Pages 433-461 
|  Pages 491-516
|
| Pages 433-461
| Pages 491-516
|
| ANNO REGNI GEORGII III, Regis Magnæ Britanniæ, Franciæ, et Hiberniæ, secundo. | ||||
|
Francis Fauquier, Esq. Governor. | |||
 CHAP. I. An Act for further continuing the Regiment in the Service of this Colony. | ||||
| I. WHEREAS it is necessary that the regiment now in the service and pay of this colony should be further continued, and retained in the service of the government, from and after the first day of December next, to which time they now stand provided for, until the first day of may next: 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 continue and remain in the service and pay of this colony, from and after the said first day of December next, | The regiment further continued in service. |
| until the said first day of May next; and shall and may, by the direction of the governour or commander in chief for the time being, be disposed of for the protection of the frontiers of this colony, as he shall think most expedient. | |
| II. Provided nevertheless, that if any peace shall be concluded between his majesty and the Cherokee Indians, at any time before the said first day of May next, the said regiment shall, immediately on the notification thereof to the governour or commander in chief of this colony, be marched to Fort Lewis, in the county of Augusta, and there paid and disbanded; and that there shall also be paid and advanced to each soldier, over and above all pay then due to him, one full month's pay, the better to enable them to travel to the places of their respective residence, and shall not thereafter be deemed or taken to be in the service or pay of this colony. | Provided that on conclusion of a peace with the Cherokee Indians, they are to be disbanded. |
| III. And be it further enacted, by the authority aforesaid, that so much money as shall be necessary for defraying the charge of paying, subsisting, and other expenses of the said regiment, until the first day of May next, or until the same shall be disbanded in the manner herein before directed, shall be paid by 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 money arising from bills of exchange drawn, or to be drawn, in pursuance of an act of Assembly made in the last year of the reign of his late majesty king George the second, of happy and glorious memory, entitled, An Act for appointing persons to receive the money granted, or to be granted, by the parliament of Great Britain to his majesty for the use of this colony, to the amount of twelve thousand pounds, over and above all such sums as shall or may remain in the hands of the said treasurer of the money granted by an act passed at the last session of Assembly, entitled, An Act for recruiting and further continuing the regiment in the service of this colony, and for other purposes therein-mentioned, after the said first day of December next, to be accounted for to the General-Assembly. | How paid. |
| IV. 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 expenses | Commissioners to settle military accounts. |
| of the said regiment, be it further 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 expenses 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. | ||
| CHAP. II. | ||
| ||
| I. WHEREAS it is of the greatest importance to preserve the credit of the paper currency of this colony, and nothing can contribute more to that end than a due care to satisfy the publick that the paper bills of credit, or treasury notes, are properly sunk, according to the true intent and meaning of the several acts of assembly passed for emitting the same; and the establishing a regular method for this purpose may prevent difficulties and confusion in settling the public accounts, in case of a loss of the said bills or notes, by any unforeseen casualty, after they are paid into the treasury. | Preamble. | |
| II. And whereas the different tenours, or times of redemption fixed by the several acts of assembly directing the various emissions, render such a sinking of the treasury notes difficult to be accomplished, as it thereby becomes necessary to reserve annually in the treasury large sums of such paper notes as are paid in for taxes, in order to effect the purpose of redemption, when the several redeeming periods shall arrive; whereas, if the several times of redemption were reduced to one, the whole returns of the officers collecting the taxes might be destroyed, to the great |
| diminution of the paper currency, and of consequence to the greater value of what remains in circulation. | |
| III. 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 all the treasury notes now in circulation, which have been emitted by former acts of assembly, shall be redeemable on the twentieth day of October, one thousand seven hundred and sixty-nine, any other act or acts of assembly to the contrary, or seeming to the contrary notwithstanding. | Period fixed for redemption of treasury notes. |
| IV. And that Peyton Randolph, Esquire, Lewis Burwell, George Wythe, Robert Carter Nicholas and Benjamin Waller, gentlemen, or any three of them, be, and they are hereby appointed a committee, to examine, at least twice in every year (and oftener, if thereto desired by the treasurer, for the time being,) all such bills of credit or treasury notes as have been or shall be paid into the treasury, in discharge of the taxes on lands and tithables imposed by any former act of assembly; and on receipt of the said bills or notes the said committee shall give to the treasurer for the time being a certificate of the amount thereof, which shall avail the said treasurer in the settlement of his accounts as effectually, to all intents and purposes, as if he produced the said bills or notes themselves; and the said committee are hereby required and directed, so soon as they have given such certificates, to cause all such bills and notes to be burned and destroyed. | Committee for destroying treasury notes redeemed. |
| 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. | |
| CHAP. III. An Act for appointing a Treasurer. | |
