Pages 112-137 
|  Pages 163-188
|
| Pages 112-137
| Pages 163-188
|
| CHAP. XXVI. | ||
| ||
| I. WHEREAS the method prescribed for the trial of slaves committing capital crimes, in and by an act made in the twenty-second year of the reign of his late majesty king George the second, entitled An act directing the trial of slaves committing capital crimes, and for the more effectual punishing conspiracies and insurrections of them, and for the better government of negroes, mulattoes, and Indians, bond or free, hath occasioned much unnecessary expense and trouble in sending to the governour or commander in chief from the different parts of this colony for commissions of oyer and terminer for the trial of each particular slave, which commissions issue of course to the justices of the county, and it would save such expense and trouble if a power of trying slaves was vested in the justices of the county courts, without such particular commissions; and as the power of the commissioners determines at a certain time, difficulties have arisen in many cases, where the judgments could not be carried into execution within the time limited: For remedy whereof, may it please | Preamble. |
| your most excellent majesty 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 commencement of this act the governour or commander in chief of this colony for the time being is desired and empowered to issue commissions of oyer and terminer directed to the justices of each county respectively, empowering them from time to time to try, condemn, and execute, or otherwise punish or acquit, all slaves committing capital crimes within their county; and when any commission for constituting justices of the peace shall thereafter issue, a general commission of oyer and terminer for the purposes aforesaid shall be sent therewith, and directed to the same persons: And such justices, or any four or more of them (one being of the quorum) having taken the usual oaths to his majesty's person and government, and subscribed the same, and repeated and subscribed the test, and having also taken an oath well and truly to execute the office of justice of oyer and terminer, according to such commission, without favour, affection, or partiality, shall have power, and they are hereby required, to meet at the court-house of their county, at any time when there shall be occasion, for the trial of any slave or slaves committing any offence which by law is punishable with death or loss of member, or for carrying into execution any judgment by them given on such trial. | Commissions of oyer and terminer for trial of slaves to be issued. |
| II. And be it further enacted, by the authority aforesaid, That when any slave or slaves shall at any time hereafter be committed to any county gaol by precept from a justice of the peace for any criminal offence, such justice shall forthwith issue his warrant to the sheriff of the county, requiring him to summon the justices to meet at their court-house on a certain day to be in such warrant appointed, to hold a court for the trial to such criminal or criminals; on which day, or at such other time as shall be appointed, in case a court shall not then be held, the said justices, or any four or more of them (one being of the quorum) shall cause the offender or offenders to be publickly arraigned and tried, without the solemnity of a jury, upon such evidence, in like manner, and subject to the several regulations in the herein before recited act directed and required, where the same is not hereby altered. | Court how convened. |
| III. Provided always, and be it further enacted, That where any slave shall be convicted of manslaughter for killing a slave, such offender shall be allowed the benefit of clergy. | Manslaughter by a slave how punishable. | |
| 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. XXVII. | ||
| ||
| I. WHEREAS James Pendleton, sheriff of the county of Culpeper, in the year one thousand seven hundred and fifty nine, did employ one Stephen Jett to be his under sheriff and collector of the land tax in that part of the said county which lieth in St. Mark's parish, but before such collection was finished the said Jett privately removed out of the colony, without rendering any account of what he had received for such land tax, or paying the money for the same; and the proprietors of lands in the said county having also neglected to give in to the clerk of the court a list of their respective lands, as required by law, the same being within the proprietary of the right honourable Thomas lord Fairfax, it was impossible to determine with precision how much the securities for the said Jett should be made accountable for: Nevertheless, on the motion of the treasurer to the general court in October last, judgment was given for his majesty against the executors and securities of the said James Pendleton, deceased, for three hundred and four pounds thirteen shillings and four pence, in which was included the sum of one hundred and seventy four pounds seven shillings and nine pence for the amount of the land tax in the said parish, as the same had been | Arrears of land tax in Culpeper county how collected. |
| accounted for the preceding year, which sum is to be repaid by the securities for the said Stephen Jett, although it is supposed great numbers of the proprietors of land in the said parish did not pay their land tax for the said year, which is unreasonable. | |
| 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 sheriff of the said county of Culpeper shall, and is hereby empowered and required, forthwith to collect and receive of and from the owners and proprietors of land in the said parish of St. Mark's, in the county of Culpeper, the arrears of land tax of two shillings and three pence for every hundred acres, for the said year one thousand seven hundred and fifty nine; and on failure of payment, when demanded, shall levy the same by distress and sale of the delinquent's goods, as in case of other distress. | |
| III. Provided always, by the authority aforesaid, That every such owner or proprietor who shall produce to the sheriff a receipt for the said land tax from the said Stephen Jett, or some other person having authority to receive the same, or shall make oath to such payment before a justice of the peace, shall be discharged from any further payment, and the sheriff shall enter into his book a particular account of the persons so discharged, distinguishing whether they produced a receipt, or made oath as aforesaid. | |
