Pages 407-433 
|  Pages 463-490
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| Pages 407-433
| Pages 463-490
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| CHAP. XXIV. | ||
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| I. WHEREAS his late majesty king George the second, of happy and glorious memory, by his royal charter bearing date under the seal of this colony the fifteenth day of September, in the tenth year of his reign, did grant to the inhabitants of Norfolk that the same should be a borough incorporate, to consist of a major, recorder, eight aldermen, and sixteen common-council | Recital of Charter of Norfolk borough. |
| men, with sundry rights, privileges and immunities, as in the said charter are fully expressed; which charter hath been since confirmed and explained, and the privileges of the inhabitants of the said borough enlarged by divers acts of the general assembly of this colony. | |
| II. And whereas, since the date of the said charter divers persons, proprietors of the lands adjacent to the said borough, have laid out the same into lots and streets, many of which are built on and improved, and people are daily resorting thither, and it is now become a doubt whether the proprietors of such adjacent lots are to be considered and deemed inhabitants of the said borough, and entitled to the rights, privileges and immunities, granted by the said charter, and the several acts of assembly aforesaid; and the mayor, recorder, aldermen, common-council men, and other inhabitants of the said borough, have made their humble suit to this present general assembly that the bounds of the said borough may be enlarged and fully ascertained, so as to prevent all future disputes: 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 from and after the passing of this act all the lands contained with the lines and bounds herein after described, including the town originally built on and established at the time of the granting of the said charter, shall be deemed and taken to be the borough of Norfolk, to wit; beginning at the head of a creek called Newton's creek, and thence within a line to be run north fifty-nine degrees west seventy two poles to the head of Smith's creek; thence along the said Smith's creek, according to its various courses and meanders, to the mouth thereof in Elizabeth river; thence bounding on the said river the different courses thereof to the mouth of the said Newton's creek, and thence up the said Newton's creek to the beginning. | And of additions made thereto. Limits extended. |
| III. And be it further enacted, by the authority aforesaid, That the purchasers of the lands included within the bounds aforesaid hereby added to and made part of the said borough, as soon as the same shall be laid off into lots and built on and saved, according to the directions of the said charter and the several acts of assembly aforesaid, and also the other inhabitants and housekeepers thereof, shall be entitled to and have |
| and enjoy all and singular the rights, privileges and immunities, granted to and enjoyed by the freeholders and other inhabitants of the said borough. | |
| IV. And whereas it is represented to this present general assembly that a certain piece or parcel of land in the said borough of Norfolk, whereon a publick warehouse lately stood, commonly called the Fort Land, is daily wasting away by the washing of the river, and the justices of the county not having power to levy money for that purpose, and there not being sufficient in the chamber of the said borough to defray the expense of securing the same and building a wharf and storehouses thereon, which are very necessary and convenient for shipping, and would be a great benefit and advantage to the county of Norfolk, and the said borough, and that certain persons named in a schedule hereunto annexed have, with the consent and approbation of the justices of the county, the mayor, recorder, aldermen and common-council men, of the said borough, agreed amongst themselves to advance and pay the sums of money set down and expressed against their respective names in the said schedule to trustees, to be applied towards enlarging and securing the said piece or parcel of ground and erecting a wharf and storehouses thereon, on the terms and conditions herein after expressed; therefore, for encouraging and promoting so useful and beneficial an undertaking, Be it enacted by the authority aforesaid, That John Hutchings, Robert Tucker, Archibald Campbell, James Holt, Paul Loyall, Thomas Newton, Samuel Boush, William Aitchison, Daniel Rothery, William Bradley, John Tucker, Goodrich Boush, James Taylor, Archibald White, Robert Waller, John Hunter and William Freeman, gentlemen, shall be, and they are hereby, declared, nominated and appointed, trustees and directors for putting the same in execution; and the said piece or parcel of land shall be vested in the said trustees in fee-simple, and it shall and may be lawful to and for the said trustees and directors, or the major part of them, to take and receive of and from the several persons named in the said schedule the several sums of money therein set down against their respective names, and to give their receipts for the same, expressing the purposes for which the said sums shall be paid; on receipt whereof the said trustees and directors shall, and they are hereby empowered | Fort-Land, in Norfolk vested in trustees, for the purpose of enlarging and securing it, and building a storehouse and wharf thereon. |
| and required, to lay out and apply the same in and towards enlarging and securing the said piece or parcel of ground, and in erecting and building a wharf and a storehouse or storehouses thereon, in such manner as the said trustees and directors, or the major part to them, shall think proper and most convenient for the careening of ships and other vessels, and storing their rigging, tackle and lading. And when the same shall be completed, the said trustees and directors, or the major part of them, shall let and hire out the said wharf and storehouses for the best price they can get for the same, and shall keep just and fair accounts of their proceedings in books by them to be provided for that purpose, and also of the rents and profits of the said wharf and storehouse; and shall, on the first day of May in every year, account with and pay to the several persons named in the said schedule, their respective heirs, executors, administrators or assigns, or other legal representatives, an equal dividend of the money arising from the rents and profits of the said wharf and storehouses, in proportion to the sums of money by them respectively advanced and paid as aforesaid. | |
| V. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the justices of the said county of Norfolk for the time being, or, in case of their refusal, to and for the mayor, recorder, aldermen or common-council, of the said borough respectively; and the said trustees and directors, and their survivers, shall, and they are hereby required, at any time hereafter, to convey the same to the said justices, or mayor, recorder, aldermen and common-council men, of the said borough, and their successours, in trust, for the benefit and advantage of the inhabitants of the said county or borough, on their reimbursing the several persons named in the said schedule, their respective heirs, executors, administrators or assigns, or other legal representatives, the several sums of money by them respectively advanced and paid as aforesaid. | County, or borough of Norfolk authorised to purchase said land. |
The SCHEDULE to which this Act refers.
