Pages 217-236 
|  Pages 261-281
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| Pages 217-236
| Pages 261-281
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| CHAP. X. | ||
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| I. WHEREAS large quantities of tobacco have lately been damaged and lost at the public warehouses at Gray's creek, in Surry county; at Guilford, in Accomack county; at the College-landing, in James-City county; at Hampton in Elizabeth-City county; at Norfolk, in Norfolk county; at the Great-Bridge, in the said county; at Eastermost river, in Gloucester county, and at Warwicksqueak bay, in Isle of Wight county, by a high wind and rain, and the overflowing of the tide; a particular account of which tobacco, (except at Warwicksqueak bay warehouse) with the names of most of the proprietors, is stated in a schedule | Preamble. |
| hereunto annexed: Wherefore, to the end the sufferers therein mentioned may receive full satisfaction and reparation for their several losses. | |
| 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 treasurer of this colony, out of the public money in his hands, shall pay to the sufferers respectively, according to the several quantities of tobacco by them lost; at the public warehouses at Gray's creek, and Guilford, aforesaid, at the rate of sixteen shillings and eight pence for crop, and fifteen shillings for transfer tobacco, per hundred, according to the several quantities by them lost; at the public warehouses at the College-landing, Hampton, and Norfolk warehouses, at the rate of sixteen shillings and eight pence, per hundred, according to the quantity of tobacco by them lost; at the public warehouses at the Great-Bridge, aforesaid, at the rate of sixteen shillings, per hundred, and according to the several quantities of tobacco by them list; at the public warehouse at Eastermost river, aforesaid, at the rate of fifteen shillings per hundred: And that the treasurer, for all tobaccos damaged and lost at Gray's-creek, Guilford, and Eastermost river warehouses aforesaid, pay the several sums due to each proprietor, to the bearer of the inspector's notes, where notes were given; and where no notes were given, then to the person producing sufficient proof of his or her property, upon oath made, before some justice of the peace, of the county where he or she resides, and certified under the hand of such justice; and for all tobacco damaged at Hampton, Norfolk, the College-landing, and the Great-Bridge warehouses aforesaid, to the several proprietors mentioned in the schedule aforesaid, which shall be a sufficient discharge to him, as to all tobacco contained in the said schedule. | Allowance to the sufferers that have lost their tobacco in public warehouses. |
| III. And whereas forty one hogsheads of tobacco, saved out of the tobacco damaged at Guilford warehouse, are now remaining in the inspectors hands, and the inspectors at Gray's-creek, Guildford, the College-landing, Hampton, and Warwicksquak-bay warehouses aforesaid, have been at great trouble and expences in picking and reprising the damaged tobacco aforesaid; and the said inspectors at Gray's creek warehouses, have accounted with the treasurer of this colony, |
| for the inspection of four hogsheads of tobacco, damaged and lost at the said warehouses, after the inspection thereof, and never paid to the said inspectors; and the said inspectors at Warricksqueak-bay warehouse aforesaid, have already paid one hundred and forty four, part of nine hundred and thrity pounds of tobacco, the quantity damaged in the said warehouses, to the respective proprietors thereof; | |
| IV. Be it further enacted, by the authority aforesaid, That the forty one hogsheads of tobacco, saved as aforesaid, be by the treasurer sold, and that out of the public money in his hands, he pay to the inspectors at Gray's-creek warehouses aforesaid, the sum of ten pounds, two shillings and six pence; to the inspectors at Guilford warehouse aforesaid, the sum of fifteen pounds, seven shillings and six pence; to the inspectors at the College-landing warehouse aforesaid, the sum of two pounds, ten shillings; to the inspectors at Hampton warehouse aforesaid, the sum of seventeen pounds; and to the inspectors at Warrisqueak-bay warehouse aforesaid, the sum of twenty shillings, for their trouble and expences; and that he also pay to the said inspectors at Gray's creek warehouses, twelve shillings, for the inspection of four hogsheads of tobacco, herein before mentioned; and to the said inspectors at Warrisqueak bay warehouse aforesaid, the sum of seven pounds fifteen shillings, for the nine hundred and thirty pounds of tobacco damaged in the said warehouse, out of which money the inspectors of the said warehouse, are hereby directed to satisfy and pay the several owners of tobacco, damaged in the said warehouse, (who have not already received the same of the inspectors) the particular quantities of tobacco damaged and lost in the said warehouse, by such, owners, respectively: And that the money arising from the sale of all the tobacco saved out of the damaged tobacco and sold by the treasurer, be, when received, for the use of the public. |
The Schedule to which this Act refers.
