Pages 237-256 
|  Pages 274-292
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| Pages 237-256
| Pages 274-292
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| CHAP. XXIV. | ||
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| I. WHEREAS David Crafford, late of the county of New Kent, deceased, being, in his life-time, seised, in fee-simple, of, and in about four hundred acres of land, with the appurtenances, scituate, lying and being in the parish of St. Paul, then New Kent, now Hanover county, did, by deed, bearing date the twenty second day of April, one thousand six hundred and ninety three, for the consideration therein expressed, give, grant, and convey the same, to William Meriwether, gent. his grand-son, by the name and description of the plantation whereon he then lived, known by the name of Assasquin, and to the heirs of his body, for ever; and on failure of such heirs, to David Meriwether, and the heirs of his body; and on failure of such heirs, to Nicholas Meriwether, and Elizabeth his wife, and to the heirs of their bodies, for ever: By virtue whereof, the said William Meriwether entered into the said land and premises, with the appurtenances, and was thereof seised, in fee-tail; and hath lately laid off, in half acres or lots, forty acres, part thereof, and sold and conveyed the greatest part of the same to several persons, for the use of a town, called and known by the name of Newcastle, (not being apprehensive the said land was intailed,) and is much encreased and improved, and would become a town of great custom and trade, were not several trading people, who hold lots therein, afraid to make improvements thereon, until they can be assured of a good title thereto; which must tend very much to the increase of the value of the residue of the intailed lands adjoining the same, and prevent a great number of law suits which, it is probable, will be brought by the purchasers, against the said William Meriwether; and must necessarily impoverish the heir of the said William Meriwether, to whom the lands aforesaid are to descend. | ||
| II. And whereas the said William Meriwether is seised in fee-simple, of and in forty acres of land, part of a greater tract, with the appurtenances, scituate, lying |
| and being in the parish and county last mentioned, commonly called or known by the name of Poindexter's Neck; which said land, with the appurtenances, are of greater value than the said forty acres, so sold by the said William Meriwether, for the use aforesaid: And the said William Meriwether being desirous to make and secure a good and absolute title to the said purchasers, in and to the said forty acres of land, so sold, and laid out into half acres or lots, hath agreed, and is willing, that the said forty acres of land, with the appurtenances, known by the name of Poindexter's Neck, shall be settled to the same uses. | |
| III. And forasmuch as notice hath been published three Sundays successively, at the church of the aforesaid parish of St. Paul, and county of Hanover, wherein the said forty acres of land doth lie, that application will be made to this General Assembly, to vest the said forty acres of land, with the appurtenances, in the said William Meriwether, in fee-simple, upon settling the aforesaid forty acres of land, called Poindexter's Neck, to the same uses as the said four hundred acres of land are settled, by the deed of the said David Crafford, pursuant to your majesty's instructions. | |
| IV. May it therefore please your excellent majesty, at the humble suit of the said William Meriwether, That it may be 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 forty acres of land, laid off in half acres or lots for the town aforesaid, parcel of the said four hundred acres so as aforesaid granted and conveyed, by the said David Crafford, be, and are hereby vested in the several persons who have heretofore purchased, or shall hereafter purchase any of the lots contained within the bounds of the said forty acres; to the only use and behoof of them the said several and respective purchasers, and their heirs and assigns, for ever. And that the said forty acres of land, part of the land called Poindexter's Neck, be, and are hereby vested in the said William Meriwether, to such use and uses, and for such estate and estates, and subject to the like limitations, as the said forty acres of land, parcel of the said four hundred acres, so as aforesaid granted by the said David Crafford, are, and stands limited, by the said deed. And the said William Meriwether, and all others claiming | Newcastle, town of, purchasers from Wm. Meriwether confirmed in their titles. |
| under him, by virtue of the said deed, shall have, hold, and enjoy the aforesaid forty acres of land, called Poindexter's Neck, in the same manner as he, she, or they could or might have held or enjoyed the said forty acres of land, parcel of the said four hundred acres, by the said David Crafford granted and conveyed, in case the same had never been sold and conveyed as aforesaid, or as if this act had never been made, and not otherwise. | ||
| V. 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 acres of land, under the deed of the said David Crafford, all such right, title, interest, estate, claim, and demand, as they, every, or any of them should, or might have had or claimed, if this act had never been made. | ||
| VI. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof, shall be obtained. | ||
| CHAP. XXV. | ||
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| I. WHEREAS, by reason of the large extent of the parish of Hamilton, in the county of Prince William, the minister and inhabitants thereof labour under great difficulties and inconveniencies: For removal of which, for the future, | ||