| I. WHEREAS by one act of assembly made in the thirty-second year of the reign of his late majesty king George the second, John Robinson, Esquire, was appointed treasurer of the revenues arising from the duty on liquors, and slaves laid and imposed by any act or | John Robinson appointed treasurer. |
| acts of assembly of this colony, and of all other publick moneys payable to the treasurer of this colony for publick uses, by virtue of any other act or acts of assembly, to hold the said office of treasurer so long as he should continue speaker of the house of burgesses, and from the time of his being out of that office until the end of the next session of assembly. | |
| II. And whereas the said act will expire at the end of this session of assembly, and it being expedient that a treasurer should be appointed, Be it therefore enacted, by the Lieutenant-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, John Robinson, Esquire, shall be, and is hereby nominated, constituted and appointed, treasuuer of the revenues arising from the duties on liquors and slaves, and of all other publick monies payable to the treasurer to this colony for publick uses, by virtue of any act or acts of assembly, to hold the said office so long as he shall continue speaker of the house of burgesees, and from the time of his bine out of the said office to the end of the next session of Assembly; and the said John Robinson is hereby authorized, empowered and required, to demand, receive and take, of and from the several collectors of the said duties, all and every the sum and sums of money arising by force and virtue of the said acts, or any or either of them, and shall apply and utter the same to and for such uses, and on such warrants, as by the said acts for laying the said duties, or by any other act or acts of assembly, is or shall be appointed, or directed, and shall be accountable for the said money to the general assembly. | |
| III. And be it further enacted, by the authority aforesaid, That the salary of five pounds in the hundred, or so much as is or shall be by any special act or acts of assembly allowed and limited, and so proportionably for a greater or less sum, shall be allowed and paid to the said treasurer hereby appointed, out of all and every the sum and sums of money by him received, and accounted for to the general assembly as aforesaid; and that there shall be also allowed to the said treasurer, for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred and fifty pounds per annum, for his trouble and service therein. | Salary. |
| IV. Provided always, that the said treasurer, before he enters on his office, shall give such sufficient 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 from time to time to be received as aforesaid. | Bond and security. |
| V. And to the end a treasurer may not be wanting in case of the death, resignation or disability, of the treasurer hereby appointed, Be it further enacted, that in either of these cases it shall and may be lawful for the governour or commander in chief of this colony, with the advice of the council, for the time being, to appoint some other fit and able person to be treasurer of the duties, to hold the said office with all powers, authorities, salaries and profits aforesaid, until the end of the next session of assembly; which treasurer so appointed, shall, before he enters on his office, give the like security as is herein-before directed. | Vacancy how supplied. |
| VI. And whereas by an act passed in the thirty-third year of his late majesty's reign, entitled, An Act for granting the sum of twenty thousand pounds for the further security and protection of this colony, Peyton Randolph, Esquire, Robert Carter Nicholas, Benjamin Waller, Lewis Burwell and George Wythe, gentlemen, or any three, were appointed a committee to examine all such bills of credit or treasury notes, redeemable on the first day of March, one thousand seven hundred and sixty-five as had been or should be paid into the treasury in discharge of the duties and taxes imposed by any former act of assembly, and on receipt of the said bills or notes the said committee should give to the treasurer for the time being a certificate of the amount thereof, which should avail the said treasurer in the settlement of his accounts as effectually to all intents and purposes, as if he produced the said bills or notes themselves; and the said committee were thereby required and directed, so soon as they had given such certificate, to cause all such bills or notes to be burned and destroyed. | |
| VII. And whereas the committee appointed by the said act hath no power to burn or destroy any other bills or notes than such as are redeemable on the said first day of March, one thousand seven hundred and sixty-five, Be it therefore enacted, by the authority aforesaid, That the said committee shall have full power to | Power of committee to destroy treasury notes destroyed, enlarged. |
| examine and destroy any other bills or notes that shall be produced to them by the treasurer, and give him a certificate, as by the said act is directed. | ||
| CHAP. IV. | ||
| ||
| I. WHEREAS the Mayor, Recorder, Aldermen and Common Council of the city of Williamsburg, have represented to this present General Assembly that it may prove of great service, and very much conduce to the preservation of the said city, if wells were sunk and pumps fixed in different parts thereof, and always kept up in proper order and repair, to supply the fire engine with water, in case of fires; and that they are desirous the same should be done, for the use of the said city, at the charge of the inhabitants of the corporation, but it is doubted whether they have power by their charter to assess a tax on the said inhabitants for that purpose, or for any other needful occasion of the city, when their chamber is deficient. | Common hall of city of Williamsburg, authorized to assess taxes. | |
| II. 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 it shall and may be lawful for the mayor, recorder, aldermen and common council, of the said city of Williamsburg, for the time being, in common hall assembled, to levy and assess by the Poll, on the tithable persons inhabiting within the said city, all such sum and sums of money as shall be sufficient for defraying the charge of sinking so many wells as they shall think necessary within the said city and fixing |