|
List of subscribers. |
| CHAP. XXV. | ||
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| I. WHEREAS it is represented to this present General Assembly that the glebe of the parish of Antrim, in the county of Halifax, is inconveniently situated, and that it would be very advantageous to the minister of the said parish, as also to the inhabitants thereof in general, if the vestry of the said parish were empowered to dispose of the said glebe, and lay out the money arising from the sale thereof in purchasing other lands for a glebe, and erecting convenient buildings thereon: 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 glebe land, with the appurtenances, be, and the same are hereby, vested in the present vestry of the said parish of Antrim, and in the vestry of the said parish for the time being, IN TRUST: Nevertheless, that the said vestry, or the greater part of them, shall, by deed of bargain and sale, sell and convey the said glebe, with the appurtenances, for the best price that can be got for the same, to any person or persons who shall be willing to purchase the same; TO HOLD to such purchaser or purchasers, his or their heirs and assigns, for ever. | Vestry of Antrim parish in Halifax authorized to sell their glebe land. | |
| II. And be it further enacted, by the authority aforesaid, that the money arising from the sale of the said glebe shall be by the said vestry laid out and applied for and towards purchasing a more convenient tract or parcel of land for a glebe, and erecting buildings thereon, for the use and benefit of the minister of the said parish of Antrim, for the time being, for ever. |
| CHAP. XXVI. | ||
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| I. WHEREAS by an act of Assembly made in the fourth year of the reign of her late majesty queen Anne, entitled, An Act for regulating the election of Burgesses, for settling their privileges, and ascertaining their allowance, it is amongst other things enacted that the allowance for Burgesses attending the General Assembly should be as followeth, that is to say; For every Burgess coming by land, one hundred and thirty pounds of tobacco and cask a day, besides the necessary charge of ferriage; and for every burgess who could not come to the General Assembly otherwise than by water, one hundred and twenty pounds of tobacco and cask a day; to be paid to them by the counties, for which they serve, respectively, besides an allowance for divers days of travelling to and from the General Assembly, as in the said act is particularly mentioned. | Burgesses wages payable in money. | |
| II. And whereas by one other act of Assembly, made in the third and fourth years of the reign of his late majesty king George the second, entitled, An Act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted that when any session of Assembly should be thereafter held, and upon examination of the Treasurer's accounts it should appear that there are monies sufficient in his hands to discharge all the debts due from the publick, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General-Assembly, leaving and reserving in the hands of the said treasurer, over and above the said payments, a balance of one thousand five hundred pounds at the least, then every Burgess, elected and serving for any county or corporation shall be paid out of the publick money the sum of ten shillings for each day he should serve in the house of Burgesses, and for the days of coming to and returning from the General-Assembly, according to the first recited act, in lieu of all other demands for that service, with the further allowance to the burgesses of Accomack and Northampton, and |
| others coming to the General-Assembly by water, as in the said act is particularly directed. | ||
| III. And whereas, by reason of the many demands on the treasury, there is not sufficient in the hands of the treasurer at this time to pay the wages of the Burgesses for the present session in money, according to the letter of the last recited act; but forasmuch as the payment of the said wages in money for this present session of Assembly will be a great ease to the people, and enable them to pay the taxes necessary for carrying on the present war: 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 Burgesses wages for this present session of Assembly shall be paid by the treasurer, on the thirtieth day of October next, out of the public monies in his hands, according to the directions and regulations in the said last-recited act mentioned, any thing in the said act to the contrary thereof in any wise notwithstanding. | When to be paid by treasurer. | |
| IV. And whereas, on the adjournment of this present session of Assembly, the courts of several counties did levy tobacco for their Burgesses wages to the time of such adjournment, Be it therefore enacted, that the tobacco so levied shall not be received by the Burgesses, but shall remain in the hands of the collectors, and be disposed of by the said court to the use of their respective counties. | ||
 CHAP. XXVII. | ||
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| I. WHEREAS by one act of General-Assembly, made in the third and fourth years of the reign of his late majesty king George the second, entitled, An Act to enable Henry Cary to sell certain entailed lands in | Entail of certain lands whereof Archibald Cary is seized, docked. |
| the county of Warwick, and for settling three hundred and six acres of land, with the appurtenances, in the county of Henrico, and the moiety of three thousand nine hundred and forty-two acres of land, with the appurtenances, in the county of Goochland, of greater value, to the same uses, reciting that Miles Cary, late of the county of Warwick, gentleman, deceased, was in his lifetime seized in fee-simple of and in one tract or parcel of land, with the appurtenances, situate, lying and being, in the parish of Warwick, in the county aforesaid, commonly called and known by the name of the forest; and so being thereof seized by his last Will and Testament in writing, bearing date the ninth day of June, in the year of our Lord one thousand six hundred and sixty-seven, amongst other things did devise part of the said land, with the appurtenances, to his son Henry Cary, and to the heirs of his body lawfully to be begotten, with certain remainders over, as in the said Will was expressd, and died so seized, after whose death the said Henry Cary entered into the tenements aforesaid, with the appurtenances, and was thereof seized, and died so seized, leaving issue Henry Cary his eldest son and heir, who entered and was seized thereof: and that the said Henry Cary, the grandson, was and stood seized in fee-simple of and in one plantation and tract of land, with the appurtenances, situate, lying and being on the south side of James River, in the parish of Henrico, in the county of Henrico, commonly called and known by the name of Warwick, containing by estimation three hundred and six acres; and also of and in three thousand nine hundred and forty-two acres of land, with the appurtenances, situate, lying and being on the West side and on the branches of Buck river, otherwise called Willis's Creek, in the county of Goochland, commonly called and known by the name of Buckingham; granted to the said Henry Cary by patent bearing date the twenty-seventh day of September, in the third year of the reign of his said late majesty King George the second; and had petitioned that general assembly to be enabled to sell the said entailed lands, and to convey the same to Wilson Cary of Hampton, in the county of Elizabeth City, gentleman, in fee-simple, with whom he had agreed for the purchase thereof, on settling the plantation aforesaid in the county of Henrico, called Warwick, with the |
