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| CHAP. XXXVI. | ||
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| I. WHEREAS the act of assembly, made in the tenth year of his present majesty's reign, intituled An act for giving a salary to the speaker of the house of burgesses, expired on the tenth day of February, one thousand seven hundred and seventy two, and it is necessary, in order to support the dignity of the said office, that the said act should be revived, and to enable the speaker to employ his time in the service of his country, that a proper allowance should be made him: 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 the treasurer of this colony, out of the public money in his hands, do pay Peyton Randolph, esq; speaker of the house of burgesses, or the speaker for the time being, the sum of six hundred and twenty five pounds current money of Virginia, to be paid at four equal payments; that is to say, the sum of one hundred and fifty-six pounds and five shillings on the sixth day of May next, and the like sum of one hundred and fifty-six pounds and five shillings on the sixth day of May next, and the like sum of one hundred and fifty-six pounds and five shillings on the sixth day of November next, and the like sum of one hundred and fifty-six pounds and five shillings on the sixth day of February next, respectively, and so annually during the continuation of this present general assembly, and, in case of a dissolution thereof, until the meeting of the succeeding assembly. | Salary to Peyton Randolph, esq. speaker of the house of Burgesses. | |
| II. And be it further enacted, by the authority aforesaid, That the governor or commander in chief, for the time being, is hereby impowered and desired to issue his warrant, directed to the treasurer for the time being, for payment of the several sums aforesaid, as they shall become respectively due. |
| CHAP. XXXVII. An act for further continuing the act, intituled An act for appointing a Treasurer. | ||
| WHEREAS the act of assembly, made in the seventh year of his present majesty's reign, intituled An act for appointing a treasurer, and which was continued by another act, made in the tenth year of his said majesty's reign, will expire at the end of this session of assembly, and it being expedient and necessary that the said act should be further continued: 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 the said act of assembly shall continue, and be in force, from and after the expiration thereof, for and during the continuance of this present general assembly, and, after the dissolution thereof, to the end of the next session of assembly, and no longer. | Act for appointing a treasurer further continued. | |
 CHAP. XXXVIII. | ||
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| I. WHEREAS by several acts of the general assembly, passed in the first, eighth, twenty-fifth, and twenty-ninth years of the reign of his late majesty king George the second, the Nottoway Indians have been impowered, with the consent and approbation of the trustees, in the said acts respectively mentioned, to sell their lands on the north side of Nottoway river, in the county of Southampton, but from the manner of surveying and laying off the said lands, small parcels, unoccupied by the said Indians, still remain unsold, and the said Indians, by their petition, have represented to this present general assembly, that it will be greatly beneficial | Nottoway Indians authorised to sell certain parcels of land, on the north side of Nottoway river. |
| to them, not only to sell those small parcels, on the north side as aforesaid, but to lease out a part of their lands, not exceeding one half, on the south side of the said river Nottoway, which is also unoccupied by them: 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 the chief men of the said Nottoway Indians be, and they are hereby impowered to make sale of all or any of the parcels of land aforesaid, on the north side of the said river Nottoway, by and with the consent of Henry Taylor, Edwin Gray, Thomas Blunt, Charles Taylor, and John Blow, gentlemen, who are hereby appointed trustees for the faithful execution of this act. And after any agreement made for the sale of any of the said parcels of land, it shall and may be lawful for the said chief men, together with the trustees aforesaid, or any two of them, to seal and deliver a feoffment, and to make livery of seisin, upon the land, to be endorsed upon such feoffment, to the purchaser, who, immediately after the execution thereof, shall pay down to the said chief men the purchase money, for which a receipt shall be likewise endorsed on the said deed; and any feoffment, so executed and perfected, and afterwards acknowledged, or proved by the oath of three witnesses, and recorded in the said court of Southampton, where the lands lie, shall be sufficient in law to pass the fee simple estate of such lands, and the purchaser or purchasers thereof, his or their heirs or assigns, shall forever hold and enjoy the same, freed and discharged from all claims of the said Nottoway Indians, and their posterity; any thing in the said recited acts, to the contrary hereof, in any wise, notwithstanding. | |
