Pages 231-251 
|  Pages 272-294
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| Pages 231-251
| Pages 272-294
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| CHAP. XXXIV. | ||
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| I. WHEREAS by one act of assembly made in the twenty-second year of the reign of his late majesty king George the second, intituled, An act for preventing frauds in the customs, and clearing of ships, for ascertaining collectors and naval-officers fees, and to prohibit and prevent the casting ballast or dead bodies into rivers or creeks, among other things, it is enacted, That the collectors and naval-officers should not receive any greater fees than are by the said act of assembly particularly allowed, under the penalty of one hundred pounds: And whereas it is almost impossible to detect officers who charge greater fees than by the said act of assembly are allowed, unless the officer or officers demanding and receiving the same, be obliged to give receipts for such fees, that it may appear what fees are charged; Be it enacted , by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That every naval-officer, comptroller and collector, shall be obliged, on receiving any fee or fees, to give a | Collectors and naval-officers to give receipts for their fees. |
| receipt to the person paying the same, with a particular account of the services for which such fees are demanded, and specifying in such receipt whether the vessel so entered and cleared be a free bottom of this colony or not, under the penalty of ten pounds for ever refusal, to be recovered by action of debt, by any person who shall inform against him or them in any court of record within this colony. | ||
| II. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be first had and obtained. | ||
 CHAP. XXXV. | ||
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| I. WHEREAS it is represented to this present general assembly, that by opening a road from the frontiers of this colony to Fort Pitt on the Ohio, a very advantageous trade might be carried on with the Indians, in alliance with the British crown on the western frontiers of this dominion, and the king's garrisons be better supplied with provisions; Be it therefore enacted by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That Thomas Walker, Thomas Rutherford, James Wood, and Abraham Kite, gentlemen, or any two of them, are hereby appointed, authorized and impowered, to view, lay out, and direct, a road to be cleared from the north branch of Potowmack river to Fort Pitt on the Ohio, by or near the road called Braddock's road, in the most direct and cheapest manner the said commissioners shall think fit. | Road to be opened from the north branch of Potowmac to Fort Pitt. | |
| II. And be it further enacted by the authority aforesaid, That the treasurer of this colony for the time being is hereby authorized and required to pay to the said commissioners a sum of money not exceeding two hundred pounds in the whole, in such proportions, and at such times, as the said commissioners shall require, to |
| be applied by them towards clearing a road as aforesaid, and the said commissioners shall account for the same to the next general assembly. | |
| CHAP. XXXVI. An act for erecting warehouses for the reception of Hemp. | |
| I. WHEREAS from the encouragement given by an act of the parliament of Great-Britain to persons who shall export to any of the ports thereof such hemp and flax as by the said act is described, many persons in this colony have been induced to cultivate those commodities, and the same are likely to become a very considerable branch of commerce: And whereas there are not proper and sufficient storehouses for the reception thereof, whereby the back inhabitants of this colony are put to great inconvenience when they bring their hemp and flax to market; Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That where any storehouse for the reception of hemp and flax shall be thought necessary and convenient, it shall and may be lawful for the justices of the court of that county wherein such place is, and they are hereby required, on application to them made, to cause the owner or proprietor of the same, and if such owner or proprietor be under age, feme covert, or out of the country, then the guardian, husband, or known attorney or agent (as the case may be) of such owner or proprietor, to be summoned to appear before them at the next succeeding court, there to declare whether they sill undertake to erect and build good and sufficient houses for the storage thereof: And in case such owner, guardian, husband, attorney or agent, will undertake the same, then the said court shall, and they are hereby required to take bond with security in a reasonable penalty, payable to his majesty, his heirs and successors, with condition for the due performance of such undertaking: And if such owner, guardian, husband, or known attorney or agent, shall refuse | Warehouses for the reception of hemp to be erected. |
| to undertake the same, or give bond as aforesaid, then the said court shall, and they are hereby required and impowered to agree with some person or persons to erect and build good and sufficient storehouses, for the reception and preservation of all hemp and flax that shall be brought to the same, and shall certify the charge thereof to the treasurer of this colony for the time being, who is hereby directed and required to pay the same out of the public money in his hands. | |
