Pages 274-292 
|  Pages 310-326
|
| Pages 274-292
| Pages 310-326
|
| CHAP. XL. | ||
| ||
| I. WHEREAS William Brent, late of the county of Stafford, gent. dec'd. was in his life time, seised in fee tail, of and in divers large tracts or parcels of land, lying and being in the said county of Stafford, and of the county of Prince William; and possessed of some slaves and personal estate; and so being seised and possessed, departed this life, in the year one thousand seven hundred and forty two, leaving issue William Brent, his eldest son, and heir at law, to whom the said lands descended; and having first made his last will and testament, and thereof appointed Henry Fitzhugh, esq. and Peter Hedgman, gent. of the same county of Stafford, his executors, and guardians to his said son. | Peter Hedgman authorised to apply certain rents of lands to payment of debts of Wm. Brent. | |
| II. And whereas the said testator, in his lifetime, having a right to a large parcel of lands in the province of Maryland, in the possession of Benjamin Tasker, esq. did commence a suit for the same, in the said province, and obtained a recovery; from which judgment the said Benjamin Tasker appealed to his majesty in his privy council: And the said testator, in his life time, went to Great Britain to defend the said appeal; where, being entirely destitute of money, John Philpot, and John Buchanan, merchants, in London, upon the credit of his title to the last mentioned lands, did advance the sum of three hundred pounds sterling, to enable him to defend the said appeal, which was determined in his favour: And the said testator in his life time, always expressed himself very desirous, that the said money should be repaid. | ||
| III. And whereas the slaves and personal estate of which the said testator died possessed, are exhausted |
| in paying the debts, which he owed at the time of his death, to sundry persons in this colony; and the money so due to the said Philpot and Buchanan, with the interest thereupon, is still unpaid. | |
| IV. And whereas the rents and profits, arising from the said lands, in the counties of Stafford and Prince William, and in the province of Maryland, will be more than sufficient to maintain the said William Brent, the son, to whom the said lands are descended, and to pay the said three hundred pounds sterling, and interest; yet the said Peter Hedgman, the surviving guardian, (the said Henry Fitzhugh being now dead) cannot pay the same out of the said rents and profits, nor lay out the overplus of the said rents and profits, after maintaining the said William Brent, the son, in slaves and stocks, to be placed on the said lands, for the benefit of the said orphan, unless he may be impowered so to do, by act of Assembly: Therefore, at the humble suit of the said Peter Hedgman, | |
| V. 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 Peter Hedgman, and his is hereby authorised and impowered, after maintaining and educating the said William Brent, the son, suitable to his circumstances, to lay out and apply the residue of the rents and profits arising from the lands, descended to the said William Brent, as aforesaid, in the first place, for and towards the paiment and discharge of the said three hundred pounds, and interest, or so much thereof as is or shall be due to the said Philpot and Buchannan; and afterwards in purchasing slaves and stocks, to be placed upon the lands aforesaid, of the said William Brent, for his use, in cultivating and improving the said lands; and to no other use whatsoever. | |
| VI. Provided always, That this act shall continue and be in force, during the time the said Peter Hedgman shall continue guardian to the said William Brent, the son, and no longer. |
| CHAP. XLI. | ||
| ||
| I. WHEREAS Susannah Cooper, of the county of New Kent, late Susannah Sanders, some time in the year of our lord one thousand seven hundred and seventeen, intermarried with one Isles Cooper; and at the time of such marriage, was possessed of a personal estate. | Susannah Cooper authorised to dispose of her property as a feme sole. | |
| II. And whereas the said Isles Cooper, at the time of such marriage, was a person of no fortune or circumstance, and in less than three years after the said marriage, left the said Susannah, and went to parts unknown to her, having first spent and consumed great part of the estate brought him by the said Susannah, and also contracted several debts; for satisfaction whereof, his creditors, after his departure, seised, and took in execution, the small remainder, left by him, of the said estate: Whereby the said Susannah was reduced to the utmost misery and distress, and was obliged, for some time, to depend upon the charity and assistance of her friends and relations for support: And the said Isles Cooper, some small time after his departure, married to another wife, who in a little time died; and soon after married again to a third wife, by whom he had several children, some of which are now living. | ||
