Pages 590-613 
|  Pages 639-669
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| Pages 590-613
| Pages 639-669
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| CHAP. XXXI. | ||
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| I. WHEREAS the Parish of Accomack, in the county of Accomack, by reason of the great extent thereof, is very inconvenient to the inhabitants, who are thereby deprived of the benefits and advantages of attending divine service, which they might obtain from a more constant & a regular attendance thereon: Be it therefore enacted by the Lieutenant-Governour, Council & Burgesses, of this present General Assembly. & it is hereby enacted by the authority of the same, That from and after the third day of January next, the said parish of Accomack shall be divided into two distinct parishes, by a line to begin at the mouth of Parker's creek, thence to run up the said creek to the head of Rooty Branch, and from thence by a direct line to be run to the head of the branch called Drummond's new mill branch, and thence down the said branch to the mouth of Hunting Creek; and that all that part of the said parish of Accomack which lies above the said bounds, and to the northward thereof, shall be one distinct parish, and retain the name of Accomack: and that all that other part thereof which lies below the said bounds shall be one other distinct parish, and shall be called and known by the name of St. George. | Parish of Accomack in county of Accomack divided. St. George parish formed. | |
| II. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parishes of Accomack and St. George, respectively, shall meet at some convenient time and place, to be appointed and publickly advertised by the sheriff of the said county of Accomack, at least one month before the fifty day of February next, and then and there elect twelve of the most able and discreet persons of their respective parishes, for vestrymen, in each of the said parishes; which vestrymen so elected having in the court of the said county of Accomack taken and subscribed the oaths appointed to be taken by act of Parliament made in the first year of the reign of his late majesty king George the first, entitled, An act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia (being |
| Protestants) and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abetters, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be comformable to the doctrine and discipline of the church of England, shall to all intents and purposes, be deemed and taken to be vestrymen of the said parishes, respectively. | |
| III. Provided always, That nothing herein contained shall be construed to hinder the collector or collectors of the said parish of Accomack, as the same now stands intire and undivided, from collecting or making distress for any parish levies which shall remain unpaid by the inhabitants of the said Parish of St. George, 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. | |
| IV. And be it further enacted, by the authority aforesaid, That the glebe land of the said parish of Accomack, as the same now stands intire and undivided, with the appurtenances, be, and the same is hereby vested in the said parish of Accomack, to be elected in pursuance of this act, 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 or deeds of bargain and sale, sell and convey the said glebe-land, with the appurtenances, for the best price that can be got for the same, to any person or persons who shall be willing to purchase the same; to hold to such purchaser or purchasers, his or their heirs and assigns, for ever. | |
| V. And be it further enacted, That the vestry of the said Parish of Accomack, after they have received the purchase-money for which the said glebe shall be sold, shall divide the money arising from the sale thereof between the two parishes, in proportion to the number of tithables in each respective parish; and shall pay and deliver such proportionable part of the said money to the vestry of the said parish of St. George as they shall be entitled to on such division, and retain the other part in their own hands, to be by the vestries of the said parishes applied towards purchasing |
| glebes for their respective parishes, for the use and benefit of their ministers for the time being, for ever. | ||
 CHAP. XXXII. | ||
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| I. WHEREAS it hath been represented to this present general assembly that the sheriff of the county of Hampshire was guilty of sundry mal-practices at the late election of vestrymen for the parish of Hampshire, in the said county, and it appears that the said election was procured in an illegal and arbitrary manner, and the inhabitants of the said parish have petitioned for a dissolution 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 the vestry, or pretended vestry, of the said parish, shall be, and the same is hereby dissolved; and that all and every act and acts, thing and things, which at any time hereafter shall or may be performed, suffered, or done by them, as a vestry, or pretended vestry of the said parish, shall be, and are hereby declared to be utterly void, to all intents and purposes. | Vestry of Hampshire parish, in the county of Hampshire dissolved. | |
| II. Provided always, That all and every levy and levies heretofore laid, and every other act and thing by the said vestry, or pretended vestry, done or suffered, shall be good, valid and effectual, in as full and ample manner as if the election of the said vestry had been legal and regular. | ||
| III. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of Hampshire shall meet at some convenient time and place, to be appointed and publickly advertised at least one month before the first day of April next by the sheriff of the said county, and then and there elect twelve of the most able and discreet persons of |
