted; or shall buy or receive the same of any Indian, or other person; every such person so offending shall forfeit and pay the sum of twenty shillings current money, for every buck, doe, or fawn, so killed, bought, or received; recoverable before any justice of the peace in the county where such offence shall be committed, upon conviction, by the oath of one sufficient witness, or on confession of the party. And if any servant or slave, by command of his or her master, mistress, or overseer, shall, so hunt, shoot, or kill, or buy or receive any deer so killed; the party giving such command, shall be liable to the like penalties respectively: And if such servant or slave cannot prove such command, he or they shall receive, by order of such justice of the peace, for every such offence, twenty lashes on his bare back, well laid on; unless security be given for payment of the fine within six months after such conviction. | Time limited for killing deer. |
| III. Provided always, That it shall and may be lawful, to and for any freeholder or house keeper to kill any kind of deer in his corn fields, or other inclosed grounds, where wheat, peas, or other grain is growing, without being liable to any penalty for so doing. | Proviso. |
| IV. Provided also, That nothing in this act contained, shall extend, or be construed to extend to any person living, or being upon the frontiers of this colony, who shall kill any deer for food, for the necessary subsistence of himself or family; so as such person do not sell or dispose of the skin of any deer so killed: And in case any person shall be prosecuted for killing deer within the time prohibited by this act, and such person | May be killed for necessary food. |
| shall alledge, that he killed such deer for food, for the necessary subsistence of himself or family, the onus probandi shall lie on the person so prosecuted. | |
| V. And be it further enacted, by the authority aforesaid, That if any person whatsoever shall buy or receive into his or her house, any deer skin or skins, which shall have been killed within the time herein before limited, and are commonly called or known by the name of red skins; he or she so offending, and being thereof lawfully convicted before a justice of the peace, in manner aforesaid, shall forfeit and pay ten shillings current money, for every skin so bought or received. And for the further preventing the buying ad receiving such red skins, | Penalty on buying red skins. |
| VI. Be it enacted, by the authority aforesaid, That every constable, within this dominion, shall have full power and authority, by virtue of this act, to search in all suspected places, for all red skins of any deer killed contrary to the directions hereof, and to bring the same before some justice of the peace of the county where the offender resides: And if such offender shall not make proof, that such skin was taken from a deer killed within his or her inclosed grounds, tended, as aforesaid; such justice shall immediately give judgment against the offender, for the penalty aforesaid. | Constables may search for them. |
| VII. And be it further enacted by the authority aforesaid, That it shall not be lawful, for any person to keep any beagles or hounds running at large; but such beagles or hounds shall be constantly kept in kennels, or couples, or with clogs, except at such times as they are used in hunting, by the owner or his servants, under the penalty of five shillings, for every beagle or hound, so going at large. | Hounds not to run at large. |
| VIII. And be it further enacted, by the authority aforesaid, That whosoever shall, hereafter, use any fire-hunting, or the killing of any deer by such means on any patented land; every person present at such fire hunting, shall forfeit and pay twenty shillings for ever such offence: And if any Indian be found fire-hunting, as aforesaid, it shall and may be lawful, for the owner of such land, or his or her overseer, to take away the gun of such Indian, and the same to keep to his own use. | Penalty for fire-hunting. |
| IX. And be it further enacted, by the authority aforesaid, That if any person shall presume to hunt or range on the patented lands of any other freeholder, without | No person to hunt on another's land. |
| the leave of the owner of such lands; every such offender shall forfeit and pay the sum of twenty shillings for every offence: All which penalties herein before mentioned, shall and may be recovered before any justice of the peace in the county where any of the offences aforesaid shall be committed; and shall be divided: one half to and for the use of the parish where the offender shall reside: and the other half to the person or persons who will inform for the same. And every justice of the peace, before whom information shall be made of any the offences aforesaid, shall take for evidence, the confession of the party accused, or the oath of one credible witness. And where the owner of any land shall prosecute for any unlawful hunting and ranging on his lands, the oath of such owner shall be sufficient evidence to convict the offender; but in that case, the whole penalty shall go to the parish. | |
| X. And be it further enacted, by the authority aforesaid, That every county court within this dominion, shall, yearly, in the month of January, or the next succeeding court, administer to every constable within their respective counties, an oath, well and truly to present to the next justice of the peace, all offences against this act: And every justice, to whom such presentment or information shall be made, shall immediately issue his warrant for the bringing before him such offender; and to give judgment, and award execution against the goods and chattels of such offender, for the penalties herein before inflicted, respectively. | Constables to be sworn to present. |