| II. And be it further enacted, by the authority aforesaid, That a part of the lands, not exceeding one half, and not in the actual occupation of the said Indians, on the south side of the said river Nottoway, be, and the same is hereby vested in the said trustees, upon trust, nevertheless, that the said trustees, or any two of them, shall and may, and they are hereby impowered, by good and sufficient deed, or deeds, duly proved and recorded, to demise or lease the said lands for twenty one years, so that the quantity leased shall not exceed three hundred acres, in any one lease, to such person, or persons, and for such rent, or rents, as they, the said trustees, or any two of them, shall judge reasonable. | And to lease certain lands on the south side of Nottoway river. |
| Provided always, That a fishing place be reserved and set apart for the said Indians, as they, the said trustees shall think proper. And the lessees, of such lands respectively, their respective heirs and assigns, shall, within five years from the date of their leases, build and compleatly finish a dwelling house twelve by sixteen feet, the frame to be sawed, covered with featheredge plank and shingled with good pine or cypress shingles, and shall moreover plant, inclose with good fences, and cultivate fifty apple trees on the lands so respectively leased to them. And such lessees, their heirs or assigns, shall not, during the continuance of their respective terms in the said lands, cut down more then one half of the timber thereon. And the said trustees shall cause a clause, or clauses, to be inserted in the respective deeds of lease, to enforce such building and improvements, and to restrain the tenants from cutting timber as aforesaid. And the said trustees, or any two of them, shall and may, and they are hereby authorized and required to commence and prosecute any action, or actions, against any person, or persons, trespassing on, or doing damage to, any lands belonging to the said Indians, that they could or might commence or prosecute if they were seized thereof in fee simple. Provided always, That the damages recovered in any such action, or actions, be applied to the use of the said Indians. | |
| III. And be it further enacted, by the authority aforesaid, That the said trustees shall, annually, in the month of January, account with the court of the said county of Southampton for the rents by them received, and failing so to do, shall be subjected in like manner as the collectors of levies are by the laws of this colony made subject, and liable. And such court, together with the said trustees, or any two of them, shall, from time to time, direct the application of the monies arising from the sales and leases of the said lands as aforesaid, in such manner as they, or the major part of them, shall think most advantageous to the said Indians. Provided also, That the said trustees shall cause public notice to be given, at least thirty days before the sale and leasing, by fixing up advertisements of the time and place of such sale and leasing, at the door of the courthouse of the said county, on a court day, at every church and chapel in the parishes of Nottoway | Trustee to account. |
| and in the Virginia Gazette, which sale and leasing shall be made by public auction; and if any purchase or lease shall be made by any person, or persons, contrary to this act, the same shall be void to all intents and purposes. | ||
| IV. And be it further enacted, by the authority aforesaid, That the said trustees, and the survivors or survivor of them, are hereby impowered and required to examine and settle the accounts and claims exhibited against the said Nottoway nation, or any of the said Indians, and the same being duly proved, to pay and satisfy, out of the money arising by sale or leasing, the part or share of the money due to the Indian, or Indians, against whom such account or claim shall be exhibited and allowed respectively. Provided that no part of such account or claim for spiritous liquors shall be allowed. And when the said accounts shall be fully satisfied and paid, according to the true intent and meaning of this act, the said trustees, or the survivors or survivor of them, shall retain the money, over and above, in their own hands, which shall be by them applied towards furnishing the said Indians with the common necessaries of life, and enabling them to pay their annual tribute, and to no other use or purpose whatsoever. And the said trustees shall be allowed in their accounts five per centum upon the whole money arising from the sale and leasing, for their trouble and expence in the execution of this act. | ||
| CHAP. XXXIX. | ||
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| I. WHEREAS the act, passed in the twelfth year of his late majesty king George the second, intituled An act for the better preservation of the breed of deer, and preventing unlawful hunting, and one other act, passed in the first year of his present majesty, for amending the | Additional penalties for killing deer at unseasonable periods. |
