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AT A

General Assembly,

SUMMONED TO BE HELD AT

The Capitol, in the City of Williamsburg, on Friday,
      the first day of August, in the ninth year of the
      reign of our sovereign lord George the second, by
      the grace of God, of Great-Britain, France, and
      Ireland, King, Defender of the Faith, &c. And from
      thence continued, by several prorogations, to the 22nd
      day of May, in the 13th year of his said Majesty's
      reign, and in the year of our Lord, 1740: Being the
      third Session of this present General Assembly.
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CHAP. I.

An Act, for the better security of the Country in the present time of Danger.
I. WHEREAS, during the present war, it will be necessary, that the militia of this colony should be kept under stricter discipline, more frequently trained and exercised, and better armed; the better to enable them to contend with regular troops:
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 the treasurer of this colony shall be, and he is hereby impowered and directed, out of the public money in his hands, to issue and apply the sum of two thousand pounds, in providing arms for the militia of this colony, as soon as conveniently may be: which arms shall be delivered to the governor, or commander in chief, of this colony, to be by him distributed, in such manner and proportion, as he, with the advice Arms, provided for militia.

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and consent of the council, shall think most convenient.
      III. And be it further enacted, by the authority aforesaid, That all and every persons and persons, who, by the act made in the twelfth year of his present majesty's reign, For the better regulation of the Militia, are directed to be listed, shall be obliged to give their personal attendance at all musters; any thing in the said act to the contrary thereof, notwithstanding. Soldiers to give their personal attendance.
      IV. And that every captain, once in every two months, or oftner, if required, shall muster, train, and exercise his troop or company: And the county lieutenant colonel, or chief commanding officer, in every county, shall cause a general muster and exercise all the troops and companies within his county to be made, in the months of March and September, in every year, or oftner, if there shall be occasion: And the officers and soldiers respectively offending against the directions of this act, shall, for every offence, incur the like penalties, as are inflicted by the said other act. To be recovered in the same manner, and to the same uses, as therein is expressed; so that no person be fined above eight times in any year. Company musters.

General musters.



Fines.
      V. Provided always, and it is hereby enacted, That it shall and may be lawful, to and for the several courts martial, to be held in pursuance of the said act, For the better regulation of the Militia, to excuse and acquit any soldier, who thall not, within twelve months from the passing of this act, be furnished and provided with arms according to the directions of the said first mentioned act; and whom they, in their consciences, shall believe and adjudge to be unable to furnish and provide the same, from the fines and forfeitures inflicted by the said act for want thereof; any thing in the said act, or in this act, to the contrary, or seeming to the contrary thereof, in any wise, notwithstanding. Power of courts martial to remit.
      VI. And be it further enacted, by the authority aforesaid, That this act shall continue, and be in force, for three years, from the making thereof, and no longer. Limitation of this act.
      VII. Provided nevertheless, That if the present war shall be ended before the expiration of the said three years, that from and immediately after public notice thereof shall be given in this colony, by proclamation of peace, this act, as to so much thereof, as relates to the disciplining and exercising the militia, shall be, and the same is hereby repealed and made void.

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CHAP. II.
An Act, for laying an additional Duty on Slaves, to be paid by the Buyer, for encouraging persons to enlist in his Majesty's service: And for preventing desertion.
      May it please your most excellent Majesty,
I. WE your majesty's most dutiful and loial subjects, the representatives of your people in your most ancient colony and dominion of Virginia, taking into our most serious consideration the exigencies of your government here, and our present danger in this time of war; and that proper encouragement ought to be given to your subjects in this colony, to enlist in your majesty's service, against the Spaniards; and further provision made, for the better defence of this colony, in arming your poor subjects residing therein: And that the duties already laid upon slaves and liquors, will not be sufficient to answer the purposes aforesaid, do humbly represent to your majesty, that no other duty can be laid upon our import or export, without oppressing your subjects, than an additional duty upon slaves imported, to be paid by the buyers: which will be the most easy expedient for raising a fund to answer the present exigencies, and no ways burthensome to the traders in slaves: We therefore most humbly beseech your majesty, that it may be enacted,

Preamble.
      II. And 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, there shall be levied and paid to our sovereign lord the king, his heirs and successors, for all slaves imported or brought into this colony and dominion for sale, either by land or water, from any port or place whatsoever, by the buyer or purchaser, after the rate of five per cent. on the amount of each respective purchase, over and above the duty already laid upon slaves imported as aforesaid: Which said additional duty shall be paid, collected, and accounted for, in such manner and form, and according to such rules, and under such penalties and forfeitures, as are mentioned, prescribed, and appointed, for the paying, collecting, and accounting for the duty already raised and imposed upon slaves imported, by the several Additional duty on slaves.

