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CHAP. XIII. An Act for paying the Burgesses wages, for this present session of Assembly.
I. WHEREAS by an act of Assembly, made in the fourth year of the reign of her late majesty queen Anne, intituled, An act for regulating the elections of Burgesses, for settling their privileges, and ascertaining their allowances, it is amongst other things enacted, that the allowance for Burgesses attending the General Assembly, should be as followeth, that is to say, for every Burgess coming by land, one hundred and thirty pounds of tobacco, and cask a day; besides	Preamble.

CHAP. XIII.

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

I. WHEREAS by an act of Assembly, made in the fourth year of the reign of her late majesty queen Anne, intituled, An act for regulating the elections of Burgesses, for settling their privileges, and ascertaining their allowances, it is amongst other things enacted, that the allowance for Burgesses attending the General Assembly, should be as followeth, that is to say, for every Burgess coming by land, one hundred and thirty pounds of tobacco, and cask a day; besides

Preamble.

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the necessary charge of ferriage, and for every Burgess who could not come to the General Assembly, otherwise than by water, one hundred and twenty pounds of tobacco, and cask a day, to be paid them by the county, for which they serve respectively, besides an allowance for divers days of travelling to, and from the General Assembly, as in the said act is particularly mentioned. And whereas by one other act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands to discharge all the debts due from the public, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, leaving and reserving in the hands of the said treasurer, over and above the said payments, a balance of one thousand five hundred pounds at the least; then every Burgess elected and serving for any county or corporation, should be paid out of the public money, the sum of ten shillings for each day he should serve in the house of Burgesses, and for the days of coming to, and returning from the General Assembly, according to the first recited act, in lieu of all other demands for that service, with a further allowance to the Burgesses for the counties of Accomack and Northampton, and others coming to the General Assembly by water, as in the said act is particularly 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 last mentioned act, and the same must be paid by the several counties; but for as much as the allowances according to the first mentioned act, are very unequal by reasan of the various prices of tobacco, in the different parts of this colony: For making the same more equal and just,
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 several county courts, within this colony, except the counties of Augusta, Frederick, and Hampshire, shall at the laying of their next county levy,	How the Burgesses of the several counties shall be paid.

the necessary charge of ferriage, and for every Burgess who could not come to the General Assembly, otherwise than by water, one hundred and twenty pounds of tobacco, and cask a day, to be paid them by the county, for which they serve respectively, besides an allowance for divers days of travelling to, and from the General Assembly, as in the said act is particularly mentioned. And whereas by one other act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands to discharge all the debts due from the public, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, leaving and reserving in the hands of the said treasurer, over and above the said payments, a balance of one thousand five hundred pounds at the least; then every Burgess elected and serving for any county or corporation, should be paid out of the public money, the sum of ten shillings for each day he should serve in the house of Burgesses, and for the days of coming to, and returning from the General Assembly, according to the first recited act, in lieu of all other demands for that service, with a further allowance to the Burgesses for the counties of Accomack and Northampton, and others coming to the General Assembly by water, as in the said act is particularly 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 last mentioned act, and the same must be paid by the several counties; but for as much as the allowances according to the first mentioned act, are very unequal by reasan of the various prices of tobacco, in the different parts of this colony: For making the same more equal and just,

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 several county courts, within this colony, except the counties of Augusta, Frederick, and Hampshire, shall at the laying of their next county levy,

How the Burgesses of the several counties shall be paid.

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raise and levy so much tobacco, as will be sufficient to pay the wages of their respective Burgesses, for this present session of Assembly, according to the directions and regulations in the said last recited act mentioned, and shall cause the tobacco so levied, to be sold, and such wages paid out of the money arising by such sale, on or before the first day of July next ensuing; and that the several county courts of Augusta, Frederick, and Hampshire, shall also at the times aforesaid, levy and pay in money the wages of their respective Burgesses for this present session of Assembly. And whereas no allowance is settled for the Burgess of several counties, which have lately taken place, for their travelling to, and from the General Assembly,
III. Be it further enacted, by the authority aforesaid, That to the Burgesses for the counties of Augusta, Hampshire, and Halifax, there shall be allowed six days; to the Burgesses for the counties of Albemarle, Bedford, Frederick, and Lunenburg, five days; to the Burgesses for the counties of Amelia, Culpeper, Cumberland, Fairfax, Louisa, Prince Edward, and Orange, four days; to the Burgesses for the counties of Chesterfield, Southampton, and Sussex, two days, for coming to, and as many days for returning from every session of Assembly.	The days allowed the several Burgesses for coming to, and returning from every session.
CHAP. XIV. An Act for laying a public Levy.
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 six pounds and an half of tobacco be paid by every tithable person within this dominion, for the defraying and payment of the public charge of the country; being the public levy, from the first day of November, one thousand seven hundred and fifty three, to the first day of May, one thousand seven hundred and fifty	The public levy.

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five, and that it be paid by the collectors of the several counties, to the several persons and counties, respectively, to whom it is proportioned by this General Assembly: And if it shall happen that there shall be more tithables in any county, than the present levy is laid on, then such county shall have credit for so much to the use of the county, and if fewer tithables in any county, then such county shall bear the loss.

II. Provided always, That where any allowance is made in the book of proportions to any county, to be paid in the same county, no more per poll shall be collected from the tithables of such county, than will discharge the balance, after such allowance shall be deducted, and that every county court shall regulate the levy accordingly.

How to be regulated by the county court.

III. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the time of giving bond for the due collection and payment of the next county levy, also give bond and security, for the due collection and payment of the public levy, now laid and assessed.