| III. And whereas the said Susannah hath made humble suit, by petition, to this present General Assembly, setting forth the matters aforesaid; and that she hath received no letter from the said Isles Cooper for these twenty odd years past: And also, that since her said husband's departure, she hath, by her industry, been enabled to purchase a few slaves, and hath also acquired a small personal estate, though not sufficient to support her, in the decline of life, so comfortably as she might be supported if she was at liberty to dispose of any part of such estate, so by her acquired; but that no purchaser will treat with her on account of her coverture: And further setting forth, that in her present unhappy situation, she is exposed to many injuries, |
| some persons committing trespasses on her tenements, and others refusing to perform their contracts and agreements with her; for which wrongs and injuries, she is advised she can maintain no action in her own name, unless her husband be actually dead: And moreover being desirous to make provision for a son she hath by the said Isles Cooper, and to leave him the small estate she hath, or may have in possession, at the time of her death; which, she is also advised, she cannot do, by law, in case her husband should happen to be living, without an act of Assembly to enable her so to do: | |
| IV. Therefore, in as much as the said Isles Cooper hath been absent so many years, and intermarried with other women, though he knew the said Susannah was living, and hath utterly neglected to make any provision for the maintenance of her, the said Susannah Cooper, during all that time; it is reasonable that the said Susannah should have power, notwithstanding her said husband is now living, to dispose of such estate as she hath acquired by her own industry, since her said husband left her: May it please your most excellent majesty, at the humble suit of the said Susannah Cooper, that it may be enacted; | |
| V. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said Susannah Cooper shall and may, and she is hereby enabled, notwithstanding the said Isles Cooper her husband, is now living, by her last will and testament, or otherwise, to give, sell, and dispose of all, or any part of the slaves, or personal estate, whereof she now is, or hereafter shall be possessed, in the same manner as she might, or could dispose of the same, if the said Isles Cooper was naturally dead, and the said Susannah Cooper was actually and really a feme-sole. | |
| VI. And be it further enacted, by the authority aforesaid, That the said Susannah Cooper shall, and may, and she is hereby enabled, at all times hereafter, by the name of Susannah Cooper, to make contracts and agreements, in her own name, and to sue and be sued, in all courts of judicature within this colony, as a feme sole may, or can, by law, notwithstanding the |
| said Isles Cooper is living: And that none of the estate, whereof the said Susannah Cooper now is, or hereafter be possessed, shall be subject or liable to the debts, controul, or disposition of the said Isles Cooper, though he be living; but that the same shall, for ever hereafter, remain and be for the sole and separate use and behoof of the said Susannah Cooper, her heirs, executors, or administrators, or such other person or persons, to whom she shall give, grant, convey, or devise the same, as aforesaid. Any law, statute, custom, or usage, to the contrary, notwithstanding. | |
| VII. Provided always, That notwithstanding the said Isles Cooper be now living, and the said Susannah shall survive him, that she, the said Susannah, shall not claim, have, or be intituled to any part or share of the estate of the said Isles Cooper, either real or personal; but that she the said Susannah, shall be, and is hereby utterly excluded and barred from all dower and thirds, or other part or share of the estate of the said Isles Cooper, either real or personal. Any law, statute, usage, or custom, to the contrary notwithstanding. | |
| VIII. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the person or persons claiming under the said Isles Cooper, all right, title, estate, interest, claim, and demand, as they, every, or any of them, should or might have had or claimed, if this act had never been made. | |
| IX. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. XLII. | ||
| ||
| I. WHEREAS Nathaniel West, late of the county of King William, was, in his life time, seised, in fee-simple, of and in a certain tract of land and plantation, in the county of King William, aforesaid, called and known by the name of the Home House, containing, by estimation, one thousand acres, or thereabouts; and was also seised, in fee-tail, of a tract of land, in the said county, called Apperchanking's old-field, containing, by estimation, six hundred and fifteen acres: And being so seised, made his last will and testament, in writing, bearing date the twenty second day of July, one thousand seven hundred and twenty seven; and therein did devise to Thomas West, his brother, the plantation and tract of land, called the Home-House; and to his other brother, Francis West, the tract of land and plantation, called Apperchanking's old-field; on condition, that the said Thomas West should not sue for, or recover, of the said Francis West, the said Apperchanking's old field tract of land, as heir at law to his father, Thomas West; to whom it was devised, in tail, by John West, the grandfather of the said Nathaniel West. | Entail of certain lands docked, and vested in Francis West. | |