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acts of assembly now in force, and made for that purpose: And that every article, rule, and clause, contained in the said acts, concerning the paying, collecting, and accounting for the said former duty, shall be used, exercised, and put in practice, for paying, collecting, and accounting for the said duty hereby imposed, as if the same articles, rules, and clauses were inserted in the body of this act. And for appropriating the money arising by the duty hereby imposed, to the uses to which it is designed.
      III. Be it further enacted, by the authority aforesaid, That the treasurer of this colony, for the time being, out of the money arising from the said duty, shall, and he is hereby impowered and required to pay to the honourable William Gooch, esq. lieutenant governor of this colony, the sum of five hundred pounds, so soon as the same shall be raised, for and towards the support and subsistance of the persons enlisted, and to be enlisted, in his majesty's service in this colony, before they embark on the intended expedition against the Spaniards: And that the residue of the said money arising by the said duty, shall be paid and applied for and towards the relief and maintenance of such of the said persons so enlisted, as shall be maimed or disabled in the said intended expedition; and of the widows and children of such others of them as shall happen to be killed: And also, for and towards the buying and providing arms for the poorer sort of inhabitants of this colony, in such proportions, and in such manner, as the general assembly of this dominion shall hereafter direct and appoint. And to the end, the persons enlisted, or to be enlisted, as aforesaid, may be deterred from desertion. How appropriated.
      IV. Be it further enacted, by the authority aforesaid, That if any person, after he shall be enlisted in his majesty's service, as aforesaid, shall desert, and escape the punishment of the martial law, it shall and may be lawful, to and for any person or persons whatsoever, and they are hereby required to apprehend the person so deserting, and to carry him before the next justice of the peace for the county where he shall be so apprehended; which justice is hereby impowered and required to commit such deserter to the common goal of his county, their to remain until the next court to be held for the said county: And the justices of the said court are hereby also impowered and required to cause Deserters how dealt with.

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the said deserter to be brought before them, at the said next court; and to order him to be sold by the sheriff, at the court-house door, immediately after the adjourning of the court, to the highest bidder, for ready money, as a servant, for the space of five years: And the said sheriff shall be allowed for his trouble therein, out of the money arising by such sale, the same fee as for selling goods taken and sold by an execution; and shall also, out of the said money, satisfy and pay the prison fees of such deserter, and pay unto the person or persons apprehending him, the sum of twenty shillings, as a reward for so doing: And the residue of the said money shall be accounted for, and paid by the sheriff, to the treasurer aforesaid to be by him applied to the uses before mentioned. And for preventing all doubts and scruples that may arise, concerning the carrying and transporting the persons so enlisted, as aforesaid, out of this colony, in case any of them should happen to be indebted.
      V. Be it further enacted, by the authority aforesaid, That no master of a ship, sloop, or other vessel, shall incur any penalty or forfeiture, for carrying and transporting any of the persons so enlisted, as aforesaid, to any place his majesty shall think fit to order, direct, and appoint; any thing in any other act or acts of assembly to the contrary thereof, notwithstanding. Proviso.
      VI. And be it further enacted, That this act shall continue and be in force, until the first day of July, in the year of our Lord one thousand seven hundred and forty four, and no longer. Limitation.

CHAP. III.
An Act, for raising Levies and Recruits, to serve in the present War, against the Spaniards, in America.
I. WHEREAS, his majesty hath been pleased to send instruction to the lieutenant-governor of this colony, to raise and levy soldiers, for carrying on the present war, against the Spaniards, in America: And this present general assembly being desirous, upon all occasions, to testify their loialty and duty; and taking into their consideration, that there are in every county, within this colony, able-bodied persons, fit to
Preamble.

