Pages 563-589 
|  Pages 614-638
|
| Pages 563-589
| Pages 614-638
|
| CHAP. XVI. | ||
| ||
| I. WHEREAS the act of assembly made in the first year of his present majesty's reign, entitled, An act to oblige the owners of mills, hedges, or stone-stops, on sundry rivers therein-mentioned, to make openings or slopes therein for the passage of fish, hath been found defective, and not to answer the purposes for which it was intended, and it is therefore necessary that the same should be amended: 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 owner or proprietor of all and every mill, hedge, or stone-stop, on either of the rivers Nottoway and Meherrin, shall, in the space of nine months from and after the passing of this act, make an opening or slope in their respective mill dams, hedges or stops, in that part of the same where there shall happen to be the deepest water, which shall be in width at least ten feet in the clear, in length at least three times the height of the dam, and that the bottoms and sides thereof shall be planked, and that the sides shall be at least fourteen inches deep, so as to admit a current of water through the same twelve inches deep, which shall be kept open from the tenth day of February to the last day of May in every year. | Recital of former act. Owners of mills on Nottoway & over Meherrin, to make slopes through their dams. | |
| II. And be it further enacted, by the authority aforesaid, That if any such owner or proprietor shall neglect or refuse so to do, within the time aforesaid, the person so offending shall forfeit and pay the sum of five pounds for every day he or they shall so neglect or refuse; one moiety whereof shall be to our sovereign lord the king, his heirs and successors, for the use of the county where the offence shall be committed, and shall be applied and disposed of by the court of such county for and towards building bridges over | Penalty for neglect. |
| either of the said rivers Nottoway and Meherrin respectively, and keeping them in repair, and the other moiety to the informer, to be recoved by action of debt or information in any court of record within this colony. | |
| III. And be it further enacted, by the authority aforesaid, That every such owner and proprietor of any mill on the river Appamattox shall, in like manner, keep such openings or slopes in their respective mill-dams, for the passage of fish, of the same dimensions, and to be built and placed in the same manner and form, and to be kept open for the same space of time, as is herein before directed for such openings or slopes on the rivers Nottoway and Meherrin; and that every such owner or proprietor who shall neglect or refuse so to do, within the time aforesaid, shall forfeit and pay the like sum of five pounds for every day he or they shall so neglect or refuse; to be sued for and recovered, applied and appropriated, in the manner herein after directed. | Provisions of this act extended to Appamattox. |
| IV. And be it further enacted, That every such owner or proprietor of any mill on the said river Appamattox, above Atkinson's mill, shall, within the space of nine months from and after the passing of this act, build and place a lock in their respective mill dams sufficient for the passage of boats and canoes, of sch dimentions, and to be placed in such part of their respective dams, as shall be ordered and directed by the persons herein after named and appointed trustees for clearing the said river Appamattox, or the major part of them; and if any such owner or proprietor shall neglect or refuse so to do, within the time aforesaid, he shall forfeit and pay the sum of forty shillings for every week he or they shall so neglect or refuse: And it shall and may be lawful to & for the said trustees to sue for and recover all such penalties and forfeitures arising on the said river Appamattox, and to which such owners or proprietors on that rive shall be subject, in the name of the trustees appointed for clearing Appamattox river, in any court of record within this colony; and shall apply the same for and towards clearing the said river, and to no other use or purpose whatsoever. | Penalty for neglect. |
| V. And be it further enacted, by the authority aforesaid, That if any person or persons shall hereafter erect or raise any mill, hedge or stone-stop, on either | Like openings or slopes in mill |
| of the rivers Nottoway or Meherrin, or any mill on the said river Appamattox, every such person or persons shall have the like opening or slope in the same as is hereby before directed: And also that if any person or persons shall hereafter build any mill on the said river Appamattox, either above the said Atkinson's mill, or below the same, as the said river shall or may from time to time happen to be cleared and made navigable, such person or persons shall, in like manner, build a lock therein, in such part of their said mill-dams as shall be directed by the said trustees; and in case of neglect or failure shall be subject and liable to the same penalties and forfeitures respectively as the owners of mills, hedges, or stone-stops, already built and raised in the said rivers, are by this act subjected and made liable to; to be recovered, appropriated and applied, respectively, in the manner herein before directed. | dams hereafter to be erected over Appamattox. |