| said act, have been found insufficient to prevent the mischiefs thereby intended to be remedied, many idle people making a practice, in severe frozen weather, and deep snows, to destroy deer, in great numbers, with cogs, so that the whole breed is likely to be destroyed, in the inhabited parts of the colony: For remedy of which, 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 from and after the passing of this act, every person who shall kill any deer, contrary to the tenor of the said acts, shall forfeit and pay the sum of fifty shillings, for every deer so killed; to be recovered, with costs, by petition, where the penalty complained for, at one time, does not exceed five pounds, and by action of debt, or information, where the same shall exceed five pounds, brought in the court of the county where the offence was committed, by any person suing for the same. | |
| II. And for the more effectual discovery of persons offending against this and the before recited acts, Be it further enacted, by the authority aforesaid, That the presiding justice of every court in this colony, at the time the grand jury, for his county, shall be sworn, shall give it in charge to the said grand jury to make enquiry and presentment of all such offenders, and, on conviction, the penalty shall go to the use of the poor of the parish where the offence was committed, towards lessening the said parish levy. | Charge to grand jury. |
| III. And be it further enacted, That every grand jury shall take an oath, at the time they are impannelled, to make due presentment of all and every person within their county, whom they shall know to have been guilty of a breach of this act. | Oath of grand jury. |
| IV. And whereas numbers of disorderly persons, not regarding the laws, now in force, for the preservation of the breed of deer, have, during the late great snows, in many parts of this colony, almost destroyed the breed, by which the inhabitants will not only be deprived of that wholesome and agreeable food, but the trade, in the article of skins, will be greatly diminished, as well as the revenue of the college, unless, for a time, all persons be prohibited from killing of deer, Therefore, be it further enacted, by the authority aforesaid, That from and after the passing of this act, no person shall hunt, shoot, or kill, in any manner, any wild deer, until the first day of August, which shall be in the year of our | No deer to be killed until the first of August, 1776. |
| Lord Christ one thousand seven hundred and seventy six, and every person, so offending, shall be liable to the same penalty, and to be recovered and applied in the same manner as the penalty before inflicted by this act for killing deer out of season. | |
| V. And whereas doubts have arisen whether an action will lie against any person who shall kill a tame deer, the property of another, that shall be found ranging on any cultivated lands, other than those of the owner of the deer, which prevents many persons from attempting to raise tame deer: For settling such doubts, Be it enacted, by the authority aforesaid, That if any person shall shoot, or otherwise kill, any tame deer, having a bell or collar on its neck, every person, so offending, shall be liable to an action of trespass, to the person whose property the same shall be, to be prosecuted in the court of the county where the offence shall be committed. Provided always, That nothing in this act shall be construed to prevent any persons, residing in the frontier counties of this colony, from killing deer for food for themselves and families, as is allowed by the before recited acts of assembly, nor any other persons, residing in the frontier counties of this colony, from killing deer for food for themselves and families, as is allowed by the before recited acts of assembly, nor any other persons, from killing deer in their own inclosed lands, at such time and times as deer in their own inclosed lands, at such time and times as deer are allowed to be killed by the said first recited act. | Exceptions. Penalty for killing tame deer of another. |
| VI. And be it further enacted, by the authority aforesaid, That if any person, or persons, not being a freeholder, shall, on conviction, fail to make present payment of the penalties and forfeitures, by this act inflicted, to the person, or persons, intitled to receive the same, or give security to pay the same, within six months after such conviction, or where the penalty shall be to the parish, at the laying of the next parish levy, where such offence shall be committed, then, or in either case, he or they, so offending, shall, by order of such justice, or the court before whom the conviction shall be made, receive, for every such offence, twenty lashes, on his or their bare back, well laid on; and if any such offenders shall refuse to pay the money on the bonds aforesaid, when the same shall become due, it shall and may be lawful for such justice, or the court of the county where such offender, or offenders, reside, on a motion to them made by the informer, or the churchwardens, as the case may be, to give judgment on the said bonds, and thereon to award execution; provided such offender or | Penalties, how enforced. |
| offenders, and his or their securities, his and their heirs, executors, or administrators, have ten days previous notice, in writing. | ||
| VII. And be it further enacted, by the authority aforesaid, That so much of the said recited acts, as is within the purview of this act, be, and the same is hereby repealed, and made void. | ||
