| | |
|---|
| justice of the peace, upon complaint made to him by any person, that his debtor was
removing himself privately, or absconded and concealed himself, so that the ordinary process of
law could not be served against him, to grant an attachment against the estate of such debtor, or
for so much thereof as should be of value sufficient to satisfy the debt of the party praying
such attachment, returnable to the next county court; but sometimes, from a misconstruction of
the said clause, it was adjudged not to extend to any debts due or owing from any person or
persons, to the person so absconded or concealed; but that in such cases, bills in chancery
should be exhibited, for recovery of the same; which must necessarily be attended with great
expence and delay; and different opinions, at times had prevailed in many county courts of this
colony, touching the same: For prevention whereof, it is, by the first mentioned act, enacted,
That when any person shall obtain any attachment for debt, returnable as aforesaid, directed to
the sheriff, or other proper officer of the county, that it shall and may be lawful for such
sheriff, or other proper officer, to levy the same in the hands of any person or persons,
indebted to the person so absconding, to and for the use of the person complaining, as he might
or could have done on any other part of his estate; and the sheriff or other officer shall summon
such garnishee or garnishees, to appear at the next court to be held for the said county, there
to testify, on oath, what he or she is indebted unto such person, as in the said act more fully
is contained. And whereas, from the words of the said act, it hath been adjudged, that the said
attachments may be directed to and served by a constable; which opinion may introduce hardships
and losses, constables in this colony giving no security for the performance of their office, and
being commonly persons in low circumstances: for remedy whereof,
|
| 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 for the future, no attachment for debt, to be obtained and returned as aforesaid,
shall be directed to, or served, by any constable, where the debt shall be of the value of twenty
shillings sterling, or two hundred pounds of tobacco, or upwards; but the same shall be
|
Attachments by whom to be served.
|
| | |
|---|
| directed to, and served, by the sheriff, or his under-sheriff, unless in cases where the
sheriff is a party interested, and then the same shall be directed to and served by a coroner.
Any thing in the said act to the contrary, or seeming to the contrary, in any wise,
notwithstanding.
|
| III. Provided always, That nothing in this act contained,
shall be construed, deemed, or taken, to extend to attachments to be issued, pursuant to the
act, made in the tenth year of the reign of his present majesty
intituled, an act, for preventing persons, contracting small debts, to remove their
effects out of the county where they reside; and for allowing a lawyer's fee in some cases, upon
recoveries had upon petitions; nor to restrain any constable from executing or serving such
attachments.
|
Proviso.
|
| IV. Provided also, That where attachments have been served
by any constable, and suits upon such attachments are now depending before any court within this
colony, it shall be lawful for the said Court, to proceed and give judgment upon such
attachments, as if the same had been served by the sheriff.
|
Proviso.
|
|
| CHAP. XI.
|
| An
| Act, to amend an Act, intituled An Act, to prevent frivolous and vexatious suits;
and to regulate Attornies practising in the County Courts.
|
|
| I. WHEREAS in and by one act of Assembly, made at a General
Assembly, begun and held at the Capitol, the first day of February, in the first year of the
reign of our Sovereign Lord George the second; and from thence continued, by several
prorogations, to the sixteenth day of May, one thousand seven
hundred and thirty two, it is, amongst other things, enacted, That in all actions of assault
and battery, wherein the court, before whom the trial shall be, shall not be satisfied, and enter
upon record, that the battery was sufficiently proved, if the jury find under forty shillings,
the plaintiff shall not recover more costs than damages; and in case the jury shall find damages
to exceed that sum, that then, and in such case, full costs shall be awarded. And whereas many
vexatious
|
| | |
|---|
| and litigious actions have been brought, as well in the general court of this colony, as
in the several county courts; and altho' small damages have been given, yet, the battery being
proved, the plaintiff hath recovered full costs: For prevention whereof
|
| 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 publication of this act, in all actions of assault and
battery, and slander, commenced and prosecuted in the general court, if the jury find under the
sum of five pounds; and in the like actions commenced and prosecuted in the county courts, if the
jury find under forty shillings, the plaintiff in either case shall not recover any costs.
