Pages 261-281 
|  Pages 303-324
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| Pages 261-281
| Pages 303-324
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| CHAP. XXXIV. An Act for appointing Trustees for the towns of Richmond and Falmouth. | |
| I. WHEREAS the inhabitants of the town of Richmond, in the county of Henrico, have represented to this present General Assembly, that they labour under great inconveniencies, for want of trustees to lay off and regulate the streets, and to settle the bounds of the lots in the said town: | Trustees, for towns of Richmond and Falmouth appointed. |
| 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, the honourable Peter Randolph, esq. William Byrd, esq. William Randolph, Bowler Cocke, the younger, Richard Randolph, Thomas Atchison, Samuel Gleadowe, Samuel Du-Vall, and John Pleasants, gentlemen, be constituted and appointed trustees for the said town; and they, or any five or more of them, are hereby authorised and impowered, from time to time, and at all times hereafter, to lay off and regulate the streets of the said town, and to settle and determine all disputes concerning the bounds of the lots of the said town, and to settle and establish such rules and orders, for the more regular and orderly building of the houses in the said town, as to them shall seem best and most convenient. | |
| III. And be it further enacted, by the authority aforesaid, That in case of the death, removal out of the country, or other legal disability of any one or more of the trustees before named, it shall and may be lawful for the surviving or remaining trustees, from time to time, to elect and choose so many other persons, in the room of those so dead or removed, as shall make up the number of nine, which trustees so chosen shall |
| be, to all intents and purposes, vested with the same power as any other in this act particularly nominated and appointed. | |
| IV. And whereas by an act of Assembly, made in the first year of his present majesty's reign, intituled, An act for erecting a town in each of the counties of Spottsylvania and King George, certain directors and trustees were appointed, for designing, building, and carrying on the town of Falmouth, in the county of King George, who are all since dead except one, and a succession of the said directors hath not been continued as that act requires: And, it being necessary and expedient that the said town of Falmouth should be supported and maintained, and the bounds and streets thereof properly ascertained; for which purpose, and for the better regulation of the said town, Be it enacted by the authority aforesaid, That from and after the passing of this act, Charles Carter, esq. Thomas Turner, Peter Hedgman, John Champe, Robert Jackson, Charles Carter, the younger, John Fitzhugh, Roger Dixon, Andrew Ross, Samuel Donne, and Robert Rae, gentlemen, be constituted and appointed, and they are hereby constituted and appointed directors, and trustees, for building, carrying on, and maintaining the said town of Falmouth as the same was laid off, pursuant to the before recited act of Assembly; and the said directors, or any four or more of them, shall have power to meet as often as they shall think necessary, and cause the bounds of the said town and streets to be surveyed and properly ascertained, and to examine into the titles of the present possessors of any lot or lots within the said town; and if any lot or lots appear to have been sold by the former trustees, and no conveyance by them made to the purchasers, their heirs or assigns, that then any two of the trustees hereby appointed, shall and may, upon payment of the purchase money, where the same has not been already paid, by sum sufficient conveyance, convey the fee simple estate of such lot or lots to the purchasers, who shall peaceably and quietly hold, possess, and enjoy the same, as in the said act is mentioned: And the said directors and trustees, or any four or more of them, are hereby fully impowered to settle an account with the surviving trustee, his heirs, executors, or administrators, of the sale of the lots and disposal of the purchase money, and to dispose |
| of the overplus of the money arising from the sale of the lots to, and for, the same uses as in the before recited act of Assembly are prescribed and set down, for the common benefit of the inhabitants of the said town, and to make and establish such rules and orders for the more regular building the houses, and for repairing and amending the streets and landings, and making and erecting wharfs and cranes, under the same penalties and restriction as in the before recited act of Assembly is directed, prescribed, ordained and appointed, for the said town of Falmouth; and the succession of the said directors shall be continued in the same manner as therein is also directed, for continuing the succession of the former directors. | ||
 CHAP. XXXV. | ||