| CHAP. XL. | ||
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| WHEREAS by an act of the general assembly, passed in the tenth year of his present majesty's reign, the treasurer of this colony was impowered, on the governor's warrant, to pay a sum of money not exceeding twelve hundred ponnds, to be applied by the court of directors, in the said act appointed, towards building a hospital for the reception of ideots, and lunatics, and defraying the incidental charges thereof, which sum hath been found insufficient for those purposes: 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 the treasurer of this colony for the time being, shall and may, and he is hereby impowered and required, upon the governor's warrant, to pay to the said court of directors a farther sum, not exceeding eight hundred pounds, to be by them applied towards finishing the said hospital, making inclosures for the patients to walk and take the air in, after their reception, and defraying the other incidental charges. | Further appropriation for lunatic hospital. |
| CHAP. XLI. | ||
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| WHEREAS the act of the general assembly, made in the fifth year of his majesty's reign, intituled An act for encreasing the reward for killing wolves within certain counties, to be paid by the respective counties wherein the services shall be performed, which was continued by another act, made in the seventh year of his said majesty's reign (except as to the counties of Buckingham, Fauquier, and Loudoun) and which was continued and amended by another act, made in the tenth year of his said majesty's reign, will expire on the first day of June, one thousand seven hundred and seventy-three, and it is necessary that the said acts should be further continued, except as to the county of Botetourt, the additional reward of fifty pounds of nett tobacco, to be levied and paid in the same county of Botetourt, being found burthensome to the inhabitants of the said county: 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 the said recited acts, as to so much thereof as relates to the said county of Botetourt, be and the same are hereby repealed, and that the said acts, as to the other counties therein mentioned, shall continue, and be in force, from and after the said first day of June, one thousand seven hundred and seventy-three, for and during the term of three years, and from thence to the end of the next session of assembly. | Act encreasing rewards for killing wolves in certain counties, further continued and amended. | |
| II. And whereas many disorderly persons make a practice of killing deer for the benefit of the skins, leaving the carcase in the woods, which greatly contributes | Penalty for killing deer, and leaving the carcasses in the woods. |
| to encrease the number of wolves: For remedy whereof, Be it enacted, by the authority aforesaid, That from and after the passing of this act, whenever any person, claiming the reward for killing wolves in any county, shall produce the certificate, by law directed, to the court, at the time of laying the county levy, the said court shall and may, and they are hereby directed to enquire and to take such proof and testimony as to them shall seem best, whether the person named in such certificate, and claiming the said reward, hath been guilty of the practice of killing deer, and leaving the carcase as aforesaid; and if it shall so appear to the said court, the claim of every person, so offending, shall be disallowed. | ||
| CHAP. XLII. | ||
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| I. WHEREAS the act of assembly, made in the tenth year of his present majesty's reign, intituled An act for destroying crows and squirrels in certain counties therein mentioned, will expire on the twenty-first day of December next, and the inhabitants of the counties of Albemarle, Amherst, Bedford, Buckingham, Culpeper, Fauquier, Loudoun, Northumberland, Orange, Pittsylvania, and Prince Edward, in the said act mentioned, are desirous that the said act, as to them, should be repealed, and it being necessary and useful to the other counties, therein also mentioned, that the said act should be continued, and the inhabitants of the counties of Botetourt and Princess Anne, being desirous that they may be included in the said act: 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 the said recited act, as to the said counties of Albemarle, Amherst, | Act for destroying crows and squirrels in certain counties, continued. |
| Bedford, Buckingham, Culpeper, Fauquier, Loudoun, Northumberland, Orange, Pittsylvania, and Prince Edward, be and the same is hereby repealed, and that the said act, as to the counties of Augusta, Frederick, and Hampshire, therein also mentioned, shall continue, and be in force, from and after the term of three years, and from thence to the end of the next session of assembly. | |
| II. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, and during the continuance thereof, the said recited act shall extend to and oblige the inhabitants of the counties of Botetourt and Princess Anne to produce the number of crows heads, or squirrels scalps, in the same manner, and under the like penalties, as if the said counties of Botetourt and Princess Anne had been expressly mentioned in the said recited act. | |