 A List of Tobacco Damaged in Gray's Creek Warehouse. | ||||||||||||||
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| A List of Transfer Tobacco due in Gray's Creek Warehoure. | ||||||||||||||
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| A List of Tobacco damaged at Guildford Warehouse. | ||||||||||||||||||||||||||||||||||||
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| Transfer Tobacco in the said Warehouse; Notes given in and Tobacco Damaged. | ||||||||||||||||||||||||||||||||||||
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| An account of each person's loss, who had Tobacco damaged at the College Landing Warehouse. | ||||||||||||||||||||||||||||||||||||
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| CHAP. XI. | ||
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| I. WHEREAS the act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An act for the better regulating and collecting certain efficers fees, and other purposes therein mentioned; which was continued by on other act made in the twenty second year of his majesty's reign, will expire on the twelfth day of April next; and it is expedient that the same should be further continued. | Preamble. | |
| 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 said act of Assembly, intituled, An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned, shall continue and be in force, from and after the said twelfth day of April next, for and during the term of seven years, from thence next following, and no longer. | The continuance of this act. | |
 CHAP. XII. An Act for enlarging the fees for granting licences to pedlars. | ||
| I. WHEREAS by the act of the General Assembly made in the nineteenth year of the reign of his present majesty, intituled, An act to explain and amend an act, intituled, an act for licensing pedlars, and preventing frauds in the duties upon skins and furrs, every collector of the duties upon skins and furrs is authorised and impowered, to grant or refuse, at his discretion, to any person or persons applying to him, a license or licences, to trade as a pedlar or pedlars, during the | Preamble. |
| term of one whole year; the party obtaining such license, entering into such bond, and making such oath as in the said act is directed, and paying down the sum of ten shillings, for the use of the governor or commander in chief of this colony for the time being, and the further sum of five shillings, to the collector granting such licence, for writing the same and the bond aforesaid. And whereas divers vagrant and idle persons, of little worth, having obtained such licenses by reason of the smallness of the fees allowed to be taken for the same, under pretence thereof, commit many frauds and abuses, as well in exchanging with the inhabitants of this colony for their valuable commodities, wares of little or no use, as in exporting skins or furrs without paying duty: For remedy thereof; | |
| II. BE it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, no collector of the duties upon skins and furrs, shall grant to any person, a license to trade as a pedlar, unless such person shall first pay down, besides the said ten shillings for the use of the governor or commander in chief of this colony for the time being, instead of five shillings, the sum of ten shillings to such collector for writing the said license and the bond directed by the above mentioned act of Assembly, and the further sum of twenty pounds for the use of the college of William and Mary: And if any such collector shall presume to grant such license, without having first received the fees appointed by this act, he shall forfeit and pay for every such offence, the sum of one hundred pounds, one moiety thereof to and for the use and better support of the said college of William and Mary, and the other moiety to him or them that will sue or inform for the same; to be recovered with costs, by action of debt, or information, in any court of record in this colony. | No collectors to grant licenses to pedlars, without the fee. |
| CHAP. XIII. | ||
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| I. WHEREAS divers litigious persons have procured indictments to be preferred against others of his majesty's subjects, for assaults and batteries, and other offences not capital, and caused witnesses to be summoned to appear before the grand jury, and at the trials, who attend at a great expence, but if the grand jury do not find the bills, or the defendants are acquitted by the petit jury, such witnesses go unpaid, and the persons accused are put to great trouble and expence without any redress; for remedy whereof; | Preamble. | |
| II. BE it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That when any indictment shall be preferred to the grand jury in the general court, for any matter or cause whatsoever, not touching life or member, his majesty's attorney-general, or the attorney prosecuting for the king, shall, at the foot of the indictment, set down the name or names of the prosecutor or prosecutors, and the place of his or their abode; and if the grand jury shall not find the bill, or the person or persons indicted, shall be acquitted by the petit jury, or judgment shall be given for him or them, such prosecutor or prosecutors shall be liable for all costs and charges occasioned by such indictment, and judgment shall be entered against him or them accordingly, and the clerk of the said court shall tax the lawful fees and allowances to witnesses against him or them, as in civil causes, and executions shall issue in the same manner; any law, custom, or usage to the contrary notwithstanding. | When prosecutors are to pay cost. |