Sheriff to give bond.

CHAP. XV.

An	Act for reviving an act, intituled, An act for allowing fairs to be kept in the town of Alexandria.

I. WHEREAS the act of Assembly made in the twenty fifth year of his present majesty's reign, intituled, an act allowing fairs to be kept in the town of Alexandria, expired at the end of the session of Assembly held in the month of August last, and it being necessary and convenient at this time, to revive and continue the same:

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 for the future, two fairs shall, and may be annually kept and held in the said town of Alexandria, on the last Thursday in May, and the last Thursday

Two fairs to be kept annually at certain days.

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in October, each to continue for the space of two days, for the sale and vending of all manner of cattle, victuals, provisions, goods, wares, and merchandizes whatsoever; on which fair days, and on two days next before, and two days next after each of the said fairs, all persons coming to, and being at, or going from the same, together with their cattle, goods, wares, and merchandizes, shall be exempt and privileged, from all arrests, attachments, and executions whatsoever, except for capital offences, breaches of the peace, or for any controversies, suits, and quarrels that may arise and happen during the said time, in which cases, process may be immediately issued, and proceedings thereupon, had in the same manner, as if this act had never been made. And that this act shall commence immediately after the end of this session of Assembly, and continue and be in force for ten years, and from thence to the end of the next session of Assembly, and no longer.

III. Provided always, That nothing herein contained shall be construed, deemed, or taken to derogate from, alter, or infringe the royal power and prerogative of his majesty, his heirs or successors, of granting to any person or persons, body corporate or politic, the privilege of holding fairs or markets in such manner, as he or they, by his or their royal letters patents, or by his or their instructions to the governor or commander in chief of this dominion, for the time being, shall think fit.

Not to infringe the prerogative.

CHAP. XVI.

An	Act to oblige persons who bring tobacco and other goods to Westham, to pay storage for the same.

I. WHEREAS by an act of Assembly made in the nineteenth year of his majesty's reign, intituled, An act for giving a certain sum of money to the trustees, for clearing the river of Fluvanna, and for appointing a store house at Westham, and for other purposes therein

Storage payable at Westham.

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mentioned; it was, and is, amongst other things enacted, that a public store house should be appointed at Westham, on the land of William Byrd, and that it should be constantly kept and maintained by the proprietors thereof, for the receiving tobacco, and all other goods; and certain prices were, by the said act, settled to be paid for the storage of tobacco, and other goods brought to the said storehouse. And whereas in pursuance of the said act, the said William Byrd, hath been at a considerable expence in erecting and building store houses at Westham, for the reception of tobacco, and other goods; and the said William Byrd hath represented to this present General Assembly, that many persons, bring their tobacco to his land, where the store houses are erected, at Westham aforesaid, and leave the same on his said land, til they think proper to take the same away, but refuse to make use of the said store houses, in order to avoid the payment of storage.
II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing this act, it shall, and may be lawful to, and for the said William Byrd, and the proprietor of the said store houses for the time being, to demand and receive of, and from all and every person and persons whatsoever who shall bring tobacco, or other goods to Westham aforesaid, and suffer the same to remain there twenty four hours, the same rates and prices , for the storage of all such tobacco and other goods, as is settled and appointed to be paid by the fore recited act of Assembly, notwithstanding such person or persons shall neglect or refuse to make use of the said store houses; any law, usage, or custom, to the contrary, in any wise, notwithstanding.

mentioned; it was, and is, amongst other things enacted, that a public store house should be appointed at Westham, on the land of William Byrd, and that it should be constantly kept and maintained by the proprietors thereof, for the receiving tobacco, and all other goods; and certain prices were, by the said act, settled to be paid for the storage of tobacco, and other goods brought to the said storehouse. And whereas in pursuance of the said act, the said William Byrd, hath been at a considerable expence in erecting and building store houses at Westham, for the reception of tobacco, and other goods; and the said William Byrd hath represented to this present General Assembly, that many persons, bring their tobacco to his land, where the store houses are erected, at Westham aforesaid, and leave the same on his said land, til they think proper to take the same away, but refuse to make use of the said store houses, in order to avoid the payment of storage.

II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing this act, it shall, and may be lawful to, and for the said William Byrd, and the proprietor of the said store houses for the time being, to demand and receive of, and from all and every person and persons whatsoever who shall bring tobacco, or other goods to Westham aforesaid, and suffer the same to remain there twenty four hours, the same rates and prices , for the storage of all such tobacco and other goods, as is settled and appointed to be paid by the fore recited act of Assembly, notwithstanding such person or persons shall neglect or refuse to make use of the said store houses; any law, usage, or custom, to the contrary, in any wise, notwithstanding.

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CHAP. XVII.

An	Act for enabling the inhabitants of the counties of Princess Anne and Norfolk, to pay their public dues in money.

I. WHEREAS the low situation the counties of Princess Anne and Norfolk, renders many of the inhabitants thereof incapable of making tobacco, by means thereof incapable of making tobacco, by means whereof they are subject to greater impositions in discharging their tobacco debts; for remedy whereof,

Public dues of Princess Anne and Norfolk, payable in money.

II. Be it enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the justices of the said counties of Princess Anne and Norfolk, shall annually in their county courts, in the months of September or October, settle and fix a price on tobacco, which shall not be under ten shillings per hundred, and that it shall, and may be lawful to, and for all and every person and persons chargeable with any tobacco for public dues, or officers fees, payable in the said counties of Princess Anne and Norfolk, to pay and discharge the same, in money, at such fixed price; any law, usage, or custom, to the contrary thereof, in any wise notwithstanding.