|
In assault and battery and slander, when plaintiff not to
recover costs.
|
| III. And be it further enacted, by the authority aforesaid,
That the said in part recited act, as to so much thereof as relates to any thing within the
purview of this act, be, and the same is hereby repealed, and made void.
|
| IV. And whereas a practice has of late been introduced, of taking
Bonds, commonly called judgment bonds, with condition, for the paiment of money, and a general
power to any attorney, to appear, and suffer judgment to pass against the obligor, in any court
of Record in this colony, in such manner as the attorney thinks proper, thereby ratifying the
same, and releasing all errors, either in the proceedings, or record of the judgment; which
practice must be attended with ill consequences, debtors having no previous notice of the time
and place of rendring such judgments, whereby they are deprived of an opportunity of making
discounts appear against the bond, and are first put to unnecessary law charges, and then obliged
to enter into expensive Chancery Suits for relief: For remedy whereof,
|
| V. Be it further enacted, by the authority aforesaid, That
from henceforth, all powers of attorney, for confessing or suffering judgment to pass by default,
or otherwise, and general releases of error to be made or given, by any person or persons
whatsoever in this colony, before action brought, shall be, and they are hereby declared to be
absolutely null and void; and if any attorney shall presume to appear for a defendant under such
power, he shall, for every offence, forfeit and pay
|
Power of attorney to confess judgments void.
|
| | |
|---|
| the sum of five hundred pounds, to such defendant: To be recovered, with costs, by
action of debt, or information, in any court of record within this colony and dominion; and
moreover shall be liable to an action for damages, to the party grieved.
|
| VI. And be it further enacted, That before any Injunction
in chancery shall be granted, to stay proceedings at law on any action, suit, or judgment
whatsoever, in any court of record in this colony, the party praying such judgment, if the court
shall not be otherwise satisfied with the matter of equity, shall make Oath, before the court, or
before some magistrate, of the truth of the allegations of his injunction bill; which affidavit
shall be certified at the foot of the bill: And he, she, or they, shall moreover enter into bond,
with one or more sufficient security or securities, in the clerk's office, for satisfying and
paying all such sum or sums of money and tobacco, and costs, which shall be then due, or shall
become due, to the plaintiff or plaintiffs, in the action, suit, or judgment, so to be stayed;
and also for the paiment of such costs as shall be awarded against him, her, or them, in case the
injunction shall be dissolved.
|
Injunctions, how granted.
|
| VII. And be it further enacted, That no injunction shall
be granted from the general court, to stay the proceedings of any suit, commenced in the county
court, unless the matter in dispute in the county court be of value sufficient to admit of an
appeal to the general court.
|
|
| CHAP. XII.
|
| An
| Act, to establish and confirm the bounds and title of Lands, held in the town of
Suffolk, in the county of Nansemond.
|
|
| I. WHEREAS, by an act of the General Assembly, made in the fifteenth year of his present majesty's reign,
intituled, an act for erecting a town at Constance's warehouse, in the county of Nansemond,
it is enacted, that within eight months after the passing of the said act, fifty acres of
land, parcel of a tract of land belonging to Jethro Sumner, of the said county,
|
| | |
|---|
| gent. lying and being 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, be laid
out, from the river, between two creeks, or guts, one below the warehouse, and the other above by
the surveyor of the said county of Nansemond, to include the warehouses aforesaid; and the said
fifty acres of land is thereby vested in certain trustees, in the said act named, in trust, to be
laid out in lots and streets, and sold, and for other purposes in the said act mentioned; the
said town to be called by the name of Suffolk: And the trustees and directors were to 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, except the lots therein mentioned to be laid off, for
the use of the said Sumner; and that all the overplus money, which should be raised by the sale
of the said lots, should be applied to public uses, for the benefit of the inhabitants of the
said town.
|
| II. And whereas, after the passing of the said act, John Milner,
surveyor of the said county of Nansemond, did survey and lay out the said fifty acres of land,
for the said town of Suffolk, according to the directions of the said act; and divided the same
into lots and streets, and returned a plan thereof unto the said trustees, who made sale of the
said lots; and have paid unto the said Jethro Sumner, three pounds for every acre of the said
fifty acres, vested in them, before the time mentioned in the act aforesaid except the lots in
that act excepted.
