| | |
|---|
CHAP. XVII.
An Act for raising 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 ten pounds of tobacco be paid for 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 May, one thousand seven hundred and fifty five, to the fourteenth day of April, one
thousand seven hundred and fifty seven, 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
|
Taxes for 1757.
|
| | |
|---|
| 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.
|
| 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.
|
| IV. And whereas great inconveniences do arise to the inhabitants of
this colony; through their want of knowing the particular taxes and levies, which they are by law
obliged to pay, and the more ignorant are liable to be imposed upon by the sheriffs who collect
the said taxes and levies; for remedy whereof, Be it further enacted, That the sheriffs
of the several counties within this dominion, shall and they are hereby required to set up in
some public place in their respective court houses on the court days in the months of March,
April, and May annually, a list of the several taxes and levies, which they are to collect and
receive from the inhabitants of their said counties respectively; and if any sheriff shall
neglect to set up such list as aforesaid, he shall forfeit and pay fifty pounds for every such
failure, one moiety whereof shall be to our sovereign lord the king for the public use, to be
paid to the treasurer of this colony for the time being, and the other moiety to the informer, to
be recovered by action of debt in any court of record within this dominion.
|
Sheriffs to set up lists of taxes and levies.
|
| | |
|---|
CHAP. XVIII.
An Act for dividing the Parish of Saint Anne, in the County of Albemarle.
|
| I. WHEREAS the parish of Saint Anne, in the county of Albemarle, by
reason of the great extent thereof, is very inconvenient to the inhabitants: 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 twentieth day of
July next all that part of the said parish of Saint Anne which lies on the north side of the
Rivanna River, and above, a northeast line to be drawn from King's Ford to the line of
Fredericksville parish, and from the said Ford up the said river to the secretary's Ford, and
from thence by the main road leading to Wood's Gap, in the Great Mountains, be added to the said
parish of Fredericksville and made part thereof.
|
Part of St. Anne's parish in Albemarle
added to Fredericksville.
|
| II. And be it further enacted, by the authority aforesaid,
That from and after the said twentieth day of July, the remaining part of the said parish of
Saint Anne be divided into two distinct parishes, that is to say: All that part thereof lying on
the north side the Fluvanna River, including all the islands in the said river, shall be one
distinct parish, and retain the name of St. Anne: And all that other part thereof, lying on the
south side of the said river, shall be one other distinct parish, and called and known by the
name of Tillotson.
|
Remaining part divided.
Parish of
Tillotson formed.
|
| III. And be it further enacted, by the authority aforesaid,
That the freeholders and housekeepers of the said parishes of Saint Anne and Tillotson,
respectively, shall meet at some convenient time and place to be appointed, and publicly
advertised by the sheriff of the said county of Albemarle, at least one month before the first
day of October next following, and then and there elect twelve of the most able and discreet
persons of their respective parishes to be vestrymen thereof, which vestrymen so elected, having,
in the court of the said county, taken and subscribed the oaths appointed to be taken instead of
the oaths of allegiance and supremacy, and taken and subscribed the oath of abjuration, and
repeated and subscribed the test, and
|
| | |
|---|
| also subscribed to be conformable to the doctrine and discipline of the church of
England, shall to all intents and purposes be deemed and taken to be the vestries of the said
parishes respectively.
|
| IV. Provided always, That nothing herein contained shall
be construed to hinder the collector or collectors of the said parish of Saint Anne, as the same
now stands entire and undivided, from collecting and making distress for any parish levies which
shall remain unpaid by the inhabitants of that part of the said parish of Saint Anne hereby added
to the parish of Fredericksville, or by the inhabitants of the said parish of Tillotson, at the
time the said division shall take place, but such collector or collectors shall have the same
power to collect and distrain for the said levies, and shall be answerable for them in the same
manner as if this act had never been made, any law, usage, or custom to the contrary thereof in
any wise notwithstanding.
|
CHAP. XIX.
|
| An
| Act to impower the Vestry of the Parish of Saint George, in
the County of Spotsylvania, to sell their Glebe, and for other purposes therein mentioned.