CHAP. XVIII.

An	Act for dissolving the vestry of the parish of St. Andrew, in the county of Brunswick, and electing a new vestry in the said parish.

I. WHEREAS it hath been represented to this present General Assembly, that the late election of vestrymen, in the parish of St. Andrew, in the county of Brunswick, was illegal, and the inhabitants of

Vestry of parish of St. Andrew in Brunswick dissolved.

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the said parish have petitioned, that the said vestry may be dissolved, and another elected.
II. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the vestry, or pretended vestry of the said parish of St. Andrew, shall be, and the same is hereby dissolved, and that all, and every act and acts, thing and things, which at any time or times hereafter, shall and may be performed, suffered or done, by them as a vestry, or pretended vestry of the said parish, shall be, and are hereby declared to be utterly void, to all intents and purposes whatsoever. Provided that all and every levy and levies, heretofore laid, and every other act and thing, by the said vestry or pretended vestry done or suffered, shall be good, valid, and effectual, in as full and ample manner, as if the election to the said vestry had been legal and regular.
And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of St. Andrew, shall meet at some covenient time and place to be appointed, and publicly advertised, at least twenty days, by the sheriff of the said county of Brunswick, before the first day of September next; and then and there elect twelve of the most able and discreet persons of the said parish, to be vestrymen thereof, which said 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 late majesty king George the first, intituled, An act for the further security of his majesty's crown in the heirs of the late Princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed, and taken to be the vestrymen of the said parish.

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CHAP. XIX.

An	Act for dividing the parish of Nottoway into two distinct parishes, and for other purposes therein mentioned.

I. WHEREAS by one act of Assembly made in the twenty seventh year of his majesty's reign, the county of Amelia was divided into two distinct counties; and all that part thereof which lay above a line to be run from Ward's Ford, on Appomattox river, to the mouth of Snail's creek on Nottoway river, was erected into a new county, and called by the name of Prince Edward, but the same was not then separated from the parish of Nottoway. And whereas the inhabitants of the said county of Prince Edward have petitioned to the present General Assembly, that the said county may be erected into a distinct parish, and that the parish of Nottoway may be obliged to refund to the said county of Prince Edward, when erected into a parish, a proportionable part of the tobacco levied for building two new churches, and the money expended on the glebe land, the said churches and glebe being all in the lower part of the said parish of Nottoway;

Parish of Nottoway, in Amelia county divided, and parish of St. Patrick formed.

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 September next, the said county of Prince Edward shall be a distinct parish, and called and known by the name of St. Patrick.

III. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of St. Patrick, shall meet at some convenient time and place, to be appointed and publicly advertised by the sheriff of the said county of Prince Edward, at least twenty days before the said first day of September next following, and then and there elect twelve of the most able and discreet persons of their parish, to be vestrymen thereof: which vestrymen, so elected, having in the court of the said county of Prince Edward, 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

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the first, intituled, An act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors; and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England; shall, to all intents and purposes, be deemed and taken to be the vestry of the said parish. And upon the death, removal, or resignation of any of the 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; and that the remaining vestrymen of the said parish of Nottoway, choose and elect so many vestrymen in their parish, as will make up the number of vestrymen twelve.
V. And be it further enacted by the authority aforesaid, That the vestry of the said parish of Nottoway, shall refund and pay to the vestry of the said parish of St. Patrick, one hundred and ninety seven pounds, fourteen shillings and six pence, to be levied for them in their next parish levy; and sixteen thousand, nine hundred and forty seven pounds of tobacco, in their parish levy, which shall be in the year of our Lord, one thousand seven hundred and fifty six, being their proportion for building the said two churches, and purchasing the glebe land, and building houses thereon, to be applied towards lessening the levy of the said parish of St. Patrick.
V. Provided always, That nothing herein contained shall be construed to hinder the collector of the said parish of Nottoway, as the same now stands undivided and entire, from collecting and making distress for any parish levies which shall remain unpaid by the inhabitants of the said parish of Saint Patrick, 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, usage, or custom to the contrary, in any wise, notwithstanding.
VI. And whereas by one act of Assembly made in the twenty fifth year of his majesty's reign, the county

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of Lunenburg, and parish of Cumberland, were divided into two counties and parishes, and all that part lying on the south side of Black Water creek, and Staunton river, from the said Black Water creek, and Staunton river, from the said Black Water creek, to the confluence of the said river with the river Dan, and from thence to Aaron's creek to the county line, was erected into a distinct county and parish, by the name of Halifax, and parish of Antrim.
VII. And whereas by one other act of Assembly made in the twenty seventh year of his majesty's reign, the said county of Lunenburg, and parish of Cumberland, were again divided into two counties and parishes, and all that part thereof that lay above Falling river, up the said river, to the 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 that county from the county of Albemarle, was erected into one other distinct county and parish, and called by the name of Bedford and parish of Russel; and before the division thereof, according to the two recited acts, the inhabitants of the parish of Cumberland, as the same stood undivided, had been at great expence in purchasing a glebe, and building churches, all which are in that part of the said parish which retains the name of Cumberland.
VIII. And whereas before the divisions of the said county of Lunenburg, as aforesaid, large quantities of tobacco were levied in the books of the public proportion, for the use of the said county, as the same stood entire and undivided, that is to say, in the year one thousand seven hundred and forty eight, thirty nine thousand, one hundred and twenty eight pounds; in the year one thousand seven hundred and fifty two, forty three thousand, one hundred and fifty six pounds; and in the year one thousand seven hundred and fifty three, eight thousand one hundred pounds; amounting in the whole to ninety thousand, three hundred and eighty four pounds of nett tobacco, which ought to have been applied towards lessening the levy by the poll, in the said county, in the years in which the same were levied, respectively; But forasmuch as the same hath not been done, and it is reasonable that the said counties of Halifax and Bedford, should receive their proportionable part of the said tobacco, according to

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the number of tithables in each of the said counties, at the time the said several quantities of tobacco were levied.