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| I. WHEREAS the justices of the county of Southampton have, at the charge of the said county, erected a court house, prison, pillory, whipping post, and stocks, for the use thereof at Flowers's bridge, on the land of Elizabeth Exum; but the said Elizabeth Exum being a lunatic, the said justices cannot purchase the land whereon the same are erected, pursuant to the directions of the act of Assembly, intitled, An act for establishing county courts, and for regulating and settling the proceedings herein; and the said justices, and Exum Scott, the committee of the said Elizabeth Exum, have made application to this General Assembly, to have the right of two acres of land, whereupon the said buildings are erected, vested in the said justices, for the use of the said county; | Certain lands of Elizabeth Exum, vested in justices of Southampton. |
| 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 justices of the said county shall, and may, and are hereby impowered and required, within six months after the passing of this act, to survey and lay out, by metes and bounds, two acres, parcel of the lands of the said Elizabeth Exum, whereon the said buildings are erected, to and for the use of the said county; which said bounds shall be recorded in the records of the same, and the marks thereof renewed from time to time, as occasion may require; and after the same shall be surveyed and laid out as aforesaid, the said court shall and may order two freeholders, of their said county, to view the said two acres of land, and make a report, under their hands and seals, to the next court to be held for the same, of the true value thereof; which report the said court shall order to be recorded, and at the charge of the said county, pay down the valuation money to the said committee of the said lunatic, for her use; and from and immediately thereafter, the said justices, and their successors, shall stand seized and possessed of the said two acres of land, to and for the sue of the said county, of and in the same estate, and to the same uses, intents and purposes, as if the same had been by them purchased, pursuant to the direction and authority of the aforesaid act, and to and for no other use, intent, or purpose, whatsoever. | ||
| CHAP. XXXVI. | ||
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| I. WHEREAS by an act of Assembly, made in the first year of his present majesty's reign, intituled. An act to enable the Nottoway Indians to sell certain lands therein mentioned, and for discharging the Indian interpreter; the chief men of the said Indians, by | 8 Geo II Title of lands purchased of Nottoway Indians confirmed. |
| and with the consent of John Simmons, of the county of Isle of Wight, Thomas Cock, and Benjamin Edwards, of the county of Surry, gentlemen, trustees, were impowered and authorised to make sale of all or any part of thier circular tract of land, of six miles diameter, situate on the north side of Nottoway river, in that part of the county of Isle of Wight, which is Southampton, and after any agreement made for the sale of any part of the said land, so that such part should not exceed four hundred acres to any one person, it should be lawful for the said chief men, together with the said trustees, the survivors or survivor of them, to seal and deliver a deed of feoffment, and to make livery of seisin upon the land, to be indorsed upon such deed, to the purchaser, who immediately after the execution thereof, should pay down to the said chief men, the purchase money, for which a receipt should likewise be indorsed on the deed; and that any feoffment so executed and acknowledged, or proved by the oaths of three witnesses, and recorded in the court of the said county of Isle of Wight, should be sufficient, in law, to pass the fee simple estate of such lands, to the purchaser or purchasers thereof: And whereas the chief men of the said Indians, did sell the said tract of land, but before deeds for the same were executed, pursuant to the directions of the said act, the said trustees died, by reason whereof the titles of the purchasers of the said land are defective, and disputes are likely to arise between the said Indians, and the said purchasers; for prevention whereof, and that the said purchasers may have a legal title to the said land: | |
| 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 chief men of the said Nottoway Indians be, and they are hereby impowered, by and with the consent of Etheldred Taylor, Thomas Jarrell, Robert Jones, the younger, and Joseph Gray, gentlemen, who are hereby appointed trustees, or the survivors or survivor of them, to seal and deliver a deed or deeds, indented to any person or persons who have purchased any part of the said land, according to the directions of the said act; and such deed or deeds, being acknowledged, or proved, by the oaths of three witnesses, in the general court, or the county court of Southampton, and recorded, shall be as effectual in law, to |
| pass the fee simple estate of such funds, to the purchaser or purchasers thereof, as if the same had been made and executed, by and with the consent of the said John Simmons, Thomas Cock, and Benjamin Edwards; any thing in the said act contained, to the contrary thereof in any wise, notwithstanding. | |
