Pages 137-163 
|  Pages 189-210
|
| Pages 137-163
| Pages 189-210
|
| CHAP. XLII. | ||
| ||
| I. WHEREAS John Gregg, late of the county of Prince William, gentleman, deceased, in and by his last will and testament in writing, duly made and executed, bearing date the fourteenth day of January, in the year of our Lord one thousand seven hundred and forty two, did, amongst other things, give and bequeath unto his son John Gregg, then an infant, and the heirs of his | Entail of certain lands whereof John Gregg is seized, docked. |
| body lawfully begotten, for ever, two thousand four hundred and forty six acres of land, situate, lying, and being on the eastside of Occoquan river, in the county of Fairfax, by the description of all his lands above Occoquan, which he bought of Matthew Gregg and Isaac Kent. | |
| II. And whereas it is represented to this present general assembly that the lands which the said testator directed to be disposed of, together with all his slaves and personal estate, were insufficient for the payment of his debts, and the maintenance and education of his children, whereby the lands devised to the said John Gregg the son are become rather a burthen to him than of any real benefit or advantage, and are moreover very barren and poor, and in arrears to the lord proprietor of the Northern Neck for many ears quitrents, which he is utterly unable to pay, and are subject to a forfeiture for non-payment of such quitrents; and therefore that it would be greatly to the advantage of the said John Gregg the son, and the heir of his body, if he was permitted to sell the said entailed lands, and lay out part of the money arising from the sales thereof in other lands fitter for cultivation, and the residue, after discharging the quitrents and other public taxes and dues to which the said lands are subject, in slaves to be annexed to the lands so to be purchased, and to descend, pass, and go therewith, to the heirs of the body of the said John Gregg the son, according to the limitations and directions of the will of the said testator; and the said John Gregg the son hath made humble suit to this present general assembly that an act may pass for such purposes. | |
| III. And whereas notice hath been published, three Sundays successively, in the several churches of the parish of Truro, where the said lands lie, that application would be made to this general assembly to dock the entail of the said lands, pursuant to your majesty's instructions. | |
| IV. May it therefore please your most excellent majesty, at the humble suit of the said John Gregg, 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 two thousand four hundred and forty-six acres of land, with the appurtenances, situate, lying, and being in the parish of Truro, in the county of Fairfax aforesaid, shall be, and the same is [are] hereby vested in Henry Lee, |
| George Johnston, and David Payne, gentlemen, and the survivers or surviver of them, their respective heirs and assigns, in trust; and to and for the several uses, intents, and purposes, herein after mentioned, that is to say: That they the said trustees, or any two of them, or the survivers or surviver of them, shall as soon as conveniently they can after the passing of this act, sell and dispose of the said lands for the best price that can be procured for the same, to any person or persons who shall be willing to purchase; and that the said trustees, or any two of them, or the survivers or surviver of them, or their heirs, shall, and they are hereby required, upon receipt to the purchase money, by good and sufficient deeds or conveyances in the law, wherein this act shall be recited, convey and assure to such purchaser or purchasers the fee simple and absolute estate and inheritance of the said lands, with the appurtenances: And the said trustees, after fully paying and discharging all quitrents and other publick dues and taxes to which the said lands are subject to, and shall then be in arrear, shall fairly lay out one half part at least of the balance remaining in their hands in the purchase of other lands, and the residue in slaves; and the said trustees, the survivers or surviver of them, are hereby empowered and required to cause a deed or deeds to be executed for the lands so by them to be purchased to the said John Gregg, wherein also this act shall be recited, and shall be acknowledged, or proved and recorded, in the manner prescribed by law, and shall also cause the names of the slaves so by them to be purchased to be recorded in the court of the county of Prince William: And the said John Gregg, from and immediately after the executing and performing of such deed or deeds, shall stand seized of the land so purchased, together with the slaves to be annexed thereto, and their future increase, to such use and uses, and of such estate; and the same shall pass in descent, reversion, and remainder, as the said two thousand four hundred and forty six acres of land would have passed and descended if this act had never been made, any thing to the contrary thereof in any wise notwithstanding. | |
| 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 under the will of the said John Gregg, the elder, |
| all such right, title, estate, interest, property, claim, and demand, as they, every, or any of them should or might have had or claimed if this act had never been made. | ||
| VI. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
 CHAP. XLIII. | ||
| ||
