Hening's Statutes at Large

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ANNO REGNI

GEORGII II,

Regis Magnæ Britanniæ, Franciæ, et
Hiberniæ, vicesimo octavo.

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At a General Assembly, begun and held at
the College in the City of Williamsburg,
on Thursday the twenty seventh day of
February, in the twenty fifth year of the
reign o four sovereign lord, George II.
by the grace of God, of Great-Britain,
France, and Ireland, king, defender of
the faith, &c. and in the year of our
Lord, one thousand seven hundred and
fifty two. And from thence continued
by several proragations, to Thursday the
twenty second dsy of August, in the
28th year of his majesty's reign, and in
the year of our lord one thousand seven
hundred and fifty four, and then held at
the Capitol in the City of Williamsburg;
being the fourth session of this Assembly.

Robert Dinwiddie, esq. Governor.

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CHAP. I.

An Act to impower Thomas Dansie to receive ferriages for transporting passengers to and from the causeway opposite to his land, and for other purposes therein mentioned.

I. WHEREAS by an act of Assembly, made at a General Assembly, begin and held at the College in Williamsburg, on Thursday the twenty seventh day

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of October, in the twenty second year of the reign of our sovereign lord king George the second, intituled, An act to impower Thomas Dansie to make a causeway through the marsh opposite to his wharf; reciting that the passage from Claiborne's ferry, in King-William county, to the place appointed by law in New-Kent county, was long and dangerous, and that making a road or causeway thro' the marsh opposite to the wharf of the said Thomas Dansie, in the said county of King-William, would render the passage of travellers short and safe, and be very beneficial to the public: therefore it was enacted, that the said Thomas Dansie should be impowered and authorized, and he was therby impowered and authorized to clear, dig up, extend, maintain, and improve a causeway, from the river opposite, to his said wharf, thro' the said marsh, to the high land in the said county of New-Kent; and from time to time to widen, repair and improve the same, and also to erect and build bridges over any gut or creek in the said marsh.	Thomas Dansie, authorized to receive ferriages, for passing to and from the causeway, near Claiborne's ferry, between King William and New Kent.
II. And whereas the said Thomas Dansie hath represented to this present General Assembly, that he hath, at a very great expence, trouble and labor, begun the said causeway, and extended the same a considerable length, and doubts not but he shall be able to finish the same in a short time, so as to render the passage over the river, safe, commodious, and expeditious to travellers, but that he will be liable to the action of any adjacent ferry-keepers, if he takes any reward for setting passengers over the river, to and from the said causeway; and also that the intention of erecting the said causeway will be frustrated, unless a road is cleared from the same, in the county of New-Kent, to the main road leading to the ferry-landing, opposite to Claiborne's ferry in the county of King-William.
III. 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, to and for the said Thomas Dansie, and his assigns, as soon as he, or they shall have made and finished the causeway aforesaid, through the said marsh, to the high land in the said county of New-Kent, and erected necessary bridges over the said guts and creeks, but not before, to demand and receive the same rates for every

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passenger, horse, wheel-carriage, hogshead of tobacco, head of nett cattle, sheep, goat, or hog, to be by him, or them transported from his land in the county of King William, to the said causeway, or from the said causeway to the said land, the same rates as are by law now taken and received at Claiborne's Ferry; and that no other person or persons presume to set over, or transport any passenger or beast from the said causeway, to the said county of King-William, but the said Thomas, or his assigns; nor shall the court of the said county of New-Kent, have power to appoint any ferry, at, or from the said causeway, so long as the said Thomas Dansie, or his assigns shall keep up and support the same, and the bridges aforesaid, at his or their own proper costs.
IV. And be it further enacted, by the authority aforesaid, That the county court of King-William, shall have the same power and authority of ordering and directing what boat, or boats, and the number of hands that shall be kept at such ferry: And the said Thomas, or his assigns, shall have and enjoy the same privileges, and be subject and liable to tall the regulations, fines, and penalties, that are given, made, laid, and inflicted on ferry-keepers, by an act of Assembly made in the twenty second year of his present majesty's reign, intituled, An act for the settlement and regulation of ferries, and for dispatch of public expresses.
V. And be it further enacted, That the court of the said county of New-Kent, shall appoint three or more proper persons to lay out a road from the said causeway to the main road leading to the present ferry in that county; which persons shall be sworn before a justice of peace, to perform the same, for the convenience of travellers, and with the least prejudice to the proprietors of the lands over which the said road will lead as may be; and then it shall and may be lawful, to and for the said Thomas Dansie, and his assigns, to clear and keep in repair the said road, so to be laid out from time to time; and he and they shall be obliged to do the same, under the like penalties as are by law inflicted on surveyors of highways, so long as the said Thomas Dansie, or his assigns, shall keep up the said ferry; but in case such ferry shall be discontinued, the said road shall be discontinued also.

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CHAP II.

An	Act to dock the intail of certain lands whereof Nathaniel West Dandridge, gentleman, is seised, and for settling other lands and slaves of greater value to the same uses.

I. WHEREAS John West, late of the parish of Saint John, in the county of New-Kent, was in his lifetime, seised in fee-simple, among other lands, of, and in a certain tract or parcel of land, then called Barber's-Fields, situate, lying, and being, in the said parish of Saint John and county aforesaid, but now in the county of King-William; and by his last will and testament in writing, bearing date the fifteenth day of November, one thousand six hundred and eighty nine, devised the same unto his son, Nathaniel West, and his heirs forever; but in case of his death, or default of issue, then to his two sons, John and Thomas West, and their heirs, equally to be divided between them: And in case his three sons aforesaid, should die without issue, then the said land to descend to his daughter Anne Fox, wife to Henry Fox, and her hairs for ever; as by the said will, duly proved, and recorded in the court of the county of King and Queen, may more at large appear; And some time after making the said will, the said John West died so seised, after making the said will, the said John West died so seised, after whose death the said Nathaniel West entered into the said lands, and became thereof seised in fee tail; and being also seised in fee-simple of, and in two tracts or parcels of land, containing together, twelve hundred and forty seven acres, situate, lying and being in the said parish of Saint John, and county of King-William, he the said Nathaniel West, by indenture of lease and release, hearing date the seventeenth and eighteenth days of March, one thousand seven hundred and nineteen, did, for the considerations therein mentioned, bargain, sell, and convey the last mentioned tracts of land, unto John Holloway, late of the city of Williamsburg, esquire, his heirs and assigns for ever, in trust for the use of William Dandridge, esquire, and Unity his wife, (daughter of the said

Intail of certain lands whereof Nathaniel West Dandridge is seised, in King William docket.

