Pages 181-199 
|  Pages 220-237
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| Pages 181-199
| Pages 220-237
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| CHAP. XXIII. An Act, for erecting a town at Constance's warehouse, in the county of Nansemond. | |
| I. FORASMUCH, as it hath been represented unto this General Assembly, that great numbers of people have lately settled themselves at and near a place called Constance's warehouse, on the east side of Nansemond river, in the county of Nansemond, where the public warehouses are built; which place is healthful, commodious, and convenient, for traders to cohabit in, and 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 | Suffolk established. |
| within eight months after the passing of this act, fifty acres of land, parcel of a tract of land, belonging to Jethro Sumner, of the said county, gentleman, lying and being at the place aforesaid, be laid out, from the river, between two creeks or guts, one below the warehouse, and the other above, by the surveior of the said county of Nansemond, to include the warehouses aforesaid; and shall be vested in Lemuel Reddick, William Baker, William Wright, Edward Wright, John Gregory, Mills Reddick, and Edward Norfleet, gentlemen, and their successors, in trust, for the several purposes herein after mentioned. And the said Lemuel Reddick, William Baker, William Wright, Edward Wright, John Gregory, Mills Reddick, and Edward Norfleet, gentlemen, are hereby constituted directors and trustees, for designing, building, carrying on, and maintaining 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 fifty acres of land into lots and streets, not exceeding half an acre in each lot; and also to set apart such land 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 landing, 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: 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, of the said Jethro Sumner, his heirs and assigns, and of all other persons whatsoever, claiming under him 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 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 of wood, well framed, of the dimensions of twenty feet long, sixteen feet wide, and eight feet pith, at the least; or proportionable thereto, if such grantee shall have two lots contiguous. 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 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 said town shall be incorporated, Be it further enacted, That in case of the death of any of the said directors, or 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 be it further enacted, by the authority aforesaid, That the said trustees and directors shall satisfy |
| and pay unto the said Jethro Sumner, out of the money arising by the sale of the said lots, three pounds for every acre of the said fifty acres of land vested in them, except the lots hereafter mentioned, to be laid off for the use of the said Sumner; and moreover, shall assign unto him four lots, to include the public warehouses, and so many other lots as will include his houses now built on the said fifty acres of land; whereof he shall remain seised of the same estate, as he now hath therein. And the said town shall be called by the name of Suffolk. | Name of the town. | |
| VI. Provided nevertheless, That if the said directors shall not, within twelve months after the said fifty acres of land shall be surveied and laid out at the place aforesaid, fully satisfy, and pay, or in case of refusal to receive the same, tender to the proprietor of the said fifty acres of land, the money by this act directed to be paid to him, the lands and premises before-mentioned, shall be revested in the said proprietor; and he shall remain and continue seised thereof, as if this act had never been made. | ||
| VII. And be it further enacted, by the authority aforesaid, That after the said lots shall be laid out, and disposed, as aforesaid, the said directors or any four of them, shall have full power and authority, to apply the overplus money, which shall be raised by the said lots, to such public use, for the common benefit of the inhabitants of the said town, as to them shall seem best. And this act shall be adjudged, held, and taken, to be a General Act. | ||
| CHAP. XXIV. | ||
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| I. WHEREAS the act of assembly, made in the twelfth year of his present majesty's reign, intituled, an act, for allowing fairs to be kept in the town of Fredericksburg; which hath been altered by one other act, made in the thirteenth year of his said majesty's reign, intituled, an act for appointing several | Act allowing fairs to be kept in the town of Fredericksburg, continued. |
| new ferries; and for altering the days for holding fairs in the town of Fredericksburg; will expire at the end of this present session of Assembly: And the same hath been found, in a great measure to answer the ends proposed by the said act, in increasing the trade of the said town: | |
| 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 said act intituled, an act, for allowing fairs to be kept in the town of Fredericksburg; together with so much of the other said act, made in the thirteenth year of his said majesty's reign, as relates to the holding the fairs, shall continue and be in force, from and after the end of this present General Assembly, for an during the term of four years, and from thence to the end of the next session of Assembly. | |