| the said parish to be vestrymen thereof; which said vestrymen so elected, having in the court of the said county of Hampshire taken and subscribed the oaths appointed to be taken by an act of parliament made in the first year of the reign of his late majesty king George the first, entitled, an act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia (being protestants) and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abetters, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be comfortable to the doctrine and discipline of the church of England, shall be, to all intents and purposes, deemed and taken to be vestrymen of the said parish. | ||
| CHAP. XXXIII. | ||
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| I. WHEREAS it is represented to this present general assembly that the glebe lands of the parishes of St. Andrew, in the county of Brunswick, and of Frederick, in the county of Frederick, are inconveniently situated, and that it would be very advantageous to the ministers of the said parishes, as also to the inhabitants thereof in general, if the vestries of the said parishes were empowered to dispose of the said glebe lands, and lay out the money arising from the sale thereof in purchasing other lands for glebes, and erecting buildings thereon: 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 lands, with the appurtenances, be, and the same are hereby | Vestries of parishes of St. Andrew, in Brunswick, and of Frederick, in the county of Frederick, authorised to sell their glebes. |
| vested in the respective vestries of the said parishes of St. Andrew and Frederick, in trust: Nevertheless, that the said vestries respectively, or the greater part of them, shall, by deeds of bargain and sale, sell and convey the said glebe lands, with the appurtenances, for the best price that can be got for the same, to any person or persons who shall be willing to purchase the same; to hold to such purchaser or purchasers, his or their heirs and assigns for ever. | |
| II. And be it further enacted, by the authority aforesaid, That the money arrising by the sale of the said glebe lands, shall be by the said vestries, respectively, laid out and applied for and towards purchasing a more convenient tract or parcel of land for a glebe for each of the said parishes, and erecting buildings thereon for the use and benefit of the ministers of the said parish of St. Andrew and Frederick, respectively, for the time being for ever. | |
| CHAP. XXXIV. An Act for dividing the parish of Nottoway, in the county of Southampton. | |
| I. WHEREAS the parish of Nottoway, in the county of Southampton, by reason of great extent thereof, is very inconvenient to the inhabitants, who are thereby in a great measure prevented from attending divine service, and they have petitioned this general assembly that the said parish may be divided into two distinct parishes: 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 fifteenth day of January next, the said parish of Nottoway shall be divided by Nottoway river running through the same, according to the meanders thereof, and that all that part of the said parish that lies on the north side of the said river shall be one distinct parish, and retain the name of Nottoway; and that all that other | Parish of Nottoway, in the county of Southampton, divided. |
| part thereof which lies on the south side of the said river shall be one distinct parish, and called by the name of St. Luke. | |
| II. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parishes of Nottoway and St. Luke, respectively, shall meet at some convenient time and place, to be appointed & publickly advertised by the sheriff of the said county of Southampton at least one month before the twenty-five day of March next, and then and there elect twelve of the most able and discreet persons of their respective parishes for vestrymen in each of the said parishes: which vestrymen so elected, having in the court of the said county of Southampton taken and subscribed the oaths appointed to be taken by an act of parliament made in the first year of the reign of his late majesty king George the first, entitled, an act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia (being protestants) & for extinguishing the hopes of the pretended prince of Wales, and his open& secret abetters, and taken & subscribed the test & also subscribed the oath of abjuration, and repeated and subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestries of the said parishes respectively. | St. Luke parish formed. |
| III. Provided always, That nothing herein contained shall be construed to hinder the collector or collectors of the said parish of Nottoway, as the same now stands intire and undivided, from collecting or making distress for any parish levies which shall remain unpaid by the inhabitants of the said parish of Nottoway 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. | |
| IV. And be it further enacted, That the present glebe land of the said parish of Nottoway, as the same now stands intire and undivided, shall be, and the same are hereby vested in the vestry of the said parish of Nottoway, to be elected pursuant to this act, and in the vestry of the said parish for the time being, in trust: Nevertheless, that the said vestry, or the greater part of them, shall, by deed of bargain and |
| sale, sell and convey the said glebe, with the appurtenances, for the best price that can be got for the same, to any person or persons who shall be willing to purchase the same; to hold to such purchaser or purchasers, in fee-simple. And that when the said vestry shall have received the purchase money, they shall divide the same according to the number of tithables in each parish, and shall pay to the vestry of the said parish of St. Luke their equal proportion thereof, according to such division, and retain the residue; and shall lay out and apply the same for and towards purchasing glebes for the use and benefit of the ministers of their respective parishes, for the time being, for ever. | ||
