Pages 257-273 
|  Pages 292-309
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| Pages 257-273
| Pages 292-309
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| CHAP. XXXIV. An Act, to prevent the building and repairing wooden chimnies, in the town of Richmond. | ||
| I. FORASMUCH as it hath been represented to this Assembly, by the inhabitants of the town of Richmond, in the county of Henrico; 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 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 it 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 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 Henrico, 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 and erected in the said town, in breach of this act. | Richmond, town of, wooden chimnies not to be built in. | |
| CHAP. XXXV. | ||
| ||
| I. WHEREAS, it is represented to this Assembly, that divers of the inhabitants of the parish of Truro, in the county of Fairfax, now do, and for several years past, have acted as vestrymen of the said parish, altho' many of them were never lawfully chosen or qualified; that several, pretending to act as vestrymen, are not able to read or write, and under a colour | Vestry of Truro parish in Fairfax dissolved, and new vestry to be elected. |
| of being lawfully chosen, have taken upon themselves to hold vestries, and imposed many hardships on the inhabitants of the said parish: 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 the vestry, or pretended vestry of the said parish, is, and are hereby dissolved: And that all and every act and acts, thing and things, which at any time or times hereafter, shall or may be performed, suffered, or done by them, as a vestry, or pretended vestry of the said parish, shall be, and are hereby declared to be utterly void, to all intents and purposes whatsoever. | ||
| III. Provided always, That all and every levy and levies, heretofore laid, and all and every other act and thing, by the said vestry, or pretended vestry, done or suffered, shall be good, valid and effectual, in as full and ample manner, as the same would have been, if this act had not been made. | ||
| IV. And be it further enacted, by the authority aforesaid, That the freeholders and house-keepers of the said parish of Truro, shall meet, at some convenient time and place, to be appointed, and publickly advertised, by the sheriff of the said county of Fairfax, before the first day of February next; 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 parish. | ||
| CHAP. XXXVI. | ||
| ||
| I. WHEREAS, by an act of Assembly, made in the twelfth year of the reign of his present majesty, intituled, an act, for erecting two new counties and parishes; and granting certain encouragements | Inhabitants of Augusta to pay their proportion of expenses |
| to the inhabitants thereof; it is enacted, that all that tract or territory of land, then deemed to be part of the county of Orange, lying on the north west side of the Blue Ridge of mountains, extending from thence, northwardly, westerly, and southerly, beyond the same to the utmost limits of Virginia, should be separated from the rest of the said county, and erected into two distinct counties and parishes; to be divided, by a line, to be run from the head spring of Hedgman river, to the head spring of the river Patowmack: And all that part of the said territory, lying on the north east of the said line, beyond the top of the said Blue Ridge, should be one distinct county and parish, to be called by the name of the county of Frederick, and parish of Frederick; and that the rest of the said territory lying on the other side of the said line, beyond the top of the said Blue Ridge, should be one other distinct county and parish, to be called by the name of the county of Augusta; and parish of Augusta. By which said recited act, it is provided, that the said new counties and parishes, should remain part of the county of Orange, and parish of Saint Mark, until it should be made to appear, to the governor and council for the time being, that there was a sufficient number of inhabitants for appointing justices of the peace, and other officers, and erecting courts therein, for the due administration of justice; so that the inhabitants of the said counties, should be thenceforth exempted from the payment of all public, county, and parish levies, in the county of Orange, and Parish of Saint Mark. | of running dividing line between that county and Frederick. |
| II. And whereas there is a sufficient number of inhabitants in the said county of Frederick, and the governor and council have thought fit to appoint justices of the peace, and other officers, in the same; whereby the said county is become distinct and separate from the said county of Orange; and the court of the said county of Frederick, hath contracted with, and appointed the surveyor of the said county of Frederick, to run the dividing line between the same, and the county of Augusta; the expence of which, it is reasonable and just, that the inhabitants of the said county of Augusta, should be equally chargeable with: | |
