Pages 215-231 
|  Pages 255-283
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| Pages 215-231
| Pages 255-283
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| CHAP. II. | ||
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| I. WHEREAS several accounts, for the pay of the militia drawn out into actual service, and the provisions supplied the said militia, and the Indians who have come to the assistance of this colony; and for the damage done to the inhabitants by those Indians, and for the pay of the officers and guards who conducted the drafted soldiers to Fredericksburg and winchester, remain unsettled by this present general assembly, for want of proper vouchers and certificates; and it will be a great saving to the colony to have commissioners appointed in the country to settle and adjust 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 Gabriel Jones, John Maddison, and Thomas Lewis, gentlemen, be, and they are hereby appointed commissioners for the counties of Hampshire, Augusta, and Hanover; William Cabbell, junior, John Nicholas, and Samuel Jordan, gentlemen, commissioners for the county of Albemarle; Clement Read, Abraham Maury, and Richard Witton, gentlemen, commissioners for the counties of Bedford, Halifax, and Lunenburg; Henry Lee, Henry Peyton, Thomas Slaughter, and William Green, gentlemen, commissioners for the counties of Prince-William, Stafford, Orange, and Culpeper; John Hite, James Wood, and Robert Rutherford, gentlemen, commissioners for the county of Frederick; and Peter Legrand, Thomas Tabb, and John Nash, gentlemen, for the counties of Amelia, and Prince-Edward, to examine, state, and settle the accounts for provisions and pay of the militia of the county, or counties of which they are appointed commissioners, respectively, and for provisions for the Indians who have come to the assistance | Commissioners to ascertain pay and subsistence of militia, and damages done by Cherokees and Catawba Indians. |
| of this colony, and for the damages done by those Indians to the inhabitants of those counties, respectively, and for the pay of the officers and guards who conducted the drafted soldiers of the said counties to Fredericksburg or winchester, and that William Prentis, Thomas Everard, and James Cocke, gentlemen, be, and they are hereby appointed commissioners to examine, state, and settle all other accounts of the pay of such officers and drafts; and that the said commissioners for the said counties of Hampshire, Augusta, Albemarle, Lunenburg, Culpeper, Prince-William, Bedford, Halifax, and Frederick, respectively, or any two of them, shall, and they are hereby impowered and required to meet, for the purposes aforesaid, at such times and places as they shall respectively think fit and convenient, of which time and place public notice shall be advertised at the court-house of each respective county, at least one month before such meeting; and the said commissioners for the several other counties shall meet at such time as they shall think fit, of which public notice shall be given in the Virginia Gazette at least one month before such meeting, and to adjourn from time to time until they shall have settled all the accounts herein before mentioned and directed to be settled by them respectively; and shall have power to call al persons concerned in settling the said accounts before them, and to administer an oath or oaths to any person or persons for their better information in the premisses: And that the said commissioners, or any two of them, shall certify the accounts for provisions, and for the pay of the militia, so by them examined, stated, and settled, to the governor or commander in chief for the time being: And the said commissioners, or any two of them, shall also certify the accounts, together with the vouchers and certificates of the damages done by the said Indians to the inhabitants of the said counties respectively, to the next general assembly after the settlement of the said accounts: And the said commissioners are hereby directed, in stating and settling the said accounts, to allow no more than half pay to a captain and a lieutenant, where it shall appear their companies consisted of less than forty men; and to allow clerks and artificers employed by captains or lieutenants, no more than soldiers pay, except such artificers were absolutely necessary. |
| II. And whereas several accounts, referred to a committee constituted by an act of assembly, intituled, An Act for granting an aid to his majesty, for the better protection of this colony, and for other purposes therein mentioned, remain unsettled: Be it further enacted, by the authority aforesaid, That the said committee be, and the same is hereby discharged from proceeding any further in the settlement of such accounts; and that the before named William Prentis, Thomas Everard, and James Cocke, gentlemen, be, and they are hereby constituted and appointed, commissioners to examine, state, and settle the same. | ||
 CHAP. III. | ||
