Pages 90-107 
|  Pages 124-141
|
| Pages 90-107
| Pages 124-141
|
| CHAP. XI. | ||
| ||
| I. WHEREAS, a bridge over Nottoway river, at a place called Hunt's landing, in the county of Surry, adjoining to the public road in that county, was lately built, by subscription; and hath been found to be very beneficial and convenient for the people of that county: And the said bridge being now much decayed, the justices of the said county, upon application made to them, to cause the same to be repaired, at the expence of the county, have refused so to do, | Bridges over Nottoway and Pamunky rivers to be built. | |
| II. Be it therefare enacted, by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That the justices of the said county of Surry, do forthwith agree with some undertaker, to repair the bridge at the place aforesaid; and to make it fit for the passage of horses, coaches, waggons, and other wheel-carriages; and that they do always, afterwards, maintain and keep the same in good repair: And the justices of the said county, are hereby authorized and impowered, to levy the charge of repairing and maintaining the said bridge, on the tithable persons in their county. | ||
| III. And be it further enacted, by the authority aforesaid, That if the said justices shall hereafter neglect or delay to agree with workmen or undertakers, to repair and maintain the said bridge; every justice, so refusing or delaying shall forfeit and pay the sum of five pounds: one moiety to our sovereign lord the king, his heirs and successors, to and for the use of that county; and the other moiety to him, her, or them, that will |
| inform or sue for the same: to be recovered with costs, by action of debt, or information, in any curt of record, within this colony and dominion. | |
| IV. And whereas it hath been represented to this assembly, by divers of the inhabitants of this colony, that it will be very advantageous and convenient to them and others, to have a bridge built and maintained over Pamunky river, from a place called Newcastle, in Hanover county, to the land of Edmund Littlepage, in King William county: And they have prayed leave to build a bridge at the said place, over the said river, by subscription; | |
| V. Be it further enacted, by the authority aforesaid, That for the better building, ordering, and keeping in repair, the said bridge, over Pamunky river, at the place aforesaid, it shall be in the power of the justices in the county of Hanover aforesaid, and their successors, who are hereby nominated trustees, for putting so much of this act, as relates to the bridge last mentioned, in execution, or any four, or more of them, (one of whom to be of the quorum) to receive subscriptions, and the money subscribed, from every person and persons, who shall be willing to make such subscriptions; and to apply the same towards building a bridge at the last mentioned place: And to design, direct, and agree with workmen, for building the said bridge, so that the same be not less than twelve feet in breadth, and railed on each side three feet high, with one arch, at least thirty feet wide, sufficiently high for the passage of boats and flats. | |
| VI. And for the support and maintenance of the last mentioned bridge, Be it further enacted, by the authority aforesaid, That the justices, or any four, or more of them, as aforesaid, or such person or persons as they shall appoint, shall, and may set up and erect, or cause to be set up and erected, one or more gate or gates, turnpike or turnpikes, on, or across the said bridge, as they shall think fit; and the tolls and duties following, shall be paid and received, before any of the things on which the same are herein after imposed, shall be permitted to pass through the said gates or turnpikes; that is to say: For every man, three pence, and for every horse, mule, or ass, three pence: For every coach, chariot, or waggon, and the driver thereof, the same as for six horses: And for every cart, or four |
| wheel chaise, and the driver thereof, the same as for four horses: For every two wheel chaise, chair, or other carriage, the same as for two horses: For every pipe, or hogshead to be rolled over the said bridge, the same as for one horse: And for every cask to be rolled over, as aforesaid, two pence: For every drove of oxen, or neat cattle, two shillings per score: And for every drove of hogs, sheep, or goats, twelve pence per score; and so in proportion for a lesser or greater number: Which said respective sum and sums of money shall be demanded and taken in the name of, or as a toll, or duty,. And the money so to be raised, is, and shall be hereby vested, in the said justices; and shall be paid, applied, and disposed of, to and for the uses and purposes, and in such manner as is herein after mentioned. | |
| VII. And be it further enacted, by the authority aforesaid, That the said justices shall, from time to time, pay and apply the money arising from the profits of the said gates or turnpikes, so to be erected, for and towards the repair of the said bridge, and agates or turnpikes; and afterwards towards satisfying and paying the subscribers, their executors, administrators, or assigns, the several sum or sums of money by them subscribed and paid towards building the bridge, and gates or turnpikes aforesaid, with lawful interest for the said money, from the time of advancing the same, until it shall be paid: And the remainder of the money arising as aforesaid, (if any) shall be applied to the use of the county, for lessening the levy by the poll. | |