| CHAP. XXV. An Act, for destroying Crows and Squirrels, on the Eastern Shore. | |
| I. WHEREAS, crows and squirrels do great damage to the crops of corn on the Eastern Shore. For the preventing of the like damage hereafter, | |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, every person dwelling on the Eastern-Shore, who is by law obliged to give a list of the tithables in his or her family, shall, annually, before the time appointed for returning such list to the county court, produce to the justice of peace, who shall be appointed to take lists of tithables in the precinct where such person shall dwell, four crows heads, or squirrels scalps, for every tithable by him or her listed that year: And every such justice shall forthwith cause such scalps and heads to be destroyed, to prevent their being produced a second time; and shall, in a distinct column, to be for that purpose made, in the said list, enter the number of such heads and scalps in a line, with the name of the | Crows and squirrels, how destroyed on the eastern shore. |
| person producing the same. And the court of every county on the Eastern-Shore shall, annually, at the laying of the county levy, give the county credit in one article, for two pounds of tobacco, for every head or scalp, wanting to make up the full number required by this act. And the sheriff or collector of the said county is hereby impowered and required to demand and receive of the delinquents, or levy by distress, the said two pounds of tobacco, for each head or scalp so wanting, to make up the said number of four heads for every tithable, as aforesaid, on every person, respectively, who shall have failed to produce the same, according to the direction of this act: To be applied towards the discharge of the said county debt, in the manner herein directed. | ||
| IV. And be it further enacted by the authority aforesaid, That this act shall continue and be in force four years, from the passing thereof, and from thence to the end of the next session of Assembly, and no longer. | ||
| CHAP. XXVI. | ||
| ||
| I. WHEREAS, his late majesty king George the first, of blessed memory, by his roial charter, bearing date, under the seal of this colony, the twenty eighth day of July, in the eighth year of his reign, was graciously pleased to grant to the inhabitants of Williamsburg, that the same should be a city incorporate, consisting of a maior, recorder, six aldermen, and twelve common-council men: And was further pleased (among other things) to grant to the said maior, Recorder Aldermen, and common council of the said city, and to their successors, for ever; and to all freeholders of the said city, owning one whole lot of land, with an house built thereon, according to the law; and to all persons actually residing and inhabiting within the said city, having a visible estate of fifty pounds current money, at the least; and to all persons who should serve five years to any trade within the | Preamble. |
| said city, and should, after the expiration of their time, be actually house-keepers and inhabitants of the said city, full power and authority to name, elect, and send one citizen, qualified, as therein is mentioned, to be present, sit, and vote, in the house of Burgesses of this colony. And was also pleased to grant, that the said maior, recorder, and aldermen, should hold a court of Hustings, once in every month, within the said city: the jurisdiction of which said court hath been enlarged by two acts of Assembly, made since the granting of the said charter; but the same is not yet extensive enough, for keeping order and good government within the said city: And some doubts and controversies having lately arisen, concerning the construction of the said charter, particularly with respect to the qualifications of persons, entitled by the said charter, to vote at the election of a citizen for the said city. For settling the said doubts and controversies, and enlarging the jurisdiction of the said court of Hustings, | |
| 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; and the true intent and meaning of the said charter is hereby declared to be, That no person shall vote at the election of a citizen for the said city, in right of any freehold, unless he has an estate of freehold in one whole lot of land within the said city; and that there be standing upon the said lot, a house of such dimensions as is required by law, for saving such lot, in tenantable repair, at the time of giving such vote. And where two or more are seised of any estate of freehold within the said city, as joint tenants, tenants in common or co-partners, no more than one vote shall be given, or allowed, in right of such freehold, and that only in case all the parties interested, can agree; otherwise no vote shall be allowed to be given, for any such freehold, and that only in case all the parties interested, can agree; otherwise no vote shall be allowed to be given, for any such freehold. And that no person shall be entitled to vote at such election, as an inhabitant or resident within the said city, unless he has actually resided there twelve months, next before the time of giving his vote. And that no person whatsoever, being a servant by indenture, covenant, or otherwise, shall be allowed to give any vote at such election, in right, or on account of his being an inhabitant or resident within the said city. And that no person shall be entitled to vote at such election, | Charter of Williamsburg explained. |