|
|
| I. WHEREAS the glebe land of the parish of Saint George, in the
county of Spotsylvania, is inconveniently situated, and the houses thereon much out of repair;
and the minister, church-wardens, and vestry of the said parish have petitioned this present
general assembly for leave to sell the same and purchase a more convenient glebe: Be it
therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General
Assembly, and it is hereby enacted, by the authority of the same, That the said glebe land,
with the appurtenances, be, and the same is hereby vested in the present vestry of the said
parish, and in the vestry of the said parish for the time being, in trust: Nevertheless, That the
said vestry, or the greater part
|
Vestry of St. George's parish in Spotsylvania, authorised to
sell their glebe
|
| | |
|---|
| of them, shall, by deed or deeds of bargain and sale, sell and convey the said glebe
land, with the appurtenances, for the best price that can be got for the same, to any person or
persons who shall be willing to purchase the same, to hold to such purchaser or purchasers, his
and their heirs and assigns, for ever.
|
| II. And be it further enacted, by the authority aforesaid,
That the money arising by the sale of the said glebe land shall, by the said vestry, be laid out
and applied for and towards purchasing a more convenient glebe, and erecting buildings thereon,
for the use and benefit of the minister of the said parish of Saint George, for the time being,
for ever.
|
| III. And whereas it hath been represented
to this general assembly, that a piece of land belonging to the parish of Bristol, before the
division thereof, and now lying in the parish of Dale, in the county of Chesterfield, is too
small and inconveniently situated for a glebe for the use of the minister of the said parish of
Dale; and that it is reasonable that the said land should be sold, and the money arising from the
sale thereof equally divided between the said parishes of Bristol and Dale, to be laid out in
improvements on the respective glebes of the said parishes: Be it therefore enacted, by the
authority aforesaid, That the said piece of land, with the appurtenances, be, and the same
is hereby vested in the present vestry of the said parish of Dale, and in the vestry of the said
parish for the time being, in trust: Nevertheless, That the said vestry, or the greater
part of them, shall, by deed or deeds of bargain and sale, sell and convey the said piece of
land, with the appurtenances, for the best price that can be got for the same, to any person or
persons who shall be willing to purchase the same; to hold to such
purchaser or purchaser, [purchasers,] his
and their heirs and assigns, for ever.
|
A piece of land belonging to parish of Bristol, before the
division, and now in parish of Dale in Chesterfield, to be sold, and money divided.
|
| IV. And be it further enacted, by the authority aforesaid,
That the vestry of the said parish of Dale, after they have received the purchase money for which
the said piece of land shall be sold, shall pay one moiety thereof to the vestry of the parish of
Bristol for the use of the said parish.
|
| | |
|---|
| CHAP. XX.
|
| An
| Act for dissolving the Vestry of the Parish of Dettengen, in
the County of Prince-William, and for other purposes therein mentioned.
|
|
| I. WHEREAS the vestry of the parish of Dettengen, in the county of
Prince-William, have been guilty of many illegal practices, very oppressive to the inhabitants of
the said parish who have petitioned this present general assembly that the said vestry may be
dissolved: 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 aforesaid vestry be, and it is hereby dissolved; and that all and every act and acts, thing
and things, which at any time hereafter shall or may be done, performed, or suffered by the said
vestry of the said parish shall be absolutely void and of none effect.
|
Vestry of Dettingen parish in
Prince-William dissolved.
|
| II. And be it further enacted, by the authority aforesaid,
That the freeholders and house-keepers of the said parish shall meet at some convenient time and
place, to be appointed and publicly advertised by the sheriff of the said county, at least one
month before the last day of July next, and then and there elect twelve of the most able and
discreet persons of the said parish to be vestrymen thereof; which said vestrymen, so elected, by
virtue of this act, having, in the court of the said county of Prince-William, taken the oaths
mentioned and required to be taken by an act of parliament, made in the first year of the reign
of his late majesty king George, the first, intituled, An Act for the further security of his
majesty's person and government, and the succession of the crown in the heirs of the late
Princess Sophia (being Protestants) and for extinguishing the hopes of the pretended Prince of
Wales, 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; and
|
| | |
|---|
| upon the death, removal, or resignation of any of the said vestrymen, the remaining
vestrymen shall be, and they are hereby impowered to chuse and elect another vestryman in the
room of such vestryman so dying, removing, or resigning.
|
| III. And whereas two actions are now depending in the general court
of this colony, commenced by the church-wardens of the said parish of Dettengen, against certain
persons who contracted with the vestry of the said parish to erect their public buildings: Be
it enacted, That such actions, and every of them, shall and may be prosecuted and continued
to judgement and execution in the same manner as if this act had never been made; and the money
recovered in any such action shall, by the plaintiff or plaintiffs, be paid to the church-wardens
of the said parish, for the time being, for the use of the said parish. And in case any person or
persons, plaintiffs in any such action, shall neglect or refuse to pay the money by them
recovered to the church-wardens of the said parish, for the time being, as aforesaid, it shall
and may be lawful for such church-wardens to commence and prosecute an action or actions upon the
case for the recovery thereof against every such person, his or their executors or
administrators, and to declare for so much money received to the use of such church-wardens.