| III. 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 charge and expence of running the said dividing line, between the said two counties of Frederick and Augusta, shall be paid and born by the inhabitants thereof, in proportion to the respective number of tithables in each: And the court of the said county of Orange, shall and may, and they are hereby required, at the laying of the next county levy, after the passing of this act, to levy and assess upon the inhabitants of the said county of Augusta their full proportionable part of the said charge and expence, according to their number of tithables; to be collected by the same persons, and in the same manner, as is, and are appointed and directed, to receive and collect the tax or levy of two shillings, for every tithable person in the said county of Augusta in and by one act of Assembly, made in the fifteenth year of the reign of his present majesty, intituled, an act for laying a tax on the inhabitants of Augusta county, and appropriating the money thereby arising, to their use; which said proportionable part, so as aforesaid to be levied, shall be paid by the said collectors, to the justices of the said county of Frederick. | ||
| CHAP. XXXVII. | ||
| ||
| I. WHEREAS Mann Page, late of Rosewell, in the county of Glocester, esq. deceased, was, in his lifetime, seised of a very valuable estate in lands, lying in divers parts of this colony; and more especially of and in one certain tract or parcel of land, called Page land, in the county of Prince William, containing ten thousand six hundred and ten acres; and of one other tract or parcel of land called Page-land, in the county of Frederick, formerly Prince William, containing eight thousand and seven acres; and of one other tract of or parcel of land, in the county of Spotsylvania, containing four thousand five hundred acres; and of one other tract or parcel of land, containing one thousand three hundred and eighty acres, at or near | Mann Page authorised to sell certain entailed lands. |
| Hobb's-Hole, in the county of Essex; and of one other tract or parcel of land called Pamocra, containing nine hundred acres in the county of James City; and of a parcel of land, containing two thousand acres, in the county of Hanover; and also, of the reversion of seven hundred acres of land, or thereabouts, adjoining the city of Williamsburg, in the county of York; and of a parcel of land, called Neck-of-land, containing one thousand seven hundred acres, in the county of James City; and of a parcel of land called Pampatike, containing one thousand acres in the county of King William, expectant upon the death of Elizabeth Bray, then the wife of David Bray, Gentleman: And, being also possessed of a large number of slaves, and a considerable personal estate, by his last will and testament, in writing, bearing date the twenty fourth day of January, one thousand seven hundred and thirty, devised to his wife Judith, his dwelling house, with all out houses thereto belonging, where he then lived, and the mansion house then building, with all the land thereto adjoining, so far as the inward fence of the pasture run; and also all the slaves which then belonged to his dwelling house and the home plantation for and during her natural life, and after her decease, to his son Ralph Page. He did also devise to his said son Ralph Page, all his lands in the county of Glocester, (excepting the land by him lately purchased of colonel Francis Willis, and the slaves on the last mentioned lands) and all his lands called Mahixon, in the county of Hanover, and all the lands called Claiborn's Neck in the county of King William, and the land by him lately purchased of Henry Chiles: He did also give to his said son Ralph, all the slaves on the several tracts of land, and all the slaves belonging to the tracts of land which were his former wife's, the said Ralph's mother; which said lands by him so given to his said son Ralph, he did devise to him, and the heirs of his body, lawfully begotten; and in failure thereof, to his son Mann Page, and the heirs of his body, lawfully begotten; and in failure thereof, to his son Carter Page, and the heirs of his body, lawfully begotten; and in failure thereof, to his son John Page, and the heirs of his body, lawfully begotten; and in failure thereof, to his son Matthew Page, and the heirs of his body, lawfully begotten; and in failure thereof, to his son Robert |
| Page, and the heirs of his body, lawfully begotten; and in failure thereof, to his daughters, Mary and Lucy, and to their heirs, for ever, equally to be divided, between them. He did also devise to his said son Mann Page, his tract of land lying near Hobb's-Hole, in the county of Essex, and all the slaves on the said land, and to the heirs of his body, lawfully begotten; and on failure thereof, to his said sons, Carter, John, Matthew and Robert, successively, and to the successive heirs of their several bodies, for ever; and on failure of such heirs, to his son Ralph Page, and the heirs of his body, lawfully begotten; and in failure thereof, to his daughters, Mary and Lucy, and to their heirs, for ever, equally to be divided between them: But declared his intent to be, that the slaves on the land so given to his son Mann Page, should be to him and his heirs, forever: He did also devise to his said son Mann Page, all his lands in the county of Spotsylvania, to him, and the heirs of his body, lawfully begotten, for ever; and all his lands in the county of Prince William, known by the name of Page-land, to him, and