|
| III. And whereas it was the true intent and meaning of the said act
of Assembly, that the aforesaid three pounds for each acre of the said fifty acres of land, as
aforesaid, to be paid by the trustees to the said Jethro Sumner, should be the full consideration
for the absolute fee simple estate of the said land, laid out for the town of Suffolk, as
aforesaid; yet now it doth appear that the said Jethro Sumner was not seised of the fee simple
estate of the said fifty acres of land, at the time of passing the act aforesaid: But that he was
only seised of a freehold estate, for life, of and in one moiety or half part thereof, in right
of his wife
|
| | |
|---|
| Margaret, as one of the two sisters and co-heirs of Daniel Sullivan, jun. deceased, who
was only heir of Daniel Sullivan, late of the said county of Nansemond, also deceased; and was
seised, with the said Margaret his wife, of the other moiety or half part thereof, by a
conveyance, made unto the said Jethro Sumner and Margaret his wife, and their heirs and assigns,
by Bridget Sumner, the other sister, and co-heir of the said Daniel Sullivan, jun. acknowledged
and recorded in the county court of Nansemond aforesaid, the twenty second day of December, one
thousand seven hundred and thirty six: By means whereof, divers and sundry controversies and
disputes subsist, and law suits are likely to arise between the purchasers and freeholders of the
said town, and the trustees and directors thereof, concerning the titles of their several
purchases, in the said town of Suffolk: to the great discouragement of trade and navigation
therein. And whereas Margaret, wife of the said Jethro, hath now consented, that all her right,
title, and interest, in the aforesaid lands, shall be vested in the said trustees, for the
further consideration of one hundred pounds current money of this colony: Therefore, for removing
all doubts and controversies concerning the same,
|
| 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 Suffolk, as the same is laid off by the said John
Milner, surveyor, according to the said act of Assembly, be established and held firm for ever;
and that all and every person or persons, who have already purchased, or who hereafter shall
purchase, from the trustees of the said town of Suffolk, any lot or lots therein, he or they, and
his or their heirs or assigns, respectively, shall, and may for ever hereafter, peaceably and
quietly, have, hold, possess, and enjoy the same, according to the intent and meaning of the
aforesaid act of Assembly, freed and discharged of and from all the right, title, estate, claim,
interest, and demand whatsoever, of the said Jethro Sumner, and Margaret his wife, or either of
them, and their, or either of their heirs or assigns; and of all other person or persons
whatsoever, claiming under him, her, or them, or any of them.
|
Boundaries of Suffolk established.
|
| | |
|---|
| V. And be it further enacted, by the authority aforesaid,
That the said Jethro Sumner, and his heirs shall be deemed and taken, and they are hereby
declared to be and stand trustee or trustees, for and to the use of the said Margaret his wife,
her heirs and assigns, of such part of the consideration money aforesaid, paid by the trustees of
the said town of Suffolk, unto him in proportion to her right in the land aforesaid.
|
Provision for the wife of Jethro Sumner.
|
| VI. And whereas the said trustees by virtue of the aforesaid act of
Assembly, sold and disposed of the lots in the aforesaid town of Suffolk, for the sum of two
hundred and five pounds more than the consideration mentioned to be paid to the said Jethro
Sumner, one hundred and five pounds of which, has been expended in building a wharf, and other
public services, for the benefit of the said town; and there still remains one hundred pounds
unappropriated:
|
| VII. Be it therefore enacted, by the authority aforesaid,
That the said trustees, and their successors, in trust, shall satisfy and pay unto the said
Jethro Sumner, his heirs or assigns, within six months from the time of passing this act, the sum
of one hundred pounds, unappropriated as aforesaid: And moreover, that the lots, laid off in the
aforesaid town of Suffolk, and assigned unto the said Jethro Sumner, pursuant to the directions
of the said act of Assembly, shall be vested in the said Jethro Sumner, and Margaret his wife;
and they shall remain seised of the same estate, as they had therein, before the making the act
aforesaid. Any thing in the said act to the contrary, or seeming to the contrary, in any wise,
notwithstanding.