| appurtenances, in the county of Goochland aforesaid, in lieu of the entailed lands, to the same uses: And that the said fee-simple lands, so proposed to be settled, were of greater value than the entailed lands, and would be an ample recompense to the issue in taille, and all others in remainder or reversion; and the sale of the said entailed lands would be of great advantage to the said Henry Cary and his family. | |
| II. And forasmuch as he had made publick notification of his petition, in that behalf, at the Church of the parish wherein the said lands lay, three Sundays successively, pursuant to his said late majesty's instructions in that behalf, and no person had appeared to oppose the same, it was, at the humble suit of the said Henry Cary, enacted that the plantation and parcel of land aforesaid, in the county of Warwick, with the appurtenances, containing by an exact survey eight hundred and seventeen acres, by the last Will and Testament, of the said Miles Cary, so as aforesaid devised to the said Henry Cary, deceased, should, on payment of the purchase money agreed on by the said Wilson unto the said Henry, be vested in the said Wilson Cary, his heirs and assigns, and he should stand seized thereof to the only use and behoof of him the said Wilson Cary, his heirs and assigns for ever; and from and after the payment of the purchase money aforesaid, the three hundred and six acres of land, with the appurtenances, called Warwick, and the Moiety of the three thousand nine hundred and forty-two acres, with the appurtenances, called Buckingham aforesaid, should be vested in the said Henry Cary, and he should stand seized thereof to the use of him the said Henry Cary, and the heirs of the body of the said Henry Cary, deceased; and in case of failure of such issue, to the use of every other person and persons, respectively, who should or might have a right in remainder or reversion to claim the said entailed lands under the Will of the said Miles Cary, if that act had not been made, any law or statue to the contrary thereof in any wise notwithstanding. | |
| II. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim, and demand, of, in and to, any of the lands before-mentioned, other than the |
| person or persons claiming by, from or under, the last Will and Testament of the said Miles Cary, deceased, or either of them, as they or any of them had, should, or might claim, if that act had never been made. | |
| IV. Provided always, That the execution of that act should be suspended, until his majesty's approbation be had thereof; which act received his said late majesty's royal assent and approbation, in a council held at the court of St. James's the twenty-ninth day of November, one thousand seven hundred and thirty-three, and was afterwards fully executed, whereby the said Henry Cary, the Grandson, became seized of the said three hundred and six acres of land called Warwick, and of one moiety of the said three thousand nine hundred and forty-two acres of land called Buckingham, with the appurtenances as tenant in fee-taille. | |
| V. And whereas the said Henry Cary, the grandson, afterwards departed this life so seized, and being also seized in fee simple of the other moiety of the three thousand nine hundred and forty-two acres of land called Buckingham, whereby all the said lands descended to his son and heir Archibald Cary, esqr. who entered into and is now seized of the said three hundred and six acres of land called Warwick, lying in that part of the said county of Henrico which hath been since named Chesterfield county, and one moiety of the said three thousand nine hundred and forty-two acres of land called Buckingham, lying in that part of the said county of Goochland which hath been since named Albemarle county, as tenent in fee-taille, and the other moiety of the said land called Buckingham as tenant in fee-simple, and hath petitioned this general assembly that an act may pass to dock the entail of the said three hundred and six acres of land called Warwick, and to vest the same, with the appurtenances, in him, the said Archibald Cary, in fee-simple, and to settle in lieu thereof the said other moiety of the land called Buckingham, whereof he is seized in fee simple, being of greater value than the said land called Warwick; which will be a great advantage to the said Archibald Cary and his family, and will enable him to make a more convenient provision for them than he can now do. | |
| VI. And forasmuch as notice hath been published three Sundays successively, in the church of the parish |
| wherein the said land called Warwick lyeth, that application would be made to this present general assembly to dock the entail of the said land called Warwick, and to vest the same in him, the said Archibald Cary, in fee-simple, and to settle in lieu thereof the said moiety of the land called Buckingham to the same uses, pursuant to his majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said Archibald Cary, 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 of the same, That the said plantation and tract of land called Warwick, with the appurtenances, containing three hundred and six acres, lying and being in the parish now called Dale, in the said county of Chesterfield, whereof the said Archibald Cary is now seized in fee-taille, be, and the same is hereby, vested in the said Archibald Cary, and his heirs and assigns, to the only proper use and behoof of the said Archibald Cary, and his heirs and assigns, for ever; ant that the said other moiety of the aforesaid three thousand nine hundred and forty-two acres of land called Buckingham, with [the] appurtenances, whereof the said Archibald Cary is seized in fee-simple, lying and being in the parish of Tillotson, in the county of Albemarle, be, and the same is hereby, vested in the said Archibald Cary, and the heirs of his body begotten; and in case of failure of such heirs, shall remain and descend to such person and persons, in the same manner, and under the same limitations, as the said land, in the parish of Dale, in the county of Chesterfield, called Warwick, would have remained and descended, if this act had not been made. | |
