Pages 347-367 
|  Pages 381-407
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| Pages 347-367
| Pages 381-407
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| ANNO REGNI GEORGII II. Regis Magnæ, Britanniæ, Franciæ, et Hiberniæ, tricesimo quarto. 
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Francis Fauquier, esq. governor. | ||
| CHAP. I. | |||
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| I. WHEREAS it is necessary that the Virginia regiment should be further continued in the service of this colony, from the first day of December next (to | Virginia regiment completed and continued. |
| which time they are already provided for) until the first day of April next, as a security and defence to our frontiers; and that the said regiment should be filled up, and completed with new recruits: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said regiment shall be completed to one thousand men, to consist of so many companies, and to continue under the same establishment and regulations, as was directed by an act made in the thirty-second year of the reign of his present majesty, intituled, An Act for granting an aid to his majesty, for the better protection and defence of this colony, and for other purposes therein mentioned. | |
| II. And for the more speedy raising the number of men that shall be wanting to complete the said regiment, Be it enacted by the authority aforesaid, That it shall and may be lawful to and for the officers appointed for that purpose by the governour, or commander in chief, to enlist so many men willing to enter into the said service as shall be sufficient for that purpose; and every person so enlisting shall receive from the officer enlisting him the sum of five pounds, and every such officer shall be allowed, over and above the rewards so to be paid by him, all his necessary expences in the enlisting such persons and conveying them to the said regiment. | Enlisting money. |
| III. And whereas part of the said regiment is now employed in garrison at Pittsburg, & other posts to the northward thereof, & it is become unnecessary that they should be continued there, as the French in all Canada have submitted themselves to his majesty, and the hostile incursions of the Cherokee Indians have made it necessary for this colony to employ all its force for the protection of the inhabitants on the frontiers: Be it further enacted by the authority aforesaid, That the said forces now in garrison at Pittsburg, and other places to the northward, shall be immediately recalled to join the rest of the said regiment, and with them shall be employed for the protection of his majesty's subjects on the frontiers of this colony, in such manner as the governour or commander in chief shall from time to time order and direct; and if that part of the said regiment at Pittsburg, and the other places above mentioned, shall be detained or prevented by any authority | How the regiment is to be employed, the French in Canada having submitted. |
| whatsoever from re-joining the said regiment, or shall not after their return be employed in the service aforesaid, their pay and subsistence hereby given shall cease, and they shall not be deemed or taken to be in the service or pay of this colony, any thing in this or any other act to the contrary notwithstanding. | |
| IV. And for defraying the expence of recruiting, clothing, paying & subsisting, of the said regiment until the said first day of April next, Be it further enacted, by the authority aforesaid, That John Robinson, esquire, treasurer of this colony, or the treasurer of this colony for the time being, appointed by or pursuant to an act of assembly, out of the publick money that shall come to his hands by virtue of this act, shall pay to such person or persons as shall be directed by warrant from the governour, or commander in chief of this colony for the time being, so much money as shall be necessary for the purposes aforesaid, so that the sums so to be paid do not exceed in the whole the sum of twenty thousand pounds, to be accounted for he the general assembly. | The sum of money. |
| V. And whereas it will be very troublesome to the governour or commander in chief to examine and settle the accounts of the several charges and expences of the said regiment, Be it therefore enacted by the authority aforesaid, That William Prentis, Thomas Everard and James Cocke, gentlemen, shall be, and they are hereby, appointed commissioners to examine, state and settle, such accounts relating to the expences of the said regiment as shall from time to time be referred to them by the governour or commander in chief for the time being; and each of the said commissioners shall be allowed for their trouble therein the sum of fifty pounds. | Commissioners to settle the accounts. |
| VI. And for raising the money hereby given and granted, Be it further enacted, by the authority aforesaid, That the same shall be paid out of the sums of money allotted to this colony, as our proportion of the sums granted by the parliament of Great-Britain to the American colonies; and that the governour or commander in chief of this colony for the time being, the president of his majesty's council, and the speaker of the house of burgesses, be, and they are hereby authorized and desired to draw bills of exchange under their hands, jointly, on James Abercrombie, esquire, in whose hands the said money now remains, to be | Money how to be raised. |