the heirs of his body, lawfully begotten, for ever; and on failure of such, to his said sons Carter, John, Matthew, Robert, and Ralph, successively, and to the successive heirs of their successive bodies, for ever; and on failure of such heirs, to his said daughters, Mary and Lucy, and their heirs, for ever, equally to be divided between them. He did also devise to his said son Carter Page, all that tract of land purchased by his late father, Colonel Matthew Page, of Colonel William Basset, deceased, lying in the county of Hanover, under the same limitations as are mentioned in the devise of the lands to his son Mann Page: He also gave to his said son Carter, all the slaves, and stock of cattle and hogs, belonging to the land so given him; and did devise to his said son Carter Page, the reversion and reversions, and all the right, title, and interest he had in the lands late of his uncle, Mr. Francis Page, and which were then in the possession of Colonel David Bray, to his said son Carter, under the same limitations as are mentioned in the devise of lands to his son Mann Page. He likewise devised to his son John Page, all that tract of land lying in the parish of Ware, in the county of Glocester, by him purchased of Colonel Francis Willis, to his said son John, and the |
| heirs of his body, lawfully begotten, for ever, under the same limitations as are mentioned in the devise to his son Mann Page: He also gave to his said son John Page the slaves and stock of cattle and hogs, belonging to the said land and five hundred pounds sterling; to be paid him when he should attain to the age of twenty one years. He also gave to his said sons Matthew and Robert, and to his daughter Mary, two thousand pounds sterling, each; to be paid them when they should severally attain to the age of twenty one years; and to his daughter Lucy, five hundred pounds sterling; and declared his will to be, that the slaves and stocks, given to his sons, should be kept upon the lands to which they belonged, until his sons should severally attain to the age of twenty one years: And that out of the profits arising by the said slaves and lands, his children should be maintained and educated, suitable to their quality and circumstances; and that the residue of the said profits, be applied towards paying his debts, and the legacies given by his said will, as in the said will more fully is contained. | |
| II. And whereas soon after the death of the said testator, his said sons Ralph Page, and Carter Page, departed this life, without issue, as did also the said David Bray, and Elizabeth his wife; whereby the lands so devised to the said Ralph Page, and Carter Page, are become vested in the said testator's son Mann Page. | |
| III. And whereas the said testator, at the time of his death, was considerably indebted unto several persons in Great Britain, and in this colony, more than the value of his slaves and personal estate amounted to; for a great part of which debts, the said testator had engaged, in his life time, to pay interest. | |
| IV. And whereas the profits of the said testator's estate have been applied, ever since his death, in discharging his debts, and the maintenance and education of his children according to his will; but have been found deficient and ineffectual: And the said Mann Page, the son, hath been obliged to advance great sums of his own money, to prevent creditors from bringing suits, and seizing and selling the said estate; and the portions so as aforesaid bequeathed, to the said testator's children, are mostly yet unpaid. |
| V. And whsreas now, after thirteen years experience, it appears impossible to raise money sufficient, out of the profits of the said estate, to discharge the said testator's debts and legacies; and the slaves and personal estate left by the said testator, if taken in execution and sold, will not be sufficient to pay the said debts and legacies, and to reimburse the said Mann Page the money by him advanced, as aforesaid; besides that the taking the said slaves in execution, will not only burthen the estate with great charge and expence, but very much distress the said Mann Page and John Page, by rendring their lands of little or no benefit to them; and must in a great measure, defeat the provision intended by the said testator, for the younger children. | |
| VI. And whereas, altho' the said Mann Page is intituled to the lands intended, by this act, to be subjected to the paiment of the testator's debts, and which said lands are of a more considerable value than the negros and personal estate, designed to be affected by this act: yet, nevertheless, the said Mann Page, being desirous that his father's just debts should be paid and satisfied, and the portions of his younger brothers and sisters complied with, agreeable to the intention of his said late father, proposes, and is willing, that the lands hereafter mentioned, should be sold and disposed of, for the paiment of the said debts and legacies, and reimbursing him what he hath already expended, on account thereof: So that a property of all the personal estate and negros, belonging to the estate of the said testator, (except as hereafter excepted) may be absolutely vested in him, the said Mann Page, in part of satisfaction of the considerable interest he submits to be divested of by this act; subject, nevertheless, to the paiment of such part of the debts, legacies, and money, already expended by the said Mann Page, as the said lands, when sold, shall not be sufficient to satisfy and discharge. | |
