Pages 160-181 
|  Pages 199-219
|
| Pages 160-181
| Pages 199-219
|
| CHAP. XIII. An Act, to prevent Lawyers exacting or receiving exorbitant fees. | |
| I. FOR preventing lawyers taking unreasonable and exhorbitant fees, and for the more equal settlement of the same, 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, the lawyers in this colony, shall not exact, take, or receive, directly or indirectly, any greater or other fees or rewards, for the following services, than what are herein particularly mentioned and expressed: That is to say, lawyers practising in the General Court, may demand and receive, for an opinion, or advice, where no suit is brought, one pound, one shilling and six pence: In any suit at common law, other than the actions herein after mentioned, two pounds ten shillings: In all Chancery suits, or real, mixt, or personal actions, where the titles or bounds of land come in question, five pounds. And lawyers practising in the county courts, may demand and receive, for an opinion, or advice, where no suit is brought, ten shillings; In any suit at common law, other than the actions herein after mentioned, or by petition, fifteen shillings: In all Chancery suits, or real, mixt, or personal actions, where the titles or bounds of land come in question, one pound, ten shillings: On a petition for a small debt, seven shillings and six pence: To any lawyer attending a survey in the country, for every day he shall attend, twenty shillings. And every lawyer exacting, taking, receiving, or demanding, any greater fee, or other reward, for any of the above services, shall forfeit and pay fifty pounds, for every offence; one half to our sovereign lord the king, his heirs and successors, | Lawyers not to demand greater fees than what are herein mentioned under a penalty. |
| for and towards the better support of this government, and the contingent charges thereof; and the other half to the informer: To be recovered by action of debt, or information, in any court of record, in this colony. | |
| II. And be it further enacted, by the authority aforesaid, That no person or persons, after the fifteenth day of October next, shall practise as an attorney in the General Court, or any inferior court, within this colony, until he shall first, before such court where he shall be admitted to practise, have taken the following oath: "You shall not, directly or indirectly exact, demand, or receive, any greater or larger fee or reward, or other gratuity whatsoever, for the services by you to be done, as an attorney of this court, than you are permitted to take, by a certain act of Assembly, intituled, an act, to prevent lawyers exacting or receiving exorbitant fees, during the continuance of the said act: So help you God." −−− And if any attorney, after the said fifteenth day of October, shall prosecute or defend any action or suit whatsoever, in the General court, or any inferior court, within this colony, before he shall have taken the said oath, he shall forfeit and pay the sum of five hundred pounds current money; one moiety to his majesty, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; the other moiety to the informer: To be recovered with costs, in any court of record, within this colony, by action of debt, or information. | And to be sworn. |
| III. And be it further enacted, That this act shall continue, and be in force, one year, from the passing thereof, and from thence to the end of the next session of Assembly; and no longer. | Continuance of the act. |
| CHAP. XIV. 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 four pounds and a half of tobacco, be paid by every tithable person, within this dominion, for the defraying and paiment of the public charge of the country; | Four pounds and a half of tobacco to be paid by every tithable, being the public levy, |
| being the public levy, from the two and twentieth day of May, one thousand seven hundred and forty, to the sixth day of May, one thousand seven hundred and forty two: 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. | from the 22d of May, 1740, to the 6th of May, 1742. | |
| 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. | Proviso. | |
| III. And be it further enacted, by the authority aforesaid, That the sherif 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. | Sheriff to give bond for the collection. | |
| CHAP. XV. | ||
| ||
| I. WHEREAS, it was enacted, by one clause of the act, made in the twelfth year of his majesty's reign, for the relief of certain persons, who were sufferers in the loss of the records of the county of Nansemond; that to the end, other persons, who had not been able to produce witnesses, before the commissioners appointed, by a commission issued under the great seal of the colony; pursuant to the act of Assembly, made in the eight year of his majesty's reign, intituled, an act for the relief of such persons as have | Further relief to sufferers by loss of records in Nansemond. |