| CHAP. XIV. An Act for laying a public levy, and other purposes therein mentioned. | |
| 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 twelve pounds an an half of tobacco be paid by every tithable person within this dominion, for the defraying and payment of the public charge of the country, being the public levy from the twenty-seventh day of October, one thousand seven hundred and forty eight, to the twenty seventh day of February, one thousand seven hundred and fifty-two; adn that it be paid by the collector 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 fewer tithables in any county, then such county shall bear the loss. | The public levy. |
| 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. | Proviso. |
| 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 payment of the next county levy, also give bond and security for the collection and payment of the public levy, now laid and assessed. | Sheriff to give bond. |
| IV. And whereas there is a ballance of sixteen thousand two hundred and four pounds of tobacco, due to the public, which is levied on the counties of Westmoreland, and King and Queen, as appears by the book of proportions, Be it further enacted, by the authority aforesaid, That the sheriff of the said counties of Westmoreland, and King and Queen, shall sell the respective sums of tobacco, levied in his county, as a |
| depositum for the use of the public, to the highest bidder, at the court of each county respectively, in the month of June, next after receipt of the same, and pay the money, arising from such sale, to the treasurer of Virginia, to be by him accounted for, to the next session of Assembly. | |
| CHAP. XV. An Act for appointing a Treasurer. | |
| I. WHEREAS by one act of Assembly, made in the twenty-second year of the reign of his present majesty, John Robinson, the younger, esq. was appointed treasurer of the revenue arising from the duty upon liquors, and slaves, laid and imposed by one act of Assembly, made in the nineteenth year of his majesty's reign, intituled, An act for reducing the laws made for laying a duty upon liquors, into one act of Assembly; and by one other act, made in the fifth and sixth years of his said majesty's reign, intituled, An act for laying a duty upon slaves, to be paid by the buyers, to hold the said office of treasurer so long as he should continue speaker of the house of Burgesses, and from the time of his being out of that office, until the end of the next session of Assembly. And whereas the said first mentioned act will expire at the end of this session of Assembly, and it being expedient that a treasurer should be appointed: | Preamble. |
| II. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act, John Robinson, esq. shall be, and his is hereby nominated, constituted, and appointed treasurer, of the revenue arising from the duty upon liquors, and slaves, laid and imposed by one act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An act for reducing the laws made for laying a duty on liquors, into one act of Assembly; and by one other act, made in the twenty-second year of his said majesty's reign, intituled, An act for continuing | The treasurer. |
| the act, intituled, An act for reducing the laws made, for laying a duty upon liquors, into one act of Assembly; and also by one act of this present session of Assembly, intituled, An act for continuing a clause of an act of Assembly therein mentioned; and by one other act of the same session, intituled, An act for reviving the duty upon slaves, to be paid by the buyers, for a term therein mentioned; and of all other monies payable to the treasurer of this colony, for public uses, by virtue of any other act or acts of Assembly: to hold the said office so long as he shall continue speaker of the house of Burgesses, and from the time of his being out of office, until the end of the next session of Assembly. And the said John Robinson, esq. is hereby authorised, impowered, and required, to demand, receive, and take of, and from, the several collectors of the said duties, all and every the sum, and sums of money, arising by force and virtue of the said acts, or any of them, and shall apply and utter the same, to and for such uses, and upon such warrants, as by the said acts for laying the said duties, or by any other act or acts of the General Assembly, is, or shall be appointed, or directed, and shall be accountable for the said money, to the General Assembly. | |
| III. And be it further enacted, by the authority aforesaid, That the salary of five pounds in the hundred, and so proportionably for a greater or lesser sum, shall be allowed and paid to the said treasurer, hereby appointed, out of all and every the sum and sums of money by him received, and accounted for to the General Assembly, as aforesaid, and that there shall be also allowed to the said treasurer, for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred and fifty pounds per annum, for his trouble and service therein. | His salary. |
