Pages 452-473 | Pages 493-505 |
CHAP. LXXXIII. | ||
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I. WHEREAS George Braxton, the elder, formerly of the county of King and Queen, esquire, was, in his lifetime seized in fee simple of and in a tract of land, containing about five hundred and seventy-eight acres, lying on Mattapony river, in the parish of Saint John, and county of King William, and being so seized, he the said George Braxton in and by his last will and testament in writing bearing date the thirtieth day of June, one thousand seven hundred and twenty-five, did, among other things, give and devise the said tract of land, by the description of the land and plantation which he bought of Mr. Richard Phillips, For, and Mallory, with all the marsh and sunken grounds, to his daughter Elizabeth Brooke, and the heirs of her body, with several remaiders [remainders] over, in case of her death without issue, as in and by the said will, duly recorded in the court of the said county of King and Queen, may more fully appear; and after the death of the said testator, some disputes arising in the family, concerning the said will, and the distribution of the testator's estate, a settlement was made and executed by and between his representatives, bearing date the twenty-first day of September, one thousand seven hundred and fifty eight, whereby, among other things, the aforesaid devise to the said Elizabeth Brooke, and remainders thereon depending, were confirmed, as by the said settlement, recorded in the general court, may more fully appear, by virtue of which devise and settlement the said Elizabeth Brooke entered into the lands before described, and died seized thereof; and after her death George Brooke, gentleman, her eldest son and heir, entered into the said lands, and is now seized thereof, as tenant in fee tail: And whereas the said George Brooke is seized in fee simple of and in a tract of land called Mantapike, containing about seven hundred and eighty acres, lying on the said river, in the said county of King and Queen, | Certain intailed lands vested in George Brooke, |
by him purchased of Tunstall Banks; and it is represented to this present general assembly that it will be for the advantage of the said George Brooke, his heir and family, if the said tract of land, in the county of King William, was vested in the said George Brooke in fee simple, and the said tract of land, in the said county of King and Queen which is of greater value, settled to the same uses: And forasmuch as notice hath been published three Sunday's successively, in the several churches of the said parish of Saint John, that application would be made to this present session of assembly for an act to pass for this purpose, pursuant to your majesty's instructions, | |
II. May it therefore please your most excellent majesty at the humble suit of the said George Brooke, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said tract of land, in the county of King William, with the marsh and sunken grounds, be the same five hundred seventy-eight acres, more or less, be, and the same is hereby vested in the said George Brooke, his heirs and assigns, forever, to his and their own proper use: And that the said tract of land, called Mantapike, in the county of King and Queen, by the said George Brooke, purchased of Tunstall Banks, be the same more or less, shall be, and the same is hereby vested in the said George Brooke, and the heirs of his body; and for want of such issue, the same shall descend, pass, and go, to such person or persons to whom the said lands, in the county of King William, would have remained, descended, and gone, by virtue of the limitations in the will of the said George Braxton, the elder, and the said family settlement; if this act had never been made. | |
III. 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 person and persons claiming under the will of the said George Braxton, the elder, and the said family settlement, all such right, title, interest, and estate, claim and demand, as they, every, or any of them, could or might have, if this act had never been made. | |
IV. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. |
CHAP. LXXXIV. | ||
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I. WHEREAS Augustine Moore formerly of the county of King William, gentleman, was, in his lifetime, seized in fee simple of and in a tract of land whereon he lived, containing about eighteen hundred acres, situate, on Mattapony river, in the parish of St. John, in the said county of King William; and being so seized, he the said Augustine Moore, in and by his last will and testament in writing, bearing date the twenty-sixth day of January, one thousand seven hundred and forty-two, did devise the said lands to his dear and well beloved wife, Elizabeth Moore, during her natural life, and after her death, he gave and devised the same to his son Bernard Moore, and the heirs of his body, with several limitations and remainders, as in and by the said will, remaining of record in the court of the said county of King William, may more fully appear; and soon afterwards the said testator died so seized, and the said Elizabeth Moore being also dead, the said Bernard Moore entered in to the said lands, and was and yet is seized thereof, as tenant in fee tail: And whereas the said lands, from their long and frequent tillage, do not yield sufficient crops for the support of the said Bernard and his numerous family; and yet, from their pleasant and convenient situation, may be sold for a great price; and it is represented to this general assembly that it will be for the advantage of the said Bernard Moore, his heir and family, if the said lands were sold, and the money laid out in the purchase of fresh lands and slaves which would yield a greater profit, and enable the said Bernard to support his family, and make a better provision for his younger children: and forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of St. John, that application would be made to this present general assembly for an act to dock the intail of the said lands, | Certain lands whereof Bernard Moore, esq. is seized in fee-tail, vested in trustees, to be sold. |