| II. And whereas, by virtue of the said will, the said Francis West entered into the said tract of land, called Apperchanking's old field; but being very young when he took possession thereof, and then under the tuition of his brother, Thomas West, did, without consulting the will of his said grandfather, or being advised thereof, built and make great improvements thereon. | ||
| III. And whereas also, the said Thomas West, by virtue of the said recited will, did possess himself of the Home-House tract of land and plantation; but knowing that he was heir to a very valuable tract of land, called West-Point, and intending to move there immediately after the death of Judith Butts, who was |
| tenant for life thereof, suffered the houses on the Home plantation to decay, and become ruinous. | |
| IV. And whereas some time afterwards, and a little before the death of the said Thomas, he being apprehensive of the great injury the said Francis was like to sustain by his heir at law, his suing for and recovering the said Apperchanking's old-field tract of land, made his last will and testament, in writing, and thereof did appoint Martha West his executrix, and therein made a recital of the whole affair; and did thereby require and direct his executrix to make application to the General Assembly, that an act might pass, for vesting the fee-simple estate of the said tract of land and plantation, called Apperchanking's old-field, in Francis West, pursuant to the intentions of the said Nathaniel; and that in lieu thereof, the tract of land and plantation, called Home-House, should descend and go, in the same manner, and be under the same limitations, as the tract of land and plantation, called Apperchanking's old field, might or should go and descend, by the will of the said John West, the grandfather. | |
| V. And forasmuch as the said Home-House tract of land and plantation, is of greater value than the said tract of land and plantation, called Apperchanking's old-field; and notice has been published three Sundays successively, in the church of the parish where the said lands lie, that the application would be made to this General Assembly, pursuant to the directions of the will of the said Thomas West, to vest the said Apperchanking's old field tract of land, containing six hundred and fifteen acres, with the appurtenances, in the said Francis West, in fee-simple; and to settle the said Home-House tract of land and plantation, containing one thousand acres, or thereabouts, to the uses as the said six hundred and fifteen acres are settled, by the last will and testament of the said John West, the grandfather, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said Martha West, executrix of the last will and testament of the said Thomas West, deceased, and of Francis West, brother of the said Thomas West, that it may be enacted; | |
| VI. And be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, |
| and by the authority of the same, That the said tract of land and plantation, called Apperchanking's old-field, containing six hundred and fifteen acres, so as aforesaid devised by the last will and testament of the said Nathaniel West, be, and are hereby vested in the said Francis West, his heirs and assigns; to the only use and behoof of him the said Francis West, his heirs and assigns, for ever: And that the said tract of land and plantation, called the Home-House, containing one thousand acres, or thereabouts, in the said county of King William, shall be, and are hereby vested in the right heir at law to the said Thomas West, deceased, and under the same restrictions, remainders, and limitations, as by the will of the said John West, the grandfather, is appointed and limited; and that he, and all and every person or persons whatsoever, who by the said last will and testament, might have claimed the six hundred and fifteen acres of land, hereby vested in the said Francis West, as aforesaid, shall, forever hereafter, hold and enjoy the said one thousand acres of land, or thereabouts, with the appurtenances, successively, as they might have claimed and held the said six hundred and fifteen acres, if this act had never been made. | |
| VII. 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 six hundred and fifteen acres of land, under the last will and testament of the said John West, the grandfather, 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. | |
| VIII. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. XLIII. | ||
| ||