| CHAP. XXXV. | ||
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| I. WHEREAS the inhabitants of the upper end of the county of King and Queen are subject to many inconveniences, and great loss of time, in attending their necessary business at the court and general-musters of the said county, by reason of their great distance from their courthouse, and they could with much more ease and convenience attend such business at the courthouse of Caroline County, from which they are in general but a few miles distant: 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 tenth day of February next the said county shall be divided by a line to be run from Morocosick Creek at the mouth of Beverly Run, thence up the said run and the South Fork which Beverley's mill stands on to the head thereof, and from thence by a straight line to be run east to the line between | Part of King and Queen county added to Caroline. |
| the said county and the county of Essex; and that all that part of the said county which lies above the said bounds shall be untied to, and made part of, the said county of Caroline. | |
| II. Provided always, That nothing in this act contained shall be construed to hinder the sheriff or collector of the said county of King and Queen, as the same now stands intire and undivided, from collecting and making distress for any publick dues or officers fees which shall remain unpaid by the inhabitants of that part of the said county hereby added to the county of Caroline, at the time the said division shall take place; but such sheriff or collector shall have the same power to collect or distrain for the said dues and fees, 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. | |
| III. And be it further enacted, by the authority aforesaid, That the court of the said county of King and Queen shall have jurisdiction of all actions and suits, both in law, and equity, which shall be depending before them at the time the said division shall take place; and shall and may try and determine all such actions and suits, and issue process, and award execution against the body or estate of the defendant or defendants, in any such action or suit, in the same manner as if this act had never been made. | Court day of King and Queen altered. |
| IV. And whereas the court-day of the said county of King and Queen, as the same now stands appointed, is inconvenient, as well to the inhabitants of that as of the neighbouring counties, and others whose business requires their attendance there: Be it further enacted by the authority aforesaid, that from and after the said tenth day of February the court of the said county of King and Queen shall be constantly held on the second Monday in every month, any law, usage or custom, to the contrary thereof, notwithstanding. |
| CHAP. XXXVI. | ||
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| WHEREAS it is represented to his present general-assembly that the court-days of the counties of Prince Edward and Lunenburg, as the same now stand, are very inconvenient as well to the inhabitants of the said counties as to the attornies practising there, as the court days of the said counties interfere with those of the neighbouring counties: 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 February next the court of the said county of Prince-Edward shall be constantly held on the third Monday in every month, and for the aid county of Lunenburg on the second Thursday in every month; any law, usage or custom, to the contrary thereof, in any wise, notwithstanding. | Court days of Prince Edward and Lunenburg altered. | |
| CHAP. XXXVII. | ||
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| I. WHEREAS it is represented to this present general-assembly, by the inhabitants of the county of Albemarle, that the great freshes which frequently happen in the North Branch of James River, in that county, often render the same impassable, either at the fording-places therein or ferries, and that it would be a great ease and convenience as well to themselves as others travelling through the said county if a bridge was built over the said river, at the most convenient place to the courthouse. | Bridge over north branch of James River in Albemarle, to be erected. |
| 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 to and for any person or persons whatsoever, who shall be willing to undertake the same, and to and for his or their heirs or assigns, to erect, support and maintain, a good and sufficient bridge over the said branch, at any place that shall be directed by the court of the said county of Albemarle, convenient to the courthouse of the said county, at his or their own expense; and as soon as the same shall be completely finished, fit for travellers to pass over in carriages, it shall and may be lawful to and for the person or persons building the same, and his or their heirs or assigns, to demand, take and receive, of and from all persons passing over the said bridge with horses, wheel-carriages, hogsheads of tobacco, and cattle, the following rates, to wit: for a man and horse, sixpence; for every wheel-carriage, threepence a wheel; for every hogshead of tobacco, sixpence; for every horse, threepence; for every head of neat cattle, twopence; and for every head of sheep or hogs, one halfpenny; and that no person shall have liberty to pass over the said bridge with wheel-carriages, hogsheads of tobacco, horses or cattle, until they shall first pay and satisfy the toll aforesaid. | ||
| CHAP. XXXVIII. | ||
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| I. WHEREAS it is represented to this present general-assembly, by sundry inhabitants of the counties of Nansemond, Southampton and Isle of Wight, that it would be a great ease and convenience as well to themselves as to the persons trading from the province of North-Carolina to this colony if a bridge were erected from the land of Jesse Brown, of the | Bridge over Nottoway river in Southampton to be erected. |