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Nathaniel West) for and during the terms of their natural lives, and of the life of the longer liver of them, without impeachment of waste; and from and after the death of the survivor of them the said William and Unity, to the use and behoof of the heirs of the body of the said Unity, lawfully to be begotten; and for default of such issue, to the use of the said Nathaniel West for life, and after his death, as to nine hundred and thirty three acres, part of the said lands, to the use of the heirs and assigns of the said Nathaniel West; and as to the residue thereof, to the use of the heirs male of the body of Thomas West, brother of the said Nathaniel; and for default of such issue, to the right heirs of the said Nathaniel West for ever; as in, and by the said indentures, duly proved and recorded in the court of the said county of King-William may more fully appear. And some time after making the said indentures, the said Nathaniel West died, leaving issue the said Unity Dandridge, his only child and heir of his body; after whose death the said William Dandridge, and Unity his wife became seised, as well of the said land called Barber's Fields, alias Barber's Hills, as of the other lands herein before mentioned; and are both since dead, leaving issue Nathaniel West Dandridge, gentleman, their eldest son, and heir of the body of the said Unity, who, after the death of the said William and Unity, became seised in fee-tail of all the lands herein before-mentioned; and John West, one of the sons of the said John West the elder, being dead, without issue, the remainders and reversions of the several lands under the will of the said John West, and the deed of the said Nathaniel West, must at all events, take place in the same person, as the heir of the body of the said Thomas West, will be right heir of the said Nathaniel West, in case the issue of the said Unity Dandridge should fail.
II. And whereas by an act of Assembly, made in the twenty fifth year of the reign of his present majesty, intituled, An act for docking the intail of certain lands in the county of King-William, and vesting the same in William Dandridge, in fee-simple, and for settling other lands and slaves of greater value to the same uses. It is, among other things enacted, that the said tract of land, called Barber's-Fields, alias Barber's-Hills, with the appurtenances, should be, and the same was thereby vested in William Dandridge,

Nathaniel West) for and during the terms of their natural lives, and of the life of the longer liver of them, without impeachment of waste; and from and after the death of the survivor of them the said William and Unity, to the use and behoof of the heirs of the body of the said Unity, lawfully to be begotten; and for default of such issue, to the use of the said Nathaniel West for life, and after his death, as to nine hundred and thirty three acres, part of the said lands, to the use of the heirs and assigns of the said Nathaniel West; and as to the residue thereof, to the use of the heirs male of the body of Thomas West, brother of the said Nathaniel; and for default of such issue, to the right heirs of the said Nathaniel West for ever; as in, and by the said indentures, duly proved and recorded in the court of the said county of King-William may more fully appear. And some time after making the said indentures, the said Nathaniel West died, leaving issue the said Unity Dandridge, his only child and heir of his body; after whose death the said William Dandridge, and Unity his wife became seised, as well of the said land called Barber's Fields, alias Barber's Hills, as of the other lands herein before mentioned; and are both since dead, leaving issue Nathaniel West Dandridge, gentleman, their eldest son, and heir of the body of the said Unity, who, after the death of the said William and Unity, became seised in fee-tail of all the lands herein before-mentioned; and John West, one of the sons of the said John West the elder, being dead, without issue, the remainders and reversions of the several lands under the will of the said John West, and the deed of the said Nathaniel West, must at all events, take place in the same person, as the heir of the body of the said Thomas West, will be right heir of the said Nathaniel West, in case the issue of the said Unity Dandridge should fail.

II. And whereas by an act of Assembly, made in the twenty fifth year of the reign of his present majesty, intituled, An act for docking the intail of certain lands in the county of King-William, and vesting the same in William Dandridge, in fee-simple, and for settling other lands and slaves of greater value to the same uses. It is, among other things enacted, that the said tract of land, called Barber's-Fields, alias Barber's-Hills, with the appurtenances, should be, and the same was thereby vested in William Dandridge,

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younger son of the said William the father, in fee-simple, and that four hundred and ninety six acres of land, whereof the said William Dandridge the father died seised in fee-simple, commonly called and known by the name of Whitehead's and Underwood's quarters, together with nine negroe slaves, named Molly, Sarah, Tom, Robin, Jemmy, Billy son of Ogee, Jack the son of negroe Judy, Will Jackson a new negroe, and Sharper, and also the issue and descendants of the slaves aforesaid, since the death of the said William Dandridge the father should be, and the same were thereby vested in the said Nathaniel West Dandridge, to pass in descent, remainder, and reversion, to such person and persons, for such estate and estates, and subject to the like limitations, as the said tract of land, called Barber's-Fields, alias Barber's-Hills, was ans stood limited by the last will and testament of the aforesaid John West, as in and by the said in part recited act may more fully appear.
III. And whereas the said Nathaniel West Dandridge is seised in fee-simple, of and in four hundred and ten acres of land, situate lying and being in the county of Hanover, adjoining to a large tract of land of which the said Nathaniel West Dandridge is seised in fee-tail, under the will of the said Unity his mother; and is also possessed of the following slaves, to wit, Nell, George and Charles children of Nell, Hannah, Delphia her child, Doll, Betty and Jack children of Doll, Moll, Nanny, Lucy, and Milly children of Nanny, Dina, Doll her child, Betty, Lucy, Faner, and Sam, children of Betty, Sally, Deal her child, Judy, Mima her child, Molly, Aggy, Dick, Billy and Betty, children of Nanny, Isbell, Mill-Creek Nanny, Jack, Jenny, and Nanny, children of Mill Creek Nanny, little Hannah child of Phillis, Jenny child of Faner, Gill and Squire sons of Sarah, Napier son of Betty, Will son of Faner, Jemmy and Will sons of Hannah, Sam and Natt sons of Isbell, Johnny son of Tamar, David Son of Greenwich, Will, Jemmy, and London, as of his own proper slaves; and it will be for the advantage and benefit of the heir in tail, and of those claiming in remainder and reversion, under the will of the said John West and the deed of the said Nathaniel West, to dock the intail of the said several tracts of land, in the county of King-William, whereby the said

younger son of the said William the father, in fee-simple, and that four hundred and ninety six acres of land, whereof the said William Dandridge the father died seised in fee-simple, commonly called and known by the name of Whitehead's and Underwood's quarters, together with nine negroe slaves, named Molly, Sarah, Tom, Robin, Jemmy, Billy son of Ogee, Jack the son of negroe Judy, Will Jackson a new negroe, and Sharper, and also the issue and descendants of the slaves aforesaid, since the death of the said William Dandridge the father should be, and the same were thereby vested in the said Nathaniel West Dandridge, to pass in descent, remainder, and reversion, to such person and persons, for such estate and estates, and subject to the like limitations, as the said tract of land, called Barber's-Fields, alias Barber's-Hills, was ans stood limited by the last will and testament of the aforesaid John West, as in and by the said in part recited act may more fully appear.

