Pages 626-646 
|  Pages 673-679
|
| Pages 626-646
| Pages 673-679
|
| ANNO REGNI GEORGII III. Regis Magnæ, Britanniæ, Franciæ, et Hiberniæ, tertio. 
| ||||
|
Lord Dunmore, governor. | |||
| CHAP. I. An act for the better securing the public credit of this colony. | ||||
| I. WHEREAS pursuant to an act of assembly, made in the tenth year of the reign of his present majesty, intituled An act for the better support of the contingent charges of government, treasury notes were emitted to the amount of ten thousand pounds, and pursuant to one other act, passed in the eleventh year of his majesty's reign, intituled An act for the relief of the sufferers by the loss of tobacco damaged or burnt in several warehouses, the further sum of thirty thousand pounds | Recital. |
| was emitted in other treasury notes, the greater part whereof yet remain in circulation, all which notes, at the times of their respective emissions, were thought to be effectually guarded against forgeries; but it hath been lately discovered that some ill disposed persons have counterfeited many of the said notes in so ingenious and dangerous a manner that it is difficult to distinguish the forged from the good bills, whereby the credit of both emissions is greatly diminished, and the inhabitants of this colony, as well as others trading with them, are likely to be imposed upon, unless all the said notes are speedily called in and destroyed. And whereas, from the want of gold and silver in the public treasury, there are no means left to remedy the great and manifest mischiefs which are to be apprehended, but either by borrowing a sufficient sum in specie, or emitting other treasury notes better guarded against forgeries, which, from certain samples of paper produced to this general assembly, it is judged may be effected: 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 Robert Carter Nicholas, esquire, treasurer of this colony, or the treasurer for the time being, appointed by or pursuant to act of assembly, shall be and is hereby impowered and required to borrow of such person or persons as may be willing to lend the same any sum or sums of money not exceeding thirty six thousand eight hundred and thirty four pounds, at the interest of five per centum per annum, to be by him applied in the first place, for and towards the redemption of all such treasury notes of the emission, pursuant to the first mentioned act, as shall be produced to him, and when that shall be done, then for and towards the redemption of all such treasury notes, emitted under the second act, as shall be produced to him. And if the said treasury shall not be able to borrow the whole or any part of the said thirty six thousand eight hundred and thirty four pounds within one month after passing this act, the said treasurer, or the treasurer for the time being, shall and he is hereby impowered and required to issue promissory notes in his own name, but as treasurer of this colony, for any sum or sums that may be requisite to make up the deficiency of such sums as he shall not be able to borrow, to be by him exchanged for notes of the emission, pursuant to the said second act, which | Treasurer authorized to borrow money for redemption of notes.
Or may issue new notes. |
| notes, so to be issued, shall be written on the paper, of which a sample is now produced, signed by the said treasurer, countersigned by Peyton Randolph and John Blair, esquires, and numbered by James Hubard and Peter Pelham, gentlemen, and shall be made payable on or before the tenth day of December, one thousand seven hundred and seventy five. And the said treasurer shall moreover cause such device or devices to be impressed upon the back so the said notes as he shall judge most likely to secure the same against counterfeits and forgeries. | How signed and countersigned. |
| II. And be it further enacted, by the authority aforesaid, That the said promissory notes, so to be issued, shall pass current throughout this colony, in all payments, to such persons as may be willing to receive the same, and shall be redeemed by the treasurer, or the treasurer for the time being, appointed as aforesaid, on the first day of June, one thousand seven hundred and seventy four, in the first place, by applying so much of the money as shall then have come to his hands from the duties and taxes imposed by the said recited acts; and if the said duties and taxes, to be received before the said day, shall not be sufficient for that purpose, the said treasurer shall and he is hereby impowered and required either to borrow so much money in specie at the annual interest before mentioned as will make up the deficiency, or, in case he should not be able to borrow the whole or any part of the sum necessary for that purpose by the time appointed, the said treasurer shall and he is hereby impowered to issue other treasurer shall and he is hereby impowered to issue other treasury notes, to redeem such of the notes, to be issued by virtue of this act, as then remain in circulation, which last notes, to be issued as the case may require, shall be imprinted on the most proper paper that can in the mean time be procured by him from Great Britain, in such manner as he shall judge most likely to secure the said notes from counterfeits and forgeries, and the same shall be signed by Peyton Randolph and John Blair, esquires, numbered by Jams Hubard and Peter Pelham, gentlemen, and endorsed by the treasurer for the time being to such person or persons as shall be willing to receive the same in lieu of the other notes, for which they are intended to be exchanged, and the said last mentioned notes, when issued, shall be current in like manner as the notes first directed to be issued. | Currency of treasury notes. Notes for redemption of others, how executed. |