| county of Southampton, gentleman over Nottoway River; and that such a bridge might be built by subscription, if proper persons were appointed, and legally authorized and empowered, to carry the same into execution: 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 Albridgton Jones, Thomas Williamson, Richard Kello, Samuel Brown, Nicholas Maggot, Thomas Fisher, James Jordan Scott and Daniel Williams, gentlemen, shall be, and they are hereby nominated, constituted and appointed, trustees and directors for putting the same in execution; and it shall and may be lawful to and for the said trustees, or the major part of them, to take and receive, of and from all and every person and persons whatsoever all such sums of money as they or any of them shall be willing to subscribe and pay towards the building the said bridge; on receipt whereof the said trustees and directors shall, and they are hereby empowered and required to lay out and apply the same in and towards building a bridge over the said river, from the land of the said Jesse Brown to the opposite shore, in such manner as the said trustees and directors, or the major part of them, shall think proper and most convenient; and to design, direct, and agree with workmen for building the said bridge, so that the same be not less than twelve feet in breadth; and railed on each side three feet high, with one arch, at least twenty feet wide, sufficiently high for the passage of boats and flats. | |
| II. And for continuing the succession of the said trustees and directors, Be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the said trustees and directors, or the major part of them, from time to time, and at all times hereafter, during the continuance of the said bridge, upon the death, resignation or removal, of any of the trustees and directors herein before named, to elect and choose such and so many other person and persons as they shall think fit, not exceeding eight; which person and persons, so elected and chosen as aforesaid, shall be deemed and taken to be trustees for the bridge aforesaid, as fully and amply as of appointed by this act. | |
| III. Provided always, that nothing in this act contained shall extend, or be construed to extend, to empower |
| the justices of the said county of Southampton, or their successours, the justices of the said county for the time being, to tax, levy or assess, any money or tobacco on the inhabitants of the said county of Southampton for the building the said bridge; but that the same shall be built by subscription as aforesaid, and by no other ways or means whatsoever. | ||
| CHAP. XXXIX. | ||
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| I. WHEREAS before the late division of the county of Albemarle into three distinct counties, by the names of Albemarle, Amherst and Buckingham, the court of the said county of Albemarle had purchased a complete set of weights and measures, of the standard of England, for the publick use of the said county, and had levied the value thereof on the inhabitants, and it is reasonable that the inhabitants of the said two new counties should be repaid their proportionable part of the same. | Justices of Albemarle to refund to Amherst and Buckingham their proportion for weights and measures before the division. | |
| 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 court of the said county of Albemarle shall, within the space of twelve months from and after the passing of the act, levy on the inhabitants of their county, and pay to the respective courts of the said counties of Amherst and Buckingham, their due share and proportion of the money laid out in the purchase of the said weights and measures, according to the number of tithables in each county; which shall be applied by the courts to the said counties of Amherst and Buckingham, either to the purchase of |
| weights and measures for the use of their respective counties, or in such other manner, for the benefit of their said counties, as they shall think proper. | ||
| CHAP. XL. | ||
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| I. WHEREAS it is represented to this present general assembly that many of the inhabitants of the counties of Cumberland and Buckingham are frequently in great distress from the scarcity of water grist-mills, of which they have but few, and those very indifferent, in their neighbourhood; and that Carter Henry Harrison, gentleman, is seized ant possessed of lands on both sides of Willis's creek, in the said county of Cumberland, where there is a commodious situation for a mill, which he would willingly build, but is doubtful that he would thereby incur the penalties of the act of assembly for clearing rivers and creeks: Be it enacted by the Lieutenant-Governour, Council and Burgesses, of this present General-Assembly and it is hereby enacted by the authority of the same, that from and after the passing of this act it shall and may be lawful for the said Carter Henry Harrison, and the proprietor of the said land for the time being, to build and erect a mill on the said creek, and raise a dam across the same, under the directions and regulations herein after-mentioned, that is to say; that he the said Carter Henry Harrison, or the proprietor of the said land, for the time being, shall, at the time of raising the said dam, build and place a lock therein, sufficient for the passage of boats and canoes, and shall also make an opening or slope in the said dam for the passage of fish, which lock and slope shall be of such dimensions, and built in such manner and form, and shall also be placed in such parts of the said dam, as shall be ordered and directed by the persons to be for that purpose nominated, and appointed | Carter Henry Harrison, authorised to build a mill over Willis's creek, in county of Cumberland. |
