Pages 382-400 
|  Pages 415-431
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| Pages 382-400
| Pages 415-431
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| AT A General Assembly, SUMMONED TO BE HELD AT |
Wm. Gooch, esq. governor. | |
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 CHAP. I. | ||
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| I. WHEREAS his most sacred majesty, for vindicating the honor of his crown, and for restoring the peace and tranquility of Europe, is engaged in a just and necessary war against the French king; and with a fervent and paternal vigilance, ever meditating the advancement of his peoples happiness, and the confusion of our common enemy, hath resolved on an important expedition to the Northward, and required his American colonies to second it with their united forces and abilities; and hath instructed his lieutenant-governor of this colony, to inlist men with all | 4000l. appropriated for an expedition against Canada. |
| possible speed, who, with the levies made in the other governments, are to rendezvous at Albany, in New-York, and thence proceed to act in conjunction with the troops from Great-Britain, in the conquest of Canada: And his majesty hath been pleased to declare, that both officers and men are to enter into his pay, from the respective days of their engaging and inlisting, and moreover, that an allowance shall be made for arms and cloaths; this present General Assembly, desirous to give the utmost testimony of their loyalty and affection to his majesty's person and government, and to contribute towards such expedition, have resolved to give such a sum of money as the circumstances of this colony will allow towards defraying the said expence and charges, notwithstanding the present low condition of the public treasury, and that money cannot be raised, without borrowing the same on the credit of the small revenues arising by the duties upon liquors and slaves: | |
| 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 treasurer of this colony shall, and he is hereby impowered and required, immediately to borrow a sum of money, not exceeding four thousand pounds, or so much thereof as he shall find necessary and expedient, and as the nature of the service to which it is to be applied, requires, at an interest of five per cent. and to pay the same, or so much thereof as shall, from time to time, be necessary, to John Robinson, junior, esq. Mr. Secretary Nelson, Richard Randolph, William Beverley, Beverley Whiting, Benjamin Waller, Carter Burwell, Edward Digges, and John Harmer, gentlemen, to be by them, or any five of them, applied towards defraying the expence and charge of inlisting, arming, cloathing, victualling, and transporting the soldiers so as aforesaid to be raised in this colony, for his majesty's service, as herein before mentioned. | |
| III. And whereas the soldiers so to be raised, cannot be timely supplied with arms in any other manner, than out of the public magazine: Be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the said John Robinson, esq. Mr. Secretary Nelson, Richard Randolph, William Beverley, |
| Beverley Whiting, Benjamin Waller, Carter Burwell, Edward Digges, and John Harmer, gentlemen, or any five of them, to cause the soldiers to be furnished with arms, well fitted, out of the arms belonging to this colony, now in the public magazine, upon obtaining a warrant or warrants under the hand of the lieutenant-governor, or commander in chief, for the time being; and to deduct the costs and charges of such arms so to be furnished, together with the expence of refitting them, out of the money herein before given and granted; and that the said John Robinson, esq. Mr. Secretary Nelson, Richard Raddolph, William Beverley, Beverley Whiting, Benjamin Waller, Carter Burwell, Edward Digges, and John Harmer, gentlemen, do account to the next General Assembly for all monies so by them to be received and applied, by virtue of this act. | |
| IV. And for encouraging persons to lend money upon this occasion, Be it further enacted, by the authority aforesaid, That the revenues or duties arising by the importation of liquors and slaves, shall and are hereby declared to stand, be, and remain as a security, for the payment of the money so to be borrowed by the treasurer as aforesaid; and the said treasurer is hereby required to repay the money so to be borrowed, with interest, out of the first public monies that shall come to his hands, either by receipt of the duties aforesaid, or otherwise. | |