| in right, or on account of his having served five years in the said city, unless he shall have actually served as an apprentice to some trade within the said city, for the term of five years, and shall have obtained a certificate thereof from the court of hustings within the said city, under the common seal of the city; and is also an inhabitant and house keeper within the said city, at the time of giving his vote. | |
| III. And be it further enacted, That every person claiming a right to vote as a freeholder, before he is admitted to pole at the election of a citizen for the said city, shall, if required by any candidate, or other person entitled to vote at such election, take the following oath; or being one of the people called quakers, shall declare the effect of the same, upon his affirmation: That is to say, "You shall swear, that you have a sole estate of freehold in joint tenancy, tenancy in common, or co-partnery with in one whole lot of land, within the city of Williamsburg, and that there is a house now standing thereon, of such dimentsions as is required by law, for saving the said lot, in tenantable repair; and that the same hath not been granted to you fraudulently, on purpose to qualify you to give your vote at this election." And every person claiming a right to vote, as resident and inhabitant within the said city, shall, if required, as aforesaid, take the following oath; or being a quaker, declare the effect of the same, upon his affirmation: That is to say, "You shall swear, that you are, and have been, for twelve months last past a resident and inhabitant within the city of Williamsburg; and that you have a visible estate of the value of fifty pounds current money, at the least; and that the same, or any part thereof, hath not been given or conveied to you fraudulently, on purpose to qualify you to give your vote at this election." | |
| IV. And be it further enacted and declared, That no person shall be qualified to be elected one of the common council men of the said city, until he has actually resided there twelve months, at the least: And such residence shall be deemed a sufficient qualification, although he be no freeholder. And that the writ for electing a citizen for the said city, shall be directed to the maior of the said city, for the time being as has |
| been used heretofore: And the said maior is hereby declared to be the returning officer. And that the recorder of the said city, for the time being, shall, in his absence from the said city, have full power and authority to exercise the said office, by his sufficient deputy to be appointed by him, by writing, under his hand and seal, so as such deputy be approved by the court of the maior, aldermen, and common-council men of the said city, or the major part of them. | |
| V. And be it further enacted, That the court of hustings within the said city, shall from henceforth have the sole power of granting licenses to ordinary keepers within the said city: And that the courts of the counties of York, and James City, shall not exercise any jurisdiction in that matter, as hath been formerly done. | |
| VI. Provided always, That such licenses be granted, in the manner directed by one act of Assembly, made in the fourth year of the reign of her late majesty, queen Anne, intituled, an act for regulating ordinaries, and restraint of tippling houses. And the justices of the said court of Hustings shall have the same powers and authorities, both as to granting licenses, and regulating and suppressing ordinaries, as the justices of any county court within this colony have or may exercise, by virtue of the same, or any other act of Assembly. | |
| CHAP. XXVII. An Act, for dividing the county of Prince William. | |
| I. FOR the greater ease and convenience of the inhabitants of the county of Prince William, in attending courts, and other public meetings, 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 immediately after the first day of December now next ensuing, the said county of Prince William be divided into two counties: That is to say, all that part thereof, lying on the south side of Occoquan, and Bull Run; and from the head of the main branch of Bull Run, by a straight course to the Thorough-fare of the Blue | Prince William county divided. |
| Ridge of mountains, known by the name of Ashby's Gap, or Bent, shall be one distinct county, and retain the name of Prince William county: And be one distinct parish, and retain the name of Hamilton parish. And all that other part thereof, consisting of the parish of Truro, shall be one other distinct county, and called and known by the name of Fairfax county. And that, for the due administration of justice, after the said first day of December, a court for the said county of Prince William, be constantly held, by the justices thereof, upon the fourth Monday: And a court for the said county of Fairfax, be constantly held, by the justices of that county, upon the third Thursday in every month, in such manner, as by the laws of this colony is provided, and shall be by their commissions directed. | Fairfax county formed. |
| II. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, or collector of the said county of Prince William, as the same now stands entire and undivided, to make distress for any levies, fees, or any dues, which shall be due from the said county of Fairfax, after the said first day of December, in such manner, and not otherwise, as by law he might have done if this act had never been made; any law, custom, or usage, to the contrary hereof, notwithstanding. | |