| VI. And be it further enacted by the authority aforesaid, That Archibald Cary, Richard Eppes, Thomas Tabb, Robert Bolling, Peter Legrand, Ryland Randolph, Thomas Nash, William Archer, Christopher Hudson, Alexander Trent, & John Morton, Gentlemen, shall be, and they are hereby nominated, constituted and appointed trustees for clearing the said river Appamattox; and they are hereby authorized and empowered to take and receive subscriptions for that purpose, and shall apply the money arising from such subscriptions, together with the fines appropriated for that purpose as aforesaid, for and towards clearing the said river: and if any person or persons shall neglect, fail or refuse, to pay the several sums of money by them respectively subscribed for and towards clearing the said river, it shall and may be lawful for the said trustees to sue for and recover the same, in the name of the trustees appointed for clearing Appamattox rive, either by petition, where the subscription shall not exceed five pounds, and where the same shall be above that sum, by action of debt. | Trustees appointed. |
| VII. And be it further enacted, by the authority aforesaid, That the said trustees, or the major part of them, may agree with any person or persons for clearing the said river; who shall have full power and authority to remove all heges or stops which they or the said trustees shall think in any wise to obstruct the navigation of the same, except such mills & mill-dams as | Their power and duties. |
| are by this act permitted and allowed to be built and raised: And it shall and may be lawful for the said trustees, or any person or persons employed by them in the execution of this act, to pass through, or gon on shore, upon the lands of any person whatsoever, without being subject to an action of trespass for the same; and if any suit shall be commenced for any thing done in pursuance of so much of this act as relates to the clearing the said river, the person or persons sued may plead the general issue, and give this act in evidence; and every court before which such suit shall be prosecuted, where a verdict shall be found for the defendant, or the plaintiff shall be nonsuited, shall give judgment for the defendant, and treble costs. | |
| VIII. And be it further enacted, by the authority aforesaid, That the said trustees shall, in the court of the counties where they shall respectively reside, give bond, with sufficient security, in a reasonable penalty, payable to his majesty, his heirs and successours, with a condition for the true and faithful application of all such sums of money as they shall respectively receive by virtue of this act, for and towards the purposes hereby directed. | Trustees to give bond. |
| IX. And be it further enacted, That in case of the death, removal out of the country, or other legal disability, of any one or more of the trustees before named, it shall and may be lawful for the surviving or remaining trustees, from time to time, by instrument in writing under their respective hands and seals, to elect and choose so many other persons, in the room of those so dead, removed or disabled, as shall make the number of eleven; which trustees so chosen shall, in like manner, give such bond and security, and with such condition, as is herein before directed to be given by the trustees above particularly named, and shall then, to all intents and purposes, be vested with the same power as any of the said trustees afore-named; and every such instrument of nomination shall be recorded in the court of the county wherein such trustee shall reside. | Vacancies, how supplied. |
| X. And be it further enacted, by the authority aforesaid, That it shall not be lawful for any person whatsoever to erect, raise or build, any hedge or stop on the said river Appamattox; and if any person shall presume so to do, he or they so offending shall forfeit and pay the sum of twenty pounds, which shall and may be sued for and recovered by the said trustees, in | Penalty for building hedges or stops. |
| their names, as above mentioned, and shall be applied by them to and for the purposes of this act in clearing the said river. | Repeal of former acts. | |
| XI. And be it further enacted, by the authority aforesaid, That all and every other act and acts of assembly, and every clause and article therein contained, for or concerning any thing within the purview of this act, shall be, and the same are hereby, repealed and declared void. | ||
 CHAP. XVII. | ||
| ||
| I. WHEREAS it is represented to this present general-assembly, by the inhabitants of the city of Williamsburg, that a large quantity of gunpowder is constantly kept in the publick magazine in the said city; which, being left entirely unguarded, may be of dangerous consequence, as well to the publick in general as to the said city in particular. | Public stores of gunpowder, in magazine, at Williamsburg to be sold. | |
| 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 from and after the passing of this act it shall and may be lawful to and for the governour or commander in chief of this colony for the time being, and he is hereby desired, to cause the said gunpowder, or such part thereof as he shall judge necessary, to be sold and disposed of for the best price that can be got; and one moiety of the money arising from the sale thereof shall be to our sovereign lord the king, his heirs and successours, for and towards the better support of this government, and the contingent charges thereof; and the other moiety thereof shall be paid to the treasurer of this colony for the time being, to be accounted for to the general-assembly. |
| CHAP. XVIII. | ||
| ||
| I. WHEREAS by an act of assembly made in the twenty-second year of the reign of his late majesty king George the second, entitled, An act for regulating ordinaries, and restraint of tippling-houses, it is, amongst other things, enacted "that if any ordinary keeper shall sell drink to any sailor, in actual pay on board any ship, upon credit, for any value whatsoever, or if he or any other person shall sell any liquors by retail exceeding twenty shillings current money, or the value thereof, in any one year, to any person or persons, upon credit, or if any ordinary-keeper shall take obligation or other specialty for any sum or quantity of tobacco whatsoever for liquors retailed or sold upon credit, he or she shall not recover any money, tobacco, or other commodity, for liquors so sold upon credit, but every such bill, obligation or specialty, shall be void; and if any warrant, petition, writ or bill, shall be presented or exhibited against any person for the same, such warrant, petition, writ or bill, be dismissed, and the defendant shall have double costs;" which restriction hath been found to be very injurious to ordinary-keepers, with respect to debts contracted with them by travellers, and other transient people, of whom they frequently suffer the loss of their just demands. | Recital of former act. | |