IX. Be it therefore enacted, by the authority aforesaid, That Richard Bland, John Ruffin, John Jones, James Murray, and Richard Witton, or any three or more of them, be, and they are hereby appointed commissioners, to examine, state, and settle the accounts of all the tobacco which was levied in the book of the public proportion in the years aforesaid, for the use of the said county of Lunenburg, before the divisions thereof, and also the accounts of all the tobacco which was levied by the vestry of the said parish of Cumberland, before the divisions thereof, as aforesaid, for purchasing the said glebe, and building the said churches, and to apportion the same, according to the number of tithables in the said counties and parishes, respectively, at the time the said several quantities of tobacco were levied, the glebe purchased, and the churches built.

X. And be it further enacted, by the authority aforesaid, That the court of the said county of Lunenburg, and the vestry of the said parish of Cumberland, shall refund and pty to the courts of the said counties of Halifax and Bedford, and to the vestries of the said parishes of Antrim and Russel, respectively, their proportionable part of the said tobacco, as the same shall be settled by the said commissioners, to be applied towards lessening the levies of the said counties and parishes respectively.

CHAP. XX.

An	Act for the relief of those persons who were suffers in the loss of the records of the county of Nansemond, whose cases have not already been provided for.

Edit. 1769, p. 328.

I. WHEREAS it was enacted, by one clause of the act made in the fifteenth year of his majesty's reign,

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for the relief of certain persons who were sufferers in the loss of the records of the county of the county of Nansemond; that to the end other persons who had not been able to produce witnesses before the commissioners, appointed by a commission issued under the great seal of the colony, pursuant to the act of Assembly, made in the eighth year of his majesty's reign, intituled, An act for the relief of such persons as have suffered, or may suffer by the loss of the records of Nansemond county, lately consumed by fire, in relation to their deeds, and other evidences, which may have been lost among the records of the said county, one or other, or more commissions, should, and might be issued and continued by the governor and commander in chief of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings recorded in the said county court, where the original has been lost pursuant to the last mentioned act of Assembly, to be executed and returned, as in the said act is directed. And whereas pursuant thereto, a commission hath issued under the great seal of the colony, to John Milner, and nineteen others directed, who made a return of the said commission and their proceedings in the premisses, whereby it doth appear, that they have examined divers witnesses, and taken their depositions to a copy of John Grime's will, which original will was burnt amongst the records of the said county, by which depositions it does appear, that the same is a true copy. And whereas pursuant to the directions of the said act of Assembly, another commission hat issued under the great seal of this colony, to William Baker, and twelve others directed, who made a return of the said commission and their proceedings in the premisses, whereby it doth appear, that they have examined divers witnesses, and taken their depositions to a deed made by Christopher Gewin, the younger, to Alexander Avera, by which depositions it doth appear, that the said Christopher Gewin, for a valuable consideration, sold to the said Alexander Avera, two hundred and sixty seven acres of land, lying and being situate in the upper parish of Nansemond county, which said land, the said Christopher purchased of one John Spivy, by deed bearing date the second day of August in the year of our Lord, one thousand seven hundred and	Further provision for sufferers, by the loss of records in Nansemond.

for the relief of certain persons who were sufferers in the loss of the records of the county of the county of Nansemond; that to the end other persons who had not been able to produce witnesses before the commissioners, appointed by a commission issued under the great seal of the colony, pursuant to the act of Assembly, made in the eighth year of his majesty's reign, intituled, An act for the relief of such persons as have suffered, or may suffer by the loss of the records of Nansemond county, lately consumed by fire, in relation to their deeds, and other evidences, which may have been lost among the records of the said county, one or other, or more commissions, should, and might be issued and continued by the governor and commander in chief of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings recorded in the said county court, where the original has been lost pursuant to the last mentioned act of Assembly, to be executed and returned, as in the said act is directed. And whereas pursuant thereto, a commission hath issued under the great seal of the colony, to John Milner, and nineteen others directed, who made a return of the said commission and their proceedings in the premisses, whereby it doth appear, that they have examined divers witnesses, and taken their depositions to a copy of John Grime's will, which original will was burnt amongst the records of the said county, by which depositions it does appear, that the same is a true copy. And whereas pursuant to the directions of the said act of Assembly, another commission hat issued under the great seal of this colony, to William Baker, and twelve others directed, who made a return of the said commission and their proceedings in the premisses, whereby it doth appear, that they have examined divers witnesses, and taken their depositions to a deed made by Christopher Gewin, the younger, to Alexander Avera, by which depositions it doth appear, that the said Christopher Gewin, for a valuable consideration, sold to the said Alexander Avera, two hundred and sixty seven acres of land, lying and being situate in the upper parish of Nansemond county, which said land, the said Christopher purchased of one John Spivy, by deed bearing date the second day of August in the year of our Lord, one thousand seven hundred and

Further provision for sufferers, by the loss of records in Nansemond.