| III. And whereas many evil disposed persons, under pretence of the said Indians being indebted to them, do frequently disposses them of their guns, blankets, and other apparel, to their great impoverishment, for prevention whereof, Be it enacted, by the authority aforesaid, That if any person or persons shall hereafter, under any pretence whatsoever, take from any of the said Indians their guns, blankets, or other apparel, such person or persons so offending, shall forfeit and pay to the Indian or Indians so injured, the sum of twenty shillings current money, for every such offence, to be recovered before any justice of he peace of the said county of Southampton; and if the offender be a slave, he shall, for such offence, receive, on his or her bare back, twenty five lashes well laid on, by order of such justice; and if any free person or persons shall trade or deal with the said Indians, for their guns, blankets, or other apparel, the person or persons so trading or dealing with such Indian, shall forfeit and pay the like sum of twenty shillings, for every such offence, to be recovered as aforesaid, and if such offender be a slave, he shall, for such offence, receive, on his or her bare back, twenty five lashes. | |
| IV. And be it further enacted, by the authority aforesaid, That the several penalties before mentioned shall be paid to the trustees aforesaid, and by them laid out in common necessaries of life, for the Indian to whose use the same shall be recovered. | |
| CHAP. XXXVII. An Act for allowing Fairs to be kept in the Town of Alexandria. | |
| I. WHEREAS allowing fairs to be kept in the town of Alexandria, in the county of Fairfax, will be | Fairs, in Alexandria authorised. |
| very commodious to the inhabitants of those parts of Virginia, and greatly increase the trade of that town: | |
| II. BE it therefore enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That for the future two fairs shall and may be annually kept, and held, in the said town of Alexandria, on the last Thursday in May, and the last Thursday in October each, to continue for the space of two days, for the sale and vending of all manner of cattle, victuals, provisions, goods, wares, and merchandizes, whatsoever; on which fair days, and on two days next before, and two days next after each of the said fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares and merchandizes, shall be exempt and privileged from all arrests, attachments, and executions whatsoever, except for capital offences, breaches of the peace, or for any controversies, suits, and quarrels, that may arise and happen during the said time, in which cases processes may be immediately issued, and proceedings thereupon had, in the same manner as if this act had never been made; and that this act shall commence immediately after the end of this session of Assembly, and continue and be in force for two years, and from thence to the end of the next session of Assembly, and no longer. | |
| II. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to derogate from, alter or infringe, the royal power and prerogative of his majesty, his heirs or successors, of granting to any person or persons, body corporate or politic, the privilege of holding fairs, or markets, in such manner as he or they, by his or their royal letters patent, or by his or their instructions, to the governor, or commander in chief of this dominion, for the time being, shall think fit. |
| CHAP. XXXVII. | ||
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| I. WHEREAS it hath been represented to this Assembly, by divers of the inhabitants of the county of Isle of Wight and others that it will be very advantageous and convenient to them to have a bridge built and maintained over the western branch of Pagan creek, from the land of William Hodsden, in the said county of Isle of Wight, to the land of Richard Reynolds, in the said county, and they have prayed leave to build a bridge at the said place, over the said creek, and to maintain and keep the same in repair, by subscription; | Bridge over Pagan creek, to be built. | |
| 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 for the better building, ordering, and keeping in repair the said bridge, over Pagan creek, at the place aforesaid, it shall be in the power of Robert Burwell, esq. Arthur Smith, Lawrence Baker, Joseph Bridger, James Baker, William Hodsden, James Dunlop, James Arthur, and Andrew Mackie, gentlemen, of the county aforesaid, who are hereby nominated trustees, for putting so much of this act in execution as relates to the bridge aforesaid, or any five or more of them, to receive subscriptions, and the money subscribed, for every person and persons who shall be willing to make such subscriptions, and to apply the same towards building a bridge at the place aforesaid, and keeping the same in repair, and to design, direct, and agree with workmen for building the said bridge, so that the same be not less than twelve feet in breadth, and railed on each side three feet high, with one arch at least twenty feed wide, sufficiently high for the passage of boats and flats. | ||
| III. And for continuing the succession of the trustees for the said bridge, Be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the said trustees, herein before mentioned, or any five or more of them, from time to time, and |