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| I. WHEREAS it hath been represented to this present general assembly, that Lewis Stephens being seised and possessed of nine hundred acres of land, near Opeccan, in the county of Frederick, hath surveyed and laid out forty acres, part thereof into lots of half an acre each, with proper streets for a town, and hath caused a plan thereof to be made, and numbered from one to eighty inclusive, and hath annexed to each of the said lots numbered 26, 27, 28, 29, 30, 31, 32, 33,34, 35, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, five acres of land, and to each of the remaining sixty lots ten acres of land, part of the said nine hundred acres: All which lots, with the lands annexed thereto, are purchased by different persons who are now settling and building thereon, and humbly desire that the same may be by act of assembly erected into a town, and that they may enjoy the like privileges as freeholders and inhabitants of other towns in this colony | Town of Stephensburg established. |
| do enjoy: 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 nine hundred acres of land, so surveyed and laid off by the said Lewis Stephens, be, and the same is hereby erected and established a town, and shall be called by the name of Stephensburgh: And that the freeholders and inhabitants of the said town shall for ever hereafter enjoy the same privileges as the freeholders and inhabitants of other towns erected by act of assembly, in this colony, do enjoy. | |
| II. And whereas by an act of assembly, made in the twenty fifth year of his present majesty's reign, a town was established at Winchester, in the said county of Frederick, which daily increases in inhabitants, and James Wood, of the said county, gentleman, having laid off one hundred and six acres of his land, contiguous to the said town of Winchester, into lots and streets, hath petitioned this present general assembly that the same may be added to, and made part of the said town of Winchester; and that the purchasers of the said lots may enjoy the like privileges and advantages as the freeholders and inhabitants of the said town do enjoy: Be it therefore enacted, by the authority aforesaid, That the said one hundred and six acres of land, so laid out as aforesaid, by the said James Wood, shall be added to, and made part of the said town; and that the freeholders and inhabitants thereof, shall have and enjoy all the rights and privileges that the freeholders and inhabitants of the said town of Winchester now enjoy. | Winchester enlarged. |
| III. And whereas Nicholas Minor, of the county of Loudoun, gentleman, hath laid off sixty acres of his land, adjoining to the court-house of the said county, into lots, with proper streets for a town, many of which lots are sold, and improvements made thereon, and the inhabitants of the said county have petitioned this general assembly that the same may be erected into a town, Be it therefore enacted, by the authority aforesaid, That the land so laid off into lots and streets, for a town, by the said Nicholas Minor, be and the same is hereby erected and established a town, and shall be called by the name of Leesburg; and that the freeholders and inhabitants thereof shall for ever hereafter enjoy the same privileges which the inhabitants of other towns, erected by act of assembly, no enjoy. | Leesburg established. |
| IV. And whereas it is expedient that trustees be appointed to regulate the buildings in the said towns of Stephensburg, Winchester, and Leesburg: Be it therefore enacted, by the authority aforesaid, That the right honorable Thomas, Lord Fairfax, Thomas Bryan Martin, esquire, James Wood, Lewis Stephens, Gabriel Jones, John Hite, John Dooe, Isaac Perkins, Robert Rutherford, and Philip Boush, gentlemen, be constituted and appointed of the said towns of Stephensburg and Winchester, and they, or any five, or more of them, are hereby authorized and impowered, from time to time, and at all times hereafter, to settle and establish such rules and orders for the more regular and orderly building of the houses in the said towns as to them shall seem best and most convenient: And that the honorable Philip Ludwell Lee, esquire, Thomas Mason, esquire, Francis Lightfoot Lee, James Hamilton, Nicholas Minor, Josias Clapham, Æneas Campbell, John Hugh, Francis Hague, and William West, gentlemen, be constituted and appointed trustees for the said town of Leesburg; and they, or any five, or more of them, are hereby authorized and impowered, from time to time, and at all times hereafter, to settle and establish such rules and orders for the more regular and orderly building of the houses in the said town of Leesburg as to them shall seem best and most convenient: And in case of the death or removal, or other legal disability to any one or more of the trustees before mentioned, it shall and may be lawful for the surviving or remaining trustees of the said towns of Stephensburg, Winchester, and Leesburg, respectively, from time to time, to elect and chuse so many other persons in the room of those so dead, removed, or disabled, as shall make up the number of ten; which trustees, so chosen, shall to all intents and purposes be vested wit the same power as any other in this act particularly named. |
| CHAP. IV. | ||