| IV. Provided always, That the said treasurer, before he enters upon his office, shall give such sufficient security, as shall be approved of by the governor, or commander in chief of this colony, in the sum of ten thousand pounds, for the due answering, and paying, all the money by him, from time to time, to be received, as aforesaid. | To give security. |
| V. And to the end a treasurer may not be wanting, in case of the death, resignation, or disability, of the |
| treasurer hereby appointed, Be it further enacted, That in either of these cases, it shall and may be lawful for the governor, or commander in chief of this colony, with the advice of the council, for the time being, to appoint some other fit and able person to be treasurer to the duties: to hold the said office, aforesaid, until the end of the next session of Assembly: Which treasurer, so appointed, shall, before he enters upon his office, give the like security, as is herein before directed. | Remedy in case of his death. |
| CHAP. XVI. An Act to prevent malicious Maiming and Wounding. | |
| I. WHEREAS many mischievous and ill disposed persons have of late, in a malicious and barbarous manner, maimed, wounded, and defaced, many of his majesty's subjects, for the prevention of which inhuman practices: | Preamble. |
| 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 if any person or persons, from and after the first day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty three, on purpose, shall unlawfully cut out, or disable, the tongue, put out an eye, slit the nose, bite or cut off a nose, or lip, or cut off or disable any limb, or member, of any subject of his majesty, in so doing, to maim, or disfigure, in any of the manners before mentioned, such his majesty's subject, that then, and in every such case, the person or persons so offending, their counsellors, aiders, and abettors, knowing of and privy to the offence as aforesaid, shall be, and are hereby declared to be felons, and shall suffer as in case of felony. | What maiming is. Penalty. |
| III. Provided, That no attainder of such felony, shall extend to corrupt the blood, or forfeit the dower of the wife, or the lands, goods, or chattels, of the offender. | Proviso. |
| CHAP. XVII. | ||
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| I. WHEREAS by one act of Assembly made in the third and fourth years of the reign of his present majesty, intituled, an act for the better regulating the payment of the Burgesses wages, it is 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; saving 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 a 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 for rebuilding the Capitol, and the expiration of the act of Assembly for laying a duty upon slaves, to be paid by the buyers, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act, but it is likely there will soon be money sufficient in the hands of the treasurer: 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; | Preamble. Burgesses wages, payable in money. | |
| 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 last day of April, in the year of our lord one thousand seven hundred and fifty three, out of the public monies 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. | |
| CHAP. XVIII. An Act for dividing the county of Lunenburg, and the parish of Cumberland. | |
| I. WHEREAS many inconveniencies attend the inhabitants of the county of Lunenburg, that live in that part of the said county, called the Fork, by reason of their great distance from the court house, and the said inhabitants have petitioned this present General Assembly that the said county may be divided: | Preamble. |
| II. BE it therefore enacted by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from, and immediately after the tenth day of May next ensuing, the said county of Lunenburg be divided into two counties; that is to say, all that part thereof lying on the south side of Black-Water creek, and Staunton-river, from the said Black-Water creek, to the confluenoe of the said river with the river Dan, and from thence to Aaron's-creek to the county line, shall be one distinct county and parish, and called and known by the name of Halifax, and parish of Antrim; and all that other part thereof, on the north side of Staunton river, from the lower part to the extent of the county upwards, shall be one other distinct county, and retain the name of Lunenburg, and parish of Cumberland; and for the due administration of justice, in the said county of Halifax, after the same shall ake place: | Lunenburg county divided. Halifax county formed. |
| III. Be it enacted by the authority aforesaid, That after the said tenth day of May, a court for the said county of Halifax, be constantly held by the justice thereof, upon the third Tuesday in every month. | |
| IV. Provided always, That nothing herein contained, shall be construed to hinder the sheriff or collector |