| I. WHEREAS Robert Beverley, formerly of the county of Spotsylvania, esquire, was seized in fee simple of and in a tract of land Octonia, containing twenty four thousand acres, situate in the parish of St. Thomas, in the county of Orange, and was also seized of divers other lands in fee taille; and the said Robert having by donations in his lifetime, and by his last will and testament in writing, bearing date the twelfth day of May, one thousand seven hundred and thirty-three, disposed of nine thousand four hundred acres, part of the said Octonia tract of land, did by his will aforesaid devise all the residue of the said land, which on a survey is found to contain fourteen thousand eight hundred and twenty-nine acres, unto his only son and heir Harry Beverley, and the heirs of his body lawfully begotten, for ever, as by the said will, remaining of record in the county court of Spotsylvania, may more fully appear; and after the death of the said testator the said Harry Beverley entered into the said lands so devised to him, and was and is thereof seized as tenant in fee taille. | Entail of certain lands whereof Harry Beverley is seized, docked. | |
| II. And whereas the said Harry Beverley is also seized in fee taille, under donations of other ancestors, of large quantities of other lands, which lands for want of slaves to work them are rather a burthen to the said Harry Beverley; and it hath been represented to this |
| present general assembly that it wil be greatly to the advantage of the said Harry Beverley, and his family to sell part of the said tract of land called Octonia, and lay out the money in the purchase of slaves, to be annexed to the residue of the said land, by which the said Harry may be enabled to support his family, and make provision for his younger children, and the estate will descend to the heir in a more profitable state. | |
| III. And for as much as notice hath been published, three Sundays successively, in the several churches of the said parish of St. Thomas, that application would be made to this present general assembly for an act to dock the entail to part of the said land, and for settling slaves in lieu thereof, pursuant to your majesty's instructions. | |
| IV. May it therefore please your most excellent majesty, at the humble suit of the said Harry Beverley, 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 nine thousand nine hundred and eight acres of land, part of the said Octonia tract, and bounded as followeth, to wit: Beginning at Mr. Beverley Stanard's corner on the river Rappidan, and running along his line south thirty seven degrees west, seven hundred and ten poles, crossing Headformost run, to two white oaks in the back line of the patent; thence along the several lines of the patent to Beaver Dam run; thence down the said run to the line of a lot now in the occupation of John Carter; thence along the lines of the said lot to three corner pines standing near the mountain road; thence north thirty two degrees east, one hundred and ninety six poles, to the river aforesaid; and thence up the river to the beginning; be, and the same is hereby vested in Larkin Chew, Fielding Lewis, George Taylor, James Maddison, and John Carter, gentlemen; the survivers or surviver of them, and the heirs, executors, or administrators, of such surviver, in trust: That they, or the major part of them, or their survivers, shall cause the said land to be sold at publick sale, in such parcels as they shall think most convenient, and for the best price that can be got for the same; and on payment of the purchase money, shall by good and sufficient deed or deeds convey the inheritance of the said lands to the purchaser or purchasers in fee simple, who shall for ever thereafter hold |
| and enjoy the same respectively, discharged of the limitations in the will of the said Robert Beverley, deceased. | ||
| V. And be it further enacted, by the authority aforesaid, That the money arising by the sale of the said lands shall be by the said trustees, or the major part of them, or their survivers, as soon as conveniently may be, fairly laid out in the purchase of slaves, whereof one third at least to be females; and the said trustees shall cause the names of such slaves, when purchased, to be recorded among the records of the said county of Orange: And thereafter the said slaves, and their future increase, shall be, and the same are hereby annexed to the residue of the said Octonia lands, and shall descend, pass, and go therewith, to the said Harry Beverley, and the heirs of his body, and to such other person or persons to whom the said nine thousand nine hundred and eight acres of land would have remained, descended, and gone, by virtue, of the limitations in the will of the said Robert Beverley, if this act had never been made. | ||
| VI. 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 Robert Beverley, all such estate, right, title, and interest, as they, every or any of them, could or might have claimed, 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. XLIV. | ||
| ||
| I. WHEREAS William Colston, late of the county of Richmond, was in his lifetime, and at the time of his | Certain lands vested in James Hubard. |
| 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 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 situate and lying) unto him and the heirs of his body lawfully begotten, with the remainder over unto his son Charles. | |
| II. 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 whom intermarried with John Smith, gentleman, of the said county of Richmond, and the other with Joseph 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. | |
| III. And where 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. |
| IV. And for as much 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, in lieu thereof, to the same uses, pursuant to your majesty's instructions. | |
| V. May it 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 mentioned, to wit, Belinda, Doll, and Nanny, three women, Esther, Sarah, and Moll, three 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. | |