| I. WHEREAS George Carter, late of Middle-Temple, in London, Esq. deceased, was, in his life time, seised, in fee-tail, of and in divers tracts or parcels of land, lying and being in this colony; and was also seised, in fee-simple, of one certain tract or parcel of land, containing three thousand three hundred and twelve acres, lying and being in the counties of Prince William and Fairfax, at the upper thoroughfare of the Blue Ridge, known by the name of Ashby's Bent, including the same, granted to him by the proprietors of the Northern Neck of this colony, by deed poll, bearing date the twenty ninth day of June, in the year of our lord one thousand seven hundred and thirty one; and of one other tract or parcel of land, containing two thousand nine hundred and forty one acres, lying and being in the said county of Prince William, granted to him by the said proprietors of the Northern-Neck, by deed poll, bearing date the same day and year aforesaid; and of one other tract or parcel of land, containing six thousand nine hundred and forty three acres, lying and being in the county of Prince William aforesaid, being the part and share allotted to him of a larger tract, containing forty one thousand six hundred and sixty acres, granted to Landon Carter, the said George Carter, Lewis Burwell, Carter Burwell, Robert Burwell, Mann Page, and Carter Page, by the proprietors of the Northen-Neck aforesaid, by deed poll, bearing date the ninteenth day of September, in the year of our lord one thousand seven hundred and twenty four; and of one other tract or parcel of land, containing eight thousand three hundred and sixty five acres, lying and being in the county of Frederick, being the part and share allotted to him of a larger tract, containing fifty thousand two hundred and twelve acres, granted to the said Landon Carter, George Carter, Carter Burwell, Robert Burwell, Carter Page, and Robin Page, Benjamin Harrison, Robert Carter, Nicholas and Robert Carter, Junior, | Certain lands of George Carter, in Prince William and Fairfax vested in trustees. |
| by the proprietors of the Northern Neck aforesaid, by deed poll, bearing date the twenty second day of September, in the year of our lord, one thousand seven hundred and thirty; and was also possessed of a great number of slaves, and stocks of cattle, and other personal estate, upon the several plantations of which he died seised, in tail: And so being seized and possessed, made his last will and testament, in writing, bearing date the second day of January, one thousand seven hundred and forty one; and therein he recited, that by the will of his father, Robert Carter, late of this Colony, esq; deceased, certain lands, therein more particularly described, were given to him, in tail general, or in tail-male, with the remainders limited, after the said estates tail, to several of his brothers, in different orders; and that there were upon the said lands, distinct sets of slaves, stocks, and other utensils, proper for the management of Virginia estates; and declared his will to be, that the said slaves, stocks and other utensils, should go, as far as he was able to limit the same, to the same persons as would be, by virtue of the remainders limited by his father's will, respectively, entituled to the said lands; and that such of his brothers as should, upon his decease, become entituled to the remainders above-mentioned, should have no benefit of any other part of his real or personal estate, any other ways than as before-mentioned, or under such restrictions as was thereafter expressed: And as to the rest of his real estate, he did devise the same to his brother John Carter, esq; and his heirs, in trust; nevertheless, that he should sell the same, and apply and pay the money arising by the sale, to such persons, and in such shares, as, by the laws of Virginia, the personal estate of any one, dying intestate, is distributed; and that the residue of his personal estate, lying, at the time of his decease, either in England, or Virginia, and not therein before or thereafter disposed of, should likewise be distributed in the same manner, as the said personal estate would have been divided, by the laws of Virginia, in case he had died intestate: Provided nevertheless, That such of his brothers as should be entituled, by virtue of his father's will, to the next remainder of any of the lands upon his decease, should have no share of the money arising from the sale of such lands as were directed to be sold, |
| or of the residue of his personal estate, thereby bequeathed, unless they should first bring into hotch potch, the said lands to which they should succeed, upon his decease; and likewise all the stocks, slaves, and utensils, upon the said lands therein before bequeathed to them, as in the said will more fully is contained. | |
| II. And whereas, after the death of the said testator, George Carter, the lands whereof he died seised, in fee tail, did according to the will of his said father, go in remainder to his brother Landon Carter, of the county of Richmond, esq; who is now seised thereof; and also possessed of the said slaves, stocks, and utensils, which were of the said George Carter, at the time of his death, upon the said lands, and hath refused to bring the same into hotch potch. | |