| suffered or may suffer, by the loss of the records of Nansemond county, lately consumed by fire, in relation to their deeds, and other evidences, which may have been lost among the records of the said county, one other or more commissions should, and might be issued, and continued by the governor and commander in chief, of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings, recorded in the said county court, where the original has been lost, pursuant to the last mentioned act of Assembly, to be executed and returned, as in the said act is directed: And whereas, pursuant thereto, a commission hath issued, under the great seal of the colony, bearing date the twenty third day of December, in the twelfth year of his said majesty's reign, to William Wright, and seventeen others directed, who made a return of the said commission; but it does not appear that they have taken any depositions pursuant thereto. And to the end, that those persons, who have not yet been able to produce witnesses before the said commissioners, in relation to their deeds, and other evidences, which have been lost among the records of the said county, may be relieved, | |
| 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 one other or more commissions shall, and may be issued, and continued, by the governor and commander in chief of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings, recorded in the said county court, where the original hath been lost, pursuant to the act of Assembly, made in the eight year of his majesty's reign; to be executed and returned, as in the said act is directed. |
| CHAP. XVI. | ||
| ||
| I. FOR the greater ease and encouragement of the upper inhabitants of the county of King and Queen, who live at a great distance from the court-house of that county, and very convenient to the court-house of the county of Caroline; and for the better regulation of the said counties: 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 December now next ensuing, the said county of King and Queen be divided, by a line to be run from the upper part of the land of William Wood, on the edge of Essex county, to the upper part of Captain Richard Tunstal's land, on Morocosick creek. −−− And that all that part of the said county of King and Queen, below the said creek, be one distinct county, and retain the name of King and Queen county. And all that other part thereof, above the said line, be thereafter annexed, and made part of the county of Caroline, aforesaid. | King and Queen divided. Part added to Caroline. | |
| II. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, or collector of the said county of King and Queen, as the same now stands intire, and undivided, to make distress for any levies, fees, or other dues, which shall be due from the inhabitants above the said line, after the said first day of December, as by law he might have done, if this act had never been made: Any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. |
| CHAP. XVII. | ||
| ||
| I. WHEREAS it hath been represented to this Assembly, that the lands in the county of Elizabeth City, consist chiefly in pasture, and the inhabitants of that county are often deprived of the benefit thereof, for their stocks, by ill designing people, who pull down their fences, lay open their pastures, and corn-fields, and turn in their horses and cattle, in the night: | ||
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the justices of the county of Elizabeth City, shall have full power and authority, to erect and keep in repair, or cause to be erected and kept in repair, one or more pound or pounds overt, at some convenient place or places, at or near the town of Southampton, for impounding all horses, cattle, sheep, goats, and hogs, that shall be taken up in any pastures or corn-fields, lawfully fenced, or in any other lawful inclosures within the said county of Elizabeth City: −−− And to appoint keepers of such pound or pounds, so to be erected, and settle their fees, and the rates for impounding, keeping, and maintaining the beasts impounded, under such regulations as to them, from time to time, shall seem proper. | Pounds may be erected in Elizabeth City. | |
| III. And be it further enacted, by the authority aforesaid, That after the pound or pounds aforesaid, shall be erected, it shall and may be lawful for the inhabitants of the said county of Elizabeth City, to take up and secure any horses, cattle, sheep, goats, or hogs, which shall break into, or be found within their pastures, corn-fields, lawfully fenced; or other lawful inclosures, in the said county: And upon complaint made by the party injured, before any justice of the peace for that county, the said justice is hereby required to issue his order, to three honest freeholders of the neighbourhood, no ways related to the party injured, nor interested concerning the trespass, reciting the complaint, and requiring them to view the fence where the trespass is complained of, and to enquire into |