| 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 from and after the passing of this act it shall and may be lawful for such ordinary-keepers as are duly and legally licensed to keep publick-houses to sell by retail or otherwise, any quantity of liquors to any person whatsoever, except sailors in actual pay on board any ship, or such persons as shall be actually inhabitants of the county, or residents of the town, wherein such ordinary shall be kept, and may give such credit for the same as they shall think proper. | Ordinary-keepers may sell drink, on credit, except to sailors, and residents of the county or town. |
| III. Provided, That no such debtor shall be hereby debarred from claiming the benefit of the act for limitation of actions, and avoiding of suits, in the same manner as they may do in other cases; and it shall and may be lawful also for such ordinary-keepers to take bonds, bills, or other specialties, for the payment of such debts; and to sue for, and recover, the same, according to the course of common law, and the laws of this colony, in the same manner as if the above in part recited act had never been made. | Saving the act of limitations. | |
| CHAP. XIX. | ||
| ||
| I. WHEREAS by one 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 account it should appear that there are monies sufficient in his hands to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the general assembly, saving and reserving in the hands of the treasurer, over and above the said payment, a balance of fifteen hundred pounds at the least, then every Burgess elected and serving for any county or corporation within this dominion should be paid out of the publick money the sum of ten shillings for each day he should serve in the house of burgesses, with such further allowances, and under such restrictions and regulations, as in the said act is at large directed. | Burgesses wages payable in money. | |
| II. And whereas it appears that there is not money sufficient in the treasurer's hands to pay the Burgesses wages for this present session of assembly, leaving in the | At what time. |
| hands of the treasurer a balance of fifteen hundred pounds, according to the directions of the said act; nevertheless, as the payment of the said wages in money will be a great ease to the poorer sort of people, by lessening the levy by the poll, Be it therefore enacted, by the Lieutenant-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 out of the publick money in his hands, on or before the thirtieth day of April next, according to the directions and regulations in the said recited act mentioned, any thing in the said act to the contrary notwithstanding. | |
| CHAP. XX. An Act for establishing the town of Charlottesville, in the County of Albemarle. | |
| I. WHEREAS it is represented to this present general-assembly that fifty acres of land, contiguous to the courthouse of Albemarle county, have been lately laid off into lots and streets for a ton, which would be of great advantage to the inhabitants of that county, if established a town for the reception of traders: 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 the said fifty acres of land, so laid off as aforesaid, shall be, and are hereby established a town, to be called and known by the name of Charlottesville. | Town of Charlottesville, in county of Albemarle, established. |
| II. And be it further enacted, by the authority aforesaid, That the freeholders and inhabitants of the said town, so soon as they shall have built upon and saved their lots, according to the conditions of their deeds of conveyance, shall then be entitled to, and have and enjoy, all the rights, privileges and immunities, |
| granted to or enjoyed by the freeholders and inhabitants of other towns erected by act of assembly in this colony. | ||
| CHAP. XXI. | ||
| ||
| I. WHEREAS it hath been represented to this general assembly that the right honourable Thomas Lord Fairfax, hath lately laid out a parcel of land, at the place where the courthouse stands, in Hampshire county, into one hundred lots, of half an acre each, with streets for a town, by the name of Romney, and disposed of the said lots to divers persons, who have settled and built thereon, and who have made humbler application to this assembly that the same may be by law established a town: 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 same piece or parcel of land be, and the same is hereby erected and established a town in the manner it is already laid out into lots and streets, to be called by the name of Romney; and that the freeholders of the said town, as soon as their lots shall be built upon and saved, according to the conditions of their deeds, shall for ever hereafter enjoy the same privileges which the freeholders of other towns erected by act of assembly enjoy. | Town of Romney, in county of Hampshire established. | |
| II. And whereas John Randolph, Esquire, hath laid off ten acres of his land, adjoining the southern boundaries of the City of Williamsburg, fronting England Street, and bounded on the east and west sides by a water-course, and to the south by a direct line to be run from the water-course on the east to the water-course on the west side, so as to include the said ten acres into lots, and hath lately built and | Ten acres of land, of John Randolph, Esq'r. added to City of Williamsburg. |