| amount of the said sum of twenty thousand pounds, and deliver the said bills to the said John Robinson, esquire, or the treasurer for the time being, appointed as aforesaid, who shall dispose of the same, to all such persons as shall be inclined to purchase them, at the highest difference of exchange he can procure; and the money arising from the sale of the said bills, in the amount afore-mentioned, shall be by the said treasurer paid and applied to the purposes of this act, and accounted for to the general assembly, after deducting one per centum for his trouble in receiving and paying the same. | Treasurer's allowance. | |
| VII. And be it further enacted, by the authority aforesaid, That John Robinson, esquire, treasurer of this colony, shall give such further security as shall be approved of by the governour or commander in chief of this colony, in the sum of twenty thousand pounds, for the due answering and paying all the money by him received from time to time by virtue of this act, and for the due and faithful performance of his said office; and in case of his death, resignation or disability, the treasurer to be appointed in his stead, shall in like manner give such further security before he enters into his said office. | Treasurer to give security. | |
| CHAP. II. | ||
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| I. WHEREAS by an act of the parliament of Great-Britain, passed in the year one thousand seven hundred and fifty seven, a sum of money, not exceeding fifty thousand pounds, was granted to his majesty, to be paid to such person, and in such manner, and by such proportions, as his majesty shall direct, for the use and relief of his majesty's subjects in the several provinces of North and South-Carolina, and Virginia; | Recital of acts of parliament granting aid to the southern colonies. |
| and by another act of parliament, passed in the year one thousand seven hundred and fifty-eight, a further sum of two hundred thousand pounds was granted to his majesty, to enable him to give a proper recompence to the respective provinces in North-America, for the expences incurred by them in the levying, clothing and pay, of the troops raised by the same, according to the active vigour and strenuous efforts of the respective provinces shall be thought by his majesty to merit, And whereas his majesty has been graciously pleased to allot to his subjects of this his colony of Virginia the sum of thirty-two thousand two hundred and sixty-eight pounds, nineteen shillings, as their proportion of the said sum of fifty thousand pounds, and twenty thousand five hundred and forty-six pounds, as their proportion of the said two hundred thousand pounds, and by his warrants has directed the said several sums of thirty two thousand two hundred and sixty-eight pounds nineteen shillings, and twenty thousand five hundred and forty-six pounds, to be paid to James Abercrombie, esquire, for the use of this colony, to be by the said James Abercrombie paid to such person or persons as shall be duly authorized and appointed by the general assembly of this colony to receive the same. | |
| II. And whereas by an act passed this present general assembly, intituled, An Act for recruiting and further continuing the old regiment in the service of this colony, and for other purposes therein mentioned, it is directed that twenty thousand pounds current money, part of the said several sums paid to the said James Abercrombie by virtue of his majesty's wardens, be drawn out of the hands of the said James Abercrombie, by bills of exchange, to be drawn by the governour, or commander in chief to this colony for the time being, the president of his majesty's council, and the speaker of the house of burgesses, on the said James Abercrombie, and to be delivered to John Robinson, esquire, treasurer of this colony; or the treasurer for the time being, appointed by or pursuant to an act of assembly, to be by him disposed of, for the purposes therein mentioned; and after paying the same, there will remain in the hands of the said James Abercrombie a considerable balance due to this colony: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and | How drawn for. |
| it is hereby enacted, by the authority aforesaid, That the said governour or commander in chief, president and Speaker, be, and they are hereby authorized and impowered to draw bills of exchange on the said James Abercrombie for the balance remaining in his hands, after deducting the said twenty thousand pounds current money, which bills of exchange they shall deliver to the said treasurer or the treasurer of this colony for the time being, appointed as aforesaid, who shall dispose of them in the same manner as is directed in the above mentioned act of assembly; and the money arising from the sale of the said bills shall be, by the said treasurer, applied in the first place for and towards the discharge of such publick debts of this colony as bear interest, and the balance, if any, to such other uses and purposes as shall be from time to time directed by the general assembly of this colony. | |