| II. And be it further enacted by the authority aforesaid, That the courts of the several counties within this colony, wherein any warehouse for the reception of hemp and flax shall be established, shall and may, and they are hereby required to appoint a fit and able person or persons to have the care and charge of the said warehouses, who shall give bond, with good security, in the sum of two hundred pounds, for the faithful and due discharge of his or their duty, and shall take the following oath: I A. B. do swear, that I will receive all hemp and flax, which shall be brought dry and in good order, into the storehouse whereof I am keeper. | Keepers, how appointed. Bond and oath. |
| III. And be it further enacted by the authority aforesaid, That if any store-keeper, appointed in pursuance of this act, shall deliver any hemp or flax but by order of the owner thereof, or shall exchange the hemp or flax of one person for another, or shall fail to give a receipt if required, expressing the quantity and mark of the hemp or flax by him received, he shall for every such failure and pay to the party injured the sum of fifty pounds. | Penalty for breach of duty. |
| IV. And be it further enacted by the authority aforesaid, That the keeper of any storehouses hereby appointed, shall and may demand and receive for storage of hemp or flax four-pence for every hundred and twelve pounds, and so for a greater or lesser quantity; and shall account for the same annually with the treasurer or proprietor, as the case may be; and on failure so to do shall forfeit and pay the sum of one hundred pounds; and shall and may receive for his or their trouble and attendance one penny for every hundred and twelve pounds of hemp or flax, and in that proportion for a greater or lesser quantity. | Fees for storage. |
| V. And be it further enacted by the authority aforesaid, That the courts of the several counties where such warehouses shall be erected, shall provide good and sufficient weights and scales for the purpose of weighing | Weights and scales provided. |
| the hemp and flax brought to such warehouse, and shall certify the costs thereof to the treasurer of this colony for the time being, who shall pay the same out of the public money in his hands, provided such warehouse be erected at the public expense; but if such warehouse shall be built at the expense of the proprietor of the land where it shall be erected; then, and in that case, such proprietor shall furnish such weights and scales at his or her own proper expense, under the penalty of twenty pounds; to be recovered by action of debt in the county court where such warehouse is erected; and all such weights and scales shall be examined once in every year, in the same manner as they are examined at the public warehouses for the inspection of tobacco. | ||
| VI. And be it further enacted, That no such warehouse keeper shall receive into any such warehouse any salt or liquor of any kind whatsoever, under the penalty of five shillings for every bushel of salt or gallon of liquor so received; to be recovered before a justice of the peace by any person who shall inform or sue for the same. | Salt or liquors not to be received in warehouse. | |
| CHAP. XXXVII. | ||
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| I. WHEREAS allowing fairs to be kept in the town of Mecklenburg in the county of Frederick, will be commodious to the inhabitants of those parts and greatly increase the trade of the said town: Be it therefore enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That for the future two fairs shall and may be annually kept and held in the said town of Mecklenburg, on the second Wednesday in June, and the second Wednesday in October, in every year, and to continue for the space of two days, for the sale and vending of all manner of cattle, victuals, provisions goods, wares and merchandize, whatsoever: | Fairs in town of Mecklenburg, (now Shepherds town) established. |
| On which fair days, and two days next before, and two days next after, the said fair, all persons coming to, being at, or going from, the same, together with their cattle, goods, wares and merchandize, shall be exempt and priviledged from all arrests, attachments, and executions, whatsoever; except for capital offences, breaches of the peace, or for any controversies, suits, or quarrels, that may arise and happen during the said time: In which case, process may be immediately issued, and proceedings thereupon had, in the same manner as if this act had never been made; any thing herein before contained, or any law, usage, or custom, to the contrary thereof, notwithstanding. | ||
| II. Provided always, That nothing herein contained shall be construed, deemed, or taken, to derogate from, alter or infringe, the royal power and prerogative of his majesty, his heirs and successors, of granting to any person or persons, body politick or corporate, the priviledges of holding fairs or markets in such manner as he or they, by his or their royal letters patent, or by his or their instructions, to the governor or commander in chief of this dominion for the time being, shall think fit. | ||
| CHAP. XXXVIII. | ||