| 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 twenty fifth day of April next, the said parish of Hamilton shall be divided, by a line to be run from the dividing line of Stafford and Prince William counties, a straight course to the head of Dorrel's run; thence down the said run, to Cedar run; thence to the fork of Broad run, near the lower line of colonel Charles Carter's tract, called Broad run tract; | Hamilton parish in Prince William divided. |
| thence to the mouth of Bull-Lick run, opposite to Jacob Smith's, in Fairfax county: And all that part of the said parish, scituate below the said line, to be erected into one distinct parish, and called by the name of Dettingen, and all that other part thereof, scituate above the said line, to be erected into another distinct parish, and retain the name of Hamilton. | Dettingen parish formed. |
| III. And for electing of vestrymen in the said parishes of Hamilton and Dettingen, the freeholders and house-keepers thereof shall meet, at some convenient time and place, to be appointed, and publickly advertised, by the sheriff of the said county of Prince William, before the twenty fifth day of May, next following, and then and there elect twelve of the most able and discreet persons of their parishes, to be 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 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 ministers of the said parishes, for the time being, for ever. | |
| IV. Provided always, That nothing herein contained, shall be construed to hinder the collector of the said parish of Hamilton, 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 Hamilton, 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. | |
| V. And whereas the glebe of the said parish of Hamilton, as it now stands, will be very inconvenient to either of the said parishes of Dettingen and Hamilton, after the said division; and it will be reasonable and just that the same should be sold, and the money arising by such sale, be equally paid and divided between the said two parishes of Dettingen and Hamilton, to be |
| applied towards the purchase of glebes, more convenient to each: | ||
| VI. Be it therefore further enacted, That the vestries of the said parishes, or the majority of the vestry of each of them, are hereby impowered and required, in a reasonable time, after the month of September, in the year of our Lord one thousand seven hundred and forty six, to sell and dispose of the said glebe, by public auction, to the highest bidder or bidders, for money or tobacco, having first given notice of the time and place of the said sale, by advertisement in the Virginia Gazette, and at the court-houses of King George, Stafford, Prince William, and Fairfax counties; and immediately after the receipt of such money or tobacco, to pay and allow one moiety thereof, to the vestry of the said parish of Dettingen, after the same shall take place; and the other moiety to the vestry of the said parish of Hamilton; to be applied by the said vestries, respectively, towards the purchase of a convenient glebe for each of the said parishes. | ||
| VII. Provided always, and it is hereby enacted, That the said glebe, as it now stands, shall be deemed and taken, and accordingly used by the present minister, as the parsonage house and glebe of the parish of Hamilton, until such sale; and that the said minister do keep the same in tenantable repair, without committing waste. | ||
| CHAP. XXVI. | ||
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| I. WHEREAS the inhabitants of the parish of Bristol, in the county of Prince George, labour under great inconveniences, by reason of the small number of tithables in the same; and it is reasonable that part of the adjacent parish of Bath, in which there are a greater number of tithables, should be added and annexed to the said parish of Bristol: | Bath parish in Prince George divided, and part added to Bristol. | |
| 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 |
| same, That from and after the first day of May next ensuing, part of the said parish of Bath, be annexed to, and made part of the said parish of Bristol; and that the bounds thereof, for the future, be established in manner following; that is to say, by a line to begin at Appamattox River, on the east side of Wallace's Creek, thence a south course to Surry county line; which shall always hereafter, be reputed, deemed, and taken, to be the bounds between the said parishes. | ||
| III. Provided always, That nothing herein contained, shall be construed to hinder the collector of the said parish of Bath, as the same now stands entire and undivided, to make distress for any levies, which shall be due from the inhabitants of that part of the parish of Bath, now included in the parish of Bristol, after the first day of May, as by law he might have done, if this act had never been made. Any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XXVII. | ||
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| I. WHEREAS, by the act of Assembly made in the fifteenth year of the reign of his present majesty, For dividing the parish of St. Martin, in the county of Hanover, into two distinct parishes, it was enacted, That from and after the first day of December, then next following, the said parish of St. Martin should be divided and declared; and that all that part of the said parish, scituate above the dividing line, to the westward thereof, should be erected into one distinct parish, and called and known by the name of Fredericksville. | Parish of St. Martin to repay certain monies, and tobaccoes, to Fredericksville. | |