| at all times hereafter, during the continuance of the said bridge, upon the death, resignation, or removal, of any of the trustees herein before mentioned, to elect and choose such and so many other person or persons inhabiting within the said county of Isle of Wight, as as they shall think fit, not exceeding nine; which person or persons, so elected and chosen as aforesaid, shall be deemed, and taken to be, trustees for the bridge aforesaid, as fully and amply as if appointed by this act. | |
| IV. Provided always, That nothing in this act contained shall extend, or be construed to extend, to impower the justices of the said county of Isle of Wight, or their successors, the justices of the said county for the time being, to tax any levy, or assess any money, or tobacco, on the inhabitants of the said county of Isle of Wight, for the building, maintaining, and keeping in repair, the said bridge, but that the same shall be built, maintained, and kept in repair, by subscription as aforesaid and by no other ways or means whatsoever. | |
| V. And be it further enacted, by the authority aforesaid, That public ferries be constantly kept at the places herein after named, and that the rates for passing the said ferries be as follows; on the western branch of Pagan creek, from the land of William Hodsden, to the town of Smithfield in the said county of Isle of Wight, and from the said town of Smithfield to the land of the said William Hodsden aforesaid, the price for a man four pence, and for a horse the same, until the bridge herein before mentioned, over the said creek, at the place aforesaid, shall be built, and no longer, and from the said town of Smithfield to the land of Charles Fulgham, over the eastern branch of Pagan creek, in the county aforesaid, and from the land of the said Charles Fulgham to the said town of Smithfield, the price for a man six pence, and for a horse the same: And for the transportation of wheel carriages, tobacco, cattle, and other beasts at any of the places aforesaid, the ferry keepers may demand and take the rates following, to wit; for every coach, chariot or waggon, and the driver thereof, the same as for six horses; for every cart or four wheel-chaise, and the driver thereof, ad for four horses; for every two wheel-chaise or chair, as for two horses; for every hogshead of tobacco, as for one horse; for every head | New ferries established. |
| of neat cattle, as for one horse; for every sheep, goat or lamb, one fifth part of the ferriage of one horse; for every hog, one fourth part of the ferriage of one horse; according to the prices herein before settled, at such ferries respectively, and no more. | ||
| CHAP. XXXIX. | ||
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| I. WHEREAS William Horton, by his last will and testament in writing, bearing date the tenth day of January in the year of our Lord one thousand seven hundred, did give and devise a tract of land, in the said will particularly described, to the Round-hill church, for a glebe for ever, which church is situate in the parish of Washington, in the county of Westmoreland; and whereas great part of the said tract of land, since the death of the said William Horton, hath been recovered at law from the said parish of Washington, and the remainder thereof is not sufficient for a glebe: And whereas the vestry of the said parish of Washington have made application to this present General Assembly, that an act may pass to enable them to sell the said land, in order to raise money towards purchasing a convenient glebe, for the use of the parson of the said parish of Washington: | Vestry of parish of Washington, in the county of Westmoreland, authorised to sell certain lands. | |
| II. BE it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said land, so given by the said William Horton to the Round-hill church, shall be and the same is hereby vested in the present vestry to the said parish of Washington and the vestry of the said parish for the time being, in trust, that they shall sell, and |
| by deeds of bargain and sale convey, for the best price that can be got for the same, the said tract of land with the appurtenances, by such description as they shall think fit, to any person or persons, who shall be willing to purchase the same, to hold to such purchaser or purchasers in fee-simple, and when the same shall be so sold and conveyed, in trust, for and towards purchasing, with the money arising by such sale, a convenient tract of land for a glebe, for the use of the parson of the said parish of Washington, for the time being for ever, and for building thereon according to the directions of the act of Assembly in such case made and provided. | |
| CHAP. XL. An Act for clearing Appomattox and Pamunkey rivers. | |