and to settle other lands and slaves, in lieu thereof, according to your majesty's instructions, | |
II. May it therefore please your most excellent majesty, at the humble suit of the said Bernard Moore, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said tract of land, containing eighteen hundred acres, be the same more or less, be, and the same is hereby vested in John Baylor, Carter Braxton, Thomas Walker, Thomas Jefferson, and John Walker, gentlemen, the survivors or survivor of them, and the heirs, executors, or administrators, of such survivor; In Trust, that they, or the major part of them, or their survivors, shall sell the said land 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 said lands to the purchaser or purchasers in fee simple, who shall forever thereafter hold and enjoy the same, discharged of the limitations in the will of the said Augustine Moore, deceased. | |
II. And be it further enacted, That the money arising from the sale of the said lands after defraying the expences of sale, shall be by the said trustees, or the major part of them, or their survivors, as soon as conveniently may be, fairly laid out in the purchase of other lands and slaves, which shall be, by good and sufficient deed or deeds, conveyed to the said trustees, the survivors or survivor of them and the heirs of such survivor, to hold the same, In Trust, to and for the following uses, that is to say, to the use of the said Bernard Moore, for and during his natural life, without impeachment of waste, and after his decease, as to one third part of such lands and slaves, so to be purchased, to the use of Anna Catharina, now the wife of the said Bernard Moore, in case she shall survive him, for and during her natural life, for her dower; and as to the other two third parts of such lands and slaves, from and after the death of the said Bernard Moore, and as to the said one third part, allotted for the dower of the said Anna Catharina, from and after the death, or other determination of such dower, to the use of the heirs of the body of the said Bernard Moore, and the heirs of his or her body forever; and in default of such issue, to the use of such other person or persons, to whom the said lands in the county of King William, would have |
remained, descended, and gone, by virtue of the limitations in the will of the said Augustine Moore, if this act had never been made. | ||
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 person and persons claiming under the will of the said Augustine Moore, all such estate, right, title, or interest, as they, every, or any of them, could or might claim, if this act had never been made. | ||
V. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
CHAP. LXXXV. | ||
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WHEREAS John Lewis, formerly of the county of Gloucester, esquire, was seized in fee simple of a tract of land called Chamokins, lying in the parish of St. Peter, in the county of New-Kent, containing about thirteen hundred acres, and being so seized, he, the said John, by indenture, bearing date the thirteenth day of October, one thousand seven hundred and seventeen, did, for the consideration therein mentioned, give and grant the said lands unto his son Charles Lewis, and the male heirs of his body, forever, with several limitations and remainders, as in and by the said indenture may more fully appear, by virtue whereof, the said Charles Lewis entered into the said lands, and was thereof seized as tenant in tail male. And whereas, by an act of general assembly, passed in the thirty-fourth year of the reign of his late majesty king George the second, intituled An act to dock the intail of certain | Certain intailed lands whereof Charles Lewis is seized, vested in John Lewis in fee-simple. |
lands whereof Charles Lewis, gentleman, is seized, and for settling other lands of greater value to the same uses, the said tract of land in the county of New-Kent, was vested in the said Charles Lewis in fee simple, and another tract containing eighteen hundred and fifty acres of land, situate on Tye river, then in the county of Albemarle (formerly Goochland) but now in the parish of Amherst, in the county of Amherst, which had been granted by letters patent, bearing date the twenty-fifth day of July, one thousand seven hundred and forty-one, unto him the said Charles Lewis, were vested in the said Charles, and the male heirs of his body, and subject to the like limitations and remainders as the said lands in the county of New-Kent were subject to by the deed of the said John Lewis, herein before recited, which last mentioned lands were, by the said Charles Lewis, surrendered to John Lewis, the younger, his eldest son, and apparent heir male, who hath ever since had the use and occupation thereof. And whereas the said John Lewis, the younger, is seized in fee simple of and in a tract of land, containing one thousand one hundred and forty-six acres, lying upon Dan river, in the county of Pittsylvania, granted to him by letters patent bearing date the ninth day of February, one thousand seven hundred and seventy, to which the said John hath removed, and intends the same for his place of residence; and it will be for the advantage of the said John Lewis, his heir and family, to vest the said lands in the county of Amherst, in the said John in fee simple, whereby he may be enabled to make a provision for his younger children by sale of the same, and to settle the said lands in the county of Pittsylvania, being of greater value, to the same uses. And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of Amherst, that application would be made to this present general assembly to dock the intail of the said eighteen hundred and fifty acres of land, and to settle other lands to the same uses, pursuant to your majesty's instructions, | |