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eleven; that the said deed from Gewen to Avera, was recorded in Nansemond county court, some time in the year one thousand seven hundred and thirty one, and is burnt amongst the records of the said court, and that the said Alexander Avera, now is, and hath been in the peaceable and quiet possession of the said land, from the time of making the said deed; therefor for making the same effectual:
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 henceforth the proof of the said deed before mentioned, shall, and may be given in evidence in any court of law or equity, and shall avail to the benefit and advantage of the said Alexander Avera, his heirs and assigns, and all persons claiming by, from or under him or them, or any of them, as much as the same can, or ought to avail, and it shall and may be lawful for the clerk of the county court of Nansemond, to record the said copy of the will of the said John Grimes, which hath been proved to be a true copy, though not attested by any sworn clerk. And to the end that other persons who have not yet been able to produce witnesses before the said commissioners, in relation to their deeds and other evidences, which may have been lost amongst the records of the said county:
III. Be it further enacted, by the authority aforesaid, That one other or more commissions, shall, and may be issued and continued by the governor or commander in chief of this colony, for the time being, for examining other witnesses and perpetuating the testimony thereof, in the relation to deeds, wills, inventories, and other writings, recorded in the said county court, where the original has been lost pursuant to the said act of Assembly, to be executed and returned, as in the said act is directed.

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CHAP. XXI.

An	Act to impower the Secretary of this colony, to sell certain lands therein mentioned.

I. WHEREAS the office of secretary of this colony, is an office of great trust, and for the better supporting the dignity thereof, one certain parcel of land, situate, lying and being in the parish of Hungars, in the county of Northampton, containing by estimation, five hundred acres, by an order of the quarter court, made in pursuance of an instruction from the company of adventurers, for the first colony of Virginia, dated the twenty fourth day of July, one thousand six hundred and twenty one, was annexed to the said office; and one other parcel of land, situate, lying and being in the parish of James City, in the county of James City; containing by estimation, six hundred acres, by patent bearing date the fourteenth day of November, in the year one thousand six hundred and thirty seven, was granted to Richard Kemp, esquire, secretary of state, and his successors for ever yielding and paying therefore yearly a quit rent of four pence. And whereas by one act of Assembly made in the twelfth year of the reign of his late majesty king George the first, intituled, An act to make the secretary of the in [of] Virginia, for the time being, a person capable in law to take and hold certain lands therein mentioned, and to make leases thereof: It is amongst other things enacted, that John Carter, esquire, then secretary, for, and during the time that he should enjoy the said office, and the secretary of this colony for the time being, should for ever hereafter be personable and capable in law, to take and hold the said two parcels of lands, as his, or their freehold, and it should or might be lawful, for him or them, from time to time, by any writing or writings, under his or their hands, to demise or lease the said lands, or any part or parcel thereof, for any term or number of years, not exceeding twenty one, or for one, two or three lives, so as such lease be not made in reversion; and upon every such demise or lease, there be reserved payable half yearly, during such term, as

Secretary authorised to sell certain public lands.

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much rent as could at the making such lease, be really gotten for the same, and that such rent be made payable to, or for the only use and benefit of the person making such lease, during the time he should hold the said office, and the secretary of the said colony, for the time being, and so as no fine or consideration be taken for the same, and so as such person or persons, to whom such lease or leases, should be made, or his or their assigns, be not dispunishable of waste. And whereas the secretaries of this colony have been obliged to lease out the said lands, at small and inconsiderable rents, the tenants being unwilling to build thereon, and it will be more for the advantage and benefit of the secretary, for the time being, and his successors, if the said lands were sold; the money arising from such sale, secured for their use, and the yearly interest thereof paid them. And the Burgesses of this General Assembly considering the great and necessary expences they are at in defending his majesty's just rights, and the inhabitants of this colony from the encroachments and invasions of the French; and that the public treasury is now in very low circumstances, are willing that the said money should be received and secured in the treasury, and that an annual interest should be paid for the same, so long as the money shall be continued there; and Thomas Nelson, esquire, deputy secretary of this colony, is desirous that the said lands may be sold for the purposes aforesaid: May it therefore please your most excellent majesty, at the humble suit of the said Thomas Nelson, that it may be enacted.
II. 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 Thomas Nelson be, and he is hereby authorised and impowered to sell the said parcel of land, lying and being in the parish of Hungars, in the county of Northampton, and the said other parcel of land, lying and being in the parish of James City, in the county of James City, herein before mentioned, with the appurtenances, for the best price that can be got for the same, after publicly advertising the time and place of such sale, three times in the Virginia Gazette, at least three months before the said sale, and to seal and deliver a deed or deeds of bargain, and sale indented for conveying the fee simple

much rent as could at the making such lease, be really gotten for the same, and that such rent be made payable to, or for the only use and benefit of the person making such lease, during the time he should hold the said office, and the secretary of the said colony, for the time being, and so as no fine or consideration be taken for the same, and so as such person or persons, to whom such lease or leases, should be made, or his or their assigns, be not dispunishable of waste. And whereas the secretaries of this colony have been obliged to lease out the said lands, at small and inconsiderable rents, the tenants being unwilling to build thereon, and it will be more for the advantage and benefit of the secretary, for the time being, and his successors, if the said lands were sold; the money arising from such sale, secured for their use, and the yearly interest thereof paid them. And the Burgesses of this General Assembly considering the great and necessary expences they are at in defending his majesty's just rights, and the inhabitants of this colony from the encroachments and invasions of the French; and that the public treasury is now in very low circumstances, are willing that the said money should be received and secured in the treasury, and that an annual interest should be paid for the same, so long as the money shall be continued there; and Thomas Nelson, esquire, deputy secretary of this colony, is desirous that the said lands may be sold for the purposes aforesaid: May it therefore please your most excellent majesty, at the humble suit of the said Thomas Nelson, that it may be enacted.