| I. WHEREAS the upper part of the rivers Appomattox and Pamunkey are become useless to the inhabitants of this colony, by means of mill-dams, fish-hedges, and other obstructions therein, 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 the honourable Peter Randolph, esquire; William Randolph, George Carrington, Clement Read, John Nash, Benjamin Harris, George Walker, and Joseph Morton, the younger, gentlemen, be and are hereby appointed trustees for the clearing the river Appomattox; and that the honourable William Nelson, esq; the honourable Thomas Nelson, esq; Ralph Wormley, John Chiswell, John Syme, Henry Robinson, William Winston, the younger, and William Dabney, gentlemen, be appointed trustees for the clearing the river of Pamunkey, and the said trustees are authorised and impowered to take and receive subscriptions for the clearing of the said rivers, and they are hereby directed to apply the money, arising from such | Appomattox and Pamunkey rivers, to be cleared. |
| subscriptions, for the clearing the river, to which they are respectively appointed by this act, and they or any four of them, may agree with any person or persons for clearing the said rivers, who shall have full power and authority to remove all stops, which they or the said trustees shall think, in any wise, obstruct the navigation of the same. | |
| III. And be it further enacted, That where any mill-dams are raised or built across the said rivers, or either of them, the proprietor or proprietors of such mill or mills, shall within six months after the passing of this sct, build erect, or prepare a gate, lock or passage, sufficient and convenient for the passing of any boat or other vessel, and if the proprietor or proprietors of any such mill or mills, shall fail to erect, build or prepare such gate, lock, or passage, within six months after the passing of this act, then it shall and may be lawful, to and for the said trustees, or the person or persons so appointed by them, to break down and destroy the said mill-dams, any law, usage, or custom to the contrary, in any wise, notwithstanding. | |
| IV. And whereas by an act, made in the twenty second year of his present majesty's reign, intituled, An act for clearing rivers and creeks, it is enacted "That all hedges, or stone-stops, already made across any river, creek, or run, shall be taken up and destroyed by the person or persons who made or placed the same," under a certain penalty therein mentioned, which hath not answered the purposes expected, by reason of the difficulty of fixing the proof on the person or persons offending against the said act, Be it therefore enacted, by the authority aforesaid, That the charge of taking up and destroying any hedges and stone-stops, or any part of them, that shall be standing, or remaining, in either of the said rivers of Appomattox or Pamunkey, on the tenth day of July next, or at any time after that day, shall be repaid to the said trustees respectively, by the person or persons opposite to whose lands the said hedges, or stone-stops, shall be; and the said person or persons permitting them to remain as aforesaid, shall moreover be liable and subject to the penalties by the said recited act imposed. | |
| V. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the said trustees, |
| or any person or persons employed by them in the execution of this act, to pass through, or go on shore upon the lands of any person whatsoever, without being subject to an action of trespass for the same; and if any suit shall be commenced for any thing done in pursuance of this act, the person or persons sued, may plead the general issue, and give this act in evidence; and every court before which such suit shall be prosecuted, where a verdict shall be found for the defendant, or the plaintiff shall be non-suited, shall give judgment for the defendant and treble costs. | |
| VI. And be it further enacted by the authority aforesaid, That it shall be lawful for the said trustees, or person employed by them, respectively, to cut or take off the lands of any person adjacent to the said rivers, such, and so much timber, as shall be necessary for the purposes of this act, and the same shall be viewed and valued, as is directed by an act made in the twenty second year of his majesty's reign, intituled, An act concerning highways, mill-dams, and bridges, and shall be paid for by the said trustees. | |
| VII. And be it further enacted, That in case of the death, removal out of the county, or other legal disability of any one or more of the trustees before named, it shall and may be lawful for the surviving or remaining trustees, from time to time, to elect and choose so many other persons, in the room of those so dead ro removed, as shall make up the number of eight, which trustees so chosen, shall be, to all intents and purposes, vested with the same power as any other in this act particularly nominated and appointed. | |
| CHAP. XLI. An Act for building a bridge over Appomattox river, by subscription. | |
| I. WHEREAS it hath been represented to this General Assembly, that a bridge over Appomattox river, from Bolling's point, in the county of Prince George, to the land of John Bolling, gentleman, in | Bridge over Appomattax river to be built. |
| the county of Chesterfield, would be very convenient for travellers; and divers of the inhabitants of the said counties have petitioned for leave to build a bridge over the said river by subscription: | |