| pumps therein, if their chamber shall be deficient, and also to appoint a collector of the same. | |
| III. And be it further enacted, by the authority aforesaid, That it shall and may be awful for the mayor, recorder, alderman and common-council, of the said city, in common hall assembled, from time to time, and at any time hereafter, to levy and assess by the poll, on the tithable persons inhabiting the said city, all such other sum and sums of money as they shall or may find it necessary to raise, for defraying the charges and expenses of any publick buildings, or other necessary conveniences, for the public use and benefit of the inhabitants of the said city, and in the like manner to appoint a collector or collectors of the same, and if any person or persons shall refuse or neglect to satisfy and pay the money so on him, her or them, levied and assessed, according to the time appointed for the payment thereof, it shall and may be lawful to and for such collector, by warrant under the hand of any magistrate of the said city, to levy the money so due by distress and sale of the delinquent's goods, in the same manner as for non-payment of publick and county levies in this colony. | |
| IV. And whereas the streets in the said city of Williamsburg are in so ruinous a condition as to render it unsafe to pass in the night time in any coach or other carriage, Be it enacted, by the authority aforesaid, that it shall and may be lawful for the mayor, recorder, aldermen and common council, of the said city, and they are hereby required, to lay out and apply so much of the money to be raised by this act as shall be sufficient to repair and keep in good order the streets and lanes in the said city. |
| CHAP. V. | ||
| ||
| I. WHEREAS it is represented to this present General-Assembly that the glebe of the parish of Hanover, in the county of King-George, is very mean land, and the buildings thereon in a ruinous condition, and that it would be very advantageous to the minister, as also to the inhabitants of the said parish 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. | Vestry of Hanover parish in King George authorized to sell their Glebe. | |
| II. Be it therefore enacted by the Lieutenant-Governour, Council & 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 Hanover, 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 any sum that can be got for the same above two hundred pounds, but not under that sum, 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. | ||
| III. 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 Hanover, for the time being, for ever. |
| CHAP. VI. | ||
| ||
| I. WHEREAS by an act of the general-assembly of this colony, passed in the first year of the reign of his present majesty, entitled, an act for further enlarging the town of Dumfries, in the county of Prince-William, part of the lands contiguous to the said town, which were in the possession of Bertrand Ewell, of the said county, were added to and made part of the said town, adn vested in the trustees, who were empowered to lay the same off into streets and lots, and to sell the same at publick auction, to the highest bidder for ready money, to be paid by the purchasers thereof to the said trustees, and to be by them paid to the said Bertrand Ewell. | Act for enlarging town of Dumfries explained. | |
| II. And whereas, before the passing of the said last in part recited act, the same lands, so vested in the trustees as aforesaid, were under mortgage to George Hancock, as a security for the payment of the purchase money, of whom the said Bertrand Ewell bought the same, by deeds duly proved and recorded; which said deeds of mortgage were by the said George Hancock, for a valuable consideration bona fide paid, assigned over to John Baylis, of the county of Prince William, gentleman, who since the said assignment was made, and before the passing of the said in part recited act, had actually presented his suit in the general court of this colony in chancery, to foreclose the said mortgage, and to exclude the said Bertrand Ewell from all equity of redemption thereof. | Rights of John Baylis as assignee of George Hancock. | |
| III. And whereas it would be extremely unreasonable and unjust that the money arising from the sales of the said lots should be paid to the said Bertrand Ewell pending the said suit, by which means the said John Baalist, assignee, under the said mortgage, would be totally deprived of any security he might have for the said debt: 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 trustees shall be, and are hereby authorized and empowered, to |
| retain all such sums of money in their hands as may arise from the sales of the said lots, until the suit in chancery as aforesaid shall be determined; and as soon as conveniently may be, after the receipt thereof, may lend the same money from time to time on interest, to such persons as are willing to take the same, giving good bond, with sufficient security, which said bonds shall be made payable to the said trustees and their successours, for the uses aforesaid, subject to the determination & decree of the said general court in the said suit, any thing in the said act to the contrary, or seeming to the contrary thereof, in any wise notwithstanding. | ||
| CHAP. VII. | ||
| ||
| I. WHEREAS the erecting towns on the frontiers of this colony may prove of great benefit and advantage to the inhabitants, by inducing many of them to settle together, which will enable them the better to defend themselves on any sudden incursions of an enemy; and where it hath been represented to this present general Assembly that William Beverley, Esquire, deceased, did in his lifetime lay out a parcel of land in the county of Augusta, at the court-house of the said county, into lots and streets for a town, and did some time afterwards give to the said county twenty-five acres of land more, adjoining the said former lots, to be added to and made part of the said town, which hath also since been laid off into lots and streets, most of which are now disposed of, and many families are settled there; and that William Callaway, gentleman, hath made a free gift of one hundred acres of land to the county of Bedford, adjoining the Court-House of the said county, to be settled into a town, which hath since been laid off into lots and streets, by order of | Towns of Staunton, in the county of Augusta; of New London, in Bedford, and of Strasburg in Frederick established. |