| VII. And whereas notice has been published three Sundays successively, in the several parish churches where the lands herein after mentioned lie, that application would be made, by the said Mann Page, the son, to this General Assembly for leave to sell and dispose of the said lands, pursuant to your majesty's |
| instructions: Therefore, for encouraging the good and laudable design of the said Mann Page, the son, to pay the debts, and fulfil the will of his said father, and the better to enable him so to do; and to the end, that some of the slaves left by the said testator, may be preserved, to the use of the said Mann Page, and John Page, in cultivating of their remaining lands, may it please your most excellent majesty, at the humble suit of the said Mann Page, the son, that it may be enacted; | |
| VIII. And be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, it shall and may be lawful to and for the said Mann Page, the son; and in case of his death, his executors or administrators; and he and they are hereby severally impowered, to sell, for the uses and purposes hereafter mentioned, to any person or persons who shall be willing to purchase the same, the following tracts or parcels of land; to wit, the said tract or parcel of land called Page-land, in the county of Prince William, containing, by estimation, ten thousand six hundred and ten acres, or thereabouts: The said tract or parcel of land called Page-land, in the county of Frederick, formerly Prince William, containing eight thousand and seven acres, or thereabouts: The said tract or parcel of land in the county of Spotsylvania, containing four thousand five hundred acres, or thereabouts: The said tract or parcel of land, at or near Hobb's-Hole in the county of Essex, containing one thousand three hundred and eighty acres, or thereabouts: The said tract or parcel of land, called Pamocra, in the county of James city, containing nine hundred acres, or thereabouts: The said seven hundred acres of land, or thereabouts, adjoining the city of Williamsburg, in the county of York: The said tract or parcel of land, called Neck of land, in the county of James City, containing one thousand seven hundred acres, or thereabouts: The said tract or parcel of land, called Pampatike, in the county of King William, containing one thousand acres, or thereabouts: And the said tract or parcel of land in the county of Hanover, purchased by colonel Matthew Page, of colonel William Bassett, deceased, containing two thousand acres, or thereabouts. |
| IX. And be it further enacted, That the said Mann Page, the son; and in case of his death, his executors or administrators, shall and may, and he and they are hereby further impowered, to make and execute all deeds and conveyances, necessary in the law, for assuring unto such purchaser or purchasers, a good estate, in fee simple, in the lands so to be purchased: And such purchaser or purchasers by virtue of such deeds and conveyances, and this act, shall, for ever hereafter, peaceably and quietly hold and enjoy the lands so purchased, to them, and their heirs, for ever. And the money paid by such purchaser or purchasers, shall be applied, in the first place, for and towards the paiment and discharge of the debts of the said testator, Mann Page, still remaining unpaid, and for and towards the reimbursing the said Mann Page, the money by him so advanced, as aforesaid; and afterwards, for and towards the paiment and discharge of the several legacies and portions, given and devised by the said testator to his three younger sons and daughters. | |
| X. And be it further enacted, by the authority aforesaid, That the following slaves, part of the slaves devised by the said testator, to his son, the said Ralph Page, to wit, Abram, Barnaby, John, Rachel, Lucy, Mary, Bob, Nanny, Billy, John, Tom, Beck, Nanny, Lucy, Bob, Judy, Alice, John, Frank, Joshua, Solomon, Jemmy, Jack, Margaret, Daniel, Jemmy, Sarah, Anthony, now being upon, and belonging to the quarter at Rosewell; James, Nicholas, Hannah his wife, Nell, Rachel, Harry, Billy, Davy, Jemmy, Bob, London, Isabel, Sue, Moses, Aaron, Sarah, Olliver, Dick, Jack, now being upon, and belonging to Clay-Bank quarter; Jack, Betty his wife, Billy, Dick, Bridget, Nat, Edmund, Betty his wife, Dick, Jeffry, Mary, John, London, Harry, Jack, Jemmy, Betty, Charles, Frank, Mat, Will, and Tony, now being upon, and belonging to Clement's quarter; all which said quarters are in the county of Glocester, and the increase of the said female slaves, so long as any of them shall be living, shall be annexed to the lands in the said county of Glocester, devised by the said testator to his said son Ralph, and shall be vested in the said Mann page, the son; and shall pass in descent, remainder, |