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| I. WHEREAS the act of assembly made in the thirtieth year of his present majesty's reign, intituled, An Act for reducing the several acts for making provision against invasions and insurrections, in to one act, will expire on the eighth day of June next; and it being necessary and expedient that the said act should be continued: 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 recited act of assembly, and every clause and article thereof, shall continue and be in force from and after the said eighth day of June next, for an during the term of one year from thence next following, and no longer. | Act making provision against invasion and insurrections, further continued. | |
| CHAP. V. An Act for preventing fraudulent gifts of Slaves. | ||
| I. WHEREAS many frauds have been committed by means of secret gifts made, or pretended to have been made, of slaves, by parents and others, who have notwithstanding remained in possession of such slaves as visible owners thereof, whereby creditors and purchasers have been frequently involved in expensive lawsuits, and often deprived of their just debts & purchases: For prevention whereof. 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 no gift of any slave or slaves shall be good or sufficient to pass | Preamble. Gifts of slaves must be by will, or deed proved and recorded. |
| any estate in such slave or slaves to any person or persons whatsoever, unless the same be made by will, duly proved and recorded, or by deed in writing, to be proved by two witnesses at the least, or acknowledged by the donor, and recorded in the general court or the court of the county where one of the parties lives, within eight months after the date of such deed or writing. | |
| II. And be it further enacted, by the authority aforesaid, That all gifts, without will or deed in writing, heretofore made of any slave or slaves, where the possession hath not been delivered in consequence of such gift, shall be void, unless the same be confirmed by will or deed in writing by the donor, or in case he be dead his heir, or the person that would be entitled to such slave or slaves if such verbal gift had not been made, and proved by two witnesses, or acknowledged by the party, and recorded in the general court, or the court of the county where one of the parties lives, within two years after the passing of this act; and where any person hath been in the actual possession of any slave or slaves, by virtue of any gift, for the space of five years next before the passing of this act, the same shall be good and effectual to secure the right, title, and property in such slave or slaves. | Former gifts how to be confirmed. |
| III. And be it further enacted, That if any person or persons, who before the passing of this act, have or hath made any verbal gift of any slave or slaves before witnesses, and such slave or slaves hath not since come into the possession of a bona fide purchaser, or in case such donor be dead, his heir, or the person that would be entitled to such slave or slaves, in case such verbal gift had not been made, shall refuse to make a deed in writing to confirm such gift, in order that the same may be recorded according to the directions of this act, in such case it shall be lawful for the donee, his agent or attorney, or if he or she shall be an infant, his or her guardian or next friend, at any time within the said two years after the passing of this act, to summon the witness or witnesses present at the making such gift to the court of the county where such donor, heir, or other person lives, of which notice shall be given to such donor, heir, or other person, at least ten days before the sitting of such court, there to give testimony of such gift; and if thereupon it shall appear to such court that the gift was made, the said | How verbal gifts may be reduced to writing. |
| court shall order the testimony and notice to be recorded, which shall be as effectual to establish such gift as if a deed in writing was made by the person to whom notice was so given, and recorded as aforesaid. | |
| IV. Provided always, That if any person to whom any such verbal gift hath been made be an infant, feme-covert, or out of the colony at the time of passing this act, such person shall be at liberty to procure a confirmation of such gift by either of the methods herein before mentioned, at any time within two years after such disability shall be removed. | Proviso. |
| V. Provided also, That nothing in this act shall extend, or be construed to extend, so as to alter the property of any slave or slaves, which by the judgment or decree of any court within this colony hath been adjudged to belong to any person or persons, nor so as to affect the title of any slave or slaves concerning which any suit shall be depending in any court at the time of passing this act, but that all such judgments and decrees shall remain, and such suits shall be heard and determined, upon the laws now in force, in like manner as if this act, and the act herein after repealed, had never been made. | Former adjudications not affected. |
| VI. And be it further enacted, by the authority aforesaid, That the secretary and county court clerks, respectively, shall be entitled to a fee of twenty pounds nett tobacco for recording every such deed, for slaves only, and no more. | Fee for recording deeds. |
| VII. And be it further enacted, That one act of assembly made in the thirtieth year of the reign of his present majesty, intituled, An Act for preventing fraudulent gifts of slaves, and all and every other act, as to so much thereof as is contrary to any thing within the purview of this act, shall be, and the same is hereby repealed. | Repealing clause. |