| III. And be it further enacted, by the authority aforesaid, That all the duties and taxes imposed by virtue of the said two recited acts for the redemption of the treasury notes, issued in pursuance thereof, except such as have been already applied to that purpose, shall be and the same are hereby appropriated and made subject, in the first place, to the payment of the principal and interest of such sum or sums as may be borrowed, and then to the redemption of all such treasury notes, as may be issued pursuant to this act, and to no other use or purpose whatsoever; and, if the said taxes should prove deficient, that the same shall be made good by the public. | Duties and taxes pledged for their redemption. |
| IV. And be it further enacted, by the authority aforesaid, That if any person or persons whatever, shall forge or counterfeit, alter or erase, any note to be issued pursuant to this act, or tender such in payment, or demand a redemption thereof at the treasury, knowing the same to be forged or counterfeited, altered or erased, every such person, being thereof lawfully convicted, shall be adjudged a felon, and suffer death without benefit of clergy. | Felony to counterfeit, or tender counterfeit notes, knowingly. |
| V. And whereas pasting paper on the back of such treasury notes, or clipping the same, may be a means of preventing the detection of forgeries: Be it further enacted, That no person shall be intitled to a redemption of any note, on the back of which any paper or other thing shall be so pasted, or which shall be so clipped; but if any treasury note shall be accidentally torn, or otherwise defaced, the proprietor shall be intitled to receive the amount thereof from the treasurer, upon returning such note to him. | Notes clipped, or with paper pasted on the back, not redeemable, but otherwise, if torn or defaced. |
| VI. And be it further enacted, That in case of the death of either of the persons hereby appointed to countersign or number the said notes before the same shall all be signed and numbered, it shall and may be lawful for the said treasurer to appoint some other person to sign or number the notes, as the case may require, in the room of him so dying, of which public notice shall be given in the Virginia Gazette for three weeks after the same shall take place; and the signing or numbering of the notes by such person so appointed shall be as effectual, to all intents and purposes, as if it had been done by the persons herein named. | Vacancy in signers, &c. how supplied. |
| VII. And be it further enacted, by the authority aforesaid, That the treasurer shall be allowed one per centum |
| upon the amount of all the notes by him to be issued in pursuance of this act for his trouble therein, over and above the cost of the paper to be purchased or imported, and also a commission of one per centum upon the amount of the money to be borrowed and applied to the redemption as aforesaid; that the said John Blair shall receive the sum of twenty pounds, and the persons appointed to number the same [the] sum of thirty pounds, for their trouble therein, to be paid by the treasurer out of the public money in his hands. | Allowance to treasurer, &c. for countersigning and numbering. |
| CHAP. II. An act to prevent counterfeiting the paper money of other colonies. | |
| I. WHEREAS the want of a sufficient quantity of circulating specie, to answer the purposes of commerce, or the exigencies of government, hath induced this, and most others of the British colonies in America, to circulate certain paper notes, as the representative of specie, to pass in payments for limiting periods, when their redemption os provided for, the counterfeiting of which is usually made felony in the respective governments where they are emitted; but it is supposed that sundry evil minded persons have lately established presses in our colony for preparing counterfeits of the paper of others, and by that means such forged paper is thrown into circulation with greater facility and security to the authors thereof; and it being judged reasonable that neighbouring countries, having intercourse in trade, should provide as far as int hem lies against the debasing of their medium of commerce: 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 if any person or persons shall within this colony prepare, engrave, stamp, or print, or cause or procure to be prepared, engraved, stamped, or printed, the counterfeit resemblance of any paper money which now is, or hereafter may be, circulated in payments by legislative authority, in any British colony | Recital. Felony to counterfeit the paper money of other British colonies, or tender it knowing it to be counterfeit. |