|
|
| CHAP. XIII.
|
| An
| Act, to amend an Act, intituled, An Act, for settling some doubts and differences
of opinion, in relation to the benefit of Clergy; for allowing the same to Women, and taking away
of Reading; and to disable certain persons therein mentioned to be Witnesses.
|
|
| I. WHEREAS, by the act of Assembly, made in the fifth and sixth years of the reign of his present
majesty, intituled, an act for settling some doubts and differences of opinion, in
relation to the benefit of
|
| | |
|---|
| clergy; for allowing the same to women, and taking away of reading; and to disable
certain persons therein mentioned to be witnesses, it is, amongst other things enacted, that
no negro, mulatto, or Indian, either a slave or free, shall thereafter, be admitted, in any court
of this colony, to be sworn as a witness, or give evidence in any cause whatsoever, except upon
the trial of a slave for a capital offence: And whereas many free negros, Indians, and mulattoes,
avoid the paiment of their just debts, by reason of other free negros, mulattoes, and Indians,
not being admitted as witnesses, and suffered to give evidence in civil causes; to the great loss
and prejudice of honest creditors:
|
| II. Be it therefore enacted, by the Lieutenant-Governor,
Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the
authority of the same, That from and after the passing of this act, any free negro, mulatto,
or Indian, being a christian, shall be admitted, in any court of this colony, or before any
justice of the peace, to be sworn as a witness, and give evidence, for or against any other
negro, mulatto, or Indian, whether slave or free, in all causes whatsoever, as well civil as
criminal. Any law, custom, or usage, to the contrary, in any wise, notwithstanding.
|
Free negroes, mulattoes, and Indians, when witnesses.
|
|
| CHAP. XIV.
|
| An
| Act, for amending the Act, entituled, An Act, for settling the titles and bounds of
Lands; and for preventing unlawful shooting and ranging thereupon.
|
|
| I. WHEREAS, by one act of Assembly, made in the ninth year of the late queen Anne, intituled,
an act, for settling the titles and bounds of lands; and for preventing unlawful shooting and
ranging thereupon, it is, amongst other things enacted, that if the owner of any lands shall
refuse to suffer his lands to be processioned, pursuant to the directions of the said act; that
then, and in such case, the two freeholders, appointed to procession the same, shall, within ten
days after such refusal, certify the same, under their hands, to the churchwardens of the parish
wherein the said lands shall lie, who shall carry the said certificate to the next sitting of the
court from which the order, for
|
| | |
|---|
| processioning the said lands, did issue; which said court shall order the surveyor of
their county, with a jury, to lay out and procession the lands of the person refusing to suffer
his lands to be processioned, at the charge of the person so refusing: And whereas, frequent
disputes do arise, between persons whose lands lie contiguous, concerning their respective
bounds, upon which, the procession is stopped; and in every such case, the freeholders, appointed
to procession the same, do return a certificate only of one person's refusal, at whose expence,
the courts, to which such certificates have been returned, from a misconstruction of the said
act, have ordered the surveyor of their county, with a jury, to lay out and procession such
controverted bounds; although it is very reasonable that the expence should be born by the person
against whom the bounds, so in dispute, shall be determined: Therefore,
|
| II. Be it enacted, by the Lieutenant Governor, Council, and
Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the
same, That when any controversy shall hereafter happen, between persons whose lands lie
contiguous, about their respective bounds, the freeholders, appointed to procession the same,
shall return a certificate thereof, in the manner directed by the said act; and the court of the
county, to which such certificate shall be returned, shall order their surveyor, with a jury, to
lay out the bounds so in dispute, at the charge of the person against whom the right, to such
bounds, shall be determined.
|
Disputed bounds of lands at whose costs to be laid out.
|
|
| CHAP. XV.
|
| An
| Act, for continuing the Act intituled, an Act, for the better regulating and
collecting certain officers fees; and other purposes therein mentioned.