III. And whereas the said Nathaniel West Dandridge is seised in fee-simple, of and in four hundred and ten acres of land, situate lying and being in the county of Hanover, adjoining to a large tract of land of which the said Nathaniel West Dandridge is seised in fee-tail, under the will of the said Unity his mother; and is also possessed of the following slaves, to wit, Nell, George and Charles children of Nell, Hannah, Delphia her child, Doll, Betty and Jack children of Doll, Moll, Nanny, Lucy, and Milly children of Nanny, Dina, Doll her child, Betty, Lucy, Faner, and Sam, children of Betty, Sally, Deal her child, Judy, Mima her child, Molly, Aggy, Dick, Billy and Betty, children of Nanny, Isbell, Mill-Creek Nanny, Jack, Jenny, and Nanny, children of Mill Creek Nanny, little Hannah child of Phillis, Jenny child of Faner, Gill and Squire sons of Sarah, Napier son of Betty, Will son of Faner, Jemmy and Will sons of Hannah, Sam and Natt sons of Isbell, Johnny son of Tamar, David Son of Greenwich, Will, Jemmy, and London, as of his own proper slaves; and it will be for the advantage and benefit of the heir in tail, and of those claiming in remainder and reversion, under the will of the said John West and the deed of the said Nathaniel West, to dock the intail of the said several tracts of land, in the county of King-William, whereby the said

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Nathaniel West Dandridge may be enabled to make a better provision for his younger children, and to settle the said four hundred and ten acres of land in the county of Hanover, with the slaves aforesaid, to be annexed thereto, 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 John, that application would be made to this General Assembly, to dock the intail of the said lands in the county of King-William, and to settle other lands and slaves of greater value to the same uses, pursuant to your majesty's instructions.
IV. May it therefore please your most excellent majesty, at the humble suit of the said Nathaniel West Dandridge, 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 twelve hundred and forty seven acres of land, given as aforesaid, by the deed of the said Nathaniel West, together with the said four hundred and ninety six acres of land, settled by the herein before recited act of Assembly, be, and the same is hereby vested in the said Nathaniel West Dandridge, his heirs and assigns, to the only proper use and behoof of the said Nathaniel West Dandridge, his heirs and assigns for ever; and that the said four hundred and ten acres of land, in the county of Hanover, together with the slaves last above named, and also the said slaves, Molly, Sarah, Tom Robin, Jemmy, billy, son of Ogee, Jack, the son of negroe Judy, Will Jackson, and Sharper, and their issue or descendants, since the death of the said William Dandridge, the elder, shall be, and the same are hereby vested in the said Nathaniel West Dandridge: And that the said four hundred and ten acres of land, with the appurtenances, and the slaves aforesaid, and the issue and descendants of them so long as any of them shall be living, shall pass in descent, remainder, and reversion, to such person and persons, for such estate and estates, and subject to the like limitations as the said lands in the county of King William, is, and stands limitted by the last will and testament of the said John West, and the deed of the said Nathaniel West.
V. And be it further enacted, by the authority aforesaid, That the estate tail in the said lands in the county

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of Hanover, hereby settled in lieu of the other lands in the county of King William, shall not at any time hereafter be docked or defeated by writ in the nature of an ad quod damnum, or otherwise, except by an act of the General Assembly of this dominion.

VI. 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 John West, and the deed of the said Nathaniel West, all such right, title, estate, interest, claim, and demand, as they, every, or any of them should or might claim, if this act had never been made.

VII. And be it further enacted by the authority aforesaid, That so much of the said herein before recited act, as is contrary to any thing within the purview of this act, be, and the same is hereby repealed.

VIII. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained.

CHAP. III.

An	Act for paying the Burgesses wages in money, for this present session of Assembly.

I. WHEREAS by an act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's account it should appear, that there are monies sufficient in his hands to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly; saving and reserving in the hands of the treasurer, over and above the said payment, a balance of one thousand five hundred pounds

Burgesses wages payable in money.

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at the least; then every Burgess elected and serving for a county or corporation within this dominion, should be paid out of the public money, the sum of ten shillings for every day he should serve in the house of Burgesses, with such further allowances, and under such restrictions and regulations, as in the said act is at large directed. And whereas by reason of the low circumstances of the treasury, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act; and the payment of the said wages in money will be a great ease to the poorer sort of people, by lessening the levy by the poll.
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 Burgesses wages for this present session of Assembly, shall be paid by the treasurer on the twenty fifth day of April, in the year of our Lord one thousand seven hundred and fifty five, out of the public money then in his hands, according to the directions and regulations in the said recited act mentioned, any thing in the said act to the contrary thereof in any wise notwithstanding.

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ANNO REGNI

GEORGII II,

Regis, Magnæ, Britanniæ, Franciæ,
et Hiberniæ, vicesimo octavo.

======

At a General Assembly, begun and held at
the College in the City of Williamsburg,
on Thursday the twenty seventh day of
February, in the twenty fifth year of the
reign of our sovereign lord George II.
by the grace of God, of Great Britain,
France, and Ireland, king, defender of
the faith, &c. and in the year of our
Lord, 1752. And from thence continued
by several prorogations, to Thursday the
17th day of October, in the 28th year
of his majesty's reign, and in the year of
our Lord 1754, and then held at the
Capitol in the City of Williamsburg;
being the fifth session of this Assembly.

Robert Dinwiddie, esq. governor.

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CHAP. I.

An Act for raising the sum of twenty thousand pounds for the protection of his majesty's subjects against the insults and encroachments of the French.

I. WHEREAS the subjects of the French king, have, in open contempt of the treaties subsisting between the crowns of Great Britain and France, invaded this colony, and with an armed force taken possession Preamble.

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of a fort built on the river Ohio, for the protection of his majesty's subjects, and in the most hostile manner attacked the forces sent out by his majesty's command, to build forts on the frontiers of this dominion. And whereas the aid already granted for the encouragement and protection of the settlers upon the waters of the Missisippi, hath not been found sufficient to answer the ends for which it was designed; and this present General Assembly being desirous to prevent such violent usurpations and encroachments, and to testify their zeal for his majesty's service, and the interest of their country, are, notwithstanding the extreme poverty of the people, and the grievous burthen of a poll-tax, willing that it may be enacted:
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 sum of two shillings and six pence, or thirty pounds of tobacco, at the option of the payer, shall be paid by every tithable person within this dominion, on or before the tenth day of April now next ensuing, to the sheriff of each county; and the further sum of two shillings and six pence, or thirty pounds of tobacco, at the option of the payer, shall also be paid to such sheriff, by every such tithable person, on or before the tenth day of October now next ensuing; and in case of neglect or refusal of payment by any person or persons, at or before the time aforesaid, every such sheriff is hereby impowered and required to levy the same, by distress and sale of the delinquent's goods and chattels, which first mentioned sum of two shillings and six pence, or thirty pounds of tobacco per poll, shall be, by every such sheriff, accounted for upon oath, and paid to the treasurer of this colony for the time being, on or before the twenty fifth day of April, now next ensuing; deducting only four per centum for his salary in collecting and paying the same, by such sheriff; and the said other sum of two shillings and six pence, or thirty pounds of tobacco per poll, by such sheriff, shall in like manner be accounted for and paid to the said treasurer, on or before the twenty first [fifth] day of October, now next ensuing and shall be by him accounted for to the General Assembly, when thereto required.	Duty.

of a fort built on the river Ohio, for the protection of his majesty's subjects, and in the most hostile manner attacked the forces sent out by his majesty's command, to build forts on the frontiers of this dominion. And whereas the aid already granted for the encouragement and protection of the settlers upon the waters of the Missisippi, hath not been found sufficient to answer the ends for which it was designed; and this present General Assembly being desirous to prevent such violent usurpations and encroachments, and to testify their zeal for his majesty's service, and the interest of their country, are, notwithstanding the extreme poverty of the people, and the grievous burthen of a poll-tax, willing that it may be enacted:

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 sum of two shillings and six pence, or thirty pounds of tobacco, at the option of the payer, shall be paid by every tithable person within this dominion, on or before the tenth day of April now next ensuing, to the sheriff of each county; and the further sum of two shillings and six pence, or thirty pounds of tobacco, at the option of the payer, shall also be paid to such sheriff, by every such tithable person, on or before the tenth day of October now next ensuing; and in case of neglect or refusal of payment by any person or persons, at or before the time aforesaid, every such sheriff is hereby impowered and required to levy the same, by distress and sale of the delinquent's goods and chattels, which first mentioned sum of two shillings and six pence, or thirty pounds of tobacco per poll, shall be, by every such sheriff, accounted for upon oath, and paid to the treasurer of this colony for the time being, on or before the twenty fifth day of April, now next ensuing; deducting only four per centum for his salary in collecting and paying the same, by such sheriff; and the said other sum of two shillings and six pence, or thirty pounds of tobacco per poll, by such sheriff, shall in like manner be accounted for and paid to the said treasurer, on or before the twenty first [fifth] day of October, now next ensuing and shall be by him accounted for to the General Assembly, when thereto required.

Duty.

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And be it further enacted by the authority aforesaid, That the sheriff of every county, shall, at the first or second court to beheld for his county, after the passing of this act, give bond and security for the due collection and payment of the money and tobacco, laid and assessed by this act; and if such sheriff shall be removed from his office, or die before the collection is made, the succeeding sheriff shall, in like manner, give bond and security at the time he shall be sworn into his office.	Sheriffs to give bond.
IV. And be it further enacted by the authority aforesaid, That John Robinson, esq. Charles Carter, Carter Burwell, Benjamin Waller, Richard Bland, James Power, William Digges, Dudley Digges, John Page, John Chiswell, John Norton, William Harwood, gentlemen, Peyton Randolph, and George Wythe, esquires, or any seven of them, shall, from time to time, with the consent and approbation of the governor or commander in chief for the time being, direct and appoint how the said money shall be applied towards maintaining the soldiers already raised or to be raised in this colony, and for defending and protecting the frontiers thereof; and that the said directors shall, as often as there shall be occasion of money for the uses aforesaid, apply themselves to the governor or commander in chief, to issue his warrant to the treasurer for paying so much money as shall be wanting for the purposes aforesaid, not exceeding the sum of twenty thousand pounds, who is hereby required to pay the same accordingly, and shall be allowed the sum of two and an half per centum, for receiving and paying the same; and the said directors shall keep an account of their proceedings, and of the several particular services for which they shall appoint the said money to be laid out, in pursuance of this act, and lay the same before the General Assembly when thereto required.	Directors.
V. And be it further enacted, by the authority aforesaid, That if any such sheriff shall neglect or refuse to account for, and pay the money or tobacco, according to the directions of this act, after deducting the several sums chargeable to persons having no visible estate in his county, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff, upon a motion to them made by the treasurer, to give judgment against such sheriff,	Penalty on Sheriffs.

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and his security given in pursuance of this act, for all the money or tobacco, wherewith he shall be chargeable by virtue of this act, and thereon to award execution.

VI. Provided, that such sheriff shall have ten days previous notice of such motion.

Proviso.

CHAP. II.

An	Act for raising levies and recruits to serve in the present expedition against the French, on the Ohio.

I. WHEREAS his majesty has been pleased to send instructions to his Lieutenant Governor of this colony, to raise and levy soldiers for carrying on the present expedition against the French on the Ohio; and this present General Assembly being desirous, upon all occasions, to testify their loyalty and duty; and taking into their consideration, that there are, in every county and corporation within this colony, able bodied persons, fit to serve his majesty, who follow no lawful calling or employment.

Preamble.

II. BE it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall and may be lawful to and for the justices of the peace of every county and corporation within this colony, or any two or more of them, within their several and respective counties and corporations, upon application made to them, by any officer or officers appointed or impowered to enlist men, to raise and levy such able bodied men, as do not follow or exercise any lawful calling or employment, or have not some other lawful and sufficient support and maintenance, to serve his majesty, as soldiers in the present expedition; and to require and command all sheriffs, under-sheriffs, and constables, within their respective counties and corporations, to be aiding and assisting them in putting this act in execution; and for that purpose to issue out warrants

Power of the justices and method of enlisting.

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under the hands and seals of any two or more of them; thereby commanding such sheriffs, under-sheriffs, and constables, as aforesaid, every, or any of them, to make, or cause search to be made, within their respective counties and corporations, for all such persons as they can find, who are, or shall appear to them to be within the description of this act; and to bring before the said justices all such persons: And in case the said justices, hereby authorized and impowered to put this act in execution, upon examination of the person or persons so brought before them, shall judge them, or any of them, to be such as are hereby intended to be entertained in his majesty's service on this expedition, they shall immediately list him or them as soldiers; and the said justices are hereby authorized and required, by warrant under the hands and seals of any two or more of them, to cause the person or persons so enlisted, to be delivered to such officer or officers, who are hereby required to give a receipt for such person or persons so delivered to him; which receipt shall be returned to the said justices, and by them transmitted to the governor, or commander in chief for the time being.
III. Provided always, That nothing in this act contained shall extend to the taking or levying any person to serve as a soldier, who hath any vote in the election of a Burgess or Burgesses to serve in the General Assembly of this colony, or who is, or shall be an indented or bought servant, or any person under the age of twenty one years, or above the age of fifty years.	Who may not be inlisted under this act.
IV. And be it further enacted by the authority aforesaid, That the pay of every soldier enlisted by virtue of this act, shall commence from the time of his being taken, and delivered to such officer or officers appointed or impowered to enlist men, and such soldier shall receive the same rewards as any other enlisted soldier.	Their pay.
V. And be it further enacted, by the authority aforesaid, That if any person or persons enlisted by virtue of this act, shall be so maimed or wounded, as to be rendered incapable of maintaining themselves, they shall, upon their return, be supported at the public expence.	Their support if wounded.
VI. And be it further enacted, That this act, as to so much thereof, as relates to the raising and levying	Continuance.

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men, shall continue and be in force, from and after the passing thereof, during the term of one year and no longer.

CHAP. III.

An	Act for paying the Burgesses wages in money for this present session of Assembly.

I. WHEREAS by one act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's account it should appear, that there are monies sufficient, in his hands, to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, saving and reserving in the hands of the treasurer over and above the said payment a balance of one thousand five hundred pounds at the least, then every Burgess elected, and serving for a county or corporation within this dominion, should be paid out of the public money the sum of ten shillings for each [every] day he should serve in the house of Burgesses, with such further allowances, and under such restrictions and regulations as in the said act is at large directed. And whereas by reason of the low circumstances of the treasury, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act, and the payment of the said wages in money will be a great ease to the poorer sort of people, by lessening the levy by the poll.