| VI. 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 William Colston, all such right, title, interest, claim, and demand, as they or any of them could or might have 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 be obtained. |
| CHAP. XLV. | ||
| ||
| I. WHEREAS it is represented to this present general assembly, by the minister and vestry of the parish of Bruton, in the counties of York and James City, that one Jonathan Druitt, deceased, did by his last will and testament, which was established by decree of the general court, the thirtieth day of April one thousand seven hundred and thirty five, give and devise unto one Richard Stayton, and the issue male of his body, three lots or half acres of land in the city of Williamsburg; but if he should die before he attained the lawful age, or without issue, then to objects of charity belonging to the said parish, and made the vestry of the said parish his executors: That the said Richard Stayton is since dead without issue, and that it would best anser the charitable intent of the donor if the said vestry were empowered to dispose of the said lots, and apply the interest of the purchase money towards the relief of the poor of the said parish. | Certain lots in Williamsburg vested in the purchasers. | |
| II. And whereas Edward Champion Travis, gentleman, hath contracted and agreed with the vestry of the said parish for the purchase of two of the said lots, denoted in the plan of the said city by the letters I K; and James Blair, gentleman, hath also agreed for the purchase of one other of the said lots, denoted in the said plan by the letter L; and they are now severally and respectively in possession of the said lots, and have built dwelling-houses, and made other improvements thereon. | ||
| 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 from and after the passing of this act the said Edward Champion Travis shall be, and he is hereby vested with the absolute property and fee simple estate of and in the said lots, or one acre of ground, denoted in the plan of the said city by the letters I K; and the said James Blair shall be, and in like manner |
| is hereby vested with the same estate of and in the lot denoted in the said plan by the letter L; they the said purchasers paying to the said vestry the consideration money which they were respectively to pay for the said lots. | ||
| IV. And be it further enacted by the authority aforesaid, That the said vestry, or the major part of them, shall lend and place the money, when by them received for the sale of the said lots, in the hands of some responsible person, taking bond with good and sufficient security, in the penalty of double the money so lent, payable to themselves and their successours, the vestry of the said parish for the time being, with condition for the repayment of the said money, together with legal interest thereon, whenever the same shall be demanded; and the said vestry shall apply the interest arising on the said money from time to time to the relief of such objects of charity belonging to the said parish as they shall think proper, and to no other use or purpose whatsoever. | ||
| 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. XLVI. | ||
| ||
| I. WHEREAS Joseph Rentfro, Peter Vanbever, Sarah Davis, James Rentfro, Elizabeth Carson, Peter Vanbever, junior, Rebekah Stalker, Joseph Willis, and Charles Witts, presented certain demands they respectively made against the publick to the commissioners appointed by act of assembly for settling the claims of the militia in the country, which were allowed by the said commissioners, and were actually paid by the treasurer to Thomas Reade, upon the governour's warrant | Joseph Rentfro & others compelled to reimburse certain monies twice drawn from the public. |
| for that purpose, notwithstanding which they have applied to this present session of assembly, where the same accounts have been again allowed and paid. | ||
| 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 said Joseph Rentfro, Peter Vanbever, Sarah Davis, James Rentfro, Peter Vanbever, junior, Rebekah Stalker, Joseph Willis, and Charles Witts, shall, and they are hereby required immediately to refund to the treasurer of this colony the amount of the sums respectively allowed them as aforesaid, that is to say: The said Joseph Rentfro, the sum of fifty-six pounds and eleven pence; Peter Vanbever, one pound sixteen shillings and six pence; Sarah Davis six pounds twelve shillings and ten pence; James Rentfro, three pounds fourteen shillings; Elizabeth Carson, three pounds seventeen shillings and eight pence; Peter Vanbever junior, one pound seven shillings and nine pence; Joseph Willis, five pounds two shillings and eight pence; and Charles Witts, two pounds eighteen shillings. And if they shall fail, neglect, or refuse so to do, it shall and may be lawful for the sheriffs of the counties where they respectively reside, by directions of the said treasurer, to distrain the goods and chattels of the person so failing, neglecting or refusing, of value sufficient to pay the same; who shall proceed thereon as in other cases of distress, and account for and pay the said sums of money to the said treasurer. | ||
| CHAP. XLVII. | ||
| ||
| I. WHEREAS the book of claims of this present General Assembly had been passed before an information made against Thomas Prosser for certain crimes and misdemeanors was heard, upon which the said | Thomas Prosser to reimburse certain costs for prosecuting |
| Thomas Prosser was expelled the house of burgesses, and ordered to pay the costs of prosecuting the said information, amounting to four thousand seven hundred and seventy six pounds of tobacco, and twenty four shillings, so that the said costs cannot be levied before the next session of assembly without an act of the present for that purpose. | an information against him. | |