| or plantation in America, with intention that such counterfeit paper shall be passed in payments, whether the same be so passed or not, or if any person or persons shall in this colony pay, or tender in payment, any such counterfeit money, knowing the same to be forged or counterfeited, altered or erased, every such person, being lawfully convicted, shall be adjudged a felon, and shall suffer death without benefit of clergy. | ||
| II. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force from and after the passing thereof, for and during the term of five years, and no longer. | ||
| CHAP. III. | ||
| ||
| I. WHEREAS by an act of assembly, made in the twelfth year of his present majesty's reign, intituled An act for erecting a Lighthouse on Cape Henry, it is enacted, that the directors or managers therein named, or any seven of them, as soon as the assembly of the province of Maryland shall pass an act of the same import with the above recited act, shall have power and authority, in conjunction with such person or persons as by the said assembly of Maryland shall be appointed for the purpose aforesaid, to contract and agree with any person or persons for building and finishing such lighthouse: And whereas it will greatly expedite the building and finishing the said lighthouse if the said directors or managers are impowered to purchase materials for that purpose, 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 directors or managers in the said recited act named, or any seven of them, shall have power, and they are hereby required as soon as conveniently may be to purchase such materials as they shall think necessary for building the said lighthouse, and to | Recital. Directions to purchase materials for the light house, and put them in place. |
| cause such materials to be conveyed to the place where the said lighthouse is intended to be erected, the costs and expences of which being certified by the said directors or managers to the governor or commander in chief of this dominion, and a warrant thereupon obtained from him to the treasurer of this colony for the time being, the said treasurer is hereby authorized and required, out of the public money in his hands, to pay the sum or sums so certified to the person or persons to whom the same shall be due, not exceeding the sum of four thousand pounds current money of Virginia. | |
| II. And be it further enacted, by the authority aforesaid, That the said directors or managers shall, without delay, purchase and cause to be placed buoys on such shoals of the bay of Chesapeak as may be necessary, the expences whereof to be paid by warrant from the governor or commander in chief as aforesaid. | Buoys to be placed in Chesapeak bay. |
| III. And be it further enacted, That as soon as this colony shall be reimbursed the sum of six thousand pounds, directed to be paid for building the said lighthouse and fixing buoys, the treasurer shall give notice thereof to the several naval officers in this colony, and the duty of four pence on ships and vessels coming into this colony shall thereafter cease. | Duty of 4d. after 6,000l. reimbursed, to cease. |
| IV. And be it further enacted, That as soon as the said lighthouse shall be erected, and the keeper thereof shall have made sufficient lights, according to the directions of the said recited act, the directors or managers shall give notice to the several naval officers in this colony, who shall then begin to collect and receive the duty of one penny half penny per ton, by the said act imposed, for the support of the said lighthouse. | Directors, after the light house finished and lights made, to give notice to naval officers to collect the one penny half penny per ton duty. |
| V. And whereas some of the directors or managers appointed by the said act are dead, Be it further enacted, That the surviving persons in the said act named, together with the honourable John Page, esquire, Wilson Miles Cary, Henry King, Worlich Westwood, and Anthony Lawson, esquires, shall be and they are hereby appointed directors or managers for the carrying into execution the said recited act, and they, or any seven of them, shall have the same power and authority as if they had been therein particularly named. | Other directors added. |
| CHAP. IV. | ||
| ||
| I. WHEREAS it is represented to this present general assembly that a new inspection of tobacco should be established in the town of Manchester, in the county of Chesterfield: 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 October next a new inspection shall be established on the lots of Archibald Cary, esquire, in the town of Manchester aforesaid; and it shall and may be lawful for the court of the county of Chesterfield to order and direct the said Archibald Cary to erect, build, and compleatly finish, on or before the said first day of October, such strong, close, and substantial houses as shall be sufficient to contain at least twelve hundred hogsheads of tobacco, and to secure the same in such manner as, by the laws now in force, other public inspections are directed to be secured; and the said court shall take bond, payable to his majesty, his heirs and successors, for the faithful building such houses; and that the salaries of the inspectors at the said warehouse shall be sixty pounds each. | New warehouse established on lots of Archibald Cary, in town Manchester. | |