| of the said county of Lunenburg, and parish of Cumberland, as the same now stand entire and undivided, from collecting and making distress for any public dues or officer's fees, which shall remain unpaid by the inhabitants of Halifax, at the time of its taking place; but such sheriff or collector, shall have the same power to collect or distrain for the said dues and fees, and shall be answerable for them in the same manner as if this act had never been made, any law, custom or usage, to the contrary thereof, in any wise, notwithstanding. | |
| V. And be it further enacted by the authority aforesaid, That the court of the said county of Lunenburg, shall have jurisdiction of all actions and suits, both in law and equity, which shall be depending before them at the time the said division shall take place, and shall and may try and determine all such actions and suits and issue process, and award execution, against the body or estate of the defendant, or defendants, in any such action or suit, in the same manner as if this act had never been made; any law, custom or usage, to the contrary thereof, in any wise, notwithstanding. | |
| VI. And whereas the said county of Lunenburg, and parish of Cumberland, as they now stand entire and undivided, are indebted to sundry persons, in divers sums of money, and also, there is due and owing to the said county and parish, divers sums of money, and quantities of tobacco, which have been heretofore levied upon the tithable persons of the said county and parish, for paying the debts, and defraying the contingent charges of them respectively; Be it therefore enacted, by the authority aforesaid, That Clement Reade, and Peter Fontaine, gentlemen, of the county of Lunenburg, be hereby authorised and impowered, to demand and receive, of all and every person and persons, indebted to the said county of Lunenbuag, and parish of Cumberland, as they now stand entire and undivided, all debts and dues owing to them; and the same, when by them received, to apply in discharge of the several debts due, and owing therefrom; and the overplus, if any, shall pay and satisfy to the justices of the said counties of Lunenburg and Halifax, in proportion to the tithable persons in each of the said counties, to be by them applied towards lessening the levy of the said counties respectively. |
| VII. And be it further enacted by the authority aforesaid, That the freeholders and housekeepers of the said parish of Antrim, shall meet at some convenient time and place, to be appointed and publickly advertised at least one month before, by the sheriff of the said county of Halifax, before the tenth day of July next, and then and there elect twelve of the most able and discreet persons of the said parish, to be vestrymen thereof; which said persons so elected, having in the court of the said county of Halifax, taken and subscribed the oaths, appointed to be taken by one act of Parliament made in the first year of the reign of his late majesty, king George the first, intituled, an act for the further security of his majesty's person and government, and the succession of the crown, in the heirs of the late princess Sophia, being Protestants; and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England: shall, to all intents and purposes, be deemed and taken to be the vestrymen of the said parish. | |
| VIII. And be it further enacted, by the authority aforesaid, That upon the death, removal, or resignation of any of the said vestrymen, the remaining vestrymen shall be, and they are hereby impowered to choose and elect another vestryman in the room of such vestryman so dying, removing, or resigning. | |
| CHAP. XIX. An Act for dividing the County of Prince George. | |
| I. WHEREAS many inconveniencies attend the upper inhabitants of the county of Prince George, by reason of their great distance from the court house, and the said inhabitants have petitioned this present General Assembly, that the county may be divided: | Preamble. |
| II. BE it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and immediately after the first day of May next ensuing, the said county of Prince George be divided into two counties; that is to say: All that part thereof, lying on the upper side of the run which falls into Appomattox river, between the town of Blanford, and Bolling's point warehouses, to the outermost line of the glebe land, and by a south course to be run from the said outermost line of the glebe land, to Surry county, shall be one distinct county, and called and known by the name of Dinwiddie, and all that other part thereof, below the said run and course, shall be one other distinct county, and retain the name of Prince George. | Prince George county divided. Dinwiddie county formed. |
| III. And for the due administration of justice in the said county of Dinwiddie, after the same shall take place, Be it enacted by the authority aforesaid, That after the said first day of May, a court for the said county of Dinwiddie, be constantly held by the justice thereof, upon the second Friday in every month, in such manner as by the laws of this colony is provided, and shall be by their commission directed. | |