|
| IV. And whereas James Jouslin, formerly of the county of Princess
Anne, by his last will and testament, in writing, bearing date the eighth day of January, in the
year of our Lord one thousand six hundred and ninety four-five, did give and devise a certain
tract or parcel of land, lying and being in the parish of Lynhaven, in the said county of
Princess-Anne, unto his son Richard Jouslin and his wife Elizabeth Jouslin, to be equally divided
between them during their natural lives, and after his wife's decease to his said son and his
heirs for ever; but in case his said son should die without heirs lawfully begotten, then to the
poor orphans of the said parish, towards their maintainance and education, and never to be sold
by his said son to any person whatsoever. And whereas the said Elizabeth is since dead, and also
the said Richard Jouslin the son, without any issue lawfully begotten of his body. And whereas
the said tract or parcel of land is poor, and inconveniently situated, and of little advantage to
the poor orphans of the said county;
|
Certain lands in Lynhaven parish, in Princess Anne, devised by
James Jouslin to the poor orphans of the parish, authorised to be sold.
|
| | |
|---|
| and it would be more advantageous to them if the said tract or parcel of land was sold,
and the money arising by the sale thereof laid out in the purchase of a more convenient tract or
parcel of land, and in making necessary buildings thereon: Be it therefore enacted by the
Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby
enacted, by the authority of the same, That all and singular the tract or parcel of land
aforesaid, with the appurtenances, be, and the same are hereby vested in the present vestry of
the said parish of Lynhaven, in the said county of Princess-Anne, and in the vestry of the said
parish for the time being, in trust: Nevertheless, that the said vestry, or the greater
part of them, shall, by deed or deeds of bargain and sale, duly executed, convey all and singular
the said tract or parcel of land to such person or persons as shall be willing to purchase the
same; to hold to such purchaser or purchasers, his and their heirs and assigns, for ever; and
that the money arising by the sale of the said land shall be by them applied for and towards
purchasing a more convenient tract or parcel of land, and in making and building such houses and
improvements thereon as shall be necessary for the purposes mentioned in the said last will and
testament of the said James Jouslin.
|
| V. 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 James Jouslin, deceased) all such estate, right, title, interest, property,
claim and demand whatsoever, as they, every, or any of them, should, or might have had, or
claimed, if this act had never been made.
|
| | |
|---|
| CHAP. XXI.
|
| An
| Act to enable the Vestry of the Parish of Stratton-Major, in
the County of King and Queen, to sell their Glebe, and for other purposes therein mentioned.
|
|
| I. WHEREAS the glebe of the parish of Stratton-Major, in the county
of King and Queen, is inconveniently situated, and the minister and vestry of the said parish
have petitioned this present general assembly that an act may pass to enable them to sell the
said glebe, and to lay out the money arising from such sale in purchasing other land for a glebe,
and erecting convenient buildings thereon: Be it therefore enacted, by the
Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby
enacted, by the authority of the same, That the said glebe land, with the appurtenances, be,
and the same is hereby vested in the present vestry of the said parish for the time being, in
trust: Nevertheless, that the said vestry, or the greater part of them, shall, by deed
of bargain and sale, sell and convey the said glebe, with the appurtenances, for the best price
that can be got for the same, to any person or persons who shall be willing to purchase the same;
to hold to such purchaser or purchasers: his heirs and assigns, for ever.
|
Vestry of Stratton-Major parish in King and
Queen authorised to sell their glebe.
|
| II. And be it further enacted, by the authority aforesaid,
That the money arising by the sale of the said glebe, shall be by the said vestry laid out and
applied for and towards purchasing a more convenient tract or parcel of land for a glebe, and
erecting buildings thereon, for the use and benefit of the minister of the said parish of
Stratton-Major, for the time being, for ever.
|
| | |
|---|
CHAP. XXII.
An Act for dividing the County of Fairfax.
|
| I. WHEREAS many inconveniencies attend the upper inhabitants of the
county of Fairfax, by reason of the large extent of the said county, and their remote situation
from the court house, and the said inhabitants have petitioned this present general assembly that
the said county may be divided: 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 July next ensuing the said county of Fairfax be
divided into two counties, that is to say: All that part thereof, lying above Difficult run,
which falls into Patowmack river, and by a line to be run from the head of the said run, a
straight course, to the mouth of Rocky run, shall be one distinct county, and called and known by
the name of Loudoun: And all that part thereof below the said run and course, shall be one other
distinct county, and retain the name of Fairfax.
|
Fairfax county divided.