| V. And be it further enacted, by the authority aforesaid, That if any person, after he shall be inlisted in his majesty's service, shall be found wandering or otherwise absenting himself, it shall and may be lawful to and for any person or persons whatsoever, and they are hereby required, to carry him before the next justice of the peace for the county where he shall be apprehended, who hath hereby power to examine such person; and if by his confession, or the testimony of one or more witnesses, upon oath, or by the knowledge of such justice, it shall appear, or be found, that such person is a listed soldier, and ought to be with the company to which he belongs, such justice, by warrant under his hand, shall forthwith cause him to be conveyed to the public goal of this colony, to be delivered to his commanding officer. |
| IV. And be it further enacted, by the authority aforesaid, That if any person shall harbour, conceal, or assist any deserter, or buy or receive any cloaths or arms from any person inlisted in his majesty's service, he or she so offending, shall forfeit, for every offence, the sum of five pounds; to be recovered, by action of debt, or information, before any court of record within this colony: One moiety of the said penalty to be paid to the informer, by whose means such deserter shall be apprehended, or the cloaths or arms so bought or received, shall be discovered; and the other moiety to be paid to the officer to whom such deserter or soldier did belong. | |
| VII. And be it further enacted, by the authority aforesaid, That it shall not be lawful for any person or persons, whatsoever, to trust or give credit to any soldier, inlisted to serve on the said intended expedition, after he shall be so inlisted; and if any person or persons so trusting or giving credit, shall bring any warrant, petition, or suit, for any monies, goods, wares, merchandizes, liquors, or other commodities whatsoever, advanced, lent, sold, accommodated, or delivered to such soldier, after his inlisting, such warrant, petition, or suit shall be dismissed, with double costs; and that all judgments, bonds, notes, contracts, promises, or other securities whatsoever, given or entered into by such inlisted soldier, for any debt, duty, or demand, contracted after he shall be inlisted, shall be void. | |
| VIII. And be it further enacted, by the authority aforesaid, That no master of a ship, sloop, or other vessel, shall incur any penalty or forfeiture, for carrying and transporting any of the persons so inlisted, as aforesaid, to any place his majesty shall think fit to order, direct and appoint: Any thing in any other act or acts of Assembly to the contrary thereof, notwithstanding. | |
| CHAP. II. An Act, for paying the Burgesses wages in money, for this present session of Assembly. | |
| I. WHEREAS, by one act of assembly, made in the third and fourth years of the reign of | Burgesses wages to be paid in money. |
| his present majesty, intituled, An act, for the better regulating the payment of the burgesses wages, it was amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear, that there are monies sufficient, in his hands, to discharge all the money debts, together with the burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, leaving and reserving in the hands of the treasurer, over and above the said payment, a ballance of one thousand five hundred pounds at the least; then every burgess elected, and serving, for any county or corporation, within this dominion, should be paid, out of the said public money, the sum of ten shillings, for each day he should serve in the house of burgesses, with such further allowances, and under such restrictions, and regulations, as in the said act is at large directed: And whereas, by reason of the large sum of money given and granted by this present General Assembly, for carrying on an intended expedition to the northward against Canada, the wages of the burgesses for this present session cannot be discharged in money, according to the letter of the said act: And forasmuch as the payment of the burgesses wages, in money, for this present session, will be a great ease to the poorer sort of people, by lessening the levy by the poll: | |
| 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 burgesses wages, for this present session of Assembly, shall be paid by the treasurer, on the thirtieth day of April next ensuing, out of the public money then in his hands, according to the directions and regulations in the said recited act mentioned. Any thing in the said act, to the contrary thereof, in any wise, notwithstanding. |
| AT A General Assembly, SUMMONED TO BE HELD AT |
Wm. Gooch, esq. Governor. | ||||||||
| [From edit. 1752.] | ||||||||
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Private acts. Ch. 7, 1748. Private acts. |
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| Signed by Sir WILLIAM GOOCH, Bart. Governor. JOHN ROBINSON, Jun. Speaker. |
| AT A General Assembly, BEGUN AND HELD AT |
Sir W. Gooch, Bart. Governor. | |
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| CHAP. I. An Act for settling the Titles and Bounds of Lands, and for preventing unlawful Hunting and Ranging. |