| CHAP. VI. | ||
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| I. IT being evident, from the prodigious diminution of our staple commodity, occasioned by the unseasonableness of the weather in most parts of the colony, that there will not be tobacco made to answer the common demands of the country; and it being certainly expedient at all such times to prevent, as much as possible, the distresses that must inevitably attend such a scarcity: Be it therefore enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall and may be lawful to and for any person or persons, from whom any tobacco is due by judgment, for rent, by bond, or upon any contract, or for public, county, or parish levies; or for any secretary's, clerks, sheriffs, surveyors, or other officers fees, or by any other ways or means whatsoever, to pay and satisfy the same either in tobacco, according to the directions of the act of assembly, intituled, An Act for amending the staple of tobacco, and preventing frauds in his majesty's customs, or in money, at the rate of sixteen shillings and eight pence for every hundred pounds of nett tobacco, and so in proportion for a greater or lesser quantity, at the option of the payer; and the sheriffs and other collectors shall, and they are hereby required to receive the same from any person or persons in discharge of any such levies and officers fees; and the sheriffs or other collectors of the levies and fees aforesaid, shall account with, and pay to the persons entitled to the same, in proportion to their several demands, all tobacco and money which they shall receive in payment of such levies and fees, which shall discharge such sheriffs and collectors from any other demands for such levies and fees, any law to the contrary thereof notwithstanding. | Tobacco debts payable in money.
At what rate. | |
| II. Provided always, That nothing herein contained shall extend, or be construed to extend, to any public, | Proviso. |
| county, or parish levies, or officers fees now due, or hereafter to become due, in any county where by law the inhabitants of such county are now impowered to discharge the same in money. | ||
| III. Provided also, That nothing herein contained shall extend to any contract made for tobacco before the passing of this act, where the money or goods given for such tobacco have been bona fide paid at a greater rate than sixteen shillings and eight pence per hundred, as aforesaid, but that all such contracts shall be discharged in tobacco according to the terms of such contracts, or in money according to the price really given for such tobacco, together with the lawful interest arising on the same to the time of paying the same, at the option of the person or persons from whom the tobacco would have been due, had this act never been passed. | Further proviso. | |
| IV. And be it further enacted, That this act shall continue and be in force for one year, and no longer. | Limitation of act. | |
| CHAP. VII. | ||
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| I. WHEREAS the act of assembly, intituled, An Act for the more effectual preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony, hath been found not to answer the purposes thereby intended, 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 recited act of assembly shall be, and the same is hereby repealed. | Act giving rewards for Indians scalps repealed. |
| CHAP. VIII. | ||
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| I. WHEREAS the act of assembly, made in the nineteenth year of his present majesty's reign, intituled, An Act for the better regulating and collecting certain officers fees, and other purposes therein mentioned, which hath been continued by two other acts, made in the twenty-second and twenty-fifth years of his majesty's reign, will expire on the twelfth day of April next: And it being necessary that the same should be further continued, 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 act of assembly, intituled, An Act for the better regulating and collecting certain officers fees, and other purposes therein mentioned, shall continue and be in force from and after the said twelfth day of April next for and during the term of one year from thence next following, and no longer. | Act for regulating and collecting officers fees, further continued. | |
| CHAP. IX. An Act for appointing a Treasurer. | ||
| I. WHEREAS by one act of assembly, made in the twenty-ninth year of his present majesty's reign, John Robinson, esquire, was appointed treasurer of the revenues arising from the duty upon liquors and slaves, laid and imposed by one act of assembly made in the nineteenth year of the reign of his present majesty, An Act for reducing the laws made for laying a duty upon liquors into one act of assembly; and by one other act, made in the twenty-second year of | Preamble. |