| II. And be it further enacted, by the authority aforesaid, That the receipts of the inspectors, at the said warehouse of Manchester, shall pass in payments of quitrents, levies, and officers fees, in those counties where the notes of the Rocky Ridge warehouse now pass. |
| CHAP. V. | ||
| ||
| WHEREAS by an act of assembly, made in the twelfth year of his present majesty's reign, for dividing the parish of Dale, in the county of Chesterfield, into two distinct parishes, the division between the said parish of Dale and the new parish, known by the name of Manchester, is very unequal, and greatly to the prejudice of the inhabitants of the said parish of Dale: 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 of this act the division aforesaid between the said parishes of Dale and Manchester be altered, and shall be as follows: Beginning at the ferry at Warwick, on James river, thence up the road to Newby's bridge, on Swift creek, and running thence a straight line to Winterpock creek, on Appamattox river. | Boundaries of parishes of Dale and Manchester altered. | |
| CHAP. VI. | ||
| ||
| I. WHEREAS it hath been represented to this present general assembly, by the inhabitants of the town of Richmond, in the county of Henrico, that only three of the trustees appointed by act of assembly for the said town are now living, that the legality of the election of the other trustees hath been questioned, and that it is necessary to establish and enlarge the power of the trustees to the said town: Be it enacted, by the Governor, | Power of trustees of town of Richmond enlarged. |
| 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 honourable William Byrd, esquire, Richard Randolph, Samuel Du Val, Richard Adams, Robert Brown, George Donald, Turner Southall, Patrick Coutts, Archibald Bryce, William Randolph, and James Buchanan, gentlemen, be and they and eery of them are hereby constituted directors and trustees for building, carrying on, and maintaining said town; and they, or any six of them, shall have power to meet as often as they shall think necessary for appointing a public quay, and such places upon the river for public landings as they shall think most convenient, and if the same shall be necessary, shall direct the making of wharfs and cranes at such public landings for the public use. | May establish quays, public landings, wharves, &c.
|
| II. And be it further enacted, by the authority aforesaid, That the said directors shall have full power and authority to establish such rules and orders for the more regular placing the said houses as to them shall seem fit from time to time; and if the inhabitants of the said town shall fail to obey and pursue the rules and orders of the said directors in repairing and amending the streets, landings, and wharfs, they shall be liable to the same penalties as are inflicted for not repairing the highways in this colony. | May establish rules for placing houses. |
| III. And for continuing the succession of the said trustees and directors, Be it further enacted, by the authority aforesaid, That in case of the death of any of the said directors, or their removal, or refusal to act, the surviving or other directors, or the major part of them, shall assemble, and are hereby impowered, from time to time, by instrument in writing, under their respective hands and seals, to nominate some other person or persons, being a freeholder of the said town, in the place of him or them so dying, removing, or refusing, which new director or directors, so nominated and appointed, shall, from thenceforth, have the like power and authority in all things relating to the matters herein contained, as if he or they had been expressly named and appointed in and by this act; and every such instrument and nomination shall, from time to time, be entered and registered in the books of the said directors. | Succession of trustees, how perpetuated. |
| IV. And be it further enacted, by the authority aforesaid, That it shall not be lawful for any person whatsoever | Wooden chimnies not to be built in Richmond. |
| to erect or build, or cause to be erected or built, in the said town, any wooden chimney; and if any person shall presume to erect or build any wooden chimney, contrary to the directions of this act, it shall and may be lawful for the sheriff of the said county, and he is hereby required to cause such chimney to be pulled down and demolished. | |
| V. And whereas it is represented to this assembly that great numbers of hogs and goats are raised and suffered to go at large in the said town of Richmond, to the great prejudice of the inhabitants thereof: Be it further enacted, by the authority aforesaid, That from and after the twentieth day of January next, it shall not be lawful for any person or persons inhabiting within the said town, to raise or keep any swine or goats within the limits thereof, and suffer the same to go at large therein; and if any swine or goats so raised or kept shall be found going or running at large for any person to kill and destroy the same. Provided always, that such person shall not convert any such swine or goat to his or her own use, but shall leave the same in the place where it shall be killed, and give immediate notice to the owner thereof, if known, and if not, then such person shall immediately inform the next justice of the peace thereof, who may order the same to the use of any poor person or persons, he shall think fit. | Nor hogs nor goats suffered to run at large therein. |