| IV. Provided always, That nothing herein contained, shall be construed to hinder the sheriff, or collector, of the said county of Prince George, as the same now stands entire and undivided, from collecting and making distress, for any public dues, or officers fees, which shall remain unpaid, by the inhabitants of Dinwiddie, at the time of its taking place, but such sheriff, or collector, shall have the same power to collect or distrain, for the said dues and fees, and shall be answerable for them, in the same manner, as if this act had never been made, any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | |
| V. And be it further enacted, by the authority aforesaid, That the court of the said county of Prince George, shall have jurisdiction of all actions and suits, both in law and equity, which shall be depending before them at the time the said division shall take place, and shall and may, try and determine, all such actions and suits, and issue process, and award execution, against the body, or estate of the defendant or defendants, in any such action or suit, in the same manner |
| as if this act had never been made; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XX. | ||
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| I. WHEREAS the parish of St. Mark, in the county of Culpeper, by reason of its large extent, is inconvenient to the inhabitants thereof: | ||
| II. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the first day of June next, the said parish of St. Mark shall be divided, by the meander, or crooked run, falling into Robinson river, up to Colonel John Spotswood's corner, on that run, thence by his line north twenty-eight degrees, east to Bloodworth's road, thence from Bloodworth's road, by a straight line to crooked run, a branch of the north fork of the Gourd Vine river, where the main road, called Duncans, crosses the said run, then by the said run up to the head thereof, thence to the head of white oak run, thence by that run down to the North river; and that all that part of the said parish of St. Mark which lies below the said bounds, except so much thereof as lies in the county of Orange, be one distinct parish, and retain the name of St. Mark, and that all that part of the said parish of St. Mark, which lies above the said bounds, together with so much of the parish of St. Thomas as lies in the county of Culpeper, which is hereby added to and made part of the same, be one other distinct parish, and called by the name of Bromfield. | Parishes of St. Mark and St. Thomas, in Culpeper divided, and new modelled. |
| III. And be it further enacted by the authority aforesaid, That all that part of the said parish of St. Mark, which lies in the county of Orange aforesaid, after the time aforesaid, shall be part thereof, and is hereby added to the said parish of St. Thomas. | |
| IV. And be it further enacted, by the authority aforesaid, That the freeholders, and house keepers, of the said parishes of St. Mark and Bromfield respectively, shall meet at some convenient time and place, to be appointed, and publicly advertised by the sheriff of the said county of Culpeper, at least one month before the tenth day of August next following, and then, and there, elect twelve of the most able and discreet persons of their respective parishes for vestrymen, in each of the said parishes; which vestrymen, so elected, having in the court of the said county of Culpeper, taken and subscribed the oaths appointed to be taken, by one act of parliament, made in the first year of the reign of his majesty king George the first, intituled, An act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors; and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed, and taken to be, the vestries of the said parishes respectively. | |
| V. Provided always, That nothing herein contained, shall be construed to hinder the collectors of the said parishes of St. Mark, and St. Thomas, as the same now stand entire and undivided, from collecting, or making distress, for any parish levies, which shall remain unpaid by the inhabitants of the said parishes of St. Mark and St. Thomas, at the time of their taking place; but such collectors shall have the same power to collect, and distrain, for the said levies, and shall be answerable for them, in the same manner as if this act had never been made; any law, custom, or usage, to the contrary thereof, in any wise notwithstanding. |
| CHAP. XXI. An Act for encouraging persons to settle on the waters of the Mississippi. | |
| I. WHEREAS it will be a means of cultivating a good correspondence with the neighbouring Indians, if a proper encouragement be given to persons, to settle on the waters of Mississippi river, in the county of Augusta: And whereas a considerable number of persons, as well of his majesty's natural born subjects, as foreign protestants, are willing to import themselves, with their families and effects, and to settle upon the lands near the said waters, in case they can have such encouragement for so doing: And whereas the settling that part of the country, will add to the strength and security of the colony in general, and be a means of augmenting his majesty's revenue of quit rents; | Privileges granted to settlers, on the waters of the Mississippi, in the county of Augusta. |