| and reversion, to such person and persons, and fo[r] such estate and estates, and subject to the like limitations, as the last mentioned lands in the county of Glocester, are, and stand limited, by the last will and testament of the said Mann Page, deceased: And that the said Mann Page, the son, his executors or administrators, shall be, and he and they is and are hereby impowered, to sell and dispose of such part of the said personal estate, and so many of the remaining slaves and negroes, belonging to the estate of the said testator Mann Page (except that part thereof which was given and bequeathed to the said John Page, as aforesaid) as he, the said Mann Page, the son, his executors or administrators, shall judge proper, and which may be sufficient, to make up what part the said lands may prove deficient, in discharge of the said debts, legacies, and monies, already disbursed by the said Mann Page, as aforesaid, and the money so to be raised by the sale of the said personal estate and negros, shall be accordingly applied by the said Mann Page, his executors and administrators. | |
| XI. And be it further enacted, That the absolute right, property, and interest of, and in all the other negros, slaves, and personal estate, aforesaid, (except as before excepted shall be and remain, and is hereby declared to be and remain, in the said Mann Page, the son, his heirs, executors, administrators, and assigns, and to his and their own proper use and benefit; and to no other use and benefit whatsoever. | |
| XII. Saving to the king's most excellent majesty, his heirs and successors, and unto all and every other person and persons, bodies politic or corporate, their heirs and successors, other than the persons claiming under the last will and testament of the said Mann Page, deceased, their heirs, executors, administrators, or assigns, all such right, title, estate, interest, claim, and demand whatsoever, of, in, and to all or any of the lands and slaves before mentioned and described, as they or any of them had, should, or might have had, if this act had never been made. | |
| XIII. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. XXXVIII. | ||
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| I. WHEREAS Thomas Wright Belfield, late of the county of Richmond, gent. deceased, was in his life time seised, in fee simple, of and in one certain tract or parcel of land, lying and being in the said county, whereon he lived, containing, by estimation, fifteen hundred acres, or thereabouts, with the appurtenances; and of another tract or parcel of land, lying and being in the county of Orange, containing four hundred acres; and of another tract or parcel of land in the last mentioned county, containing eleven hundred acres: And was also seized, in fee tail, of and in a moiety or half part of twelve hundred acres of land, with the appurtenances, lying and being in the county of Lancaster; and of a moiety or half part of twelve hundred acres of land, with the appurtenances, lying and being in the county of Essex; and also possessed of several negros, and some personal estate: And so being seised and possessed, made his last will and testament in writing; and thereby he directed, that such part of his lands as his executors should think fit, should be sold, for the paiment of his debts; and of his said will, appointed Mary Belfield his widow, John Belfield and William Jordan, gentlemen, executors; and soon afterwards, departed this life, much more indebted than the value of his fee simple lands, slaves, and personal estate amounted to: And the said executors, pursuant to the said will, have made sale of the said lands whereof the said testator died seised, in fee simple, in order to pay his debts; and the said Mary Belfield, in behalf of the said John Belfield, the testator's eldest son, and heir at law, hath agreed for the purchase of the said tract or parcel of land, in the county of Richmond, but cannot raise money sufficient to pay the consideration for the same. | John Belfield, authorised to sell certain lands. | |
| II. And whereas the said intailed lands, in the counties of Lancaster and Essex, are descended, and become vested in the said John Belfield, who is an infant, of the age of nineteen years and upwards; and it hath been represented unto this General Assembly, |
| on behalf of the said John Belfield, that the lands in the counties of Lancaster and Essex, descended to him, as aforesaid, lie remote and inconvenient, and are under the value of two hundred pounds, respectively; and that it would be greatly for the advantage of the said John Belfield, if he might be enabled to sell the said intailed lands, and to apply the money arising from such sale, towards paying for the lands in the said county of Richmond, which the said Mary Belfield hath purchased for his use: Therefore, at the humble suit of the said John Belfield, | |