| II. And be it further enacted, That the said Thomas Prosser shall pay to Archibald Cary, gentleman, who is answerable for the costs aforesaid, the said four thousand seven hundred and seventy six pounds of tobacco, and twenty four shillings; and that it shall be lawful for the said Archibald Cary, by action of debt, in any court of record within this dominion, to recover the same, with costs of suit, against the said Thomas Prosser. | ||
| CHAP. XLVIII. | ||
| ||
| I. WHEREAS Nathaniel Harrison, esquire, of the county of Surry, deceased, being in his lifetime seized and possessed of a certain tract or parcel of land commonly called and known by the name of Coggin's point, lying and being in the parish of Martin's Brandon, in the county of Prince George, containing by estimation nineteen hundred and seventy three acres, and also one other tract or parcel of land commonly called and known by the name of Brandon, containing about seven | Entail of certain lands whereof Nathaniel Harrison is seized, docked. |
| thousand acres, did by his last will and testament, bearing date the fifteenth day of December, in the year of our Lord one thousand seven hundred and twenty six, give and bequeath unto his son Nathaniel Harrison the before mentioned tracts of land, and to the heirs male of his body lawfully begotten, with several remainders over, as by the said last will and testament, reference being thereto had, may more at large appear. | |
| II. And whereas the said Nathaniel Harrison the son, after the death of his said father, entered into the said lands, and is thereof possessed; and for as much as it would be of great advantage to the said Nathaniel Harrison, and those claiming in remainder under the said will, if the said tract of land called Coggin's Point should be sold, and the money arising from the sale thereof should be laid out in negroes, and settled on the said Brandon tract, to the same uses as the said Coggin's Point tract was limited and settled by the said will; and the persons claiming in remainder, and the heir in reversion, have assented thereto, and notice having been published three Sundays successively in the several churches of the said parish of Martin's Brandon, where the said land lies, that application would be made for that purposes to this present General Assembly, pursuant to your majesty's instructions. | |
| III. May it therefore please your most excellent majesty, at the humble suit of the said Nathaniel Harrison, that it may be enacted, And be it enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the commencement of this act the said tract of land called Coggin's Point, with the appurtenances, shall be, and the same are hereby vested in the honourable Peter Randolph, esquire, of the county of Henrico, Peyton Randolph, esquire, of the city of Williamsburg, and Richard Bland, esquire, of the county of Prince George, who are appointed trustees for putting this act in execution, in trust: That they the said trustees, or the survivers or surviver of them, shall cause the said land to be sold for the best price that can be got for the same; and upon payment of the purchase money the said trustees, or the survivers or surviver of them, shall make a deed or deeds for the conveyance of the fee simple estate and inheritance of the said land to the purchaser or purchasers, who shall for ever after hold and enjoy the same, |
| freed and discharged from all the limitations of the said last will and testament of the said Nathaniel Harrison, deceased; 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 money arising from the sale of the said lands shall be by the said trustees, or the survivers or surviver of them, as soon as conveniently may be after receiving the same, fairly laid out and disposed of in the purchase of slaves, whereof one third at least shall be females; and the said trustees, or the survivers or surviver of them, are hereby empowered and required to cause a deed or deeds to be executed for the said slaves to the said Nathaniel Harrison, which deed, reciting the power under which the said trustees acted, and the names of the slaves to be by them purchased, shall be recorded to the county court of Prince George; and the said slaves, from and after the perfecting such deed, shall descend, pass, and go to the said Nathaniel Harrison, and all persons claiming under the will of the said Nathaniel Harrison, in the same manner as the said tract of land called Brandon is limited to descend, pass, and go, according to the will of the said Nathaniel Harrison, deceased. | |
| V. Saving to the king's most excellent majesty, his heirs and successours, and to all and every other person or persons, bodies politick and corporate, their respective heirs and successours, other than the persons claiming under the last will and testament of the said Nathaniel Harrison, deceased, all such right, title, interest, claim, and demand, as they, every, or any of them should or might claim if this act had never been made. | |
| 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. XLIX. | ||
| ||
| I. WHEREAS by an act of assembly made in the third year of the reign of his present majesty, entitled An act for dividing the parish of Nottoway, in the county of Southampton, the said parish was divided into two distinct parishes, by the names of Nottoway and St. Luke; and whereas before the division of the said parish a considerable quantity of tobacco was levied on the inhabitants thereof and sold, towards raising money for repairing the several churches therein, but was not so applied before the said division, and it is therefore reasonable that the inhabitants of the said parish of St. Luke should be reimbursed their due proportion of the said money, according to the number of tithables in the said parish, but some difficulties have arisen in the settling and adjusting the same: | Vestry of Nottoway parish, in the county of Southampton to refund to parish of St. Luke certain money and tobacco levied for repairing the churches before the division thereof. | |