| 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 all and every person and persons, being protestants, who shall hereafter settle and reside on any lands, situate to the westward of the ridge of mountains, that divides the rivers Roanok, James, and Potomack, from the Mississippi, in the county of Augusta, shall be, and is, and are exempted, and discharged, from the payment of all public, county, and parish levies, for the term of ten years, next following, any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| CHAP. XXII. An Act for dissolving the Vestry of Frederick parish, in Frederick county. | |
| I. WHEREAS the vestry of the parish of Frederick, in the county of Frederick, have assessed and |
| levied on the inhabitants of that parish, upwards of one thousand five hundred and seventy pounds, and collected and received the same, on pretence of building and adorning churches, in the said parish, and have misapplied or converted the same to their own use, and refuse to render any account of the said one thousand five hundred and seventy pounds, to the parishioners, or finish the church, or chappels, by them begun, which are become decayed, and ruinous, for want of covering, and weather boarding, and the said vestry still continue assessing and levying taxes, on the said parishioners, for the pretended finishing the said church, and chappels, to the great impoverishment of the people, for remedy whereof, and for preventing the like impositions, and oppressive practices, for the future; | Vestry of Frederick parish, in Frederick dissolved. |
| II. BE it therefore enacted by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That the vestry aforesaid, be, and it is hereby dissolved, and that all and every act and acts, thing and things, which at any time hereafter shall, or may be done, performed, or suffered, by the said vestry, or pretended vestry of the said parish, shall be absolutely void, and of none effect. | |
| III. And be it further enacted, by the authority aforesaid, That the freeholders, and house keepers, of the said parish, shall meet at some convenient time, and place, to be appointed, and publicly advertised, at least one month, (by the sheriff of the said county of Frederick) before the fifteenth day of June next, and then and there elect twelve of the most able and discreet persons, of the parish, to be vestrymen thereof; which said vestry, so elected, by virtue of this act, shall, before they take upon them to act as vestrymen, before the county court of Frederick, take the oaths mentioned, and required to be taken, by an act of parliament, made in the first year of the reign of our late sovereign lord king George the first, intituled, An act for the further security of his majesty's person and government, and the succession of the crown, in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors; and subscribe the same, make and subscribe the declaration, and also subscribe to be conformable to the doctrine, |
| and discipline, of the church of England, and after having taken and subscribed the oaths aforesaid, made and subscribed the declaration, and subscribed to be conformable to the doctrine and discipline to the church of England, as aforesaid, such twelve vestrymen shall, to all intents and purposes, be deemed, and taken to be, a legal vestry of the said parish of Frederick, and upon the death, removal, or resignation, of any of the said vestrymen, the remaining vestrymen shall be, and they are hereby impowered, to chuse, and elect, another vestryman, in the room of such vestryman, so dying, removing, or resigning. | |
| IV. Provided always, That nothing herein contained shall be construed to hinder the collector, or collectors, of the said parish of Frederick, from collecting, or making distress, for any parish levies, which shall remain unpaid by the inhabitants of the said parish, after the vestry is constituted as aforesaid; but such collector, or collectors, shall have the same power to collect, and distrain for the said levies, and shall be answerable for them, in the same manner as if this act had never been made. | |
| V. And for the more easy and expeditious bringing former vestrymen, churchwardens, and collectors, to account for the sums of money, by them received, for the use of the said parish, and recovering the same, Be it enacted, by the authority aforesaid, That the churchwardens of the said parish be, and they are hereby impowered to settle, and adjust accounts, for all such sum or sums of money, as shall appear to be due from the former vestry, churchwardens, or collectors, to the said parish, and on refusal of settling, or paying such balance as shall appear to be due, as aforesaid, to bring and commence an action, on the case, in their own name, against such vestryman, churchwarden, or collector, in any court of record, and to declare for so much money, had and received, to the use of the present wardens. | |
| VI. Provided also, That the churchwardens for the time bing, shall allow to the former vestrymen, churchwardens, or collectors, all such sum, or sums of money, as by them, or either of them, hath, or have, been paid, advanced, or engaged, on account of the said parish. |
| Pages 217-236
| Pages 261-281
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