| III. 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 it shall and may be lawful to and for the said John Belfield, to sue out a writ from the secretary's office, in the nature of an ad quod damnum, pursuant to the act of Assembly, made in the eighth year of the reign of his present majesty, for amending the act, intituled, an act for settling the titles and bounds of lands; and for preventing unlawful shooting and ranging thereupon; and if the lands whereof he is seised in tail, as aforesaid, shall be, respectively, found not to exceed the value of two hundred pounds sterling, and not to be parcel of, or contiguous to other intailed lands, of the said John Belfield, then, by deed or deeds of bargain and sale, according to the directions of the said act, by and with the approbation of the said Mary Belfield, and of James Skelton, of the county of Hanover, gent. to make sale of the said intailed lands in the said counties of Lancaster and Essex, for the best price that can be got, to any person or persons who shall be willing to purchase the same: and the execution of such deed or deeds, shall be as good, binding, and available, to all intents and purposes, as if the said John Belfield had attained the age of twenty one years at the time of suing forth such writ or writs, or at the time of Execution of such deed or deeds; or any other act, matter or thing relating thereto: And the purchaser or purchasers his or their heirs and assigns, shall, forever thereafter, peaceably and quietly possess and enjoy the said Lands, accordingly. Any law, custom, or usage, to the contrary thereof, in any wise notwithstanding. |
| IV. And be it further enacted, by the authority aforesaid, That the money arising by the sale of the said lands, if sold, shall be paid to the said Mary Belfield, and James Skelton, or to the Survivor of them; and shall be by them applied for and towards the paiment of the consideration money, agreed to be given for the lands in the county of Richmond, aforesaid: Which said last mentioned lands, in case the consideration aforesaid be satisfied, shall be conveyed to the said John Belfield; to hold to him, his heirs and assigns for ever. | ||
| CHAP. XXXIX. | ||
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| I. WHEREAS Charles Smith, late of the county of Essex, deceased, was in his life time, seized, in fee simple, of several tracts or parcels of land; and more particularly of a plantation and tract of land, containing, by estimation, five hundred acres, with the appurtenances, scituate, lying and being in the parish of St. Mary's, then in the county of Essex, but now in the county of Caroline: And being so seised by indenture, bearing date the fifteenth day of September, in the year of our lord one thousand seven hundred and seven, made between him, the said Charles Smith, of the one part, and Micajah Perry, Thomas Lane, and Richard Perry, of London, Merchants, of the other part, in consideration of the sum of six hundred and ninety pounds sterling, did bargain and sell among, others, unto the said Micajah Perry, Thomas Lane, and Richard Perry, the said plantation and tract of land; to hold unto them, their executors and assigns, for the term of one thousand years, under the yearly rent of one ear of Indian corn; upon condition or proviso, nevertheless, that if the said Charles Smith, his heirs, executors, administrators, or assigns, should well and truly pay or cause to be paid, unto the said Micajah Perry, Thomas Lane, and Richard Perry, their executors, administrators, or assigns, the sum of seven hundred and thirty one pounds eight shillings | Port Royal in Caroline established. |
| sterling, upon the sixteenth day of September, which should be in the year of our Lord one thousand seven hundred and eight, that then the said indenture, and the bargain and sale thereby made, and every thing therein contained, should cease, determine, and be utterly void, as in the said indenture more fully is contained: And the said Charles Smith, sometime after the making the said indenture, departed this life, leaving Robert Smith, his eldest son, and heir at law, to whom the reversion of the said lands descended. | |
| II. And whereas the said Charles Smith, in his life-time, and his representatives after his death, failed in the paiment of the said seven hundred and thirty one pounds eight shillings sterling, according to the Proviso or condition aforesaid; and the said Micajah and Richard Perry, who were the surviving mortgagees, by indenture, made by their attorney for that purpose appointed, bearing date the thirtieth day of October, in the year of our Lord one thousand seven hundred and nineteen, for the consideration of one hundred and seventy pounds sterling, did bargain, sell, and assign, unto John Catlett, late of the county of Essex, gent. deceased, and Rowland Thornton, late of the county of King George, deceased, their executors, administrators, and assigns, the said plantation, and five hundred acres of land, with the appurtenances, and all the estate, term, and time, then to come, of the said one thousand years, of them the said Micajah and Richard Perry of and into the same. | |
| III. And whereas the said John Catlett and Rowland Thornton, are since dead, and their executors and representatives have preferred their bill in Chancery, which is now depending in the General court of this Colony, against the said Robert Smith the son, and heir at law, in order to obtain a decree, either for the paiment of the said one hundred and seventy pounds, and the interest incurred thereon, or to foreclose the equity of redemption of the said plantation and lands, with the appurtenances; since the commencement of which said suit, the said Robert Smith departed this life, having, before his death, made his last will and testament, in writing: and thereby impowered and directed Richard Taliaferro, of the county of Caroline, gent. to lay off into lots, sixty acres of land, part of the said five hundred acres, next adjoining to |