[From edit. 1752. Same law edit. 1679, pa. 142] | |
| 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 same, That no lands, tenements, or hereditaments, within this colony shall pass, alter, or change, from one to another, whereby an estate of inheritance in fee simple, fee tail, general or special, or any estate for life or lives, or any greater or higher estate, shall be made or take effect, in any person or persons, or any use thereof to be made, by bargain and sale, lease and release, deed of settlement to uses of feoffment, or other instrument, unless the same be made by writing, indented, sealed, and recorded, in the records of the general court, or in that county court, where the land mentioned, to be passed or granted ,shall lie, in manner following, that is to say: If the person or | How & when deeds for lands, &c. shall be acknowledged, or proved & recorded. Where, | |
| * The acts passed at this session contained the revised laws, reported by the committee appointed by the act of 1745, chap. 4 −− They were first published in the edition of 1752, and afterwards, with very little variation in the matter, though differently arranged, in the edition of 1769. For a history of the several revisals of our laws, see preface to 1st. vol. Hen. Stat. at Large, pa. VI. |
| persons who shall make and seal such instrument of writing, shall be resident within this colony at the time of making and sealing the same, then the recording thereof shall be within eight months from the sealing and delivery; and if the person or persons so making and sealing, shall be resident in any other place than within this colony, at the time aforesaid, then the recording shall be within two years from the sealing and delivery: But no such deed or conveyance whatsoever, of lands, tenements, or hereditaments, shall be admitted, to record in the general court, or in any county court, unless the same be acknowledged in such court, by the grantor or grantors thereof in person, or by some or one of them, to be his, her, or their proper act and deed, or else that proof thereof be made, in open court, by the oath of three witnesses at the least. | If the grantor resides here, the record must be within 8 months.
If not resident here, in two years. Must be personally acknowledged in court or proved by 3 witnesses at least. |
| II. And, that when any such deeds or conveyances shall be acknowledged or proved in court, in order to their being recorded, the livery of seisin thereupon made, in such cases where the same is by law required, shall in like manner be acknowledged, or proved, and shall be recorded together with the deed, or conveyance whereupon it shall be made. | Livery of seisin to be recorded with the deed. |
| III. And that all deeds, mortgages, and other settlements and conveyances, for any lands, tenements, or hereditaments within this dominion, bona fide made and executed, at any time before the third day of June, in the year of our lord one thousand seven hundred thirty five, whether the same be by deed poll, or otherwise, shall be good and valid and binding between the parties thereto, and their heirs, notwithstanding the same have not been acknowledged, or proved and recorded. | Deeds, mortgages, &c. executed befora June 3, 1735, valid, tho' not recorded. |
| IV. And, that all bargains, sales, and other conveyances whatsoever, of any lands, tenements, or hereditaments, whether they be made for passing any estate of freehold, or inheritance, or for term of years, and all deeds of settlement upon marriage, wherein either lands, slaves, money, or other personal thing, shall be settled or covenanted, to be left or paid at the death of the party, or otherwise, and all deeds of trust, and mortgages whatsoever, made and executed at any time after the said third day of June, one thousand seven hundred thirty five, and before the passing of this act, and all such deeds and conveyances, which shall hereafter | But all conveyances and settlements, after that time made or to be made, shall be void as to creditors, & subsequent purchasers if not recorded, |
| be made and executed, shall be void, as to all creditors, and subsequent purchasers, unless they have been, or shall be acknowledged, or proved and recorded, according to to the directions of this act; but the same, as between the parties, and their heirs, shall nevertheless be valid and binding. | Yet binding between the parties. |
