Pages 255-283 
|  Pages 311-330
|
| Pages 255-283
| Pages 311-330
|
| CHAP. XIII. | ||
| ||
| I. WHEREAS the several laws heretofore made for granting licenses to pedlars, and preventing frauds in the duties upon skins and furs, have been | Preamble. |
| found insufficient to answer the purposes thereby intended, and it hath been represented to this general assembly, that great frauds and abuses are still committed and carried on by people under the name of pedlars, particularly in the exportation of skins and furs, without paying any duty; and that by means of the frequent alterations and amendments of the said laws, they are rendered difficult to be understood, whereby the more ignorant sort of people may be liable to severe penalties for want of a sufficient knowledge of them, and it being therefore thought expedient that the said laws should be reduced into one act, with some amendments, 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 tenth day of October next, no pedlar, or other person, whether he be an inhabitant of this colony or not, shall go from place to place, or to other mens houses, and sell or expose to sale, or barter, any goods or merchandize whatsoever, without license first obtained under the hand and seal of a collector of the duties upon skins and furs exported by land, residing near the frontiers, appointed in the manner herein after directed; and if any pedlar shall refuse to produce such license, when required by any person, to or before whom he shall sell or expose to sale, or barter, any goods or merchandize, the same may be seized by the person or persons requiring such license to be produced, and upon due proof thereof made before a justice of peace, the goods so seized shall be forfeited, and delivered to the seizer, for his own use. | Pedlars to obtain licenses from collectors of duties upon skins and furs. |
| II. And be it further enacted, by the authority aforesaid, That the governor, or commander in chief of this colony for the time being, with the advice of the council, shall and may appoint one or more collector or collectors of the duties upon skins and furs exported by land, who shall reside near the frontiers of this colony; which collectors shall have, and be allowed, a salary of ten in the hundred for receiving the said duties, and shall account for the same in such manner as other collectors of the said duties are obliged to account: And such collector shall be, and is hereby authorized and impowered, from time to time, to grant or refuse at his discretion to any person or persons applying for the same, license or licenses to trade during | Collectors, how appointed. Salary and duty. |
| the term of one year from thence next following, and no longer; the party obtaining such license first entering into bond, with good and sufficient security, to our sovereign lord the king, his heirs and successors, in the penalty of twenty pounds, with condition that he will not export, or cause to be exported, with his privity or knowledge, any skins or furs, either by land or water, without first paying the duties imposed on such skins and furs, by one act of assembly made in the twenty-second year of the reign of his present majesty, intituled, An act for the better support of the college of William and Mary, and shall also make oath and swear to the same effect, and pay down the sum of twenty shillings, for the use of the governor or commander in chief of this colony for the time being; the sum of three pounds, for the use of the college of William and Mary; and the further sum of twenty shillings to such collector granting such license, for writing the same and the bond aforesaid, which bond shall be by him safely kept: And if any such collector shall presume to grant such license, without having first taken such bond, and received the fees appointed by this act, he shall forfeit and pay for every such offence the sum of twenty pounds, one moiety thereof to and for the use and better support of the said college of William and Mary, and the other moiety to him or them that will inform or sue for the same; to be recovered with costs, by action of debt or information, in any court of record within this colony. | Bond and security. Tax on pedlars. To the governor. To the college of Wm. and Mary. To the collector. |
| III. And for encouraging prosecutions for the breach of any such bond, Be it further enacted, That one moiety of the penalty shall be to the use of his majesty, his heirs and successors, for the better support of the said college of William and Mary, and the other moiety to any person or persons that will make information of any such breach; to be recovered in the name of his majesty, his heirs and successors, by action of debt, in any court of record within this colony: And the clerk of every county court shall, in the months of April and October yearly, transmit to the secretary's office a list of all recoveries or judgments had or given on seizures, or for breach of such bonds if any such shall happen to be. | Fines, how recovered and appropriated. |
| IV. And be it further enacted, by the authority aforesaid, That every collector of the duties upon skins and furs now appointed, or hereafter legally to be appointed, | How collectors may export their own skins and furs. |
| who shall at any time himself export skins or furs liable to a duty by land or water, shall first make oath before a justice of peace to the true number and kind of skins and furs, and the weight of beaver by him intended to be exported, and to what port or place, and obtain a certificate of such oath by him made, and shall return such certificate and account for the duties in the same manner, and at the same time or times as he shall account for duties by him collected from other persons, under penalty of forfeiting double the value of the skins or furs exported without such oath made and duty accounted for and paid, to be recovered in the same manner, and applied to the same uses as recoveries upon breach of bond are by this act directed to be. And every collector of the said duties shall, at the time of accounting for the same with the person or persons by his commission directed, return true lists of all licenses by him granted, and bonds thereupon taken from time to time. | |