| by the court of the said county of Cumberland, who are hereby authorized and required to nominate and appoint such and so many proper and skilful persons to view the said dam, and give such orders and directions for placing a lock and a slope therein, as aforesaid, as they shall think fit. | |
| II. And be it further enacted, by the authority aforesaid, That if the said Carter Henry Harrison, or the proprietor of the said lands, for the time being, shall neglect or refuse to build and place such lock in his said dam, according to the directions he shall receive for that purpose, in manner aforesaid, it shall and may be lawful for the court of the said county of Cumberland to order the said mill and mill-dam to be pulled down and destroyed, and to levy the expenses thereof on the said Carter Henry Harrison, or the proprietor for the time being. | |
| III. That the opening or slope in the said mill-dam, for the passage of fish, shall be kept open from the first day of February to the last day of May in every year; and if the said Carter Henry Harrison, or the proprietor for the time being, shall fail or refuse to make such opening or slope in his said dam, he shall forfeit and pay four pounds for every month he shall so neglect or refuse, after the said dam shall be finished, in such manner as to hold a sufficient head of water for working the said mill; and if he shall neglect or refuse to keep the same open for the time aforesaid, he shall forfeit and pay four pounds for every week of the said time he shall so neglect or refuse; one moiety of which fines shall be to our sovereign lord the king, his heirs and successours, for the use of the said county of Cumberland and, shall be by the court of the said county laid out and applied towards lessening their levy by the poll; and the other moiety to the informer, and shall and may be recovered with costs, by action of debt or information, in the said court. | |
| IV. Provided always, That nothing in this act contained shall be construed, deemed or taken, to indemnify the said Carter Henry Harrison, or the proprietor of the said mill for the time being, from the action or suit of any person or persons whatsoever who shall sustain any damages by means of their lands being overflowed by the waters of the said dam; but that it shall and may be lawful for such person or |
| persons to prosecute and maintain any such action or suit, and proceed therein, in the same manner as if this act had never been made. | ||
| CHAP. XLI. | ||
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| I. WHEREAS John Wormeley, late of the county of Middlesex, esquire, was in his lifetime seized of a very valuable estate in lands, lying in the counties of Middlesex and King-William, and was also seized of a tract of land, containing four hundred and fifty acres, lying and being in the parish of Petsworth, in the county of Gloucester, adjoining the lands of Thomas Green and Robert Porteus, and of a small tract containing three hundred acres, lying in the parish of Christ-Church, in the said county of Middlesex, adjoining the town of Urbanna and the lands of Mr. Christopher Robinson, and is not contiguous to the other lands of the said John Wormeley in that county; and being so seized, he the said John Wormeley made his last will and testament in writing, bearing date the fifteenth day of April, one thousand seven hundred and twenty five, and therein did divise all his real estate to his son Ralph Wormeley, in Taille-Male, charged with the payment of his debts and younger children's fortunes, with several remainders over, as in the said will more fully is contained, but it is doubted whether the said John Wormeley had a fee-simple estate in the said lands, or only an estate taille under the will of his father Ralph Wormeley, Esquire, deceased, bearing date the twenty-second day of February, one thousand seven hundred; and after the death of the said John Wormeley the said Ralph Wormeley the younger entered into the said lands, and is thereof seized in fee-taille, either under the will of said father or grandfather. | Entail of certain lands whereof Ralph Wormeley, is seized, docked. |
| II. And whereas the said Ralph Wormeley is seized in fee-simple of and in five hundred acres of land, purchased by him of John Smith, gentleman, adjoining to the entailed land in the county of Middlesex, and of two hundred acres of land, purchased of William Trine, contiguous to his entailed land in the county of King-William, and it will be greatly to the advantage of the said Ralph Wormeley and his issue if he is allowed to sell and dispose of the said entailed land in the county of Gloucester, and the said three hundred acres of land in the county of Middlesex, which are separate from his other entailed lands, and to settle the said lands purchased to John Smith and William Trine, being of greater value, in lieu thereof; and forasmuch as notice has been published in the several churches of the said parishes of Petsworth and Christ Church, three sundays successively, that application would be made to this present general assembly to dock the entail of the said lands in the county of Gloucester, and the said three hundred acres of land in the county of Middlesex, pursuant to your majesty's instructions: may it therefore please your most excellent majesty, at the humble suit of the said Ralph Wormeley, 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 land containing four hundred and fifty acres in the county of Gloucester, and the said three hundred acres of land in the county of Middlesex, be, and the same are hereby vested in the said Ralph Wormeley, his heirs and assigns, for ever, to his and their own proper use; and that the said five hundred acres of land so purchased of the said John Smith, lying in the county of Middlesex, and the said two hundred acres of land purchased of the said William Trine, lying in the county of King-William, be, and the same are hereby vested in the said Ralph Wormeley, and the heirs male of his body, to remain, pass and descend, to all and every such person or persons, and for such estate or estates, and in such sort, manner and form, as the said four hundred and fifty acres, and three hundred acres of land, would have remained, gone and descended, by virtue of the limitations in the wills of the said Ralph Wormeley the elder and John Wormeley, if this act had never been made. |