| IV. And be it further enacted, That the said sheriff shall, on or before the twenty-fifth day of October next, render an account upon oath to the treasurer of all the money by him received in pursuance of this act, and also an account of what shall appear to have been paid to the said Stephen Jett, or no other person for him; and shall at the same time pay the money so by him received, deducting five per centum upon the amount thereof, and also upon the amount of the money which shall have been paid to the said Jett: And if the sheriff shall fail to account and pay according to the directions of this act, he or his securities, his or their heirs, executors, or administrators, shall be liable to a judgment, on the motion of the treasurer, in the same manner as is in the case of other taxes. And on payment to the treasurer of what shall appear to have been received by the said Stephen Jett, or other person, and the five per centum allowed the present sheriff thereon |
| the executors and securities of the said James Pendleton shall be discharged from the sum of one hundred and seventy-four pounds seven shillings and nine pence, part of the judgment aforesaid; and shall be entitled to receive from the securities of the said Stephen Jett, on this account only, the sum so by them to be paid. | |
| V. And whereas before the late division of the county of Lunenburg, pursuant to the act passed in the former part of this session for that purpose, there remained in the hands of the sheriff of the said county a depositum of a considerable quantity of tobacco due to the said county, besides which there was also due to the county from the publick a further quantity of tobacco levied for them in the last publick proportions for their charges on criminals, and for rewards for killing wolves, and it is reasonable that the inhabitants of the two new counties of Charlotte and Mecklenburg should be reimbursed their equal proportion of the said depositum in the hands of the said sheriff of Lunenburg, as also receive their respective shares of the said publick levy: Be it therefore enacted, by the authority aforesaid, That Paul Carrington, Robert Munford, William Taylor, and Clement Read, shall be, and they are hereby nominated, constituted, and appointed commissioners for the purposes of this act; and that the said commissioners, or any three of them, shall, as soon as conveniently they can after the passing of this act, make a fair, just, and equal partition and division, as well of the said tobacco remaining as a depositum in the hands of the said sheriff of Lunenburg, as of the tobacco due from the publick as aforesaid, between the said three counties of Lunenburg, Mecklenbug, and Charlotte, according to the number of tithables in each respective county at the time the said division took place; and that the sheriff of the said county of Lunenburg shall thereupon pay to the justices of each of the said counties their respective proportions, so settled and adjusted by the said commissioners for the sue of the respective counties. | Certain public claims due the county of Lunenburg, to be equally divided between that and the new counties of Mecklenburg and Charlotte. |
| CHAP. XXVIII. | ||
| ||
| I. WHEREAS it is represented to this present General Assembly that the maunfacturing of leather hath of late years very greatly increased in this colony, and become a considerable article of commerce, and would be more extensively prosecuted, but for the excessive duties imposed on the exportation of skins and furs by one act of Assembly made in the fourth year of the reign of queen Anne, entitled An Act for laying an imposition upon skins and furs, for the better support of the college of William and Mary in Virginia, and by one other act made in the eighteenth year of the reign of his late majesty king George the second, entitled An Act for amending an act entitled an act for laying an imposition upon skins and furs, for the better support of the college of William and Mary in Virginia: For the encouragement therefore of such useful manufactories, 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 to and for any person or persons intending to export any dressed hide or skin, before the same shall be exported, to make oath before any justice of the peace of the county where he lives to the several parcels or packages intended to be exported, and the number of hides or skins contained therein; and further, that such hides or skins had been before imported into this colony by the person or persons so intending to export them; which oath shall be certified by the justice administering the same, and his certificate delivered by the master of the ship or vessel wherein the same shall be shipped, or by the person who shall have the charge of such hides or skins to be exported by land, to the naval officer or other collector of the duties on skins, hides, and furs, who shall thereupon sign a clearance and permit for the exportation thereof, without demanding any duties or impositions for the same; any thing in the said two acts above mentioned, or in any other act, to the contrary thereof, in any wise, notwithstanding. | Exporters of dressed hides and skins exempted from duties on such as had before been imported. |
| II. 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. XXIX. | ||
| ||
| I. WHEREAS the act of assembly made in the third year of his present majesty's reign, entitled, An Act for inspecting pork, beef, flower, tar, pitch and turpentine, hath been found defective, and it is 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 from and after the passing of this act every person making, or causing to be made, wheat flower, intended for exportation, or his miller, being a white man, shall make oath before a justice of the peace that the flower by him intended to be exported or sold for exportation is fine, clean, and pure, not mixed with meal of Indian corn, pease, or any other grain or pulse, and that his casks are justly tared to the best of his knowledge, which oath every justice of the peace is hereby empowered and required, upon request of the owner of such flower, or his miller, being a white man, to administer, and shall grant a certificate of such oath before him made, and such certificate being produced to the inspector he shall bore the said casks through, and diligently view and examine the flower therein contained, and if by him found fine, clean, pure, unmixed, and merchantable, shall stamp or brand on the head of very such cask or barrel the first letter of his county, the letter V for Virginia, the first letter of his own christian name, his whole surname at length, the word fine, and the gross, tare and neat weight thereof, for which he may demand and take for every barrel of flower containing two hundred and twenty pounds neat or less three pence, and for every cask of greater weight | Oath of manufacturer of flour. Barrels, how branded. |