| made considerable improvements thereon: Be it therefore further enacted by the authority aforesaid, that the said ten acres of land be, and the same are hereby added to, and made part of, the said city; and that the said John Randolph, and all and every other person or persons whatsoever, to whom he may at any time hereafter sell or dispose of any of the said lots, as soon as they shall build on and save the same, according to the conditions of their deeds of conveyance, shall then be entitled to, and have 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. | |
| III. And whereas by an act made 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, a certain quantity of the lands adjacent to the said town, and particularly described in the said act, were added to and made part of the said town, and it was thereby enacted that the freeholders and inhabitants thereof, so soon as the same should be built upon and saved in the same manner as the lots of the said town were directed to be built upon and saved by the acts of assembly establishing the same, should then be entitled to, and have and enjoy all the rights, privileges and immunities, granted to or enjoyed by the freeholders and inhabitants of the said town. | Lots in certain parts of Dumfries, not liable to forfeiture, for not being improved. |
| IV. And whereas by the said former act of assembly, for establishing the said town, the freeholders and inhabitants thereof were required to build upon and improve their lots, in the manner, and within the time, in the said act particularly expressed and limited; and that, in case of their failing or refusing so to do, their said lots should be forfeited, and revested in the trustees of the said town, to be by them disposed of, for the purposes in the said act mentioned: and it being represented that several of the lots laid off on the said additional lands above-mentioned are incapable of being built upon, and saved, in the manner by the said act required, Be it therefore further enacted, by the authority aforesaid, that the owners or proprietors of such of the said lots as lie between the main street, called water-street, and Quantico Creek, shall not be liable or subject to any forfeiture of their said lots for |
| not building and improving the same, as was required of the purchasers of lots in the said town by the before-mentioned act of assembly establishing the same. | |
| CHAP. XXII. An Act for establishing the town of Mecklenburg, in the count of Frederick. | |
| I. WHEREAS it is represented to this present general-assembly that Thomas Shepherd, of the county of Frederick, hath laid off about fifty acres of his land on Potowmack river, in the said county, in to lots and streets for a town, and hath disposed of many of the said lots, the purchasers whereof have made their humble application that the said land may be established a town, being pleasantly and commodiously situated for trade and commerce. | Town of Mecklenburg, in Frederick county established. |
| 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 the lots and streets so laid off on the said land be, and are hereby constituted, appointed, erected and established, a town, to be called by the name of Mecklenburg; and that the freeholders and inhabitants of the said town, so soon as they shall have built upon and saved their said lots, according to the conditions of their deeds of conveyance, shall then be entitled to, and have and enjoy, the same privileges, rights and advantages, which the freeholders and inhabitants of other towns erected by act of assembly in this colony do at present enjoy. |
| CHAP. XXIII. An Act for establishing the town of Hanover, in the county of Hanover. | |
| I. WHEREAS it is represented to this present general assembly that the place where the warehouses called Page's on Pamunkey river, in the county of Hanover, stand, is become a place of considerable trade and commerce, which would be more enlarged if a town was established there: 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 to and for Mann Page, esquire, proprietor of the said lands, to lay off one hundred acres thereof into lots and streets for a town, to be called and known by the name of Hanover. | Town of Hanover, in Hanover county established. |
| II. And be it further enacted, by the authority aforesaid, That the purchasers of the said lots, so soon as they shall have built upon and saved the same, according to the conditions of their deeds of conveyance, shall then be entitled to, and have and enjoy, all the right, privileges and immunities, which the freeholders and inhabitants of other towns erected by act of assembly in this colony do enjoy. | |
| III . And be it further enacted, by the authority aforesaid, That from and after the first day of April next it shall not be lawful for any person or persons inhabiting within the said town to raise or keep any swine within the limits thereof, and suffer the same to go at large therein; and if any swine so raised or kept shall be found going or running at large within the said town, it shall and may be lawful for any person to kill and destroy the same. |
| CHAP. XXIV. An Act enlarging the town of Petersburg, and for other purposes therein mentioned. | |