| III. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successours, other than the persons claiming under the wills of the said Ralph Wormeley the elder or John Wormeley, all such right, title, interest, claim and demand, as they, every, or any of them, should or might have or claim, if this act had never been made. | ||
| IV. 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. XLII. | ||
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| I. WHEREAS Alexander Scott, clerk, late of the parish of Overwharton, in the county of Stafford, now deceased, was in his lifetime seized and possessed of four hundred acres of land in the said county of Stafford, and also of seven other different tracts, pieces or parcels of land, situate, lying and being, in the counties of Fairfax, and that part of the county of Prince William now called Fauquier county, to wit: one tract on Carter's run, in the said county of Fauquier, containing two thousand eight hundred and twenty-three acres; another of two thousand acres, in the county of Fairfax; another of one thousand acres, upon Wolf Run, in the said county of Fairfax; another of nine hundred and seventy acres, in the county of Fauquier; another of six hundred acres, in the said county of Fauquier; another of four hundred and eighty acres, in the said county of Fauquier; and another of four hundred acres, in the county of Stafford; and being also possessed of about thirty slaves, by his last will and testament, in writing, duly made | Agreement between Scott, the elder, clerk, & James Scott, the younger, for lands in Stafford and Fauquier confirmed. |
| and published, bearing date the nineteenth day of January, one thousand seven hundred and thirty-seven, did, amongst other things, give, devise and bequeath, the said lands and slaves, by and under the description of all the rest of his lands, tenements and houses, and all his rights, titles and interest, in and to all lands, tenements and houses, in Scotland, Virginia, or elsewhere, with all his slaves, and their increase, not therein before given and devised, to his dear and loving brother James Scott, and the heirs of his body lawfully begotten, with divers remainders over, in default of such heirs, as in and by the said will; now remaining of record in the said court of Stafford, is particularly set forth and declared; and after the death of the said Alexander Scott, the testator, which happened some time in the year of our lord one thousand seven hundred and thirty-seven, the said James his brother and devisee, named in his said will, entered into the said several tracts of land, and became seized thereof, and also possessed of the said slaves in fee-taile. | |
| II. And whereas the said James Scott, clerk, since the death of his brother the said Alexander Scott, in order to make a provision for his younger children, being seven in number besides his eldest son James Scott, his heir apparent, hath sued out of the secretary's office of this colony three several writs in the nature of an ad quod damnum, to dock the entail of three of the above-mentioned tracts of land, and would proceed in like manner to dock the entail of the several other tracts of land aforesaid, which would greatly prejudice his heir in taille, but cannot dispose of the same for their full value, and would therefore be under the necessity of retaining the possession of all the said lands and slaves during his life, in order to raise a provision for his said younger children, by which means his said eldest son, who is now married, would have no provision for, or be able to maintain, his wife and family, during his said father's life. | |
| III. And whereas the said James Scott the elder is also seized in fee-simple of and in a tract of land in the parish of Dettingen, in the said county of Prince-William, containing two thousand acres, which he purchased of Samuel Jackson, Abraham Farrow and William Ashmore, whereon he hath lately built and erected a large brick dwellinghouse, and all convenient |
| and necessary outhouses, and made several other considerable improvements thereon, which hath rendered the said tract at least as valuable as all the other lands of which he is seized in taille as aforesaid, under the will of his said brother. | |
| IV. And whereas the said James Scott the elder, in order as well to make an immediate provision for the said James Scott his eldest son, and his family, as to enable him to raise and make a provision for his said younger children, hath entered into an agreement with the said James his son to put him into immediate possession of the said two thousand eight hundred and twenty-three acres of land in the county of Fauquier, together with seventeen slaves herein after-named, to descend, pass, and go therewith, in fee-taille, under the will of the said Alexander Scott, deceased; and also to settle the said lands in the county of Prince-William, so purchased by him of the said Samuel Jackson, Abraham Farrow and William Ashmore, on his said son James, together with the improvements, hereditaments and appurtenances, thereunto belonging, and the heirs of his body; together with sixteen slaves, herein after also named, to descend, pass, and go therewith, as the said entailed lands would descend and go, under the will of the said Alexander Scott; in lieu whereof the said James Scott the son hath consented and agreed that the said James Scott the elder, his father, shall stand seized in fee-simple of and in the said two thousand acres of land in the county of Fairfax, and also of six several other tracts of land first above-mentioned, which are of less value than the said two tracts of lands and slaves so proposed to be put into the possession of, and settled on, the said James Scott the son; and they have made their humble application to this present general-assembly for an act to confirm and establish their said agreement. | |
