Pages 351-374 
|  Pages 399-423
|
| Pages 351-374
| Pages 399-423
|
| CHAP. XIII. | |
| An Act for appointing several new Ferries. | Edit 1769, p. 316. |
| 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 public ferries be constantly kept at the places hereafter mentioned, and that the rates for passing the said ferries be as follows, that is to say, on James river, from four mile creek warehouse landing, on the land of Charles Woodson, in the county of Henrico, to the neck of land belonging to Tarlton Woodson, in the county of Chesterfield; and from the said Tarlton Woodson's, to the said Charles Woodson's, for a man four pence, and for an horse, four pence: And from the land of Charles Ellis, in the county of Henrico, to the land of Daniel Weldon, in the county of Chesterfield; and from the said Weldon's to the said Ellis's, for a man three pence, and for an horse three pence: On the Fluvanna river, from the land of Nicholas Davis, at, or near the mouth of the double creeks, to his land opposite thereto, called Salopian Point, in the county of Albemarle, for a man three pence, and for an horse three pence: On Staunton river, from the land of Robert Wade, in the county of Halifax, to the land opposite thereto, in the county of Lunenburg, for a man three pence, and for an horse three pence: On Bennet's creek, in the county of Nansemond, from Benjamin Bascombe's, to the land of James Buckston; and from the said Buckston's to the said Bascombe's, for a man four pence, and for an horse four pence: On the western branch in Nansemond county, from Jeremiah Godwin's, to the land of James Benn, and from the said Benn's to the said Godwin's, for a man four pence, and for an horse four pence: On Rock Fish river, in the county of Albemarle, from the land of Thomas Joplin across the said river, for a man three pence, and for an horse three pence: On Patowmack river, from the land now in possession of John Posey, in the county of Fairfax, across the said river to the land of Thomas Marshall in Maryland; for a man one shilling, and for an horse | New ferries established. |
| one shilling: On James river, from the land now in possession of Lewis Delony, in the county of Surry, across the said river, to the land of John Edloe, the elder, and from the said John Edloe's, to the land in possession of Lewis Delony, for a man seven pence halfpenny, and for an horse seven pence halfpenny: And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the places aforesaid, the ferry keeper may demand and take the rates following, that is to say, 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 of such chaise, as 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 of neat cattle, as for one horse; for every sheep, goad, or lamb, one fifth part of the ferriage of one horse; for every hog, one fourth of the ferriage of one horse, according to the prices herein before settled at such ferry, respectively, and no more. | ||
| II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Tarlton Woodson, and every person who shall be in possession of the neck of land in the county of Chesterfield, aforesaid, to erect and keep a gate on the road going through the said neck of land to the ferry to be kept from thence, any law, or custom to the contrary notwithstanding. | ||
 CHAP. XIV. | ||
| ||
| I. WHEREAS part of the county and parish of Augusta, lies within the bounds of the territory or | Hampshire county formed from Frederick, and part of Augusta. |
| tract of land, called the Northern Neck belonging to the right honourable Thomas Lord Fairfax, Baron of Cameron; and it will be more convenient if the dividing line between the said territory, and the other part of this colony, be established as the line of the said county, and that part of the said county be added to the county and parish of Frederick. And whereas the said county and parish of Frederick, are of a very long and large extent, and 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 on the first day of May, next ensuing, all that part of the county of Augusta, which lies within the bounds of the Northern Neck, be added to, and made part of the county of Frederick, and the said part of the county of Augusta so to be added to, and made part of the county of Frederick as aforesaid, be divided into two counties; and that all that part thereof, lying to the westward of the ridge of mountains, commonly called and known by the names of the Great North, or Cape Capon mountain, and Warin Spring mountain, extending to Potomack river, be one distinct county, and called by the name of Hampshire; and all that other part thereof, lying to the eastward of the said ridge of mountains, be one other distinct county, and retain the name of Frederick. | |
| III. And for the due administration of justice in the said county of Hampshire, Be it enacted by the authority aforesaid, That after the first day of May, a court for the said county of Hampshire, be constantly held by the justices thereof, upon the second Tuesday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed. | |
| IV. And be it further enacted, by the authority aforesaid, That all that part of the parish of Augusta, in the county of Augusta, which after the division aforesaid, will lie with in the said counties of Frederick and Hampshire, shall be added to, and made part of the parish of Frederick. | |