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serve his majesty, who follow no lawful calling or employment:
      II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgessess, of this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall and may be lawful, to and for the justices of the peace of every county within this colony, or any three, or more of them, at any time before the first day of December next, within their several and respective counties, to raise and levy such able-bodied men as do not follow or exercise any lawful calling or employment, or have not some other lawful and sufficient support and maintenance, to serve his majesty, as soldiers, in the present war, against the Spaniards, in America: And to require and command all sherifs, under sherifs and constables, within their respective counties, to be aiding and assisting to them, in putting this present act in execution; and for that purpose, to issue out warrants, under the hands and seals of any three, or more of them, thereby requiring and commanding such sherifs, under sherifs, and constables, as aforesaid, every, or any of them, to make search, or cause search to be made, within their respective counties, for all such persons, as they can find, who are, or shall appear to them, to be within the description of this act; and to bring before the said justices, all such persons: And in case the justices, hereby authorised to put this act in execution, upon examination of the persons bro't before them, in pursuance of this act, shall judge them to be such, as are hereby intended to be entertained in his majesty's service, they shall immediately enlist them as soldiers: And the said justices are hereby authorised and required, by warrant under the hand and seal of three, or more of them, to cause the person so enlisted, to be delivered to the nearest constable, until they shall be brought to his majesty's lieutenant-governor of this colony, at Williamsburg; and there delivered to him, or such other person or persons as he shall appoint to receive them. And every person so enlisted, and delivered to a constable, by order to the said justices, as aforesaid, shall be deemed a listed soldier, to all intents and purposes, and shall be subject to the discipline of war; and in case of desertion, shall be punished as a deserter. And if any constable, to whom any soldier Soldiers, how impr ssed.


















How enlisted.

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shall be so delivered, to be conveyed to the governor, as aforesaid, shall suffer such soldier to escape out of his custody, or shall neglect or refuse to convey him to the next constable, according to the directions of this act; every such constable shall forfeit and pay the sum of five hundred pounds of tobacco, for every soldier he shall so suffer to escape: And every soldier so escaping, shall be punished as a deserter. And for the better securing and safe conveying such soldier, a shall be delivered to any constable, by the justices, as aforesaid, it shall and may be lawful, for any constable to whom any soldier shall be delivered, as aforesaid, to require and command the aid and assistance of any person or persons he shall think necessary, for the securing and safe conveying of such soldier or soldiers. And if any person, whose aid and assistance shall be so required, shall neglect or refuse to aid and assist accordingly, he shall forfeit and pay, for every offence, five hundred pounds of tobacco. Escapes, how punishable.

      III. Provided always, That nothing in this act shall extend to the taking or levying any person to serve as a soldier, who hath any vote in the election of a burgess or burgesses, to serve in the general assembly of this colony; or who is or shall be an indented or bought servant.

CHAP. IV.
An Act, for dividing the Parish of Saint Mark, in the County of Orange; and erecting the same into two distinct Parishes.
I. WHEREAS, by reason of the large extent of the parish of Saint Mark, in the county of Orange, the minister, and inhabitants thereof, labour under great difficulties and inconveniences: for the removal of which, for the future, Certain parishes divided.
      II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the first day of November next, the said parish of Saint Mark shall be divided by a line, to be run from the Wilderness bridge, up the Mountain road, to the head of Russel run; thence down the said run,

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to the river Rappidan; thence up the Rappidan, to the Robinson river; and thence, from the said river, along the ridge between the Robinson and Rappidan, to the top of the Blue ridge of mountains; and all that part of the said parish, situate on the north side of the said bounds, be erected into one distinct parish, and retain the name of Saint Mark; and all that other part thereof, situate on the south side of the said bounds, be erected into one other distinct parish, and be called by the name of Saint Thomas.
      III. And be it further enacted by the authority aforesaid, That the present vestrymen of the said parish of Saint Mark, and that shall continue so to be, 'til the said division shall take place, shall be vestrymen of the said new parishes of Saint Mark and Saint Thomas, wherein they shall dwell respectively. And for compleating the number of vestrymen in the said parishes of Saint Mark and Saint Thomas, the freeholders and house keepers thereof, shall meet, at some convenient time and place, to be appointed, and publickly advertised, by the sheriff of the said county of Orange, before the first day of December next following; and then and there elect such and so many of the most able and discreet person of their parish, as will make up the number of vestrymen, in each of the said parishes, twelve, and no more: Which vestrymen so continued and elected, having taken the oaths appointed by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestries of the said parishes, respectively. And the vestries of the said parishes, respectively, are hereby impowered and made capable to take, receive, and hold, any lands, tenements, or hereditaments, to be purchased or given for a glebe or glebes, for the use of the parsons of the said parishes, for the time being, forever.