| 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 Howel Edmunds, John Person, Richard Kello, and Miles Cary, gentlemen, shall be, and they are hereby nominated and appointed commissioners to examine, state, and settle the accounts of the tobacco and money due to the said parish of Nottoway, in the hands of the church-wardens at the division thereof; 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 of the same between the said two parishes of Nottoway and St. Luke, according to the number of tithables in each respective parish at the time the division took place; and that the vestry of the said parish of Nottoway shall refund and pay to the vestry of the said parish |
| of St. Luke such a proportion of the said money and tobacco as shall be so settled and adjusted by the said commissioners. | ||
| CHAP. L. | ||
| ||
| I. WHEREAS by an act of assembly, passed this present session of assembly, entitled, An act for raising a publick levy, and for other purposes therein mentioned, forty six pounds of tobacco is to be paid by every tithable person within this dominion for the defraying and payment of the publick charge of the country, and the expenses of the militia drawn out into actual service, to be collected and sold according to the directions of the said act; and whereas, from the large quantities of transfer tobacco so to be collected, the sheriffs of several counties exact great prices for such tobacco from persons who have not sufficient of theat commodity to discharge their publick levies, whereby the sheriffs will be immediately benefited, and the inhabitants much injured and imposed on by them: | Preamble. | |
| II. For remedy whereof, 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 every person in this colony shall be at liberty to discharge so much per poll of their publick levies as is intended to be sold for the use of the militia in money, at the rate of twelve shillings and six pence per centum. | Tobacco levies payable in money at 12s. 6d. per hundred. | |
| III. And whereas the several depositums to be sold for the uses aforesaid differ in many counties, for directing and ascertaining the same, Be it enacted, by the authority aforesaid, That the inhabitants of the counties herein after mentioned shall be at liberty to discharge in money, at the rate aforesaid, the following proportion of the publick levy, to wit: Accomack and Albemarle, twenty nine pounds of tobacco per poll; | In what proportions, in the different counties. |
| Amelia, Amherst, Brunswick, Buckingham, Caroline, Gloucester, James City, Richmond, and Surry, forty; Prince William, twenty six; Charles City, Elizabeth City, Middlesex, and Northampton, forty three; Chesterfield and Stafford, thirty five; Culpeper, Isle of Wight, King William, Lancaster, Northumberland, Princess Anne, and Warwick, forty two; Cumberland, Prince George, and Westmoreland, thirty eight; Dinwiddie, Fauquier, Hanover, and Sussex, thirty six; Essex, Louisa, Nansemond, and Orange, thirty four; Fairfax and Henrico, thirty two; Goochland, King George, New Kent, Prince Edward, and Southampton, forty one; King and Queen, thirty nine; Lunenburg, Charlotte, and Mecklenburg, thirty three; Norfolk, twenty seven; Spotsylvania, twenty three; and York, nine. | |
| IV. And whereas it is represented to this present General Assembly that many sheriffs have exacted great prices for tobacco from sundry people in discharge of their publick levies, and it is just and reasonable that persons who have suffered by such exactions of the sheriffs should be relieved, Be it enacted, by the authority aforesaid, That every sheriff who shall have received of any person or persons whatsoever the whole publick levy under the said recited act in money, at a greater rate than is by this act directed, shall, when demanded, refund and pay to such person so much money as he shall have received beyond the rate hereby settled for such proportion of the said levy, as is by this act allowed to be discharged in money in the said county. | Sheriffs having received in money for tobacco levies, more than at the above rate, to refund. |
| V. And be it further enacted, by the authority aforesaid, That every sheriff shall render an account, upon oath, before the court of his county, of what tobacco or money he shall have respectively received for such proportion, and shall sell the tobacco, or pay the money, according to such account, and the particular directions of this act, without shifting or exchanging the one for the other; and every sheriff offending herein shall forfeit and pay double the value of the money, or tobacco, so shifted or exchanged. | Sheriffs to account upon oath. |
| VI. And be it further enacted, That if any person or persons shall offer to pay their levies in crop tobacco, weighing not less than nine hundred and fifty pounds neat, the sheriff or collector shall be obliged to accept the same, and allow the payer four per centum thereon, twenty pounds of tobacco for prizing, and thirty pounds | Allowance for crop tobacco. |
| of tobacco for the cask, and shall be entitled to the same allowance in settling his accounts with the treasurer for any such crop hogshead by him sold. | |