| V. Provided always, That nothing herein contained shall be construed to hinder the sheriffs or |
| collectors of the said counties of Augusta and Frederick, or the collectors [collector] of the parish of Augusta, in the county of Augusta, as the same now stand intire and undivided from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of that part of the county of Augusta to be added to the county of Frederick as aforesaid, and the inhabitants of the said county of Hampshire, respectively, at the time the same shall take place; but such sheriff or collectors respectively, shall have the same power to collect and distrain for the said fees and dues, as if this act had never been made. | |
| VI. Provided also, That the courts of the said counties of Augusta and Frederick, shall have jurisdiction of all actions and suits, both in law and equity, depending before them, respectively, at the time the said division shall take place, and shall try and determine 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 not been made, any law, usage or custom to the contrary, in any wise not withstanding. | |
| VII. And be it further enacted, That from and after the first day of May, which shall be in the year of our Lord, one thousand seven hundred and fifty six, the said parish of Frederick, shall be divided into two distinct parishes, by the line dividing the said county of Frederick, from the said county of Hampshire, and that all that part of the said parish of Frederick, which, after such division, will lie within the said county of Frederick, shall retain the name of the parish of Frederick; and all the other part thereof, shall be called and known by the name of the parish of Hampshire. | |
| VIII. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the parish of Frederick, as the same now stands undivided, to make distress for any levies or other dues which shall be due from the inhabitants of the said parish of Hampshire, after the said first day of May, one thousand seven hundred and fifty six. | |
| IX. And be it further enacted, by the authority aforesaid, That the freeholders and house keepers of the said parish of Hampshire, 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 Hampshire, before the first day of July, one thousand seven hundred and fifty six, and then and there elect twelve of the most able and discreet persons of the said parish to be vestrymen thereof, which said person so elected having in the court of the said county of Hampshire, 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 vestrymen of the said parish. | |
| 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. XV. An Act for dividing the county of Amelia. | |
| I. WHEREAS many inconveniences attend the inhabitants of the county of Amelia, 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. | Amelia county divided. |
| 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 January next ensuing, the said county of Amelia | Prince Edward county formed. |
| be divided into two counties by a line to run from Ward's ford on Appomattox river, to the mouth of Snail's creek on Nottoway river, and that all that part of the said county, which lies on the upper side of the said line, shall be one distinct county, and called and known by the name of Prince-Edward, and that all that other part thereof, which is below the said line, shall be one other distinct county, and retain the name of Amelia. | |
| III. And for the due administration of justice in the said county of Prince Edward, Be it further enacted by the authority aforesaid, That after the first day of January, a court for the said county of Prince-Edward, be constantly held by the justices thereof, upon the second Tuesday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed. | |
| IV. Provided always, That nothing herein contained shall be construed, to hinder the sheriff or collector of the said county of Amelia, as the same now stands intire and undivided, from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of Prince-Edward, 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, usage, or custom to the contrary thereof, in anywise, notwithstanding. | |
| V. And be it further enacted, by the authority aforesaid, That the court of the said county of Amelia, 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. XVI. | ||
| ||
| I. WHEREAS many inconveniences attend the inhabitants of the county of Lunenburg, by reason of the extent thereof, and the said inhabitants have petitioned this General Assembly that the said county may be divided. | Lunenburg county divided. | |
| 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, from the mouth of Falling-river, up the said river to the fork, thence up that fork, running by John Beard's to the head, thence by a line to be run from the head thereof north, twenty degrees east, to the line dividing the said county from the county of Albemarle; and all that part of the said county of Lunenburg, which lies on the upper side of the said river, and line to be run as aforesaid, shall be one distinct county, and called and known by the name of Bedford; and that all the other part of the said county of Lunenburg, shall be one other distinct county, and retain the name of Lunenburg. | Bedford county formed. | |