| CHAP. XXVIII. An Act, for dividing the county of Hanover; and erecting the upper part thereof, into a distinct county. | |
| I. WHEREAS, many inconveniences attend the upper inhabitants of the county of Hanover, by reason of their great distance from the court-house, and other places appointed for public meetings, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and immediately after the first day of December next ensuing, all that tract of land now deemed to be part of the said county of Hanover, lying above a straight course to be run from the mouth of Little Rockey creek, on the river Northanna, south, twenty degrees west, | Hanover county divided. |
| until it intersects the line of Goochland county, be divided from the said county of Hanover, and be made a distinct county, to be called by the name of Louisa county: And that the inhabitants thereof be exempt from any dependence on the said county of Hanover. −−− And for the due administration of justice in the said county of Louisa, after the same shall take place, | Louisa county formed. | |
| II. Be it further enacted, by the authority aforesaid, That after the said first day of December, a court for the said county of Louisa, be constantly held by the justices thereof, upon the second Monday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed. | ||
| III. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, or collector of the said county of Hanover, as the same now stands entire and undivided, from collecting or making distress for any public dues, or officers fees, which shall remain unpaid by the inhabitants of the said county of Louisa, at the time of its taking place: But such sheriff, or collector shall have the same power to collect or distrain for the said dues and fees, and shall be answerable for them, in the same manner, as if this act had never been made; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XXIX. | ||
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| I. FORASMUCH, as it hath been represented to this Assembly, by the inhabitants of the town of Fredericksburg, in the county of Spotsylvania, that they are often in great and imminent danger of having their houses and effects burnt and consumed, by reason of many wooden chimnies in that said town, Be it therefore enacted, by the Lieutenant Governor, Council and Burgesses of this present General Assembly, and it is | Fredericksburg, regulations as to wooden chimnies, and hogs therein. |
| hereby enacted, by the authority of the same, That is shall not hereafter be lawful for any person whatsoever, to erect or build, or cause to be erected or built in the said town, any wooden chimney; neither shall it be lawful for any person whatsoever, after the expiration of three years after the passing of this act, to make use of any wooden chimney already erected in the said town: And that the owners or proprietors of all such wooden chimnies as now are in the said town, shall before the expiration of the time aforesaid, wholly destroy and disuse the same, or cause them to be pulled down; otherwise it shall be lawful for the sheriff of the said county of Spotsylvania, and he is hereby required, to cause all such wooden chimnies to be pulled down and demolished. And in like manner it shall be lawful for the said sherifs, and they are hereby required, to cause to be pulled down and demolished, all other wooden chimnies which shall be built or erected in the said town, in breach of this act. | |
| II. And whereas, it is represented to this Assembly, that great numbers of hogs are raised, and suffered to go at large in the said town of Fredericksburg, and the town of Urbanna, to the great prejudice of the inhabitants thereof: Be it further enacted by the authority aforesaid, That from and after the passing of this act, it shall not be lawful for any person or persons, owners of any swine, to suffer the same to run or go at large within the limits of the said towns; and if any swine shall be found running or going at large within the said limits, it shall be lawful for any person whatsoever, to kill and destroy every such swine so running at large. Provided always, That such person shall not convert any such swine to his or her own use; but shall leave the same in the place where it shall be killed, and give immediate notice to the owner thereof, if known; and if not then such person shall immediately inform the next justice of the peace thereof, who may order the same to the use of any poor person or persons he shall think fit. | Urbanna, hogs not to run at large therein. |
| III. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to forbid or hinder any person or persons from driving any swine to, or through the said towns, or the limits thereof, in order to sell the same; or in their removal from one plantation to another. |
| CHAP. XXX. | ||
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| I. WHEREAS, by reason of the large extent of the parish of Saint Martin, in the county of Hanover, the minister and inhabitants thereof, labour under great difficulties and inconveniences; For removal of which, for the future, Be it enacted, by the Lieutenant-Governor, Council, aad 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 next, the said parish of Saint Martin, shall be divided, by a line to be run from the mouth of Glady's Greek, on the south side of the river Northanna, a course of south, twenty degrees west, 'till it intersects the line of Goochland county: And all that part of the said parish, situate below the said line, to the eastward thereof, be erected into one distinct parish, and retain the name of Saint Martin; and all that other part thereof, situate above the said line, to the westward thereof, be erected into one other distinct parish, and called by the name of Fredericksville. | Parishes in Hanover, divided. St. Martin Fredericksville. | |