| I. WHEREAS by an act of assembly made in the twenty second year of the reign of his late majesty king George the second, entitled, an act for establishing the towns of Petersburg and Blandford, in the county of prince George, and for preventing the building wooden chimnies in the said town, a town was established by the name of Petersburg, now in the county of Dinwiddie, which has since very greatly increased, and become a place of considerable trade; and whereas Peter Jones, gentleman, hath laid off twenty-eight acres of his land adjoining the said town into lots and streets, and hath disposed of several of the said lots, the purchasers whereof have petitioned this present general assembly that the same may be added to and made part of the said town; and it is also necessary that trustees may be appointed to regulate the streets, and settle the bounds of the lots in the said town: 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, Robert Bolling, Roger Atkinson, William Eaton, John Bannister, Robert Ruffin, Thomas Jones, Henry Walker, George Turnbull and James Field, gentlemen, be, and they are hereby constituted and appointed, trustees for the said town; and they, or any five, or more of them, are hereby authorized and empowered, from time to time, and at all times hereafter, to lay off and regulate the streets of the said town, and to settle and determine all disputes concerning the bounds of the lots of the said town, and to settle and establish such rules and orders for the more regular and orderly building of the houses in the said town as to them shall seem best and most convenient. | Town of Petersburg enlarged. Trustees appointed. |
| II. And for continuing the succession of the said trustees, Be it further enacted, by the authority aforesaid, That in case of the death, removal out of the country, or other legal disability, of any one or more of the trustees before named, it shall and may be lawful for the surviving or remaining trustees, from time | Vacancies, how supplied. |
| to time, to elect and choose so many other persons, in the room of those so dead, removed or disabled, as shall make up the number of nine; which trustees so chosen shall be, to all intents and purposes, vested with the same power as any other in this act particularly nominated and appointed; and every such instrument of nomination shall be recorded in the court of the said county of Dinwiddie. | |
| III. And be it further enacted, by the authority aforesaid, That the said twenty-eight acres of land so laid off by the said Peter Jones into lots and streets shall be, and are hereby added to, and made part of, the said town of Petersburg; and that the freeholders and inhabitants thereof, so soon as they shall have built upon and improved the same, in the manner herein after directed, shall then be entitled to, and have and enjoy, all the rights, privileges and immunities, granted to and enjoyed by the other freeholders and inhabitants of the said town. | |
| IV. And be it further enacted, by the authority aforesaid, That every purchaser of the said lots hereby added o the said town shall, within the space of four years after their respective purchases, build upon each of their said lots, and finish one good house of brick, stone or wood, to contain at least three hundred and twenty square feet of superficial measure, upon the ground plot; and if any such purchaser shall neglect or refuse so to do, within the time aforesaid, their said lots shall be forfeited, and shall be vested in the trustees of the said town for the time being, and shall be by them sold and disposed of for the best price that can be got, and the money arising from the sale thereof shall be by the said trustees paid to the owners or proprietors of such lots respectively: And if any purchaser or purchasers of the said lots, their heirs or assigns, shall not, within the space of four years next after such purchase made, begin to build and finish on each lot so purchased one good house of the dimensions aforesaid, every such purchaser shall forfeit his estate in such lot, and the same shall be revested in the said trustees, who shall be, and they are hereby empowered, to sell such forfeited lots for the best price that can be got; and the money arising upon such sale shall be aid out by the said trustees in building wharfs, and the other improvements, for the benefit and advantage of the said town. And if the subsequent | Forfeiture for not improving lots. |
| purchaser or purchasers of such unimproved lots shall fail to build upon the same, according to the directions of this act, such lots shall, as often as the case may happen, be revested in the said trustees, who are hereby empowered and directed to sell the same for the benefit of the said town. | |
| V. Provided always, That nothing in this act contained shall extend, or be construed to extend, to any infant, owner or proprietor of unimproved lots in the said town; but that such infant shall, within three years next after his or her coming of age, begin to build and finish a good house upon his or her said lots, of the dimensions aforesaid, under penalty of forfeiting the same, and to be disposed of in the manner herein before directed, for the benefit of the said town. | |
| VI. And be it further enacted, by the authority aforesaid, That from and after the first day of March next it shall not be lawful for any person or persons inhabiting within the said down to raise or keep any swine within the limits thereof, and suffer the same to go at large therein; and if any swine so raised or kept shall be found going at large therein, it shall and may be lawful for any person to kill and destroy the same. | Hogs not to run at large. |
| CHAP. XXV. An Act for enlarging the town of Alexandria, in the county of Fairfax. | |
| I. WHEREAS by an act of assembly made in the twenty-second year of the reign of his late majesty king George the second, entitled, an act for establishing a town at Hunting-Creek warehouse, in the county of Fairfax, a town was erected and established on Potowmack river, by the name of Alexandria, in the said county, and it is represented to this present general assembly that all the lots by the said act included within the bounds of the said town are already built upon, except such of them as are situated in a low wet marsh, which will not admit of such improvements; and that divers traders and others are desirous of settling there, if a sufficient quantity of the lands of | Town of Alexandria enlarged. |