| the Court of the said county, many of which are already sold and settled, and it is likely to become a flourishing town, being commodiously situated for trade; and that Peter Stover, of the county of Frederick, hath laid out a certain quantity of his lands in that county into lots and streets for a town, where many families are already settled: 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 land so laid off by the said William Beverley in the county of Augusta, and the lands so laid off in the counties of Bedford and Frederick, shall be, and are hereby, respectively established towns; and that the said town, in the county of Augusta, shall be called and known by the name of Staunton, and that the town in the county of Bedford shall be called and known by the name of New-London, and the town in the said county of Frederick by the name of Strasburg, and that the freeholders and inhabitants of the said towns shall enjoy the same privileges which the freeholders of other towns erected by act of Assembly enjoy. | |
| II. And whereas the allowing Fairs to be kept in the said towns will be very commodious to the inhabitants of those parts, and greatly increase their trade, Be it therefore further enacted, by the authority aforesaid, That for the future two fairs shall and may be annually kept in the said towns of Staunton and Strasburg on the second Tuesday in June and November, and for the said town of New-London on the fourth Thursday in May and November, in every year, and to continue for the space of two days, for the sale and vending of all cattle, victuals, provisions, goods, wares and merchandises, whatsoever; on which Fair days, and on two days next before, and two days next after the said Fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares and merchandises, shall be exempt and privileged from all arrests, attachments and executions, whatsoever (except for capital offences, breaches of the peace, or for any controversies, suits or quarrels, that may arise and happen during the said time) in which case process may be immediately issued, and proceedings thereon had, in the same manner as if this act had never been made, any thing herein | Fairs to be kept. |
| before-contained to the contrary thereof notwithstanding. | |
| III. Provided always, That nothing herein contained shall be construed, deemed or taken, to derogate from, alter or infringe, the royal power or prerogative, of his majesty, his heirs and successours, of granting to any person or persons, bodies politick or corporate, the privileges of holding Fairs or markets in such manner as he or they, by his or their royal letters-patent, or by his or their instructions to the governour or commander in chief of this dominion for the time being, shall think fit. | |
| IV. 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 either of the said towns, any wooden chimnies; and if any person already hath or shall presume to erect or build any wooden chimnies, in either of the said towns, it shall and may be lawful for the Sheriff of the respective counties, and he is hereby required, to cause every such chimney to be pulled down and demolished: Provided nevertheless, That no wooden chimney already built shall be pulled down before the first of August next. | Wooden chimnies not to be built. |
| V. And whereas it is necessary that trustees should be appointed for the said towns hereby erected, Be it further enacted, by the authority aforesaid, That William Preston, Israel Christian, David Stewart, John Brown, John Page, William Lewis, William Christian, Eledge M'Clanahan, Robert Brackenridge and Randal Lockheart, gentlemen, be, and they are hereby nominated, constituted and appointed, trustees for the said town of Staunton, in the county of Augusta; and Benjamin Howard, Richard Callaway, William Meade, John Payne, Junior, William Stamps, Jeremiah Early and James Callaway, gentlemen, for the said town of New-London, in the county of Bedford; and William Miller, Matthew Harrison, Jacob Bowman, Valentine Smith, Charles Buck, Peter Stover, Isaac Hite, Leonard Baltice, John Funk and Philip Huffman, gentleman, for the said town of Strasburg, in the county of Frederick: And the said trustees, or any three of them, respectively, shall and may, and they are hereby authorized and empowered, to make from time to time such rules, orders and directions, for the regular and orderly building the houses in the | Trustees appointed. |
| said towns respectively as to them shall seem expedient, and also to settle all disputes and controversies concerning the bounds of the lots in the said towns respectively. | ||
| VI. And, for continuing the succession of the said trustees, Be it further enacted, That in case of the death of any of the said trustees, or their refusal to act, the surviving or other trustees, or the major part of them, shall assemble, and are hereby empowered, from time to time, by instrument in writing under their respective hands and seals, to nominate some other person or persons in the place of him so dying or refusing; which new trustees, so nominated and appointed, shall from thence forth have the like power and authority in all things relating to the matters herein contained, as if he or they had been expressly named and appointed in and by this act: And every such instrument and nomination shall, from time to time, be inserted and registered in the books of the said trustees. | Vacancies how supplied. | |
| CHAP. VIII. | ||
| ||
| 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 allowances, 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 them by the county, for which they serve respectively, | Burgesses wages payable in money. |
| besides an allowance for divers days of travelling to and from the General Assembly, as in the said act is particularly mentioned. | |