| XI. And be it further enacted, That one act, made at a session of assembly, held at the capitol the twenty second day of August, one thousand seven hundred and thirty four, intituled, An Act, for lessening the penalties for killing Deer at unseasonable times, and for the better recovery thereof; and all and every other act and acts heretofore made, so far as the same relate to any matter or thing within the purview of this act, be, and are hereby repealed, and made void. | Repealing clause. |
| CHAP. XV. An Act for appointing a Treasurer. | |
| I. WHEREAS by one act of Assembly, made in the eighth year of his majesty's reign, sir John Randolph, knight, since deceased, was appointed treasurer of the revenue arising by two several acts of assembly, for laying a duty upon Liquors; the one made in the twelfth year of the reign of the late king George the first, and the other made in the fifth and sixth years of the reign of his present majesty, and by one other act of assembly, made in the said fifth and sixth years of his majesty's reign, for laying a duty upon Slaves; And the said sir John Randolph departing this life since the last session of assembly, after his death, his majesty's lieutenant governor of this colony, in pursuance of the power and authority to him given, by the said first recited act, was pleased to appoint Richard Randolph, esq. to be treasurer, until the end of this session of assembly. And it being expedient that a treasurer of the said duties should be now appointed, | 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 end of this session of assembly, John Robinson, the younger, esq. shall be, and he is hereby nominated, constituted, and appointed treasurer of the revenue arising from the duty upon liquors and slaves, laid and imposed by the three several acts of assembly above mentioned; to hold the said office so long as he shall continue to be speaker of the house of burgesses, and from the time of his being out of that office, until the end of the next session of assembly: And the said John Robinson is hereby authorized, impowered, and required, to demand, receive, and take, of and from the several collectors of the said duties, all and every the sum and sums of money, arising by force and virtue of the said acts, or any or either of them: And to demand and receive of the executors of the said sir John Randolph, and of the said Richard Randolph, his executors and administrators, respectively, all such sum and sums of money, as the said sir John Randolph, and Richard Randolph, or either of them, have received, on account of the said duties, or otherwise, as treasurer | A Treasurer appointed. |
| or treasurers of Virginia; and which shall be in the hands of the said Richard Randolph, or of the executors of the said sir John Randolph, at the end of this session, and not otherwise appropriated by this present general assembly; allowing the said Richard Randolph for his trouble, in paying the money so appropriated, the sum of one hundred and fifty pounds: which said money, as well as all other sums by him received, in virtue of his said office of treasurer, he the said John Robinson shall utter and apply, to and for such uses, and upon such warrants, as by the said acts for laying the said duties, or by any other act or acts of the general assembly, is or shall be appointed and directed; and shall be accountable for the same to the general assembly. | |
| III. And be it further enacted by the authority aforesaid, That the salary of four pounds in the hundred, and so proportionably for a greater or lesser sum, shall be allowed and paid to the said treasurer hereby appointed, out of all and every the sum and sums of money by him received, and accounted for, to the general assembly, as aforesaid. And that there shall be also allowed to the said treasurer, for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of fifty pounds per annum, for his trouble and service therein. | His salary. |
| IV. Provided always, That the said John Robinson, before he enters upon the said office of treasurer, 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 answering and paying all the money by him, from time to time, to be received, as aforesaid. | Security to be given. |
| 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 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. | Governor may appoin . |
| CHAP. XVI. An Act, for appointing several new Ferries; and discontinuing a former Ferry. | |
| 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 public ferries be constantly kept at the places herein after named: And that the rates for passing the said ferries, be as follows: | |
| On Potowmack river, from the plantation of Francis Awbrey, in the county of Prince William, over to Maryland; the price for a man seven pence half penny, and for an horse seven pence half penny. | Rates of ferries. |
| On Rappahanock river, from the land of James Hackley, in the county of King George, over the river, to the land of colonel Gawin Corbin, in the county of Caroline; the price for a man three pence, and for an horse three pence. | |
| On James river, from the land of colonel Richard Bland, in the county of Prince George, over the river, to the land of Mistress Anderson, in the county of Charles-City; the price for a man seven pence half penny, and for an horse seven pence half penny. | |
| On Appamattox river, rom the land of William Pride, called The Store-Landing, in the county of Henrico, over the river, to Anthony's Landing, in the county of Prince-George; the price for a man three pence, and for an horse three pence. And, from the said Store-Landing, over the mouth of Persie's stile creek, to the land of Peter Baugh; the price for a man three pence, and for an horse three pence. | |