| VI. And whereas so much of the act of assembly, made in the fifteenth year of the reign of his late majesty king George the second, intituled An act for establishing the town of Richmond, in the county of Henrico, and allowing fairs to be kept therein, as relates to holding fairs, is long since expired, and the same, if revived, may be a means of increasing the trade of the said town: Be it therefore further enacted, by the authority aforesaid, That so much of the said recited act as relates to the holding fairs in the said town of Richmond, shall be and is hereby revived, and shall continue and be in force, from and after the passing of this act, for and during the term of seven years, and from thence to the end of the next session of assembly. | Act allowing fairs, &c. continued. |
| CHAP. VII. An act for altering the court day of the county of Loudoun. | |
| WHEREAS it hath been represented to this present general assembly, that the day appointed for holding court in the county of Loudoun is inconvenient to the justices and others who are obliged to attend the said court: 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 last day of April next, the court of the said county of Loudoun shall be held upon the second Monday in every month; any law, custom, or usage, to the contrary, in any wise, notwithstanding. | Court day of Loudoun county altered. |
| CHAP. VIII. An act for appointing two now [new] ferries, and discontinuing a former ferry. | |
| I. WHEREAS it is represented to this present general assembly, that public ferries at the places herein after mentioned will be very convenient: 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 a public ferry be constantly kept across the western branch of Corotoman river, in the county of Lancaster, from the land of Gawin Lawry to the land of John Davis; and that the rates for passing the same shall be as followeth, that is to say, for a man four pence, and for a horse the same; and that a public ferry be also kept across Dan river, in the county of Halifax, from the land of James Irvin to the land of Thomas Davenport; the rates for passing which shall be as followeth, that is to say, for a man three pence, and for a horse the same; and for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the ferries aforesaid, the ferrykeepers may demand | New ferries established, and others discontinued. |
| and take the following rates, that is to say, for every coach, chariot, or waggon, and the driver thereof, the same as for six horses, for every cart or four wheel chaise, the same as for four horses, for every two wheeled chaise or chair the same as for two horses, for every hogshead of tobacco the same as for one horse, for every head of neat cattle as for one horse, for every sheep, goat, or lamb, one fifth part of the ferriage for one horse, and for every hog one fourth part of the ferriage for one horse, according to the prices herein before settled at such ferry respectively, and no more. And if the ferrykeeper shall presume to demand or receive from any person or persons whatsoever, any greater rates than is hereby allowed for the carriage or ferriage of any thing whatsoever, he or she, for such offence, shall forfeit and pay to the party grieved the ferriage so demanded or received, and ten shillings, to be recovered with costs before any justice of the peace within the county. | |
| II. And be it further enacted, by the authority aforesaid, That the county courts of Lancaster and Halifax, shall, and they are hereby required and impowered to order and direct what boat or boats, and what number of hands shall be kept at the said ferries respectively, and the ferrykeepers thereof shall enter into bond in the manner directed by one act of assembly made in the twenty second year of his late majesty's reign, intituled An act for the settlement and regulation of ferries, and for the despatch of public expresses, and shall be liable to the penalties thereby inflicted for any neglect or omission of his or her duty. | |
| III. And be it further enacted, by the authority aforesaid, That so much of an act of assembly, passed in the twenty second year of the reign of his late majesty, as establishes a ferry from the lower side of Parrot's creek, on Rappahannock river, to Teague's creek, on the land of Baldwin Matthews Smith, and from that creek to the lower side of Parrot's creek, be repealed, and the same is hereby accordingly repealed. |
| CHAP. IX. | ||
| ||