| V. And be it further enacted, That if any pedlar or other person, as aforesaid, shall, after the said tenth day of October, be found travelling or trading without such license, as aforesaid, such person shall forfeit and pay for every several dealing or trading the sum of twenty shillings, to the use of the informer, to be recovered with costs, before any justice of the peace of this colony. And in case such person after conviction shall refuse or delay to make present payment of the said penalty and costs, either in money, or goods to the value, in the judgment of the justice before whom the conviction shall be, it shall and may be lawful for such justice to order the person so convicted twenty lashes on his bare back well laid on, and he shall be from thenceforth discharged from the payment of the said penalty for that time. And in case any such pedlar or other person, as aforesaid, shall be found travelling towards any other of his majesty's colonies with any skins or furs, beyond the place where the collector or collectors aforesaid usually reside, and upon demand made by any inhabitant of this colony shall refuse to produce and shew a certificate that the duties of the said skins and furs have been paid, such skins and furs shall and may be seized by any person or persons, and the person or persons seizing the same shall immediately carry them to the next justice of the peace who is hereby impowered and required | Penalties on pedlars, trading without leave. |
| to receive the same; and in case the owner or proprietor of the said skins and furs shall not, within two months after such seizure, make sufficient proof before such justice, or before the court of the county where such seizure shall be made, that he has paid the duty for such skins and furs, the same are hereby declared to be forfeited, and shall and may be sold by order of the said county court to the highest bidder; and one half of the money arising by such sale, after charged deducted, shall be to the use of his majesty, his heirs and successors, for and towards the better support of the said college of William and Mary, and the other half to the person who shall seize the same; and in case the owner or proprietor of such skins and furs, as aforesaid, shall, within the time aforesaid, make due proof before the said justice or court, that the duties for the same have been duly paid, the said justice shall, and is hereby required to deliver back the said skins and furs to the said owner or proprietor, upon his paying down the sum of ten shillings to the person who shall seize the same as aforesaid. | |
| VI. And be it further enacted, That if any such pedlar or other person, trading as aforesaid, shall presume to resist or offer any violence to any other person or persons who shall be employed in the execution of the powers and authorities given to them by this act, such pedlar or other person, so offending, shall forfeit and pay the sum of fifty pounds; one half whereof shall be to the to the use of his majesty, his heirs and successors, for and towards the better support of the said college of William and Mary, and the other half to the informer, and shall and may be recovered by action of debt or information in any court of record within this colony. And moreover it shall and may be lawful to and for the sheriff of the county where such offence shall be committed, or where the offender may be found, and such sheriff is hereby impowered and required, upon information of such offence, and application to him made, to summon such and so many of his county as he shall think sufficient to be aiding and assisting to him in the apprehending such offender, and him having found and apprehended to carry, together with the skins and furs that shall be found in his possession, before the next justice of the peace of his county, who is hereby impowered and required, by warrant under his hand and seal, to commit such offender | Penalty for resisting the execution of this act. |
| to the goal of his county, there to remain until he shall pay or give security for the payment of the said sum of fifty pounds, in case he shall be convicted of the said offence; and the said justice shall also keep the said skins and furs in his possession until they shall be disposed of in the case of a seizure for non-payment of duties. | |
| VII. Provided nevertheless, That nothing in this act contained shall extend or be construed to extend to any inhabitant of this colony trading only in beef and pork, or carrying any goods or commodities of the growth or manufacture of this colony to any place or places for selling the same, but that every such inhabitant may carry or sell such goods and commodities in the same manner as if this act had never been made. | Exceptions. |
| VIII. And be it further enacted, That all and every other act or acts of assembly heretofore made for or concerning any thing within the purview of this act shall, from and after the said tenth day of October next, be, and they are hereby repealed and made void to all intents and purposes whatsoever. | Repealing clause. |
 CHAP. XIV. An Act for encouraging Arts and Manufactures. | |
| I. WHEREAS the improving of arts and manufactures are of infinite service to every people, and may be of singular advantage to this colony in its present distressed situation, by encouraging many families to remove and settle here: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, & it is hereby enacted, by the authority of the same, That the honorable John Blair, William Nelson, Thomas Nelson, Philip Grymes, Peter Randolph, and John Tayloe, esquires; John Robinson, Charles Carter, Peyton Randolph, Richard Bland, Landon Carter, William Randolph, Benjamin Harrison, William Digges, Dudley Digges, Lewis Burwell, | Preamble. |
| George Wythe, Thomas Whiting, and Edmund Pendleton, esquires, or any seven of them, shall be, and they are hereby nominated, constituted, and appointed trustees for the appropriation of the money hereafter mentioned to be disposed of in bounties or premiums for the more speedy and effective bringing to perfection any art or manufacture of service to the public. | |
| II. And be it further enacted, by the authority aforesaid, That the said trustees, or any seven of them, shall and may, and they are hereby authorized and impowered to appoint a select number of themselves, not exceeding seven, to be a committee of correspondence to write to and correspond with all such persons as they shall judge may give them any useful insight or intelligence in any art or manufacture. And that the said trustees shall keep a register or journal of their proceedings, and may appoint a clerk for that purpose, and allow him such salary as they shall think adequate to his trouble, to be paid out of the fund herein after mentioned, and shall lay such register or journal before the General Assembly whenever thereto required. | Duty of trustees. |
| III. And to the end that all persons may be acquainted what particular arts or manufactures are thought proper to be encouraged, shall, and they are hereby directed and required to give public notice in the Gazette as often as shall be necessary what bounties or premiums they intend to give, and upon what account; and shall also in the same manner publish the particular times and places for making experiments and adjudging the said bounties or premiums to the persons entitled thereto. | Notice of premiums. |