| Baldwin Dade, Sibel West, John Alexander the elder, and John Alexander the younger, which lie contiguous to the said town, were laid off into lots & streets, and added to and made part thereof: 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 so much of the said adjacent lands are included within the bounds herein-after described shall be vested in the trustees of the said town, and their successours, for the time being, and shall be added to and made part of the said town of Alexandria, to wit: beginning at the corner of the lot denoted in the plan of the said town by the figures 77, on the said river Potowmack, at the lower end of the said town, and to extend thence down the said river the breadth of two half acres, and one street thence back in to the fields, by a line parallel to the lower line of the said town, such a distance as to include ten half-acre lots and four streets; thence by a line parallel with the present back line of the said town to the extent of seventeen half-acre lots and eight streets, and from thence by a line at right angles with the last to the river. | Limits. |
| II. And be it further enacted, by the authority aforesaid, That the directors and trustees of the said town, or any eight of them, shall have full power and authority to direct the surveyor of the said county of Halifax to survey and lay off the said additional land into streets and lots, as they shall think fit, and shall sell the same when laid off at publick auction, from time to time, to the highest bidder, so as that no person shall have more than two lots; and when such lots shall be sold by the said trustees, or any two or more of them, shall and may, on payment of the purchase money, by deed of bargain and sale, or feoffment, convey, and assure the fee simple estate of and in such lot or lots, to the purchaser or purchasers; and he or they, and his or their heirs and assigns, respectively, shall and may, forever hereafter, hold and enjoy the same. | |
| III. Provided always, That the said trustees shall pay the money arising from such sales, from time to time, to the owner or proprietor, for the time being, respectively, of the lands whereon the said lots shall happen to be laid off and sold as aforesaid. |
| IV. And be it further enacted, by the authority aforesaid, That the freeholders and inhabitants of such of the said lots as are not part of and laid out upon the marsh included with the said additional lands, as soon as the same shall be built upon and saved in the same manner as the lots in the said town were directed to be built upon and saved by the above mentioned act of assembly, and also the freeholders, owners and proprietors of the lots on the saidmarsh, as soon as they shall have complied with the rules and orders herein-after prescribed respecting those lots, shall then be entitled to, and have and enjoy, all the rights, privileges and immunities, granted to and enjoyed by the other freeholders and inhabitants of the said town. | |
| V. And whereas it was by the said act required that the grantee or grantees of every lot within the said town, when the same was by the said act established, should within the time therein-mentioned erect, build and finish, on each lot conveyed to them by virtue of the said act, one house of the dimensions and according to the regulations in the same act particularly expressed, under the penalty of forfeiting the same, but it is found impracticable to build on such of the said lots as are included within the said marsh: Be it therefore further enacted, by the authority aforesaid, That the owners and proprietors of such marsh lots shall not be obliged to build thereon, as by the said act is directed, & shall not be subject or liable to any forfeiture of the same for not building thereon as aforesaid; but that such owners and proprietors, together with the purchasers of such of the said additional lots as shall be laid off on the said marsh, shall drain the same, so as to render them capable of improvements, either by building thereon, or turning the same into meadow grounds, in such manner as the said trustees shall order and direct, and shall pay their proportionable part of any expense occasioned by such draining to the said trustees, to be by them applied to the purposes aforesaid. | Privileges of owners of marsh lots. |
| VI. And be it further enacted, That if any such owner, proprietor or purchaser, shall fail or refuse to pay such proportionable part of the said expense as shall be adjusted and awarded against him or them by the said trustees, such owner, proprietor or purchaser, shall forfeit their said lots in the said marsh, and the same shall be revested in the said trustees, and shall |
| and may be sold and conveyed to any other person or persons whatsoever, in the manner before directed; and the money arising from the sale of such lots shall be by the said trustees, from time to time, applied to such use, for the common benefit of the inhabitants of the said town, as to them shall seem proper. | ||
| CHAP. XXVI. | ||
| ||
| I. WHEREAS it is represented to this present general assembly by the ministry and vestry of the parish of Bruton, in he counties of York and James City, that one Jonathan Druitt, deceased, did, by his last will and testament, which was established by decree of the general court the thirtieth day of April, one thousand seven hundred and thirty-five, give and devise to one Richard Stayton, and the issue male of his body, three lots or half acres of land in the city of Williamsburg; but if he should die before he attained the lawful age, or without issue, then to objects of charity belonging to the said parish, and made the vestry of the said parish his executors: That the said Richard Stayton is since dead without issue, and that as the said lots have no building or other improvements thereon, it would best anser the charitable intent of the donor if they were empowered to dispose of the said lots, and apply the interest of the purchase money towards the relief of the poor of the said parish. | Vestry of Parish of Bruton authorised to sell certain lots in Williamsburg. | |