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CHAP. V.
An Act, for prolonging the time for bringing Tobacco to the public Warehouses; and for the sale of Transfer Tobacco.
I. WHEREAS, by reason of the uncertain arrival of the ships from Great Britain, it will be necessary, during the present war with Spain, to allow the inhabitants of this colony longer time for bringing their tobacco to the public warehouses, than is allowed, as the law now stands:
Preamble.
      II. Be it therefore enacted, by the Lieutenant Governor, Council, Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That every inspector of tobacco shall constantly attend at some or one of the warehouses under his charge, from the tenth day of November, until the last day of August, in every year, during the continuance of this present act, to receive and inspect tobacco, except Sundays, and the holydays observed at Christmas, Easter, and Whitsuntide, or when otherwise hindred by sickness: And no tobacco shall be received from that time, to the tenth day of November following. Inspectors, when to attend.
      III. And be it further enacted, by the authority aforesaid, That the time appointed by law, for the inspectors of every warehouse or inspection, to account for, and sell the transfer tobacco remaining in their hands, and the tobacco gained or saved, by the allowances for cask, or shrinkage, shall be prolonged to the court held for the county where the warehouse or inspection shall be, in the month of October, yearly: And if there be no court held in that month, such inspectors may make oath to their accounts, before a justice, in the manner already directed. When to account for transfer tobacco.
      IV. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force, from the making thereof, until the first day of September, in the year of our Lord one thousand seven hundred and forty one, and no longer. Limitation of act.

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CHAP. VI.
An Act, for continuing and amending the Act, Intituled, An Act, for making more effectual Provision against Invasions and Insurrections.
I. WHEREAS, the act of Assembly, made in the first year of his majesty's reign, intituled, An act for making more effectual provision against invasions and insurrections, (which having expired, was revived by an act, made in the twelfth year of his said majesty's reign,) will again expire on the twenty first day of December, in the year of our Lord one thousand seven hundred and forty one: And it being expedient, that the said act should be further continued,
Preamble.
      II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the said first mentioned act shall continue and be in force, from the aforesaid twenty first day of December, in the year of our Lord one thousand seven hundred and forty one, for and during the term of three years then next following, and no longer. Former act continued.
      III. And whereas, by one clause in the said recited act, the governor, or commander in chief for the time being, upon any invasion of an enemy, by sea or land, or upon any insurrection, hath full power and authority to levy, raise, arm and muster, such a number of forces of the militia of this colony, as shall be thought needful for repelling the invasion, or suppressing the insurrection, or other danger; but no penalty is inflicted upon the officers of the militia, for neglecting or refusing to execute such orders as they shall receive; or upon soldiers for refusing or neglecting to appear when summoned to give their attendance, upon occasion of any such invasion or insurrection: And for want thereof, the good intent of the said act may be utterly defeated. Recital.
      IV. Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That if any officer of the militia, who upon occasion of any incursion, invasion, insurrection, or rebellion, or other alarm or surprise, shall, at any time, during the continuance of the said recited act, receive any orders or instructions, from Fines on officers.

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the governor, or commander in chief, for the time being, or from any other his superior officer, either for calling together the soldiers, or marching them to any particular place, shall neglect or refuse to execute such orders and instructions, in the best manner he is capable, every such officer so neglecting or refusing, shall forfeit and pay the sums following, respectively: (That is to say,) every lieutenant of a county, the sum of fifty pounds; every colonel, lieutenant-colonel, and major, the sum of thirty pounds; every captain, lieutenant, cornet, and ensign, the sum of twenty pounds; and every soldier who shall be summoned to appear upon any such occasion, and shall fail to do so, or shall fail to bring with him his arms and accoutrements, together with one pound of powder, and four pounds of ball, shall forfeit and pay the sum of ten pounds: One moiety of all which forfeitures, shall go to our sovereign lord the King, his heirs and successors, for and towards the better supplying that county, where the offence shall be committed, with arms; and the other moiety to him or them that will inform, or sue for the same: to be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this colony.

On soldiers.


Fines appropriated.

CHAP. VII.
An Act, for enforcing the execution of the laws made for the better managing and securing Orphans Estates.
I. WHEREAS, the justices of many county courts of this colony have neglected to put in execution the laws made for the better managing and securing Orphans Estates, to the great damage of many such orphans: 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 every person heretofore appointed, or hereafter to be appointed, guardian to any orphan, by any county court, shall, at the court held for that county in the month of August, in every year, or if no court shall be Guardians, when to account.