| IV. Provided always, That the bounty or premium given for any one discovery or improvement shall not exceed the sum of twenty pounds. And that in case any trustee appointed by this act, or hereafter to be chosen, shall be adjudged to be entitled to such bounty or premium, the same shall not be paid, but remain in the common fund for the better encouragement of others. | Maximum of premium. |
| V. And to the end that this act may be as useful as possible, the said trustees shall, and they are hereby directed and required to give, from time to time, public notice in the Gazette of any useful discovery they may make or receive from their correspondents. | Useful discoveries how notified. |
| VI. And be it further enacted, by the authority aforesaid, That the treasurer of this colony and dominion, for the time being, appointed by or pursuant to an act of Assembly, shall and may, and he is hereby impowered and required, out of the public money that shall be in his hands, to pay all such bounties and premiums as the said trustees shall award, and he shall be required and authorised to do by warrant from the governor or commander in chief for the time being, to who the said trustees are hereby impowered and required to apply for the issuing of such warrants. | Premiums, how paid. |
| VII. Provided always, and be it further enacted, by the authority aforesaid, That the whole sum so to be issued shall not exceed the sum of one thousand pounds. | Limitation. |
| VIII. And be it further enacted, by the authority aforesaid, That the said trustees may receive, and they are hereby impowered to receive subscriptions from all such persons as shall be willing to encourage the design and intention of this act, and to dispose of the money they receive thereby in manner before-mentioned: And they are hereby required to keep a regular account of what shall be paid to them for such subscriptions, and to lay the same before the General Assembly whenever thereto required. | Subscriptions, how received. |
| IX. And be it further enacted, by the authority aforesaid, That in case of the death or resignation of any of the said trustees, the survivors of them shall and may, and they are hereby required to elect and chuse another able and discreet person to act in the room of such trustee so dying or resigning. | Vacancies of trustees, how supplied. |
| CHAP. XV. 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 six pounds 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 | Taxes of 1759. |
| levy from the fourteenth day of April, one thousand seven hundred and fifty-seven, to the twenty second day of February, one thousand seven hundred and fifty-nine; 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. | |
| III. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the court of his county to be held in the months of September or October next, give bond and security for the due collection and payment of the public levy now laid and assessed. | Sheriffs to give bond. |
| IV. And whereas there are several balanced due to the public from the following counties, to wit, the county of Albemarle, eleven thousand one hundred and ninety-eight; the county of Amelia, sixteen thousand and fifty-two; the county of Charles-City, nine thousand seven hundred and forty-eight; the county of Dinwiddie, five thousand five hundred and forty-three; the county of Gloucester, thirteen thousand seven hundred and fifty; the county of Middlesex, eight thousand seven hundred and thirty-five; the county of New-Kent, seven thousand two hundred and eighty-three; the county of Prince-George, four thousand seven hundred and sixty two; the county of Southampton, twelve thousand two hundred and forty-six; and the county of Sussex, five thousand six hundred and eighty pounds of tobacco, as appears by the book of proportions; Be it further enacted, by the authority aforesaid, That the sheriff of each of the said counties of Albemarle, Amelia, Charles-City, Dinwiddie, Gloucester, Middlesex, New-Kent, Prince-George, Southampton, and Sussex, shall pay the respective sums of tobacco levied in his county as a depositum for the use | Arrears of certain counties to be paid to the Burgesses. |
| of the public, to the Burgesses for the counties in which the said depositums are levied respectively, on or before the tenth day of June, one thousand seven hundred and sixty, to be by them sold and accounted for to the treasurer of this colony, for the time being, for the use of the public. | ||
| CHAP. XVI. | ||
| ||
| I. WHEREAS the inhabitants of the county of Loudoun make but little tobacco, and many of them none, by means whereof they are subject to great impositions in discharging their public dues and officers fees, for remedy 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 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 county, to discharge the same in money, at twelve shillings and six pence per hundred. | Public dues in Loudoun, payable in money. | |
| II. And be it further enacted, by the authority aforesaid, That all tobacco due to witnesses for their attendance, in any county where the levies and officers fees are by law payable in money, shall and may be discharged at the same price as the levies and officers fees in any such county may be discharged at, any law, usage or custom to the contrary notwithstanding. | Witnesses attendance how paid. | |
| III. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force from and immediately after the first day of December next ensuing. |
| CHAP. XVII. | ||
| ||
| I. WHEREAS William Banks, the elder, formerly of the parish of Saint Stephen in the county of King and Queen, deceased, was in his lifetime, and at the time of his death, seized in fee-simple of and in one certain tract or parcel of land which he then called his Home-Dividend of land, but now commonly called Mantapike, containing by estimation twelve hundred acres, lying and being in the said parish and county: And being so seized, did make his last will and testament, in writing, bearing date the tenth day of November, one thousand seven hundred & nine, & did thereby devise the said land in the manner following: "Item, I give and bequeath to my son Ralph Banks, conditionally, that he no ways aliene or transfer my land hereafter mentioned to any other use than to the use or uses that shall be by me herein declared, all and every part of my Home-Dividend of land whereon I now live, situate, lying and being in the parish and county aforesaid, even to him my said son Ralph, and to the heirs of his body, lawfully begotten, for ever; meaning his children present or hereafter, to whom the right and inheritance of, in and to the said land shall descend and go, in case they or any of them survive him, but in case he survive all of them, that then my said son Ralph Banks be at his own liberty to will and devise the premisses as he shall think fit." And soon after making the said will the said testator William Banks, died; after whose death the said Ralph Banks, his son and devisee, entered into the said twelve hundred acres of land, called Mantapike, and died thereof seized, leaving issue William Banks, his eldest son and heir at law, who entered into the same and became seized thereof in fee-tail. | Intail of certain lands whereof Tunstall Banks is seized, docked. | |