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| I. WHEREAS by an act of general assembly made in the twenty-fifth year of the reign of his late majesty king George the second, intituled, An act to oblige the prosecutors of offences not capital to pay the costs of the prosecution where the defendant shall be acquitted, which said act only extended to prosecutions in the general court: And whereas it is found expedient that the said act should extend to the county courts in this | Prosecutors for offences not capital liable for costs, in general and county courts. |
| colony; Be it therefore enacted, by the Lieutenant-Governor, 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 recited act, and every part thereof, shall extend to the several county courts in this colony, in the same manner and under the like regulations as in the general court; any law, custom or usage to the contrary notwithstanding. | ||
| II. Provided nevertheless, That if such county court shall certify that there was a probable cause for such prosecution, and that the same was not malicious, then the prosecutor shall not be liable to pay the costs of the prosecution; any thing in this act to the contrary thereof notwithstanding. | Proviso. | |
| CHAP. XXXIX. | ||
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| I. WHEREAS the inhabitants of that part of the county of Mecklenburg which lies on the south side of Roanoke river, have represented to this present general assembly, that they are subject to a continual expence of ferriage over the said river, when their attendance is required at the court-house, either in the public business of the said county, or their own private concerns, or when required to appear at general musters (the court-house being on the north side of the said river) and at the same [time] that they are liable and obliged to pay their full proportion of all the incident charges of the said county; and have petitioned this assembly, that they | Inhabitants of Mecklenburg county, and minister and parishioners of St. James's parish, exempted from paying ferriage over Roanoke, on certain occasions. |
| may be hereafter exempt from the payment of ferriage over the said river on court days, and the days appointed for general musters: And whereas the parish of St. James's, in the said county of Mecklenburg, is situate on both sides the said river Roanoke; and it is represented to this general assembly, that as well the minister of the said parish, at all times when performing the duties of his function, as the other parishioners, who are obliged to cross the ferries to attend divine service on Sundays, and other days of public worship, are subject to the payment of ferriage over the said river, which is an unreasonable expence to them; Be it therefore enacted by the Lieutenant-Governor, 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 inhabitants of the said county of Mecklenburg, and the minister and parishioners of the said parish of St. James's, shall be, and are hereby declared to be exempt and free from the payment of ferriage over the said rive, to and from the court-house aforesaid, and to and from the court-house aforesaid, and to and from the several churches in the said parish, as well for themselves as their servants, carriages and horses, when under the necessity of passing the said river, to appear either at the county court or at general musters, or to attend divine service on Sundays and other days of public worship; and the ferry-keepers on each side of the said river shall, from time to time, as they shall be required, set them over the same without demanding any ferriage of them. | |
| II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the court of the said county of Mecklenburg, and they are hereby impowered and required to contract and agree with the ferry-keepers on each side of the said river, for an annual allowance, to be paid them for such ferriages, which shall be levied by the vestry of the said parish of St. James's, at the laying of the parish levy, for the use of the said ferry-keepers; to be collected and paid in the same manner as the other parish levies. | Court to contract with ferry-keepers. |
| CHAP. XL. | ||
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| I. WHEREAS by an act of assembly made in the twenty-fifth year of the reign of his late majesty king George the second, intituled, An act for building a bridge over Appamattox by subscription, it was enacted that the said bridge should be maintained no longer than the same could be done by subscription, and that neither the justices of the counties of Dinwiddie or Chesterfield, should be obliged at any time thereafter to build a bridge over the said river at the place therein appointed: And whereas it hath been represented to this general assembly, that the rebuilding of the said bridge is necessary and convenient; Be it therefore enacted by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That so much of the said recited act as relates to prohibit the justices of the said counties of Chesterfield and Dinwiddie, from rebuilding or maintaining the same, at the charge of their respective counties, be, and the same is hereby repealed and made void. | Part of act for building a bridge over Appomattox river, repealed. |
| CHAP. XLI. | ||