| the river, in the most convenient manner, for a town; and to sell the same, in order to raise money to redeem the said plantation and lands so mortgaged, as aforesaid: And, by his said will, did give and devise to his wife and two sons, Lawrence and Charles, each one lot; and after several other particular legacies and bequests, given in the said will, the said Robert Smith gave all the rest of his estate, of what property or nature so ever, to be equally divided, between his wife and four children, Lawrence, Charles, Elizabeth, and Dorothy, and the survivors of them, and their heirs, for ever. | |
| IV. And whereas the said Richard Taliaferro, in pursuance of the power and authority to him given, by the said will, hath surveyed and laid off into lots, sixty acres of the said land, in the most convenient manner, for a town; and hath represented to this General Assembly, that the same is a place healthful, convenient, open to trade and navigation, and that the establishing a town there, and selling the lots, is the only expedient to raise money to redeem the said mortgaged premises, and preserve the negros and personal estate of the said Robert Smith, for his widow and children: | |
| V. 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 the said sixty acres of land, so as aforesaid surveyed and laid out by the said Richard Taliaferro, shall be vested in Charles Carter, William Beverley, Lunsford Lomax, Thomas Turner, John Baylor, Richard Taliaferro, and Olliver Towles, gentlemen, and their successors, in trust, for the several purposes herein after mentioned: And the said Charles Carter, William Beverley, Lunsford Lomax, Thomas Turner, John Baylor, Richard Taliaferro, and Olliver Towles, gentlemen, are hereby constituted directors and trustees, for building, carrying on, and maintaining a town on the said land; and they, or any three of them, shall have full power to meet as often as they shall think necessary, and shall set apart such land for a market place, and public landings, as they shall think most convenient; and if the same shall be necessary, shall direct the making of wharfs and cranes at such public landings, for the |
| public use: And the said directors and trustees having first laid out and set apart and conveyed one lot to each of them, the said widow of the said Robert Smith, and his sons Lawrence and Charles Smith, devised to them as aforesaid, shall have full power and authority, to sell the residue of 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 conveyance or conveyances, convey the fee simple estate of such lot or lots to the purchaser or purchasers; and he or they, and his and their heirs and assigns, respectively, shall and may thereafter, peaceably and quietly have, hold, possess and enjoy the same, freed and discharged of and from all right, title, claim, interest and demand, whatsoever, of the assignees of the said recited mortgage, and also of the heirs of the said Robert Smith, and all other persons claiming under him, them, or either of them. | |
| VI. And be it further enacted, by the authority aforesaid, That 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 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 high ways in this colony. | |
| VII. 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 or them 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 registered in the books of the said directors. | |
| VIII. And be it further enacted, by the authority aforesaid, That the said trustees and directors shall apply the money, arising by the sale of the said lots, in manner following: That is to say, in the first place, for and towards the satisfying and paying any such judgment or decree as shall be obtained, by the assigness of the said mortgage, in the suit herein before mentioned, to be depending in the general court, or any other suit to be brought for the same, together with the costs and charges which shall be awarded and expended; and if any money shall remain, after the paiment of such judgment, or decree, and costs, then to pay and allow one fifth part of such overplus, to the widow of the said Robert Smith, and to put out to interest upon good and sufficient security, the remaining four parts, in trust, to and for the joint benefit of Lawrence Smith, Charles Smith, Elizabeth Smith, and Dorothy Smith, the children of the said Robert Smith, or the survivors of them, and the representatives of them, in equal proportions, when they shall, respectively, attain the age of twenty one years, or marriage. −− And be it further enacted, That the said town shall be called by the name of Port Royal. | |
| IX. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the person or persons claiming under the above recited mortgage, and the heirs of the said Robert Smith, 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. | |
| X. Provided always, That if the said trustees and directors, or the executors of the said Robert Smith, shall not satisfy and pay the said judgment, or decree, and costs to be obtained as aforesaid, within two years after the obtaining of the same, that then the assignees of the said mortgage, shall be, and they are hereby vested again, with the same right, title, and interest, in and to the said sixty acres of land, laid out into a |
| town, as aforesaid, as if this act had never been made, any thing herein contained to the contrary, notwithstanding. |
| Pages 257-273
| Pages 292-309
|