| II. And whereas by one act of Assembly, made in the fifteenth year of the reign of your majesty, intituled, An act to invest certain entailed lands, part of a |
| greater tract, therein mentioned, in George Braxton, the younger, in fee-simple, and for settling other lands of greater value to the same uses, four hundred and twenty acres of land, part of the said twelve hundred acres, were vested in the said George Braxton, the younger, his heirs and assigns: And one water grist-mill, and three hundred and ninety-four acres of land, with the appurtenances, lying and being in the parish of Saint-John, in the county of King-William, were vested in the said William Banks, and the heirs of his body, lawfully begotten, in lieu thereof. | |
| III. And whereas by one other act of Assembly, made in the eighteenth year of your majesty's reign, intituled, An act for vesting three hundred and ninety-four acres of land, with the appurtenances, in the county of King-William, whereof William Banks is seized in fee-tail, in John Norton, gentleman, in fee-simple, and for settling several slaves therein mentioned in lieu thereof to the same uses, the said water grist-mill, and three hundred and ninety four acres of land, with the appurtenances, were vested in the said John Norton, his heirs and assigns, and several slaves, to wit, Tom, Primus, London, Banno, Bacchus, Betty, Parthenia, Violet, Judy, Myrtilla, Windsor, and George, and their future encrease, were annexed to the residue of the said twelve hundred acres of land, to descend, pass and go therewith. | |
| IV. And whereas the said William Banks, last mentioned died seized of the residue of the said twelve hundred acres of land, with the slaves thereto annexed, some time in the year one thousand seven hundred and forty-eight, leaving issue Tunstal Banks, his eldest son and heir at law, who entered into the same and is now seized thereof in fee-tail. | |
| V. And whereas the said Tunstal Banks is seized in fee-simple of and in one thousand acres of land, lying and being in the parish of Saint-David, in the county of King-William, lately purchased by him from Beverly Stanard, gentleman; and it will be greatly to the advantage of the said Tunstal Banks and his posterity to dock the intail of the residue of the said twelve hundred acres of land called Mantapike, and to settle the said one thousand acres of land, in the parish of Saint-David, in the county of King-William, so purchased by the said Tunstal Banks from the said Beverly Stanard, and the slaves aforesaid, with some |
| others now to be added to them, being of grater value, to the same uses. | |
| VI. And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Saint-Stephen, that application would be made to this General Assembly to dock the intail of the residue of the said twelve hundred acres of land called Mantapike, and to settle other lands of greater value to the same uses, pursuant to your majesty's instructions: | |
| VII. May it therefore please your most excellent majesty, at the humble suit of the said Tunstal Banks, that it may be enacted; and Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the residue of the said twelve hundred acres of land called Mantapike, with the appurtenances, lying and being in the parish of Saint-Stephen, in the county of King and Queen, so as aforesaid devised by the last will and testament of the said William Banks, the elder, to the said Ralph Banks his son, and whereof the said Tunstal Banks is now seized in fee-tail, be, and the same is hereby vested in the said Tunstal Banks, his heirs and assigns, to the only proper use and behoof of the said Tunstal Banks and of his heirs and assigns, for ever; and that the said one thousand acres of land, with the appurtenances, lying and being in the parish of Saint-David, in the county of King-William, purchased by the said Tunstal Banks from the said Beverly Stanard, gentleman, together with the slaves before mentioned, or such of them as are now alive, with their present and future increase; and also the following five slaves, namely, George, Sancho, Cæsar, Daphne, and M'Ander, and their future increase, shall be, and the same are hereby vested in the said Tunstal Banks, and the heirs of his body, lawfully begotten, and in default of such heirs the same shall remain and descend to such person and persons as the residue of the said twelve hundred acres of land, called Mantapike, would have remained and descended by virtue of the before recited last will and testament of the said William Banks if this act had never been made. | |
| VIII. And be it further enacted, by the authority aforesaid, That the estate tail, in the said lands in the county of King-William, hereby settled in lieu of the lands |
| in the county of King and Queen, shall not at any time hereafter be docked or defeated by writ in the nature of an ad quod damnum, or otherwise, except by act of the general assembly of this dominion. | ||
| IX. 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, others than persons claiming under the said last will and testament of the said William Banks, the elder, all such right, title, interest, and estate, claim and demand as they, every, or any of them, could or claim if this act had never been made. | ||
| X. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XVIII. | ||
| ||
| I. WHEREAS Unity Dandridge, late of the county of King-William, widow, now deceased, was in her life time, and at the time of her death, seized in fee-simple of and in several lands and tenements; and by her last will and testament, in writing, bearing date the ninth day of July, one thousand seven hundred and fifty-three, did, among other things, give and devise unto her daughter Elizabeth Claiborne, the wife of Philip Whitehead Claiborne, of the said county of King-William, gentleman, during her natural life, her lands and plantations on mill creek, in Hanover county, containing about eight hundred acres; and also a tract of land purchased by her of colonel Francis West, lying in King-William county, containing about four hundred acres: And at the decease of the said Elizabeth, the said testatrix devised that her | Certain lands in Hanover vested in Philip Whitehead Claiborne. |