| CHAP. XLIII. An act for dividing the county of Frederick into three distinct counties. | |
| I. WHEREAS many inconveniencies attend the inhabitants of the county of Frederick, by reason of the great extent thereof, and the said inhabitants have petitioned this present general assembly that the said county may be divided into three distinct counties: 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 15th day of May next, the said county of Frederick shall be divided into three distinct counties, in the following manner; that is to say, on the north by a line beginning in the line that divides the counties of Frederick and Loudoun, one mile and an half northward of the corner in Williams's gap, that at present divides the parishes of Frederick and Norborne, thence | Frederick county divided, and Berkeley & Dunmore formed. |
| westward, with a line exactly parallel to the line that now divides the said parishes of Frederick and Norborne, till it intersects the line of Hampshire county; thence with the Hampshire line, to the corner dividing the parishes of Frederick and Beckford; thence with the lines dividing the said parishes of Frederick and Beckford, east south east, to the southeastwardly bank of Cedar creek; thence binding on the same to its confluence with the river Shannandoah; thence across the said river east, to the easterly bank of the same; thence down the said river, and binding on the same, to the mouth of Passage creek; and thence with a right line to the line of Culpeper, at the intersection of the road leading through Chester's gap; thence with the Culpeper, Fauquier, and Loudoun lines, to the beginning; and all that part of the county, within the said boundaries, shall be one distinct county, and retain the name of Frederick; and all that part of the county which lies between the first mentioned line, running from the said beginning, in the line of Loudoun county, and Potowmack river, shall be one other distinct county, and be known by the name of Berkeley; and all the remainder of the said county shall be one other distinct county, and be known by the name of Dunmore.* | Boundaries. |
| II. And for the due administration of justice in the said counties of Berkeley and Dunmore, after the same shall take place. Be it further enacted, by the authority aforesaid, That after the said fifteenth day of May next, a court for the said county of Berkeley shall be constantly held by the justices thereof, on the third Tuesday in every month; and for the said county of Dunmore on the fourth Tuesday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the county of Frederick, as the same now stands intire and undivided, from collecting and making distress for any public dues, or officers fees, which shall remain unpaid by the inhabitants of the said counties of Berkeley and Dunmore, at the time of their taking place, but such sheriff or collector shall have the same power to collect and distrain for the said dues and fees, and shall be answerable for them in the same manner as if this act had never been | Court days. |
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| * By act of October 1777, chap. 18, the name of Dunmore was changed to Shanando. |
| made; any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| III. And be it further enacted, by the authority aforesaid, That the court of the said county of Frederick shall have jurisdiction of all actions and suits, both in law and equity, which shall be depending before them at the time the said division shall take place, and shall and may try and determine all such actions and suits, and issue process, and award execution, against the body or estate of the defendant, or defendants, in any such action or suit, in the same manner as if this act had never been made; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | |
| IV. And whereas by an act of the general assembly, made in the first year of his present majesty's reign, intituled An act to continue and amend an act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, the inhabitants of the said county of Frederick, as the same stands intire and undivided, are allowed to discharge all secretary's, clerks, and other officers fees, in the said county, at the rate of eight shillings and four pence for every hundred weight of gross tobacco, and it is reasonable that the same liberty should be granted to the inhabitants of the said counties of Berkeley and Dunmore: Be it therefore enacted, by the authority aforesaid, That from and after the said fifteenth day of May next, the inhabitants of the said counties of Berkeley and Dunmore, respectively, shall discharge all fees due from them to the secretary, clerks, and other officers, in the said counties, at the rate of eight shillings and four pence for every hundred weight of gross tobacco. | Tobacco fees in counties of Frederick, Berkeley & Dunmore how payable. |