II. 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 Thomas Nelson be, and he is hereby authorised and impowered to sell the said parcel of land, lying and being in the parish of Hungars, in the county of Northampton, and the said other parcel of land, lying and being in the parish of James City, in the county of James City, herein before mentioned, with the appurtenances, for the best price that can be got for the same, after publicly advertising the time and place of such sale, three times in the Virginia Gazette, at least three months before the said sale, and to seal and deliver a deed or deeds of bargain, and sale indented for conveying the fee simple

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estate and inheritance of the said lands and appurtenances, to the purchaser or purchasers thereof; which deed or deeds, shall be acknowledged or proved, and recorded according to law, and such purchaser or purchasers, his, her or their heirs and assigns, shall for ever hereafter by virtue of the said deed or deeds and this act, hold and enjoy the said lands, with the appurtenances, freed and discharged from all claims of the secretary of this colony, for the time being, and his successors, any law, custom, or usage to the contrary thereof, in any wise notwithstanding. 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 secretary of this colony, for the time being, and his successors, all such right title, interest, claim, and demand, as they, or any of them, had or should, or might have had, if this act had never been made, Provided always, That the said Thomas Nelson, by himself, or any person in trust for him, shall not directly or indirectly, purchase the said lands or any part thereof: And if any purchase shall be made contrary to the intent and meaning of this act, the same shall be void, and of none effect: Provided also,
II. And it is hereby further enacted, That the purchaser or purchasers of the said lands, his or their heirs and assigns, shall hold the same of his majesty, his heirs and successors, under the yearly quit-rent, of one shilling sterling, for every fifty acres thereof, and so proportionably for a greater or lesser quantity, any law, usage, grant or custom to the contrary notwithstanding.
IV. And be it further enacted, by the authority aforesaid, That the said Thomas Nelson, shall pay the money arising by the sale of the said lands, after deducting the charges of this act to the treasurer of this colony, for the time being, to be by him applied towards discharging the public debts of this colony, and accounted for to the General Assembly, and the said treasurer shall give to the said Thomas Nelson, a receipt for the money aforesaid, and shall annually pay to the secretary of this colony, for the time being, and his successors, or his or their lawful deputy or deputies, interest for the said money, after the rate of five per centum, per annum, until the General Assembly

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shall direct the same to be laid out in some other manner, for the use of the secretary, and his successors. And for securing the payment of the said money and interest.

V. Be it further enacted, by the authority aforesaid, That the revenues or duties arising by the importation of liquors and slaves, shall stand and remain as a security for the payment of the yearly interest of the said money, until the said money shall be otherwise disposed of, and withdrawn from the treasury; and also for the repayment of the said money, when the General Assembly shall direct the same to be laid out in some other manner, for the use of the said secretary, and his successors.

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

CHAP. XXII.

An	Act to confirm and establish an agreement made between William Withers and Augustine Washington, and for other purposes therein mentioned.

I. WHEREAS John Withers formerly of the county of Stafford, in this colony, deceased, was in his life time, seised in his demesne, as of fee, amongst other lands, of a certain tract or parcel of land, lying and being in the parish of St. Paul, in the county of Stafford, containing five hundred and thirty three acres, more or less, called and known by the name of Chotank; and being so seised, by his last will and testament, bearing date the twenty ninth day of August, one thousand six hundred and ninety eight, devised the same to his daughter Sarah Withers, for her life, and after her decease, to his cousin William Withers, and the heirs male of his body, and for default of such issue, to Mr. Thomas Withers, of Lancaster, in Great Britain, and his heir male, and for

Agreement between William Withers and Augustine Washington, for lands in Stafford established.

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want of such heirs, to any one proving themselves to be of the name of Withers, as by the said will may more fully appear, and died so seised; and the said William Withers, died in this colony, soon after the said testator John Withers, without issue male, having never been married; And the said Thomas Withers, in the will aforesaid named, afterwards departed this life in England, leaving issue Edmund Withers, his eldest son and heir male, who also died in England, leaving his brother William Withers, another son of the said Thomas Withers his heir male; and the said William Withers last named, also died in England, leasing [leaving] issue Thomas Withers, his eldest son and heir male of his body. And whereas the said Sarah Withers, the daughter and devisee of the said John Withers, in the will aforesaid named, after the death of her said father, entered into the said tract or parcel of land, called Chotank, and afterwards intermarried with one Christopher Conoway, and after the death of her said husband, by her certain indentures of lease and release, bearing date respectively, the twelfth and thirteenth days of June, one thousand seven hundred and twenty seven, for the considerations therein mentioned, did sell and convey the said tract or parcel of land, called Chotank, to Augustine Washington, late of the county of King George, now deceased, and to his heirs and assigns for ever; and the said Augustine Washington, entered into the said tract or parcel of land, called Chotank, and by his last will and testament in writing, bearing date the eleventh day of April, one thousand seven hundred and forty three, devised the same to his son Samuel Washington, that then he should have an equivalent out of the estate by the said will devised to his son Augustine Washington, as by the said will may more fully appear. And whereas several disputes and controversies have arisen between the said William Withers and Samuel Washington, concerning their respective rights to the said five hundred and thirty three acres of land, called Chotank, after the death of the said Conoway, who is still living, the said William Withers claiming the same as