| said daughter Elizabeth Claiborne might dispose of the said lands to her children as she should think proper, and to her [their] heirs for ever. | |
| II. And whereas the said Philip Whitehead Claiborne is seized in fee-simple of and in six hundred and five acres of land, lying contiguous and adjoining to the said four hundred acres in the county of King-William, so as aforesaid devised to his wife, with many valuable improvements thereon, and it will be greatly to the advantage of the children of the said Philip Whitehead Claiborne, and the said Elizabeth his wife, to vest the said two tracts of land in the county of Hanover, so as aforesaid devised by the said Unity Dandridge to her daughter Elizabeth Claiborne, in the said Philip Whitehead Claiborne in fee-simple, and to settle the said six hundred and five acres in the county of King William, to be disposed of by the said Elizabeth, the wife of the said Philip Whitehead Claiborne, according to the will of the said testatrix: Be it therefore (at the suit of the said Philip Whitehead Claiborne and Elizabeth his wife) enacted, and it is hereby enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said lands and plantations on mill-creek, and the said four hundred acres of land in Blackwell's neck, in the said county of Hanover, devised as aforesaid by the said Unity Dandridge to her said daughter Elizabeth Claiborne, shall be, and the same are hereby vested in the said Philip Whitehead Claiborne, his heirs and assigns, to his and their own proper use and behoof, for ever: And that the said six hundred and five acres of land, with the improvements thereon, lying and being in the county of King-William, whereof the said Philip Whitehead Claiborne is now seized in fee simple, shall be, and the same are hereby made liable and subject to the disposal of the said Elizabeth, the wife of the said Philip Whitehead Claiborne, in the same manner as the said lands in the county of Hanover were by the said testatrix Unity Dandridge devised to be disposed of. |
| CHAP. XIX. | ||
| ||
| I. WHEREAS the Indians on Pamunkey river, in the county of King-William, are seized of a very valuable tract of land whereon they live, much more than they can tend in corn and other things; and are also seized of a small quantity of land, separate from the said tract, which is of no other use to them than to furnish them with timber to build their houses, and is greatly wasted and cut down by the adjacent inhabitants; and the said Indians have petitioned this general assembly that the said separate lands may be vested in trustees, to be leased out at reasonable rents, to be applied to their use: 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 the lands belonging to the said Pamunkey Indians, lying in the county of King-William, separate from the tract of land whereon they now live, shall be, and the same are hereby vested in Bernard Moore, Peter Robinson, and Harry Gaines, gentlemen, who are hereby nominated and appointed trustees for managing and taking care of the same for the benefit of the said Indians; and the said trustees, or any two of them, shall and may, and they are hereby impowered and required to lease out the same in such manner, to such person or persons, and for such rent or rents as they shall, from time to time, judge reasonable, and shall apply such rents to and for the use and benefit of the said Indians, in such manner as they shall from time to time find most expedient. | Certain lands of Pamunkey Indians vested in trustees, to be leased out. | |
| II. And be it further enacted, by the authority aforesaid, That in case of the death, removal, or resignation of any of the said trustees, the remaining trustees shall and may, and they are hereby impowered and required to elect one or more person or persons in the room of those so dying, removing, or resigning, who shall have the same power to act in the execution of this trust as if particularly mentioned in this act. | ||
 | ||
| The "f" in "of this trust" at the bottom of the page, was missing in this copy of the book. |
| III. Provided always, That the said trustees shall, and they are hereby required to insert in all leases by them to be made of the said lands a clause or clauses to prevent cutting down the timber thereon growing, in order to preserve the same for the use of the said Indians. | |
| IV. And be it further enacted, by the authority aforesaid, That the said trustees shall and may, and they are hereby authorized and impowered to commence and prosecute any action or actions against any person or persons trespassing on or doing damage to the said lands, that they could or might commence or prosecute if they were seized in fee simple. | |
| V. Provided always, and be it further enacted, by the authority aforesaid, That the damages recovered in any such action or actions shall be applied to the use of the said Indians. | |
| VI. Provided also, That no lease shall be made of the said lands to any of the said trustees or their successors, or to any other person or persons to their use or benefit, nor any lease made for a longer term than twenty-one years or three lives. | |
| CHAP. XX. An Act for appointing several new Ferries. | |
| I. WHEREAS it is represented to this present General Assembly that public ferries at the places hereafter mentioned will be of great advantage to travellers and others, 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 public ferries be constantly kept at the following places, and the rates for passing the same shall be as follow: that is to say, from Margaret Boyd's, in the county of Halifax, over Dan river, to the said Boyd's land in the said county of Halifax, the price for a man three pence, and for an horse the same: From the land of William Tyler, in the county of Westmoreland, over Potowmack river, to Cedar Point, | New Ferries established. |