| VII. And be it further enacted, That the said justices shall and may nominate and appoint one or more fit person or persons, to receive and collect the tolls and duties aforesaid; and to see that the said bridge, gates, or turnpikes be repaired and amended, and the arches of the said bridge kept clear from rubbish and old trees: and from time to time remove such person or persons, as they shall see occasion, and appoint new ones, in case of death, or such removal: And the person or persons so appointed to receive the toll or duties, as aforesaid, shall account, before the said justices, at their courts held in the months of March, and September, yearly, or oftener, if required, upon oath, for all monies which he or they shall have received and paid, by virtue of this act: And the said justices shall |
| and may, out of the money arising, as aforesaid, make allowance unto such person or persons by them to be appointed, as aforesaid, for his and their care and trouble in the execution of his or their office, as to them shall seem good; always taking bond, with good and sufficient security, from such person or persons, at the time of their appointment, for the due and faithful execution of his or their office, and rendering such account; which bond, upon any breach of the condition, the said justices shall cause to be put in suit; and shall apply the money recovered thereon, to the uses to which the toll or duty is herein before appropriated: And the judgment obtained on the said bond, may be renewed by scire facias, and assigning a new breach, in the manner already prescribed for suits on bonds for performance of covenants. | |
| IX. Provided always, That nothing herein contained, shall extend to compel any person or persons to pay any toll or duty, where, by law, they are exempted from paying ferriages. | |
| X. And be it further enacted, by the authority aforesaid, That if any suit shall be commenced against any person or persons, for any thing done, in pursuance of any part of this act, relating to the last mentioned bridge, the defendant or defendants, in such suit, may plead the general issue, and give this act and the special matter in evidence. | |
| CHAP. XII. 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 six 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 first day of November, one thousand seven hundred and thirty eight, to the two and twentieth day of May, one thousand seven hundred and forty: And that it may 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 | Public taxes. |
| 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 time of giving bond for the due collection and paiment of the next county levy, also give bond and security for the due collection and paiment of the public levy, now laid and assessed. | ||
| CHAP. XIII. | ||
| ||
| I. WHEREAS Philip Lightfoot, late of James City county, gentleman, deceased, being seized in fee simple of and in three several tracts or parcels of land in the parish of Westover, then in the county of James City, but now in the county of Charles City, did, by his last will and testament, bearing date the thirteenth day of August, in the year of our Lord, one thousand seven hundred and eight, give and bequeath unto his eldest son Francis Lightfoot, and the heirs of his body lawfully begotten, forever, the said tracts of land, by the name of all that his tract or dividend of land, containing five hundred acres, whereon he then lived, and purchased of Edward Chilton, who purchased the same of John Edloe, deceased. And also part of his land which he escheated from Thomas Wilkins, deceased, whereon his quarter then stood; as also two hundred and ninety acres more, joining on the said quarter land, purchased of Edward Chilton: But in case his said son Francis should die without such heir, | Certain entailed lands vested in Philip Lightfoot. |
| then he gave all the above mentioned tracts to his son Philip Lightfoot, and the heirs of his body lawfully begotten, forever; as by the said last will, reference thereunto had, may more at large appear. | |
| II. And whereas, the said Francis Lightfoot, after the death of his father, entered upon the above mentioned lands; and having purchased some adjoining tracts, whereby the said devised lands are become more profitable, and of much greater value: And apprehending he had a fee simple, as well in those devised, as those he purchased, did, by his last will and testament, bearing date the sixth day of January, in the year of our Lord one thousand seven hundred and twenty seven, give unto his daughter Elizabeth the sum of one thousand pounds sterling; and all the remainder of his estate, real and personal, wheresoever lying and being, to his son Francis Lightfoot, and the heirs male of his body lawfully begotten: But in case his said son should die without issue male, or there should be any failure thereafter in the male line, then he gave all his said estate real and personal to his brother the said Philip Lightfoot, and his heirs forever, he or they paying to the daughter of his said son, or in case there should be none such, to his daughter Elizabeth, the sum of two thousand five hundred pounds current money, in full compensation of the same; as by the said last mentioned last will, reference being thereunto also had, may more fully and at large appear. | |