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| I. WHEREAS by an act of general assembly made in the eighth year of the reign of his majesty king George the first, intituled, An act to oblige ships coming from places infected with the plague to perform their quarantine, it is enacted, That all vessels coming from any place infected with the plague shall make their quarantine: And whereas it is represented to this present general assembly, that the goal fever and small-pox are frequently propagated among the inhabitants of this colony by the importation of convicts and indented servants, which maladies have proved equally infectious, and very little if any less fatal than the plague; Be it therefore enacted by the Lieutenant-Governor, 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, all vessels importing convicts or indented servants infected with the gaol fever or small-pox, shall make their quarantine in such manner, and under the like penalties and forfeitures, as in and by the said recited act are directed. | Vessels importing convicts or servants, infected with goal fever, to perform quarantine. | |
| II. And, for the more effectual discovery of such infected vessels, be it further enacted by the authority aforesaid, That no master of a vessel shall permit any convict or indented servant to quit the vessel before entry at the naval office, as now directed by law; and every such master shall, at the time of entering such vessel, in presence of the naval officer, take and subscribe the following oath: I A. B. do solemnly and sincerely swear, that none of the convicts or indented servants, now by me imported into this colony, have been infected with the goal fever or small-pox at any time within fifty days now last past. So help me God. Which oath the naval officer is hereby required to administer, and subscribe, as a witness thereto. And if any master shall refuse to take such oath, or if it shall appear to such naval officer, that the said vessel ought to make quarantine, | Regulations to prevent contagion. Penalties. |
| such naval officer shall immediately by express give notice thereof to the governor or commander in chief of this colony for the time being; which express shall be paid at the rate, and in the same manner, public expresses are now paid. And if any master of such vessel shall take a false oath, or any naval officer shall permit any vessel to enter contrary to the directions of this act, every such master or naval officer shall respectively forfeit and pay the sum of fifty pounds each, to be recovered by action of debt in any court of record within this colony one moiety thereof to the use of the poor of any parish where any such convicts or indented servants shall be landed; the other moiety to the use of the informer. And in every such action the master shall be obliged to give special bail, if the court before whom such action shall be depending, shall see cause to rule him so to do: And moreover, such master taking a false oath as aforesaid, shall be subject to the same pains and penalties as are inflicted on persons guilty of wilful and corrupt perjury. | ||
| III. And be it further enacted, That every master of a vessel permitting any convict or indented servant to quit such vessel before entry as aforesaid, shall forfeit and pay the sum of ten pounds for every convict or indented servant so permitted, to be recovered and applied in manner as afore-directed. | ||
| CHAP. XLII. | ||
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| I. WHEREAS it is represented to this present general assembly, by the inhabitants of the county of | Act authorising justices |
| Norfolk, that the expence and inconvenience of keeping the public ferries over the three branches of Elizabeth river, and over the Tanner's creek, is become very great, as the same are regulated and settled by an act of assembly passed in the thirtieth year of the reign of his late majesty George the second, intituled, An act to impower the justices of the county of Norfolk to agree with persons to keep certain ferries, and to levy the expence thereof upon the inhabitants of the said county, and have petitioned that the said act may be repealed; Be it therefore enacted by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the justices of the said county of Norfolk be, and they are hereby impowered and required to contract and agree with proper persons who will give most for the privilege of keeping the said ferries ant to apply the money arising therefrom towards lessening the county levy. | of Norfolk county to agree with persons to keep certain ferries, repealed. |
| II. Provided always, That the inhabitants of the said county shall be transported over the said ferries free of ferriage on court and general muster days, and going to, or returning from, church or chapel; and the justices of the said county are hereby impowered and directed to levy the expence to the same upon the tithable inhabitants of their county, at the laying the county levy; and that such ferry-keepers shall and may demand and receive from all persons other than the inhabitants of the said county on court and general muster days, and going to, or returning from, church or chapel; the following rates, that is to say, for a man four-pence, and for a horse the same; 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 for the driver thereof, as for four horses; for every two wheeled chaise or chair, the same as for two horses; for every hogshead of tobacco, and head of nett cattle, as for one horse; for every hog, sheep, goat or lamb, one fourth part of the ferriage of one horse; any law, custom or usage, to the contrary in any wise notwithstanding. | But inhabitants to be put over to attend court, general musters and church, at expense of county. |