| V. And forasmuch as notice hath been published, three Sundays successively, in the several churches of the parishes of Truro, Overwharton and Hamilton, that application would be made to this present general-assembly for an act to dock the entail of the seven tracts of land in the counties of Fairfax, Fauquier and Stafford, pursuant to your majesty's royal instructions: may it therefore please your most excellent majesty, at the humble suit of the said James Scott the elder and James Scott the younger, that it may be |
| enacted, And be it enacted, by the Lieutenant Governour, Council and Burgesses, of this present General-Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing this act the said James Scott the elder shall stand seized in fee-simple of and in the said several tracts of land of four hundred acres in the county of Stafford, the said two thousand acres in the said county of Fairfax, the said one thousand acres on Wolf Run in the said county of Fairfax, the said nine hundred and seventy acres in the said county of Fauquier, the said six hundred acres in the said county of Fauquier, the said four hundred and eighty acres in the said county of Fauquier, and of the said four hundred acres in the said county of Stafford, any thing in the said will of the said Alexander Scott, or any statute, law, usage or custom, to the contrary thereof, in any wise, notwithstanding; and that the said James Scott the son shall stand and remain seized of the said tract of two thousand eight hundred and twenty-three acres of land, with the appurtenances, on Carter's run, in the said county of Fauquier, under the will of the said Alexander Scott, in fee-taille: and that seventeen male and female slaves named and called Judie, Moll, great Jamie, little Jamie, old Tom, Elgin, Dipple, Roger, Maria, Charlotte, yellow Betty, Tony, Abraham, little Moses, black Bett, little Jenny and Winney, shall be, and they are hereby annexed to the said two thousand eight hundred and twenty-three acres of land; and together with the future increase of the said females, shall descend, pass and go, in possession, remainder and reversion, in the same manner, and to the same person and persons, as the said lands shall descend, go, remain and revert. −− And also that the said two thousand acres of land in the said county of Prince-William, so purchased by the said James Scott the elder of the said Samuel Jackson, Abraham Farrow and William Ashmore, together with the improvements and other appurtenances thereon and thereunto belonging, shall be, and are hereby vested in the said James Scott the younger and the heirs of his body; and together with sixteen male and female slaves, named and called Davie, Frank, Will, Bob, great Sawney, little Sawney, Samson, Peg, Bee Eye, little Frank, Dick, Moses, yellow Jenny, Joan and Hannah, which are hereby annexed to the last mentioned tract of land, shall descend, pass |
| and go, in possession, remainder and reversions, in the same manner, and to the same person and persons, as the other entailed lands shall descend and go under the will of the said Alexander Scott, deceased. | ||
| VI. Saving always to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successours, other than the said James Scott the son, and all and every person and persons claiming under the will of the said Alexander Scott, all such right, title and interest, as they, every, or any of them should or might claim, if this act had never been made. | ||
| VII. 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. XLIII. | ||
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| I. WHEREAS it hath been represented to this present general assembly by Henry Scarburgh that he is sized in taille of a tract of land, containing three thousand and fifty acres, lying and being on Pungoteague Creek, in the county of Accomack, but hath no slaves to cultivate the same, and that it will be greatly to the advantage of himself and his posterity, and those claiming in remainder or reversion, to dispose of part of the said tract of land, to descend and pass therewith in the same manner as the said tract of land would pass if this act had never been made; and whereas notice hath been published three Sundays successively, in the church of the parish where the said land lies; that application would be made to this present-general assembly for an act to dock the entail of a moiety of the said tract of land, | Entail of certain lands whereof Henry Scarburgh is seized, docked. |
| and to vest the same in trustees, to be sold for the purposes aforesaid, pursuant to your majesty's instructions: may it therefore please your most excellent majesty, at the humble suit of the said Henry Scarburgh, 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 one thousand five hundred and twenty-five acres, being a moiety of the said tract of three thousand and fifty acres, to be laid off on that side of the tract which lieth on the head of the said creek, be, and the same are hereby vested in John Smith, George Parker, James Henry, Thomas Parramore, James Rule and James Arbuckle, gentlemen, and the survivers or surviver of them, in trust; to be sold and disposed of by them, for the best price that may be got for the same, as soon as can be conveniently done; and the said survivers or surviver of them, shall, by good and sufficient deeds of conveyance in the law, convey the said one thousand five hundred and twenty-five acres of land to the purchaser or purchasers, and his, her, or their heirs, for ever. | |