| six pence, and no more, to be paid down by the owner; and if he shall suspect the tare of such cask or barrel to be false he shall start the flower and weigh the cask or barrel, and if found false the owner shall for every such cask or barrel forfeit and pay the sum of ten shillings, to the informer, recoverable before any justice of the peace of this colony: And if any inspector shall neglect his duty, or stamp or brand any flower contrary to this act, he shall forfeit and pay for every offence twenty shillings, recoverable by the informer, with costs, before a justice of the peace of the county where such offence shall be committed. | Penalties. |
| II. And be it further enacted, by the authority aforesaid, That from and after the passing this act no miller shall be appointed an inspector of flower. | No miller to be inspector. |
| III. And be it further enacted by the authority aforesaid, That no person shall presume to sell, or expose to sale, or barter, any barrel of pork or beef without being first inspected according to the directions of the said act, under the same penalty as is inflicted on persons offering any for sale or barter under the weight or gauge by the said act directed. | Penalty for selling pork or beef, not inspected. |
| IV. And be it further enacted, by the authority aforesaid, That every master of a vessel wherein pork, beef, flower, tar, pich, [pitch, ] or turpentine, is intended to be exported, shall at the time of entry make oath that he will not knowingly take or suffer to be taken on board his ship or vessel any pork, beef, flower, tar, pitch, or turpentine, contrary to law, which oath the respective naval officers of this colony are hereby required to administer, and such master shall also produce a certificate from the inspectors of such commodities at the time of his clearing out his vessel; and if any naval office shall clear out any ship or vessel wherein pork, beef, flower, tar, pitch, or turpentine, shall be exported, without first administering to the master of such ship or vessel the oath required by this act, or without such certificate being produced and lodged in his office, or endorsed, as the case may require, every naval officer so neglecting shall for every neglect forfeit and pay the sum of fifty pounds, recoverable, with costs, by the informer, in any court of record within this colony, where the same shall be cognizable. | Oath of master of vessel in which pork, beef, flour, tar, pitch, or turpentine, is exported. |
| V. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force from and after the passing thereof until the first day of August | Continuance of act. |
| one thousand seven hundred and seventy-three, and from thence to the end of the next session of assembly; and that so much of the said recited act as is within the purview of this act be, and the same is hereby repealed. | ||
| CHAP. XXX. | ||
| ||
| I. WHEREAS by a settlement made by the several agents of the colonies of North America, it appears that the sum of ten thousand nine hundred and forty-seven pounds sterling was received from his majesty's treasury, by the agents of Pennsylvania, more then their proportion of the money granted by parliament to the said colonies for the services by them performed in the year one thousand seven hundred and sixty, and by the said settlement it further appears that the proportion of the said sum due from Pennsylvania to this colony is one thousand and nine pounds six shillings and six pence sterling, which has not hitherto been paid to any person for the sue of this colony: | Treasurer to receive from Pennsylvania a money drawn by that province, more than its proportion of the grant, by parliament, to the colonies, for their services in the late war. | |
| 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 John Robinson, esquire, treasurer of this colony, or the treasurer for the time being, appointed by or pursuant to an act of assembly, shall have full power and authority to receive, of and from the person or persons who are or shall be directed or appointed by the assembly of the said province of Pennsylvania to pay the same, the said sum of one thousand and nine pounds six shillings and six pence sterling; to be accounted for by the said treasurer to the general assembly, after deducting two and a half per cent. for his trouble in receiving the same. |
| CHAP. XXXI. | ||
| ||
| WHEREAS there are considerable quantities of military stores of divers sorts now remaining in the publick magazine in the city of Williamsburg, which are of little use or value, and in a short time will be rendered entirely useless, if they continue 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 Peyton Randolph, George Wythe, Lewis Burwell, Philip Johnson, and John Randolph, esquires, be, and they are hereby appointed commissioner for the sale and disposing of the said useless military stores; and it shall and may be lawful to and for the said commissioner, or any three of them, after having carefully examined into the condition of the arms and other military stores in the said magazine, to sell and dispose of such of them as they shall judge unnecessary to retain in the said magazine for publick use, or which may be destroyed or rendered useless by continuing there any longer: And the said commissioners shall account for and pay one moiety of the money arising from the sale thereof to the receiver general of his majesty's revenues, and the other moiety to the treasurer of this colony, to be by him accounted for to the general assembly. | Military stores, in magazine, to be sold. | |
| CHAP. XXXII. | ||
| ||