| III. And be it further enacted by the authority aforesaid, That all and every clause and clauses of the afore-recited act be, and the same are hereby repealed and made void. |
| CHAP. XLIII. | ||
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| I. WHEREAS it is represented to this present general assembly, that the rates of ferriage across James river, from James Town, in the county of James City, to Swan's point and Crouch's creek, in the county of Surry, and from the two last mentioned places to James town are too low, as the same are settled by an act passed in the twenty-second year of the reign of his late majesty king George the second, intituled, An act for the settlement and regulation of ferries, and for dispatch of public expresses; Be it therefore enacted, by the Lieutenant-Governor, 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 ferry-keepers at the said ferries respectively may demand and take the following rates for ferriage, that is to say, from James town to Swan's point, and from Swan's point to James town, the price for a man one shilling, and for a horse the same; and in that proportion for the transportation of carriages, cattle and other things, and no more. | Rates of ferriage at Swan's point James town, & Crouche's encreased. | |
| II. And, whereas by an act passed in the fifty year of his present majesty's reign, a ferry was appointed from the land of Thomas Shepherd at Mecklenburg, in Frederick county, to Maryland, which is found unnecessary; the same being at a very small distance from a ferry already established from the land of Thomas Swearingen over Potowmack river to Maryland; be it therefore enacted by the authority aforesaid, That the said act be, and the same is hereby repealed and made void to all intents and purposes. | Ferry at Mecklenburg, (now Shepherds town) discontinued. | |
| III. And, whereas by the first recited act, a public ferry was established from the land of Littleton Eyre on Hungar's river, in the county of Northampton, over the bay of Chesapeak to the towns of York, Hampton, and | Penalty for interfering with owner of ferry over the Chesapeake. |
| Norfolk; but no provision was made by the said act for preventing persons from setting over the said bay for reward from the county of Accomack, any person or persons, which is very prejudicial to the keeper of the said ferry; be it therefore enacted by the authority aforesaid, That no person whatsoever shall for reward set any person or persons over the said bay from the county of Accomack (other than the inhabitants of the said county) to the said towns of York, Hampton, or Norfolk, or other place adjacent to the said towns; and if any person shall offend herein, he or she so offending, shall forfeit and pay five pounds for every offence; to be recovered by the keeper of the said ferry for his own use, by action of debt or information in any court of this dominion. | |
| CHAP. XLIV. An act for building a bridge over Back river by subscription. | |
| I. WHEREAS it hath been represented to this general assembly that a bridge over Back river, from the land of Francis Mallory, in the county of Elizabeth city, to the land of John Jones opposite thereto, would be very convenient; and divers inhabitants of the said county have petitioned for leave to build a bridge over the said river by subscription; Be it enacted by the Lieutenant-Governor Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That Cary Selden, George Wray, John Tabb, Jacob Wray, and Nicholas Wilson Curle, gentlemen, be, and they are hereby nominated and appointed trustees for building a bridge ver the said river at the place aforesaid, and the said trustees, or any three or more of them, shall have power and authority to receive subscriptions from any person or persons, and to apply the monies subscribed towards building, maintaining and keeping in repair, the said bridge, in such manner as they the said trustees or any three of them shall judge necessary and convenient. | Bridge to be built over Back river by subscription. |
| II. And be it further enacted by the authority aforesaid, That upon the death, removal out of the county, or resignation of any of the said trustees, the other trustees, or any three of them, shall and may elect one or more person or persons of the same county instead of the trustees so elected shall have the same power and authority, as if he or they had been particularly nominated and appointed by this act. | ||
| CHAP. XLV. | ||
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| I. WHEREAS it is represented that the court days of the counties of Lancaster, Princess Anne, and Elizabeth city, are inconvenient as well to the justices and attornies as the merchants and others who are obliged to attend the same; Be it therefore enacted by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the first day of May next, the court for the county of Lancaster shall be constantly held on the third Thursday in every month; and for the said county of Elizabeth city, on the fourth Thursday in every month; any law, usage or custom, to the contrary thereof, in anywise, notwithstanding. | Court of Lancaster, Princess-Anne and Elizabeth city, altered. |