| V. And be it further enacted, by the authority aforesaid, That the several parishes of Frederick, Norborne, and Beckford, shall be and they are hereby bounded by the lines dividing the aforesaid counties of Frederick, Berkeley, and Dunmore. And if the alteration of the lines of the said parishes, hereby occasioned, shall exclude any vestryman of the parish of which he is now a member, it shall and may be lawful for the remaining vestrymen of such parish, or a majority of them, within one month after the passing thereof, [hereof,] to elect a new member in the room of the member so excluded, who shall, to all intents and purposes, be reputed and held a member of the said vestry. | Boundaries of parishes of Frederick, Berkeley and Dunmore. |
| CHAP. XLIV. An act for dividing the county of Botetourt into two distinct counties. | |
| I. WHEREAS it is represented to this present general assembly, by the inhabitants and settlers on the waters of Holston and New River, in the county of Botetourt, that they labour under great inconveniencies, by reason of the extent of the said county, and their remote situation from the courthouse: 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 first day of December next, the said counties, that is to say, all that part of the said county, within a line, to run up the east side of New River to the mouth of Culbertson's creek, thence a direct line to the Catawba road, where it crosses the dividing ridge, between the north fork of Roanoke and the waters of New River, thence with the top of the ridge to the bent where it turns eastwardly, thence a south course, crossing Little River, to the top of the Blue Ridge of mountains, shall be established as one distinct county, and called and known by the name of Fincastle;* and all that other part thereof, which lies to the east and north east of the said line, shall be one other distinct county, and retain the name of Botetourt. | Botetourt county divided, and Fincastle formed. Boundaries. |
| II. And for the due administration of justice in the said county of Fincastle, after the same shall take place, Be it further enacted, by the authority aforesaid, That, after the said first day of December, a court, for the said county of Fincastle, shall be constantly held by the justices thereof upon the first Tuesday in every month, in such manner as is by the laws of this colony provided, and shall be by their commissions directed. Provided always, That nothing herein contained shall be construed to hinder contained shall be construed to hinder the sheriff or collector of the said county of Botetourt, as the same now stands entire | Court days. |
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| * By act of October, 1776, chap. 44, the county of Fincastle was divided into Kentucky, Washington, and Montgomery and the name of Fincastle became extinct. |
| and undivided, from collecting and making distress for any public dues or officers fees which shall remain unpaid by the inhabitants of the said county of Fincastle at the time of its taking place; but such sheriff, or collector, shall have the same power to collect or distrain for the said dues and fees, and shall be answerable for them in the same manner as if this act had never been made; any law, custom, or usage, to the contrary thereof, notwithstanding. | ||
| III. And be it further enacted, by the authority aforesaid, That the court of the said county of Botetourt shall have jurisdiction of all actions and suits, both in law and equity, which shall be depending before them at the time the said division shall take place, and shall and may try and determine all such articles and suits, and issue process, and award execution, against the body and estate of the defendant, or defendants, in any such action or suit, in the same manner as if this act had never been made; any law, usage, or custom, to the contrary thereof, notwithstanding. | ||
| CHAP. XLV. | ||
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| WHEREAS the present situation of the counties of King George and Stafford is found to be very inconvenient to the inhabitants of those counties, in respect to their necessary attendance at their respective county courts, and general musters, and they have petitioned this present general assembly that persons may be appointed to lay off a more convenient boundary line between them: 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 Fielding Lewis, George Taylor, William Woodford, John Buckner, Richard Brooke, James Taylor, junior, and Seth Thornton, gentlemen, shall and may, | Commissioners to appointed to strike a dividing line between the counties of Stafford & King George. |
| and they are hereby authorized and required to enquire into the inconveniencies and disadvantages of the boundaries of the said counties, as the same are now by law established; and, as soon as the same can be conveniently done, shall mark out a line from Rappahannock to Potwmack river, as a dividing line between the said counties, and settle the limits of those counties in such manner as shall appear to them, or the major part of them, to be most convenient to the respective inhabitants. And after the said trustees, or the major part of them, have settled the said boundaries as aforesaid, they are hereby directed and required to make a report of their proceedings to the next session of assembly. | |
| CHAP. XLVI. An act for adding part of the county of Nansemond to the county of Isle of Wight. | |