| VII. And whereas it is judged that many inconveniences may arise to the publick if the sheriffs or collectors should be obliged to sell the tobacco received by them respectively for such proportion, in the manner as is by the said recited act directed act directed: for remedy whereof, Be it enacted, by the authority aforesaid, That the sheriffs or collectors of the several counties respectively shall sell the tobacco by them received, and by this act directed to be sold for the uses aforesaid, on the days and at the places appointed by the said act for each county respectively, in lots not exceeding ten thousand pounds of tobacco, on credit until the twenty sixth day of October next, and every such sheriff or collector shall take bond with two or more sufficient securities [sureties] from the purchaser or purchasers, payable to his majesty, his heirs and successours, in double the sum to be paid, with a condition for paying the principal to the treasurer of this colony on or before the said twenty sixth day of October next, which bonds shall be by such sheriff or collector delivered to the treasurer within thirty days after such sale: And every sheriff or collector failing herein shall for every such failure forfeit and pay the sum of five hundred pounds, to be recovered and appropriated in the same manner as the other fines and forfeitures by this act imposed are to be recovered and appropriated; and if any such purchaser or purchasers of tobacco shall fail to pay and satisfy the principal money in any such bond mentioned, according to the condition thereof, it shall and may be lawful for the general court, upon a motion to them made by the said treasurer, without further or other notice, to give judgment against every such purchaser so failing, and his securities, and every of them, his or their heirs, executors, or administrators, on such bond, with full costs; and if execution shall issue on any such judgment, the sheriff or officer serving the same shall not take any sureties for payment of the money or tobacco at a future day, but shall levy the same immediately; and for the better direction of such sheriff or officer, the clerks shall endorse upon the back of every such execution that no security is to be taken. | On what terms publick tobacco to be sold. |
| VIII. And be it further enacted by the authority aforesaid, That if any sheriff shall, after the passing of this | Penalties on Sheriffs, for |
| act, exact, take, or receive, of any person or persons whatsoever, the proportionable part of his, her, or their publick levy in money, at a greater rate than is in this act directed, or shall refuse to refund the money he shall have received more than the rate hereby settled when demanded, every sheriff so offending shall for every offence forfeit and pay to the person injured double the amount of the sum so exacted or refused to be refunded, to be recovered before any justice of the peace of the county where such offence shall be committed. | violation of this act. |
| IX. Provided always, and be it further enacted, That if it shall appear the sheriff or collector had not notice of this act at the time he shall have received such greater price in money after the passing thereof, such sheriff or collector shall not be subject to the penalty aforesaid, in case he shall when required refund the money so by him received more than the rate hereby settled. | Proviso. |
| X. And whereas some sheriffs have refused to take upon themselves the collection of the said publick levy, and the county courts have not been able to procure any other person to undertake the same, whereby the publick creditors directed to be paid in such county must remain unsatisfied: Be it therefore further enacted, That where the sheriff of any county, or some other person on his refusal, hath not already undertaken the collection of the said publick levy, and given bond and security according to the directions of the said act, the sheriff of such county shall, at the next court to be held for his county after the passing of this act, give bond and security for such collection, or shall forfeit and pay the sum of one hundred pounds. | Penalty on sheriffs refusing to collect the public levy. |
| XI. Provided always, That if such sheriff shall make oath before the court that he hath used his best endeavours to procure security for such collection, and hath not been able so to do, or shall procure some other person to undertake the same, who shall give bond with sufficient security according to the directions of the said act, in either case such sheriff shall be discharged from the penalty aforesaid. | Proviso, if unable to give security. |
| XII. And be it further enacted, That in such counties the sheriff or collector shall sell the tobacco by him received for the depositum directed to be sold for the publick use at the place appointed by the said act on the court day in the month of August next, and account for and pay the money in manner and under the same penalties as in this and the said recited act is directed | When and where tobacco to be sold. |
| XIII. Provided always, and be it further enacted, That the sheriff of the county of Fauquier shall sell the tobacco by him collected for the said depositum at the court to be held for the said county in the month of August next, any thing in this or the said recited act to the contrary notwithstanding. | Exception. |
| XIV. And be it further enacted, by the authority aforesaid, That all penalties inflicted by this act, and not otherwise appropriated, shall be one moiety to our lord the king, to and for the sue of this colony, and shall be paid to the treasurer for the time being, appointed by or pursuant to an act of assembly, and accounted for to the general assembly, and the other moiety to the informer; and shall and may be recovered, with costs, by action of debt or information, in any court of record in this dominion. | Penalties, how appropriated. |