| in Maryland, the price for a man one shilling and six pence, and for an horse the same: From the land of Nathaniel Perry, in the county of Halifax, over Dan river, to Fuqua's land, in the said county of Halifax, the price for a man three pence, and for an horse the same: From the land of Francis Wagstaff, in the county of Lunenburg, over Roanoke river, to the land of Richard Palmer in the same county, the price for a man three pence, and for an horse the same: From the land of John Bramham, junior, in the county of Orange, over the river Rappidan, to Harbin Moore's landing, in the county of Culpeper, the price for a man three pence, and for an horse the same: From the land of Richard Blanks, in the county of Lunenburg, over the Staunton river, at a place called Bruas's ford, to the land on the opposite side, in the county of Halifax, the price for a man three pence, and for an horse the same. And for the transportation of wheel-carriages, tobacco, cattle, and other beasts at any of the places aforesaid, the ferry-keeper may demand and take the following rates, that is to say, for every coach, chariot, or waggon, and the driver thereof, the same as for six horses: For every cart or four wheel chaise, and the driver thereof, the same as for four horses: For every two wheel chaise or chair, as for two horses: For every hogshead of tobacco, as for one horse: For every head of 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, according to the prices herein before settled at such ferries respectively, and no more. And if any ferry keeper shall presume to demand and receive from any person or persons whatsoever any greater rate than is hereby allowed for the carriage or ferriage of any thing whatsoever, he or they, for every such offence, shall forfeit and pay to the party grieved the ferriage demanded and received, and ten shillings, to be recovered with costs, before any justice of the peace of the county where such offence shall be committed. And where a ferry is by this act appointed on one side of a river and none on the other side answerable thereto, it shall be lawful for the respective county courts to appoint an opposite ferry, and to allow the respective rates herein before directed; and such courts shall and may, and are hereby required to order and direct what boat or boats, and what number of hands |
| shall be kept at each ferry respectively; and every such ferry-keeper shall enter into bond in the manner directed by one act of Assembly, made in the twenty second year of his present majesty's reign, intituled, An act for the settlement and regulation of ferries, and for dispatch of public expresses, and shall be subject and liable to the penalties thereby inflicted for any neglect or omission of their duty. | |
| CHAP. XXI. An Act for dissolving several vestries, and for other purposes therein mentioned. | |
| I. WHEREAS it hath been represented to this present General Assembly, that the vestries of the parish of Antrim, in the county of Halifax; of the parish of Cameron, in the county of Loudoun; of the parish of Bath, in the county of Dinwiddie; and of the parish of Saint-Patrick, in the county of Prince-Edward, have been guilty of arbitrary and illegal practices, to the great oppression of the inhabitants of the said parishes; and the vestry of the parish of Saint Anne, in the county of Albemarle, was not legally elected; and that of he parish of Christ-Church, in the county of Lancaster, consists of twenty-four members; and the inhabitants of the said parishes have respectively petitioned this Assembly that the said vestries 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 vestries of the said parishes of Antrim, Cameron, Bath, Saint Anne, Christ-Church, and Saint-Patrick, shall be, and the same are hereby respectively dissolved; and that all and every act and acts, thing and things, which at any time hereafter shall or may be performed by either of the said vestries, as a vestry, shall be, and are hereby decreed to be utterly void to all intents and purposes whatsoever. | Vestries of Antrim in Halifax, of Cameron in Loudoun, of Bath, in Dinwiddie, of Saint Patrick in Prince Edward, of St. Anne in Albemarle, & of Christ Church in Lancaster. dissolved. |
| II. And be it further enacted, by the authority aforesaid, That the freeholders and house-keepers of the |
| said parishes of Antrim, Cameron, Bath, Saint-Anne, Christ-Church, and Saint-Patrick, respectively, 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 counties respectively, before the first day of August next, and then and there elect twelve of the most able & discreet persons of the said parishes, respectively, to be vestrymen of the same; which said persons, so elected, having,, in the courts of the said respective counties, 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 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 parishes for which they shall be respectively chosen. | |
| III. And whereas many vestrymen in this colony have, since the time of their election, dissented from the communion of the church of England, and joined themselves to a dissenting congregation, yet still continue to act as vestrymen: Be it enacted, by the authority aforesaid, That all vestrymen in this colony who now have or hereafter shall become members of any dissenting congregation, the vestry whereof they are or shall become members shall make information thereof to the court of the county in which such member shall reside, who are hereby required and impowered to summon the person or persons so complained of to appear at the next court to be held for such county; and if the party so summoned shall refuse to appear, or if he or they shall refuse to acknowledge in court that he is not a dissenter from the church of England, as by law established, in either case the other members of the vestry, whereof the person or persons so refusing shall be a member, shall and may elect, and they are hereby impowered and required to elect one other person to act as a vestryman in the room of every such dissenter, and every such dissenter shall no longer be or act as a vestryman in such parish. | Vestrymen joining congregations dissenting from the church of England, how disqualified. |
| IV. Provided nevertheless, If such dissenter shall at any time after join himself to the communion of the church of England, he may be re-elected into the vestry of the parish whereof he is a member on any future vacancy, and may act as vestryman on taking the oaths, and subscribing to the test, and to be conformable to the doctrine and discipline of the church of England in manner before by this act directed. | Proviso. | |
| V. Provided also, That if the number of vestrymen, who are not dissenters, in any parish, shall be less than seven, in that case such vestrymen shall not have power to make information thereof to the court, or to elect others in the room of such dissenters, but such vestry shall continue as at present until the matter shall be represented to the General Assembly. | Further proviso. | |
| VI. And whereas doubts have arisen what number of vestrymen are necessary to constitute a vestry, for explaining whereof, Be it further enacted, by the authority aforesaid, That no vestry shall hereafter proceed to do any business as a vestry unless at least seven of their members be present, but if seven or more be present, and the major part of them shall concur in any act or order, the same shall be valid and binding, although the number so concurring be less than seven. | Number necessary to constitute a vestry. | |