| II. And, that the courts of the several counties, wherein such ferries shall be kept, shall have power to appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons, and other wheel carriages: 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 horses, according to the rates herein before settled, at such ferries, respectively: And for every | For carriages. |
| 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, according to the said rates, and no more. | |
| III. And, that the licenses, for keeping the said ferries, shall be obtained in the same manner, and the keepers thereof have such exemptions and advantages, and be under the like regulations and restrictions, as is and are by law provided, for and in respect of the keepers of public ferries, heretofore settled and appointed. | Licenses. |
| IV. And be it further enacted, That for every hogshead of tobacco, brought to any of the ferries herein before mentioned, in order to be transported over, (except to the first-mentioned ferry;) the price of ferriage shall be the same as the ferriage of one horse, according to the rates settled at such ferries, respectively. | Tobacco. |
| 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 fourth year of the reign of the late queen Anne, intituled, An Act for the regulation and settlement of Ferries, and for dispatch of Public Expresses, for so much thereof only, as appoints a public ferry at the mouth of Upper Chipoaks creek, over to the Row, or Martins Brandon, be and is hereby repealed. | Repealing clause. |
| CHAP. XVII. An Act, for raising a Public Levy. | |
| I. BE it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That eleven pounds 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 fifth day of August, one thousand seven hundred and thirty six, to the first day of November one thousand seven hundred and thirty eight: And that it be paid by the collectors of the several counties, to the several persons and counties respectively, 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. Provided always, That where any allowance is made in the book of proportions to any county, to be paid in the same county; no more per poll shall be collected from the tithables of such county, than will discharge the ballance, after such allowance shall be deducted: And that every county court shall regulate the levy accordingly. | ||
| III. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the court of his county to beheld in the month of January, or February next, give bond and security for the due collection and paiment of the public levy, now laid and assessed. | ||
| CHAP. XVIII. | ||
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| I. WHEREAS an act of assembly was made in the third year of the reign of their late majesties king William and queen Mary, intituled, An Act for Ports; whereby among other things, it was enacted, That the justices of each county should, within three months after publication of the said act, command the surveior of their county, to lay out and survey fifty acres of land, at the places in the said act named, appointed, and set down, for ports, wharfs, keys, and places for receiving on shore and shipping all goods, wares and merchandize; and that the said justices should agree with the owners of the said lands, for the purchase of the same; and that the said owners should convey to feoffees, to be appointed for that purpose by the said justices, a good estate in fee, in the said lands, in trust, and to the intent, that they the said feoffees should convey to any person requesting the same, one or more half acre, or half acres, upon condition of building, |
| as in the said act is mentioned: In which said act, the port for the county of York, was appointed to be upon Benjamin Read's land, beginning at the lower side of Smith's creek, and so running downwards, by the said river, to the ferry. And whereas, the justices of the said county of York, in pursuance of the said act, did direct Lawrence Smith, then surveyor of the said county, to survey and lay out fifty acres of land, at the place before-mentioned; and the said Lawrence Smith accordingly made a survey of fifty acres of land at the said place, leaving out several small parcels or points of land next the river, unfit for habitation, and, at that time, of little value; which are mentioned in the plan of the said survey, returned by the said Lawrence Smith, to the clerk's office of the said county, and there recorded, to be laid off for a common shoar: After which survey, the said justices agreed with the aforesaid Benjamin Read, for the purchase of the said land; and he, by deed of feoffment, bearing date the eighteenth day of August, in the year of our lord one thousand six hundred and ninety one, in consideration of ten thousand pounds of tobacco, conveyed to Joseph Ring, and Thomas Ballard feoffees, appointed by the said justices for that purpose, the premises aforesaid, by the name of all that fifty acres of land, be the same more or less, surveyed by colonel Lawrence Smith, and bounded, as in the said deed is described; together with all and singular the ways, waters, easements, passages, profits, commons, commodities, and appurtenances, to the same belonging, as by the said plan and deed more fully appears. And whereas, after making the said deed, that is to say, in the fifth year of the reign of their said late majesties, an act of assembly was made, whereby the said first mentioned act was suspended, 'til their majesties pleasure should be known, and by one act of assembly, made in the fourth year of the reign of the late queen Anne, intituled, An Act, for confirming Titles to Town Lands, reciting, that the said first mentioned act stood suspended; and that pursuant to the said act, divers tracts of land had been purchased, and laid out, for ports and towns, and vested in trustees, many of which had convey'd lots, or half acres, to several persons, who had built thereon, and made considerable improvements; it was and is enacted, That where any county or counties have purchased, laid out, |