| II. And be it further enacted, by the authority aforesaid, That the present vestrymen of the said parish of Saint Martin, and that shall continue so to be until the division shall take place, shall be vestrymen of the said parishes of Saint Martin, and Fredericksville, wherein they shall dwell, respectively. And for the compleating the number of vestrymen in the said parishes of Saint Martin, and Fredericksville, the freeholders and house keepers thereof, shall meet at some convenient time and place to be appointed, and publicly advertised by the sheriff of the said county of Hanover, before the fifteenth day of January next following; and then and there elect such and so many of the most able and discreet persons 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, for ever. | ||
| III. Provided always, That nothing herein contained shall be construed to hinder the collector of the said parish of Saint Martin, as the same now stands entire and undivided, from collecting or making distress for any parish levies, which shall remain unpaid by the inhabitants of the said parish of Fredericksville, at the time of its taking place: But such collector shall have the same power to collect and distrain for the said levies, and shall be answerable for them, in the same manner, as if this act had never been made; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XXXI. | ||
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| I. WHEREAS, by reason of the large extent of the parish of Bristol in the county of Prince George, the minister and inhabitants thereof, labour under many inconveniences: For removal of which, for the future, 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 September next, the said parish of Bristol shall be divided, by a line, to begin at Major James Munford's mill, on Appomattox river, and running thence a course parallel to the lower line of the said parish to Stony Creek; and thence down the said creek to Surry county, and all that part of the said parish, situate below the said line, be erected into one distinct parish, and retain the name of Bristol: And all the other part thereof, situate | Parish in Prince George divided.
Bristol. |
| above the said line, be erected into one other distinct parish, and called by the name of Bath. | |
| II. And be it further enacted, by the authority aforesaid, That the present vestrymen of the said parish of Bristol, that shall continue so to be until the division shall take place, shall be vestrymen of the said parishes of Bristol, and Bath, wherein they shall dwell, respectively: And for compleating the number of vestrymen in the said parishes, the freeholders and housekeepers thereof, shall meet at some convenient time and place to be appointed, and publicly advertised by the sheriff of the said county of Prince George, before the first day of October next following; and then and there elect such and so many of the most able and discreet persons 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, for ever. | Bath. |
| III. And be it further enacted, by the authority aforesaid, That the vestry of the said parish of Bristol shall in their next parish levy, after the division shall take place, raise and pay unto the vestry of the said parish of Bath, fifteen pounds of tobacco, free from deduction, for every tithable that shall remain in the said parish of Bristol, after the division shall take place: To be applied towards lessening the levy in that parish, by the poll, and to be in full of all demands, for building of churches, purchasing a glebe, or otherwise, which the said parish of Bath might have against the said parish of Bristol. | |
| IV. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, or collector of the said parish of Bristol, as the same now stands |
| undivided, to collect or make distress for any levies or other dues, which shall be due from the inhabitants of the said parish of Bath, after the same shall take place, in the same manner as by law they might have done, if this act had never been made; any thing herein contained, or any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XXXII. | ||
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| I. WHEREAS, William Banks, late of the parish of St. Stephen, and county of King and Queen, was, in his life time, seised in fee simple of, and in twelve hundred acres of land, with the appurtenances, situate, lying, and being in the parish and county aforesaid: And by his last will and testament, in writing, bearing date the tenth day of November, in the year of our lord, one thousand seven hundred and nine, devised the same by the name and description of his house, and dividend of land, whereon he then lived, to his son Ralph, conditionally, that he should no way alienate, or transfer the same, to any other use, than to the use or uses that should be by him the said testator, therein declared, and to his heirs of his body lawfully begotten, meaning his children present, or hereafter, to whom the right of inheritance of, in, and to the said lane, should descend and go, in case they, or any of them, survive him, as in, and by the said will, may more fully and at large appear. And sometime afterwards, the said William Banks died, so as aforesaid seised; after whose death, the said Ralph Banks entered into the said land, with the appurtenances, so as aforesaid devised, and was thereof seised in fee tail, and died, so seised, sometime in or about the year of our lord, one thousand seven hundred and thirty five; after whose death, the said twelve hundred acres of land, with the appurtenances, descended and came to William Banks, as heir of the body of the said Ralph Banks, his father; which said last mentioned William | Certain entailed lands vested in George Braxton. |