| VII. And be it further enacted, That no minister or vestryman shall at any time hereafter act as clerk of the vestry whereof he is a member. | ||
| CHAP. XXII. | ||
| ||
| I. WHEREAS the vestry of the parish of Suffolk in the county of Nansemond, have been guilty of several unwarrantable practices in the misapplication of divers charitable donations given for the use of the | Vestry of Suffolk in Nansemond dissolved. |
| poor of that part of the said parish known by the name of the Lower parish, and the inhabitants of that part of the said parish 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 vestry of the parish of Suffolk, in the said county of Nansemond, be, and the same is hereby dissolved; and that all and every act and acts, thing and things, which at any time 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. | |
| II. And be it further enacted, by the authority aforesaid, That the freeholders and house-keepers of the said parish of Suffolk shall meet at some convenient time and place, to be appointed and publickly advertised by the sheriff of the said county, at least one month before the first 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, having, in the court of the said county of Nansemond, 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 vestrymen of the said parish. | |
| III. And whereas Richard Bennett, esquire, late of the said county of Nansemond, deceased, by his last will and testament, devised unto the churchwardens of the lower parish of Nansemond county a certain plantation and parcel of land, lying and being in the said county, the rents of which he directed to be disposed of by the churchwardens of the said parish towards the relief of four poor, aged, or impotent persons | Donations of land by Richard Bennet and Thomas Tilly, to lower parish of Nansemond, how appropriated. |
| whom they should judge to stand in most need of help. And whereas Thomas Tilly, late of the same county, deceased, gave some land, lying in the said lower parish, for the use of the poor of the said parish. And whereas Richard Bennett, esquire, late of the province of Maryland, deceased, by his last will and testament, directed there should be paid annually to the churchwardens of the lower parish of Nansemond, thirty pounds Virginia currency, to be applied by them in the most beneficial manner for the clothing of such and so many poor people, men or women, as the vestry and churchwardens of the said parish shall judge to be most needy and necessitous: To the end that the said charitable donations may for the future be disposed of according to the wills of the said testators, Be it further enacted, by the authority aforesaid, That the churchwardens of the said parish of Suffolk shall apply, and they are hereby required to apply all the said charities to and for the relief of such poor persons that shall be actually residing in and belonging to that part of the said parish formerly called the lower parish of Nansemond county, agreeable to the wills of the said testators, and not such as have or may be sent there from any other part of the said parish of Suffolk, and to and for no other use or purpose whatsoever. | |
| CHAP. XXIII. An Act for establishing several towns therein mentioned. | |
| I. WHEREAS the erecting towns on the frontiers of this colony may be of great benefit to the inhabitants, by encouraging many of them to settle together, which will enable them the better to defend their lives and properties on any sudden incursion of the enemy. | Preamble. |
| II. And whereas it hath been represented to this present general assembly, that James Roberts, the younger, of the county of Halifax, hath laid off one hundred acres of land, adjoining the court-house of | Towns of Peytonsburg in Halifax & of Dalstonburg in |
| that county, into streets, and lots of half an acre each, and that several persons are now settled there, and many more would soon settle if the same was by law erected into a town. And that one hundred acres of land, belonging to Clement Read and John Pleasant, in the county of Lunenburg, where the public magazine was lately erected, are laid off into lots and streets for a town, and that many persons have subscribed for such lots: 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 land so laid out by the said James Roberts, the younger, in the county of Halifax, and the land so laid off in the county of Lunenburg, at the place where the public magazine was lately erected, shall be, and are hereby respectively established a town; and that the said town, in the county of Halifax, shall be called and known by the name of Peytonsburgh, and the town in the county of Lunenburg shall be called and known by the name of Dalstonburgh. | Lunenburg established. |
| III. And whereas it hath been represented to this present general assembly, that the land of Robert Coleman, in the county of Culpeper, where the court-house is erected, is an high and pleasant situation for a town, and that if a town was laid off there it would encourage a number of useful tradesmen and others to settle there: Be it therefore enacted, by the authority aforesaid, That thirty acres of the said land (including the court-house) shall be laid off into lots and streets for a town, and shall be called and known by the name of Fairfax: And that Thomas Slaughter, William Green, Philip Clayton, Nathaniel Pendleton, and Wm. Williams, gentlemen shall be, and they are hereby constituted and appointed trustees for the said town; and they, or any three or more of them, are hereby authorized and impowered to lay off the said thirty acres of land into lots and streets, and from time to time to settle and determine all disputes concerning the bounds of the lots of the said town, and to settle and establish such rules and orders for the more regular and orderly building of the houses in the said town as to them shall seem best and most convenient. | Town of Fairfax in Culpeper established. |
| IV. And whereas Benjamin Davis, of the said county of Culpeper, now holds the land hereby directed to be laid off for a town, by virtue of a lease from the | Provision for Benjamin Davis lessee |
| said Robert Coleman, and the laying off the said town may be a prejudice to him, which he is nevertheless willing should be done, provided part of his rent is deducted, and the use of his houses he now occupys reserved to him during the term of his lease, to which the said Robert Coleman hath assented: Be it further enacted, by the authority aforesaid, That one fifth part of the annual rent, to be paid by the said Benjamin Davis to the said Robert Coleman, for the land held by the said lease, shall be deducted by the said Benjamin Davis; and that he shall nevertheless hold and enjoy all and singular the houses he is now in possession of by virtue of the said lease during the continuance of the same, notwithstanding any such house or houses may happen to be on different lots when the said land is laid off by the said trustees. | of Robert Coleman. |