want of such heirs, to any one proving themselves to be of the name of Withers, as by the said will may more fully appear, and died so seised; and the said William Withers, died in this colony, soon after the said testator John Withers, without issue male, having never been married; And the said Thomas Withers, in the will aforesaid named, afterwards departed this life in England, leaving issue Edmund Withers, his eldest son and heir male, who also died in England, leaving his brother William Withers, another son of the said Thomas Withers his heir male; and the said William Withers last named, also died in England, leasing [leaving] issue Thomas Withers, his eldest son and heir male of his body. And whereas the said Sarah Withers, the daughter and devisee of the said John Withers, in the will aforesaid named, after the death of her said father, entered into the said tract or parcel of land, called Chotank, and afterwards intermarried with one Christopher Conoway, and after the death of her said husband, by her certain indentures of lease and release, bearing date respectively, the twelfth and thirteenth days of June, one thousand seven hundred and twenty seven, for the considerations therein mentioned, did sell and convey the said tract or parcel of land, called Chotank, to Augustine Washington, late of the county of King George, now deceased, and to his heirs and assigns for ever; and the said Augustine Washington, entered into the said tract or parcel of land, called Chotank, and by his last will and testament in writing, bearing date the eleventh day of April, one thousand seven hundred and forty three, devised the same to his son Samuel Washington, that then he should have an equivalent out of the estate by the said will devised to his son Augustine Washington, as by the said will may more fully appear. And whereas several disputes and controversies have arisen between the said William Withers and Samuel Washington, concerning their respective rights to the said five hundred and thirty three acres of land, called Chotank, after the death of the said Conoway, who is still living, the said William Withers claiming the same as

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heir male under the aforesaid will of the said John Withers, and the said Samuel Weshington [Washington] insisting that he hath the right to the said land, under the aforementioned deeds of the said Sarah Conoway, and the said in part recited will of the said Augustine Washington, and the said disputes and controversies, concerning the title to the said lands, will be very tedious and expensive, as the witnesses, to prove the pedigree of the said William Withers, are ancient and infirm, and most of them live in Great Britain; whereupon it hath been agreed between the said William Withers, and the said Augustine Washington, who is desirous to secure a title to the said Samuel Washington, as by the will of his said father Augustine Washington, he ought to do, for the final ending, settling and determining the said disputes and controversies, that the said William Withers, for, and in consideration of the sum of six hundred pounds current money of this colony, to be paid to him by the said Augustine Washington, with interest thereon, from the twentieth day of May, one thousand seven hundred and fifty four, would convey to the said Samuel Washington, and to his heirs, all his estate, right, title, and interest of, in and to the said five hundred and thirty three acres of land, called Chotank, after the death of the said Sarah Conoway. And whereas the said William Withers and Augustine Washington, have applied to this General Assembly, for an act to confirm and establish the said agreement, having made publication of their design, three Sundays successively, in the churches of the said parish of St. Paul, where the said five hundred and thirty three acres do lie; and forasmuch as the same is very just and reasonable: May it pleas your most excellent majesty, for preventing all further disputes and controversies, between the said William Withers and Samuel Washington, and their heirs, touching the right of the said five hundred and thirty three acres of land, called Chotank, with the appurtenances, at the humble suit of the said William Withers and Augustine Washington, that it may be enacted:
II. 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 agreement above mentioned, between the said parties, be, and is hereby confirmed and established,

heir male under the aforesaid will of the said John Withers, and the said Samuel Weshington [Washington] insisting that he hath the right to the said land, under the aforementioned deeds of the said Sarah Conoway, and the said in part recited will of the said Augustine Washington, and the said disputes and controversies, concerning the title to the said lands, will be very tedious and expensive, as the witnesses, to prove the pedigree of the said William Withers, are ancient and infirm, and most of them live in Great Britain; whereupon it hath been agreed between the said William Withers, and the said Augustine Washington, who is desirous to secure a title to the said Samuel Washington, as by the will of his said father Augustine Washington, he ought to do, for the final ending, settling and determining the said disputes and controversies, that the said William Withers, for, and in consideration of the sum of six hundred pounds current money of this colony, to be paid to him by the said Augustine Washington, with interest thereon, from the twentieth day of May, one thousand seven hundred and fifty four, would convey to the said Samuel Washington, and to his heirs, all his estate, right, title, and interest of, in and to the said five hundred and thirty three acres of land, called Chotank, after the death of the said Sarah Conoway. And whereas the said William Withers and Augustine Washington, have applied to this General Assembly, for an act to confirm and establish the said agreement, having made publication of their design, three Sundays successively, in the churches of the said parish of St. Paul, where the said five hundred and thirty three acres do lie; and forasmuch as the same is very just and reasonable: May it pleas your most excellent majesty, for preventing all further disputes and controversies, between the said William Withers and Samuel Washington, and their heirs, touching the right of the said five hundred and thirty three acres of land, called Chotank, with the appurtenances, at the humble suit of the said William Withers and Augustine Washington, that it may be enacted:

II. 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 agreement above mentioned, between the said parties, be, and is hereby confirmed and established,

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and shall ever hereafter be valid and binding between them, and their heirs, and all others claiming under the aforesaid will of the said John Withers.
III. And be it further enacted, by the authority aforesaid, That the said Augustine Washington, shall, within eighteen months, after the passing this act, pay and satisfy to the said William Withers, the sum of six hundred pounds, with interest thereon, from the twentieth day of May, one thousand seven hundred and fifty four, and the said William Withers, shall immediately thereupon seal and deliver to the said Samuel Washington, one or more good and sufficient conveyance or conveyances in the law for conveying the absolute and fee-simple estate and inheritance of the said five hundred and thirty three acres of land, to the said Samuel Washington, his heirs and assigns for ever; and thereupon the said five hundred and thirty three acres of land, shall be held, possessed, and enjoyed, by the said Samuel Washington, under the restrictions, and according to the intent of the said Augustine Washington in his will aforesaid specified.
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, all such right, title, estate, interest, claim, and demand, in and to the said five hundred and thirty three acres of land, called Chotank, other than the persons claiming under the will aforesaid, of the said John Withers, 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 suspended until his majesty's approbation thereof shall be obtained.