| VII. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politick and corporate, and their respective heirs and successors, other than the persons claiming in reversion or remainder after the death of the said Archibald Cary, without heirs of his body begotten, all such right, title, interest, claim, and Demand, as they, every, or any of them, should or might claim if this act had not been made. | |
| VIII. 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. |
| CHAP. XXVIII. | ||
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| I. WHEREAS Major-General Alexander Spotswood was at the time of his death seised and possessed of a large tract of land lying in the county of Spotsylvania, whereon he had erected works for casting pig-iron, and employed therein the greatest part of his slaves; and was also seized of a large tract of land in the counties of Orange and Culpeper, on which he had placed some tenants at an annual rent; and being so seized made his last will and testament in writing, bearing date the nineteenth day of April one thousand seven hundred and forty, and therein did give and devise to his eldest son John Spotswood, esquire, all his said lands and his working slaves in taille, with several remainders over, in case his said son should die without issue, but empowered his executors to lease out any of his said lands (his said mine-tract excepted) for years, or for life or lives, on such conditions, with such covenants, and reservations of rents, for the benefit of his said son, as he the said testator had theretofore leased any of his said lands: And the said testator did further give and devise unto his son Robert Spotswood the sum of three thousand pounds sterling, payable at his attaining the age of twenty-one years; and to his two daughters, Anna Catharina and Dorothea, the sum of two thousand pounds sterling each, payable at their respectively arriving to the age of twenty-one years, or marriage; which said sums of seven thousand pounds were to be raised by mortgage or sale of any of his the testator's lands, devised to his said son John (his mine tract excepted) and that so much as should seem proper to his wife for the maintenance and education of his said three younger children, until their fortunes should become payable, respectively, should be annually paid out of the growing rents and profits of his said lands: And he the said | Executors of John Spotswood authorized to dispose of certain lands in Spotsylvania Orange & Culpeper, for payment of debts and legacies due from the estate of Maj. Gen. Spotswood. |
| testator did further direct that all the tradesmen and servants, stocks of cattle, horses and hogs, all waggons, carts and carriages, implements of Husbandry and handicraft, and all household-furniture, which should be employed or any way used in and on the said mine-tract, at the time of his death, should continue thereon and be employed therein until his said son John attained to the age of twenty-one years, when he gave the same to his said son John; requesting and desiring his said son John, in case he should attain to that age and die without issue male, that he would give the said servants, stocks and goods, to his aforesaid son Robert, so that the said iron works might be carried on and improved, according to his intention: And further the said testator did give and devise to his executors his two cabinets of plate, weighing one thousand and eighty nine ounces of silver, on the special trust and confidence that they should permit and suffer his wife to have the use thereof during her natural life, and after her decease to go to his said son John, in case he should arrive to the age of twenty-one years; but if he should die before such age, to his said son Robert; always desiring that the said cabinets of plate might descend, and continue as heir-looms, in his family; and, after some other small legacies, did give the rest of his estate, which was inconsiderable, to be equally divided between his said wife and children, and appointed his said wife, Elliott Benger, gentleman, and Robert Rose, clerk, executors, during the minority of his said son John, as by the said will, remaining of record in the said county of Orange, may more fully appear. | |
| II. And whereas, in the acquisition of the lands aforesaid, and the setting up the said iron works, the said Major-General Spotswood became, and was at the time of his death, considerably indebted to sundry persons in Great-Britain and this colony; and had, moreover, on his marriage with his said wife, settled on her an annuity of five hundred pounds sterling for life, for her jointure, in case she should survive him; so that the profits of the estate devised to the son John Spotswood were so far from paying his father's debts, and raising the younger childrens fortunes during his minority, that when he arrived to the age of twenty-one years, and the accounts of the executors were settled by order of the general-court, such |
| profits fell about three thousand pounds short of paying the said annuity, the maintenance of the children, and the necessary expenses of the said estate; which sum the said John Spotswood was, by decree of the said court, obliged to pay, besides being liable for the said debts and fortunes, which were greatly increased by the growing interest thereof. | |
| III. And whereas the said daughters Anna-Catharina and Dorothea, having respectively married, became entitled to their fortunes, and the said John Spotswood not being able to borrow money on the security of his lands to discharge the same, used his utmost endeavours to sell as much of the said Orange and Culpeper lands as would raise the said fortunes and the interest thereof, and frequently advertised pulick sales thereof, at which he sold nineteen thousand seven hundred and fifty-nine acres to different persons, for about four thousand pounds current money in the whole; all of which lands he conveyed to the several purchasers, except a tract of about seventeen hundred and fifty acres, purchased by James Hunter, merchant, lying in the county of Culpeper, containing the tenements on which Robert Slaughter, junior, Christopher Thrailkill, and Thomas Jerdon, then lived; and all the waste lands of the said Spotswood, lying within and adjoining the lines of the lands of William Rown, Charles Kavenaugh, John Favers, John Parks, William Williams, Robert Coleman, Gaines and Clayton, Margaret Griffin, Daniel Brown, Philip Rootes, gent. John Thompson, Reuben Long and John Reynolds; for which land the said James Hunter paid the consideration-money, but had no conveyance for the same; and the said John Spotswood having at such sales disposed of seven tracts of land lying in the county of , containing in the whole nine thousand and forty-eight acres, to John Thornton, gent. for one thousand pounds current money, agreed with the said Thornton to repurchase the said lands to himself in fee-simple, in order to make some provision for his younger son; and a reconveyance of the said lands was accordingly executed by the said Thornton to the said John Spotswood in fee-simple, but it is since doubted whether by such reconveyance the said John Spotswood, was not restored to his old estate taille in the said lands: And the money raised by the sale of the several lands aforesaid being greatly short of the |