| V. And be it further enacted, by the authority aforesaid, That all deeds, and conveyances heretofore made, or hereafter to be made, in writing, indented and sealed by husband and wife, and by them personally acknowledged, in the general court, or county court, the wife having first been examined by such court privily, and apart from her husband, and giving her free consent to the same, shall be and are hereby declared to be good and effectual in law, and shall be as valid to convey and pass over all the estate, right, title, interest, claim, and demand, of such wife and her heirs, in or to the lands, tenements, or hereditaments so granted or conveyed, whether the same be in right of dower, or fee simple, or whatsoever other estate, not being fee tail, she may have therein, as if the same had been done by fine and recovery, or by any other ways or means whatsoever; and that where any feme convert hath heretofore relinquished her right of dower, in lands or tenements, and acknowledged the same in court, or before commissioners, and such acknowledgment has been recorded, the same shall be sufficient and effectual in law, to convey and pass over all such right, altho' she has not executed and acknowledged any deed or conveyance for that purpose. | Deed by husband & wife, acknowledged in court, shall pass the
estate of the feme, except in fee tail. Relinquishment of dower, heretofore made, and recorded sufficient without deed in writing. |
| VI. And that where any feme covert cannot conveniently travel to the general court, or county court, to acknowledge her deed for passing away her estate, it shall be lawful for the clerk of the general court, or of any county court, to issue a commission to two or more commissioners, being justices of the peace in the country [county] where such feme resides, for receiving the acknowledgment of any deed of such feme covert, for passing her estate in any lands, tenements, or hereditaments; and such deed acknowledged before them, after they shall have examined her privily, and apart from her husband, touching her consent and thereof certified, the judges before whom such commission shall be returnable, shall be recorded, together with the commission and return, and shall be as effectual as if the same | Commissions to receive the acknowledgment of any deed executed
by a feme convert, how to be issued and returned. And shall pass her right. |
| had been personally acknowledged in court, by such feme covert: And where any such deed shall have been heretofore acknowledged before commissioners, and they have certified the privy examination and acknowledgment as aforesaid, the same is hereby likewise declared to be valid, and so shall be adjudged, deemed, and taken. | Such acknowledgments heretofore made and certified valid. |
| VII. And whereas it has always been adjudged, that when any deed has been acknowledged by a feme covert, and no record made of her privy examination, such deed is not binding upon the feme or her heirs: | But her privy examination must be recorded. |
| VIII. It is hereby further enacted, and declared, That the law herein shall always be held according to the said judgments, and shall never hereafter be questioned; and that the clerks of the courts before whom any deed of a feme covert shall be acknowledged, shall always hereafter record her privy examination. | |
| IX. And to the end persons who are inclined to lend money upon the security of lands, negroes, and other estate, or to become purchasers thereof, may more easily discover whether the lands, slaves, or other things offered to be sold, or mortgaged, be free from prior incumbrances; | For discovery of prior conveyances. |
| X. Be it further enacted, by the authority aforesaid, That a memorial of all bargains, sales, mortgages, and other conveyances, marriage settlements, and deeds of trust, whereby any estate, real or personal, of any person or persons whatsoever, within this colony, may be effected, charged, or incumbred, shall be registred in the secretary's office, in books kept for that purpose: Which memorial, shall contain the date of the deed, or conveyance, the names, sirnames, and additions of the parties thereto, the consideration mentioned therein, the quantity of land conveyed, settled, or mortgaged, and where the same lies, and the number and names of the slaves, and description of the personal estate, if any be sold, settled, or mortgaged; and the clerks of all and every the county courts, within this dominion, are hereby required, twice in every year, that is to say, in the months of April and October, to transmit to the secretary's office, memorials, of all such deeds, settlements, mortgages, or other conveyances, as shall have been acknowledged, or proved and recorded in their respective courts, the preceding half year; and of all such of the said deeds as shall be | A memorial of all deeds and settlements of any estate real or
personal, shall be kept in the secretary's office. County court clerks to return such memorials, half-yearly. |
| recorded in the General Court, the clerk of the secretary's office shall enter memorials in the register to be kept by him for that purpose. | |