| III. And whereas the said John Carter never executed the trust reposed in him by the said will, and lately departed this life, leaving issue Charles Carter, his eldest son, and heir at law, an infant of tender years: And it hath been represented to this General Assembly, by the persons who are entituled to the money, arising from the sale of the lands of which the said George Carter died seised, in fee simple, that the said lands now lie uncultivated and burthened with quit-rents; and that they are all willing and desirous that the same should be sold, pursuant to the will of the said testator; but the said Charles Carter being an infant, as aforesaid, the same cannot be done, as the case now is, for many years: Therefore, at their humble suit, | |
| 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 from and after the passing of this act, the said tract or parcel of land, containing three thousand three hundred and twelve acres, or thereabouts, with the appurtenances, lying and being in the counties of Prince William and Fairfax; the said tract or parcel of land, containing two thousand nine hundred and forty one acres, or thereabouts, with the appurtenances, lying and being in the said county of Prince William; the said tract or parcel of land, containing six thousand nine hundred and forty three acres, or thereabouts, with the appurtenances, lying and being in the said county of Prince William; and the said tract or parcel of land containing |
| eight thousand three hundred and sixty five acres, with the appurtenances, lying and being in the said county of Frederick; and all the other the lands and tenements in this colony, whereof the said George Carter died seised, in fee simple, be, and they are hereby vested in Charles Carter, Peter Hedgman, Thomas Turner, Benjamin Robinson, George Braxton the younger and William Waller, gentlemen, and the survivors and survivor of them, in fee-simple, in trust; nevertheless, that the said Charles Carter, Peter Hedgman, Thomas Turner, Benjamin Robinson, George Braxton the younger, and William Waller, gentlemen, or any two or more of them, and the survivors and survivor, shall sell, to any person or persons who shall be willing to purchase the same, and for the best price that can be got, all and singular the premises, with the appurtenances, hereby vested in them, and every part and parcel thereof; and shall and may 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 shall, for ever thereafter, peaceably and quietly hold and enjoy the lands and appurtenances so purchased, to them, their heirs and assigns, for ever. And the said trustees shall pay the money arising from such sale or sales, after deducting the necessary charges they shall be at about the same, unto the several persons who by the will of the said George Carter, deceased, are or shall be entituled, thereto according to their several respective and distributive rights, interests, and shares therein. | |
| V. Saving to the king's most excellent majesty, his heirs and successors, and to al land every other person and persons, bodies politic and corporate, their heirs and successors, other than the heirs of the said George Carter, and the persons claiming under his will, all such right, title, estate, interest, claim, and demand whatsoever, of, in, and to all or any of the lands and tenements, hereby vested in the aforenamed trustees, as they, every, or any of them had, should, or might have had, if this act had never been made. |
| CHAP. XLIV. | ||
| ||
| I. WHEREAS, by virtue of an Act of Assembly, made in the thirty second year of the reign of King Charles the second, intituled, An Act, for cohabitation and encouragement of trade and manufacture, fifty acres of land, then supposed to belong to Benjamin Goodrich, at Hobb's-Hole, in the county of Rappahannock, now Essex, and lying on the South side of Rappahannock river, were surveyed for a town, named New-Plymouth, and laid out in lots and streets; and afterwards, by another act, passed in the third year of the reign of King William and Queen Mary, intituled, An Act, for establishing ports and towns, the said fifty acres of land, then being in the County of Essex, were established for a port and town, by the name of Tappahannock: which last mentioned act being suspended, another act, intituled, an act, for confirming titles to town lands, was made, in the fourth year of the reign of queen Anne; whereby it was, among other things, enacted, That where any county or counties had purchased, laid out, and paid for any lands, for ports or towns, pursuant to the said act, For ports, &c. or to any other act of Assembly, and had vested the same in feoffees or trustees, according to the said act or acts, such feoffees or trustees so invested, were thereby declared to have a good, absolute, and indefeasible estate, in fee, in such lands respectively, which had not been disposed of by the former trustees, in trust and confidence, to and for the uses in the said act, for ports, &c. mentioned; and for no other use or purpose whatsoever: And the said land or lands were thereby confirmed to the said feoffees or trustees, in fee, to such use or uses. Any thing in the said suspension, or any other law, statute, usage, or custom, to the contrary, in any wise, notwithstanding. | Tappahanock town of, recital of its establishment. | |