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then held, at the next succeeding court to be held for that county, exhibit a true account of the profits of such orphan's estates, upon oath, according to the directions of the laws now in force: And the justices of every county court shall, yearly, at the same court, examine into all accounts of guardians so to be exhibited to them; and shall direct process to issue, returnable to the next county court against all guardians that shall then fail to appear and render such account, as aforesaid, whether such guardian be resident in the same, or in any other county: And the said justices shall then also enquire into all abuses and mismanagements of guardians; and whether any such guardians, or their securities, are likely to become insolvent; and thereupon make and establish such orders and rules, as they shall think fit, according to the power and authority given them, by the laws for that purpose made and provided. And the justices of every county court, who shall fail or neglect to do their duty herein, shall forfeit and pay the sum of five thousand pounds of tobacco: one half to our sovereign lord the king, his heirs and successors, to and for the use of the county; and the other half to the informer; to be recovered, by action of debt or information, in any court of record in this colony; wherein no essoin, protection, or wager of law, shall be allowed, or more than one imparlance granted.


Duty of justices.
      III. Provided always, That nothing in this act shall be construed to abridge or restrain the power of the several county courts, to enquire, as often as they shall think proper, into the abuses and mismanagements of guardians; but that it shall and may be lawful for them to exercise such power, in as full and ample manner, as they might have done if this act had never been made; any thing herein contained to the contrary, or seeming to the contrary, in any wise, notwithstanding. Proviso.

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CHAP. VIII.
An Act, to prevent the recovery of Money or other valuable things won on wagers; and for the more effectual restraint of Gaming at Ordinaries.
I. WHEREAS, the act, made in the first year of his present majesty's reign, for preventing excessive and deceitful Gaming, hath been construed not to extend to horse-racing and cock-fighting, which have been found to produce as great mischiefs as any of the games in the said act mentioned; great numbers of people following and frequenting the same, and losing considerable sums of money thereat, to the great impoverishment of themselves and their families. And whereas, many quarrels, disputes, and controversies have arisen, and many suits have been brought, and are likely to be brought, upon wagers laid at the said horse-racings and cock-fightings: for prevention thereof,
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 November next, all promises, agreements, notes, bills, bonds, judgments, mortgages, or other securities or conveyances whatsoever, made, given, granted, drawn, or entered into or executed, by any person or persons whatsoever, where the whole, or any part of the consideration of such promise, agreement, conveyances, or securities, shall be for any money or other valuable things whatsoever, won, laid, or betted at horse-races, cock-fights, or any other sports or pastimes, or on any wager whatsoever; or for the reimbursing or repaying any money, knowingly lent or advanced for such uses, to any person or persons whatsoever; or lent or advanced, at the time of such horse-racing or cock-fighting, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever. Any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. Gaming debts, not recoverable.
      III. And that where such mortgages, securities, or other conveyances, shall be of lands, tenements, or hereditaments, or shall be such as incumber and affect the same, such mortgages, securities, or other conveyances, Securities void.

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shall enure, and be to and for the sole use and benefit of, and shall devolve upon, such person or persons, as should or might have or be entitled to such lands, tenements, or hereditaments, in case the said grantor or grantors thereof, or the person or persons incumbering the same, had been naturally dead; and as if such mortgages, securities, and conveyances, had been made to such person or persons, so to be entitled, after the decease of the person or persons so incumbering the same: And that all grants or conveyances to be made, for the preventing such lands, tenements, or hereditaments, from coming to, or devolving upon, such person or persons hereby intended to enjoy the same, as aforesaid, shall be deemed fraudulent and void, and of none effect, to all intents and purposes whatsoever. And for preventing gaming at ordinaries, which, of late, notwithstanding the wholesome provisions in the said act made, hath been very much used, to the ruin of the health and corruption of the morals of the youth of this colony, who, upon such occasions, frequently fall in company with lewd, idle, and dissolute persons, who have no other way of maintaining themselves, but by gaming;
      IV. Be it further enacted by the authority aforesaid, That if any Ordinary keeper, shall suffer or permit any person or persons whatsoever, to play at any game of cards or dice (except back gammon) in his house, either by night or by day, he, she, or they, shall forfeit and pay the sum of ten pounds: one half to our sovereign lord the king, his heirs and successors, to and for the use of the poor of the parish in which the offence shall be committed; and the other half to the informer: to be recovered, with costs, by action of debt, or information, in any court of record, in this colony: And moreover, upon conviction, as aforesaid, the license of such ordinary-keeper shall be, ipso facto, void. Penalty on ordinary keepers.