Burgesses wages payable in money.

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 Burgesses wages for this present session of Assembly, shall be paid by the treasurer on the twenty fifth day of October, in the year of our lord, one thousand

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seven hundred and fifty six, out of the public money then in his hands, according to the directions and regulations in the said recited act, mentioned, any thing in the said act, to the contrary thereof in any wise, notwithstanding.

CHAP. IV.

An	Act for adding part of the counties of Albemarle and Lunenburg, to the county of Bedford.

I. WHEREAS the counties of Albemarle, Lunenburg, and Bedford, are at present very inconveniently situated; and it would be a great relief to the inhabitants of the said counties, if part of the said counties of Albemarle and Lunenburgh, were added to the county of Bedford.

Part of the counties of Albemarle and Lunenburg added to the county of Bedford.

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 first day of January now next ensuing, all that part of the county of Albemarle, on the south side of James river, that lies above the head of Falling river, and from thence a direct course to the mouth of Stonewall creek, on James river; and all that part of the county of Lunenburg, that lies to the westward of a line to be run from the mouth of Falling river, north, twenty degrees east, to intersect the line of Prince Edward county, shall be added to, and deemed part of the county of Bedford.

III. Provided always, That nothing herein contained shall be construed to hinder the sheriffs of the said counties of Albemarle and Lunenburg, as the same now stand entire, from collecting or making distress in their respective counties, for any public or county levies, or any other dues that they are by law now enabled to collect, and which shall on the said first day of January, remain unpaid by the inhabitants of those parts of the counties of Albemarle and Lunenburg,

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which are hereby added to the county of Bedford; but the said sheriffs in their respective counties, shall have the same power to collect and distrain for such levies and dues, and shall be accountable for them in the same manner as if this act had never been made.
IV. And whereas by one act act of Assembly made in the twenty seventh year of his majesty's reign, intituled, An act for dividing the county of Lunenburg, and parish of Cumberland, and for altering the court day in the county of Halifax, it was amongst other things enacted, that from and after the tenth day of May, that should be in the year of our Lord one thousand seven hundred and fifty six, the parish of Cumberland, in the said county of Lunenburg, should be divided into two distinct parishes; and that all that part of the said parish that should be in the county of Bedford, should be a distinct parish, and thereafter called and known by the name of Russel, and that the freeholders and housekeepers of the said parish of Russel, should some time before the tenth day of July, one thousand seven hundred and fifty six, meet and elect a vestry of the said parish.
V. And whereas it will be more convenient that the whole county of Bedford should be included in one parish, to take place before the said tenth day of May, and that the vestry should be sooner elected; Be it therefore enacted by the authority aforesaid, That from and after the said first day of January, the said parish of Cumberland, in the said county of Lunenburg, shall be divided into two distinct parishes, according to the directions in the before recited act. That all that part of the county of Albemarle, and of the county of Lunenburg, which are hereby added to the county of Bedford, shall be, and are hereby added to the said parish of Russel, and that the freeholders and housekeepers of the said parish of Russel, shall at some convenient time and place, on or before the first day of May next, meet and elect twelve of the most able and discreet persons of the said parish, to be vestrymen thereof, who being elected and qualified in the manner by the forementioned act directed, shall to all intents and purposes be deemed and taken to be vestrymen of the said parish.	Parish of Russell, in Bedford county, newly modelled.

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CHAP. V.

An	Act for vesting seven hundred acres of land, with the appurtenances, lying on Cherristone's creek, in the parish of Hungar's, and county of Northampton, in Littleton Eyre, gent. in fee-simple.

I. WHEREAS William Kendall, formerly of the county of Northampton, now deceased, being seised in fee simple, among other lands, of seven hundred acres, lying and being on Cherristone's creek in the parish of Hungar's, in the said county did, by deed of gift, bearing date the first day of August, one thousand six hundred and eighty five, in consideration of the love and affection that he bore to his well beloved son in law, Hancock Lee, and in consideration of five shillings sterling, give, grant, assign, and confirm to the said Hancock Lee, and Mary his wife, the said seven hundred acres of land, to hold to the said Hancock Lee, and Mary his wife, during their natural lives, and to the survivor of them; and after their decease to his grand daughter Anna Lee, daughter of the said Hancock and Mary, and the heirs male of her body, lawfully begotten, for ever, with divers limitations and remainder over, in case of failure of such issue. And whereas the said Anna Lee, after the death of her said father and mother, entered into the said seven hundred acres of land, and became thereof seised in tail male, and being so seised, intermarried with one William Armistead, now deceased, and had issue by him John Armistead, now also deceased, her eldest son and heir at law, who let issue John Armistead, of the county of Gloucester, gentleman, his eldest son and heir at law, who after the death of the said Anna, his grandmother, will be entitled to the said seven hundred acres of land in tail male. And whereas the said John Armistead, the father, by his last will and testament in writing, bearing date the ninth day of April, in the year of our Lord one thousand seven hundred and thirty four, did give and devise to his daughter Susanna, six hundred

Certain lands in Northampton, vested in Littleton Eyre.

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pounds sterling, to be paid her when she should attain the age of twenty one years, or marriage; and did also by his said will give and devise to his son William Armistead, six hundred pounds sterling, and did direct that the same should be paid by the said John Armistead, his son, when he should arrive at the age of twenty one years. And whereas the said Susanna, intermarried with Moore Fantleroy, of the county of Richmond, who soon after his marriage brought suit against the said John Armistead, the son, in the county court of Gloucester, and obtained a decree against him for the said six hundred pounds sterling, so as aforesaid given to the said Susanna, with interest thereon, from the time of his marriage. And the said John Armistead, the son, not being able to pay off the said decree, the said Moore Fantleroy sued out an attachment thereon, against the body to the said John Armistead, by virtue whereof the sheriff of the said county of Gloucester, took and arrested the body of the said John Armistead, and him in his custody had and detained until he performed the said decree. And the said William Armistead, having obtained his age of twenty one years, hath lately brought a suit in the said county court of Gloucester, against the said John Armistead, the son, for recovery of his legacy. And whereas the said John Armistead the son, hath already sold all the lands whereof he was seised in fee-simple; and it will be very much to the disadvantage of the said John Armistead the son, and his posterity, if the slaves given him by his father should be sold to pay the said legacies, which if sufficient for that purpose would render the remainder of his lands of little or no benefit to him, or his posterity, and therefore the said John Armistead the son, applied to a former session of this Assembly for, and obtained an act to impower him to sell certain intailed lands in the county of Essex, for the performance of his father's will, but hath not yet been able to sell the same, nor will the same, when sold, raise near sufficient for that purpose. And whereas the said Anna Armistead, the tenant in tail, and John Armistead the son, contracted with Littleton Eyre of the said county of Northampton, gentleman, for the sale of the said seven hundred acres of land, for the sum of eight hundred and fifty pounds current money, which was the most that was offered or could be got for the same, and the said