| II. And whereas the said lots were, by the said feoffees and trustees, sold, for the purposes in the said recited acts mentioned; and upon an exact survey of the bounds thereof, as the same were then laid out, |
| and have been since built upon, made the thirty first day of August, one thousand seven hundred and forty four, by Robert Brooke, gent. surveyor of the county of Essex, it appeared, that seventeen acres, parcel of the fifty acres, laid out as aforesaid, were and are no part of the lands of Benjamin Goodrich; but were found to be within the bounds of a grater tract, formerly belonging to Robert Payne, and now in the possession and tenure of Robert Spilsbee Coleman, who never had received any satisfaction for the same: And it being reasonable that the true proprietor should have the full value of his land, taken away by the said acts; and that the purchasers under those acts should be confirmed in their estates: Therefore, for removing all controversies, | |
| 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 the said seventeen acres of the said Robert Spilsbee Coleman's land, included within the old bounds of the said town, and the course of the river, be, and the same are hereby vested in the present trustees and feoffees of the said town, and their successors, for ever, in as full and ample manner, to all intents and purposes, as if the same had been part of the land of the said Benjamin Goodrich, to and for the uses and purposes in the before recited acts mentioned: And that all persons who have purchased and paid for any lot or lots of any of the trustees or feoffees, and have fully complyed with the conditions in the said laws mentioned and set down; and that all persons who have purchased any lot or lots, part of the said seventeen acres, under the feoffees and trustees of the said town, appointed by virtue of the said acts, or any of them, and their heirs and assigns, respectively, shall, for ever hereafter, be vested, and stand seised, of and in an absolute estate of inheritance, in fee-simple. | Certain lots therein vested in the purchasers. |
| IV. Provided always, That there shall be paid, by the justices of the said county, to the said Robert Spilsbee Coleman, or his assigns, before the first day of September next, the sum of twenty five pounds; which is hereby declared to be in full satisfaction, for all his right or title in or to the said premises, or any part thereof. |
| CHAP. XLV. | ||
| ||
| I. WHEREAS William Banks, late of the parish of St. Stephen, and county of King and Queen, was, in his lifetime, seised, in fee-simple, of and in twelve hundred acres of land, with the appurtenances, scituate lying and being in the parish and county aforesaid; and by his last will and testament, in writing, bearing date the tenth day of November, in the year of our lord one thousand seven hundred and nine, devised the same, by the name and description of his house and dividend of land whereon he then lived, to his son Ralph, conditionally, that he should no way alienate or transfer the same, to any other use than the use or uses that should be by him, the said testator, therein declared, and to the heirs of his body, lawfully begotten, meaning his children present, or hereafter, to whom the right of inheritance of, in, and to the said land, should descend and go, in case they or any of them survive him, as in and by the said will may more fully and at large appear: And sometime afterwards, the said William Banks died, so as aforesaid seised; after whose death, the said Ralph Banks entered into the said lands, with the appurtenances, so as aforesaid devised, and was thereof seised, in fee-tail, and so died so seised, some time in or about the year of our lord one thousand seven hundred and thirty five; after whose death, the said twelve hundred acres of land with the appurtenances, descended and came to William Banks, as heir of the body of the said Ralph Banks, his father; which said last mentioned William Banks, bargained and sold four hundred and twenty acres, part thereof, to George Braxton, the younger, of the parish and county aforesaid, gent. | Certain lands in King Wm. entailed on Wm. Banks, vested in John Norton. | |
| II. And whereas, on the application of the said George Braxton, to the last Assembly, an act was made, to vest the said four hundred and twenty acres of land, with the appurtenances, parcel of the said |