| XV. And if the sheriff or collector of any county shall have received of any person or persons whatsoever, his, her, or their publick levy, under the said recited act, in tobacco, every such sheriff or collector, if required at any time before the first day of July next, shall refund and pay to such person or persons the tobacco so received for so much of the said levy as is by this act proportioned for such county, the person or persons demanding such tobacco paying such sheriff or collector for the same at the rate of twelve shillings and six pence per centum, to be by such sheriff or collector accounted for and paid in the same manner as the other monies received by virtue of this act; and every sheriff or collector refusing so to do shall forfeit and pay to the party injured double the quantity of tobacco so refused to be refunded, to be recovered before any justice of the peace of the county where such offence shall be committed. | When sheriffs to refund. Penalty for failure. |
| XVI. And be it further enacted, That the several sheriffs or collectors shall pay the several sums of money by them to be received in pursuance of this act to the treasurer, on or before the tenth day of October next, or judgment may be given in the general court against such sheriff or collector, and their securities, his or their executors or administrators, upon a motion made the twelfth day of the said month, without further notice, for the money so received, in case an account of such money be rendered; but if no such account be rendered, then for the penalty of the bond given by such sheriff or collector. | When to account with treasurer. |
| CHAP. LI. An Act to enable tenants in taille to make leases of their lands. | |
| I. WHEREAS many large tracts of entailed lands remain uncultivated, the owners not having slaves to work them, and no persons inclining to take leases of such lands, because those leases are thought to be valid no longer than during the life of the tenants in taille, and it would be advantageous to the publick if such lands were settled by industrious and laborious people: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That all leases hereafter to be made of any lands, by writing indented and sealed, for the term of twenty one years from the making thereof, or for three lives, or for any lesser term, by any person or persons being of full age, having any estate of inheritance in fee taille, or by husband and wife of any lands of which she hath an estate in fee taille, acknowledged by her after privy examination as the law directs, shall be good and effectual in the law against the lessors, their issue, and those claiming in remainder or reversion, according to the estate comprised in such indentures of lease, in like manner as if such lessor had been seized of an absolute estate in fee simple in such lands. | On what terms tenants in taille may make leases of their lands. |
| II. Provided, That this act shall not extend to any lease to be made without impeachment of waste; and that upon every lease made effectual by this act there be reserved so much yearly rent, during the whole term, payable to the lessor, his issue, or those claiming in remainder or reversion respectively, succeeding to the inheritance, as shall be approved of and certified to be a reasonable rent by the general court, or court of the county wherein the lands lie, at the time such indenture shall be acknowledged or proved and ordered to be recorded, which shall be done within eight months from the date thereof: And that the issue, and those claiming the inheritance in remainder or reversion after the death of the lessor, shall have the like remedy and advantage from such lease, to all intents and purposes, against the lessee, his executors and assigns, as the lessor might have had. | Restrictions. |
| III. Provided also, That no fine or consideration whatsoever, other than the annual rent expressed in the lease, shall be paid, or engaged to be paid, in order to obtain any such lease of entailed lands, under the penalty of forfeiting the value of such fine, or other consideration, and three years rent, to the issue of the lessor, or person in remainder; to be recovered of the lessee, his heirs or assigns, in the general court, or in the court of the county in which such lands may lie. | No fine to be paid. | |
| CHAP. LII. | ||
| ||
| I. WHEREAS by one act of Assembly made in the first year of the reign of his present majesty, entitled An Act for regulating the practice of attornies, it is amongst other things enacted that lawyers practising in the general courts of this colony may demand or receive in all chancery suits, or real, mixed, or personal actions, where the title or bounds of lands shall or may come in question, five pounds for their fees; and that lawyers practising in county courts, or other inferiour courts, may demand or receive a fee of thirty shillings in all such suits, and in all other actions, except by petition, fifteen shillings. | Preamble. | |
| II. And whereas by one other act made in the twenty seventh year of the reign of his late majesty king George the second, entitled An Act for reducing the several laws made for establishing the general court, and for regulating and settling the proceedings therein into one act of Assembly, it is amongst other things enacted that when any final judgment shall be obtained out of court the clerk shall allow a lawyer's fee in the | Further preamble. |
| bill of costs, if the plaintiff employed one; which fee is thereby declared in all cases to be fifty shillings current money, or five hundred pounds of tobacco, at the election of the party adjudged to pay the same. | |