| II. And whereas the vestry of the said parish of St. Martin, sometime before the said division, levied upon the inhabitants thereof, as the same then stood undivided, |
| four hundred and ninety six pounds, current money, towards building a large new church; and immediately after passing the said act of Assembly, and before the same took place, the said vestry levied the sum of ten thousand pounds of tobacco, upon the said inhabitants, to be deposited in the hands of the collector, for the use of the said parish; and have refused to make any allowance to the vestry of the parish of Fredericksville, for the same: | ||
| 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 vestry of the said parish of St. Martin, shall, and they are hereby impowered and required, to levy upon the tithable persons of the said parish, as much money and tobacco as shall be sufficient, to reimburse the inhabitants of the said parish of Fredericksville, their proportionable part of the aforesaid sum of four hundred and ninety six pounds, and ten thousand pounds of tobacco; one half thereof at the laying their parish levy, in the year of our Lord one thousand seven hundred and forty five, and the remainder in the year next following; and shall pay the same unto the vestry of the said parish of Fredericksville, for the time being, to be by them applied to the use of the said parish. | ||
| CHAP. XXVIII. | ||
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| I. WHEREAS the mayor, recorder, aldermen, and common council of the city of Williamsburg, have represented to this General Assembly, that there is no prison belonging to their corporation, for the commitment of debtors, criminals, and offenders; but that the prison of James City county standing within the limits of the said city, hath hitherto been used for that purpose, on sufferance; which is attended within convenience both to the said county and city; and that they are desirous a prison should be built for the use of | Common hall of Williamsburg to lay a tax for building a prison. |
| the said city, at the charge of the inhabitants of the corporation: But it is a doubt, whether they have power, by their charter, to assess a tax on the said inhabitants, for that use, or for any other needful occasion of the city, when their chamber is deficient: | |
| 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 it shall and may be lawful for the mayor, recorder, aldermen, and common council of the said city of Williamsburg, for the time being, in common-hall assembled, to levy and assess, by the poll, on the tithable persons inhabiting within the said city, all such sum and sums of money as shall be necessary, for erecting a prison for the use of the said city, if their chamber be deficient; and also to appoint a collector of the same. And if any person or persons shall refuse or neglect to satisfy and pay the money, so on him, her, or them levied and assessed, according to the times appointed for the paiment thereof, it shall and may be lawful to and for such collector, by warrant from under the hand of any magistrate of the said city, to levy the money so due, by distress and sale of the delinquents goods, in the same manner as for non-payment of public and county levies, in this colony. | |
| III. And be it further enacted, by the authority aforesaid, That the justices of the county of James City, and the justices of the county of York, for the time being, shall and they are hereby required, at the time of laying the levies for their respective counties, in every year, to levy, for the serjeant and constables of the said city, for the time being, so much tobacco as shall hereafter become due to them, for all such services done, and prison fees, arising within the said city, not already by law directed to be paid, as would properly be chargeable on the said counties, respectively, by the sherifs and constables thereof, in case the said city had not been incorporated. | Counties of James city and York to pay sergeant and constables. |
| CHAP. XXIX. | ||
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| I. WHEREAS, by the act of Assembly, passed in the twelfth year of his present majesty's reign, For erecting two new counties and parishes, and granting certain encouragements to the inhabitants thereof, the inhabitants of the counties of Frederick, and Augusta, are exempted from public levies for ten years, from the passing the said act; and no allowance is to be made for killing wolves within the limits of the said two counties: And whereas the inhabitants of Frederick county have made humble suit to this Assembly, to have a reward settled, to be levied on the tithable persons in that county, and applied in encouraging persons to destroy Wolves: | Reward for killing wolves in Frederick. | |
| 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 November next, a reward of six shillings, for every old Wolf, and two shillings and six pence, for every young Wolf, killed within the county of Frederick, shall be paid, to the party obtaining certificate thereof, under the hand of a justice of peace of the said county, upon oath, and legal proof before him made. And the justices of the said county of Frederick, shall and may, annually, at the court held for laying their county levy, raise and levy, upon the tithable persons therein, the rewards due, upon such certificates, to the court produced; to be discharged in money or grain, at the rate to be settled by such court, from time to time, and to be paid to the persons, respectively, intituled thereto, at the next county court held after such levy laid, for and during the term of four years. | ||