| twelve hundred acres of land, so as aforesaid, by the last will and testament of the said first mentioned, William Banks, devised, in the said George Braxton, the younger, his heirs and assigns; to the only use and behoof of the said George Braxton, his heirs and assigns, for ever: And that a water grist-mill, and three hundred and ninety four acres of land, with the appurtenances, in the county of King William, whereof the said William Banks was seised, in fee-simple, should be, and were thereby vested in the said William Banks, son of the said Ralph Banks, and the heirs of his body, lawfully begotten for ever: And that he, and all and every person or persons whatsoever, who, by the last will and testament of the said William Banks the testator, might have claimed the four hundred and twenty acres of land, thereby vested in the said George Braxton, as aforesaid, should, for ever thereafter, hold and enjoy the said water grist-mill, and three hundred and ninety four acres of land, in the said county of King William, with the appurtenances, successively, one after another, as they might have claimed and held the said four hundred and twenty acres of land, if that act had never been made. | |
| III. And whereas the said last mentioned William Banks, hath a great number of children, and is not able to make provision for them; neither had he negros sufficient to work the remainder of the said twelve hundred acres of land; so that the same was not only burthensome to him, but would also be a burthen to his heir, to whom the said land is to descend, rather than a benefit. And whereas the said William Banks hath sold and conveyed the aforesaid water grist-mill, and three hundred and ninety four acres of land, with the appurtenances, in the county of King William, to John Norton, gent. of the said county, to enable him to purchase negros, for the benefit of his heir. | |
| IV. And forasmuch as notice has been published three Sundays successively, in the church of the parish of St. John, wherein the said mill and land lie, that application would be made to this General Assembly, to vest the said mill and three hundred and ninety four acres of land, with the appurtenances, in the said John Norton, in fee-simple, upon setting slaves of greater value, to the same uses, as the said mill and three hundred |
| and ninety four acres of land were settled, by the said act of Assembly, pursuant to your majesty's royal instructions: May it therefore please your most excellent majesty, at the humble suit of the said William Banks and John Norton, that it may be enacted; | |
| V. And be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said water grist-mill, and three hundred and ninety acres of land, with the appurtenances, in the said county of King William, so as aforesaid settled, in lieu of the said four hundred and twenty acres of land, parcel of the said twelve hundred acres, so as aforesaid devised, by the last will and testament of the first mentioned William Banks, by the said act of Assembly, be, and are hereby vested in the said John Norton, his heirs and assigns; to the only use and behoof of him, the said John Norton, his heirs and assigns, for ever: And that the negro slaves hereafter named, to wit, Tom, Primus, London, Banno, Bacchus, Betty, Parthena, Violet, Judy, Mirtilla, Windsor, and George, and their future increase, so long as any of them shall be living, shall be, and are hereby annexed to the said land, called the home house residue of the said twelve hundred acres; and shall descend, pass, and go, with the residue of the said twelve hundred acres of land, in remainder and reversion, in the same manner, and under the same limitations, and to the same uses, as the said water grist-mill, and three hundred and ninety four acres of land are limited, by the before recited act of Assembly. Any law, statute, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| VI. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. | |
| CHAP. XLVI. An Act for raising a Public Levy. | |
| I. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the | Taxes from 1742 to 1744. |
| same, That six pounds of tobacco be paid, by every tithable person within this dominion, for the defraying and paiment of the public charge of the country; being the public levy from the sixth day of May, one thousand seven hundred and forty two, to the fourth day of September, one thousand seven hundred and forty four; and that it be paid by the collectors of the several counties, to the several persons and counties, respectively, to whom it is proportioned by this General Assembly: And if it shall happen, that there shall be more tithables in any county than the present levy is laid on, then such county shall have credit for so much, to the use of the county; and if fewer tithables in any county, then such county shall bear the loss. | |
| II. Provided always, That where any allowance is made in the book of proportions, to any county, to be paid in the same county, no more per poll shall be collected, from the tithables of such county, than will discharge the ballance, after such allowance shall be deducted: And that every county court shall regulate the levy accordingly. | |
| III. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the time of giving bond for the due collection and paiment of the next county levy, also give bond and security, for the due collection and paiment of the public levy, now laid and assessed. |
| Pages 274-292
| Pages 310-326
|