| his said majesty's reign, intituled, An Act for continuing the act, intituled, An Act for reducing the laws made for laying a duty upon liquors into one act of assembly; and also by one act, made in the twenty-fifth year of his said majesty's reign, intituled, An act for continuing a clause of an act of assembly therein mentioned; and also by one other act of the same session, intituled, An Act for reviving the duties upon slaves, to be paid by the buyers, for a term therein mentioned, and of all other monies payable to the treasurer of this colony for public uses by virtue of any other act or acts of assembly: To hold the said office of treasurer so long as he should continue speaker of the house of burgesses, and from the time of his being out of that office until the end of the next session of assembly. | |
| II. And whereas the said first mentioned act will expire at the end of this session of assembly, and it being expedient that a treasurer should be appointed: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, John Robinson, esquire, shall be, and is hereby nominated, constituted, and appointed treasurer of the revenue arising from the duties laid by the before recited acts of assembly, and of all other public monies payable to the treasurer of this colony for public uses, by virtue of any other act or acts of assembly, to hold the said office so long as he shall continue speaker of the house of burgesses, and from the time of his being out of the said office, to the end of the next session of assembly; and the said John Robinson is hereby authorized, impowered, and required to demand, receive, and take of and from the several collectors of the said duties all and every the sum and sums of money arising by force and virtue of the said acts, or any or either of them, and shall apply and utter the same to and for such uses, and upon such warrants as by the said acts for laying the said duties, or by any other act or acts of assembly is or shall be appointed or directed, and shall be accountable for the said money to the general assembly. | John Robinson, esq. appointed treasurer. |
| III. And be it further enacted, by the authority aforesaid, That the salary of five pounds in the hundred, or so much as is or shall be by any special act or acts | Salary. |
| of assembly allowed and limited, and so proportionably for a greater or lesser sum, shall be allowed and paid to the said treasurer hereby appointed, out of all and every the sum and sums of money by him received and accounted for to the general assembly as aforesaid; and that there shall be also allowed to the said treasurer for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred and fifty pounds per annum for his trouble and service therein. | ||
| Provided always, That the said treasurer, before he enters upon his office, shall give such sufficient security as shall be approved of by the governor or commander in chief of this colony, in the sum of ten thousand pounds, for the due answering and paying all the money by him from time to time to be received as aforesaid. | Bond and security. | |
| V. And to the end a treasurer may not be wanting, in case of the death, resignation, or disability of the treasurer hereby appointed: Be it further enacted, That in either of these cases it shall and may be lawful for the governor or commander in chief of this colony, with the advice of the council, for the time being, to appoint some other fit and able person to be treasurer of the duties, to hold the said office with all powers, authorities, salaries, and profits aforesaid, until the end of the next session of assembly; which treasurer, so appointed, shall, before he enters upon his office, give the like security as is herein before directed. | Vacancy, how supplied. | |
| CHAP. X. | ||
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| I. WHEREAS the salaries of the several inspectors of the public warehouses are more than sufficient to compensate them for their trouble and service in inspecting the short crop of tobacco that will be made this present year, and will be a great expence, and unnecessary | Inspectors' salaries, and rents of public warehouses, reduced, for the present year. |
| burthen to the public: 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 October next the salaries directed to be paid to the inspectors at the several public warehouses for the inspection of tobacco shall be, and are hereby discontinued, and in lieu thereof the said inspectors shall retain to their own use three shillings for every hogshead of crop tobacco, and five shillings for every hogshead of transfer tobacco which shall be delivered by them respectively, after the said twentieth day of October next, over and above the six-pence allowed for nails for every hogshead of transfer tobacco; out of which nevertheless they shall pay to the proprietors of the said warehouses eight pence for every hogshead of tobacco that shall be delivered out of such warehouses within the time aforesaid. | Salaries. | |
| II. And be it further enacted, by the authority aforesaid, That the proprietors of all warehouses which have a certain and established rent by law, shall, instead of such rent, receive eight pence for every hogshead of tobacco delivered as aforesaid, and no more. | Rents. | |
| III. Provided nevertheless, That the several inspectors shall account for, and pay to the treasurer all sums of money arising by the said three shillings and five shillings per hogshead, over and above their salaries established by law, and the eight pence per hogshead due to the proprietors of the several warehouses. | Inspectors to account. | |