| III. And whereas the days appointed by law, for holding courts in the said county of Frederick, and the counties of Fairfax, and Louisa, are found to be inconvenient, as they are now settled; Be it further enacted, by the authority aforesaid, That from and after the | Court days of Frederick, Fairfax and Louisa altered. |
| first day of December next, the court for the said county of Frederick, shall be held on the first Tuesday; and the court for the said county of Fairfax, on the third Tuesday; and the court for the said county of Louisa, on the fourth Tuesday in every month. Any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XXX. | ||
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| I. WHEREAS the act of Assembly, made in the fifteenth year of the reign of his present majesty, intituled, An Act, to impower the justices of Elizabeth-City county, to erect pounds; and for other purposes therein mentioned, is expired; and the same having been found very useful, and of great benefit to the inhabitants of the said county of Elizabeth-City, it is proper and expedient that it should be revived: | Act authorising court of Elizabeth city to erect pounds, revived. | |
| 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 be, and the same is hereby revived; and shall continue and be in force, from the passing of this act, for the term of four years, next following, and no longer. | ||
| CHAP. XXXI. | ||
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| I. WHEREAS divers inconveniences attend the upper inhabitants of Goochland county, by reason of their great distance from the court-house, and other places, usually appointed for public meetings: | ||
| 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 | Goochland county, divided. |
| same, That from and immediately after the last day of December next, the said county of Goochland be divided, by a line, to be run from the point of the fork of James river, north, thirty degrees, east to Louisa county line; and from the said point of the fork, a direct course to Brook's mill; and from thence, the same course continued, to Appomattox river: And that part of the said county which lies below the said line, be erected into one distinct county, and retain the name of Goochland; and all that other part thereof, above the said line, be one other distinct county, and called by the name of the county of Albemarle. And, for the due administration of justice, | Albemarle formed. |
| III. Be it further enacted, by the authority aforesaid, That after the said last day of December, a court for the said county of Albemarle, be constantly held, by the justices thereof, on the fourth Thursday in every month, in such manner, as by the laws of this colony is provided, and shall be, by their commission, directed. | Court days. |
| IV. And whereas, by reason of the situation of the parish of Saint James, in the said county of Goochland, the minister and inhabitants thereof, do labour under divers 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 last day of December, the said parish of Saint James, shall be divided into three parishes; that is to say, all that part of the said parish that lies in the county of Albemarle, shall thereafter, be esteemed one distinct parish, and be called and known by the name of St. Anne's; and all that part of the said parish, which lies on the north side of James river, in the county of Goochland, aforesaid, shall be esteemed one distinct parish, and be called and known by the name of Saint James, Northam: And all that other part thereof, which lies on the south side of the said river, in the county aforesaid, shall be erected into one other distinct parish, and be called and known by the name of Southam. And, for the better ordering of parochial affairs in the said parishes; | St James parish divided into three. St. Anne's in Albemarle. St. James, Northam, on north side James River. Southam, on south side James River, in Goochland. |
| V. Be it further enacted by the authority aforesaid, That the free-holders and house-keepers in the said parishes, respectively, shall meet, at some convenient |
| time and place, to be appointed and publickly advertised, by the respective sherifs of the said counties of Goochland and Albemarle, before the twenty-fifth day of January next; and then and there elect twelve of the most able and discreet persons, of their respective parishes; which persons, so elected, having taken the oaths appointed to be taken 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: Which said vestries are hereby impowered and made capable, to take receive, and hold any lands, tenements, or hereditaments, which shall be purchased or given, as a glebe or glebes, for the use of the minister of each parish, respectively, for the time being, for ever. | |
| VI. And whereas one small tract of land, lying and being in the parish of Saint James, on the north side of James River, whereon Anthony Gavin Clerk now lives is appropriated for a glebe to that parish, which, when divided, will be in the parish of Saint James, Northam; and whereas the said tract of land is very inconveniently situated to those uses, and the making sale and disposition thereof, must redound to the interest of the said parish of Saint James, Northam, if the same can be effected; and the money arising by the sale thereof, applied towards purchasing a more convenient tract of land for that purpose: | |