| 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 vestry of the said parish, at any time after the passing of this act, and they are hereby authorized and empowered, to sell and dispose of the said lots, for the best price that can be got, to any person or persons |
| willing to purchase the same, and to convey the said lots, by deed of bargain and sale, wherein this act shall be recited, to such purchaser or purchasers, his or their heirs and assigns, for ever. | ||
| III. And be it further enacted, by the authority aforesaid, That as soon as the said vestry shall have received the money for which the said lots shall be sold, they or the major part of them, shall lend and place the same in the hands of any responsible person, taking bond, with good and sufficient security, in the penalty of double the money so lent, payable to themselves or their successours, the vestry of the said parish, for the time being, with a condition for the repayment of the said money, together with legal interest thereon, whenever the same shall be demanded; and the said vestry shall apply the interest arising on the said money, from time to time, to the relief of such objects of charity belonging to the said parish as they shall think proper, and to no other use, intent or purpose, whatsoever. | ||
| CHAP. XXVII. | ||
| ||
| I. WHEREAS it is represented to this present general assembly that the town of Blandford, on Appamattox river, in the county of Prince-George, since the establishment thereof, hath greatly improved, and would still more and more improve, and trade thereof be increased, if directors and trustees were appointed, and the proprietors obliged to build on their lots in the said town: 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 sir William Skipwith, Baronet, Robert Bolling, Samuel Gordon, William Poythress, | Trustees of town of Blandford, in Prince George appointed. |
| junr. Patrick Ramsey, Peter Randolph Bland and John Baird, Gentlemen, be, and they and every of them are hereby constituted and appointed directors and trustees for building, carrying on, and maintaining the said town; and they, or the major part of them, shall have power to meet, as often as they shall think necessary, for directing the building of a wharf at the publick landing of the said town. | |
| II. And be it further enacted, by the authority aforesaid, That the said directors and trustees shall have full power and authority to establish, from time to time, such rules and orders, for the regular placing the houses on the streets in the said town, as to them shall seem fit; and if the inhabitants of the said town, or the owners of any lots therein, shall fail to obey and pursue the rules and orders of the said directors for the regular placing the houses on the streets as aforesaid, they shall forfeit and pay the sum of fifteen shillings, to be recovered by the said directors before any justice of the peace, and shall be applied by them towards building and keeping in repair a wharf for the use of the said town, it shall be lawful for the said trustees to pull down and destroy such buildings, or cause the same to be pulled down, at the expense of the person who shall have built and erected the same, to be recovered and applied by the said trustees in manner aforesaid. | Their power and duties. |
| III. And for continuing the succession of the said directors and trustees, until the said town shall be incorporated, And be it further enacted, by the authority aforesaid, That in case of the death, removal, or refusal to act, of any of the said directors or trustees, the surviving or other directors, 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 and appoint some other person or persons, being an inhabitant or freeholder of the said town, in the place of him or them so dying, removing, or refusing; which new director or directors, so nominated and appointed, shall from thenceforth have the like power and authority, in all things relating to the matters herein contained, as if he or they had been expressly nominated and appointed in and by this act; and every such instrument and | Vacancies how supplied. |
| nomination shall, from time to time, be entered and registered in the books of the said directors. | |
| IV. And be it further enacted, by the authority aforesaid, that if the respective owners and proprietors of the lots in the said town of Blandford, their heirs or assigns, shall not, within the space of three years from the passing of this act, begin to build and finish on each of their respective lots, on which no house is already built, one good dwellinghouse, containing four hundred square feet of superficial measure, upon the ground plot, or proportionably thereto, if such owner or proprietor hath or shall have two lots contiguous (but no building, of what dimensions soever, upon one lot, shall extend to save more than two lots) and every lot not built upon as aforesaid shall be vested in the said directors and trustees, and they shall be seized of and in a pure, absolute, perfect, and indefeazable estate of inheritance, in fee simple, in trust, to and for the uses, intents and purposes, herein-after mentioned, that is to say; that hey, the said directors and trustees shall have full power and authority to sell such unimproved lots for the best price that can be got, and to convey the fee-simple estate thereof, by