| IV. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force from and after the said twentieth day of October next until the twentieth day of October one thousand seven hundred and fifty-nine, and no longer. | Limiiation of act. | |
| CHAP. XI. | ||
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| I. WHEREAS several vestrymen of the parish of Hamilton, in the county of Prince-William, have resigned | Vestry of Hamilton |
| their seats in the vestry of the said parish, and others who have been elected in their room have refused to act, and the members of the said vestry 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 the same is hereby dissolved; and that al land every act and acts, thin 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. | parish in Prince William dissolved. |
| II. And be it further enacted, by the authority aforesaid, That the free-holders 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 twentieth day of November next, and then and there elect twelve of the most able and discreet persons of their 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 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 vestrymen of the said parish of Hamilton; 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. XII. | ||
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| I. WHEREAS John Robinson, esquire, is and stands seized of divers lands and tenements, in the parish of Bruton, in the county of James-City, in trust, as to one moiety thereof for the use of Philip Johnson, gentleman, during his natural life, and after his decease, in trust, and to and for the use of such child or children as he now hath or may have by Elizabeth his present wife, daughter of Thomas Bray, gentleman, deceased, to who he shall give or devise the same by deed or will, subject nevertheless dower of the said Elizabeth; and as to the other moiety thereof, in trust, and to and for the use of the said Philip Johnson, his heirs and assigns for ever, in case eh shall pay unto such child or children of him and the said Elizabeth all and every such sum and sums of money as the said Elizabeth, notwithstanding her coverture, shall, by any deed or instrument in writing, duly executed by her, give, direct, and appoint, according to the proviso; and his covenant contained in an indenture of release, bearing date the twenty second day of October, one thousand seven hundred and fifty-one, made between the said Philip Johnson and Elizabeth his wife, of the one part, and the said John Robinson of the other part, which indenture is now remaining on record in the secretary's office, but in case he shall not pay such money, then in trust, and to and for the use of such child or children, as aforesaid, to whom the said Elizabeth, by such deed or instrument in writing, shall give, direct, and appoint the same; and in case the said Elizabeth shall execute no such deed or instrument, then in trust, and to and for the use of the said Philip Johnson, during his natural life, and after his decease, in trust, and to and for the use of such child or children as the said Philip Johnson now hath or hereafter may have by the said Elizabeth, | Certain lands held by John Robinson, esq. in trust, vested in Philip Johnson. |
| to whom he shall give or devise the same by deed or will as aforesaid, and to the heirs and assigns of such child or children, subject nevertheless to the dower of the said Elizabeth. | |
| II. And whereas it hath been represented to this general assembly by the said Philip Johnson, That he hath laid off seventeen acres and twenty-six poles of the said trust land, adjoining the southern bounds of the city of Williamsburg, into thirty lots, which he is desirous may be added to and made part of the said city: And the said Philip Johnson being seized in fee-simple of forty-three acres of land, with the appurtenances, late the estate of one John Baskerfield, lying in the said parish of Bruton, and county of James-City, contiguous to the said trust lands, and of greater value than the said seventeen acres and twenty-six poles so laid off into lots, which he is willing should be settled in lieu thereof: 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 seventeen acres and twenty-six poles of land, adjoining the southern bounds of the said city of Williamsburg, shall be, and the same are hereby vested in the said Philip Johnson, his heirs and assigns; and that the said forty-three acres of land, with the appurtenances, lying in the said parish of Bruton, and county of James-City, late the estate of John Baskerfield, shall be, and the same are hereby vested in the said John Robinson, his heirs and assigns, in trust, and to and for the same uses that he is and now stands seized of the residue of the said trust lands. | And added to the city of Williamsburg. |
| III. And be it further enacted, by the authority aforesaid, That the said seventeen acres and twenty-six poles of land, so laid off by the said Philip Johnson into lots, adjoining the said city of Williamsburg, so soon as the said lots shall respectively be built upon, and saved according to the conditions that shall be contained in the deeds of conveyance thereof, shall be added to and made part of the said city; and the freeholders and inhabitants of the said lots shall then be entitled to, and enjoy all the rights, privileges, and immunities granted to and enjoyed by the freeholders and inhabitants of the said city, and shall b subject to the same jurisdiction, rules, and government with the other inhabitants of the said city. |