| and value the damages, and the beast or beasts committing the same; and to make report thereof to him: And if it shall thereby appear, that the fence or inclosure was lawful, the justice shall direct such beast or beasts to be impounded, 'til the owner or owners shall satisfy to the party injured, his damages sustained, and valued as aforesaid; and shall pay the pound fees. And if the owner or owners of any beast or beasts, so impounded, shall neglect or refuse to pay the damages, and pound fees, it shall and may be lawful to and for the keeper of the pound, and he is hereby required, as soon as the damages, together with the pound fees, shall amount to the appraised value, to make public sale of such beasts or beasts, to the highest bidder, after giving at least three days notice of the time and place of the sale, at every church and chapel in the county, on a Sunday; and to apply the money arising from the sale, for and in discharge of the pound fees, and afterwards for and towards satisfying the party injured, his or her damages; and the residue, if any, shall be restored to the owner. | ||
| IV. Provided always, That if the owner or owners shall, at any time before the sale, give bond, with one or more sufficient security or securities, to the keeper of the pound, for the paiment of the damages, and pound fees, within three months after the date thereof, his, her, or their beast or beasts shall be restored. | ||
| V. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force, two years, and no longer. | ||
| CHAP. XVIII. | ||
| ||
| I. WHEREAS, by the act of Assembly, made in the twelfth year of his majesty's reign, for erecting two new counties and parishes; and granting certain encouragements to the inhabitants thereof, the inhabitants of the new counties called Frederick and Augusta, which still remain part of the county of Orange, are exempted from the paiment of all public levies | Preamble. |
| for ten years, from the passing of the said act; and no allowance is to be made to any person, for killing wolves, within the limits of the said two new counties. And whereas the inhabitants of Augusta county, have made humble suit to this Assembly, to have a tax of two shillings a year, levied on every tithable person in that county, to be received by certain trustees, and applied in hiring persons to destroy wolves, and for other public uses: | |
| 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 county court of Orange, shall yearly divide the said county of Augusta, into precincts; and appoint proper persons to take the lists of tithables therein: And the masters and mistresses of families, or, in case of their absence or non-residence, his or her overseer, shall give in lists of their tithables, in such manner, and according to such rules, and under such penalties and forfeitures, as are mentioned, appointed, and inflicted, by the laws now in force, concerning tithables. And that the two shillings yearly, during the residue of the said ten years, be paid by every tithable person within the said county of Augusta, to James Patton, John Christian, and John Buchannan, or such persons as shall be by them appointed to receive the sames; [same;] and for whom they shall be answerable. And that in case any person or persons, from whom the said tax shall be due and owing, shall neglect or refuse to pay the same, it shall be and may be lawful, to and for the said James Patton, John Christian, and John Buchannan, or the persons by them appointed, after the tenth day of April, in every year, to levy the said tax, by distress and sale, of the delinquent's goods, in the same manner as for non-paiment of the public and county levies, in this colony. | Certain taxes laid, in the county of Augusta, for specified objects. |
| III. And be it further enacted, by the authority aforesaid, That the said James Patton, John Christian, and John Buchannan, shall lay out and apply the money received as aforesaid, in hiring persons to kill and destroy wolves, and relieving the poor, in that county, and towards building bridges, and clearing roads, for the common use and benefit of the inhabitants thereof, in such manner, and proportions, as shall be directed and appointed by the court martial, to be held for |
| the said county, in the month of September, in every year, at such place as shall be appointed by the chief commanding officer present at the general muster; and shall then account to the said court, for all monies by them received and paid, as aforesaid, without any fee or reward, for any of the before mentioned services: And that in case of the death, or refusal to act, of any or either of the said James Patton, John Christian, or John Buchannan, or their successors, the said court martial shall appoint such other person or persons as they shall think fit, in the room of him or them so dying or refusing to act, to collect the said tax; Which person or persons so appointed, shall, in all respects, have the same powers and authorities, as are granted by this act to the said James Patton, John Christian, and John Buchannan. | ||
| IV. Provided always, That if the governor, with the advice and consent of the council, for the time being, shall, before the expiration of the said ten years, think fit to erect a court, for the said county of Augusta; that then, and as soon as the said court shall be erected, this act shall cease, and be determined. | ||
| CHAP. XIX. | ||
| ||