pounds sterling, to be paid her when she should attain the age of twenty one years, or marriage; and did also by his said will give and devise to his son William Armistead, six hundred pounds sterling, and did direct that the same should be paid by the said John Armistead, his son, when he should arrive at the age of twenty one years. And whereas the said Susanna, intermarried with Moore Fantleroy, of the county of Richmond, who soon after his marriage brought suit against the said John Armistead, the son, in the county court of Gloucester, and obtained a decree against him for the said six hundred pounds sterling, so as aforesaid given to the said Susanna, with interest thereon, from the time of his marriage. And the said John Armistead, the son, not being able to pay off the said decree, the said Moore Fantleroy sued out an attachment thereon, against the body to the said John Armistead, by virtue whereof the sheriff of the said county of Gloucester, took and arrested the body of the said John Armistead, and him in his custody had and detained until he performed the said decree. And the said William Armistead, having obtained his age of twenty one years, hath lately brought a suit in the said county court of Gloucester, against the said John Armistead, the son, for recovery of his legacy. And whereas the said John Armistead the son, hath already sold all the lands whereof he was seised in fee-simple; and it will be very much to the disadvantage of the said John Armistead the son, and his posterity, if the slaves given him by his father should be sold to pay the said legacies, which if sufficient for that purpose would render the remainder of his lands of little or no benefit to him, or his posterity, and therefore the said John Armistead the son, applied to a former session of this Assembly for, and obtained an act to impower him to sell certain intailed lands in the county of Essex, for the performance of his father's will, but hath not yet been able to sell the same, nor will the same, when sold, raise near sufficient for that purpose. And whereas the said Anna Armistead, the tenant in tail, and John Armistead the son, contracted with Littleton Eyre of the said county of Northampton, gentleman, for the sale of the said seven hundred acres of land, for the sum of eight hundred and fifty pounds current money, which was the most that was offered or could be got for the same, and the said

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Anna Armistead, by her certain indenture of bargain and sale, bearing date the twenty ninth day of August, one thousand seven hundred and fifty four, for the consideration of the said eight hundred and fifty pounds, did grant, bargain, sell, and confirm the said seven hundred acres of land, with the appurtenances, unto the said Littleton Eyre, to hold to the said Littleton Eyre, his heirs and assigns, to the only proper use and behoof of the said Littleton Eyre, his heirs and assigns, for ever, with a covenant for further assuring and confirming the said land to him in fee-simple, as in the said indenture recorded in the general court of this colony, among other things more fully is contained; and the said Littleton Eyre, with the consent, and by the directions of the said Anna Armistead, hath actually paid the said eight hundred and fifty pounds, towards discharging the debts aforesaid, of the said John Armistead the son. And whereas notice hath been published three Sundays successively, in the church of the said parish of Hungar's that application would be made to this General Assembly, for leave to dock the intail of the said seven hundred acres of land, pursuant to your majesty's instructions.
II. May it therefore please your most excellent majesty, at the humble suit of the said Anna Armistead, and John Armistead the 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 the said seven hundred acres of land, lying on Cherristone's creek, in the said parish of Hungars, and the county of Northampton, so given by the said William Kendall, to his son in law Hancock Lee, and his daughter Mary, the wife of the said Hancock Lee, during their lives, and after their deaths to the said Anna their daughter, shall be, and the same are hereby vested in the said Littleton Eyre, his heirs and assigns, to the only use and behoof of the said Littleton Eyre, his heirs and assigns for ever.
III. 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 person and persons claiming under the deed aforesaid, made by the said William Kendall, all such right, title, estate, interest, claim, and demand, as they, every, or any of

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them, should, could, or might have had or claimed, if this act had never been made.

IV. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained.

CHAP. VI.

An	Act for docking the intail of certain lands in the county of Nansemond, and vesting the same in Thompson Swann, in fee-simple, and for settling other lands and slaves of greater value, to the same uses.

I. WHEREAS William Thompson, formerly of the parish of Suffolk, in the county of Nansemond, deceased, was in his life time, and at the time of his death, seised in fee-simple, of a plantation containing about three hundred acres of land, lying in the said parish and county whereon he lived, and being so seised, made his last will and testament in writing, bearing date the eighteenth day of April, one thousand six hundred and eighty six, and thereby devised the same to his daughter Elizabeth, and the heirs of her body lawfully begotten, for ever, with divers remainders over; who after the death of her father entered into the same, and became thereof seised in fee-tail, and being so seised, intermarried with one Thomas Swann, now also deceased, and had issue by him Thomas Swann, her eldest son and heir at law, who after her death entered into the said three hundred acres of land, and was thereof seised, and being so seised, had issue Thompson Swann, his eldest son and heir at law, who is now seised of the same in fee-tail. And whereas the said Thompson Swann is seised in fee-simple, of, and in one tract of land containing three hundred acres, in the parish of Raleigh, and county of Amelia, lately purchased by him from one Joseph Boswell, and hath now on the same six slaves, named

Intail of certain lands in Nansemond docked, and vested in Thompson Swann, in fee.

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Jemmy, Will, Lewis, Moses, Patience, and Patt, being his own proper slaves, and it will be for the benefit and advantage of the heir in tail, and those claiming under the will of the said William Thompson, to dock the intail of the said land in the parish of Suffolk, and the county of Nansemond, and to settle the said land in the parish of Raleigh, and the county of Amelia, and the said six slaves to be annexed thereto, and being of greater value, to the same uses. And forasmuch as notice hath been published three Sundays successively, in the several churches in the said parish of Suffolk, that application would be made to this General Assembly, to dock the intail to the said three hundred acres of land in the said parish of Suffolk, and to settle other lands and slaves of greater value to the same uses, pursuant to your majesty's instructions:
II. May it therefore please your most excellent majesty, at the humble suit of the said Thompson Swann, 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 plantation containing about three hundred acres of land, lying and being in the parish of Suffolk, and county of Nansemond, with all its appurtenances, so as aforesaid devised by the last will and testament of the said William Thompson, to his daughter Elizabeth; and whereof the said Thompson Swann is now seised in fee-tail, be, and the same is hereby vested in the said Thompson Swann, now seised in fee-tail, be, and the same is hereby vested in the said Thompson Swann, his heirs and assigns for ever; and that the said tract of land purchased of the said Joseph Boswell, by the said Thompson Swann, lying and being in the said parish of Raleigh, and county of Amelia, and all and every the six slaves before named, together with the future increase of the said female slaves, be, and the same are hereby vested in the said Thompson Swann, and the heirs of his body, lawfully begotten, and on failure of such heirs, the same shall remain and descend to such person and persons in the same manner, and under the same limitations and remainders as the said land in the parish of Suffolk, and county of Nansemond, would have remained and descended by virtue

Jemmy, Will, Lewis, Moses, Patience, and Patt, being his own proper slaves, and it will be for the benefit and advantage of the heir in tail, and those claiming under the will of the said William Thompson, to dock the intail of the said land in the parish of Suffolk, and the county of Nansemond, and to settle the said land in the parish of Raleigh, and the county of Amelia, and the said six slaves to be annexed thereto, and being of greater value, to the same uses. And forasmuch as notice hath been published three Sundays successively, in the several churches in the said parish of Suffolk, that application would be made to this General Assembly, to dock the intail to the said three hundred acres of land in the said parish of Suffolk, and to settle other lands and slaves of greater value to the same uses, pursuant to your majesty's instructions:

II. May it therefore please your most excellent majesty, at the humble suit of the said Thompson Swann, 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 plantation containing about three hundred acres of land, lying and being in the parish of Suffolk, and county of Nansemond, with all its appurtenances, so as aforesaid devised by the last will and testament of the said William Thompson, to his daughter Elizabeth; and whereof the said Thompson Swann is now seised in fee-tail, be, and the same is hereby vested in the said Thompson Swann, now seised in fee-tail, be, and the same is hereby vested in the said Thompson Swann, his heirs and assigns for ever; and that the said tract of land purchased of the said Joseph Boswell, by the said Thompson Swann, lying and being in the said parish of Raleigh, and county of Amelia, and all and every the six slaves before named, together with the future increase of the said female slaves, be, and the same are hereby vested in the said Thompson Swann, and the heirs of his body, lawfully begotten, and on failure of such heirs, the same shall remain and descend to such person and persons in the same manner, and under the same limitations and remainders as the said land in the parish of Suffolk, and county of Nansemond, would have remained and descended by virtue

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of the before mentioned last will and testament of the said William Thompson, if this act had never been made.

III. Provided, That the said Thompson Swann shall cause the names of all the said slaves to be recorded in the court of the said county of Amelia, and that the said slaves so annexed to the said land, and their increase, shall not be liable to be taken in execution, and sold for the satisfying and paying the debts of the said Thompson Swann, or any other person who shall be tenant in tail of the said land, otherwise than the said land before the passing of this act was liable.

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 person and persons claiming under the last will and testament of the said William Thompson, 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. VII.

An	Act to dock the intail of certain lands, whereof Joseph Bridger is seised as tenant in fee-tail, and to sell the same in fee-simple, and lay out the money arising by such sale in slaves, to be annexed to other intailed lands therein mentioned.

I. WHEREAS Joseph Bridger, late of the county of Isle of Wight, deceased, was in his life time, seised in fee-simple of a tract or parcel of land, called White Marsh, containing by estimation, seventeen hundred

Intail of certain lands in Isle of Wight,

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acres, more or less; and also of one other tract or parcel of land, called Curawaok, containing by estimation, seven thousand eight hundred acres, both the said tracts or parcels of land, being situate in the parish of Newport, in the county of Isle of Wight, aforesaid, and so being seised, made his last will and testament in writing, bearing date the third day of August, one thousand six hundred and eighty three, and a codicil to his said will, dated the eighteenth day of October next following, whereby, amongst other things, he gave one half of his plantation of Curawaok, being seven thousand eight hundred acres, to his son Samuel Bridger, for life, remainder to the heirs of his body lawfully begotten: He likewise gave other lands to his son William Bridger, in tail, and then directed, that if either of his sons, Samuel or William, died before they obtained the age of twenty years, and without heirs lawfully begotten of their bodies, then all the lands given as aforesaid, he gave unto the survivor of them for life, remainder to the heirs of his body lawfully begotten; and that it should not go to their elder brother Joseph, but through default of such heirs, and then to him only for life, remainder to the heirs male of his body lawfully begotten. And whereas the said Joseph Bridger, after making his said last will and testament, by his said codicil reciting, that after making his said will, he found his son Joseph Bridger fly out into divers dissolute courses of life, and that he was grown disobedient to him, and that he might not be guilty, by giving him an estate, as an encouragement to continue in his wicked way of living, he did thereby revoke and disanul all and every part of the legacies given him in the will aforesaid, both of lands and personal estate; and did give the said seventeen hundred acres of land, called White Marsh, by the description of the lands and housing where he then dwelt; and the eight hundred and fifty acres of land, formerly belonging to Captain Upton, and the three hundred acres formerly belonging to Mr. Seward, on which Mr. Izard, Old Philip, and William Lewis lived, with all the tenements and whatever thereto belonged, after his wife's decease, to his son Samuel Bridger, for life, remainder to the heirs male of his body lawfully begotten; remainder to his son William Bridger, for life; remainder to the heirs male of his body lawfully	whereof Joseph Bridger is seised, docked.

acres, more or less; and also of one other tract or parcel of land, called Curawaok, containing by estimation, seven thousand eight hundred acres, both the said tracts or parcels of land, being situate in the parish of Newport, in the county of Isle of Wight, aforesaid, and so being seised, made his last will and testament in writing, bearing date the third day of August, one thousand six hundred and eighty three, and a codicil to his said will, dated the eighteenth day of October next following, whereby, amongst other things, he gave one half of his plantation of Curawaok, being seven thousand eight hundred acres, to his son Samuel Bridger, for life, remainder to the heirs of his body lawfully begotten: He likewise gave other lands to his son William Bridger, in tail, and then directed, that if either of his sons, Samuel or William, died before they obtained the age of twenty years, and without heirs lawfully begotten of their bodies, then all the lands given as aforesaid, he gave unto the survivor of them for life, remainder to the heirs of his body lawfully begotten; and that it should not go to their elder brother Joseph, but through default of such heirs, and then to him only for life, remainder to the heirs male of his body lawfully begotten. And whereas the said Joseph Bridger, after making his said last will and testament, by his said codicil reciting, that after making his said will, he found his son Joseph Bridger fly out into divers dissolute courses of life, and that he was grown disobedient to him, and that he might not be guilty, by giving him an estate, as an encouragement to continue in his wicked way of living, he did thereby revoke and disanul all and every part of the legacies given him in the will aforesaid, both of lands and personal estate; and did give the said seventeen hundred acres of land, called White Marsh, by the description of the lands and housing where he then dwelt; and the eight hundred and fifty acres of land, formerly belonging to Captain Upton, and the three hundred acres formerly belonging to Mr. Seward, on which Mr. Izard, Old Philip, and William Lewis lived, with all the tenements and whatever thereto belonged, after his wife's decease, to his son Samuel Bridger, for life, remainder to the heirs male of his body lawfully begotten; remainder to his son William Bridger, for life; remainder to the heirs male of his body lawfully

whereof Joseph Bridger is seised, docked.