| III. And for the due administration of justice in the said county of Bedford, after the same shall take place, Be it enacted by the authority aforesaid, That after the said tenth day of May, a court for the said county of Bedford, be constantly held by the justice thereof, upon the fourth Monday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed. | ||
| IV. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Lunenburg, as the same now is entire and undivided, from collecting and making distress for any public dues or officers fees, which shall |
| remain unpaid by the inhabitants of Bedford, 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 anywise 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 anywise notwithstanding. | |
| VI. And whereas the said county of Lunenburg, as it now stands entire and undivided, is indebted to sundry persons in divers sums of money; and also there are due and owing to the said county divers sums of money, and quantities of tobacco which have been heretofore, and will be this year levied upon the tithable persons of the said county, for paying the debts, and defraying the contingent charges thereof; Be it therefore enacted by the authority aforesaid, That John Payne, and Matthew Talbot, the elder, gentlemen, of the county of Bedford, and Peter Fontaine, the younger, and Lyddal Bacon, 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 Lunenburg, as it now stands 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 Bedford, in proportion to the tithables in each of the said counties, to be by them applied towards lessening the levies of the said counties respectively. | |
| VII. And whereas by reason of the great length of the parish of Cumberland, in the county of Lunenburg, the inhabitants of that parish do lie under divers inconveniencies, Be it therefore enacted by the authority aforesaid, That from and after the tenth day of May, | Parish of Cumberland in Bedford county divided and Russel parish formed. |
| which shall be in the year of our lord one thousand seven hundred and fifty six, the said parish of Cumberland shall be divided into two distinct parishes, and all that part of the said parish, that shall be in the county of Bedford, shall be one distinct parish, and thereafter called and known by the name of Russel. | |
| VIII. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of Russel, 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 Bedford, before the tenth day of July, one thousand seven hundred and fifty six, 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 Bedford, 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 conforamble 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. | |
| IX. 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. | |
| X. And whereas the court day for the county of Halifax, as it is now settled, is found to be very inconvenient as well to the inhabitants of the said county, as to others who are obliged to attend business at that court; Therefore, for rendering the same more convenient, Be it enacted by the authority aforesaid, That from and after the tenth day of May next, the court of the said county of Halifax, be constantly held on the third Thursday in every month, any law, custom, or usage to the contrary, notwithstanding. |
| CHAP. XVII. | ||
| ||
| I. WHEREAS many inconveniencies attend the inhabitants of the county of Surry, by reason of the large extent thereof, and they have petitioned this General Assembly that the said county may be divided. | Surry county divided. | |
| 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 February next, the said county of Surry be divided into two counties, and that all that part of the said county, which lies on James river, and on the inner or lower side of the bounds herein after mentioned, that is to say, beginning at Seacock swamp, on the line dividing the said county of Surry, from the county of Southampton; thence a straight course to Black water, at the mouth of Coppohank, and up Black water to the line dividing the said county of Surry, from the county of Prince George, shall be one distinct county, and retain the name of Surry; and that all the other part of the said county of Surry, shall be one other distinct county, and called and known by the name of Sussex. | Sussex county formed. | |
| III. And for the due administration of justice in the said county of Sussex, after the same shall take place, Be it enacted by the authority aforesaid, That after the said first day of February, a court for the said county of Sussex, be constantly held by the justices thereof, on the second Monday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed. | ||
| IV. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Surry, 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 Sussex, 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 from and immediately after the first day of February next, all that part of the parish of Albemarle, in the county of Surry, which lies on the inner or lower side of the bounds above mentioned for dividing the said county of Surry, shall be added o, and is hereby made part of the parish of Southwark, in the said county of Surry. | |