| II. And be it further enacted, by the authority aforesaid, that the said trustees or the greater part of them, or their survivers, shall fairly lay out the money arising from the sale of the said land, in slaves, to be annexed to the remaining moiety of the said three thousand and fifty acres; and they are hereby empowered and required to cause a deed or deeds to be executed to the said Henry Scarburgh for the said slaves so to be purchased, which said deeds shall recite the title and this act, and shall be acknowledged, or proved and recorded, in the manner prescribed by law for slaves to pass by deed of gift: and the said Henry Scarburgh, from, and immediately after the executing of such deed or deeds, shall be possessed of such slaves, and their future increase, as annexed to the remaining moiety of his said land, to descend and pass through the same courses of descent with the said land itself. | |
| III. And be it further enacted, that the said trustees shall cause the names of the said slaves to be recorded in the court of the said county of Accomack. |
| IV. Saving to the king's most excellent majesty, his heirs and successours, and every person and persons, bodies politic and corporate, their respective heirs and successours, other than the persons claiming under the entail of the said lands, or in remainder or reversion, all such right, title, estate, interest, claim and demand, as they, every, or any of them should or might claim, if this act had never been made. | ||
| V. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XLIV. | ||
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| I. WHEREAS William Colston, late of the county of Richmond, was in his lifetime, and at the time of his death, seized in fee-simple of and in two several tracts of land, one situate in the county of Northumberland, the other in King-George, known by the name of the muddy creek tract; and being so seized, by his last will and testament, in writing, bearing date the twenty seventh day of October, one thousand seven hundred and one, did give unto his son William Colston the aforesaid two tracts of land (by the description of all the rest of his lands belonging unto him, wheresoever situated and lying) unto him, and the heirs of his body lawfully begotten, with a remainder over unto his son Charles: and whereas the said William Colston, the son, having entered into the said two tracts of land devised to him, and being seized thereof in fee-taille, departed this life in the year one thousand seven hundred and twenty one, leaving issue two daughters, Mary and Frances, the first of which intermarried with John Smith, gentleman, of the said county of Richmond, and the other with Joseph | Certain lands in King George and Northumberland vested in James Hubbard. |
| Morton, late of the county of James-City, who in the year one thousand seven hundred and thirty-eight, with the consent of their wives, made division of the said two tracts of land so devised by the will of the said William Colston, the elder, that in the county of Northumberland to be the part of the said John Smith and Mary his wife, the other in the county of King George, containing, as appears by the will of William Colston the son, eight hundred and forty-eight acres, be the same more or less, to be the part of the said Joseph Morton and Frances his wife, who left issue an only child, named Frances, the wife of James Hubard. | |
| II. And whereas the said James Hubard is seized in fee-simple of and in several half-acres, or lots of land, to the number of six, with valuable buildings thereon, situate and being in the city of Williamsburg, which were purchased by him of Richard Bland and Robert Beverley, esquires, and conveyed by deeds recorded in the general-court, and it will be greatly to the advantage of the said James Hubard and Frances his wife, and all those claiming in remainder or reversion, to vest the said tract of land in the county of King George in the said James Hubard in fee-simple, and to settle the several half-acres, or lots of land, with the buildings thereon, with the slaves hereafter-mentioned, to the same uses, to which the said Frances Hubard consents. | |
| III. And forasmuch as notice has been published three Sundays successively, in the parish church of Brunswick, in the said county of King-George, that application would be made to this present general-assembly to vest the said lands in the County of King-George in the said James Hubard in fee-simple, and to settle other lands, with certain slaves thereto annexed, of greater value, 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 James Hubard, and Frances 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 tract of land in King-George be, and the same is hereby vested in the said James Hubard, his heirs and assigns, to his and their own proper use and behoof, |
| for ever; and that the said several lots, or half-acres of land, in the city of Williamsburg, whereof the said James Hubard is seized, together with the negro slaves herein after named, to wit, Belinda, Dol, Nanny and Esther, four women; Sarah and Moll, two girls; David and Pompey, two men; Charles and Dick, two boys; shall pass and descend as the said lands in the county of King-George would have done under the will of the said William Colston 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 politic and corporate, other than the persons claiming under the will of the said William Colston, all such right, title, interest, estate, claim and demand, as they, every, or any of them should or might claim, if this act had never been made. | |
| V. Provided always, That it shall not be in the power of the said James Hubard, or any person whatever, to cut off the entail of the said six lots, or half-acres of land, or any part thereof, by a writ of ad quod damnum; but that they shall pass and descend, in the same manner as the lands vested in him by this act would have done. | |
| 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. |
| Pages 590-613
| Pages 639-669
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