| WHEREAS all that part of the parish of Suffolk, and county of Nansemond, called Rascow's neck, is very inconvenient for the inhabitants thereof to get to the public places in the said parish of Suffolk, and county of Nansemond, and would be more convenient to the parish of Newport, and county of Isle of Wight: 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, all that part of the said parish of Suffolk, and county of Nansemond, from the line dividing the said county of Nansemond from the county of Isle of Wight, on Chuckatuck bay, and down the said bay to the mouth of Chuckatuck creek, up the said creek to the mouth of Brewer's creek, up the said creek to the mouth of Brewer's creek, up the last mentioned creek to the county line, and along the county line to Chuckatuck bay, shall be added to the parish of Newport, and county of Isle of Wight: Provided always, That nothing herein contained shall be construed to hinder the sheriff, or collector, of the said parish of Suffolk, and county of Nansemond, from collecting or making distress for the parish, county, and public levies, | Part of the county of Nansemond added to Isle of Wight. |
| which remain due and unpaid by the inhabitants of that part of the said parish of Suffolk, and county of Nansemond called Rascow's neck, but such sheriff, or collector, shall have the same power to collect and distrain for the said levies, and shall be answerable for them, in the same manner as if this act had never been made; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XLVII. | ||
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| I. WHEREAS the parish of Southam, in the county of Cumberland, by reason of the great extend thereof, is very inconvenient to the inhabitants, who have petitioned this present general assembly that the same may be divided: 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 first day of June next, the said parish of Southam shall be divided into two distinct parishes. | Parish of Southam in Cumberland divided, and Littleton formed. | |
| II. But inasmuch as a proper dividing line cannot be now ascertained, Be it further enacted, by the authority aforesaid, That George Carrington, Thomas Turpin, Alexander Trent, and William Fleming, gentlemen, be and they are hereby appointed commissioners to run the dividing line between the said parishes; and that they, or any three of them, do, before the said first day of June, run the same, beginning at the mouth of Muddy creek, on James river, and running from thence a straight line to Appamattox river, so as to include an equal number of tithables, as near as may be, in each parish; and that all that part of the present parish of Southam, which lies above the said boundary, shall be one distinct parish, and be known by the name of Littleton, | Boundaries. |
| and all the remainders [remainder] of the present parish of Southam, shall be one other distinct parish, and retain the name of Southam. | |
| III. And whereas the parish of Dale, in the county of Chesterfield, by reason of its large extend, is inconvanient to the inhabitants thereof, who have petitioned this present general assembly that the same may be divided: Be it therefore enacted, by the authority aforesaid, That from and after the first day of June next, the said parish of Dale shall be divided into two distinct parishes, in the following manner, that is to say, from the mouth of Falling creek up the said creek to the bridge by col. Archibald Cary's, thence along the road, over Swift creek bridge, by Chesterfield courthouse, to the fork of the road which leads from Bevil's bridge to Pokohontas, and from the said fork of the road a straight course to the mouth of Winterpock creek, at its confluence with Appamattox river; and all that part to the present parish of Dale, which lies above the said boundary, shall be one distinct parish, and be known by the name of Manchester, and all the remainder of the present parish of Dale shall be one other distinct parish, and retain the name of Dale. | Parish of Dale in Chesterfield divided, and
Manchester formed. Boundaries. |
| IV. And be it further enacted, by the authority aforesaid, That the present vestries of the said parishes of Dale and Southam be and the same are hereby dissolved, and that the freeholders and housekeepers of the said parishes of Southam and Littleton, Dale and Manchester, respectively, shall meet at some convenient time and place, to be appointed and publicly advertised by the sheriffs of the said counties of Cumberland and Chesterfield, respectively, at least one month before the first day of July next following, and then and there elect twelve of the most able and discreet persons, being freeholders, and resident in their respective parishes, to be vestrymen thereof, who, having in the courts of the said counties of Cumberland and Chesterfield, respectively, taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestrymen of the said parishes, respectively. | |
| V. And be it further enacted, by the authority aforesaid, That no person, or persons, who shall offer himself |