Loudoun county formed.
|
| II. And for the due administration of
justice in the said county of Loudoun, after the same shall take place: And be it further
enacted, by the authority aforesaid, That after the [said] first day of July a court for the said county of Loudoun be
constantly held by the justices thereof, upon the second Tuesday in every month, in such manner
as by the Laws of this colony is provided, and shall be by their commission directed.
|
Court days.
|
| III. Provided always, That nothing herein contained shall
be construed to hinder the sheriff or collector of the said county of Fairfax, as the same now
stands entire and undivided, from collecting and making distress for any public dues, or officers
fees, which shall remain unpaid by the inhabitants of the said county of Loudoun at the time of
its taking place; but such sheriff or collector shall have the same power to collect or distrain
for such dues and fees, and shall be answerable for them in the same manner as if this act had
never been made, any law, usage, or custom to the contrary thereof in any wise notwithstanding.
|
| | |
|---|
| IV. And be it further enacted, by the authority aforesaid,
That the court of the said county of Fairfax shall have jurisdiction of all actions and suits,
both in law and equity, which shall be depending before them at the time the said division shall
take place; and shall and may try and determine all such actions and suits, and issue process and
award execution in any such action or suit in the same manner as if this act had never been made,
any law, usage, or custom to the contrary in any wise notwithstanding.
|
| V. And be it further enacted, by the authority aforesaid,
That out of every hundred pounds of tobacco, paid in discharge of quit rents, secretary's,
clerk's, sheriff's, surveyors, or other officers fees, and so proportionably for a greater or
lesser quantity, there shall be made to the following abatements or allowances to the payer, that
is to say: For tobacco due in the county of Fairfax ten pounds of tobacco, and for tobacco due in
the county of Loudoun twenty pounds of tobacco; and that so much of the act of assembly,
intituled, An Act for amending the Staple of Tobacco, and preventing frauds in his majesty's
customs, as relates to any thing within the purview of this act, shall be, and is hereby repealed
and made void.
|
CHAP. XXIII.
An Act for dividing the Parish of Cumberland, in the County of Lunenburg.
|
| I. WHEREAS the parish of Cumberland, in the county of Lunenburg, by
reason of the great extent thereof, is very inconvenient to the inhabitants: 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
July next the said parish of Cumberland be divided, by a streight line to be run from Colonel
Byrd's mill, on Roanoke river, to the head of Nottoway River; and that all that part of the said
parish of Cumberland; which lies below the said
|
Cumberland parish, in Lunenburg divided.
|
| | |
|---|
| bounds shall be one distinct parish, and retain the name of Cumberland, and all that
part thereof which lies above the said bounds shall be one other distinct parish, and called by
the name of Cornwall.
|
Cornwall parish formed.
|
| II. And be it further enacted, by the authority aforesaid,
That the freeholders and house-keepers of the said parishes of Cumberland and Cornwall,
respectively, shall meet at some convenient time and place, to be appointed and publicly
advertised by the sheriff of the said county of Lunenburg, at least one month before the tenth
day of September next, and then and there elect twelve of the most able and discreet persons of
their respective parishes for vestrymen in each of the said parishes; which vestrymen, so
elected, having, in the court of the said county of Lunenburg, taken and subscribed the oaths
appointed to be taken by one act of parliament, made in the first year of the reign of his late
majesty king George the first, intituled, An Act for the further security of his majesty's person
and government, and the succession of the crown in the heirs of the late Princess Sophia (being
protestants) and for extinguishing the hopes of the pretended Prince of Wales, and his open and
secret abettors, and taken and subscribed the oath of abjuration, and repeated and subscribed the
test, and also subscribed to be conformable to the doctrine and discipline of the church of
England, shall, to all intents and purposes, be deemed and taken to be the vestries of the said
parishes, respectively.
|
| III. Provided always, That nothing herein contained shall
be construed to hinder the collector or collectors of the said parish of Cumberland, as the same
now stands entire and undivided, from collecting or making distress for any parish levies which
shall remain unpaid by the inhabitants of the said parish of Cornwall at the time the said
division shall take place, but such collector or collectors shall have the same power to collect
and distrain for the said levies, and shall be answerable for the same in the same manner as if
this act had never been made, any law, usage, or custom to the contrary thereof in any wise
notwithstanding.