| VII. Be it therefore enacted, by the authority aforesaid, That the said tract of land, with the appurtenances, be, and are hereby vested in William Randolph, and Benjamin Cocke, gentlemen, of the parish of Saint James, Northam, and county of Goochland, in trust; that they shall sell, and, by deeds of bargain and sale, convey, for the best price that can be got for the same, the said tract of land, with the appurtenances, by such descriptions as they shall think fit and necessary, to any person or persons, who shall be willing to purchase the same; to hold to such purchaser or purchasers, in fee-simple: And when the same shall be sold and conveyed, that the said William Randolph, and Benjamin Cocke, shall account with the vestry of the parish of St. James, Northam, when they shall be elected and qualified, as aforesaid, who shall receive the same, in trust, for applying the money arising by such sale, |
| towards the purchasing a more convenient tract of land for a glebe, for the use of the parson of the said parish, for the time being, for ever. | |
| VIII. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, collector, or collectors of the said county of Goochland, and parish of Saint James, as they now stand intire, and undivided, from making distress for any levies, fees, or other dues, which shall be due from the inhabitants of the said county and parish, after the said last day of December, in such manner, and not otherwise, as by law he, 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. | |
| CHAP. XXXII. An Act for dividing the upper parish in Nansemond county, and adding part thereof to Suffolk parish. | |
| I. WHEREAS, by reason of the small number of tithables in the parish of Suffolk, in the county of Nansemond, occasioned by a division of that parish, from the upper parish, in the said county, at a time when the lands in the said upper parish, were not fully settled; but since the said division, great numbers of people have settled therein: And as the inhabitants of the said parish of Suffolk, are, for the most part, very poor, and the levies large and burthensome; for the better regulating of the said parishes, | |
| 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 twentieth day of November, next ensuing, part of the parish called the upper parish, in the said county of Nansemond, be annexed to, and made part of the parish of Suffolk; and that the bounds thereof, for the future, be established in manner following; that is to say, to begin at the head of Duke's creek, thence running down the said creek, to Nansemond river; thence down the said river, to the mouth of the Western branch; thence up the said Western branch its several courses, till it intersects Isle of Wight county line; which shall always hereafter, | Suffolk parish in Nansemond altered. |
| be reputed, deemed, and taken, to be the bounds between the said parishes. | ||
| III. Provided always, That nothing herein contained, shall be construed to hinder the collector of the said upper parish, as the same now stands intire, and undivided, to make distress for any levies, which shall be due from the inhabitants below the said line, after the said twentieth day of November, 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. XXXIII. | ||
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| I. WHEREAS, the Nottoway Indians are possessed of a large tract of land, of six miles square, lying and being on the south side of Nottoway river, in the county of Isle of Wight; and whereas that nation is of late reduced, by sickness, and other casualties, to a very small number, and among those that remain, many are old, and unable to labour or hunt; so that the whole of that large tract is more than they are able, in their present circumstances, to cultivate, or make any use of. | Nottoway, & Nansemond Indians authorised to sell certain lands. | |
| II. And whereas they have petitioned the honorable lieutenant-governor in council, to be enabled to sell part of the said tract, for the paiment of their debts, and the better support and maintenance of them and their posterity: And whereas the Nansemond nation of Indians, are likewise reduced to so small a number of men, that they cannot possibly subsist of themselves by hunting, which is their chief support, but have been obliged, for their conveniency and benefit, to cohabit with the Nottoway Indians, more than seven years past. | ||
| III. And forasmuch as they are also possessed of about three hundred acres of land, in the county of Nansemond, bounded by the county line, Nottoway river, and the land of one James Cary, which, for the reason aforesaid, is become entirely useless, and of no benefit to them; and have prayed for leave to sell the |
| same, and to be enabled to purchase other lands near the said Nottoways: | |
| 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 chief men of the said Nottoway nation, be impowered, and they are hereby impowered, by and with the consent and approbation of James Baker, surveyor of the said county of Isle of Wight, John Parsons, and Richard Blow, junior, the survivors or survivor of them, who are hereby appointed trustees to see this act duly executed, to sell and convey, for the use and benefit of the said Nottoway nation, five thousand acres, part of their said tract of land, lying between the Western boundary of their said tract, and Buck-Horn swamp, for the best price that can be got, so as not to be under the rate of twelve pounds ten shillings, current money of this colony, for every hundred acres: Provided, That no part of the main swamp, called Buck-Horn, be included within any sale, so intended to be made: And the chiefs of the Nansemond Indians, are also hereby impowered, with