| 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 on 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 should 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 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 low circumstances of the Treasury, there is not sufficient in the hands of the Treasurer to discharge pay the wages of the Burgesses for this present session in money, according to the letter of the said 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 poorer sort of people, by lessening the levy by the poll: 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 Burgesses wages for this present session of Assembly shall be paid by the treasurer, on the twenty-fifth day of April 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. | At what time. |
| CHAP. IX. | ||
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| I. WHEREAS by one act of the General-Assembly, made in the eighth year of the reign of his late majesty King George the second, entitled, An Act to vest part of the estate of Robert Carter, Esquire, deceased, devised to Robert Carter the younger, who died in his lifetime, in Robert Carter the son, and heir of the said Robert Carter the younger, and to make provision for Priscilla Carter, the widow of the said Robert Carter the younger, and Elizabeth his daughter, Robert Carter, Esquire, the Grandson in the said act named, is seized of and in a certain tract or parcel of land called Hawkins's, containing five hundred and twenty-six acres, lying on the head of Nomony river, in the parish of Cople, in the county of Westmoreland, being one of the messuages, tenements, plantations, tracts of land, and other hereditaments, in the said act mentioned, to be devised by the last Will and Testament and Codicils of the said Robert Carter the elder to the said Robert Carter the younger, with the appurtenances, as tenant in taille-male, with divers remainders over in taille. | Entail of certain lands, whereof Robert Carter Esq. is seized, docked. | |
| II. And whereas the said Robert Carter, the Grandson, is seized of six thousand and thirty acres of land on a branch of Occoquan called Bull-Run, lying in the counties of Prince-William and Loudoun, with the appurtenances, as tenant in fee-simple, and it will be for the advantage and benefit of the heir in taille to dock the entail of the said land called Hawkins's, whereby the said Robert Carter, the Grandson, may be enabled to exonerate his whole entailed estate of certain encumbrances charged thereon by the said act, and it will do no injustice to those claiming in remainder and reversion under the Will of the said Robert Carter the elder, to settle to the same uses part of the said lands whereof the said Robert Carter, the Grandson, is seized as tenant in fee simple, being of greater value than the said land called Hawkins's, exclusive |
| of the improvements made thereon by the said Robert Carter, the Grandson. | |
| III. And forasmuch as notice hath been published three Sundays successively in the church of the said parish of Cople, that application would be made to this General-Assembly to dock the entail of the said land called Hawkin's, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said Robert Carter, the Grandson, 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 tract or parcel of land called Hawkins's, containing five hundred and twenty-six acres, lying on the head of Nomony river, in the parish of Cople, in the county of Westmoreland aforesaid, be, and the same is hereby, vested in the said Robert Carter the Grandson, and his heirs and assigns, in fee-simple, to the only use and behoof of the said Robert Carter the Grandson, and his heirs and assigns, for ever; and that part of the above mentioned six thousand and thirty acres of land, lying in the county of Prince-William aforesaid, the bounds of which part are as follow, that is to say: Beginning at a small parsimon tree, corner to a tenement now in the possession of William White, thence north fifty-one degrees west eighteen poles, thence north sixteen degrees and half a degree west eight hundred and ten poles to a double-bodied Spanish Oak on Muddy-Lick Branch, thence down the said branch to Bull-Run thence down Bull-Run to the mouth of Stripling's Branch, thence crossing the said branch to a small ash tree near the mouth of the said branch, thence south sixteen degrees and half a degree east fifty poles to a red oak, thence south thirty-eight degrees and half a degree west to the beginning, within which bounds are included fifteen hundred acres and upwards, be, and the same is hereby, vested in the said Robert Carter the Grandson, and the heirs male of his body lawfully begotten; and on failure of such heirs the same shall remain and descend to such person and persons, in the same manner, and under the same limitations and remainders, successively, as the said land called Hawkins's would have remained and descended, by |
| virtue of the above-mentioned act of General Assembly, if this act had not been made. | ||
| 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 persons claiming under the said act of General-Assembly, all such right, title, interest, claim, and demand, as they, every, or any of them, should claim, if this act had not been made. | ||
| V. Provided always, That the execution of this act shall be, and it is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. X. | ||
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| I. WHEREAS Mann Page, late of Rosewell, in the county of Gloucester, Esquire, deceased, was in his lifetime seized of a very large valuable estate in lands, lying in different parts of this colony, and particularly of and in a tract of land called Mahixon, in the parish of St. Paul and county of Hanover, containing about nine hundred and fifty acres; a tract of land called Claiborne's Neck, in the parish of St. David and county of King-William, containing about two thousand acres; and a tract of landl ying near Hobb's Hole, in the county of Essex, containing about thirteen hundred and eighty acres; and being so seized he, the said Mann page, in and by his last Will and Testament, in writing, bearing date the twenty-fourth day of January, one thousand seven hundred and thirty, did, amongst other things, give and devise the said two tracts of land called Mahixon and Claiborne's Neck unto his son Ralph Page, and the heirs of his | Entail of certain lands, whereof Mann Page, Esq. is seized, docked. |