| Banks, lately bargained and sold four hundred and twenty acres, part thereof, to George Braxton, the younger, of the parish and county aforesaid, gentleman. | |
| II. And whereas, the said last mentioned William Banks, is seised, in fee simple, of, and in one water grist-mill, and three hundred and ninety four acres of land, with the appurtenances, in the parish of St. John, in the county of King William, which he is willing to settle to the same uses, as the before mentioned twelve hundred acres of land are settled, by the last will and testament of the first mentioned William Banks, his grandfather so as the fee simple estate of the said four hundred and twenty acres of land, with the appurtenances, may be confirmed to the said George Braxton. And forasmuch as the said water grist mill, and three hundred and ninety four acres of land, in the county of King William, are of greater value than the said four hundred and twenty acres; and notice has been published, three Sundays successively, in the church of the aforesaid parish of St Stephen, that the application would be made to this General Assembly, to vest the said four hundred and twenty acres, with the appurtenances, in the said George Braxton, in fee simple, upon settling the said water grist mill, and three hundred and ninety four acres of land, to the same uses as the said twelve hundred acres are settled, by the last will and testament of the said William Banks, pursuant to your majesty's instructions: | |
| III. May it therefore please your most excellent majesty, at the humble suit of the said William Banks, son of the said Ralph Banks, and George Braxton, the younger, that it may be enacted, and be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said four hundred and twenty acres of land, with the appurtenances, parcel of the said twelve hundred acres, so as aforesaid devised, by the last will and testament of the said first mentioned William Banks, be, and are hereby vested, in the said George Braxton, the younger, his heirs and assigns, to the only use and behoof of him the said George Braxton, his heirs and assigns for ever: And that the said water grist-mill, and three hundred and ninety four acres, with the appurtenances, in the said county of |
| King William, shall be, and are hereby vested, in the said William Banks, son of the said Ralph Banks, and the heirs of his body, lawfully begotten, for ever: And that he, and all and every person or persons whatsoever, who, by the last will and testament of the said William Banks, the testator, might have claimed the said four hundred and twenty acres of land, hereby vested in the said George Braxton, as aforesaid, shall, for ever hereafter, hold and enjoy the said water grist-mill, and three hundred and ninety four acres of land, in the said county of King William, with the appurtenances, successively, one after another, as they might have claimed and held the said four hundred and twenty acres, if this act had never been made. | ||
| IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the person or persons claiming the said four hundred and twenty acres of land, under the last will and testament of the said William Banks, the testator, all such right, title, estate, interest, claim, and demand, as they, every, or any of them should, or might have had, or claimed, if this act had never been made. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof, shall be obtained. | ||
| CHAP. XXXIII. | ||
| ||
| I. WHEREAS, Frances Greenhill, of the county of Prince George, late Frances Taylor, some time in the year of our Lord, one thousand seven hundred and sixteen, intermarried with one Joseph Greenhill; and at the time of such marriage, was seised in fee, of one tract or parcel of land, lying and being in the parish of Martin's-Brandon, in the county of Prince George, containing by estimation, nine hundred acres; and of one other parcel of land, lying and being in the | Frances Greenhill authorised to dispose of certain lands. |
| parish of Albemarle, in the county of Surry, containing by estimation, four hundred acres: And was also possessed of a personal estate, to the value of two hundred pounds, and upwards. | |
| II. And whereas, the said Joseph Greenhill, at the time of such marriage, was a person of no fortune, or circumstance; and in less than two years after the said marriage, left the said Frances, and departed out of this colony, having first spent and consumed great part of the personal estate brought him by the said Frances; and also contracted several debts, for satisfaction whereof, his creditors, after his departure, seised, and took in execution, the small remains left by him of the said personal estate; whereby the said Frances was reduced to the utmost misery and distress; and was obliged, for some time, to depend upon the charity and assistance of her friends, for her support. And the said Joseph Greenhill, about a year after his departure, wrote a letter to the said Frances, declaring that if she followed him, he would not receive her, or make any provision for her; and that he would never return to her, or look upon her as a [his] wife. | |