| 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 a | Ferry at Mecklenburg (now |
| ferry be established and constantly kept from the land of Thomas Shepherd, in the town of Mecklenburg, in the county of Frederick, over Potowmack river, to his land opposite thereto in the province of Maryland; the price for a man three pence, and for a horse the same. And for the transportation of wheel carriages, tobacco, cattle, and other beasts, the ferry-keeper may demand and take the following rates, to wit: For every coach, chariot, or waggon, and the driver thereof, the same as for six horses; and for every cart, or four-wheeled chaise, and the driver thereof, the same as for four horses; for every two-wheeled chaise, or chair, the same as for two horses; for every hogshead of tobacco, the same as for one horse; and for every head of neat cattle, the same as for one horse; and for every sheep, goat, hog, or lamb, one fourth part of the ferriage of one horse, according to the price herein before settled at the said ferry. | Shepherd's town) established. | |
| CHAP. XXXIII. | ||
| ||
| I. WHEREAS it is represented to this present general assembly that the rewards given for killing wolves are not sufficient to induce persons to spend the time necessary to accomplish the destruction of that pest, which have lately become very numerous in the frontiers, and many other counties within this colony; and whereas the inhabitants of several counties have desired that the rewards for killing wolves within the said counties may be increased, and that the same may be paid by the respective counties wherein the services shall be performed: 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, | Rewards for killing wolves, in certain counties encreased. |
| That from and after the passing of this act, and during its continuance, every person who shall kill any wolf within the counties of Hampshire, Frederick, Loudoun, Prince William, Fauquier, Buckingham, or Culpeper, shall have an additional reward of fifty pounds of neat tobacco for every young wolf not exceeding the age of six months, and for every wolf above that age one hundred pounds of neat tobacco, to be levied and paid in the respective counties wherein the services shall be performed; and the said several county courts of Hampshire, Frederick, Loudoun, Prince William, Fauquier, Buckingham, and Culpeper, are hereby empowered and required to levy the same in their annual county levy, to the party or parties entitled thereto. | ||
| II. Provided always, That the said county courts of Hampshire and Frederick shall levy the rewards given by this act in money, at the rate of twelve shillings and six pence for every hundred weight of neat tobacco. | ||
| II. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force for three years, and no longer. | ||
| CHAP. XXXIV. | ||
| ||
| I. WHEREAS extending the navigation of James river, from Westham downwards through the great falls, also of Chickahominy river, and the north branch of James river, from the mouth thereof upwards, will be of great benefit and advantage, as well to the inhabitants of the interiour parts of the colony, as to the publick in general, and it is represented to this present general assembly that many persons are willing and desirous to subscribe and contribute thereto: For the encouragement, therefore, of such laudable and useful undertakings, 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 | Provision for clearing the great falls of James river, the river Chickahominy, and the north branch of James river. |
| same, That the honourable Peter Randolph and William Byrd, esquires, Archibald Cary, John Fleming, Richard Adams, Robert Bolling, junior, William Cabell, Robert Carter Nicholas, John Wayles, Samuel Jordan, and Thomas Bolling, gentlemen, be, and they are hereby nominated, constituted, and appointed trustees for clearing the great falls of James river; Benjamin Harrison, Bowler Cocke, junior, Richard Adams, Burwell Bassett, Thomas Adams, William Massy, William Dangerfield, Peter Russel, Thomas Watkins, Jonathan Patterson, and Ambrose Dudley, gentlemen, trustees for the river Chickahominy; and Thomas Walker, Edward Carter, Charles Lewis, Nicholas Lewis, Thomas Jefferson, Henry Fry, Nicholas Meriwether, John Walker, John Hervey, Valentine Wood, and James Adams, gentlemen, for the north branch of James river; and they are hereby respectively authorized and empowered to take and receive subscriptions for that purpose. And if any person or persons shall neglect, fail, or refuse, to pay the several sums of money by them respectively subscribed for the purposes of this act, it shall and may be lawful for the said trustees respectively to sue for and recover the same, in the name of the trustees, for clearing the river whereof they are by this act respectively appointed trustees, by petition, where the subscription shall not exceed five pounds; and where the same shall be above that sum, by action of debt. | |
| II. And be it further enacted, by the authority aforesaid, That the said trustees respectively, or the major part of them, shall have full power and authority to contract and agree with any person or persons for clearing the said rivers, or extending the navigation of James river aforesaid, from Westham aforesaid, downwards through the great falls, n such manner as to the said trustees shall seem most proper; and to remove all hedges, rocks, or stops, which the said trustees shall think may in any wise obstruct the said navigation. 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 go on shore on the lands of any person whatsoever, and to dig, cut out, and open, such canals or aqueducts, for the passage of the water of the said rivers, and to build and place such locks therein as they shall think proper, without being subject to an action for the same. And if any suit shall be commenced for any thing to be done in pursuance of this act, the person |
| or persons sued may plead the general issue, and give this act in evidence; and every court before whom such suit shall be prosecuted, where a verdict shall be found for the defendant, and treble costs. | |