| 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 John Bolling, Richard Eppes, William Kennon, Roger Atkinson, Robert Bolling, Frederick Jones, and William Pride, gentleman, be, and they are hereby nominated and appointed trustees for building a bridge over the said river, at the place aforesaid; and the said trustees, or any four or more of them, shall have power and authority to receive subscription from any person or persons, and to apply the money subscribed, towards building, maintaining and keeping in repair the said bridge, in such manner as they the said trustees, or any four or more of them, shall judge necessary and convenient, so that the same be not less than twelve feet in breadth, and railed on each side three feet high, with one arch across the channel, at least ten feed above high water, and thirty feet wide, for the passage of flats and other vessels. | |
| III. And be it further enacted by the authority aforesaid, That upon the death, removal out of the county, or resignation of any of the said trustees, the other trustees, or any four of them, shall and may elect one or more person or persons, of the same county, in the stead of the trustee or trustees so dying, removing, or resigning, and the trustee or trustees so elected, shall have the same power and authority, as if he or hey had been particularly nominated and appointed by this act. | |
| IV. And be it further enacted, by the authority aforesaid, That the said bridge shall be maintained no longer than the same can be done by subscription, and that neither the justices of the county of Dinwiddie, when the same shall take place, or the justices of the said county of Chesterfield, shall be obliged, at any time hereafter, to build a bridge over the said river, at the place aforesaid, at the charge of their counties; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. |
| CHAP. XLII. An Act for preserving the breed of Sheep. | |
| I. WHEREAS the breed of sheep is greatly diminished in many parts of this dominion; that is to say, in the counties of James City, York, Warwick, Elizabeth City, Richmond, Fairfax, Middlesex, Essex, Gloucester, Charles City, King George, Northampton, Westmoreland, Northumberland, Lancaster, Goochland, King William, New Kent, King and Queen, Prince George, and Princess Anne, by reason that negroes and other slaves are not restrained from carrying dogs about with them, from place to place, for prevention whereof; | Preservation of Sheep. |
| 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 tenth day of June, it shall not be lawful for any negroe, or other slave or slaves, in the counties aforesaid, in going from one plantation to another, to carry with him, her, or them, any dog whatsoever, other than is herein after excepted; and if any slave or slaves, shall presume to carry about with him, her, or them, any dog, contrary to the intention of this act, it shall and may be lawful for any person or persons whatsoever, to kill and destroy every such dog; and moreover, the slave or slaves so offending, shall, upon complaint made before any justice of the peace, receive on his, her, or their bare back, twenty lashes, by order of such justice. | |
| III. And whereas dogs frequently ramble from home, and destroy great numbers of sheep, and some persons are so unneighbourly as to refuse their being killed; Be it further enacted, by the authority aforesaid, That it shall and may be lawful for any justice of the peace, upon due proof made to him, of any dogs killing sheep, to order such dog to be destroyed forthwith. | |
| IV. Provided, That nothing herein contained shall be construed to hinder any person or persons from sending his or their slave or slaves, from place to place, with his or their hounds, spaniels, pointing or setting dogs, for his or their diversion, as they might have done before the making of this act. |
| V. And be it further enacted, That this act shall continue and be in force, for and during the term of two years, and from thence to the end of the next session of Assembly. | |
| CHAP. XLIII. An Act for allowing a free ferry to be kept at Port Royal. | |
| I. WHEREAS it hath been represented to this present General Assembly, that it will be of great advantage to the inhabitants of the town of Port Royal, in the county of Caroline, and others, and will much increase the trade thereof, if a free ferry should be kept from the said town over Rappahanock river, to the land now in the possession of John Moore, in the county of King George. | Ferry at Port Royal established. |
| II. BE it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful, for the inhabitants of the said town of Port Royal, to keep a ferry from the said town, over the said river, to the land of the said John Moore, and from the land of the said John Moore, to the said town, and transport any person or persons, with their commodities, at the said places, without receiving any reward for the same. |
| CHAP. XLIV. | ||