II. May it therefore please your most excellent majesty, at the humble suit of the said Charles Lewis, and John Lewis, the younger, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said eighteen hundred and fifty |
acres of land on Tye river, in the county of Amherst, be the same more or less, be, and the same is hereby vested in the said John Lewis, the younger, his heirs and assigns, forever, to his and their own proper use; and that the said one thousand one hundred and forty-six acres of land, lying on Dan river, in the county of Pittsylvania, be the same more or less, shall be, and the same is hereby vested in the said John Lewis, the younger, and the male heirs of his body; and in default of such issue, the same shall descend, pass, and go, to such person or persons to whom the said thirteen hundred acres of land, in the county of New Kent, would have remained, descended, or come, by virtue of the limitations in the indenture aforesaid of the said John Lewis, the elder, if this, or the said recited act, had never been made. | |
III. And be it further enacted, by the authority aforesaid, That the said recited act, as to so much thereof only as is contrary to this act, be, and the same is hereby repealed. | |
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 indenture of the said John Lewis the elder, or the said recited act, all such estate, right, title, and interest, as they, every, or any of them, could or might claim if this act had never been made. | |
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. LXXXVI. | ||
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I. WHEREAS James Burwell, late of the county of York, gentleman, deceased, was in his lifetime, and at the time of his death, seized in fee simple of a certain tract or parcel of land, containing four thousand acres, situate in the parish of Newport, and county of Isle of Wight, and being so seized, did, by his last will and testament in writing bearing date the sixth day of September, in the year of our Lord one thousand seven hundred and eighteen give and devise the same, under the description of all his lands in the county of Isle of Wight, to his son Nathaniel Bacon Burwell, and the heirs male of his body, lawfully issuing, with divers remainders over, as by the said will, proved and recorded in the court of the said county of York, reference being thereto had, will more fully appear; and the said James Burwell soon after making the will aforesaid departed this life; after whose decease the said Nathaniel Bacon Burwell entered into, and died seized of the said land, leaving James Burwell, his eldest son, who is now seized thereof in fee tail: And whereas the said land, for want of slaves t work the same, is rather burthensome than beneficial to the said James Burwell, and it will be of advantage, as well to the said James, and the issue in tail, as to those claiming in remainder, to dock the intail of the said land, and to vest the same in trustees, to be sold, and to lay out three fourths of the money, arising from the sale thereof, in the purchase of other lands, to be settled to the same uses, the other fourth part in the purchase of slaves, to be settled on the said lands: And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Newport, pursuant to your majesty's instructions, that application would be | Intail of 4000 acres of land in Isle of Wight whereof James Burwell is seized in fee-tail vested in trustees, in fee-simple. |
made to this present general assembly, to dock the intail of the said four thousand acres of land, with the appurtenances, | |
II. May it therefore please your most excellent majesty, at the humble suit of the said James Burwell, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said four thousand acres of land, with the appurtenances, be, and the same is hereby vested in Lewis Burwell, Dudley Digges, the younger, Thomas Nelson, the younger, Richard Baker, and Nathaniel Burwell, the younger, gentlemen, who are appointed trustees for putting this act in execution; In Trust, that they the said trustees, or the survivors or survivor of them, shall cause the said lands to be sold at public sale, for the best price that can be got for the same, and, upon payment of the purchase money, the said trustees, or any three of them, shall seal and deliver a deed or deeds, indented, for the conveyance of the fee simple estate and inheritance of the said land, to the purchaser or purchasers, who shall forever hold and enjoy the same, freed and discharged from the limitation in the last will and testament of the said James Burwell; any law, usage or custom, to the contrary thereof, in any wise notwithstanding. | |