| VI. Provided always, That nothing herein contained, shall be construed to hinder the collector to the said parish of Albemarle, as the same now stands entire and undivided, from collecting or making distress for any parish levies, which shall remain unpaid by the inhabitants of the said part of the parish of Albemarle, at the time of its becoming part of the said parish of Southwark; but such collector shall have the same power to collect and distrain for such parish levies, and shall be answerable for them in the same manner as if this act had not been made, any law, custom, or usage to the contrary thereof, in any wise, notwithstanding. | |
| VII. And whereas by reason of the great number of bridges in the said county of Sussex, which are now maintained at the charge of the said county of Surry, the levy of the said county of Sussex, by reason of the said division, will be greatly increased, Be it further enacted by the authority aforesaid, That all such money and tobacco, as shall be due and owing to the said county of Surry, at the time the said division shall take place, shall thereupon be vested in the justices of the said county of Sussex, and their successors, to and for the uses following, that is to say, therewith to pay and satisfy all such debts and dues as shall be owing from the said county of Surry, before the said divisions shall take place, and the residue, if any, to be by them applied in defraying the contingent charges of the said county of Sussex. |
| CHAP. XVIII. An Act for dividing the parish of St. Andrew, in the county of Brunswick. | |
| I. WHEREAS the parish of St. Andrew, in the county of Brunswick, by reason of its large extent, is inconvenient to the inhabitants thereof. | Parish of St. Andrew in Brunswick county divided. |
| 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 July next, the said parish of St. Andrew, shall be divided by Meherrin river; and that all that part of the said parish of St. Andrew, which lies on the south side of the said river, shall be one distinct parish, and called by the name of Meherrin; and that all that part of the said parish which lies on the north side of the said river, shall be one other distinct parish, and retain the name of St. Andrew. | Meherrin parish formed. |
| III. And be it further enacted by the authority aforesaid, That the freeholders and housekeepers of the said parishes of St. Andrew and Meherrin, respectively, shall meet at some convenient time and place, to be appointed and publickly advertised, by the sheriff of the said county of Brunswick, at least one month before the first day of September, 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 Brunswick, 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 to be deemed and taken to be the vestries of the said parishes, respectively. | |
| IV. Provided always, That nothing herein contained shall be construed to hinder the collector of the said parish of St. Andrew, as the same now is entire and undivided, from collecting and making distress for any parish levies which shall remain unpaid by the inhabitants of the said parish of Meherrin, at the time of its taking place, but such collector 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. | |
| V. And whereas there is due and owing to the said parish of St. Andrew, divers sums of money, and quantities of tobacco, which have been heretofore levied on the tithable persons of the said parish, for defraying the contingent charges thereof. And also the vestry of the said parish, at the expense thereof, have lately purchased books, plate, and church ornaments of considerable value. | |
| VI. Be it therefore enacted, by the authority aforesaid, That the vestry of the said parish of St. Andrew, from and after being elected and qualified in manner aforesaid, shall have power and authority to demand and receive of all and every person and persons indebted to the said parish of St. Andrew, as it now stands entire and undivided, all debts and dues owing to the said parish, and after they shall have received the same, shall pay to the vestry of the said parish of Meherrin, for the use of their said parish, an equal part of all such money and tobacco, in proportion to the number of tithable persons in the said parishes respectively. And also shall reimburse and pay to the said parish of Meherrin, one third part of the sum of money first expended in the purchase of the said plate, and also the said parish of Meherrin, shall and may retain the books and ornaments that have hitherto been made use of in the chapels which are on the south side of the said river Meherrin. |
| CHAP. XIX. | ||
| ||
| I. WHEREAS the glebe of the parish of South Farnham, in the county of Essex, is very inconveniently situated, and the minister and vestry of the said parish have petitioned this General Assembly, for leave to sell the same, and to purchase a more convenient glebe. | Vestry of South Farnham, in Essex county, authorised to sell their glebe. | |