| III. Provided always, and be it enacted, That the lands through which any such canal or aqueduct is proposed to be opened shall be first viewed and valued, by a jury to be empanelled and sworn by order of the court of the county where such lands lie, on application of the trustees, in the same manner as is by law directed in cases of petitions preferred for land to build a mill on; and shall be paid for the said trustees, before such proposed canal or aqueduct shall be cut or opened. | |
| IV. And be it further enacted by the authority aforesaid, That the said trustees respectively, or the major part of them, from time to time, as often as they shall see occasion, shall and may nominate and appoint one or more of their number willing to undertake the same to be receiver or receivers of all monies that shall be subscribed for the purposes of this act; who shall, in the court of the county where he or they shall reside, give bond, with sufficient security, in a reasonable penalty, payable to his majesty, his heirs, and successours, with a condition that he or they, his or their heirs, executors, and administrators, at all times when required, shall and will truly and faithfully account with the said trustees for all such monies as shall come to the hands of such receiver for the purposes of this act, and pay the same to such person or persons as the said trustees, or the major part of them, shall order and direct. | |
| V. And be it further enacted, That in case of the death, resignation, 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, or any six of them, from time to time, to elect and choose so many other persons in the room of those so dead, resigning, removed, or disabled, as shall make up the number of eleven; which trustees, so chosen, shall be vested with the same power and authority as any other in this act particularly named |
| CHAP. XXXV. | ||
| ||
| I. WHEREAS by an act of assembly, made in the fourth year of his present majesty's reign, entitled An act for appointing commissioners to examine and state the accounts of the militia lately ordered out into actual service, and for other purposes therein mentioned, it is amongst other things enacted that when any county lieutenant, or other commanding officer of the militia, shall be required by the governour or commander in chief of this colony to draught any part of his militia, pursuant to the act of assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled An act for reducing the several acts for making provision against invasions and insurrections into one act, such county lieutenants, or other commanding officer, shall be empowered to offer a bounty of forty shillings to every person who will voluntarily engage in the service, and the persons so engaging shall be entitled to such bounty, to be paid by the publick, on such officers certificate to the next session of assembly, which bounty hath occasioned a great expense to the colony: | So much of the act as allows bounty to militia, instead to drafts repealed. | |
| 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 every clause and article contained in the first recited at of assembly, relating to the said bounty, shall be, and the same is hereby repealed, and declared void. |
| CHAP. XXXVI. | ||
| ||
| I. WHEREAS it is represented to this present General Assembly that a considerable trade and commerce is carried on between the inhabitants of the county of Augusta, residing on the south-western side of the mountains, and the inhabitants of that and the neighbouring counties on the other side thereof, which would be rendered much easier, and might be greatly extended, if a road was opened and cleared over the said mountain at a place called the Swift Run Gap, which cannot be effected in the manner prescribed by the laws of this colony for clearing of roads, and will be attended with a more than ordinary expense: | Provision for opening a road over the mountains, at Swift Run Gap. | |
| 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 the court of the said county of Augusta, and they are hereby authorized and empowered from time to time, as they shall think it necessary, to appoint and contract with proper persons to open and clear a road over the said mountains through the said gap called Swift Run Gap, and to levy the expense thereof on the tithable inhabitants of the said county, at the time of their laying the county levy, so that such expenses shall not exceed the sum of one hundred pounds in the whole; which shall be levied and collected in the same manner as the other county levies, and paid to the persons entitled to the same. |
| CHAP. XXXVII. | ||
| ||
| I. WHEREAS your majesty's royal grandfather, of blessed memory, by his royal charter bearing date the fifteenth day of September, in the tenth year of his reign, under the seal of this your majesty's colony and dominion of Virginia, was most graciously pleased to grant to the inhabitants of the town of Norfolk that the same should be a borough and body corporate, consisting of a mayor, recorder, eight aldermen, and sixteen common councilmen; and was also pleased to grant among other things herein contained, that the said mayor, recorder, and aldermen, might hold a court of hustings once in every month within the said borough, and have jurisdiction, and hold plea of trespass and ejectment, and all writs of dower, for any lands and tenements within the said borough, and all other actions personal or mixed, arising within the same, so as the demand in such actions, personal or mixed, do not exceed twenty pounds current money, or four thousand pounds of tobacco. | Recital of charter of Norfolk. | |
| II. And whereas it is represented to this present general assembly, as well by the mayor, recorder, aldermen, and common councilmen, as other inhabitants of the said borough, and also of the county of Norfolk, that under the restrictions and limitations of the said charter but a very inconsiderable part of the actions arising within the said borough can be prosecuted in the said court of Hustings, whereby suitors are compelled to prosecute for the recovery of their debts in the court of the said county of Norfolk, where the demand exceeds the sum of twenty pounds, or four thousand pounds of tobacco, which hath created a multiplicity of business in that court, and rendered the determination of them very tedious and inconvenient, as well to the justices of the said court, as the parties concerned. | ||
| III. And it is also represented that the good government of the said borough doth very much depend upon the well ordering of servants and apprentices within the same, and a due correction and punishment of persons |