| 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: To wit, on Potomack river, from the land of Ebenezer Floyd, in the county of Fairfax, across the river, to Powel's landing, in Maryland; the price for a man, six pence, and for a horse six pence. On Rappahanock river, from the land of William Thornton, gentleman, in the county of King George, across the river, to the wharf at the public lot, in the town of Fredericksburg, in the county of Spotsylvania; the price for a man, three pence, and for a horse, three pence. On Pamunkey, from the | New ferries appointed and their rates settled. |
| land of Richard Littlepage, across the river, to the land of Thomas Clayborne, now in the tenure of the reverend Daniel Taylor; the price for a man, six pence, for a horse, six pence. On James river, from Mulberry-Island point, in the county of Warwick, across the river to Cockett's, in the county of Isle of Wight; and from Cockett's to Mulbery-Island Point, aforesaid; the price for a man, one shilling and three pence, for a horse, one shilling and three pence. From a gut on the land of Richard Moseby, on the south side of the river, in Goochland county, across the river, on the land of Mr. Tarlton Flemming, opposite to the said Moseby's landing; the price for a man, three pence, and for a horse, three pence. From the land of Tucker Woodson, in the county of Goochland, across the river, to the land of Paul Micheaux, near the court-house,, the price for a man, three pence, and for a horse, three pence. From the land of Bennit Goode, across the river, to the land of Colonel John Flemming, in Goochland county; the price for a man, three pence, and for a horse, three pence. And, on Fluvanna river, from the land of James Fenly, across the river, to the land of William Cabell; the price for a man, three pence, and for a horse, three pence. | |
| II. And 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 any 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 of such wheel carriages, the following rates, to wit, for every coach, chariot, or waggon, and the driver thereof, the same as for the carriage of six horses: 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 chaise, or chair, the same as for the ferriage of two horses, according to the rates herein before settled, at such ferries respectively, and no more. And that for 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 carriages. Licenses. |
| for and in respect of the keepers of public ferries, heretofore settled and appointed. | ||
| III. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, the name of the public ferry over Chickahomony river, from Goodall's to Williams's or Drummond's neck, be altered: And that the said ferry be appointed from Goodall's to Hamner's point, or Williams's, at the rates already settled by law. And where any ferry now is, or shall hereafter be appointed, by act of the General Assembly, on one side of the river only; it shall and may be lawful, for the court of the county on the other side, to appoint an opposite ferry; and to order and allow the prices directed by such act. | County courts may appoint opposite ferries. | |
| CHAP. XX. | ||
| ||
| I. FORASMUCH as it hath been represented to this Assembly, that the honourable William Byrd, Esquire, hath lately laid out a parcel of his lands, at the falls of James river, in the county of Henrico, in lots, and streets, for a town, by the name of Richmond, and made sale of most of the said lots, to divers persons, who have since settled and built thereon, and that the said William Byrd intends speedily to lay out other part of his adjacent lands, into lots, and streets, to be added to and made part of the said town; and is willing that part of his lands, situate between the said town, and Shoccoe's creek, and the river, shall remain and be, as and for a common, for the use of the inhabitants of the said town, for ever. And also, that the said town lies very convenient for trade and navigation, being at the uppermost landing upon the river, where the public warehouses are built: But, because the same as not laid out and erected into a town, by act of Assembly, the freeholders and inhabitants thereof will not be entitled to the like privileges enjoied by the freeholders and inhabitants of other towns in this colony: | 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 the said piece or parcel of land, lately belonging, or now belonging, to the said William Byrd, esquire; lying and being at the falls of James river, on the north side of the said river, in the county of Henrico aforesaid, be and is hereby constituted, appointed, erected, and established, a town, in the manner it is already laid out, or shall be laid out, by the said William Byrd, in lots, and streets, to be called by and retain the name of Richmond: And that the freeholders of the said town, shall, forever hereafter, enjoy the same rights and privileges, which the freeholders of other towns erected by act of Assembly, in this colony, have and enjoy. And that the said William Byrd, and his heirs, stand seized in fee-simple, of the lands lying and being between the present southern bounds of the said town, and the river, bounded to the eastward by a line, to be run a strait course, from the present extreme bounds of the said town to strike the river; and on the westward, by a line, to be run from the end of the present westward street, beyond the lot numbered [1] a straight course, to strike Shoccoe's creek, thence down the said creek to the River, and then by the river: to remain and be, as and for a common, for the use and benefit of the inhabitants of the said town, for ever. | Richmond established. Commons. |