| amount of the said daughters fortunes, and several decrees and judgments having passed against the said John Spotswood, as well for the balance thereof as for his father's debts, which he had no present means of discharging; he was therefore obliged to draw several bills of exchange on merchants in Great-Britain no way indebted to him, thereby to gain time and devise some means of raising the money so recovered of him; which bills were returned protested, and now remain unsatisfied. | |
| IV. And whereas the said Robert Spotswood, the son, having attained to the age of twenty-one years, became entitled to his fortune, and did agree to accept of, and the said John Spotswood accordingly made and executed a mortgage of, all the said lands in the counties of Orange and Culpeper, to hold to him the said Robert Spotswood, his executors, administrators or assigns, until the rents and profits thereof should fully satisfy and pay the said fortune of three thousand pounds and the interest thereof. | |
| V. And whereas it manifestly appears to have been the intention and will of Major-General Spotswood that his debts and younger childrens fortunes should be chargeable on that part of his estate lying in the counties of Orange and Culpeper, and not on his mine-tract or iron works, the profits of which he intended for his eldest son, to enable him to make provision for any younger sons he might have out of such profits, and the rather as the said General Spotswood does not in his said will take any notice of the younger sons which his said son John might have, although he empowers him to charge the entailed estate with a fortune of one thousand pounds for each daughter he should have; notwithstanding which all the profits of the said iron works, from the time of the death of General Spotswood to the time of the death of the said John Spotswood, were applied towards those uses, and the maintenance of the children, except what was necessary for the support of the said John Spotswood's family, and what he laid out in the purchase of the said nine thousand and forty-eight acres of land, and about fifty slaves, in order to make provision for his younger son. | |
| VI. And whereas the said John Spotswood is lately dead, leaving Mary his widow and four children, Alexander Spotswood, his eldest son and heir, John, |
| Anne and Mary, Spotswood, his younger children; having first made his last will and testament in writing, and therein, according to the power given him by his father's will, charged his entailed estate with the sum of one thousand pounds sterling for each of his said daughters, and give to his daughter Anne a mulatto girl called Betty, and to his daughter Mary a negro girl named Phillis, and all the rest of his estate he gave to his said younger son John Spotswood in fee-simple; but further directed that if his son Alexander would pay to his son John one hundred pounds, that then his said son Alexander should have the lands purchased of Ambrose Grayson, adjoining the land he the testator lived on; and also that if his said son Alexander would pay his son John the value of the stocks of cattle, sheep, hogs and horses, as they should be appraised, that then the said Alexander should have the said stocks, to him and his assigns, for ever; and of his said will appointed John Robinson, esq; Bernard Moore, John Champe, Edmund Pendleton and Roger Dixon, gent. and Nicholas Seaward, executors, as by the said will, remaining of record in the said county-court of Spotsylvania, may more fully appear; and after the death of the said John Spotswood, the said Bernard Moore alone undertook the execution of his said will, the other executors having hitherto declined to act therein, and the said Bernard was moreover by the general court appointed guardian to the said Sons, Alexander and John Spotswood, who are under the age of fourteen years. | |
| VII. And whereas the said John Spotswood, deceased, by having drawn the said bills of exchange, hath so far made the said debts his own that actions at law may be commenced against his executors, and by that means the whole estate by him devised to his youngest son will in the first instance be swept away; and though the said youngest son may, in a court of equity, be relieved out of the said entailed estate (except the mine-tract and iron works) as to so much of the said debts as are properly chargeable thereon, yet such relief would be tedious and expensive, and involve the family in dissentions and lawsuits, and at the same time be prejudicial to the heir in taille, it is very probable that the reversion of the said tenant lands, after satisfying the said Robert Spotswood's mortgage, could not be sold for the full value thereof: And it is represented |
| to this General-Assembly that it will be for the benefit of the said heir and younger son, as well as the creditors, if the said Bernard Moore should be allowed to apply the profits of the iron works (which are very considerable) with the rents and profits of the other estate, for and towards the discharging the said debts, whereby the said tenanted lands may be exonerated, and saved to the heir, and the small estate devised to the younger son preserved for him; which is the more just and reasonable, as there is not sufficient of the entailed slaves to carry on the said iron works, but it is necessary that some of the slaves of the younger son should be employed therein. | |