| 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 glebe land belonging to the said parish of South Farnham, eontaining about two hundred and fifty acres, be, and is hereby vested in the present vestry of the said parish for the time being in trust. Nevertheless, that the said vestry, or the greater part of them, shall be impowered by deed of bargain and sale, indented and duly recorded, to convey the said glebe with the appurtenances, for a valuable consideration of money, bona fide received, to such person or persons as shall be willing to purchase the same, to hold to such purchaser or purchasers, his or their heirs and assigns for ever: And the money arising by such sale, shall be by them laid out and applied towards purchasing a more convenient glebe, and erecting houses thereon, for the use and benefit of the minister of the said parish, for the time being, for ever. | ||
| III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person, bodies politic and corporate, their respective heirs and successors, other than the minister and vestry of the said parish, all such right, |
| title, interest, claim, and demand, as they, every, or any of them, should or might have had or claimed to the said glebe land, if this act had never been made. | ||
CHAP. XX. | ||
| ||
| I. WHEREAS Benjamin Sym, late of the county of Elizabeth-City, deceased, was in his life-time seised in fee-simple, of a tract or parcel of land, containing two hundred acres or thereabouts, with a marsh contiguous thereto; situate, lying, and being, in the county of Elizabeth-City, and being so seised, by his last will and testament bearing date the twelfth day of February, in the year of our lord, one thousand six hundred and thirty four, devised the use of the said land, (by the description of two hundred acres of land being in the Poquoson river) with the milk, and increase of eight milch cows, for the maintenance of a learned honest man, to keep upon the said ground a free school for the education and instruction of the children of the adjoining parishes of Elizabeth-City and Kiquotan, viz. from Mary's-mount downwards, to the Poquoson river, and declared his will and desire to be, that the justices of the peace of the said county, (by the name and title of the worshipful the commanders, and the rest of the commissioners of this liberty) with the minister and church-wardens to the said parish of Elizabeth-city, should see his said will, from time to time justly and truly performed, and further declared his will and desire to be, that when there should be a sufficient increase of the said cattle, part | Justices and church-wardens of Elizabeth-City, enabled to hold lands devised by Banjamin Sym, for a free school. |
| of them should be sold, and the money raised by such sale, laid out in building a school-house; and that the residue of the said increase, after the school-master should have s sufficient stock, should be applied towards repairing the school house, and maintaining poor children, or decayed or maimed persons, according to the direction of the said justices, minister, and church wardens. | |
| II. And whereas the charitable intention of the said Benjamin Sym, the donor, hath not been effectually fulfilled. To the end that the said charity may be more beneficial for the future, | |
| III. BE it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the present justices of the peace of the said county of Elizabeth-City, and such as after them shall succeed to be justices of the peace for the said county, during the time they shall so continue justices; the present minister of the said parish of Elizabeth City, and such as after him shall succeed to be minister thereof, during the time they shall continue or be in the same office, and the present church-wardens of the said parish of Elizabeth-City, and such as after them shall succeed to be church-wardens thereof, during the time they shall so continue in the same office; shall and may be trustees and governors of the said free school, and of the said tract or parcel of land and marsh, with the appurtenances at all times hereafter for ever: And that the said trustees and directors shall for ever hereafter stand and be incorporated, established and founded, in name and deed, a body politic and corporate, to have continuance forever, by the name of the trustees and governors of Sym's free school in the county of Elizabeth-City, and that they the said trustees and governors may have perpetual succession, and that by that name they and their successors may forever hereafter have, hold, and enjoy the above mentioned tract or parcel of land, containing by estimation two hundred acres, according to the known and reputed bounds thereof, and the marsh aforesaid, with the appurtenances; and that the said trustees and governors, and their successors, or the greater part of them, by the same name shall and may have power, ability and capacity, to demise, lease, and grant the said tract or parcel of land and marsh, with the appurtenances, and |