| V. And whereas it is necessary that trustees should be appointed for the towns hereby erected in the counties of Halifax and Lunenburg, Be it therefore further enacted, by the authority aforesaid, That James Roberts, William Wright, Theophilus Lacy, Robert Wade, junior, and Nathaniel Terry, gentlemen, be, and they are hereby nominated, constituted and appointed trustees for the said town of Peytonsburg, in the county of Halifax; and Clement Read, Thomas Boulden, Thomas Bedford, Paul Carrington, William Caldwell, David Caldwell, and Clement Read, junior, gentlemen, for the said town of Dalstonburgh, in the county of Lunenburg. And the said trustees, or any three of them, respectively, shall and may, and they are hereby authorized and impowered to make, from time to time, such orders, rules and directions for the regular and orderly building the houses in the said towns, respectively, as to them shall seem expedient; and also to settle all disputes and controversies concerning the bounds of the lots in such towns, respectively. | Trustees appointed. |
| VI. And be it further enacted, by the authority aforesaid, That it shall not be lawful for any person whatsoever to erect or build, or cause to be erected or built, in any of the towns by this act erected, any wooden chimney: And if any person shall presume to erect or build any wooden chimney in any of the said towns, it shall and may be lawful for the sheriff of the county in which such town is situate, and he is hereby required to cause every such chimney to be pulled down and demolished. | Wooden chimnies not to be built. |
| CHAP. XXIV. | ||
| ||
| I. WHEREAS a bridge hath lately been erected by one Browder, over Appamattox river, just below the falls thereof, between the counties of Chesterfield and Dinwiddie, and the said bridge is of little or no advantage to the inhabitants of the said county of Chesterfield. | Justices of Chesterfield not compellable to join those of Dinwiddie, in building a bridge over Appomattox. | |
| II. And whereas by a clause of an act of assembly, made in the twenty-fifth year of the reign of his present majesty, intituled, An Act for building a bridge over Appamattox river by subscription, the justices of both the said counties were prohibited from levying any money or tobacco on the inhabitants of the said counties for re-building the bridge in the said act mentioned: And the said bridge is now out of repair, and from its great conveniency to the public will be rebuilt by subscription. | ||
| III. And whereas it will be very burthensome to the inhabitants of the said county of Chesterfield to be obliged to join with the inhabitants of the said county of Dinwiddie in the charges of re-building or keeping in repair the bridge known by the name of Browder's: 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 county of Chesterfield shall not be obliged at any time hereafter to join with the justices of the county of Dinwiddie to build a bridge over the said river, at the place aforesaid, at the charge of the said county of Chesterfield, any law, usage or custom to the contrary thereof in any wise notwithstanding. |
| CHAP. XXV. | ||
| ||
| I. WHEREAS the warehouses established for the inspection of tobacco at Matchotique and Mattox, in the county of Westmoreland, are conveniently situated for being under one inspection, and the tobacco brought to both places may easily inspected by one set of inspectors: 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, the said warehouses at Matchotique and Mattox shall be under one inspection; and that there shall be paid to each of the inspectors attending the same the sum of thirty pounds per annum for their salaries. | Matchotique and Mattox warehouses, united under one inspection. | |
| II. And whereas it will be of great advantage to many of the inhabitants of the said county if warehouses for the inspection of tobacco were erected on the land of the honourable Philip Ludwell Lee, esquire, at a place called Stratford landing, in the said county: Be it further enacted, by the authority aforesaid, That from and after the passing of this act public warehouses for the inspection of tobacco shall be kept on the land of the said Philip Ludwell Lee, esquire, at the place called Stratford landing, in the said county of Westmoreland; and that there shall be paid to each of the inspectors attending the same the sum of twenty-five pounds per annum for their salaries. | Stratford, in Westmoreland established. | |
| III. And whereas much of the tobacco that used to be carried to Nominy warehouses, in the said county of Westmoreland, will be probably carried to the warehouses to be erected at Stratford landing, and the business of the inspectors at Nominy much lessened thereby: Be it further enacted, by the authority aforesaid, That from and after the passing of this act the |
| salaries of the inspectors at Nominy warehouses shall be only thirty pounds per annum each. | |
| IV. And forasmuch as the quantity of tobacco brought to Peyton's warehouse, on Occoquan river, in the county of Prince-William, is so small that the keeping up an inspection for tobacco there will be of no benefit or advantage to the public, and the said warehouses are already become burthensome to the said county: Be it therefore enacted, by the authority aforesaid, That from and after the passing of this act the said warehouses shall be, and the same are hereby discontinued, any law, custom or usage to the contrary thereof notwithstanding. | |
| CHAP. XXVI. An Act for altering several court days therein mentioned. | |
| I. WHEREAS the court days for the counties of Essex, Dinwiddie, Brunswick, and Spotsylvania, as they are now settled, are found to be very inconvenient as well to the inhabitants of the said counties as others who are obliged to attend business at those courts; therefore, for rendering the same more convenient, Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the first day of June next the court of the said county of Essex shall be constantly held on the third Monday in every month: The court of the said county of Denwiddie shall be constantly held on the third Monday in every month: The court of the said county of Brunswick shall be constantly held on the fourth Monday in every month; and the court of the said county of Spotsylvania shall be constantly held on the first Monday in every month, any law, custom or usage to the contrary notwithstanding. | Court days of Essex, Dinwiddie, Brunswick, and Spotsylvania altered. |
| Pages 255-283
| Pages 311-330
|