| XI. And whereas in times past several persons purchasing lands in this colony, have had their deeds and conveyances for the same acknowledged and recorded, but not within the time by the laws then in force required, and some persons have procured their deeds and conveyances, to be recorded in the courts of other counties than where the lands lie, and registred in the council books, and others have taken their deeds and conveyances, not indented nor sealed, or without any valuable consideration therein set down or expressed, and some have taken assignments of lands, only endorsed on the patents, and others have purchased lands and taken deeds for the same, which by the death of the grantor, or some other accident, have not been acknowledged in court, according to the strict letter of the law in that case heretofore made, but yet have been proved in court by the oath of two or more witnesses, and recorded, and others have purchased lands, and taken deeds and conveyances for the same, but without livery of seisin made thereupon in due form of law; by which several omissions and inadvertencies, many controversies might arise among his majesty's good subjects here, for prevention whereof, | |
| XII. Be it further enacted, by the authority aforesaid, That all deeds and conveyances whatsoever, for any lands within this colony, heretofore acknowledged, and recorded, at any time before the third day of June, in the year of our Lord, one thousand seven hundred thirty five, or registred in the council books, or recorded in any other county than where the lands lie, shall be adjudged, deemed, and taken, and are hereby declared to be, to all intents and purposes, valid, and available in law, and shall enure and take effect, as fully and absolutely to the benefit and advantage of all persons in possession of any lands claimed thereby, and to their heirs and assigns, as if the same deeds had been legally recorded; and all deeds and conveyances for land, bona fide made and executed, before the said third day of June, altho' not indented or sealed, or without any valuable consideration therein expressed, and all assignments endorsed on patents, shall be adjudged, deemed, and taken, and are hereby declared to | Deeds for lsnds executed before June 3, 1735 confirmed to the parties in possession although not regularly proved or recorded. |
| be good and valid in law, and shall enure and take effect as fully and absolutely, to the benefit and advantage of all and every person and persons in possession of any lands claimed thereby, to his or their own proper fuse and behoof, and to his and their heirs and assigns, as if the same deeds and conveyances had been actually indented and sealed, and as if a valuable consideration had been therein particularly expressed, and as if such assignments had been made, and the lands therein mentioned conveyed in due form of law; and all deeds and conveyances for land, bona fide made and executed as aforesaid, and proved in court, by two or more credible witnesses, to have been the acts and deeds of the grantors thereof, and a record made of such proof, shall be and are hereby declared to be good and available in law, and shall enure and take effect as fully and absolutely, to the benefit and advantage of the person and persons in possession of any lands claimed thereby, to his and their own proper use and behoof, and to his and their heirs and assigns, as if the same deeds and conveyances had been personally acknowledged in court by the grantors thereof, and all deeds and conveyances for any lands, tenements, or hereditaments, within this colony, bona fide made and executed as aforesaid, and where livery of seisin might be requirable, if the party or parties to whom the same have been so conveyed, have actually entered thereupon, and they, or those who have their rights, do still continue in possession thereof, by virtue of such deeds and conveyances, the same shall be and are hereby declared to be firm and valid in law, and shall enure and take effect, as fully and absolutely to the benefit and advantage of all and every person and persons in possession of any lands claimed thereby, as if livery of seisin had been made in due form of law, and not otherwise: Any law, statute, or custom, in any of the cases aforesaid, to the contrary thereof, in any wise notwithstanding. | |
| XIII. Provided always, That nothing herein contained shall extend or be construed so as to confirm any lands, tenements, or hereditaments whatsoever, to any other person or persons than those who have been, or now are, in actual possession thereof, and those who claim, or at any time hereafter shall claim, by, from or under them. | Proviso. |