| guilty of a breach of the peace, whereof the said court of Hustings hath not at present a competent jurisdiction. | ||
| IV. May it therefore please your most excellent majesty that it may be enacted, And be it enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act the said court of Hustings and shall have jurisdiction, and hold plea of all suits in chancery, and of all actions personal and mixed, and attachments, whereof any county court within this colony by law have or can take cognizance; and shall and may hear and determine all complaints of masters, servants, and apprentices, and for breaches of the peace, within the said borough, in the same manner as the court of the said county of Norfolk now doth; and that the mayor, recorder, and aldermen, of the said borough, shall respectively have, use, and exercise, all the powers, jurisdictions, and authorities, out of court, which any justice or justices of the peace of a county now have, or can or may use or exercise, any act heretofore made to the contrary thereof in any wise notwithstanding. | Jurisdiction of Court of Hustings of Norfolk enlarged. | |
| 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. XXXVIII. | ||
| ||
| I. WHEREAS Matthew Godfrey, formerly of the county of Norfolk, by his last will and testament, bearing date the thirteenth day of March one thousand seven hundred and fifteen−−sixteen, did, amongst other things, give to the poor of the said county of Norfolk one hundred acres of land, or thereabouts, together with sundry | Donation of Matthew Godfrey equally divided between parishes of Norfolk. |
| slaves, to be let out from year to year for he good of the poor of the said county, as the vestry of the parish in the said county should see good and most profitable; and whereas by an act of Assembly made in the first year of the reign of his present majesty, entitled An act for dividing the parish of Elizabeth river, in the county of Norfolk, into three distinct parishes, for dissolving the vestry of the said parish, and for other purposes therein mentioned, the said parish of Elizabeth river was divided into three parishes, by the names of St. Bride's, Portsmouth, and Elizabeth river, and it was by the said act, amongst other things, directed and enacted that the said lands and slaves, and the increase of the said slaves, should be, and were thereby vested in the justices of the said county of Norfolk for the time being, and their successours, in trust: Nevertheless, that the said justices, and their successours, should let and hire out the said lands, together with the house or houses built thereon, and also the said slaves, and their increase, annually, for the best price that could be got for the same, and should once a year, in the month of May, equally divide the rents and profits thereof between the said three parishes, in proportion to the number of tithables in each respective parish, and should pay and deliver such proportionable part of the said rents and profits as aforesaid to the vestries of the said parishes respectively, to be by them applied for and towards the support and maintenance of the poor of their respective parishes. | |
| II. And whereas many inconveniences have arisen in the execution of the said act, and some losses have already happened in the hiring out the said slaves, the persons to whom they have been hired not taking proper care of them when they have been sick, and the directions to the said act for renting out the said lands annually have rather impaired than augmented the yearly rents thereof, and the ministers, vestries, and other inhabitants of the said parishes, have petitioned this present General Assembly that the said slaves may be divided between them, and also that the said lands may be valued, and vested in the vestry of the said parish of Elizabeth river, where the same lies, upon their paying to the vestries of the two other parishes an equal proportion of such valuation, to be laid out by them in the purchase of other lands for the use of the poor of their respective parishes. |
| III. Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That Lemuel Riddick, Willis Riddick, Edward Hack Moseley, and Anthony Walke, junior, gentlemen, shall be, and they are hereby appointed commissioners to value the said lands, and divide the said slaves, and the said Lemuel Riddick, Willis Riddick, Edward Hack Moseley, and Anthony Walke, junior, or any three of them, shall, and they are hereby empowered and required, between the last of June and the first day of October, in the year one thousand seven hundred and sixty six, to make a fair, just, and equal division of all the said slaves, and their increase, between the said three parishes of Elizabeth river, St. Bride's, and Portsmouth, and shall cause such partition and division, together with the names of the slaves assigned to each respective parish, to be entered amongst the records of the said county; and at the same time the said Lemuel Riddick, Willis Riddick, Edward Hack Moseley, and Anthony Walke, junior, or any three of them, shall, and they are hereby required to lay a value upon the said lands, with the improvements thereon, which shall in like manner be recorded to lay a value upon the said lands, with the improvements thereon, which shall in like manner be recorded, an equal proportion of which valuation the vestry of the said parish of Elizabeth river shall pay to the vestries of each of the said parishes of St. Bride's and Portsmouth, according to the number of tithables in each respective parish at the time the said valuation shall be made, upon due payment whereof the vestry of the said parish of Elizabeth river for the time being, and their successours, shall be made, upon due payment whereof the vestry of the said parish of Elizabeth river for the time being, and their successours, shall be, and are hereby declared to be vested with the said lands, and its appurtenances for the use of the poor of the said parish. | Slaves to be divided between the three parishes. Lands to be held by parish of Elizabeth river on paying equal proportion of its value to the parishes of St. Bride's and Portsmouth. |