| III. And whereas the said Frances Greenhill, hath made humble suit, by petition, to this present General Assembly, setting forth the matters aforesaid; and that she had received no letter from the said Joseph Greenhill for these twenty years past, nor can arrive to any certain knowledge, whether he be living, or dead: And also, that since her husband's departure, she hath by her industry, and the assistance of her friends, been able to purchase a few slaves; and hath also acquired a small personal estate, tho' not sufficient to support her, in the decline of her life, so comfortably as she might be supported, if she could dispose of her lands: But that no purchaser will treat with her, on account of the incertainty, whether her said husband be living or dead: And further setting forth, that in her present unhappy situation, she is exposed to many injuries, by trespasses on her lands, and otherwise; and that she has no child. And having no great obligations of gratitude to her friends, who assisted her in her distress, she would be willing to give or leave the small estate she hath, or may have in possession, at her death, among them; which she is advised she cannot do, by |
| law, in case her husband should happen to be living, without an act of Assembly, to enable her so to do. | |
| IV. And whereas, public notice hath been given, at the parish church of Brandon aforesaid, three Sundays successively, that application would be made, by the said Frances Greenhill, to this present General Assembly, that an act may pass for the purposes aforesaid, pursuant to his majesty's instructions; and no person appearing to oppose the same, and it appearing reasonable and just to this present General Assembly, that inasmuch as the said Joseph Greenhill hath been absent so many years, and hath utterly neglected and refused to make any provision for the maintenance of the said Frances Greenhill, during all that time, that the said Frances should have power, notwithstanding her said husband should happen to be now living, to dispose of her own lands; and also, of such estate as she hath acquired by her own industry, since her said husband left her: | |
| V. May if please your most excellent majesty, at the humble suit of the said Frances Greenhill, that it may be enacted, and be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said Frances Greenhill shall and may, and she is hereby enabled, notwithstanding the said Joseph Greenhill, her husband, shall happen to be living, to grant, convey, sell, and dispose, either by deed, executed in her life time, or by her last will and testament, in writing, to any person or persons whatsoever, and for such estate and estates as she shall think fit, all, or any part of the lands, tenements, or hereditaments, whereof she now is, or hereafter shall be seised, in fee simple, and also to give, sell, and dispose of all or any part of the slaves, or personal estate whereof she now is, or hereafter shall be possessed, in the same manner as she might, or could dispose of the same, if the said Joseph Greenhill was naturally dead, and the said Frances Greenhill, was actually and really a feme sole. | |
| VI. And be it further enacted, by the authority aforesaid, That the said Frances Greenhill shall, and may, and she is hereby enabled, at all times hereafter, by the name of Frances Greenhill, to make contracts and agreements in her own name; and to sue, and be |
| sued, in all courts of judicature within this colony, as a feme sole may, or can by law, notwithstanding the said Joseph Greenhill shall happen to be living: And that none of the estate real or personal whereof the said Frances Greenhill now is, or hereafter shall be seised, or possessed, shall be subject or liable to the debts, controul, or disposition, of the said Joseph Greenhill, in case he be living; but that the same shall, for ever hereafter, remain, and be for the sole and separate use and behoof of the said Frances Greenhill, her heirs, executors or administrators, or such other person or persons, to whom she shall give, grant, convey, or devise the same, as aforesaid. Any law, statute, custom, or usage, to the contrary, notwithstanding. | |
| VII. Provided always, That in case the said Joseph Greenhill shall happen to be now living, and the said Frances shall survive him, that she, the said Frances, shall not claim, have or be entitled to any part or share of the estate of the said Joseph Greenhill, either real or personal; but that she, the said Frances, shall be and is hereby utterly excluded and barred from all dower and thirds, or other part or share of the estate of the said Joseph Greenhill, either real or personal: Any law, statute, usage, or custom, to the contrary, notwithstanding. | |
| VIII. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the person or persons claiming under the said Joseph Greenhill, all right, title, estate, interest, claim, and demand, as they, every, or any of them should, or might have had or claimed, if this act had never been made. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof, shall be obtained. |
| Pages 181-199
| Pages 220-237
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