| body lawfully begotten, and in failure thereof to his son Mann Page, and the heirs of his body lawfully begotten, with several remainders over, in case of the death of the said Mann page the son without issue; and did also give and devise, among other things, unto his said son Mann page, and the heirs of his body, with several remainders over, in case of failure of his issue, the said tract of land near Hobbs's Hole, in the county of Essex, as in and by the said Will may more fully appear. | |
| II. and whereas soon after the death of the said testator his said son Ralph Page departed this life, without issue, whereby the said Mann page departed this life, without issue, whereby the said Mann Page the son became seized in fee-taille as well of the said lands called Mahixon's and Claiborne's Neck as of the said tract in the county of Essex; and whereas by an Act of Assembly made in the eighteenth year of the reign of his late majesty King George the second, of happy and glorious memory, entitled, An Act to enable Mann Page, Esq. to sell and dispose of certain entailed lands, to raise money for the payment of his Father's debts and performance of his Will, and for other purposes therein mentioned, the said thirteen hundred and eighty acres of land in the county of Essex were, with other lands, vested in the said Mann page the younger, in trust that he, his executors or administrators, should sell the said lands to any person willing to purchase the same, and execute all deeds and conveyances necessary in the law for assuring unto such purchaser a good estate in fee-simple therein, and apply the money arising from such sale in the first place for and towards the payment and discharge of the debts of the said testator Mann Page the younger the money then remaining unpaid, and for reimbursing the said Mann Page the younger the money by him before that time advanced towards the payment of his said Father's debts, and afterwards for and towards the payment of the several legacies given and devised by the said testator to his younger children, as in the said act more fully is contained. | |
| III. And whereas, pursuant to the said in part recited act of assembly, the said Mann Page the younger did sell and convey the said thirteen hundred and eighty acres of land in the county of Essex to the honourable Richard Corbin, Esquire, and having applied the money to the uses mentioned in the said act |
| did repurchase the said lands of the said Richard Corbin, and is now seized thereof in fee-simple, and is also possessed in his won right of the following slaves, now employed on the said lands, to wit, six men, called Robin, Natt, Jack, Harry, Abraham and Roger; twelve women, called Alice, Beck, Judy, Sarah, Susannah, Phillis, Bess Rose, Alice, Winney, Hannah, and Patt; seventeen boys, called John, Lewis, John, Michael, Will, Natt, Ralph, Allen, John, Will, Ned, James, Ben, Jacob, Billy, Roger and Phill; and eighteen girls, called Kate, Sarah, Rachel, Beck, Pat, Juno, Nan, Milley, Amey, Joan, Peg, Dorinda, Fanny, Jenny, Ursilla, Unity, Phillis and Letty; and it hath been represented to this present General Assembly that it will be greatly to the advantage of the said Mann Page, and his family, to dock the entail of the said two tracts of land, called Mahixon and Claiborne's Neck, in the counties of Hanover and King-William, and to settle the said lands in the county of Essex, together with the several slaves aforesaid, to be annexed thereto, being of greater value, to the same uses. | |
| IV. And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parishes of St. Paul and St. David, that application would be made to this Assembly to dock the entail of the said two tracts of land, in the counties of Hanover and King William, and to settle other lands and slaves in lieu thereof, being of greater value, to the same uses, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of Mann Page, 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 tract of nine hundred and fifty acres of land, called Mahixon's in the county of Hanover, and the said tract of two thousand acres of land, called Claiborne's-Neck, in the county of King William, be, and the same are hereby, vested in the said Mann page, his heirs and assigns, to his and their own proper use and behoof, for ever; and that the said tract of thirteen hundred and eighty acres of land, near Hobbs's-Hole, in the county of Essex, together with the several slaves aforesaid, annexed |
| thereto, and their future increase, shall be, and the same are hereby, vested in the said Mann Page, and the heirs of his body lawfully begotten, for ever; and in default of such heirs, the same shall pass and go together to such person and persons as the said lands in the counties of Hanover and King William would have descended and come to, under the limitations in in the Will of the said Mann Page the elder, if this act had never been made. | ||
| V. 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, other than the persons claiming under the Will of the said Mann Page the elder, all such estate, right, title, or interest, as they, every, or any of them, could or might claim or demand, if this act had not 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. XI. | ||
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| I. WHEREAS Thomas Todd, formerly of the county of Gloucester, deceased, was in his lifetime seized in fee of and in divers tracts of land, lying and being in the counties of King and Queen and Gloucester, and particularly of a large tract of land lying on Mattapony river, in the parish of Drysdale, and county of King and Queen, and being so seized made his last Will and testament, in writing, bearing date the fourth day of March, one thousand seven hundred and twenty-two, and thereby did, among other things, devise the said tract of land in King and Queen county to his two sons William and Philip Todd, to be equally | Certain entailed lands vested in Bernard Moore, Esq. in fee-simple. |