|
|
| I. WHEREAS the act made in the
twelfth year of the reign of his present majesty, intituled, an act, for the better
regulating and collecting certain officers fees; and other purposes therein mentioned, will
expire at the end of the present session of Assembly; and it is necessary the same should be
continued:
|
| | |
|---|
| 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 shall continue, and be in force, from and after the
expiration thereof, for and during the term of three years and no longer.
|
Former acts for fees continued.
|
|
| CHAP. XVI.
|
| An
| Act, for continuing and amending the Act, for preventing losses from drivers,
passing with cattle through this colony; and for laying a duty on horses.
|
|
| I. WHEREAS the act of Assembly,
made in the fifteenth year of the reign, of his present majesty, intituled, an act for
preventing losses from drivers, passing with cattle through this colony; and for laying a duty on
horses imported, hath been found by experience, to be of great advantage to the inhabitants
of this colony.
|
| 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 of Assembly shall continue and be inforced from and
after the expiration thereof, for and during the term of four years, from thence next following,
and no longer.
|
Former act continued.
|
| III. And whereas the crime and offence of stealing of horses is, of
late years much increased, especially in the frontier counties of this colony; to the great
detriment and loss of many of his majesty's good subjects, occasioned for want of due prosecution
and punishment of offenders therein; and for want of encouragement to such persons as shall
vigorously endeavour the apprehending of such malefactors: For preventing whereof,
|
| IV. Be it further enacted, by the authority aforesaid,
That from and after the first day of November next, all and every person and persons, who shall
apprehend and take any person, guilty of the stealing of an horse, and shall prosecute him, her,
or them, so apprehended and taken, until he, she, or they, be convicted thereof; such
apprehenders or takers, for his, her, or their reward, shall have and receive the sum of ten
pounds.
|
Reward for apprehending horse stealers.
|
| | |
|---|
| within two months after such conviction; to be paid by the treasurer of this colony for
the time being, he, she, or they, tendering to the said treasurer, under the hand of the clerk of
the general court, or court of oyer and terminer, a certificate of the conviction of such felon
or felons, for the said offence, and in what parish the same was committed; and also that such
felon or felons, was or were taken, by the person or persons claiming the said reward: And in
case any dispute shall arise, between the parties so apprehending the said felons, touching the
right and title to the said reward, that then the judges of the general court or court of oyer
and terminer, before whom the felon or felons shall be convicted, respectively, shall in and by
the said certificate, direct and appoint the said reward to be paid, to and amongst the parties
claiming the same, in such shares and proportions, as to the said judges shall seem reasonable.
And in case any person or persons shall happen to be killed, by any such horse-stealer or
horse-stealers, endeavouring to apprehend, or making pursuit after him or them; that then the
executors or administrators, or such person or persons to whom the right of administration of the
personal estate of such person so killed, shall belong, upon certificate delivered, under the
hands and seals of two justices of the peace, of the county where the fact was committed, of such
person's being so killed, (which certificate the said justices upon sufficient proof before them
made, are required immediately to give,) shall receive the sum of fifty pounds; to be paid by the
said treasurer.
|
If killed, executors, &c. to receive reward.
|
| V. And forasmuch as the said felons are much encouraged to steal
horses, because a great number of persons make a trade to receive and buy of the said felons, the
horses so by them feloniously taken; and also do make it their business to conceal the said
offenders after the said facts, knowing the said felonies to be by them committed:
|
| VI. Be it therefore enacted, by the authority aforesaid,
That if any person or persons shall receive or buy any horse, that shall be feloniously taken or
stolen from any other person, knowing the same to be stolen; or shall receive, harbour, or
conceal any horse-stealer, knowing him to be so, shall be taken and received as accessary or
accessaries to the said felony; and being
|
Receivers of stolen horses.
|
| | |
|---|
| of either of the said offences legally convicted, by the testimony of one or more
credible witnesses, shall suffer and incur the pains of death, as a felon convict.
|
| VII. Provided always, That if any such principal felon
cannot be taken, so as to be prosecuted and convicted of any such offence; yet, nevertheless, it
shall and may be lawful, to prosecute and punish every such person and persons buying or
receiving any horses, stolen by any such principal felon, knowing the same to be stolen, as for a
misdemeanor; to be punished by fine and imprisonment, or other such corporal punishment, as the
court shall think fit to inflict, although the principal felon be not before convict of the same
felony; which shall exempt the offender from being punished as accessary, if such principal felon
shall be afterwards taken and convicted.
|
Accessaries when punishable.
|
|
CHAP. XVII.