| CHAP. XLVI. An act to prevent hogs running at large in the town of Port Royal. | ||
| WHEREAS it is represented to this general assembly by the proprietors of the lands adjoining the town of Port Royal, that the permitting hogs to run at large within the limits of the said town is very injurious to them, as such hogs break through and destroy their ditches and enclosures; Be it therefore enacted by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the first day of June next, it shall not be lawful for any person or persons inhabiting within the said town to raise or keep any hogs within the limits thereof, or suffer the same to go at large within the said town; and if any hogs so raised and kept shall be found going or running at large within the said town, it shall and may be lawful for any person whatsoever to kill and destroy the same. | Hogs not to run at large, in town of Port Royal. | |
| CHAP. XLVII. | ||
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| I. WHEREAS the act of the general assembly made in the nineteenth year of the reign of his late majesty king George the second, intituled, 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 acts 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-seven; and it being necessary that the same should be further continued, with amendments. | Act for regulating and collecting officers fees continued and amended. |
| Be it therefore enacted by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the said recited acts, except as to so much thereof as is otherwise directed by this act, shall continue and be in force from and after the said twelfth day of April, one thousand seven hundred and sixty-seven, for an during the term of two years, and no longer. | ||
| II. Provided always, and be it further enacted by the authority aforesaid, That from and after the passing of this act, it shall not be lawful for the secretary of this colony, or the several county court clerks, to charge any fee for the search for any thing in their respective offices where a copy is taken or made; and the person requiring such copy shall be chargeable with the fee for the copy only. | No fee for a search, if a copy taken. | |
| CHAP. XLVIII. | ||
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| I. WHEREAS by an act of general assembly made in the twelfth year of the reign of his late majesty George the second, intituled, An act for erecting two new counties and parishes, and granting certain encouragements to the inhabitants thereof, it is enacted for the more easy payment of all levies, secretary's, clerks, sheriffs and other officers fees, by the inhabitants of the counties of Frederick and Augusta, that the said levies and fees should and might be paid in money for tobacco at three-farthings per pound without any deduction: And whereas by one other act of general assembly made in the twenty-second year of his said majesty's reign, intituled, An act for the support of the clergy, and for the regular paying the parish levies, it is among other things enacted, that every minister, preferred, or to be preferred into any parish within this dominion, shall have and receive an annual salary of sixteen thousand pounds of tobacco and cask, with an | Salary of minister of Frederick parish, in county of Frederick encreased. |
| allowance of four per cent. for shrinkage; to be levied, assessed, collected and paid in tobacco; which, under the directions of the first recited act, is to be levied and paid in the said county of Frederick in money for tobacco, at the rate of three-farthings per pound; by which the minister of the said parish of Frederick receives a salary very inadequate to other ministers in this colony, and the vestry and inhabitants of the said parish of Frederick, with the consent, and at the instance of the minister of the said parish, have petitioned that an act may pass to impower them to levy an additional sum for the support of the said minister; Be it therefore enacted by the Lieutenant-Governor, 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 vestry of the said parish of Frederick, at the time of laying their levy, shall, and they are hereby authorized and required to levy on the tithable persons within their parish the sum of ninety-one pounds, with an allowance of six per centum for collecting the same, to be levied, collected and paid in the same manner, and under the like penalties, as in and by the said second recited act are directed; and if the vestry of the said parish shall neglect or refuse to direct the said ninety-one pounds, with the allowance for collecting as aforesaid, to be levied and collected as by the said second recited act is directed, the vestrymen of the said parish present at laying of the parish levy, neglecting or refusing, shall be liable to the action of the minister injured thereby, his executors or administrators, for all damages he shall sustain by occasion of such refusal or neglect. |
| CHAP. XLIX. | ||