| III. And be it further enacted, by the authority aforesaid, That Edward Montague, esquire, or in case of his death, removal, or refusal to act, such person as shall be appointed agent for this colony by or pursuant to an act of the general assembly, shall be, and he is hereby authorized, directed and impowered, to receive all such other sum and sums of money as already have ben, or hereafter shall be, granted by the parliament of Great-Britain to his majesty, for the use of this colony; and the said governour or commander in chief, president and speaker, shall be, and they are hereby authorized, impowered and directed, to draw their bills of exchange upon the said Edward Montague, esquire, or such other person, under their hands, for all such sums of money, and deliver them to the said treasurer, or the treasurer for the time being, appointed as aforesaid; who shall dispose of such bills, and apply the money arising from the sale thereof, in the manner herein before directed; or the said governour, president and speaker, if they shall think it most for the service of this colony, shall order the said Edward Montague, esquire, or such other person, to remit such money in specie to the said treasurer, who shall account for the same to the general assembly, and shall be allowed the sums of one per centum for his trouble in reviving and paying the same. | Agent for Virginia authorised to receive money. |
| IV. And be it further enacted, by the authority aforesaid, That John Robinson, esquire, treasurer of this colony, shall give such further security as shall be | Additional security required of treasurer. |
| approved by the governour, or commander in chief of this colony, in the sum of forty thousand pounds, for the due answering and paying all the money by him received from time to tie, by virtue of this act; and in case of his death, resignation or disability, the treasurer to be appointed in his stead shall in like manner give such further security, before he enters into his said office. | |
| CHAP. III. An Act to explain and amend the act, intituled, An Act for appointing an agent. | |
| I. WHEREAS by an act of the general assembly, passed in the thirty-second year of the reign of his present majesty, intituled, An Act for appointing an agent, Edward Montague, of the Middle-Temple, esquire, was appointed agent for this colony, to be at all times under the direction of certain persons thereby declared to be a committee of correspondence, to transmit such matters and things to him as should be committed to their charge by the general assembly, and to receive from him information and intelligence of his proceedings, as well in such cases as should be to him intrusted by the said committee, or the major part of them, as in every other matter and thing that should come to his knowledge, that might either affect or be for the interest of this colony; and that the said committee should from time to time, as they should be required, lay before the general assembly copies of all such letters and instructions as should be by them sent to such agent, as also the originals of all letters by them received from the said agent: And it was further enacted, that if any one or more of the persons so appointed a committee of correspondence should presume to write any private letter to the said agent, containing any matter repugnant to such letters or instructions as should be transmitted by the major part of them acting as a committee, or should write any private letter, containing any instructions, in any matter, | Act for appointing an agent, for Virginia, to reside in England, explained and amended. |
| before the same had been considered and approved by a committee, every person committing such misdemeanour should be liable to the censure of the general assembly: And it was further enacted, that it should and might be lawful for the treasurer of this colony for the time being, appointed by or pursuant to an act of assembly, to pay unto the said agent, out of the publick money that should be in the treasury, the sum of five hundred pounds sterling per annum, as a full compensation for his trouble and expences in the discharge of his duty in office. | |
| II. Provided nevertheless, and it was thereby enacted, that if at any time the said committee, or the major part of them, should think proper to remove the said Edward Montague, esquire, from his office of agent, then such allowance and power thereby given to the said Edward Montague, esquire, should cease; and such committee, or the major part of them, should notify the same to him, and lay their reasons to so doing before the next succeeding assembly; or in case the said Edward Montague, esquire, should die, or refuse to take upon himself the said office of agent, the said committee are thereby impowered and required, either upon the removal of the said Edward Montague, esquire, from his office of agent, or upon his death, or refusal to take upon himself the said office, to appoint some other fit person in his room to act as agent, for such allowance as aforesaid, to be approved of [by] the succeeding assembly: And it was further enacted, that the said act should continue and be in force, from and after the passing thereof, for and during the term of seven years, and no longer. | |
| III. And whereas a doubt has arisen in the construction of the proviso in the said recited act, whether the appointment of another person to act as agent for this colony, in case of the removal, death, or refusal to act, of the said Edward Montague, by the said committee of correspondence, which consists of several members, as well of his majesty's council as of the house of burgesses, according to the power given them in the said proviso, was by the said act, intended to be submitted to the approbation of the house of burgesses only, or to the controul of the whole legislative power of this colony; and although the true intent and meaning of the act is, that the appointment in the proviso mentioned, and the reasons for the same, |