An Act, for continuing the Act, for altering the method of trial of certain criminals therein
mentioned.
|
| I. WHEREAS the act of Assembly,
made in the twelfth year of the reign of his present majesty, intituled, an act, for altering
the method of trial of certain criminals therein mentioned, will expire at the end of this
present session of Assembly; and it being necessary and expedient, that the same should be
further continued,
|
| 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 recited act shall continue and be in force, from and
after the expiration thereof, for and during the term of seven years, from thence next following
and no longer.
|
Act for trial of criminals continued.
|
|
CHAP. XVIII.
An Act, for appointing several new Ferries.
|
| 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
|
Ferries established.
|
| | |
|---|
| 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,
|
| From Charles Lynch's plantation, in Goochland county, on the
Northanna, across the said river, to the land of the said Charles Lynch, the price for a man,
three pence, and for a horse, three pence.
|
| From the land of Mr. Benjamin Cocke, in the said county, across the
said river, to the land of the said Benjamin Cocke, the price for a man, three pence, and for a
horse, three pence.
|
| From the land of Ashford Hughes, on the north side of James river,
near the mouth of Willis's creek, in the said county, across the said river, to the land of
Robert Carter; and from the said Robert Carter's, to the said Ashford Hughes's, the price for a
man, three pence, and for a horse, three pence.
|
| On Rappahannock, from the lot of Joseph Morton, in Leeds town, over
the river, to the land of Mrs. Sarah Brooke, the price for a man, eight pence, and for a horse,
eight pence.
|
| From Jesse Ball's plantation, in Lancaster county, known by the
name of Fox's old plantation, across the river, to a plantation of Mr. Corbin, in Middlesex
county, known by the name of Weeks's, the price for a man, one shilling and six pence, and for a
horse, one shilling and six pence.
|
| On Patowmack river, from Evan Watkins's landing, opposite to the
mouth of Canagochego creek, to Edmund Wade's land, in Maryland, the price for a man, three pence,
and for a horse, three pence.
|
| From the lot of Lemuel Reddick, gent. adjoining to the public
wharf, in Suffolk, across Nansemond river, to Samuel Jourdan's land, opposite thereto, the price
for a man, four pence, and for a horse, four 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:
|
Rates.
|
| | |
|---|
| 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 wheeled chair or chaise, 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 the licences for keeping the said ferries, shall be obtained
in the same manner, and the keepers thereof have such exemptions and advantages, and be under the
like regulations and restrictions, as is and are by law provided, for and in respect of the
keepers of public ferries, heretofore settled and appointed.
|
|
| CHAP. XIX.
|
| An
| Act, to impower the Vestry of the parish of Stratton Major, in the county of King
and Queen, to sell the glebe of the said parish; and to purchase a more convenient glebe, in lieu
thereof.
|
|
| I. WHEREAS, the glebe of the parish of Stratton-Major, in the
county of King and Queen, is not a good and sufficient glebe, within the meaning of the act of
Assembly, for the better support and maintenance of the clergy of
this dominion; and of late years, hath been of little advantage to the minister of the said
parish:
|
Vestry of Stratton Major in King and Queen authorised to
sell glebe.
|
| 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 Glebe Land, belonging to the said parish of
Stratton-Major, containing about one hundred and seventy acres, be, and is hereby vested in the
present vestry of the said parish, and the vestry of the said parish for the time being, in
trust: Nevertheless, that the said vestry, or the greater part of them, shall, by deed of bargain
and sale, indented, and duly recorded, convey the said glebe, with the appurtenances, for a
valuable consideration of money, bona fide received, to such person or persons, as shall
be willing to purchase the same; to hold to such purchaser or purchasers, or his or their heirs
or assigns, forever.
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| And the money arising by such sale, shall be by them laid out and applied, towards
purchasing a good and convenient glebe, for the use and benefit of the minister of the said
parish, for the time being for ever.