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| I. WHEREAS Philip Edloe, of the county of Charles City, deceased, being in his life time seised and possessed of a certain tract or parcel of land, lying and being in the parish of Westover, in the said county, and containing by estimation two hundred and fifty acres; did, by his last will and testament, bearing date the seventh day of February, in the year of our Lord one thousand seven hundred and twenty six, give and bequeath the same unto his then wife, during her natural live, and if she proved with child, and it should be a son, then to such son and the heirs of his body; and for want of such issue he gave and devised the said tract of land to his daughter Rebecca, and the heirs of her body forever, with divers limitations, over in case of failure of issue of the body of the said Rebecca, as by the said last will and testament, reference being thereunto had, may more at large appear. And whereas the child of which the wife of the said Philip Edloe was enceinte, at the time of his making his said will proved to be a daughter, whereby the said Rebecca became seised of the said two hundred and fifty acres of land in tail, under the limitations and restrictions, in the will of the said Philip Edloe, mentioned; and she the said Rebecca, did intermarry with William Clinch, of the county of Surry, gentleman, and is since dead, leaving issue by the said William, a son named Philip Clinch, to whom the reversion and inheritance in tail of the said lands is descended, expectant upon the death of the said William Clinch, who is intituled to the same for life, by the curtesy of | Intail of certain lands, whereof Rebecca Clinch wife of William Clinch died seised, lying in Charles-City docked. |
| England. And whereas the said William Clinch is possessed of six negroe slaves, to wit, three men named Greenwich, Tom, and Charles, and three women named Black Betty, Phillis, and Patt, and of sundry other slaves which he cannot conveniently employ in labour on the said small tract, and it would be greatly to the advantage of the said William Clinch, his said son, and all others claiming in remainder under the said will of the said Philip Edloe, if the said lands were sold, and the money arising by such sale laid out in the purchase of other lands, to be settled, together with the said six slaves to the same uses. And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of Westover, where the said land lieth, that application would be made to this present General Assembly, to dock the intail of the said two hundred and fifty acres of land, and to sell the same, and for investing the money arising by such sale, in other lands, to be settled, together with the said slaves, to the same uses, pursuant to your majesty's instructions. | |
| II. May it therefore pleas your most excellent majesty, at the humble suit of the said William Clinch, in behalf of himself and his said son, that it may be enacted, and Be it enacted by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the commencement of this act, the said two hundred and fifty acres of land, with the appurtenances, shall be, and the same are hereby vested in Carter Burwell, of the county of James City; Benjamin Harrison, and Richard Kennon, of the county of Charles City; Robert Jones, the younger, and Augustine Claiborne, of the county of Surry, gentlemen, who are appointed trustees for putting this act in execution; in trust, that they the said trustees, or the survivors or survivor of them, shall cause the said lands to be sold at a public sale, for the best price that can be got for the same; and upon payment of the purchase money, the said trustees or any three of them, shall seal and deliver a deed or deeds, indented for the conveyance of the fee-simple estate and inheritance of the said land to the purchaser or purchasers, who shall for ever hold and enjoy the same, freed and discharged from all the limitations in the last will and testament of the said Philip Edloe; any law, usage, or |
| custom, to the contrary thereof, in any wise notwithstanding. And if any purchase shall be made, by any person or persons whatsoever, contrary to this act, such sale shall be void, to all intents and purposes whatsoever. | |
| III. And be it further enacted, by the authority aforesaid, That the money arising by the sale of the said lands, shall be, by the trustees, the survivors or survivor of them, as soon as conveniently may be, after receiving the same, fairly lay out and dispose of in the purchase of other lands; and the said trustees, the survivors or survivor of them, are hereby impowered and required to cause a deed or deeds to be executed for the land so by them to be bought to the said William Clinch; which said lands, and the six several slaves, herein before particularly named, from and after the perfecting such deed or deeds, shall descend, pass, and go to the said William Clinch, his said son, and all persons claiming under the will of the said Philip Edloe, descended in such manner, and for such estates, respectively therein, as the said two hundred and fifty acres of land would have remained, gone, and descended, by virtue of the said will, if this act had never been made. | |
| IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the last will and testament of the said Philip Edloe, deceased, all such right, title, interest, claim, and demand, as they, every or any of them, should or might claim if this act had never been made. | |
| V. Provided always, That the execution of this act, shall be and is hereby suspended until his majesty's approbation thereof shall be obtained. |