| VII. And forasmuch as notice has been published three Sundays successively, in the several churches of the counties of Spotsylvania and Orange, that application would be made to this present General Assembly for an act to pass for that purpose, pursuant to your majesty's instructions: May it therefore please your most excellent Majesty, at the humble suit of the executors of the said John Spotswood, deceased, 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 of the same, That the said Bernard Moore, or the acting executor or executors of the will of the said John Spotswood, deceased, or the guardian for the time being of the said sons, Alexander and John Spotswood, shall be, and they are hereby authorized and required to apply the profits of the whole estate, as well the iron works as the tenanted entailed lands, after the mortgage to the said Robert Spotswood shall be satisfied, as the other estate of which the said John Spotswood died seized and possessed in fee-simple, in the first place for and towards the necessary maintenance and education of the children of the said John Spotswood, and the residue in discharge and satisfaction of the several debts due from him and the estate of his said father; and as soon as such debts shall be satisfied and paid, then the profits of the whole entailed estate shall be applied to the benefit of the heir, in the same manner as if this act had never been made: And from thenceforth the said younger son, John Spotswood, shall be seized of the said nine thousand and forty-eight acres of land, so devised to him by the will of his said father, to him and his heirs, for ever; and |
| shall also be entitled to the other lands, slaves, and personal estate, devised to him by the said will, in manner and on the terms therein-mentioned. | |
| IX. Provided always and be it further enacted, that this act, nor any thing herein contained, shall be construed so as to assist or prejudice the dower or title of dower of the aforesaid Mary, the widow of the said John Spotswood, deceased, and now the wife of John Campbell, gent. in or to the said several estates; but such title of dower shall be determined according to the rules of law and equity, in the same manner as if this act had never been made. | |
| X. Provided also, that nothing herein-contained shall be taken so as to exempt the acting executor or executors of the will of the said John Spotswood, or the guardian of his said children, from being obliged to render accounts of their transactions in the trusts aforesaid; but that such accounts shall be rendered, and settled, according to the directions of the laws now in force relating to executors or guardians. | |
| XI. And be it further enacted, by the authority aforesaid, that the said tract of land so purchased by the said James Hunter of the said John Spotswood, part of the said entailed lands, be the same one thousand seven hundred and fifty acres more or less, according to the bounds before-described, be, and the same is hereby, vested in the said James Hunter, his heirs and assigns, for ever, to his and their own proper use. | |
| XII. And whereas it is represented that a large quantity of the said Orange and Culpeper lands remain unseated, and the quitrents and taxes thereof will be an annual burthen on the heir; and although it appears to have been Major-General Spotswood's intention that the said lands should be all settled with tenants, yet his executors being all dead, and the issue in taille an infant, it is doubted whether the same can be leased by his guardian aforesaid: Be it therefore further enacted, that the said Bernard Moore, or the guardian or guardians for the time being of the said Alexander Spotswood, the son, shall be, and he or they are hereby, authorised and empowered, at any time during his minority, to lease out any of the said entailed lands in the counties of Orange and Culpeper, for years, or for life or lives, on such conditions, with such covenants, and reservations of rents, for the benefit of the said Alexander Spotswood, the son, as the |
| said Major-General Spotswood had in his lifetime leased any of the said lands. | ||
| XIII. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons, bodies politick and corporate, their respective heirs and successours (other than the person and persons claiming under the will of the said General Spotswood) all such right, title, interest, claim, and demand, as they, every, or any of them, should or might claim if this act had never been made. | ||
| XIV. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XXIX. | ||
| ||
| I. WHEREAS John Robinson, Esq. 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 whom he shall give or devise the same by deed or Will, subject nevertheless to the power 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 forever, in case he 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 | Certain lands held in trust by John Johnson, added to city of
Williamsburg. [Should read "John Robinson."] |
| 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 of record in the Secretary's office; but in case he shall not pay such money then in trust, and to and from [for] the use and behoof of such said 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 sue 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, 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 power 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 nineteen acres and twenty-six poles of the said trust land, adjoining the southern bounds of the city of Williamsburg, into thirty-two lots, which he is desirous may be added to and made part of the said city; and that the said Philip Johnson is 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 nineteen acres and twenty-six poles so laid off into lots, which he is willing should be settled in lieu thereof. | |
| III. And whereas notice hath been published three Sundays successively, in the church of the said Parish of Bruton, that application would be made to this present general assembly, to vest the said nineteen acres and twenty-six poles of land in the said Philip Johnson in fee-simple, and to settle the said forty-three acres of land in lieu thereof pursuant to your Majesty's instructions: may it therefore please your most excellent majesty, at the humble suit of the said Philip Johnson, that it may be enacted, and Be it enacted, by the Lieutenant-Governour, Council, and Burgesses, |
| of the present General Assembly, and it is hereby enacted, by the authority of the same, That the said nineteen 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, to the only use and behoof of the said Philip Johnson, his heirs and assigns for ever; 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 the said 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. | |
| IV. And be it further enacted, by the authority aforesaid, That the said nineteen 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 on 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 be subject to the same jurisdiction, rules and government, with the other inhabitants of the said city. | |
| V. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politick and corporate, their respective heirs and successors, other than the person and persons claiming under the trust aforesaid, all such right, title, interest, property, claim and demand, as they, every, or any of them, should or might have had or claimed if this act had never been made. | |
| VI. Provided always, That the execution of this act shall be, and the same is hereby, suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. XXX. | ||