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|
| CHAP. XX.
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| An
| Act, for enabling the justices of Prince William and Fairfax counties, to levy
tobacco on the said counties, to support Occoquan ferry.
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|
| I. WHEREAS the ferry, across Occoquan river, from the lands of
Mrs. Anne Mason, widow, in the county of Prince William, to the lands of the said Anne Mason, in
the county of Fairfax, hath been found to be very convenient to the people of each county; and
was always, till the said county of Prince William was divided, maintained at the expence of the
said county: But since the division thereof, the justices of each of the said counties, have
refused to make an annual charge thereof in their levy, the laws in that case being deficient:
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Occoquan ferry, how supported.
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| 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 said counties of Prince William and Fairfax,
be, and they are hereby authorized and impowered, respectively, to contract and agree with Mrs.
Anne Mason, or any other person or persons for the keeping and maintaining the said ferry, in
such manner as to them shall seem most proper; and to levy the expence thereof, upon the
tithables in each of the respective counties, in such proportions as they shall think most for
the ease and benefit of the people: And all and every contract, agreement, and order, by them
made, from time to time, concerning the same, shall be good, binding, and available, against
themselves, and their successors, and all other persons whatsoever.
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| CHAP. XXI.
|
| An
| Act, to prevent the inhabitants of Tappahanock town, from raising and keeping hogs
at large within the said Town.
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|
| I. WHEREAS it hath been represented to this General Assembly, that
great numbers of hobs are raised by some of the inhabitants of the Town of Tappahanock, and kept
running at large; to the great prejudice of other persons residing therein, and in the
neighbourhood thereof:
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Hogs not to run at large in Tappahannock.
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| II. Be it therefore enacted, by the Lieutenant-Governor,
Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the
authority of the same, That from and after the first day of January next ensuing, it shall
not be lawful, for any person or persons, inhabiting within the said town, to raise or keep any
swine within the limits thereof, and suffer the same to go or run at large within the said town:
and if any swine, so raised and kept, shall be found going or running at large within the limits
of the said town, it shall and may be lawful for any person whatsoever, to kill and destroy the
same.
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| III. Provided nevertheless, That such person shall not
convert any swine so killed, to his or her own use; but shall leave the same in the place where
it shall be so killed, and give immediate notice to the owner thereof, if known; and if not, then
to the next justice of the peace, who may order the same to the use of any poor person or persons
he shall think fit.
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| IV. Provided also, That nothing in this act containing,
shall be construed to hinder any person from driving swine to or through the said town, or the
limits thereof, in order to sell or kill the same; or in their removal from one plantation to
another.
|
|
| CHAP. XXII.
|
| An
| Act, to oblige the Surveyors of the counties of Albemarle, Augusta, Frederick, and
Louisa, to reside in the respective counties whereof they are Surveyors.
|
|
| I. WHEREAS the counties of Albemarle, Augusta, Frederick, and
Louisa, contain large quantities
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| of unpatented lands still to take up; and whereas it hath been found, by experience,
that many controversies and disputes have arisen, and daily arise, among people in those counties
where any such lands are, about priority of entries, especially where the surveyor of such county
doth not actually reside therein, he often times deputing other persons to take entries; and many
times it so happens, that entries have been made with such deputy, and with the surveyor himself,
for the same land, by different persons: for preventing any such disputes and controversies for
the future, and for the greater ease and conveniency of the people, in repairing from time to
time, to the respective surveyors of such counties, and for the better ascertaining the right of
any such entries;
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| 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, there shall be but one surveyor, with
whom entries for land shall be made, for each of the said counties of Albemarle, Augusta,
Frederick, and Louisa; and such surveyor shall be resident in such county, respectively, whereof
he is surveyor, during the time he shall continue in office: And that no person now appointed, or
who shall hereafter be appointed surveyor of either of the said counties, shall take upon him to
nominate, authorize, or depute any person whatsoever, to take entries for any land in the county
whereof he is made surveyor; nor shall take any entries, or make any surveys in such county
himself, until he is actually a resident therein. and that all entries by such deputy or surveyor
taken, and all surveys by him made, before such residence in the county where the lands to be
entered or surveyed shall lie, shall be, and is hereby declared illegal and void.