| III. And whereas it is judged unreasonable that the party who prevails, and recovers in any such action or suit, should be subject to the payment of a greater fee to his lawyer than he can by law recover of the adverse party: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act the clerk of the general court shall, and he is hereby required to tax in the bill of costs, on all decrees obtained in the said court, and on all judgments, in any such real, mixed, or personal action, where the title or bounds of lands shall or may come in question, a fee of five pounds, or one thousand pounds of tobacco, at the election of the party adjudged to pay the same, where the party obtaining such decree or judgment employed a lawyer, except against executors or administrators, or where the plaintiff may not recover more costs than damages. And that the clerks of the respective county courts, or other inferiour courts of this dominion, shall, and they are also hereby required to tax in the bill of costs, in all degrees, and in every judgment on all such actions or suits, where the title or bounds of lands shall or may come in question, either when the plaintiff shall recover or be nonsuited, or where his suit shall be dismissed, thirty shillings, or three hundred pounds of tobacco; and in all other actions, except by petition, fifteen shillings, or one hundred and fifty pounds of tobacco, for an attorney's fee, if the party employed one, except against executors or administrators, or where the plaintiff may not recover more costs than damages; and in all suits by petition the clerks of the said county courts, and other inferiour courts, shall tax in the bill of costs the sum of seven shillings and six pence, as an attorney's fee, against the party who shall be cast, where an attorney shall be employed, except against executors or administrators. | Fees of attornies in general court, and county courts; to be taxed in bill of costs; except against executors & administrators, or where the plaintiff may not recover more costs than damages. |
| IV. And be it further enacted, by the authority aforesaid, That so much of the several above mentioned acts of Assembly as is contrary and repugnant to any thing contained within the purview of this act shall be, and the same is hereby repealed and made void. |
| CHAP. LIII. | ||
| ||
| I. WHEREAS the act of Assembly made in the nineteenth year of the reign of his late majesty king George the second, entitled An Act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, which hath been continued by several acts, and amended by two other acts made in the first and third years of his present majesty's reign, will expire on the twelfth day of April one thousand seven hundred and sixty six; and it being necessary that the same should be further continued with an amendment: 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 recited acts of Assembly made in the nineteenth year of his late majesty's reign and in the first and third years of the reign of his present majesty, and every clause and article thereof, shall continue an be in force from and after the said twelfth day of April one thousand seven hundred and sixty six, for and during the term of two years, and no longer. | Act for regulating and collecting of officers fees further continued. | |
| II. Provided always, and be it enacted, That so much of the said first recited act as directs that the respective county courts in every cause except where the same shall be brought by petition where the plaintiff shall recover or be nonsuited, or where his suit shall be dismissed, shall allow in the bill of costs fifteen shillings, or one hundred and fifty pounds of tobacco for an attorney's fee, if the party employed one, except against executors and administrators, or where the party may not recover more costs than damages, shall be, and the same is hereby repealed. | Part of former act concerning attornies' fees repealed. |
| CHAP. LIV. | ||
| ||
| I. WHEREAS by one act of assembly passed at a session of assembly held in the third and fourth years of his late majesty king George the second, entitled An act for the better regulating the payment of the burgesses wages, it is among other things enacted that when any session of assembly should be hereafter held, and upon examination of the treasurer's accounts it should appear that there are not monies sufficient in his hands to discharge all the money debts, together with the burgesses wages, and the salaries and allowances to the respective officers of the general assembly, saving and reserving in the hands of the treasurer, over and above the said payment, a balance of fifteen hundred pounds at the least, than every burgess elected, and serving for any county or corporation within this dominion, should be paid out of the publick money the sum of ten shillings for each day he should serve in the houses of burgesses, with such further allowances, and under such restrictions and regulations, as in the said act is at large directed. | Burgesses wages payable in money. At what rate. | |
| II. And whereas it appears there is not money sufficient in the treasurer's hands to pay the burgesses wages for for this present session of assembly, leaving a balance of fifteen hundred pounds, according to the directions of the said act; and also that at the end of the last session of assembly there was not money sufficient in the treasurer's hands to pay the burgesses wages for that session according to such directions: Nevertheless, as the payment of the said wages in money will be a great ease and relief to the people, by lessening the levy by the poll. | ||
| 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 the burgesses wages, and allowances for the last and present sessions of assembly, shall be paid by the treasurer, out of the publick money in his hands, | At what time. |
| on or before the twentieth day of June next, according to the directions and regulations of the said recited act mentioned. |
| Pages 137-163
| Pages 189-210
|