|
| | |
|---|
| CHAP. XXIV.
|
| An
| Act to impower the Vestry of the Parish of Overwharton, in
the County of Stafford, to levy for Mourning Richards a reasonable satisfaction for rebuilding a
Church at Acquia.
|
|
| I. WHEREAS Mourning Richards, in the year one thousand seven
hundred and fifty one, contracted with the vestry of the parish of Overwharton, in the county of
Stafford, to build a large brick church at the head of Acquia creek in the said parish, for the
consideration of one hundred and ten thousand nine hundred pounds of tobacco to be paid in four
years, and afterwards agreed to make several alterations and addictions to the plan first
proposed, for the further consideration of twenty thousand pounds of tobacco, and had almost
finished the same, when in the year one thousand seven hundred and fifty five it was accidentally
burnt down, and the said Mourning Richards hath since rebuilt the same in a neat and workman-like
manner.
|
Vestry in Overwharton parish, in Stafford, authorised to levy a
sum of money for Mourning Richards, for re-building a church at Acquia, which had been burnt
down.
|
| II. And whereas the parishioners of the said parish are willing to
pay the said Mourning Richards a reasonable satisfaction for the expence and trouble he hath been
put to in rebuilding the said church, and are desirous that an act may pass to enable the vestry
of the said parish to raise the same: 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 parish of Overwharton shall and may, and
they are hereby impowered and required to levy on the inhabitants of the said parish, for the use
of the said Mourning Richards, in one or more years, and in such proportion as they shall judge
least burthensome to the said inhabitants, so much money or tobacco as they shall think a
reasonable satisfaction for rebuilding the said church.
|
| | |
|---|
| CHAP. XXV.
|
| An
| Act to impower the Justices of the County of Norfolk to agree
with persons to keep certain Ferries, and to levy the expence thereof upon the inhabitants of the
said County.
|
|
| I. WHEREAS it hath been represented to this present general
assembly, by the inhabitants of the county and borough of Norfolk, that on the branches of
Elizabeth river, and on Tanner's creek in the said county, there are five public ferries, over
one of which most of the said inhabitants are obliged to pass in order to go to church, court,
and general musters, and that by the expence of ferriage many poor people are prevented from
brining their small wares and commodities to the market of the said borough: Be it therefore
enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly,
and it is hereby enacted, by the authority of the same, That the justices of the court of
the said county of Norfolk, for the time being, be, and they are hereby impowered and required to
appoint, contract, and agree with proper persons to keep the said ferries, and to levy the
expence thereof upon the tithable inhabitants of the said county annually at the laying the
county levy.
|
Public ferries in Norfolk, to be supported at charge of county.
|
| II. And be it further enacted, by the authority aforesaid,
That every person so appointed to keep the said ferries shall constantly keep such boats and
hands as the said court shall, from time to time, order and direct to be kept at the said
ferries, respectively, and shall give immediate passage over the said ferries to all the
inhabitants of the said county without any fee or reward.
|
Duty of keepers.
|
| III. Provided always, and it is hereby further enacted,
That such ferry-keepers shall and may demand and receive from persons, not being inhabitants of
the said county of Norfolk, the following rates, that is to say: For a man four pense, and for an
horse the same, for every coach, chariot, or waggon, and the driver thereof, the same as for six
horses: For every cart or four wheel chaise, and the driver thereof, as for four horses: For
every two wheel chair or chaise the same as
|
Who to pay ferriage, who not.
|
| | |
|---|
| for two horses. For every hogshead of tobacco as for one horse: For every head of nett
cattle as for one horse: For every sheep, goat, or lamb, one fifth part of the ferriage of one
horse; and for every hog one fourth part of the ferriage of one horse, any law, usage, or custom
to the contrary thereof in any wise notwithstanding.
|
CHAP. XXVI.
|
| An
| Act for dissolving the Vestry of the parish of Saint Paul, in
the County of Stafford.
|
|
| I. WHEREAS several of the vestrymen of the parish of Saint Paul, in
the county of Stafford, by reason of their great age and infirmities, are unable to attend at
vestries, and several illegal things have been transacted by the majority of the said vestry, to
the oppression of the inhabitants of the said vestry, who have petitioned this present general
assembly that the said vestry may be dissolved: Be it therefore enacted, by the
Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby
enacted, by the authority of the same, That the said vestry of the said parish of Saint
Paul, in the said county of Stafford, be, and the same is hereby dissolved; and that all and
every acts and acts, thing and things which at any time hereafter shall or may be done,
performed, or suffered by the said vestry of the said parish shall be absolutely void and of none
effect.