the consent and approbation of the trustees aforementioned, to sell and convey the said three hundred acres of land, to them belonging, in the said county of Nansemond. And after any agreement made, for the sale of the said lands, or any part thereof, it shall and may be lawful for the said chief men of each of the said nations, together with the trustees aforesaid, or the survivors or survivor of them, to seal and deliver a feoffment, and to make livery and seisen upon the land, to be indorsed upon such feoffment, to the purchaser, who, immediately after the execution thereof, shall pay down, to the said trustees, for the uses and purposes herein expressed, the purchase money; for which, a receipt shall likewise be indorsed on the deed: And any feoffment so executed and perfected, and afterwards acknowledged, or proved by the oath of three witnesses; the feoffment made for the lands, sold by the chiefs of the Nottoway Indians, to be recorded in the court of the county of Isle of Wight, where their lands lie, and the feoffment made for the lands, sold by the chiefs of the Nansemond Indians, to be recorded in the court of the county of Nansemond, where their lands lie; shall be sufficient in law, to pass the fee-simple estate of |
| such lands, so by them sold; and the purchaser or purchasers thereof, his or their heirs or assigns, shall, for ever, hold and enjoy the same, freed and discharged from all claims of the said Nottoway and Nansemond nations, and their posterity. Any thing in one act of the General Assembly, made in the fourth year of the reign of the late Queen Anne, intituled, An act, for preventing of misunderstandings between tributary Indians, and other her majesty's subjects of this colony and dominion; and for a free and open trade with all Indians whatsoever; or in any other act of the General Assembly, contained, to the contrary hereof in any wise, notwithstanding. | |
| V. Provided always, That the said trustees, or either of them, shall not, directly, or indirectly, purchase any dividend or parcel of the said land, from the said Indians, without the special approbation of the governor or commander in chief of this colony, for the time being, with the advice and consent of the council, first had and obtained. And if any purchase shall be made by the said trustees, or any other person or persons whatsoever, contrary to this act, the same shall be void, to all intents and purposes. | |
| VI. Provided also, and be it enacted, That the purchaser or purchasers of such lands, his or their heirs or assigns, shall hold the same of his majesty, his heirs and successors, under the like quit-rents as are paid by persons obtaining grants for lands from his majesty. | |
| VII. And be it further enacted, by the authority aforesaid, That the money arising by the sale of the lands belonging to the said Nottoway Indians, shall, by the said trustees, the survivors or survivor of them, be equally and fairly divided amongst the said Nottoway Indians, and the other Indians that are incorporated, and do now co-habit with them, (the Nansemond Indians excepted:) And the said trustees, and this survivor or survivor of them, are hereby impowered and required, to examine and settle the accounts and claims exhibited against any of the said Indians; and the same being duly proved, and appearing just, to pay and satisfy, out of the part or share of the money, due to the Indian or Indians, against whom such account or claim shall be exhibited. |
| VIII. And be it further enacted, by the authority aforesaid, That the money arising by the sale of the said three hundred acres of land, belonging to the said Nansemond Indians, shall, by the said trustees, be laid out, in the purchase of other lands, where they, the said Indians, shall think fit, for the use and occupation of them, and their posterity, for ever; to be held of the king, his heirs and successors, under the like rents and services, as they now hold the said three hundred acres of land. | |
| IX. And whereas it hath been represented to this General Assembly, that the Indians of the said two nations, are very prone to drink spirits, and other strong liquors, to a very great excess, thereby giving ill disposed and dishonest people opportunities to make very great advantages of them, by first getting them in debt, and then taking their skins, money, cloaths, and ammunition; by which means they defeat the just trader from getting paid, for furnishing them with the necessaries of life: To prevent which, | |
| X. Be it enacted, That from and after the passing of this act, no person whatsoever, shall sell on trust, to any Indian of either of the said nations, any quantity of spirits, or other strong liquors whatsoever: And if any person shall sell, on credit, to any such Indian, any spirits, or other strong liquors, he, she, or they, so trusting, shall be disabled to maintain suit, or recover judgment for the same, in any court of law, or before any magistrate within this colony. And if any person or persons, selling spirits, or other strong liquors, to any of the said Indians, shall presume to take any pledge or pawn whatsoever for the same; or shall sell such spirits or liquors for any other thing than ready money, he, she, or they, so offending, shall forfeit and pay the sum of twenty shillings, for every such offence, to the informer: To be recovered, with costs, before any justice of the peace of the county where the offence shall be committed; and if a question shall arise at the trial, the onus probandi shall lie on the defendant. |
| Pages 237-256
| Pages 274-292
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