| III. And whereas the said Francis, the son of the said Francis, is dead, without issue, and Beverley Randolph, of Henrico county, gentleman, hath intermarried with the said Elizabeth, to whom the said Philip Lightfoot hath paid the said several sums of one thousand pounds sterling, and two thousand five hundred pounds current money, according to the will of the said Francis Lightfoot: And whereas, notwithstanding such paiment, the said Beverley Randolph hath brought two several actions of trespass and ejectment, for the recover of the said lands, in right of his said wife, as intailed upon her, by the will of the said Philip Lightfoot: And the said Philip Lightfoot hath brought a suit in chancery against the said Beverley, and his wife, for the recovery and repaiment of so much of the money by him already paid to the said |
| Beverley, as the said devised lands are reasonably worth, or shall be valued at. | |
| IV. And whereas, for avoiding the great expence with which the said law suits must necessarily be attended; and for that the said lands devised by the said Philip Lightfoot, if recovered by the said Beverley Randolph, and Elizabeth his wife, will be of small value to them, without the adjoining lands, purchased by the said Francis Lightfoot, and the whole together will be very valuable to the said Philip Lightfoot, they, the said Beverley Randolph, and Elizabeth his wife, and the said Philip Lightfoot, have come to an agreement, that in consideration of a certain sum of money, to be paid by the said Philip Lightfoot, to the said Beverley Randolph, he the said Philip Lightfoot, shall have and enjoy the said devised lands, to him and his heirs. And forasmuch as notice has been given in the parish church wherein the said lands lie, of the intended application to this general assembly, to dock the intail of the said lands, pursuant to your majesty's instructions; therefore, for quieting the suits and controversies aforesaid, between the said parties, and for establishing the agreement aforesaid, between them, and for preserving all the lands whereof the said Francis Lightfoot died seized in his name, according to the plain intent and meaning of his will aforesaid; and for that the said Philip Lightfoot is the next in remainder, under the will of the said Philip Lightfoot, deceased, in case of the death of the said Elizabeth, the wife of the said Beverley Randolph, without issue, may it please your most excellent majesty, at the humble suit of the said Philip Lightfoot, Beverley Randolph, and Elizabeth his wife, that it may be enacted, | |
| V. 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 all the said lands, so as aforesaid devised, by the last will and testament of the said Philip Lightfoot, to his said son Francis Lightfoot, with all and singular the appurtenances thereunto belonging, be, and are hereby vested in the said Philip Lightfoot, his heirs and assigns, to the only use and behoof of the said Philip Lightfoot, his heirs and assigns, forever: And he the said Philip Lightfoot shall hold the same, free and |
| discharged from all the limitations in the last will and testament of his father Philip Lightfoot, deceased. | ||
| VI. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies, politic and corporate, their respective heirs and successors, other than the persons claiming under the last will and testament of the said Philip Lightfoot, deceased, 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. | ||
| VII. Provided always, That the execution of this act shall be and is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XIV. | ||
| ||
| I. WHEREAS Richard Johnson, late of the county of King and Queen, esquire, deceased, being seised of divers lands, tenements, and hereditaments, made his last will and testament, in writing, bearing date the eighth day of April, one thousand six hundred and ninety eight; and thereby, among other things, devised to one Thomas Johnson, since deceased, a tract or parcel of land, lying and being in the parish of Saint John, in the county of King William, by the name of all his plantations, tract, or dividend of land, lying in Pamunky Neck, on Pamunky riverside, which he bought of the Sneeds, and others, containing seven hundred and fifty acres, besides the sunken grounds and meadows; to hold to the said Thomas Johnson, and his heirs, for ever. And by his said will, also devised divers lands and hereditaments to Richard Johnson, and William Johnson, brothers of the said Thomas Johnson; and declared his will to be, that if either of them the said Thomas, Richard, and William Johnson, should die before they came to the age of twenty one years, or without heir of | Certain entailed lands vested in Richard Chapman. |
| their bodies, that all the estate real given to him so dying, should be equally divided betwixt the two surviving brothers, with divers other limitations in the said will particularly mentioned, as by the said will, proved and recorded in the county court of King and Queen, relation being thereunto had, may more at large appear. | |