|
Vestry of St. Paul, in Stafford dissolved.
|
| II. And be it further enacted, by the authority aforesaid,
That the freeholders and house keepers of the said parish shall meet at some convenient time and
place, to be appointed and publicly advertised, at least one month, by the sheriff of the said
county of Stafford, before the last day of July next, and then and there elect twelve of the most
able and discreet persons of their parish to be vestrymen thereof; which said vestrymen so
elected, by virtue of this act, having, in the court of the said county of Stafford, taken and
subscribed
|
| | |
|---|
| the oaths appointed to be taken by one act of parliament, made in the first year of the
reign of his late majesty king George the first, intituled, An Act for the further security of
his majesty's person and government, and the succession of the crown in the heirs of the late
Princess Sophia, being protestants, and for extinguishing the hopes of the pretended Prince of
Wales, 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 of
Saint Paul; and upon the death, removal, or resignation of any of the said vestrymen, so to
be elected, the remaining vestrymen shall be, and they are hereby impowered to chuse and elect
another vestryman in the room of such vestryman so dying, removing or resigning.
|
CHAP. XXVII.
|
| An
| Act to impower Lemuel Riddick to clear Summerton Creek, and
for other purposes therein mentioned.
|
|
| I. WHEREAS it hath been represented to this general assembly, That
the upper part of Summerton creek, in the county of Nansemond, which runs into Chowan river, in
the province of North-Carolina, is useless to the inhabitants of this colony, by means of river
dams, rafts of old trees, and other obstructions therein, and that the clearing the said creek,
and making the same navigable, will be a public benefit, and Lemuel Riddick, of the town of
Suffolk, in the county aforesaid, hath applied to this general assembly for leave to clear the
same at his own expence: Be it therefore enacted, by the Lieutenant-Governor, Council, and
Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the
same, That it shall and may be lawful for the said Lemuel Riddick, his heirs and assigns,
and he and they are hereby authorised
|
Lemuel Riddick impowered to clear Summerton creek, in Nansemond.
|
| | |
|---|
| and impowered, at his or their own expence, at any time or times after the passing of
this act, to clear the said creek of all obstructions and make the same navigable for small
craft, from the line which divides this colony from the province of North-Carolina, to any part
of the lands of the said Lemuel, on the said creek, and to erect any gates, dams or stops that
may be necessary for supplying and raising water in the said creek.
|
| II. And be it further enacted, by the authority aforesaid,
That it shall and may be lawful for the said Lemuel Riddick, his heirs and assigns, or any person
or persons employed by him or them in the execution of this act, to pass through or go on shore
upon the lands of any person or persons whatsoever without being subject to an action of trespass
for the same; and if any suit shall be commenced for any thing done in pursuance of this act, the
person or persons sued may plead the general issue, and give this act in evidence; and every
court before whom such suit shall be prosecuted, where a verdict shall be found for the defendant
or the plaintiff shall be nonsuited, shall award judgment for such defendant and costs.
|
| III. And be it further enacted, That it shall and may be
lawful to and for the said Lemuel Riddick, his heirs and assigns, as soon as he or they shall
have cleared and made the said creek navigable, to demand and receive of and from all or any
person or persons who shall transport any goods, effects, or merchandise up or down the said
creek, in any vessel, or upon any rafts, the following rates, to wit: For every barrel to pork,
beef, tar, pitch or turpentine four pence per barrel: For every hogshead of rum, deer skins, or
other goods, one shilling: For every bushel of salt or grain one penny current money, and so in
proportion for any other goods; and a particular manifest of all goods and commodities which at
any time or times, after the said creek shall be made navigable, as aforesaid, shall be brought
up or carried down the said creek by any person or persons whatsoever, shall be delivered unto
the said Lemuel Riddick, his heirs or assigns, or some person by him or them to be appointed for
that purpose, within twenty-four hours after the same shall be landed at any place or places on
the said creek, and pay the rates aforesaid, otherwise he, she or they shall forfeit and pay unto
the said Lemuel Riddick, his heirs and
|
| | |
|---|
| assigns, double the sum for which the goods and commodities ought by this law to have
paid had the same been duly entered and paid, to be recovered before any justice of the peace for
the county of Nansemond by a warrant for that purpose obtained.
|
| IV. Provided always, That nothing in this act contained
shall be construed, deemed or taken to hinder or restrain any person or persons from prosecuting
and maintaining any actions or suits against the said Lemuel Riddick, his heirs, executors,
administrators or assigns for any damage occasioned by means of his or their stopping the waters
of the said creek.