| XIX. And be it further enacted, by the authority aforesaid, That it shall not be lawful for any person or persons whatsoever, at any time to levy any fine, or to suffer any recovery to be had, whereby to cut off or defeat any estate in fee tail, general or special, of or in any lands, tenements, or hereditaments, within this colony, neither shall any such estate tail be cut off, or defeated, by any ways or means whatsoever, except only by act of the General Assembly of this dominion, for the time being, in such particular case respectively to be had and made: And all and every fine and fines, recovery and recoveries, and every other act and acts, thing and things, whatsoever, which shall be levied, made, suffered, done, performed, or executed, for and towards the cutting off, or defeating any estate tail whatsoever, except such as shall be found under the value herein after limited, otherwise than by act of Assembly as aforesaid, shall be adjudged, deemed, and taken, and are hereby declared to be null and void, to all intents and purposes. | No estate tail shall be defeasible, except only by act of Assembly. |
| XV. But forasmuch as many poor people are seised in fee-tail of small and inconsiderable parcels of land, often ignorantly or undesignedly by their ancestors devised in tail, and the docking such intails by easier methods will be a great relief to such persons, and their families, who otherwise must be confined to labour upon such small parcels of lands, when by selling them they might be enabled to purchase slaves, and other lands more improveable; | |
| XVI. Be it therefore enacted, by the authority aforesaid, That it shall and may be lawful to and for any person or persons, seised in fee-tail general or special, of or in any lands, tenements, or hereditaments, within this colony and dominion, not exceeding the value of two hundred pounds sterling, and not being parcel of, or contiguous to other intailed lands of the same party, to sue out from the secretary's office a writ in the nature of an ad quod damnum, to the sheriff of the county where such intailed lands lie, commanding him to enquire, by the oath of good and lawful men of his county, of the value of such lands, and whether they be parcel of or contiguous to other intailed lands, as aforesaid; and the better to enable the jury to judge the value of such lands, the surveyor of the county shall, in their presence, survey the bounds and | But where such estate shall not exceed the value of 200l, sterling, tenant in tail may have a writ of ad quod damnum. |
| give the jury an account of the number of acres contained in the said survey, and where the tenant in possession shall not, at the time of the survey, have issue capable of inheriting the said lands, and there be a remainder limited over, the person next in remainder, if of age, shall have notice of such survey, and if under age, the guardian, or next friend, that he may attend and see that the valuation is fairly made: And such sheriff shall return his inquisition to the said office: And if the said lands shall be found not to exceed the value aforesaid, and to be a separate parcel, as aforesaid, then a deed of bargain and sale, reciting the title, and such inquisition, wherein a valuable consideration shall be expressed, and bona fide paid, acknowledged, or proved by three witnesses, before the General Court, within eight months after the date thereof, and recorded, shall be sufficient in law to pass the fee simple estate of such lands to the purchaser or purchasers thereof; and the issue in tail of the vendor, and all other persons in remainder, or reversion, shall be barred, in the same manner as the same estate might be barred, by fine and recovery, according to the laws of England. | Method of executing & returning the writ. Heir in remainder may attend the survey. And then such estate may be sold to any purchaser in fee simple. Heir in reversion or remainder barred. |
| XVII. And that where any such deeds have been heretofore made and acknowledged, or proved in the General Court, according to the direction, true intent and meaning of the laws then in force, the same shall be sufficient in law to pass the fee simple estate of the lands thereby conveyed to the purchaser or purchasers, and to barr the intail thereof, in the same manner as if such laws had not been repealed or altered; and where such deeds have been acknowledged, or proved in the county court, and afterwards recorded in the General Court, the same shall be as good and available in law to pass the fee simple estate of the lands therein mentioned, as if the acknowledgment or proof had been made in the General Court: But no such deed of bargain and sale, hereafter to be made or executed, shall be admitted to record, unless the same be acknowledged or proved before the General Court, in the manner and within the time by this act required. And for the better avoiding of suits, | But all such deeds hereafter must be acknowledged, or proved, and recorded in the general court. |
| Pages 382-400
| Pages 415-431
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