| CHAP. XLV. | ||
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| I. WHEREAS the act of Assembly made in the twentieth year of the reign of his present majesty, intituled, An act for reviving and amending the acts, for allowing fairs to be kept in the towns of Fredericksburg and Richmond, which will expire at the end of this session of Assembly, hath been found very useful, and of great benefit to the inhabitants of the said towns, by increasing the trade thereof, and it is proper and expedient that the same should be continued; | Act allowing Fairs in Fredericksburg, and Richmond, continued. | |
| II. BE it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said act of Assembly made in the twentieth year of the reign of his present majesty, intituled, An act for reviving and amending the acts, for allowing fairs to be kept in the towns of Fredericksburg and Richmond, shall continue and be in force, from and after the expiration thereof, for and during the term of seven years, from thence next following, and from thence to the end of the next session of Assembly. | ||
| CHAP. XLVI. | ||
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| I. WHEREAS David Crawford, deceased, was in his life time seised in fee of, and in two hundred acres |
| of land, with the appurtenances, lying and being in the parish of St. Paul, in the county of Hanover, formerly New Kent, and being so thereof seized, he the said David Crawford, did make his certain deed poll, bearing date the twelfth day of May, in the year of our Lord one thousand six hundred and ninety seven, and, thereby, for the consideration therein mentioned, did give and grant the same lands unto David Meriwether, gentleman, and to the heirs of his body for ever, and on failure of such heirs, to William Meriwether, gentleman, and his heirs for ever, as by the said deed acknowledged and recorded in the county court of New Kent, may more fully appear. And whereas the said David Meriwether is since dead, leaving issue Thomas Meriwether, his eldest son and heir, who, after the death of his said father, entered into the said two hundred acres of land, and was thereof seised, and apprehending that he had a fee-simple estate therein, hath agreed to sell and convey the same to Rueben Skelton, gentleman, for the consideration of six hundred and fifty nine pounds current money. And whereas the said Thomas Meriwether is seised in fee-simple of and in a certain tract or parcel of land, containing by estimation, two thousand one hundred and twenty acres, lying and being in the parish of Fredericksville, in the county of Louisa, lately purchased by him, of Nicholas Meriwether, gentleman, and William Meriwether, on which last mentioned lands the said Thomas hath made considerable improvements. And whereas it will be greatly to the advantage of the eldest son of the said Thomas Meriwether, to dock the intail of the said two hundred acres of land, whereby the said Thomas may be enabled to provide for his younger children, and to settle the other parcel of land whereof he is seised in fee-simple, being of greater value, to the same uses. And forasmuch as notice has been published three Sundays successively, in the several churches of the said parish of Saint Paul, in the county of Hanover, that application would be made to this present General Assembly, to dock the intail of the said two hundred acres of land, upon settling the other lands of greater value to the same uses, pursuant to your majesty's instructions. | Certain lands vested in Reuben Skelton, and others vested to the same uses. |
| II. May it therefore please your most excellent majesty, at the humble suit of the said Thomas Meriwether, |
| and Rueben Skelton, that it may be enacted, and Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the said two hundred acres of land, so as aforesaid agreed to be sold unto the said Rueben Skelton, be, and are hereby vested in the said Rueben Skelton, his heirs and assigns, to the only use and behoof of the said Rueben Skelton, his heirs and assigns for ever: And that the other parcel of land herein before mentioned to be purchased by the said Thomas Meriwether, lying and being in the county of Louisa, be, and is hereby vested in the said Thomas Meriwether, and the heirs of his body for ever, and on failure of such heirs, the same shall remain, go, and descend to all and every such person and persons, and for such estate or estates, and in such sort, manner and form, as the said two hundred acres of land would have remained, gone, and descended, by virtue of any limitations in the deed of the said David Crawford before mentioned, if this act had never been made. | |
| III. Saving to the king's most excellent majesty, his heirs and successors, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the deed aforesaid, of the said David Crawford, all such right, title, interest, claim and demand, as they, every or any of them, should or might claim if that [this] act had never been made. | |
| IV. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained. |
| Pages 261-281
| Pages 303-324
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