| ||
| I. WHEREAS Robert Carter, Esq. of the county of Lancaster, deceased, was in his lifetime seized in fee-simple of and in one certain tract or parcel of land, containing about twelve hundred and ten acres, with the appurtenances, lying and being in the parish of Southwark in the county of Surry, and by his last Will and testament in writing, bearing date the twenty-second day of August, in the year of our Lord one thousand seven hundred and twenty-six, by the description of the land, purchased of Mr. William Macon and his wife, and then in the possession of major Benjamin Harrison, did devise the same to his said daughter Anne for during her natural life, and to her second son, to be christened Carter, and to the heirs male issue of his body, and for want of such to a third son, and to the heirs male issue of his body, and for want of such to the eldest son of his said daughter Anne, and to the heirs male issue of his body, and for want of issue male of his said daughter Anne's body to his said Daughter's heirs female, and for want of issue male and female of his said daughter, then that the said land should go to his son Robert and to the heirs male issue of his body, and for want of such to his son Charles and the heirs male issue of his body, and for want of such to his son Landon and the heirs male issue of his body, and for want of such to his son George and the heirs male issue of his body, and for want of such to revert to the right heirs of him the said Robert Carter for ever, as by the said will, proved and recorded in the general court of this colony, is more fully contained: That after the death of the said Robert Carter, Anne his daughter became seized of the said land, and died leaving issue Benjamin Harrison, Esquire, her eldest son and heir, Carter Henry Harrison, her second son, who entered into and is now seized of the said land in | Entail of certain lands whereof Carter Henry Harrison is seized docked. |
| fee-taille, pursuant to the will of the said Robert Carter, and several other sons and daughters. | |
| II. And whereas the said lands are very inconvenient to him the said Carter Henry Harrison, and less capable of improvement than other lands which may be purchased with the money arising from the sale thereof, and the said Carter Henry Harrison hath agreed to sell the same to John Cocke, gentleman, of the county of Surry, for a thousand pounds, the full value thereof, and is desirous that the entail of the above-mentioned land should be docked, and that the said one thousand pounds to be paid by the said John Cocke should be placed in the hands of trustees, and that the said money should be laid out in the purchase of other more convenient lands; and as notice hath been published three Sundays successively, in the several churches of the said parish of Southwark, pursuant to your majesty's instructions, that application would be made to this general assembly to dock the entail of the said twelve hundred and ten acres, with the appurtenances, now commonly called and known by the name of Scotland neck; and Benjamin Harrison, in whom the remainder is now vested (Henry the third son of the said Anne, daughter of the said Robert Carter, dying an infant, and without issue) having consented thereto: | |
| III. May it therefore please your most excellent majesty, at the humble suit of the said Carter Henry Harrison, 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 of the same, That on the payment of one thousand pounds current money by the said John Cocke, gentleman, to the honourable Peter Randolph, Esquire, William Randolph, Archibald Cary and Bowler Cocke, gentlemen, who are hereby appointed trustees to put this act in execution, the said twelve hundred and ten acres of land, lying and being in the parish of Southwark, and the county of Surry, be, and the same are hereby, vested in the said John Cocke, his heirs and assigns, to the only use and behoof of him the said John Cocke, his heirs and assigns, for ever; which said sum of money the said trustees, the surviver or survivers of them, as soon as conveniently may be, after receiving the same, shall fairly lay out in the purchase of other lands: and the said trustees |
| the surviver or survivers to them, are hereby empowered and required to cause a deed or deeds to be executed for the said lands, so by them to be purchased, to the said Carter Henry Harrison; which said deeds shall recite the title and this act, and shall be acknowledged orproved and recorded in the manner prescribed by law; and the said Carther Henry Harrison, from and immediately after the executing and preforming of such deed or deeds, shall stand seized of the land so purchased, to such use and uses and of such estate; and the same shall pass in descent, reversion and remainder, according to the limitations and estate metnioned in the aforesaid Will of Robert Carter, Esquire, any thing contrary thereto in any wise notwithstanding. | |
| IV. And be it further enacted, by the authority aforesaid, That the slaves devised by the Will of the said Robert Carter, Esquire, to the said Carter Henry Harrison, shall descend and go with the lands to be purchased according to the directions of this act, in the same manner, and under the like limitations, as they would have done if this act had never been made. | |
| V. Saving to the king's most excellent majesty, his heirs and successours, and every other person and persons, bodies politick and corporate, their respective heirs and successours, all such right, title, estate, interest, claim and demand, of, in and to, any of the afore-mentioned lands, other than the persons claiming under the last Will and testament of the said Robert Carter, Esquire, as they or any of them should or might claim if this act had never been made. | |
| VI. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained. |
| CHAP. XXXI. | ||
| ||
| I. WHEREAS Gawin Corbin, late of the county of Westmoreland, gent. deceased, was in his lifetime seized in fee-simple of and in a tract of land containing about five hundred acres, situate in the parish of Christ's-church, in the county of Lancaster, and of several other tracts of land lying in the counties of Westmoreland, King George, and Fauquier, on which several tracts of land the said Gawin Corbin worked as many slaves as the same would reasonably bear, and was also seized in fee-simple of and in two undivided third parts of a tract of land, containing about three thousand acres, situate in the county of Caroline, which he held in common with Gawin Corbin, son and heir of John Corbin, gent. deceased, under the will of Gawin Corbin, formerly of the county of King and Queen, esq; and being so seized he, the first-mentioned Gawin Corbin, in and by his last will and testament in writing, bearing date the twenty-ninth day of October, in the year of our Lord one thousand seven hundred and fifty-nine, did give and devise all his estate, both real and personal, to his dear wife Hannah Corbin, during her widowhood and continuance in this country, she allowing his daughter Martha a genteel education and maintenance, at the discretion of his executors; but if his said wife should continue a widow until his daughter should marry, or come to the age of twenty-one years, then he desired his daughter might have one half of his estate; and if his wife should marry again, or leave this country, then he directed that she should have only one third part of his estate, during her life; and at her death he gave the same, together with what his daughter was to take, on the contingencies before-mentioned, unto his said daughter Martha, and the heirs of his body, | Executors of Gawin Corbin authorised to sell certain entailed lands and slaves. |