|
| V. Provided also, That if at any time or times hereafter
it shall appear to the general assembly that the free use of the said creek will be advantageous
to the public, and the said assembly shall be willing to reimburse the said Lemuel Riddick, his
heirs and assigns, the expences and charges which he or they shall or may be at in the execution
of this act, and also pay him or them a reasonable satisfaction for his or their trouble, that
then this act and every thing herein contained shall cease and become void.
|
CHAP. XXVIII.
|
| An
| Act to impower William Rand to build a Bridge over Pagan
Creek, and for other purposes therein mentioned.
|
|
| I. WHEREAS it hath been represented to this general assembly, that
the bridge formerly erected over the western branch of Pagan creek, in the county of Isle of
Wight, from the land of William Hodsden to the land of Richard Reynolds, is fallen down and
become useless, and that the erecting another bridge on the land of the same persons, a small
distance above where the old bridge was built, will be of great use, ease, and benefit to the
public; and William Rand, of the town of Smithfield, in the county aforesaid, hath applied to
this general assembly for leave to erect, maintain, and support a good and sufficient bridge over
|
William Rand
authorised to build a bridge over Pagan creek.
|
| | |
|---|
| the said creek at his own expence: Be it therefore enacted, by the
Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby
enacted, by the authority of the same, That it shall and may be lawful for the said William
Rand, his heirs or assigns, to erect, support, and maintain a good and sufficient bridge over the
said creek, at the place aforesaid, at his own expence; and as soon as the same shall be
compleatly finished, fit for travellers to pass over in carriages, it shall and may be lawful to
and for the said William Rand, his heirs and assigns, to demand, take, and receive, of and from
all persons passing over the said bridge with horses, wheel carriages and cattle, the following
rates, to wit: For a man and horse four pence: For every wheel carriage two pence per wheel: For
every head of nett cattle two pence: For every head of sheep or hogs one penny; and that no
person shall have liberty to pass over the said bridge with wheel carriages, horses, or cattle
until they shall first pay and satisfy the said William Rand, his heirs and assigns, the toll
herein before mentioned.
|
| II. Provided always, That no person who is desirous to
pass over the said bridge on foot, without horses or other cattle, shall be obliged to pay the
said toll or any part thereof, but all such foot persons are hereby declared to have liberty to
pass over the said bridge free.
|
CHAP. XXIX.
|
| An
| Act to impower Armistead Churchill, gentleman, to sell and
dispose of certain intailed Lands.
|
|
| I. WHEREAS William Churchill, late of the parish of Christ Church,
in the county of Middlesex, gentleman, deceased, was in his lifetime, and at the time of his
death, seised in fee-simple of and in two thousand two hundred and eighty acres of land, with the
appurtenances, lying and being in the parish of Lunenburg, in the county of Richmond, and being
so thereof seised did make his last will and testament, in
|
Alexander Churchill authorised to sell
certain intailed lands.
|
| | |
|---|
| writing, bearing date the eight day of November, in the year of our Lord one thousand
seven hundred and ten, and thereby devised the same to his son Armistead, by the description of
all his land in Virginia, and to the heirs of his body lawfully begotten; but in case he should
die without heirs then he gave all his lands in Richmond county to his daughter Elizabeth
Churchill, and to the heirs of her body lawfully begotten, and in case she should die without
heirs of her body lawfully begotten, then he gave the said lands to Priscilla Churchill and the
heirs of her body lawfully begotten, as by the same proved and recorded in the county court of
Middlesex may appear; and some time after making the said will the said William Churchill died,
whereby the said Armistead became seised of the said two thousand two hundred and eight acres of
land in tail, under the limitations and restrictions in the will of the said William Churchill
mentioned, and hath issue William Churchill his eldest son and heir at law, who is of full age,
and hath (together with Elizabeth Dawson, who is the Elizabeth Churchill, and Priscilla Lewis,
who is the Priscilla Churchill mentioned in the will of the said William Churchill, deceased)
consented to the passing of this act.
|
| II. And whereas the said Armistead Churchill hath settled on the
said William Churchill, his heir at law, on his marriage, other lands of greater value than the
said two thousand two hundred and eighty acres in Richmond, and is not seised of any lands in
fee-simple, or which he can sell in order to make a provision for his younger children (of which
he hath a great number) and it will render the remaining part of the lands so as aforesaid
devised to him by the will of the said William Churchill entirely useless to his heir at law and
his posterity after his death if he was to make a provision for his younger children out of his
slaves and personal estate.