| I. WHEREAS it is represented to this present general assembly, by sundry inhabitants of the counties of Nansemond, Southampton, and Isle of Wight, that it would be a great ease and convenience, as well to themselves as to the persons trading from the province of North Carolina to this colony, if a bridge were erected from the land of Samuel Brown, of the county of Southampton, gentleman, over Nottoway river, and that such a bridge might be built by subscription, if proper persons were appointed and legally authorized and impowered to carry the same into execution: 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 Henry Taylor, Lemuel Riddick, Benjamin Baker, Albridgton Jones, Samuel Brown, Nicholas Maget, John Everitt, and Abraham Mitchell, gentlemen, shall be and they are hereby constituted and appointed trustees and directors for putting this act in execution; and it shall and may be lawful to and for the said trustees, or the major part of them, to take and receive of and from all and every person and persons whatsoever all such sums of money as they or any of them shall be willing to subscribe and pay towards building the said bridge, on receipt whereof the said trustees and directors shall, and they are hereby impowered and required to lay out and apply the same in and towards building a bridge over the said river, from the land of the said Samuel Brown to the opposite shore, in such manner as the said trustees and directors, or the major part of them, shall think proper and most convenient, and to design, direct, and agree with workmen for building the said bridge, so that the same be not less than twelve feet in breadth, and railed on each side three feet high, with one arch at least twenty feet wide, sufficiently high for the passage of boats and flats. And for the continuing the succession of the said trustees and directors, Be it further enacted, by the authority aforesaid, That it shall and may be | Bridge over Nottoway river, by subscription, from the land of Samuel Brown, in Southampton. |
| lawful to and for the said trustees and directors, or the major part of them, from time to time, and at all times hereafter, during the continuance of the said bridge, upon the death, resignation, or removal of any of the trustees and directors herein before named, to elect and chuse such and so many other person or persons as they shall think fit, not exceeding eight, which person and persons, so elected and chosen as aforesaid, shall be deemed and taken to be trustees for the bridge aforesaid, as fully and amply as if appointed by this act. | |
| II. Provided always, That nothing in this act contained shall extend, or be construed to extend, to impower the justices of the said county of Southampton, or their successors, the justices of the said county for the time being, to tax, levy, or assess any money or tobacco on the inhabitants of the said county of Southampton for the building the said bridge; but that the same shall be built by subscription as aforesaid and by no other ways or means whatsoever. | |
| CHAP. X. An act for appointing trustees for the Gingaskin Indians. | |
| WHEREAS a parcel of land, in the county of Northampton, hath been long appropriated to and for the use of certain Indians of the Gingaskin tribe; but it is represented to this general assembly, that for want of trustees, to take care of and protect the interest of the said Indians, divers encroachments have lately been made on their said lands: 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 Griffin Stith, Michael Christian, Thomas Underhill, Thomas Widgeon, and Peter Warren, gentlemen, or the survivors of them, be and they are hereby constituted trustees for taking care of the interest of the said Indians in their said lands. And the said trustees, or any three of them, shall have full power and authority to commence and maintain any | Trustees of Gingaskin Indians, appointed. |
| action or suit which they shall judge necessary, as well for settling the bounds of the said lands as to obtain reparation for any trespass committed, or to be committed thereon, in the same manner only as if they had the Indian title in themselves. And all damages to be recovered in such suit or suits shall be, by the said trustees, distributed amongst and paid to the said Indians is a fair and equal manner. | Their powers. | |
| CHAP. XI. | ||
| ||
| I. WHEREAS it is represented to this present general assembly, that the house appropriated to the use of the keeper of the public gaol of this colony is too small and inconvenient, and that an additional building ought to be made to the said house: 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 an additional building be made to the said house, to consist of brick walls, and a shingled roof, not exceeding thirty one feet in length, and of the height and width of the old house, to be laid off and erected in such manner as to the commissioners herein after mentioned. or any two or more of them, shall appear most convenient. | Addition to the house of the public jailer. | |
| II. And be it further enacted, by the authority aforesaid, That Robert Carter Nicholas, John Blair, and John Tazewell, esquires, shall be, and they are hereby authorized and impowered to agree for and contract with such person or persons as may be willing to undertake and complete the same. | ||
| III. And be it further enacted, by the authority aforesaid, That the treasurer for the time being shall, upon a warrant from the governor or commander in chief of this colony, pay to the person or persons who shall build the said addition, such sum or sums of money as shall be agreed or contracted for by the said commissioners. |