| divided between them, to hold to them each a moiety as tenants in common, and to the heirs male of their respective bodies, with cross remainders to the surviver, and their heirs male of his body, in case either of them should die without such male issue, as in and by the said Will may more fully appear. | |
| II. And whereas by the death of the said Philip Todd, without issue male, the said William Todd became seized of the whole tract of lands aforesaid, and died so seized, leaving issue Thomas Todd, gentleman, his eldest son, and heir, who is also since dead; and the said lands are descended and come to William Todd, gentleman, his eldest son, and heir male, who is also seized of divers other entailed lands, by virtue of the Will of the said Thomas Todd the elder, which he is not able to cultivate and improve, for want of slaves: And in order to purchase such slaves hath come to an agreement with Bernard Moore, of the county of King William, Esquire, to sell him three hundred and ninety acres, part of the said tract in the parish of Drysdale, lying at the upper end of the said tract, & on the south or lower side of Mattapony Run, and bounded and described in and by a plat and survey thereof made by William Parry, surveyor of the said county of King and Queen, and recorded in the Court of the said county, for which land the said Bernard Moore hath agreed to pay the sum of two hundred ninety and two pounds ten shillings, current money; and it will be to the advantage of the said William Todd, and those claiming in remainder or reversion under the Will of the said Thomas Todd the elder, to vest the said three hundred and ninety acres of land in the said Bernard Moore in fee-simple, and to lay out the said money in the purchase of slaves, to be annexed to the remaining entailed lands, and settled to the same uses. | |
| III. And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of Drysdale, that application would be made to this Assembly to dock the entail of the said three hundred and ninety acres of land, pursuant to your majesty's instructions: May it therefore please your most excellent majesty at the humble suit of the said William Todd and Bernard Moore, that it may be enacted, and Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, |
| and it hereby enacted by the authority of the same, That the said three hundred and ninety acres of land, so purchased of the said William Tood, be, and are hereby, vested in the said Bernard Moore, his heirs and assigns, to his and their own proper use and behoof, for ever; and that the said two hundred and ninety-two pounds ten shillings current money shall be by the said Bernard Moore forthwith paid to John Baylor, Carter Braxton, Edmund Pendleton, Benjamin Grymes and John Syme, gentlemen, IN TRUST; that they, or any three of them, shall, as soon conveniently may be, lay out the same in the purchase of negroe slaves, one half of which to be female, which slaves so to be purchased shall be placed and settled on the residue of the said entailed lands, and the said trustees shall deliver in the names and number of such slaves so to be placed and settled, with an account of the purchase money thereof, into the court of the said county of King and Queen, there to be recorded; and for ever afterwards all the said slaves, and their increase, shall be annexed to the remaining entailed lands, and shall pass in descent, remainder and reversion, to such person and persons, and for such estate or estates, as the said remaining entailed lands shall or may pass or descend, by force of the said last will and testament of the said Thomas Todd the elder. | |
| 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 persons claiming under Will of the said Thomas Todd the elder, 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 That the execution of this act shall be suspended, until his majesty's approbation thereof shall be obtained. |
| CHAP. XII. | ||
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| I. WHEREAS Unity Dandridge, late of the county of King-William, widow, was in her lifetime, and at the time of her death, seize 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, gentleman, during her natural life, her lands and plantations on Mill-Creek, in the parish of St. Martin, and county of Hanover, containing about eight hundred acres: also a tract of land in Blackwell's Neck, in the parish of St. Paul, and county of Hanover aforesaid, containing about four hundred acres; and a tract of land purchased by her of col. Francis West, lying in King William county, containing about four hundred acres; and the said testatrix did further direct that her said daughter Elizabeth Claiborne, at her decease, might dispose of the said lands to her children as she should think proper, and to their heirs for ever. | Certain lands vested in Philip Whitehead Claiborne. | |
| II. And whereas the said Philip Whitehead Claiborne is seized in fee-simple of and in a tract of land, containing about one thousand three hundred and seventy acres, lying and being in the county of Amelia, which was purchased by him of John Jones, and conveyed by deeds recorded in the said county court of Amelia; and is also possessed of the following negro slaves, to wit, a woman named Alley, and a girl named Lucy; and it will be greatly to the advantage of the children of the said Philip Whitehead Claiborne, and 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 said daughter Elizabeth, in the said Philip Whitehead Claiborne in fee simple, and to settle the said thirteen hundred and seventy acres of land in the county of Amelia, together with the slaves aforesaid, to be disposed of by the said |
| Elizabeth Claiborne according to the will of the said Unity Dandridge, to which the said Elizabeth Claiborne is consenting. | |