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Surveyors of Albemarle, Augusta, Frederick and Louisa to reside
in their counties.
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CHAP. XXIII.
An Act, for dividing the parishes of St. John, and St. Margaret; and for other purposes
therein mentioned.
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| I. WHEREAS, by reason of the large extent of the parish of St.
Margaret, in the counties of
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Parishis of St. John and
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| King William and Caroline, and of the inconvenient situation of the churches in the said
parish, the inhabitants thereof labour under divers inconveniences; and whereas the inhabitants
of the lower part of the said parish, and of the upper part of Saint John's parish, in the county
of King William, have, by their humble suit to this Assembly, prayed, that they may be divided
from their respective parishes, and be united and erected into one distinct middle parish:
therefore, for making the same more convenient for the future,
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St. Margaret in King William and Caroline divided.
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| II. Be it enacted by the Lieutenant-Governor, Council, and
Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the
same, That all that part of the said parish of Saint Margaret, scituate above Caroline
county line, shall be esteemed one distinct parish, and retain the name of Saint Margaret's
parish; and that all that part of the said parish of Saint John, below a line to be run from the
upper end of the plantation, known by the name of Viccary's on Mattapony river, to the mouth of
Mancuen creek, on Pamunkey river, be esteemed one distinct parish, and retain the name of Saint
John's parish; and that all that other part of the said parish of Saint John, above the said
line, together with that part of the said parish of Saint Margaret, below Caroline county line,
from and after the first day of January next, be united and erected into one other distinct
parish; and be called and known by the name of St. David's parish.
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St. David's formed.
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| III. And for the ordering all parochial affairs in the said parish
of St. David, Be it further enacted, by the authority aforesaid, That the freeholders
and house-keepers of the said parish of St. David, shall meet, at some convenient time and place,
to be appointed, and publickly advertised, by the sheriff of the said county of King William,
before the first day of February next following, and then and there elect twelve of the most able
and discreet persons of their parish, to be the vestrymen of the said parish; which said
vestrymen so 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 vestrymen of the said parish.
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| IV. And whereas the vestry of the said parish of Saint John, hath
lately levied, upon the tithables of
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| the said parish, forty seven thousand seven hundred and ninety pounds of tobacco, for
building a new glebe-house; and it is reasonable that that part of the said parish which will be
included within the said parish of St. David, should be re-imbursed their proportional part of
the said tobacco:
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| V. Be it therefore further enacted, That the vestry of the
said parish of St. John, do repay unto the vestry of the said parish of St. David, so much
tobacco as was assessed and levied upon the inhabitants of that part of the said parish; to the
end, the vestry of the said parish of St. David may apply the same towards lessening the levy by
the poll, on the tithables included within that part of the said parish.
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| VI. Provided always, That nothing in this act contained,
shall be construed to hinder the collector or collectors of the said parishes of Saint John and
Saint Margaret, respectively, as the same now stand undivided, to make distress for any levies,
which shall be due from the inhabitants in the said parish of St. David, after the said first day
of February, as by law they, or either of them, might have done, if this act had never been made.
Any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.
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| VII. And whereas the vestry of the parish of Saint Margaret, have
agreed to build a church in the said parish of St. David, without any assistance of the
tithables, taken out of the parish of St. John;
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| VIII. Be it therefore further enacted, by the authority
aforesaid, That it shall and may be lawful for the vestry of the said parish of Saint
Margaret, and they are hereby required, within four years, next following, to levy and assess, on
the tithables in the said parish, as the same stood undivided, such sum or sums of money or
tobacco, as shall be sufficient, to build a church in the said parish of St. David, of the same
dimensions as the said middle church; and the said money and tobacco, so levied and collected, to
pay to the churchwardens of the said parish of St. David, to be by them applied towards building
the said church: And in case any person or persons shall refuse to pay the said tobacco or money,
levied on them by the vestry of the parish of St. Margaret, as aforesaid, the collector of the
said parish, shall and may levy the same by distress.
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Pages 257-273