| CHAP. XII. | ||
| ||
| I. WHEREAS John Smith, formerly of the county of Gloucester, gentleman, was, in his lifetime, and at the time of his death, seised in fee simple of and in certain lands, situate in the parish of Petsworth, in the said county, commonly called Purton, and containing about two thousand acres, and being so seised, he the said John Smith, in and by his last will and testament in writing, bearing date the tenth day of May, one thousand seven hundred and thirty five, did, among other things, give and devise as followeth: I give and bequeath unto Mary Willis, daughter of colonel Francis Willis, twenty slaves, named Tom, Fabius, Hannibal, Sam, Dick, Joe, Beck, Jack, Kate, Groves, Pompey, Scipio, Jack, James, Alexander, Cato, Cæsar, Christian, Diana, and Sarah, and certain tracts of land commonly called or known by the names of Old and New Purtons, the warehouse land and my mill nigh or adjoining thereunto, with all the stocks and corn on the said lands, to her and her heirs forever; but if she dies without heirs, then my will and desire is that the said lands, negroes, &c. to return to my brother Henry Willis, and his heirs or assigns forever, as by the said will remaining of record in the county court of Gloucester may more fully appear, and soon after the said testator died so seized of the said lands: And whereas after his death the aforesaid Mary Willis entered into the said land ans slaves, and was thereof seised, and intermarried with the honourable Lewis Burwell, esquire, since deceased, and died, leaving issue Lewis Burwell, esquire, her eldest son and heir, who is now seised of the said lands and slaves as tenant in fee tail, the aforesaid Henry Willis, to whom the said lands and slaves are limited in remainder, being the cousin of the whole blood to the said Mary the devisee: And whereas the said Lewis Burwell, the younger, is seised in fee simple of and in a tract of land containing about five thousand acres, situate on Bull run, in the county of Prince William, | Intail of certain lands whereof Lewis Burwell, esq. is seized, docked. |
| which was granted by the proprietor of the northern neck of Virginia to the said Lewis Burwell, the elder. And whereas the said Lewis Burwell, the father, in and by his last will and testament in writing, did devise considerable fortunes to his daughters, to be paid in money, and finally chargeable on his said lands in Prince William, great part of which yet remain to be paid by the said Lewis Burwell, the son, for the payment whereof it is necessary he should sell some part of his estate; and although the said intailed lands, from their convenient situation, will at present yield a better price than the other lands before mentioned, yet having been long in cultivation they will not produce such profitable crops, the said lands in the county of Prince William being fresh and rich: And it hath been represented to this general assembly, that it will be of advantage to the said Lewis Burwell and his family, if he is allowed to sell and dispose of the said intailed lands to enable him to pay his sisters fortunes, and to settle part of the fee simple lands, of equal value, in lieu thereof: And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Petsworth, that application would be made to this present general assembly for an act to dock the intail of the said lands in the county of Gloucester, and for settling other lands to the same uses, pursuant to your most excellent majesty, at the humble suit of the said Lewis Burwell, 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 tract of land, in the county of Gloucester, called Old and New Purton, be and the same is hereby vested in the said Lewis Burwell, his heirs and assigns forever, to his and their own use, and that three thousand acres of land, part of the said tract in the county of Prince William, to be laid off by Robert Burwell, esquire, Henry Lee, Francis Peyton, Landon Carter, junior, and Matthew Whiting, esquires, or any three of them, in such manner as to them shall seem convenient and proper, and plainly marked and bounded, together with the said twenty negro slaves and their increase, or such of them as shall be now living, with their future increase annexed thereto, shall be and the same are hereby vested in the said Lewis Burwell, 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 Gloucester, would have descended and come by virtue of the limitations in the will of the said John Smith, if this act had never been made. And the said trustees shall cause their survey of the said lands, hereby settled, to be recorded in the said county court of Prince William, the better to ascertain the bounds thereof. Saving to the king's most excellent majesty, his heirs and successors, and to all and every person and persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the will of the said John Smith, all such right, title, and interest, as they, every, or any of them, could or might claim if this act had never been made. | ||
| II. Provided always, That the execution of this act be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XIII. | ||