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| I. WHEREAS by an act of assembly made in the first year of his present majesty's reign intituled, An act for enlarging and ascertaining the limits of the borough of Norfolk, and for other purposes therein mentioned, a certain piece or parcel of land in the said borough, whereon a publick warehouse lately stood, commonly called the fort land, was vested in John Hutchings, Robert Tucker, Archibald Campbell, James Holt, Paul Loyal, Thomas Newton, Samuel Boush, William Aitchison, Daniel Rothery, William Bradley, John Tucker, Goodrich Boush, James Taylor, Archibald White, Robert Waller, John Hunter, and William Freeman, gentlemen, in fee simple, as trustees and directors, in behalf of themselves and divers other persons named in a schedule to the said act annexed, for the uses and purposes therein mentioned; which said act of assembly was amended and explained by another act of assembly made in the third year of his said majesty's reign, intituled, assembly An act to amend an act to explain the charter and enlarge the privileges of the borough of Norfolk, and for other purposes therein mentioned; also one other act, intituled, An act for enlarging and ascertaining the limits of the borough of Norfolk, and for other purposes therein mentioned: In consequence of which several acts, the persons interested in the said parcel of ground, have formed themselves into a company stiled and known by the name of the Town-Point company; but no provision being made for perpetuating the succession of the said trustees, several of whom are since dead; Be it therefore enacted by the Lieutenant-Governor, 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 at any time after the passing of this act, to and for the present | Succession of trustees of Town Point company in Norfolk,
perpetuated. [2d Geo III] |
| members of the said company, and their heirs, executors, administrators or assigns, and the heirs, executors, administrators or assigns, or other legal representatives of such members of the said company as are now dead, to elect and chuse by a majority of voices of the members present from among the members of the said company or their heirs, executors, or administrators or assigns some other persons to succeed such of the trustees and directors as are now dead, or may hereafter die, be removed, resign, or be rendered incapable of doing duty. | |
| II. Provided always, That no member of the said company, or his representative, shall have liberty to vote at such election, who shall not at the time of voting be entitled to twenty-five pounds of capital stock at the least; and that no more than one vote shall be given by coheirs, executors or administrators, in respect of the share of any dead person; nor shall such election be made until public notice of the day, time and place, shall be first given, and a majority of the members having a right to vote be present. | |
| CHAP. L. An act to vest certain lands in trustees for the purposes therein mentioned. | |
| WHEREAS John Chiswell, late of the city of Williamsburg, gentleman, deceased, by deed bearing date the thirty-first day of May, in the year of our Lord one thousand seven hundred and sixty, did, for the purposes therein mentioned, grant, bargain and sell unto John Robinson to the county of King and Queen, esquire, all the lands of him the said John Chiswell, lying on Rock-fish river, in the county of Albemarle, containing about twenty thousand acres; Also seven eighth parts of a copper mine and lands, lying in the said county of Albemarle, purchased of John Warren: Also one fourth part of a copper mine and lands, purchased of Joshua Fry: Also two thousand acres of land, lying on Buffaloe ridge in the said county of Albemarle: Also one fourth | Certain lands sold by John Chiswell to John Robinson vested in trustees, to confirm titles of purchasers. |
| of a mine and lands, purchased of William Byrd, esquire; and one fourth part of two thousand acres of land which the said John Chiswell and John Robinson had obtained orders of council to survey on New river in the said county of Augusta, with all mines, privileges, profits and advantages, to the same belonging. | |
| II. And, whereas the said John Robinson having sold part of the said lands, hath since departed this life without conveying the same; and it is necessary that the said lands should be vested in trustees, to confirm the title of the purchasers; and the residue to be sold for the intents and purposes of the said recited deed; be it therefore enacted by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the said lands, as to so much thereof as hath not been already conveyed to any purchaser by the said John Robinson, be, and the same are hereby vested in Peyton Randolph, Archibald Cary, Seth Ward, William Cabell, and Joseph Cabell, esquires, the survivors or survivor of them, In Trust, to sell so much thereof as hath not been already agreed for, for the most that can be got, to any person or persons willing to purchase the same, and convey the same and such other parts of the said land as hath been agreed for, and not conveyed; to hold to such purchaser or purchasers, his or their heirs and assigns for ever. | Trustees appointed. |
| III. And be it further enacted by the authority aforesaid, That the said trustees shall pay the money arising from such sale, after deducting the expences of sale, and five per centum for their trouble therein, to the administrators of the said John Robinson, to be by them applied to the uses in the said deed mentioned. | Money, how appropriated. |
| IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the said John Chiswell or John Robinson, all such estate, right and title, as they every or any of them, could or might claim, if this act had never been made. |
| Pages 231-251
| Pages 272-294
|