| IV. And be it further enacted, by the authority aforesaid, That the vestries of the said parishes of St. Bride's and Portsmouth shall, as soon as conveniently they can after receipt of their respective proportions of the said valuation, lay out and apply the same in the purchase of other lands in their respective parishes, to be held by them and their successours, vestries of the said parishes for the time being, together with the slaves to be assigned to them as aforesaid, for the use to the poor of their respective parishes for the time being for ever. | |
| 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. XXXIX. | ||
| ||
| I. WHEREAS it is represented to this present general assembly that the lines and boundaries whereby the parish of Truro, in the county of Fairfax, was divided into two distinct parishes, pursuant to an act passed for that purpose in the former part of this present session of assembly, have made a very unequal division of the said parish, by leaving nearly double the number of tithables in the new parish of Fairfax, than there are in Truro parish: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said act, entitled An act for dividing the parish of Truro, in the county of Fairfax, be, and the same is hereby repealed, and declared null and void. | Former act for dividing the parish of Truro in Fairfax county, repealed, and a new division made. | |
| II. And be it further enacted, by the authority aforesaid, That from and after the ninth day of June next the said parish of Truro shall be divided into two distinct parishes, in the following manner, that is to say: From the mouth of little Hunting creek, up the same, to the forks thereof; thence up the meanders of the south branch thereof, to the Gum Spring thereon; from thence by a straight line to the ford of Dogue run, where the back road from Colchester to Alexandria crosses the said run; and from thence by a straight line to the forks of Difficult. And that all that part of the said parish which lies above the said lines shall be one distinct parish, and called and known by the name of Fairfax; and all that other part thereof below the said lines shall be another distinct parish, and retain the name of Truro. | Boundaries. Fairfax. Truro. |
| and place, to be appointed and publickly advertised by the sheriff of the said county of Fairfax at least one month before the first day of August next following, 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 Fairfax taken and subscribed the oaths appointed to be taken by one act of parliament, made in the first year of the reign of his 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 oaths of abjuration, and repeated and subscribed the test, and also 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. | |
| IV. Provided always, That nothing herein contained shall be construed to hinder the collectors of the said parishes respectively, as the same now stand divided, according to the directions of the above mentioned act of Assembly, from collecting or making distress for any parish levies which shall remain unpaid by the inhabitants of either of them at the time this act shall take place; but such 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. | |
| V. And whereas before the division of the said parish of Truro, by the above mentioned act, considerable sums of money and tobacco were levied on the inhabitants thereof, and laid out in the purchase of a glebe for their minister, and building houses thereon, and also for plate for the use of their churches, and fifty thousand pounds of tobacco have been also lately levied on them for building churches in the said parish, which hath not been yet so applied, and it is reasonable that the inhabitants of the said parish of Fairfax should be reimbursed their due proportion of the said money and tobacco, according to their number of titheables: Be it further enacted, by the authority aforesaid, That Henry Lee, John Baylis, Foushee Tebbs, Allan Macrae, |
| and William Car, gentlemen, shall be, and they are hereby nominated and appointed commissioners to adjust, state, and settle, accounts of the money and tobacco so raised and levied on the inhabitants of the said parish of Truro before the said division; and that the said commissioners, or any three of them, shall, as soon as conveniently they can after the passing of this act, make a fair, just, and equitable division, as well of the original purchase money or tobacco of the said glebe, as of the money expended in the buildings and other improvements thereon, as also of the original purchase money of the church plate, and of the said fifty thousand pounds of tobacco levied for building churches in the said parish of Truro, before the said division, between the two parishes of Truro and Fairfax, according to the number of tithables in each respective parish at the time the said division took place; and that the vestry of the said parish of Truro shall refund and pay to the vestry of the said parish of Fairfax such a proportion of the said money and tobacco as shall be so settled an adjusted by the said commissioners. | ||
| CHAP. XL. | ||
| ||
| I. WHEREAS Rice Jones the elder, deceased, was in his lifetime seized in fee of and in a valuable tract of land, with the appurtenances, lying in the parish of South Farnham, in the county of Essex, also of one other tract of land lying and being in the parish of Christ Church, in the county of Middlesex, containing about eight hundred acres; and being so thereof seized, did make his last will and testament, bearing date the | Certain lands in which Rice Jones is seized in fee-taille, vested in Richard Corbin in fee-simple. |
| twenty third day of November, one thousand six hundred and seventy six, and therein, among other things, did devise his said lands in the county of Essex, called Nimcock Point, to his son John Jones, and the heirs of his body, and the said lands in the county of Middlesex to his son Rice Jones, and the heirs of his body, with cross remainders between the said John and Rice in case either of them died without issue, and several other limitations and remainders, as in and by the said will, remaining of record in the county court of Essex (formerly Rappahannock) may more fully appear: And after the death of the said testator, and of his said son John Jones without issue, the said Rice Jones the said entered into both the said tracts of land, and died seized thereof, leaving issue John Jones his eldest son and heir, who entered into the said lands, and died seized thereof, leaving issue three sons, Rice, John, and William, which said Rice and John are since dead without issue, and the said William is also dead, leaving issue Rice Jones his eldest son and heir, who is now seized of the said lands as tenant in fee taille, and is also possessed in his own right of the following negro slaves, viz. Jack, James, Bett, Nanny, Bett, Jenny, Peter, Beck, Rachael, Maria, mulatto Rose, Prince, black Peter, and Ben. | |