III. And be it further enacted, by the authority aforesaid, That three fourths of the money arising by the sale of the said lands shall be, by the trustees, the survivors or survivor of them, as soon as conveniently may be, after receiving the same, fairly laid out in the purchase of other lands, and the other fourth part in slaves, to be settled on the said land; and the said trustees, the survivors, or survivor of them, are hereby impowered and required to cause a deed or deeds to be executed for the lands and slaves, so by them to be bought, to the said James Burwell; which said lands and slaves shall descend, pass, and go in such manner, and for such estates therein, as the said four thousand acres of land, would have remained, gone, and descended, by virtue of the said will, as if this act had never been made. | |
IV. Provided always, That nothing in this act contained shall be construed to exempt the slaves so to be purchased, from the payment of the debts of the tenant |
in tail for the time being, according to the laws now in force. | ||
V. 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 last will and testament of the said James Burwell, 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 is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
CHAP. LXXXVII. | ||
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I. WHEREAS Edmund Gwynn, of the county of Gloucester, deceased, was, in his lifetime, seized in fee simple of a tract of land, lying and being in the parish of Ware, in the said county, containing, by estimation, five hundred and fifty acres, and being so seized, in and by his last will and testament, bearing date the tenth day of March, in the year of our lord one thousand six hundred and eighty-three, did among other things, give and devise the said land unto his son John Gwynn, and his heirs lawfully begotten of his body, and in case of his mortality without issue, he then gave his said land unto his daughter Lucy Gwynn, and to her hairs lawfully begotten forever, with divers remainders over, as in and by the said will, remaining in the said county court of Gloucester, may more fully appear, and soon after died so seized; and after his death the said | Intail of 550 acres of land in Gloucester, whereof Sarah the wife of John Rootes, is seized, docked, and vested in trustees for certain purposes. |
John Gwynn entered into the said land, and died without issue, upon which the aforesaid Lucy Gwynn entered into the said land, and intermarried with Thomas Reade, of the said county of Gloucester, deceased, and by him had issue Thomas Reade, her eldest son and heir, and John Reade, here second son; and the said Lucy dying seized, the said Thomas her son, entered and died without issue, whereupon the said land descended to the said John Reade, late of the county of King and Queen, clerk, deceased, and on his death descended to his only daughter and heir, Sarah Reade, now the wife of John Rootes, gentleman, and the said John and Sarah in her right are now seized and possessed of the said land in fee tail: And whereas Mildred Warner, relict of Augustine Warner, of the county of Gloucester, esquire, deceased, was, in her lifetime, seized in fee of a tract of land given to her by her father, George Reade, esquire, lying and being at Cheesecake, in the county of Gloucester aforesaid, and being so seized, by her last will and testament, bearing date the fourth day of January, in the year of our Lord one thousand six hundred and ninety-four, did, among other things, give and bequeath to her son Robert Warner, all the said last mentioned tract of land, to hold to the said Robert Warner, and the heirs of his body; and in default of such heirs to his brother George Warner, and the heirs of his body forever; and for want of such issue to her four brothers Robert, Francis, Benjamin, and Thomas Reade, or any of their heirs, to them and the heirs of their bodies lawfully begotten forever, with divers other remainders, as by the said will, recorded in the court of Gloucester, may more fully appear; and soon after the said Mildred died so seized, and the said Robert Warner, and George Warner, both dying afterwards without issue, the said tract of land at Cheesecake became vested in the said Robert, Francis, Benjamin, and Thomas Reade, brothers of the said Mildred Warner, or their representatives respectively, and after dividing the same part of the said tract of land in two parcels, one of two hundred acres, and the other of four hundred and eighty-five acres, became vested in the said Thomas Reade, as his dividend in fee tail, by virtue of the will aforesaid, who left issue the aforenamed Thomas Reade, his eldest son and heir, and the said John Reade, his eldest son and heir, and the said John Reade, clerk, his second son, who, on the death of the said Thomas without issue, entered into |
the said lands last mentioned, and on his death, the same descended to his said daughter Sarah Rootes, who, with her said husband, is seized and possessed of the same in fee tail; and the said John Rootes, and Sarah his wife, having very few slaves to cultivate the said three tracts of intailed lands, and as on their death the same would descend to their heir in tail, without any slaves to work thereon, which would be very disadvantageous to him, it is represented to this general assembly that it would be more for the advantage of the said John Rootes, and Sarah his wife, and her issue, and those claiming in remainder and reversion, if the first mentioned tract of land, containing five hundred and fifty acres, in the parish of Ware, and county of Gloucester, aforesaid, was sold, and the money laid out in the purchase of slaves, to be annexed to the other two tracts of intailed lands aforesaid. And forasmuch as notice hath been published three Sundays successively, in the said parish of Ware, that application would be made to this present general assembly to dock the intail of the said tract of five hundred and fifty acres of land, according to your majesty's instructions, | |