| II. And whereas, after the death of the said Richard Johnson, the testator, the said Thomas Johnson entered into the lands so as aforesaid devised to him, and died, leaving issue Nicholas Johnson, his eldest son and heir, who entered into the said premises; and supposing he had an estate in fee simple in the same, did, by indentures of lease and release, bearing date the twenty first and twenty second days of April now last past, in consideration of the sum of six hundred pounds, sell and convey (among other lands in the said deed mentioned) six hundred acres of land, part of the said devised lands, to one Richard Chapman, of the county of King William, gentleman, as by the said indentures recorded in the county court of King William, relation being thereunto had, may more at large appear: | |
| III. And whereas, the said Richard Chapman is apprehensive that the lands so as aforesaid devised to the said Thomas Johnson, are entailed by the will of the said Richard Johnson; and that the said Nicholas Johnson hath only an estate tail therein: | |
| IV. And whereas, the said Nicholas Johnson is seised, in fee simple, of one tract or parcel of land, with the appurtenances, lying and being in the parish of Saint Martin, in the county of Hanover, containing six hundred acres; four hundred acres, part thereof, being a moiety, or half part of eight hundred acres of land, given and granted to the said Nicholas Johnson, and his brother Richard Johnson, by their grandfather Nicholas Meriwether; and the remaining two hundred acres having been lately purchased by the said Nicholas Johnson, of one Abraham Venables, and conveyed to him by the said Abraham Venables, by deed of Feoffment, bearing date the sixth day of March last past, recorded in the county court of Hanover aforesaid: And the said Nicholas Johnson is also possessed of fourteen negro slaves, commonly called and named, as follows: Daniel, David, Tom, West, |
| Hampton, Bristol, Charles, James, Betty, Kenny, Nanny, Sarah, Amy, and her son Charles; which said last mentioned lands and slaves, are of greater value than the said six hundred acres of land, so sold by the said Nicholas Johnson, to the said Richard Chapman: And the said Nicholas Johnson being willing and desirous to make and secure a good and absolute title to the said Richard Chapman, in and to the said six hundred acres of land so sold, hath agreed with the said Richard Chapman, that the said lands in the county of Hanover, and the slaves before mentioned, shall be settled to the same uses, as the said devised lands are limited and settled, by the last will and testament of the said Richard Johnson. And forasmuch, as notice hath been published three Sundays successively, in the church of the parish of Saint John aforesaid, that application would be made to this general assembly, to vest the said six hundred acres of lands so devised by the said Richard Johnson to the said Thomas Johnson, in the said Richard Chapman, in fee simple, upon settling other lands and slaves to the uses mentioned in the will of the said Richard Johnson, pursuant to your majesty's instructions; may it therefore please your most excellent majesty, at the humble petition of the said Nicholas Johnson, and Richard Chapman, that it may be enacted, | |
| V. 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 the said six hundred acres of land, with the appurtenances, in the county of King William, parcel of the said lands, so as aforesaid devised to the said Thomas Johnson, by the last will and testament of the said Richard Johnson, and sold and conveyed by the said Nicholas Johnson, to the said Richard Chapman, as aforesaid, shall be and are hereby confirmed to, and vested in the said Richard Chapman, his heirs and assigns, forever. And the said Richard Chapman, his heirs and assigns, shall hold the same, freed and discharged from all the limitations mentioned in the last will and testament of the said Richard Johnson: And that the said six hundred acres of land in the county of Hanover, and the said fourteen slaves herein before mentioned, shall be and are hereby vested in the said Nicholas Johnson, to such use and uses, and for such |
| estate and estates, and subject to the like limitations, as the said six hundred acres of land in the county of King William, are and stand limited by the last will and testament of the said Richard Johnson, deceased. And the said Nicholas Johnson, and all others, claiming under him, shall have, and may hold and enjoy the aforesaid lands in the county of Hanover, and the said slaves, with their and every of their future increase, in the manner as he or they could or might have held and enjoyed the said six hundred acres of land in the county of King William, in case the same had not been sold or conveyed, as aforesaid; or as if this act had never been made; and not otherwise. | ||
| VI. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim, and demand, (other than the persons claiming under the last will and testament of the said Richard Johnson,) as they, every, or any of them, could or might claim, if this act had never been made. | ||
| VII. Provided always, That the execution of this act, shall be and is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XV. | ||
| ||