| the present stock of cattle being thereon, and belonging thereto, for any term of years not exceeding twenty one years, or for any term of years determinable upon one, two, or three lives, of for one, two or three lives, reserving the best and most improved rent that can be got for the same; and to take, acquire, and purchase, and to sue, and be sued, and to do, perform, and execute all other lawful acts and things, good, necessary, and profitable, for the said corporation, [incorporation,] in as full and ample a manner and form, to all intents, constructions and purposes, as any other incorporation, or body politic or corporate, fully, and perfectly founded and incorporated may do. And that the said trustees and governors, and their successors for the time being, may have and use a common seal for the making such their demises, leases, and grants, and for the doing all and every other thing and things, touching or in anywise concerning the said incorporation; and that the said trustees and governors, and their successors for the time being, or the greater part of them, shall and may have full power and authority by writing under their common seal, to nominate and appoint when, and as often as they shall think good, such person as they shall approve of, to be master of the said free school; which said master, before he be received or admitted to keep school, shall undergo an examination before the minister of the said parish, for the time being, and produce a certificate of his capacity, and also a licence from the governor or commander in chief of this dominion, for the time being, agreeable to his majesty's instructions. And the said trustees and Governors, and their successors for the time being, shall and may have full power and authority to visit the said free school, and to order, reform, and redress all disorders and abuses in and touching the government and disposing of the same, and to remove the said master, as to them, or the greater part of them shall seem just, fit, and convenient. And that the said trustees and governors, and their successors, or the greater part of them for the time being, shall apply the rents to be paid for the said tract or parcel of land, with the appurtenances, and stock of cattle, aforesaid, to the maintenance of the said school-master, and erecting and keeping in repair, a sufficient school-house for his dwelling, and teaching the children of the adjoining parishes of Elizabeth-City and Kiquotan, | |
| |
| The blue letters in their, above, were spaces in the printed volume. |
| viz. from Mary's-Mount downwards, to the Poquoson river; and the surplus, in case there shall be any, to the maintenance of such poor children, or decayed or maimed persons, as the said trustees and governors, and their successors, or the major part of them shall think fit. | |
| III. And be it further enacted by the authority aforesaid, That the said trustees and governors, and their successors, or the greater part of them for the time being, shall have full power, ability and capacity, by the name aforesaid, to sue for, and recover all rents, and arrears of rent, and all and every sum and sums of money, due for the occupation of the said tract or parcel of land, by virtue of any agreement or contract, heretofore made with the present justices of the peace of the said county, and minister and church-wardens of the said parish, or their predecessors, or the greater part of them against the person and persons from whom the same are due, his and their executors and administrators; and also all damages sustained by occasion of not repairing the houses on the said tract of land, or by the occasion of the breach of any other part of such contract or agreement, any law, or custom to the contrary, notwithstanding. | |
| 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 heirs and successors, other than the person and persons claiming as heir or heirs of the said Benjamin Sym, all such estate, right title, claim and demand, which they, or any of them should or might have, of, in, to, or out of the premises, or any of them, or any part thereof. |
| CHAP. XXI. | ||
| ||
| I. WHEREAS Edward Wade, late of the parish of Wilmington, in the county of James City, deceased, did by his certain indentures of lease and release, bearing date the fifth and sixth days of March, in the year of our Lord, one thousand seven hundred and eighteen, for the consideration in the said release expressed, convey to George Woodward and William Barret, then churchwardens to the parish of Wilmington, in the counties of James City and Charles City, a plantation and two hundred acres of land, or thereabouts, situate in the said county of James City, to hold to them the said George Woodward and William Barret, churchwardens as aforesaid, and to their successors, for and to the only proper use and behoof of the said parish of Wilmington, and their assigns for ever, as by the said indenture, duly recorded in the county of James City may more fully appear. And whereas by an act of Assembly made in the ninth year of the reign of his late majesty king George the first, the said parish of Wilmington was dissolved, and part thereof added to the parish of Blisland, in the counties of James City and New Kent. | Vestry of parish of Blisland, in the counties of James-City and New-Kent, authorised to sell certain lands and purchase plate &c. for the church. | |
| II. And forasmuch as the minister, churchwardens and vestry, by their humble petition have represented to this General Assembly, that the houses on the said plantation are become ruinous and untenantable, and that the said land is a charge, and of no manner of use to the said parish; 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 aforesaid plantation, and two hundred acres of land, with the appurtenances, shall, |