| III. And whereas allowing fairs to be kept in the said town of Richmond, will be very commodious to the inhabitants of that part of this colony, Be it further enacted, by the authority aforesaid, For the future, two fairs shall and may be annually kept and held, in the said town of Richmond, on the second Thursday in May, and the second Thursday in November, in every year; each to continue for the space of two days, for the sale and vending of all manner of cattle, victuals, provisions, Goods, wares and merchandises whatsoever: On which fair days, and on two days next before, and two days next after each of the said fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares, and merchandizes, shall be exempt and privileged from all arrests, attachments, and executions, whatsoever, except for capital offences, breaches of the peace, or for any controversies, suits, and quarrels, that may arise and happen, | Fairs. |
| during the said time; in which cases process may be immediately issued, and proceedings thereupon had, in the same manner as if this act had never been made: Any thing herein before contained, or any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | |
| IV. Providing always, That nothing herein contained, shall be construed, deemed, or taken, to derogate from, alter, or infringe the roial power and prerogative, of his majesty, his heirs, or successors, of granting to any person or persons, body corporate or politick, the privilege of holding fairs or markets, in such manner, as he or they, by his or their roial letters patent, or by his or their instructions to the governor, or commander in chief, of this dominion, for the time being, shall think fit. | |
| V. And be it further enacted, by the authority aforesaid, That this act, as to so much thereof as relates to holding fairs in the said town of Richmond, shall continue and be in force four years, from the passing thereof, and from thence to the end o the next session of assembly; and no longer. | |
| CHAP. XXI. An Act, for erecting a town at Bray's church, in the county of King George. | |
| I. FORASMUCH as it hath been represented unto this General Assembly, that great numbers of people, have, of late, settled themselves at, and near a place, called Bray's church, on the north side of Rappahannock river, in the county of King George, where the church and public warehouses are built; which place is healthful, commodious, and convenient, for traders to cohabit in, and to bring their goods to: And that in case a town was laid out there, trade and navigation would be greatly encouraged and increased: | 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 within six months after the passing of this act, sixty five acres of land, lying and being at the place aforesaid, shall be surveied, and laid out, by the surveior | Leeds established. |
| of the said county of King George, to include the church and warehouses aforesaid; and shall be vested in Thomas Lee, Esquire, Charles Carter, Thomas Turner, Daniel M'Carty, Harry Turner, Maximilian Robinson, and Nicholas Smith, gentlemen, and their successors, in trust, for the several purposes herein after mentioned. And the said Thomas Lee, Esquire, Charles Carter, Thomas Turner, Daniel M'Carty, Harry Turner, Maximilian Robinson, and Nicholas Smith, gentlemen are hereby constituted directors and trustees, for designing, building, carrying on, and mantaining a town, on the said land; and they, or any four of them, shall have power to meet, as often as they shall think necessary; and shall lay out the said sixty five acres of land, in lots, and streets, not exceeding half an acre in each lot; and also to set apart such land for the church and church-yard, at the place where it is now built, and for a market place, and public quay, and to appoint such places upon the river, for public landings, as they shall think most convenient; and, if the same shall be necessary, shall direct the making of wharfs and cranes, at such public landings, for the public use. And when the said town shall be so laid out, the said directors and trustees shall have full power and authority to sell the said lots, by public sale or auction, from time to time, to the highest bidder; so as no person shall have more than two lots: And when such lots shall be sold, any two of the trustees shall and may, upon paiment of the purchase money, by some sufficient conveiance or conveiances, convey the fee simple estate of such lot or lots, to the purchaser or purchasers; and he or they, or his or their heirs or assigns, respectively, shall and may thereafter peaceably and quietly have, hold, possess and enjoy the same, freed and discharged of and from all the right, title, estate, claim, interest, and demand, whatsoever, which any person or persons now hath, or shall have, within six months after the making of this act, and his, her, or their heirs and assigns, respectively, and of all other persons whatsoever, claiming under him, her, or them. | |