II. May it therefore please your most excellent majesty, at the humble suit of the said John Rootes, and Sarah his wife, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said tract of land, lying and being in the parish of Ware, and county of Gloucester, aforesaid, containing, by estimation, five hundred and fifty acres, with the appurtenances, shall be, and the same is hereby vested in the honourable John Page, esq. and Thomas Whiting, Lewis Burwell, of Gloucester, Francis Whiting, and Roger Dixon, gentlemen; In Trust, that they the said trustees, or the survivors, or survivor of them, shall cause the said five hundred and fifty acres of land to be sold at public sale, for the best price that can be got for the same, and, upon payment of the purchase money, the said trustees, or any three of them, shall seal and deliver a deed or deeds, indented, for the conveyance of the fee simple estate, and inheritance of the said land, to the purchaser or purchasers, who shall forever hold and enjoy the same, freed and discharged from the limitations in the will of the said Edmund Gwynn, deceased. |
III. And be it further enacted, by the authority aforesaid, That the money arising by the sale of the said land shall be by the trustees, the survivors, or survivor of them, as soon as conveniently may be, after receiving the same, fairly laid out in the purchase of slaves, one third at least to be females; and the trustees, or the survivors, or survivor of them, shall cause the names of the said slaves, when purchased, to be recorded among the records of the said county of Gloucester, and thereafter such slaves, and their increase, shall be vested in the said trustees, the survivors, or survivor of them, and the heirs, executors, or administrators, of such survivor, in trust, to and for the following uses; that is to say, to the sole and separate use of the said Sarah, for and during her natural life; and from and after the death of the said Sarah, to the use of the said John Rootes, during his life; and after the death of the longest liver of them, then the said slaves, and their increase, shall be annexed to the said two tracts of land, containing two hundred, and four hundred and eighty-five acres at Cheesecake, aforesaid, and shall descend, pass, and go, to the heirs of the body of the said Sarah; and in default of such issue, the said slaves shall go to such other person or persons, to whom the said tract of five hundred and fifty acres of land would have remained, descended, and gone, by virtue of the limitations in the will of the said Edmund Gwynn, if this act had never been made. | |
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 last will and testament of the said Edmund Gwynn, deceased, all such right, title, claim, interest, and demand, as they, every, or any of them should or might claim if this act had never been made. | |
V. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained. |
CHAP. LXXXVIII. | ||
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I. WHEREAS William Armistead, formerly of the county of Gloucester, esquire, was, in his lifetime, and at the time of his death, seized in fee simple of and in a very valuable estate in lands, lying in the county of Gloucester, and of two thousand seven hundred and forty acres, lying in the parish of Christ church, in the county of Middlesex, and was also seized of a tract of land containing about six thousand acres, lying in the parish of Hamilton, in the county of Prince William, and being so seized, he the said William Armistead, in and by his last will and testament, in writing, bearing date the thirtieth day of December, in the year one thousand seven hundred and fifty-five, did, among other things, give and devise as follows, Item, I give and bequeath unto my well beloved son William Armistead all my lands in Gloucester and Middlesex counties, with seventy choice slaves, including my house servants, and likewise the stocks of all sorts, with all the household furniture, in and upon the said estate, to him and the heirs of his body lawfully begotten for ever. Item; I give and bequeath unto my well beloved son John Armistead all that tract of land purchased from the trustees of Mr. George Carter, in the county of Prince William, with all the stocks and slaves thereupon, and likewise all the slaves and stocks in and upon my lands, in the counties of Culpeper and Caroline, to im and the heirs of his body lawfully begotten for ever; and after other devises to his sons Bowles and Henry Armistead, did direct as follows: My will and desire is that my said sons shall not come to the possession of their estates till they severally arrive to the age of twenty-one years he shall be entitled to his estate, and in like manner shall all my | Certain intailed lands whereof William and John Armistead, are seized, vested in trustees, to be sold for payment of the debts due from their father. |
other sons be entitled to their estates respectively, as by the said will, recorded in the general court, may more fully appear; and soon afterwards the said testator died so seized, considerably indebted to sundry persons in Great-Britain and this colony, so that when the said William and John Armistead, the sons, severally arrived to the age of twenty-one years, they could not obtain the possession of their estates so devised to them, until they engaged to pay their respective proportions of the said debts, then and yet remaining due, which they severally undertook to pay, amounting to about the sum of one thousand seven hundred pounds sterling each, which the said John and William have no means of discharging but by selling some part of the estates to them respectively devised, as aforesaid, which they cannot do, by reason of their limited interest