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CHAP. XXIII.

An	Act for dissolving the present vestry of the parish of Cople, and electing a new vestry for the said parish.

I. WHEREAS it is represented to this Assembly, that several persons for many years past, have acted, and still continue to act, as vestrymen of the parish of Cople, in the county of Westmoreland, who are not duly elected for that office; for remedy whereof,

Vestry of parish of Cople in Westmoreland county dissolved.

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 vestry or pretended vestry of the said parish of Cople, is hereby dissolved, and that all and every act and acts, thing and things, which at any time or times hereafter, shall or may be performed, suffered or done by them as a vestry or pretended vestry of the said parish, shall be, and are hereby declared to be utterly void to all intents and purposes whatsoever.

III. Provided always, That all and every levy and levies heretofore laid, and all and every other act and acts, thing and things, by the said vestry or pretended vestry done or suffered, shall be good, valid, and effectual, in as full and ample a manner, as the same would have been, if the said vestry had been duly elected.

IV. And be it further enacted by the authority aforesaid, That the freeholders and housekeepers of the said parish of Cople, shall meet at some convenient time and place, to be appointed and publicly advertised at least twenty days before, by the sheriff of the said county of Westmoreland, before the twentieth day of July next, and then and there, elect twelve of the most able and discreet persons of their parish; which said vestrymen so elected, having taken the oaths appointed by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall to all intents and purposes, be deemed and taken to be the vestrymen of the said parish.

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CHAP. XXIV. An Act for dissolving the vestry of the upper parish in the county of Nansemond.
I. WHEREAS it hath been represented to this Assembly, by several of the vestrymen and others of the upper parish, in the county of Nansemond, that many of the vestrymen of the said parish are old and infirm, and thereby rendered unable to perform their duty, and that others of the said vestry have refused to act as vestrymen, and have prayed to be dissolved:	Vestry of upper parish in Nansemond county dissolved.
II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the vestry of the said upper parish be, and it is hereby dissolved, and that all and every act and acts, thing and things, which at any time or times hereafter shall or may be performed, suffered, or done by them, as a vestry of the said parish, shall be void and of none effect.
III. And be it further enacted by the authority aforesaid, That the freeholders and housekeepers of the said upper parish, shall meet at some convenient time and place, to be appointed and publicly advertised, at least one month before, by the sheriff of the said county of Nansemond, before the first day of August next, and then and there, elect twelve of the most able and discreet persons of the said parish, to be vestrymen of the said parish; which said vestrymen so elected, having taken the oaths appointed by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall to all intents and purposes, be deemed and taken to be the vestrymen of the said parish; and hat upon the death, removal out of the parish, resignation or refusal to act, of any of the vestrymen of the said parish, the minister and rest of the vestry make choice of some other able snd discreet person or persons of the said parish, to supply his or their room.
IV. And whereas by an act of the General Assembly, made in the twenty fifth year of the reign of his present majesty, intituled, An act to enable the vestry of the upper parish in Nansemond county, to sell certain

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lands, and for other purposes therein mentioned, the vestry of the said parish were impowered to sell certain lands therein mentioned, and to apply the money arising from the sale thereof, for, and towards the erecting a house for the reception of the poor of the said parish, for the time being, should think necessary. And the vestry of the said parish, pursuant to the said act, have sold the said lands and applied the money arising from the sale, in erecting a house for the reception of divers poor persons, who receive relief from the said parish, and for educating and maintaining several poor children, and have ordained and established sundry good and convenient rules and orders relating to the said house, and the poor received, employed, and educated therein; and it will be necessary that the same, and all other acts of the said vestry, should be confirmed and established.
V. Be it therefore enacted by the authority aforesaid, That all and every act and acts, thing and things, rules and orders, done, made or established by the said vestry, as well relating to the said house, by them erected, and the poor placed, or to be placed therein, as to any other parochial matter be, and the same are hereby confirmed and declared to be valid and binding on the vestry to be elected, by virtue of this act: And the said last mentioned vestry, shall have full power and authority to levy a reasonable allowance in their parish levy, for the education and maintainance of the poor children, now placed, or to be placed in the said house.

lands, and for other purposes therein mentioned, the vestry of the said parish were impowered to sell certain lands therein mentioned, and to apply the money arising from the sale thereof, for, and towards the erecting a house for the reception of the poor of the said parish, for the time being, should think necessary. And the vestry of the said parish, pursuant to the said act, have sold the said lands and applied the money arising from the sale, in erecting a house for the reception of divers poor persons, who receive relief from the said parish, and for educating and maintaining several poor children, and have ordained and established sundry good and convenient rules and orders relating to the said house, and the poor received, employed, and educated therein; and it will be necessary that the same, and all other acts of the said vestry, should be confirmed and established.

V. Be it therefore enacted by the authority aforesaid, That all and every act and acts, thing and things, rules and orders, done, made or established by the said vestry, as well relating to the said house, by them erected, and the poor placed, or to be placed therein, as to any other parochial matter be, and the same are hereby confirmed and declared to be valid and binding on the vestry to be elected, by virtue of this act: And the said last mentioned vestry, shall have full power and authority to levy a reasonable allowance in their parish levy, for the education and maintainance of the poor children, now placed, or to be placed in the said house.

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