| and paid for, any lands, for ports or towns, pursuant to the said acts for ports, or to any other act of assembly, and have vested the same in trustees, according to the said act or act, such feoffees or trustees, so invested, are declared to have a good, absolute, and indefeasible estate in fee, in such lands, respectively; in trust, to and for the uses in the said act, for ports, mentioned, as in the said act more fully is contained. And whereas the feoffees of the said land, so conveied, by the said Benjamin Read, have, from time to time, granted and conveied all the lots, or half acres, within the bounds of the survey before mentioned, to sundry persons, who have built houses and made improvements upon the same, and the said place has for a long time been settled and inhabited, as a town, and has obtained the name of The Town of York, and from the time of the first settlement there, the inhabitants of the said town, have always used and enjoyed the aforesaid small parcels or points of land, herein before mentioned, to be left out of the survey of the said fifty acres, as and for a common, without any disturbance, or molestation, from the said Benjamin Read, who lived above forty years after the making the deed herein before recited and mentioned: But since his death, Gwyn Read, of the county of Glocester, gentleman, eldest son and heir of the said Benjamin, pretends and sets up a title to the same, alledging, that his father was only tenant in tail, of the premises, and could sell and convey no more than fifty acres. And whereas it is plain, from the words of the said act for ports, as well as from the general policy and design thereof, that the fifty acres of land, thereby directed to be surveyed and laid out for a port and town for the said county of York, ought to have been laid off next and adjoining to the river; and it will be a manifest prejudice to the inhabitants of the said town of York, and to the trade and navigation of the same, and will discourage people from settling and inhabiting there, if the said small parcels or points of land, next the river, are not preserved, continued and kept, for the use of the said town, and as part thereof, in the manner the same have always hitherto been. And whereas it may be questioned, whether the said Gwyn Read has any good right or title to the said parcels or points of land, forasmuch as it was the intention of the said Benjamin Read to pass and convey the same, by the deed herein before mentioned; nevertheless, |
| for preventing controversies and disputes, the inhabitants of the said town are willing to pay the said Gwyn Read a reasonable consideration for the same: Therefore, for removing all doubts and controversies hereafter, concerning the premises, | |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all the land lying between the said fifty acres of land before mentioned, to be surveyed by the said Lawrence Smith, and the low water mark of York river, opposite to the said fifty acres, be, and is hereby vested in Lawrence Smith, and Thomas Nelson, gentlemen, the present feoffees of the said town of York, in fee simple, in as full and ample manner, to all intents and purposes, as if the said land had been actually included in the survey of the said fifty acres: And that the same shall be, and is hereby declared to be and remain, as and for a common, for the use of the inhabitants of the said town, from henceforth, for ever. | |
| III. Provided always, That the said feoffees do, and shall, on or before the first day of March next, pay, or cause to be paid to the said Gwyn Read, his executors, or administrators, the sum of one hundred pounds; which is hereby declared to be in full satisfaction for all right or title, which he the said Gwyn Read may have, or pretend to claim, in or to the said premises. | |
| IV. And be it further enacted by the authority aforesaid, That the justices of the county of York, shall be, and are hereby impowered, some time before the said first day of March, to levy the said sum of one hundred pounds, together with the charges of obtaining this act, upon the inhabitants of the said town, and owners of lots there; and to rate and assess the same upon the said inhabitants and owners, in such proportion as they shall think proper, having regard to the value of the lots, without the improvements: And in case any person shall refuse to pay such assessment, to cause the same to be levied upon the estate of the person so refusing; and where any such inhabitant is tenant to another person, the landlord shall allow such assessment out of the next year's rent. | |
| V. Saving to the king's most excellent majesty, his heirs and successors, and to all and every person and persons, bodies politic and corporate, their respective |
| heirs and successors, except the said Gwyn Read, and all others claiming under him, or under the last will and testament of George Read, esquire, deceased, grandfather of the said Gwyn Read, all such right, title, interest, claim, and demand, as they, every, or any of them, should or might claim, if this act had never been made. |
| Pages 35-54
| Pages 72-89
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