| I. WHEREAS William Chamberlayne, late of the county of New Kent, merchant, deceased, being seised and possessed of a considerable real and personal estate, did, by his last will and testament, in writing, bearing date the first day of October, in the year of our Lord one thousand seven hundred and thirty five, among other thins, will and direct, that all his negros and other slaves, (except those specifically devised,) should be equally divided into four lots or parts. And that the said division should be made by the Reverend Daniel Taylor, Daniel Parke Custis, Richard Littlepage, and Francis West, or any three of them; And, in case of their death, or refusal, then | Certain slaves of Wm. Chamberlayne, vested in trustees. |
| by a like number of proper persons thereto to be appointed by the court of New Kent county: And, after such division, that his wife should have the first choice of one of the said lots of slaves: To have and to hold to her, to her own proper use and benefit, during the term of her natural life: And, after her decease, to go and descend to such of his children, as she should think fit to devise and bequeath the same unto. And, by his said will, gave and devised to his three sons, Edward Pie, Richard, and Thomas, divers lands, tenements, and hereditaments; and to his two daughters, Mary and Elizabeth, five hundred pounds sterling a piece; and made his said sons residuary legatees; and appointed his wife Elizabeth, sole executrix of his said will. And, some time afterwards, the said William Chamberlayne, made a codicil to his said will, as by the said will and codicil, proved & recorded in the county court of New Kent, relation being thereunto had, may more at large appear: | |
| II. And whereas, after the death of the said William Chamberlayne, his slaves were divided into four lots, pursuant to the directions of the said will; and the said Elizabeth, the wife of the said William Chamberlayne, made choice of one of the said lots, in which were contained thirty three slaves, called and named, as follows: Old Jack, Lightfoot, Ned Littlepage, Bridget Scotland, George Smith, Hedge, Happy, Durham, Edom, Monkey Joe, Tom Possum, Greenwich, Hagar, Sarah Slade, Nan Scotland, Sarah Thornton, Mars Davice, Charlton, Dandy, Judith Lightfoot, Julius, (Judith's son,) Judith's Sarah, Sarah Ordinary, Joanna, Will Sanders, Cam Gibson, Humphry, Sol. Gibson, Susanna Scotland, Dinah, Sue, (Jenny's girl,) Charles Nanson, Abraham, and old Bridget; as by the said division of the said slaves, recorded in the county court of New Kent, aforesaid, may appear: | |
| III. And whereas, the said Elizabeth, at the death of her said husband, was privily ensient, or with child, and some time after his death, was delivered of a daughter, named Anne Kidley; for which said posthumous daughter, no provision is made by the will of her said father William Chamberlayne: | |
| IV. And whereas, the said Elizabeth, some time after the death of her said husband William Chamberlayne, intermarried with William Gray, of the county |
| of New Kent; but, before the said marriage, being willing and desirous to make some provision for her said daughter, Anne Kidley, did enter into one bond, or obligation, to one William Acril, gentleman, in the penalty of one thousand pounds, bearing date the tenth day of March, one thousand seven hundred and thirty seven, with condition, among other things, to give her daughter, the said Anne Kidley, all the slaves, and their increase, devised to her by the will of the said William Chamberlayne, after the death of the said Elizabeth; and to endeavour to procure an act of assembly to establish and confirm the said child's right to the said slaves, as by the said bond, and condition, also recorded in the county court of New Kent, relation being thereunto had; may more at large appear: | |
| V. And whereas, the said William Gray, and Elizabeth his wife, have made application to this present general assembly, that an act may pass, for settling the said slaves, according to the condition of the said bond: And forasmuch as it may be questioned, Whether the said Elizabeth, by virtue of the poser given to her by her said husband's will, can devise the said slaves to the said posthumous child; and for that no provision is made for such child, by the will of her said father; and all the other children of the said testator are amply provided for; and it is reasonable to suppose the said testator would have made some provision for such posthumous child, if he had known his wife had been ensient: Therefore, for making such provision, | |
| VI. Be it 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 the said thirty three slaves, herein before mentioned to be allotted and chosen by the said Elizabeth, as her part and share of the slaves of her said deceased husband, together with all the increase they have had since the same were so allotted and chosen, and all the increase they shall hereafter have, shall be and they are hereby vested in Richard Littlepage, & Thomas Arnott, both of the county of New Kent, aforesaid, gentlemen, their heirs and assigns: upon this special trust and confidence, that they do and shall permit and suffer the said William Gray, and Elizabeth, his wife, to have, hold, use, occupy, possess, and enjoy, the said slaves, and their increase, |