| III. And be it further enacted, by the authority aforesaid, That the grantee or grantees of such lot or lots, so to be coveied [conveied] and sold, in the said town, shall, within two years after the date of the conveiance |
| for the same, erect, build, and finish, on each lot so conveied, one house, of brick, stone, or wood, well framed, of the dimensions of twenty foot square, and nine foot pitched at the least; or proportionable thereto, if such grantee shall have two lots contiguous; every chimney in the said town to be built of brick or stone. And the said directors shall have full power and authority to establish such rules and orders for the more regular placing the said houses, as to them shall seem fit, from time to time. And if the owner of any lot, shall fail to pursue and comply with the directions herein prescribed, for the building and finishing one or more house or houses thereon, then such lot upon which such house shall not be so built, and finished, shall be re-vested in the said trustees; and shall and may be sold and conveied to any other person or persons whatsoever, in the manner before directed; and shall re-vest and be again sold, as often as the owner or owners shall fail to perform, obey, and fulfil the directions aforesaid. And if the inhabitants of the said town, shall fail to obey and pursue the rules and orders of the said directors, in repairing and amending the streets, landings, and public wharfs, they shall be liable to the same penalties as are inflicted for not repairing the highways in this colony. | |
| IV. And, for continuing the succession of the said trustees and directors, until the same shall be incorporated, Be it further enacted, That in case of the death of any of the said directors, or of their refusal to act, the surviving, or other directors, or the major part of them, shall assemble, and are hereby impowered, from time to time, by instrument in writing, under their respective hands and seals, to nominate some other person or persons, being an inhabitant or freeholder of the said town, in the place of him so dying or refusing; which new director or directors, so nominated and appointed, shall from thenceforth, have the like power and authority, in all things relating to the matters herein contained, as if he or they had been expressly named and appointed in and by this act. And every such instrument, and nomination, shall, from time to time, be entered and registred in the books of the said directors. | |
| V. And whereas the said sixty five acres of land, do belong to Elias Yates, Daniel White, Jonathan Sydenham, |
| Clapham Richardson, Mary Fishpool, and Anne Edmonds, Be it enacted, by the authority aforesaid, That the said trustees and directors shall pay, or cause to be paid, unto the said Elias Yates, Daniel White, Jonathan Sydenham, Clapham Richardson, Mary Fishpool, and Anne Edmonds, out of the money raised by the sale of the said lots, as soon as the same shall be by them received, after the rate of five pounds, for every acre of the said sixty five acres of land, according to the right of the said proprietors, respectively. And the said trustees and directors shall moreover, lay out and assign unto the said Elias Yates two lots; unto the said Jonathan Sydenham two lots, to include his dwelling house and improvements; unto the said Clapham Richardson six lots, to include the dwelling house and improvements, which William Annandale now holds by lease under the said Clapham; unto the said Mary Fishpool, four lots, to include here dwelling house and improvements; and unto the said Anne Edmonds, one lot, to include the public warehouses. And they shall respectively, remain seised of such lots, of the same estate whereof they are now seised. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to entitle the proprietors to receive any money for the lots of land reserved to them by this act. | |
| VI. And be it further enacted, by the authority aforesaid, That after the said lots shall be so laid out and disposed of, as aforesaid, the said directors, or any four of them, shall have full power and authority, to apply all the overplus money, which shall be raised by the sale of the said lots, for such public use, for the common benefit of the inhabitants of the said town, as to them shall seem best. | |
| VII. Provided, That if the said trustees and directors shall not, within twelve months after the said sixty-five acres of land shall be surveied and laid out, in the place before mentioned, fully satisfy and pay, or in case of refusal, tender to the proprietor or proprietors of the said sixty five acres of land, the money directed to be paid to him, her, or them, respectively, the said land shall be revested in the said proprietor or proprietors, respectively; and he, she, or they, shall remain and continue seised thereof, as if this act had never been made. |
| VIII. And be it further enacted, by the authority aforesaid, That the said town shall be called by the name of Leeds. And this act shall be adjudged, held, and taken to be a public act. | Name of the town. | |
| CHAP. XXII. | ||
| ||