| should be laid before and approved of by the general assembly, yet, to obviate all doubts, it is necessary that the said act should be explained and amended: 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 person so to be appointed by the said committee of correspondence to act as agent for this colony, in case of the removal, death, or refusal to at, of the said Edward Montague, shall be first approved of by the governour or commander in chief of this colony for the time being, and continue in the said office of agent until the succeeding general assembly, and no longer, unless he shall be approved of by the general assembly, any thing in the said recited act to the contrary, or seeming to the contrary thereof, in any wise notwithstanding. | ||
| CHAP. VI. | ||
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| I. WHEREAS John Lewis, formerly of the parish of Abington, in the county of Gloucester, esquire, was seized in fee-simple of a tract or parcel of land called by the name of Chemokins, alias Port-Holy, lying in the parish of Saint Peter, in New-Kent county, containing thirteen acres, more or less, being part of a patent granted to Major William Lewis; and being so seized by indenture bearing date the thirteenth day of October, in the year of our Lord one thousand seven hundred and seventeen, and made between the said John Lewis, esquire, of the one part, and Charles Lewis, son to the said John, of the other part, did, for the considerations therein mentioned, give and grant unto his said son Charles Lewis the said tract or parcel of land, with the appurtenances, | Entail of certain lands whereof Charles Lewis is seized, docked, and other lands settled to the same uses. |
| to have and to hold, to him the said Charles Leis, and the male heirs of his body lawfully begotten, for ever; and for want of such heirs, to Robert Lewis, son to the said John, and the heirs male of his body lawfully begotten, for ever; and for want of such heirs, to the heirs male of the body of him the said John lawfully begotten; and for default of such male heirs, to the right heirs of his said son Charles for ever; and so extinguish and determine the said estate tail: And in the said indenture, it is declared to be the real intent and desire of the said John the father, that if at any time the said Charles should fall into extreme poverty and want, or his male heirs begotten in possession, that then the said Charles, or his said heirs, might dispose of or sell the said land for their relief, by virtue of which deed the said Charles Lewis entered into the said lands, with the appurtenances, and is now seized thereof in fee-tail. | |
| II. And whereas the said Charles Lewis is seized in fee-simple of and in eighteen hundred and fifty acres of land, lying and being on Tye river, in Albemarle county, (formerly Goochland) granted to the said Charles Lewis by patent bearing date the twenty-fifth day of July, in the year of our Lord one thousand seven hundred and forty-one, and it will be greatly to the advantage of the said Charles Lewis and his posterity to dock the entail of the said thirteen hundred acres of land, called Chemokins, and to settle the said eighteen hundred and fifty acres of land, on Tye river, in Albemarle county, so granted to the said Charles Lewis by patent, being of greater value, to the same uses; and John Lewis, gentleman, eldest son, and heir apparent, of the said Charles, being of full age, is willing and desirous that an act should pass for that purpose: And forasmuch as notice hath been published, three Sundays successively, in the church of the said parish of Saint Peter, that application would be made to this present general assembly to dock the entail of the said thirteen hundred acres, called Chemokins, and to settle other lands of greater value to the same uses, pursuant to your majesty's instructions. | |
| III. May it therefore please your most excellent majesty, at the humble suit of the said Charles Lewis, that it may be enacted, And be it enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by |
| the authority aforesaid, That the said thirteen hundred acres of land called Chemokins, with the appurtenances, lying and being in New-Kent county, whereof the said Charles is now seized in fee-tail, as aforesaid, be, and the same is hereby, vested in the said Charles Lewis, his heirs and assigns, to the only proper use and behoof of the said Charles Lewis, and his heirs and assigns, for ever; and that the said eighteen hundred and fifty acres of land, with the appurtenances, lying on Tye river, in the county of Albemarle, granted to the said Charles Lewis by patent, shall be, and the same are hereby, vested in the said Charles Lewis, and the male heirs of his body lawfully begotten, for ever; and in default of such heirs, the same shall remain and descend to such person and persons as the said thirteen hundred acres of land, called Chemokins, would have remained and descended, by virtue of the before recited indenture, if this act had never been made. | |
| IV. Saving to the king's most excellent majesty, his heirs and successors, and all and every other person and persons, bodies politic and corporate, other than the persons claiming under the said recited indenture, all such right, title, interest and estate, claim and demand, as they, every, or any of them, could or might claim, if this act had never been made. | |
| V/ Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | |
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| Pages 347-367
| Pages 381-407
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