good and sufficient deed or deeds, to any person or persons that shall be willing to purchase the same, and the money arising upon such sale shall be paid to the owners or proprietors of the said lots respectively: −− and if any purchaser or purchasers of the said lots, their heirs or assigns, shall not, within the space of two years next after such purchase made, begin to build and finish on each lot so purchased one good dwellinghouse, of the dimensions aforesaid, every such purchaser shall forfeit his estate in such lot, and the same shall be revested in the said trustees, who shall, and they are hereby empowered to sell such forfeited lots for the best price that can be got, and the money arising upon such sale shall be laid out by the said trustees in building publick wharfs, and other improvements, for the advantage and benefit of the said town; and if the subsequent purchaser or purchasers of such unimproved lots shall fail to build upon the same, according to the directions of this act, such lots shall, as often as the case may happen, be revested in the said trustees, who are hereby empowered and directed to sell the same, for the benefit of the said town. | Forfeiture for not improving lots. |
| V. Provided always, That nothing in this act contained shall extend, or be construed to extend, to any infant, owner or proprietor of unimproved lots in the said town; but that such infant shall, within three years next after his or her coming of age, begin to build and finish a good dwellinghouse upon his or her said lots, of the dimensions aforesaid, under penalty of forfeiting the same, and to be disposed of in the manner herein before directed, for the benefit of the said town. | ||
| VI. And be it further enacted, by the authority aforesaid, That from and after the first day of April next it shall not be lawful for any person or persons inhabiting within the said town to raise or keep any swine within the limits thereof, and suffer the same to go at large therein; and if any swine so raised or kept shall be found going or running at large within the said town, it shall and may be lawful for any person to kill and destroy the same. | Hogs not to run at large. | |
| CHAP. XXVIII. | ||
| ||
| WHEREAS Thomas Wood did lately contract with the vestry of the parish of St. Patrick, in the County of Prince-Edward, to build a church for the said parish, for a certain consideration agreed on between them, and had almost finished the same, when it was accidentally burnt down; and whereas the parishoners of the said parish are willing to pay the said Thomas Wood a reasonable satisfaction for the expense and trouble he hath been at, and for the materials | Vestry of St. Patrick, in Prince Edward, authorised to levy money for Thomas Wood, for building a church, which was |
| and Workmanship he had provided and expended on the said building; and are desirous that an act may pass to enable the vestry of the said parish to raise the same: 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 vestry of the said parish of St. Patrick may and they are hereby empowered to levy on the inhabitants of the said parish, for the use of the said Thomas Wood, in one or more years, and in such proportion as they shall judge least burthensome to the said inhabitants, so much money or tobacco as they shall think will be sufficient to reimburse the said Thomas Wood for his expenses on the said building. | burnt down, before finishing. |
| CHAP. XXIX. An Act for adding part of the Parish of Cameron to the Parish of Truro. | |
| I. WHEREAS it is represented to this present general assembly that the addition of a small part of the Parish of Cameron, which lies within the lines that divide the two counties of Loudoun and Fairfax, to the Parish of Truro, in the said county of Fairfax, would be of great ease and advantage to the inhabitants of that part of the said Parish of Cameron, who are in their present remote situation subject to many inconveniences: 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 first day of January next, all that part of the said parish of Cameron that lies below the present established lines that divide the said counties of Loudoun and Fairfax shall be united to, and made part of, the said Parish of Truro. | Part of the parish of Cameron added to the parish of Truro. |
| II. Provided always, That nothing herein contained shall be construed to hinder the collector or collectors of the said parish of Cameron, as the same now |
| stands intire and undivided, from collecting and making distress for any parish levies which shall remain unpaid by the inhabitants of that part of the said parish of Cameron hereby added to, and made part of, the said parish of Truro, at the time the said division shall take place; but such collector or collectors shall have the same power to collect and distrain for the said levies, and shall be answerable for them in the same manner, as if this act had never been made, any law, usage or custom, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XXX. | ||
| ||
| WHEREAS the boundaries between the parishes of Martin's-Brandon and Bristol, in the county of Prince-George, cannot be ascertained by any law now in force, and many controversies have arisen concerning the same: for settling the said boundaries for the future, 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 parishes shall be divided by Lawson's Creek on Appamattox river, until it meets with the line dividing the land of Theodorick Bland from the land of William Gibbs, and from thence by a line to be run South to Sussex County; and that the expence of running the said line shall be discharged by the said parishes, in proportion to the number of tithables in each parish. | Bounds between parishes of Martin's Brandon and Bristol in Prince George settled. |
| Pages 563-589
| Pages 614-638
|