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begotten; and for the other half of the land of Curawoak, given to his son Joseph, he did thereby revoke the said gift, and give it to his son William for life, remainder to the heirs male of his body lawfully begotten, remainder to his son Samuel for lif , remainder to the heirs male of his body lawfully begotten: He did also by his said codicil, give his said son Joseph, two thousand pounds of tobacco and cask, yearly, during his life; and declared that that was in full for what he intended he should have thereby, revoking all gifts and grants to him of any lands or person al estate whatsoever. After making which said will and codicil the said Joseph Bridger the testator, departed this life seised of the said lands as aforesaid; after whose death the said Samuel Bridger entered into, and was seised of the said seventeen hundred acres of land, called White Marsh, and also the half of the lands called Curawoak, devised to him as aforesaid, and died so seised, without issue, after whose death William Bridger entered into, and was seised of the said lands as next in remainder, and also of the other half of the said Curawoak lands, as devisd under the will of the said Joseph Bridger, and died so seised, leaving issue at the time of his death, William and James his sons; which said William the son, after the death of his father entered into and was seised of the said lands called White Marsh, and Curawoak, and died so seised, leaving issue Joseph Bridger, hi only son and heir, who entered into and is now seised thereof. And whereas the said Joseph Bridger, the great grand-son of the said Joseph Bridger the donor, is possessed of but a very small number of slaves, which are not sufficient to cultivate and improve either of the said tracts or parcels of land, and without which the same will be unprofitable and chargeable to him and his posterity, and the said Joseph Bridger, the great grand son, is desirous to dock the intail of the said tract of land called Curawaok, which is very mean, and to sell the same in fee-simple, and lay out the money arising by such sale in slaves to be annexed to the said land called White Marsh, which is very good, and capable of being greatly improved, which will be to the advantage of the said Joseph Bridger the great grand son, and those claiming in remainder and reversion, under the will of the said Joseph Bridger the testator. And forasmuch as notice hath been

begotten; and for the other half of the land of Curawoak, given to his son Joseph, he did thereby revoke the said gift, and give it to his son William for life, remainder to the heirs male of his body lawfully begotten, remainder to his son Samuel for lif , remainder to the heirs male of his body lawfully begotten: He did also by his said codicil, give his said son Joseph, two thousand pounds of tobacco and cask, yearly, during his life; and declared that that was in full for what he intended he should have thereby, revoking all gifts and grants to him of any lands or person al estate whatsoever. After making which said will and codicil the said Joseph Bridger the testator, departed this life seised of the said lands as aforesaid; after whose death the said Samuel Bridger entered into, and was seised of the said seventeen hundred acres of land, called White Marsh, and also the half of the lands called Curawoak, devised to him as aforesaid, and died so seised, without issue, after whose death William Bridger entered into, and was seised of the said lands as next in remainder, and also of the other half of the said Curawoak lands, as devisd under the will of the said Joseph Bridger, and died so seised, leaving issue at the time of his death, William and James his sons; which said William the son, after the death of his father entered into and was seised of the said lands called White Marsh, and Curawoak, and died so seised, leaving issue Joseph Bridger, hi only son and heir, who entered into and is now seised thereof. And whereas the said Joseph Bridger, the great grand-son of the said Joseph Bridger the donor, is possessed of but a very small number of slaves, which are not sufficient to cultivate and improve either of the said tracts or parcels of land, and without which the same will be unprofitable and chargeable to him and his posterity, and the said Joseph Bridger, the great grand son, is desirous to dock the intail of the said tract of land called Curawaok, which is very mean, and to sell the same in fee-simple, and lay out the money arising by such sale in slaves to be annexed to the said land called White Marsh, which is very good, and capable of being greatly improved, which will be to the advantage of the said Joseph Bridger the great grand son, and those claiming in remainder and reversion, under the will of the said Joseph Bridger the testator. And forasmuch as notice hath been

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published in the several churches of the said parish of Newport, that application would be made to this General Assembly to dock the intail of the said seven thousand eight hundred acres of land, called Curawaok, and to sell the same in fee-simple, and lay out the money arising by the sale of the said land in slaves, to be annexed to the said land called White Marsh, to the same uses, pursuant to your majesty's instructions; and James Bridger, gentleman, the next in remainder, in case of failure of issue of the said Joseph Bridger, the great grand son, being willing that the same should be done.
II. May it therefore please your most excellent majesty, at the humble suit of the said Joseph Bridger, 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 passing of this act, it shall and may be lawful, to and for the said Joseph Bridger, the great grandson, and in case of his death, his executors and administrators, and he and they are hereby severally impowered to sell to any person or persons who shall be willing to purchase the said seven thousand eight hundred acres of land called Curawaok, and make and execute all deeds and conveyances necessary in law for assuring unto the purchaser or purchasers, a good title in fee-simple in the lands so to be purchased; and such purchaser or purchasers, by virtue of such deeds and conveyances, and of this act, shall for ever thereafter peaceably and quietly hold and enjoy the said lands, so purchased, to them and their heirs for ever, but the consideration many shall be paid, by such purchaser or purchasers, to Robert Burwell, Etheldred Taylor, Joseph Gray, Richard Baker, and Benjamin Cocke, gentlemen, in trust, and shall be by them, or the greater part of them, laid out in purchasing young negroes, or other slaves, of which one third at least shall be female and shall cause the names of all the said slaves to be recorded in the court of the said county of Isle of Wight; and after such slaves shall be purchased, the same, and their increase shall be, and are hereby annexed to the said tract or parcel of land, called White Marsh, and therewith, from time to time, and at all times hereafter, shall pass, descend, and go to the person and persons, to whom the said tract or parcel of land shall descend.

published in the several churches of the said parish of Newport, that application would be made to this General Assembly to dock the intail of the said seven thousand eight hundred acres of land, called Curawaok, and to sell the same in fee-simple, and lay out the money arising by the sale of the said land in slaves, to be annexed to the said land called White Marsh, to the same uses, pursuant to your majesty's instructions; and James Bridger, gentleman, the next in remainder, in case of failure of issue of the said Joseph Bridger, the great grand son, being willing that the same should be done.

II. May it therefore please your most excellent majesty, at the humble suit of the said Joseph Bridger, 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 passing of this act, it shall and may be lawful, to and for the said Joseph Bridger, the great grandson, and in case of his death, his executors and administrators, and he and they are hereby severally impowered to sell to any person or persons who shall be willing to purchase the said seven thousand eight hundred acres of land called Curawaok, and make and execute all deeds and conveyances necessary in law for assuring unto the purchaser or purchasers, a good title in fee-simple in the lands so to be purchased; and such purchaser or purchasers, by virtue of such deeds and conveyances, and of this act, shall for ever thereafter peaceably and quietly hold and enjoy the said lands, so purchased, to them and their heirs for ever, but the consideration many shall be paid, by such purchaser or purchasers, to Robert Burwell, Etheldred Taylor, Joseph Gray, Richard Baker, and Benjamin Cocke, gentlemen, in trust, and shall be by them, or the greater part of them, laid out in purchasing young negroes, or other slaves, of which one third at least shall be female and shall cause the names of all the said slaves to be recorded in the court of the said county of Isle of Wight; and after such slaves shall be purchased, the same, and their increase shall be, and are hereby annexed to the said tract or parcel of land, called White Marsh, and therewith, from time to time, and at all times hereafter, shall pass, descend, and go to the person and persons, to whom the said tract or parcel of land shall descend.

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III. Provided, That the said slaves so annexed to the said land and their increase, shall not be liable to be taken in execution, and sold for the satisfying and paying the debts of the said Joseph Bridger, the great grandson, or any other person, who shall be tenant in tail of the said land, otherwise than the said land, before the passing of this act was liable.
IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, other than the person and persons claiming under the lands herein before mentioned, the said will and codicil, all such right, title, interest, claim, and demand, as they, or any of them, should, or might have had or claimed, if this act had never been made.
V. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained.

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Pages 453-475

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