|
| III. And whereas notice has been published three Sundays
successively, in the churches in the said parish of Lunenburg, that application would be made to
this general assembly for leave to sell and dispose of the said two thousand two hundred and
eighty acres of land, pursuant to your majesty's instructions.
|
| IV. May it therefore please your most excellent majesty, at the
humble suit of the said Armistead Churchill, 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 Armistead Churchill, 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 two thousand
two hundred and eighty acres of land, and to make and execute all deeds and conveyances necessary
in law for assuring unto such purchaser or purchasers a good estate in fee-simple in the lands so
to be purchased; and su h purchaser or purchasers, by virtue of such deeds and conveyances,
and of this act, shall for ever hereafter peaceably and quietly hold and enjoy the said lands, so
purchased, to them and their heirs for ever.
|
| V. Saving to the king's most excellent majesty, his heirs and
successors, and unto 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 William Churchill, deceased) all such right, title, estate, interest,
claim, and demand, as they, every, or any of them, should or might have had or claimed if this
act had never been made.
|
| VI. Provided always, That the execution of this act shall
be suspended until his majesty's approbation thereof shall be obtained.
|
CHAP. XXX.
|
| An
| Act to vest certain intailed lands therein mentioned in
Thomas Turner, gentleman, in fee-simple, and for settling other lands of greater value to the
same uses.
|
|
| I. WHEREAS Richard Johnson, late of the county of King and Queen,
gentleman, deceased, was, in his lifetime, seised in fee-simple of and in a tract of land,
containing two thousand seven hundred and
|
Certain lands intailed by Richard Johnson in
|
| | |
|---|
| sixty-five acres, situate on Mattapony river, in the parish of Drysdale, and county of
Caroline, and being so seised, he the said Richard Johnson, in and by his last will and
testament, in writing, by him duly published, bearing date the thirteenth day of December, in the
year of our Lord one thousand seven hundred and thirty-three, did, among other things, give and
devise the said lands, by the description of all his lands and
plantations, mills [mill] and
appurtenances, of which he was then possessed, in the county of Caroline, to his nephew
Thomas Johnson, and the heirs of his body lawfully begotten, for ever, with several remainders
over, as in and by the said will, proved and recorded in the court of the said county of King and
Queen, may more fully appear; and soon after making the said will the said Richard Johnson
departed this life, after whose death the said Thomas Johnson, the nephew, entered into the said
lands and premisses and was thereof seised, and hath agreed to sell and convey the same to Thomas
Turner, gentleman.
|
Caroline, vested in Thomas Turner.
|
| II. And whereas the said Thomas Johnson is seised in fee simple of
and in a tract of land, containing one thousand seven hundred and eleven acres, situate in the
parish of Fredericksville, in the county of Louisa, which was purchased by him of Anne Cosby, and
William Johnson, and Martha his wife, and conveyed by deeds recorded in the said county court of
Louisa.
|
| III. And whereas it will be greatly to the advantage of the said
Thomas Johnson and his family to dock the intail of the said lands in the county of Caroline,
whereby he may be enabled to provide for his younger children, and to settle the said lands in
the county of Louisa, being of greater value, to the same uses.
|
| III. And for as much as notice has been published three Sundays
successively in the several churches of the said parish of Drysdale, in the county of Caroline,
that application would be made to this present general assembly to dock the intail of the said
lands in the county of Caroline, upon settling the other lands 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 Thomas Johnson and Thomas Turner, 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 aforesaid, That the said two thousand seven
hundred and sixty-five acres of land, so as aforesaid, agreed to be sold to the said Thomas
Turner, be, and the same are hereby vested in the said Thomas Turner, his heirs and assigns, for
ever, to his and their own proper use and behoof: And that the said one thousand seven hundred
and eleven acres of land, in the county of Louisa, be, and are hereby vested in the said Thomas
Johnson, and the heirs of his body, for ever; and on failure of such heirs the same shall remain,
go, and descend to all and every such person and persons, and for such estate, and in such sort,
manner and form as the said lands in the county of Caroline would have remained, gone and
descended by virtue of any limitations in the will of the said Richard Johnson if this act had
never been made.
|
| V. 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 will of the said
Richard Johnson) 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.
|
| VI. Provided always, That the execution of this act shall
be suspended until his majesty's approbation thereof shall be obtained.
|
[Page 162 was left blank.]
|
Pages 163-179