| for ever, provided she did not marry before she arrived to the age of twenty-one years, nor afterwards without the consent of her guardians, or the majority of them; and if his said daughter should die without issue, or marry under age, or without such consent as aforesaid, in either case he gave his estate one half to the two youngest sons of his brother Richard Corbin, esq; and their heirs, for ever; and the other moiety to the two youngest sons of his sister Johanna, the wife of Robert Tucker, gentleman, and their heirs, for ever: And further directed that, if his crops were not sufficient to pay his debts, his said lands in the county of Caroline should be sold for that purpose, and appointed his said wife Hannah Corbin, Richard Henry Lee, Thomas Ludwell Lee, and Francis Lightfoot Lee, gentlemen, and the said Richard Corbin, executors of his said will, and guardians of his said daughter Martha, as by the said will, duly proved, and remaining among the records of the said county-court of Westmoreland, may more fully appear; and soon after making the said will the said Gawin Corbin died seized of such estate as aforesaid, and possessed of a very small and inconsiderable personal estate. | |
| II. And whereas the debtors already demanded of the said executors as due from the said Gawin Corbin, at the time of his death, amount to one thousand five hudnred and thirteen pounds eight shillings and twopence sterling, and nine hundred ninety and eight pounds fifteen shillings and sixpence current money; and the executors having applied the testator's crops towards discharging the same, according to his will, there yet remains to be paid the sum of one thousand two hundred and ten pounds nine shillings and twopence sterling, mostly due to merchants residing in Great-Britain, and six hundred ninety and six pounds and nineteen shillings current money, which the several creditors are impatient to receive payment of; but, by reason of many disputes depending about the bounds of the said lands in the county of Caroline, and for want of a partition thereof between the representatives of the said Gawin Corbin and the heir of the said John Corbin, who is an infant, the said lands cannot now be sold for near their value, nor for a sum sufficient to pay the remaining balance of the debts, whereby the said executors, as they cannot until such sale apply any other part of the estate to the payment of the |
| debts, are likely to be involved in expensive lawsuits, and the creditors greatly delayed. | |
| III. And whereas the said lands in the county of Lancaster are mostly cut down, and the soil exhausted; but yet, from its situation and circumstances, the same might be sold immediately for more than the real value; and the said lands in the county of Caroline, being fresh, might be worked with slaves to a greater profit for the estate; and it hath been represented to this present General-Assembly that it will be greatly to the advantage of the widow and daughter of the said Gawin Corbin, as well as those claiming in remainder under his will, and greatly expedite the payment to his debts, if the said executors were allowed to sell the said tract of land in the county of Lancaster, and as many slaves as would raise money sufficient to pay the debts remaining due, and preserve the said lands in the county of Caroline, being of greater value, in lieu thereof, to the uses mentioned in the will of the said Gawin Corbin, to which sale the said Richard Corbin and Robert Tucker, in behalf of their infant children, to whom the remainder is limited as aforesaid, are consenting; and whereas notice hath been published three Sundays successively, in the several churches of the said parish of Christ's-church, that application would be made to this General-Assembly for leave to sell the said lands in the county of Lancaster and some slaves for the purposes aforesaid, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said executors, 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 of the same, That from and after the passing of this act the said tract of land in the county of Lancaster, whereof the said Gawin Corbin died seized, be, and the same is hereby, vested in the said Hannah Corbin, Richard Henry Lee, Thomas Ludwell Lee, Francis Lightfoot Lee and Richard Corbin, or the survivers or surviver of them, IN TRUST; that they or the major part of them, shall, as soon as it can be conveniently done, sell and dispose of the said lands for the best price that can be got, and convey the same to the purchaser or purchasers in fee-simple, and apply the money arising by such sale towards the payment of the debts remaining due |
| from the estate of the said Gawin Corbin; and that the said executors, or the major part of them, do afterwards sell as many of the slaves of the said Gawin as will pay the residue of the said debts, and render an account of such sales, and of their administration, to the county court of Westmoreland: and that the said two undivided third parts of the said tract of land in the county of Caroline, whereof the said Gawin Corbin died seized, be, and the same are hereby, vested in the said Hannah Corbin, and Martha Corbin, for such estates respectively, and subject to the like conditions, limitations and remainders, as are directed for the said lands in the county of Lancaster by the will of the said Gawin Corbin, deceased. | |
| IV. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons, bodies politick and corporate, their respective heirs and successours, other than the person and persons claiming under the will of the said Gawin Corbin, all such right, title, estate, interest, claim, and demand, as they, every, or any of them, should or might claim if this act had never been made. | |
| V. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained. | |
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| Pages 463-490
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