| without any molestation, hindrance, or interruption whatsoever. And from and after the death of the said Elizabeth, the said Richard Littlepage, and Thomas Arnott, shall stand and be possessed of the said slaves, and their increase, in trust to, and for the sole use, benefit and behoof of the said Anne Kidley Chamberlayne, daughter of the said William Chamberlayne, by the said Elizabeth, his wife, and her heirs and assigns, for ever. | |
| VII. Provided always, That if the said Anne Kidley Chamberlayne shall die, in the life time of the said Elizabeth, here mother, before she arrives at the age of one and twenty years, or is married; then, and in that case, it shall and may be lawful, to and for the said Elizabeth, to dispose of the said slaves, and their increase, according to the power and authority given to her, by the last will and testament of her said husband, William Chamberlayne, in the same manner, as if this act had never been made. | |
| VIII. Provided also, That if the said Anne Kidley Chamberlayne, shall depart this life, after the death of the said Elizabeth, her mother, and before she arrives to the age of one and twenty years, or is married; then, in that case, the said Richard Littlepage, and Thomas Arnott, their heirs and assigns, shall stand and be possessed of the said slaves, and their increase, in trust, and to and for the use of the said Edward Pie, Richard, Thomas, Mary, and Elizabeth Chamberlayne, children of the said William Chamberlayne, and their heirs and assigns, to be equally divided between them. | |
| IX. Saving to the king's most excellent majesty; his heirs and successors, and all and every other person and persons, bodies politic and corporate, their respective heirs and successors, (except the heirs of the said William Chamberlayne, and all and every person and persons claiming under the last will and testament of the said William Chamberlayne,) all such right, title, interest, claim and demand, of, in, or to, the said slaves, and their increase, as they, every, or any of them, could or might claim, if this act had never been made. |
| AT A General Assembly, SUMMONED TO BE HELD AT |
Wm. Gooch, esq. Governor. | |
| ||
 CHAP. I. | ||
| ||
| I. WHEREAS, his most sacred majesty, for vindicating the honor of his crown, for securing the trade and commerce of his subjects, and for revenging the cruelties, depredations, and insults committed by the subjects of Spain upon those of Great-Britain, hath thought it necessary to enter into a war with Spain: And whereas, in pursuance of his majesty's roial instructions to his lieutenant-governor, a number of soldiers have been inlisted in this colony, to serve his majesty on an intended expedition against the Spaniards in the West-Indies: And whereas, his majesty hath recommended to, and required of his good subjects | Preamble. |
| of this colony, to provide for and defray the expence of victualling and transporting the said soldiers, and all other incident charges attending the inlisting of them, (except their pay, cloaths, arms, and ammunition,) 'till their arrival at the general rendezvous in the West-Indies: And this present General Assembly, desirous to give the utmost testimony of their loialty and affection to his majesty's person and government, have resolved to give such a sum of money, as the circumstances of this colony will allow, towards defraying the said expence and charges: notwithstanding the present low condition of the public treasury, and that money cannot be raised, without borrowing the same, on the credit of the small revenues arising by the duties upon liquors and slaves: | |
| 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, and he is hereby impowered and required, out of the public monies now in his hands, and by borrowing so much as there shall be occasion for, in manner as hereafter is mentioned, to pay to the honourable William Gooch, Esq. his majesty's lieutenant-governor of this colony, the sum of five thousand pounds; to be by him applied towards providing victuals, transports, and other necessaries, for the soldiers, so as aforesaid raised, or to be raised in this colony, for his majesty's service, as herein before is mentioned. | Treasurer to pay to the Governor 5000l. How to be applied. |
| III. And be it further enacted by the authority aforesaid, That for raising the said sum of five thousand pounds immediately, as the nature of the service to which it is to be applied requires, the treasurer of this colony be and he is hereby impowered to borrow the said sum of five thousand pounds, or so much thereof, as he shall find necessary and expedient, at an interest not exceeding six per cent. And for encouraging persons to lend money upon this occasion, | In what manner to be raised. |
| IV. Be it further enacted by the authority aforesaid, That the revenues or duties arising by the importation of liquors and slaves, shall, and they are hereby declared to stand, be, and remain, as a security, for the repaiment of the money, with interest, so to be borrowed by the treasurer, as aforesaid. And the said treasurer | Duties upon liquors and slaves, to be security for the repaiment of money borrowed. |
| is hereby required to repay the money so to be borrowed, with interest, out of the first public monies that shall come to his hands, either by receipt of the duties aforesaid, or otherwise. |
| Pages 90-107
| Pages 124-141
|