| III. And forasmuch as notice has been published three Sundays successively, in the several churches of the siad parishes of St. Martin and St. Paul, that application would be made to this present general assembly to vest the said lands in the county of Hanover in the said Philip Whitehead Claiborne in fee-simple, and to settle the other lands and slaves in lieu thereof to the same uses, pursuant to your majesty's instructions: may it therefore please your most excellent majesty, at the humble suit of the said Philip Whitehead Claiborne and Elizabeth his wife, 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 lands and plantations on Mill-Creek and in Blackwell's Neck, in the said county of Hanover, devised by the said Unity Dandridge to her said daughter Elizabeth Claiborne, 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 thirteen hundred acres of land in the county of Amelia, whereof the said Philip Whitehead Claiborne is seized, together with the several slaves herein-before named, and their future increase, shall be, and the same are hereby, made liable and subject to the disposal of the said Elizabeth Claiborne, in the same manner as the said lands in the county of Hanover could or might have been disposed of under the will of the said Unity Dandridge, if this act had never been made. | |
| 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, other than the persons claiming under the will of the said Unity Dandridge, 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 not 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. |
| CHAP. XIII. | ||
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| I. WHEREAS Charles West, late of the county of King William, gentleman, deceased, as in his lifetime seized in fee-simple of and in a tract of land containing about four thousand acres, situate between the two branches of York river, called Mattapony and Pamunkey, and adjoining the town of Delaware, commonly called West Point, in the parish of St. John, in the county of King William; and being so seized, by his last will and testament, in writing, bearing date the twenty-eighth day of September, one thousand seven hundred and thirty-four, did devise all his lands, wherever they were, unto his mother Judith Butts, and after her decease unto his kinsman Thomas West, and the heirs male of his body lawfully begotten, for ever; and in case of failure thereof to his brother Francis West, and the heirs male of his body, for ever; as by the said will may, amongst other things, more fully appear. | Entail of certain lands whereof John West is seized, docked. | |
| II. And whereas after the death of the said testator, and of his said mother Judith Butts, the said Thomas West entered into the lands aforesaid, and died seized thereof, leaving issue John West, gentleman, his eldest son, and heir male, who is now seized of the said lands, but is not able to cultivate and improve the same, for want of slaves; and it will be greatly to the advantage of the said John West, and those claiming in remainder or reversion under the will of the said Charles West, that part of the said lands should be sold, and the money arising thereby applied in purchasing slaves, to be annexed to the residue, and settled to the same uses. | ||
| III. And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of St. John, that application would be made to this present general assembly to dock the entail of one thousand acres of land, part of the tract |
| aforesaid, pursuant to your majesty's instructions: may it therefore please your most excellent majesty, at the humble suit of the said John West, 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 eight hundred and twenty acres of high land, and one hundred acres of marsh, part of the tract of land above-mentioned, & bounded as followeth, to wit: beginning on Mattapony river, at the mouth of a creek called Winfrey's creek, and running up the said creek and the Hog-Pen branch to a white oak; thence south twenty-three degrees west, one hundred poles, to a white oak and red oak; thence north eighty-one degrees west, four hundred poles, to two maples, on the south side of the cypress swamp; thence up the said swamp to a corner gum saplin; thence north sixty-six degrees east, two hundred and ten poles, to a gum saplin, at the head of a small branch of Noy's branch or creek; thence down the water course of the said branch or creek through the marsh to Mattapony river, and down the said rive to the beginning; with the appurtenances, be, and are hereby, vested in Bernard Moore, Peter Robinson, Philip Whitehead Claiborne and Carter Braxton, gentlemen, IN TRUST; and they, or any three of them, shall be, and are hereby, authorized and enabled to sell, to any person or persons willing to purchase the same, and for the best price that can be got, the said one thousand acres of land, with the appurtenances, and to execute deeds or conveyances necessary in the law for assuring unto such purchaser or purchasers a good estate in fee-simple in the said lands; and such purchaser or purchasers shall afterwards peaceably and quietly have, hold and enjoy, the lands so purchased, to them, their heirs and assigns, for ever. | |
| IV. And be it further enacted, That the money arising by such sale shall be by the said trustees laid out, as soon as conveniently may be, in the purchase of negro slaves, one half of which to be female; and the said slaves so purchased shall be forthwith placed and settled on the residue of the said entailed lands, and the said trustees shall deliver in the names and number of such slaves so to be placed and settled, with an account of the purchase money thereof, into the court of the said county of King William, there to be recorded: |
| and for ever afterwards all the said slaves, and their increase, shall be annexed to the remaining entailed lands, and shall pass in descent, remainder and reversion, to such person and persons, and for such estate or estates, as the said remaining entailed lands shall or may pass and descend, by force of the last will and testament of the said Charles West. | |
| V. 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, other than the persons claiming under the will of the said Charles West, 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. |
| Pages 433-461
| Pages 491-516
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