therein; and should their intailed slaves be taken in execution, and sold for that purpose, their lands would be rendered useless, and they wholly unable to support their families, and make provision for their younger children; it is therefore represented to this general assembly that it will be of advantage to the said William and John Armistead, and their respective families, if they were allowed to sell some part of their intailed lands, for payment of the said debts, whereby their slaves might be saved to work the residue: And forasmuch as notice hath been published three Sundays successively, in the several churches of the said parish of Christ church; in the county of Middlesex, and in the several churches of the said parish of Hamilton, n the county of Prince William, that application would be made to this present session of assembly for an ct to be passed to sell the said lands, in the county of Middlesex, and two thousand acres, part of the said lands, in the county of Prince William, for the purposes aforesaid, pursuant to your majesty's instructions, | |
II. May it therefore please your most excellent majesty, at the humble suit of the said William Armistead, and John Armistead, that it may be enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said two thousand seven hundred and forty acres of land, be the same more or less, whereof the said William Armistead, the elder, died seized, in the county of Middlesex, be, and the same is hereby vested in Ralph Wormeley, the elder, William Churchill, |
and Philip Ludwell Grymes, esquires; In Trust, that they, or any two of them, shall sell and dispose of the same, for the best price that can be had, to any person or persons willing to purchase, and convey the said lands to the purchaser or purchasers in fee simple, who shall forever thereafter hold the same, discharged of the limitations in the will of the said William Armistead, the elder; and out of the money arising from such sales, the said trustees shall, in the first place, pay to the said William Armistead, the said sum of one thousand seven hundred pounds sterling, and the surplus, if any, after defraying the expences of sale, shall be, by the said trustees, or two of them, fairly laid out in the purchase of other lands, which they shall cause to be conveyed, by good and sufficient deed or deeds to the said William Armistead, who shall, from thenceforth, old the same, to him and the heirs of his body forever; and in default of such issue, the said lands shall go to such person or persons, to whom the said lands, in the county of Middlesex, would have descended and come, if this act had never been made. | |
III. And be it further enacted, by the authority aforesaid, That the said tract of land, in the county of Prince William, be, and the same is hereby vested in John Baylor, Walker Taliaferro, Henry Lee, Foushee Tebbs, and Thomas Marshall, esquires, or the survivors of them; In Trust, that they, or any three of them, shall sell and dispose of so much thereof, not exceeding two thousand acres, as shall be sufficient to raise the sum of one thousand seven hundred pounds sterling, beside the expences of sale (to be laid off in such manner as to them shall seem most convenient and proper) for the best price that can be had, and convey the lands, so sold, to the purchaser or purchasers in fee simple, who shall for ever thereafter hold and enjoy the same, freed and discharged of the limitations in the will of the said William Armistead, the elder; and the said trustees shall pay the said one thousand seven hundred pounds sterling to the said John Armistead, his executors, or administrators; and what shall be left of the said tract of six thousand acres of land, shall remain to the said John Armistead, and the heirs of his body, according to the will of his said father. | |
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 William Armistead, the elder, all such right, title, interest, and estate, claim and demand, as they, every, or any of them, could or might have if this act had never been made. | ||
V. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
CHAP. LXXXIX. | ||
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I. WHEREAS by one act of assembly passed in the third and fourth years of the reign of his late majesty king George the second, intituled 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 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 allowances, a balance of fifteen hundred pounds at least, that then every burgess elected, and serving for any county or corporation within this dominion, should be paid out of the public money the sum of ten shillings for each day he should serve in the house of burgesses, with such further allowances, and under such restrictions and regulations, as in the said act is at large directed. | Burgesses wages payable in money. | |
II. And whereas it appears there is not money sufficient in the treasurer's hands to pay the burgesses wages, for this present session of assembly and the late convention, leaving a balance of fifteen hundred pounds according to the directions of the said act: Nevertheless, |
as the payment of the said wages in money will be a great ease and relief to the inhabitants of this colony, by lessening the levy by the poll. | |
III. Be it therefore enacted, by the 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 this act, the burgesses wages and allowances, for the late convention and present session of assembly, shall be paid by the treasurer, out of the public money in his hands, according to the directions and regulations of the said recited act. | |
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Pages 452-473 | Pages 493-505 |