| II. And whereas it hath been represented to this present General Assembly that it will be greatly to the advantage of the said Rice Jones the younger, and his family, if he was allowed to sell the said eight hundred acres of entailed lands, whereby he might be enabled to make a better provision for his younger children, and to settle the slaves aforesaid in lieu thereof; and the said Rice Jones hath come to an agreement to sell the said eight hundred acres to the honourable Richard Corbin, esquire, for the sum of five hundred pounds current money. | |
| III. And for as much as notice has been published, three Sundays successively, in the several churches of the said parish of Christ Church, in the county of Middlesex, that application would be made to this present General Assembly to dock the entail to the said eight hundred acres of land, and settle the slaves aforesaid, of greater value, to the same uses, pursuant to your majesty's instruction. | |
| IV. May it therefore please your most excellent majesty, at the humble suit of the said Rice Jones and |
| Richard Corbin, 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 eight hundred acres of land, so as aforesaid agreed to be sold unto the said Richard Corbin, be, and are hereby vested in the said Richard Corbin, his heirs and assigns, to the only use and behoof of the said Richard Corbin, his heirs and assigns, for ever; and that the negro slaves aforesaid, with their future increase, be, and the same are hereby annexed to the said lands in the county of Essex, and shall descend, pass, and go therewith, to the said Rice Jones, and the heirs of his body, and to such other person or persons, and for such estate and interest therein, as the said lands in the county of Middlesex would have remained, descended, and gone, by virtue of the limitations in the will of the said Rice Jones the elder, if this act had never been made. | ||
| V. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons, bodies politick and corporate, their respective heirs and successours, other than the persons claiming under the will of the said Rice Jones the elder, all such estate, right, title, and interest, as they, every, or any of them could or might claim if this act had never been made. | ||
| VI. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XLI. | ||
| ||
| I. WHEREAS Ralph Wormeley, formerly of the county of Middlesex, esquire, deceased, by his last will | Entail of certain lands |
| and testament, duly made and published, bearing date the second day of February, in the year of our Lord one thousand seven hundred, did, amongst other things, give unto his daughter Judith Wormeley, and her heirs for ever, fifteen hundred acres of land out of his land at Manskin in Pamunkey neck, and in case of her death without heirs then the said land to go to his son John Wormeley, and his heirs for ever, which the said Judith Wormeley afterwards intermarried with Mann Page, at the county of Gloucester, esquire, and had issue by him a daughter Mary, who intermarried with William Randolph of Tuckaho, in the county of Goochland, gentleman, who is since dead, leaving issue Thomas Mann Randolph, gentleman, his eldest son, who is now seized and possessed of the said fifteen hundred acres of land in fee-taille, which he hath agreed to sell to Carter Braxton, of the county of King William, gentleman. | whereof Thomas Mann Randolph is seized docked. |
| II. And whereas the said Thomas Mann Randolph is also seized in fee simple of and in certain tract or parcel of land commonly called and known by the name of Edgehill, containing about two thousand acres more or less, situate, lying, and being in the parish of Fredericksville, in the county of Albemarle; and it is represented to this present general assembly that it will be much more advantageous to the said Thomas Mann Randolph, and his posterity, to dock the entail of the said fifteen hundred acres of land in the county of King William, and to settle the said two thousand acres in the county of Albemarle, which is of greater value to the same uses. | |
| III. And for as much as notice hath been published, three Sundays successively, in the several churches of the parish of St. David's that application would be made to this present general assembly, for an Act to dock the entail of the said fifteen hundred acres of land in the said county of King William, and to settle the other lands above mentioned in lieu thereof to the same uses, pursuant to the royal instructions. | |
| IV. May it therefore please your most excellent majesty, at the humble suit of the said Thomas Mann Randolph, that it may be enacted, And be it enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this Act the fifteen hundred acres of land in |
| the said county of King William shall be, and the same are hereby vested in the said Carter Braxton, his heirs and assigns, to the only proper use and behoof of the said Carter Braxton, his heirs and assigns, for ever; and that the said two thousand acres of land in the said county of Albemarle shall be, and the same are hereby vested in the said Thomas Mann Randolph, and the heirs of his body; and the same shall pass in descent, remainder, and reversion, as the said fifteen hundred acres of land would have passed and descended according to the directions and limitations contained in the will aforesaid of the said Ralph Wormeley, | |
| V. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person and persons, bodies politick and corporate, their respective heirs and successours, other than the person and persons claiming in descent, remainder, or reversion, under the will of the said Ralph Wormeley, all such right, title, estate, interest, claim, and demand, as they or any of them could or might claim if this act had never been made. |
| Pages 112-137
| Pages 163-188
|