| from and after the passing of this act, be, and are hereby vested and settled in the present minister, wardens, and vestry, and the minister, wardens, and vestry of the said parish of Blisland, for the time being in trust. Nevertheless that the said minister, wardens, and vestry, or the greater part of the vestry, by bargain and sale, or other deed or deeds, convey the said plantation and land, with the appurtenances, for a valuable consideration of money, bona fide received, to such person or persons as shall be willing to purchase the same, to hold to such purchaser or purchasers, his or their heirs and assigns for ever, and the money arising by such sale, shall be by the said minister, wardens, and vestry, laid out and applied towards purchasing communion plate and ornaments for the lower church in the said parish of Blisland. | |
| II. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the minister, wardens, and vestry of the said parish, all such right, title, estate, interest, claim and demand, as they, every, or any of them, should or might have had or claimed to the said plantation and land, if this act had never been made. | |
CHAP. XXII. An Act for clearing Mattapony river. |
Edi. 1769. pa. 317. |
| I. WHEREAS the upper part of the river of Mattapony is useless to the inhabitants of this colony, by means of fish hedges and other obstructions therein, for remedy whereof. | |
| II. BE it enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the honourable Richard Corbin, esquire, John Robinson, esquire, Lunsford Lomax, Edmund Pendleton, Thomas Turner, Henry Robinson, John Baylor, | Trustees appointed for clearing Mattapony river. |
| and Thomas Johnson, gentlemen, be, and they are hereby appointed trustees, and they, or any four of them, are authorized, impowered and directed, to take and receive subscriptions, and to contract with any person or persons for clearing the said river Mattapony, who shall have full power and authority to remove all stops, which they, or the said trustees, shall think, in anywise obstruct the navigation of the same, as high as Burk's bridge, in the county of Caroline. | |
| III. And be it further 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 the said river Mattapony, on the last day of July next, or at any time thereafter, shall be repaid to the said trustees, by the person or persons to whose lands the said hedges or stops shall be adjacent or nearest to. And the said person or persons permitting them to remain as aforesaid, shall moreover be liable to the penalties imposed by the act of General Assembly made in the twenty second year of the reign of his present majesty, intituled, An act for clearing rivers and creeks. | |
| IV. And be it further enacted, That it shall and may be lawful for the said trustees, or any person or persons employed by them in 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 whom such suit shall be prosecuted where a verdict shall be found for the defendant, or the plaintiff shall be nonsuited, shall award judgement for such defendant and treble costs. | |
| V. And be it further enacted by the authority aforesaid, That it shall be lawful for the said trustees, or persons employed by them, to cut or take off the lands of any person adjacent to the said river, 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. |
| VI. And be it further enacted, 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 be lawful for the surviving or remaining trustees, or any four of them, 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 eight; which trustees, so chosen, shall be vested with the same power, as any other in this act particularly named. | |
CHAP. XXII. An Act for erecting a town on Occoquan river, in the county of Fairfax. | |
| I. WHEREAS it hath been represented to this present General Assembly, that a town on Occoquan river, in the county of Fairfax, on the land of Peter Wagener, would be very convenient for trade and navigation, and greatly to the ease and advantage of the frontier inhabitants. | Colchester in Fairfax county 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 within twelve months after the passing of this act, twenty five acres of land belonging to the said Peter Wagener, situate, lying and being on Occoquan river in the county of Fairfax, shall be surveyed and laid out by the surveyor of the said county, beginning on the upper side of the ferry landing, and extending down the said river, to the land of Waugh, thence back into the said Wagener's land, in such manner as the directors and trustees hereafter named shall appoint, order and direct, so as to include twenty five acres; and the said twenty five acres of land, so to be surveyed and laid out, shall be, and is hereby vested in Peter Wagener, Daniel McCarty, John Barry, William Elzy, and Edward Washington, gentlemen, in trust, and to and for the several purposes herein after mentioned; and the said Peter Wagener, |