| as a candidate to serve as a vestrymen for either of the said parishes, shall be himself, or themselves, or by any other ways or means, on his or their behalf, or at his or their charge, before his or their election to serve as a vestryman for the said parishes, directly, or indirectly, give, present, or allow to any person, or persons, having a voice or vote in such election, any money, meat, drink, entertainment, or provision, or make any present, gift, reward, or entertainment, or shall make any promise, agreement, obligation, or engagement, to give or allow any money, meat, drink provision, resent reward, or entertainment, except in his own house, in the ordinary course of hospitality, to or for any such person, or persons in particular, or to the said parishes in general, or to or for the use, advantage, benefit, emolument, profit, or preferment of any such person, or persons, or parishes, in order to be elected, or for being elected to serve as a vestryman for the said parishes; an dif any person, or persons, shall transgress, in either of the instances before mentioned, upon conviction thereof, by bill, plaint, or information, by any person whatever, before any court of record, he or they shall be, and are hereby declared to be, disabled and incapacitated, to all intents and purposes, upon such election, to serve as a vestryman, or vestrymen, for the said parishes, and shall moreover forfeit and pay, for every such offence, the sum of fifty pounds, which penalty shall be to our sovereign lord the king, his heirs, and successors, to and for the use of the parish wherein the offence shall be committed, and the other half to him that will inform and see for the same, to be recovered with costs, by action of debt, or information, in any court of record; and it shall and may be lawful to and for the remaining vestrymen, and they are hereby required and impowered, to make choice of another able and discreet person, residing in the parish where such incapacity shall happen, to supply his room, who shall, in like manner, take the oaths herein before mentioned, repeat and subscribe the test, and subscribe to be conformable to the doctrine and discipline of the church of England. Provided always, That nothing herein contained shall be construed to hinder the collector, or collectors, of the said parishes of Southam and Dale, respectively, as the same now stands entire and undivided, from collecting and making distress for any parish levies, which shall remain unpaid by the | Penalty on vestrymen treating, &c. to be elected. |
| inhabitants of the said parishes of Southam and Dale, at the time the division shall take place, but such collector, or collectors, respectively, shall have the same power to collect and distrain for the said levies, and shall be answerable for them in the same manner as if this act had never been made; any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| VI. And whereas by the division of the present parishes of Southam and Dale, the glebes will lie in those parts of the said parishes which retain the names of Southam and Dale, and are conveniently situated for each, and it is reasonable and just that the other parishes should receive their proportion [proportions] of the value of the said glebes: Be it therefore enacted, by the authority aforesaid, That Thomas Randolph, Samuel Flourney, William Harris, Anthony Martin, and Richard James, gentlemen, be, and they are hereby, appointed commissioners to value the said glebe of the parish of Southam, and the improvements thereon, and that they, or any three of them, being first duly sworn, shall, on or before the first day of October next, value the same, in current money, and return an account thereof, under their hands and seals, to the vestry of the said parish of Southam; and that Richard Bland, Peter Poythress, John Banister, Robert Bolling, and John Tabb, gentlemen, be, and they are hereby, appointed commissioners to value the said glebe of the parish of Dale, and the improvements thereon, and that they, or any three of them, being first duly sworn, shall, on or before the said first day of October next, value the same, in current money, and return an account thereof to the vestry of the said parish of Dale, in the same manner as before is directed. | Glebes of Southam and Dale to be valued, and a proportion paid to parishes of Littleton and Manchester. |
| VII. And the said vestries of Southam and Dale are hereby directed and required to levy on the tithable persons, in their respective parishes, a proportion of such valuations, according to the number of tithable sin the said parishes of Southam and Littleton, and of Dale and Manchester, respectively, at the time the said divisions shall take place, and pay the same to the vestries of the said parishes of Littleton and Manchester, when received, to be by them applied towards purchasing glebes, and erecting buildings thereon, for the use of the ministers of the said parishes of Littleton and Manchester forever: Provided nevertheless, That the |
| said vestries of Southam and Dale shall be at liberty to levy the said valuations, one moiety the year the said parishes of Littleton and Manchester shall take place, and the other moiety thereof the next succeeding year, to be collected and accounted for in the like manner, and under the like regulations, as other parish levies are collected and accounted for. |
| Pages 564-586
| Pages 607-625
|