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CHAP. IX.
An Act, for appointing several new Ferries; and for altering the Days of holding Fairs in the town of Fredericksburg.
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 John Hereford, in Doeg's Neck, in the county of Prince William, over the river, to the lower side of Pamunky, in Prince George county, in Maryland, the price for a man one shilling, and for a horse the same. From Hunting creek warehouse, on the land of Hugh West, in Prince William county, over the river, to Frazier's point, in Maryland, the price for a man one shilling, and for a horse the same. On James river, from the warehouse landing at Warwick, in the county of Henrico, over the river, to the land of Thomas Moseley, the price for a man three pence, and for a horse three pence. From the town of Southampton, across the mouth of James river, to the borough of Norfolk, and Nansemond town, to the town of Southampton, the price for a single man, or single horse, seven shillings and six pence; and if there be more, for a man and horse, or men and horses, five shillings for each man and each horse. 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 carriage 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 cart, or four wheel chaise, and the driver of such chaise, the same as for the ferriage of four horses: and for every two wheel

New ferries established.

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chaise or chair, the same as for the ferriage of two horses, according to the said rates, and no more. 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.
      II. And be it further enacted, That for every hogshead of tobacco brought to any ferry, in order to be transported over, the price of ferriage shall be the same, as the ferriage of one horse, according to the rates settled at the said ferry.
      III. And whereas, no prices are settled for the ferriages for any other beasts, except horses, and keepers of public ferries often exact exorbitant prices, for carrying such beasts over their ferries, Be it further enacted, by the authority aforesaid, That at all and every the ferries in this colony, it shall and may be lawful, to and for the keepers thereof, to demand and take, for the carriage of such beasts, the following rates; to wit: For every head of neat cattle, the same as for the ferriage of one horse; for every sheep, goat, or lamb, one fifth part of the ferriage of one horse; and for every hog, one fourth part of the ferriage of one horse, and no more. And if any ferry keeper, or ferryman, shall presume to demand and receive from any person or persons whatsoever, any 'greater rate than what is allowed by law, for the carriage and ferriage of any thing whatsoever, he or they, for every such offence, shall forfeit and pay to the party grieved, the ferriage demanded and received, and ten shillings: To be recovered, with costs, before any justice of the peace for the county, where such offence shall be committed.
      IV. And whereas, the days appointed for holding fairs at the town of Fredericksburg, in the county of Spotsylvania, as they are now settled, are found to be inconvenient, Be it further enacted, by the authority aforesaid, That, for the future, the said fairs shall be held and kept, in the manner directed by the act, for allowing fairs to be kept in the town of Fredericksburg, on the Wednesday next after the court days of the said county of Spotsylvania, in the months of June, and Fairs in Fredericksburg.

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October, in every year; any thing in the said last mentioned act, to the contrary thereof, in any wise, notwithstanding.

CHAP. X.
An Act, for establishing a Town in the county of Princess Anne; and confirming the titles to lands purchased therein.
I. WHEREAS, it hath been represented to his Assembly, that colonel Anthony Lawson, Edward Mosely, and William Mosely, jun. all now deceased, did, in the year one thousand six hundred and ninety seven, purchase of one Simon Hancock, fifty one acres of land, lying and being in the parish of Lynnhaven, in the county of Princess Anne, bounded, as in the deed for the same, dated the second day of February, in the year aforesaid, is particularly mentioned, and did lay out the same in lots and streets, for a town, by the name of New Town; and made sale of the said lots to divers persons, who have since settled and built thereon: And that the said fifty one acres of land lie convenient for trade and navigation; but because the same was not laid out, and erected into a town by act of Assembly, many controversies and inconveniencies are likely to arise: For preventing all doubts in that matter,
New town in Princess Anne established.
      II. 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 the said piece or parcel of land, containing fifty one acres, lying in Princess Anne county aforesaid, be and is hereby constituted, appointed, erected, and established a town, in the manner it is already laid out in lots and streets, to be called by and retain the name of New Town: And the estate and estates, rights and titles, duly and truly purchased, by any person or persons whatsoever, in any of the lots aforesaid, be and they are hereby confirmed, made good, available, and binding in law, unto such purchaser or purchasers, respectively. And the said purchasers, their heirs and assigns, respectively, shall forever hereafter, peaceably and quietly

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have, hold, and enjoy, the same premises, according to such purchased estates; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.

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