| Daniel McCarty, John Barry, William Elzy, and Edward Washington, are hereby constituted and appointed directors and trustees for designing, building, carrying on and maintaining the said town, upon the land aforesaid. And the said directors and trustees, or any three of them, shall, and they hereby have power to meet as often as they shall think necessary, and shall lay out the said twenty five acres of land, into lots and streets, not exceeding half an acre of ground in one lot; and also to set apart such portion or portions of the said land for a market place and public landing, as to them shall seem meet and most convenient. And when the said town shall be so surveyed and laid out, the said directors and trustees shall, and they hereby have full power and authority to sell all the said lots by public sale or auction, from time to time, to the highest bidder; and when such lots shall be sold, any three of the said directors and trustees, shall and may, and they are hereby impowered and required, upon payment of the purchase money, by sufficient conveyance, or conveyances, to convey to the purchaser or purchasers of such lot or lots, the fee-simple estate and inheritance thereof, and he, she, or they, or his, her, and their heirs and assigns respectively, shall and may, for ever hereafter, peaceably and quietly have, hold, occupy, possess, and enjoy the same; freed and discharged from all right, title, claim, interest, and demand whatsoever, of the said Peter Wagener, his heirs and assigns, and of all other persons whatsoever, claiming or to claim, by, from, or under him. | |
| III. Provided always, That the said directors and trustees, after deducting sufficient to reimburse the expence and charge of surveying and laying out the said land, shall pay, or cause to be paid to the said Peter Wagener, his heirs or assigns, all the money arising by the sale thereof. | |
| IV. And be it further enacted, by the authority aforesaid, That the grantee or grantees of every such lot or lots, so to be sold and conveyed in the said town, shall, within two years next after the date of the conveyance of the same, erect, build, and finish on each lot so conveyed, one house of brick, stone, or wood, well framed, of the dimensions of twenty feet square, and nine feet pitch at the least, (or proportionable thereto, if such grantee shall have two or more lots |
| contiguous) with a brick or stone chimney, and the said directors and trustees, shall, and they hereby have full power and authority to establish such rules and orders, for the more regular and orderly placing the said houses, as to them shall seem meet. And if the owner or owners of any such lot or lots, shall fail to pursue and comply with the directions herein prescribed for the building and finishing one or more house or houses thereon, then such lot or lots upon which such house or houses shall not be so built, and finished, shall be, and the same hereby is re-invested in the said directors and trustees, and shall and may be sold and conveyed to any other person or persons whatsoever, in the manner before directed, and shall revest and be again sold, as often as the owner or owners shall fail to obey, perform, and fulfil the directions aforesaid; and the money arising by the sale of such lot or lots, as shall be revested and sold as aforesaid, shall be by the said directors and trustees, from time to time, applied to such public use, for the common benefit of the inhabitants of the said town, as to them shall seem most proper. And if the inhabitants of the said town shall fail to comply with, obey and pursue the rules and orders of the said directors and trustees, in repairing and mending the streets, landings, and public wharfs, they shall be liable and subject to the same penalties, as are by law inflicted for not repairing the highways of this colony. And for continuing the succession of the said directors and trustees, until the governor of this colony shall incorporate some other persons by letters patent under the seal of this colony, to be one body politic and corporate, to whom the government of the said town shall be committed. | |
| V. Be it therefore enacted, That in case of the death of any of the said directors and trustees, or of their refusal to act, the surviving, or other directors and trustees, or the major part of them, shall, and they are hereby impowered and required to assemble, and from time to time, by instrument under their hands and seals to nominate and appoint some other person or persons being an inhabitant or freeholder of the said town, in the place of him or them so dying or refusing; which new director and trustee, or directors and trustees, so nominated and appointed, shall, from thenceforth have the same power and authority in all |
| things relating to the matters herein contained, as if he or they had been expressly named and appointed by this act; and every such instrument and nomination shall, from time to time, be recorded in books of the said directors and trustees. | |
| VI. And be it further enacted by the authority aforesaid, That the said town shall be called by the name of Colchester. | |
| VII. And be it further enacted, That it shall not be lawful for any person or persons whatsoever, to erect or build, or cause to be erected or built in the said town, any wooden chimney; and if any wooden chimney shall be built contrary to this act, it shall and may be lawful for the sheriff of the said county of Fairfax, and he is hereby required and commanded from time to time to cause all such wooden chimnies to be pulled down and destroyed. |
| Pages 351-374
| Pages 399-423
|