| CHAP. XIII. | ||
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| I. WHEREAS by one act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An Act for the better regulating the payment of the Burgesses wages, it is among other things enacted, That when any session of assembly should be thereafter held, and upon examination of the treasurer's account, it should appear that there are monies sufficient in his hands to discharge all the debts, together with the burgesses wages, and the salaries and allowances to the respective officers of the general assembly, saving and reserving in the hands of the said treasurer, over and above the said payment, a balance of one thousand five hundred pounds at the least, then every burgess, elected and serving for a county or corporation within this dominion, should be paid out of the public money, the sum of ten shillings for each day he should serve in the house of burgesses, with such further allowances, and under such restrictions and regulations as in the said act is at large directed. | Burgesses wages payable in money. | |
| II. And whereas upon examination of the treasurer's accounts it appears that there is not monies sufficient in his hands to pay the burgesses wages for the last and present session of assembly, leaving in the hands of the treasurer a balance of one thousand five hundred pounds according to the directions of the said act: Nevertheless, as the payment of the said wages in money, in this time of great scarcity, will be a great ease to the poorer sort of people, by lessening the levy by the poll, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the burgesses wages for the last and the present session of assembly shall be paid by the treasurer, out of the public money in his hands, according to the directions and regulations in the said recited act mentioned, any thing in the said act to the contrary thereof in any ways notwithstanding. | ||
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| ANNO REGNI GEORGII II, Regis Magnæ, Brittanniæ, Frenciæ, et Hiberniæ, tricesimo secundo.
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| CHAP. I. | |||
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| I. WHEREAS by an act passed at the last session of assembly, intituled, An Act for the defence of the | Act for the defence of frontiers amended. | ||
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| * This was September, in the printed act; but it was a mistake, and corrected in the margin, by inserting November. The preceding session was in September. |
| frontiers of this colony, and for other purposes therein mentioned, it is among other things enacted, That a sum, not exceeding fifteen thousand pounds, shall be paid and accounted for, in the manner as in the said act is directed, for the subsistance and pay of the first regiment, part of the said forces, from the first day of December to the first day of May following: With a proviso, That the said regiment, during that time, shall be stationed in small parties or detachments upon the frontiers of this colony, and be employed in ranging thereon, for the better protection thereof; and if the said regiment shall be detained or prevented by any authority whatsoever from returning to this colony after the said first day of December, or shall not after their return be employed in the service aforesaid, their pay and subsistance hereby given shall cease, and the said regiment shall not be deemed or taken to be in the service or pay of this colony, any thing in the said act to the contrary notwithstanding. With a further proviso, That during the time aforesaid the chaplain, adjutant, quarter master, and fort-major, shall not be continued in the said regiment; that there shall be but one colonel to the said regiment, and that no allowance shall be made to the said colonel for the expence of his table. | |
| II. And whereas the said regiment, and the other forces in the pay of this colony, in conjunction with his majesty's regular forces, are now on their march to attack the enemy at Fort Du Quesne, and the withdrawing the said regiment at such a juncture may not only be of the most dangerous consequence to the said colony, but also occasion the defeat and total loss of the regular forces now on that expedition: 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 governor or commander in chief of this colony shall have full power and authority to continue both the regiments now in the pay of this colony under the present establishment and regulation, and employ them in such manner and on such service as he shall judge most conducive to his majesty's interest and the safety of this colony, till the first day of January next, any thing in the said recited act to the contrary or seeming to the contrary, notwithstanding. | Fort Du Quesne, about to be attacked.
Governor may continue forces longer in service. |
| Pages 215-231
| Pages 255-283
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