| I. WHEREAS, by an act of the General Assembly; made in the first year of his present majesty's reign, intituled, an act for erecting a town in each of the counties of Spotsylvania and King George, fifty acres of land, parcel of a tract belonging to John Royston, and Robert Buckner, of the county of Glocester, lying on the south side of the river Rappahanock, in the county of Spotsylvania, were directed to be surveied and laid out, taking in the whole breadth of the said tract of land, upon the river, by the surveior of the said county, for a town, to be called by the name of Fredericksburg; and were vested in certain trustees therein named, to be laid out in lots and streets, and sold; and for other purposes therein mentioned: And the said trustees were to pay the said John Royston, and Robert Buckner, out of the money arising from the sale, after the rate of forty shillings for every acre of the said fifty acres of land: And all the over-plus money, which should be raised by the sale, was to be applied to public uses, for the benefit of the inhabitants of the said town. | Preamble. | |
| II. And whereas, after the passing of the said act, George Home, then surveior of the said county of Spotsylvania, did survey and lay out fifty acres of land, for the said town of Fredericksburg, and divided the same into lots and streets, and return a plan thereof to the trustees, who made sale of the said lots, according to the said plan: But the original bounds not being kept up, and purchasers building irregularly, the said trustees did, on the eighteenth day of March, one thousand seven hundred and thirty nine, cause the |
| bounds of the said town to be re-surveied by William Waller, the present surveior of the said county; by which survey, it appears that the bounds of the said town, as the same were laid out by the said Home, contain fifty acres and one third of an acre of land, and include two hundred and forty three square poles of land, lately belonging to Henry Willis, of the said county of Spotsylvania, gentleman, deceased, at the lower end of the town, and two hundred and twenty square poles, of the land of John Lewis, gentleman, formerly belonging to Mr. Francis Thornton, of King George county, at the upper end of the town, which have been laid out into lots and streets, and sold by the trustees, by a mistake, the bounds of the lands of the said Henry Willis, and Francis Thornton, not being truly known, when the bounds of the town were first laid out, their lands were included, as aforesaid, instead of so much of the lands of the said Royston and Buckner, at the back part of the town; which mistake was not discovered till the re-survey. | |
| III. And whereas the said Henry Willis, in his lifetime, did purchase of the said Robert Buckner, his part of the tract aforesaid, parcel whereof adjoining to the town, hath been lately laid out into lots and streets, and sold at a very considerable value. And whereas, it will be a manifest prejudice to the purchasers of the said lots claimed by the said John Lewis, and the executors of the said Henry Willis, (to whom his lands are devised for paiment of his debts,) to have their lots taken from them after they have built and made improvements thereon; and many law suits are likely to arise between the said John Lewis, the said executors, the purchasers, and the trustees of the said town, concerning the same; which must be attended with great expence: To prevent which, the said trustees are willing to pay the said John Lewis, and the executors of the said Henry Willis, a reasonable consideration for the lands included, by mistake, as aforesaid. −−− Therefore, removing all doubts and controversies, | |
| IV. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the bounds of the said town of Fredericksburg, as the same were laid out by William Waller, surveior of the said county, the eighteenth day of March, one | Boundaries of Fredericksburg established. |
| thousand seven hundred and thirty nine, be established and held firm and stable, for ever: And that all the lands lately belonging to Henry Willis, gentleman, deceased, and the lands which the said John Lewis purchased of Francis Thornton, included within the said bounds, as aforesaid, shall for ever hereafter, be construed, deemed, and taken, to be part and parcel of the said town of Fredericksburg: and shall be vested in the feoffees and trustees of the said town, and those persons who have purchased under them, in fee simple accordingly, in as full and ample manner, to all intents and purposes, as if the same had been vested in the said trustees, by the before mentioned act. | |
| V. Provided always, That the said trustees do, and shall, before the twenty fifth day of December next, pay, or cause to be paid, to the executors of the said Henry Willis, deceased, five pounds; and to the said John Lewis, his Executors or administrators, the sum of fifteen pounds; which is hereby declared to be in full satisfaction for all right or title which they the said Henry Willis, deceased, in his life-time had, or which his executors the said John Lewis, or Francis Thornton, every, or any of them, may have, or pretend to claim, in or to the said premises, or any part thereof. |
| Pages 160-181
| Pages 199-219
|