| ||
| I. WHEREAS William Tazewell, late of the county of Northampton, gentleman, deceased, was, in his lifetime, seised in fee simple of and in five hundred acres of land in the parish of Hungars and county of Northampton, and being so seised, did, by his last will and testament, bearing date the twenty ninth day of October, in the year of our Lord one thousand seven hundred and fifty one, devised the said land to his son John Tazewell, and the heirs of his body, lawfully begotten; and Sophia Tazewell, widow and relict of the said William Tazewell, having a right under the will of her mother Gertrude Harmanson, deceased, to dispose of other five hundred acres of land adjoining the first mentioned tract, did, by her last will and testament, bearing date the twenty seventh day of October, one thousand | Intail of part of a tract of land whereof John Tazewell is seized, docked. |
| even hundred and fifty three, devise the same to the said John Tazewell, and the heirs of his body, lawfully begotten; as by the said wills remaining of record in the county court of Northampton may more fully appear: And whereas the said John Tazewell, after the death of the said William Tazewell, and Sophia his wife, entered into the tracts of land aforesaid, containing in the whole one thousand acres, and being thereof seised, hath represented to this present general assembly, that it will be of considerable advantage to him, his heir and family, and to the inhabitants and trade of the said county, if a few acres, part of the tract aforesaid, whereon the courthouse of the said county of Northampton now stands, and near the same, were vested in the said John Tazewell in fee simple, in order that the same may be laid off in lots towards the establishment of a town, and slaves, equal in value thereto, annexed to the remainder of the said tract, to descend, pass, and go in the same manner as the land, hereby intended to be docked, would have descended, passed, and gone: May it please your most excellent majesty, at the humble suit of the said John Tazewell, 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 twenty acres of the aforesaid tract or parcel of land, adjoining to and including the courthouse of the said county of Northampton, be laid off by the surveyor of the said county, in lots of half an acre each, which said twenty acres, so to be surveyed and laid off, shall be and are hereby declared to be vested in the said John Tazewell, his heirs and assigns forever; and that the following slaves, to wit, Jacob, Tom, Young Phillis, and Betty, with the future increase of the females, shall be annexed to, descend, pass and go with the residue of the tract of land aforesaid, agreeable to the wills of the said William Tazewell and Sophia his wife. 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 wills aforesaid, all such right, title, and interest, as they or any of them, could or might claim if this act had never been made. |
| II. Provided always, That the execution of this act be, and the same is hereby suspended, until his majesty's approbation thereof shall be obtained. | ||
| CHAP. XIV. | ||
| ||
| I. WHEREAS William Armistead: formerly of the county of Gloucester, esquire, was, in his lifetime, and at the time of his death, seised in fee simple of and in a very valuable estate in lands, lying in the county of Gloucester, and two thousand seven hundred and forty acres, lying in the parish of Christ church, in the county of Middlesex, and was also seised of a tract of land containing about six thousand acres, lying in the parish of Hamilton, in the county of Prince William, and of a tract of land containing about five thousand acres, lying in the parish of Saint Mark, in the county of Culpeper, by him purchased of John Spotswood, esquire; and being so seised, 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 of our lord 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, forever. 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 | Certain intailed lands whereof Bowles Armistead, esq. is seized, vested in trustees, to be sold for payment of the debts of his father William Armistead, esq. |
| slaves thereupon, and likewise all the slaves and stocks in and upon my lands in the counties of Culpeper and Caroline, to him and the heirs of his body, lawfully begotten, forever. Item, I give and bequeath unto my well beloved son Bowles Armistead all that tract or parcel of land in Culpeper county, purchased of Mr. John Spotswood, with all the slaves that remain upon my Gloucester and Middlesex lands, after my son William's part is taken out, which is seventy, to him and the heirs of his body, lawfully begotten, forever; and after other devises to his son Henry Armistead, since deceased, did direct as follows: My will and desire is that my said sons shall not come to the possession of their estates till they have severally arrived at the age of twenty one years, that is to say, when my son William arrives to the age of twenty one years he shall be entitled to his estate, and in like manner shall all my other sons be intitled 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 seised, considerably indebted to sundry persons in Great Britain and this colony, so that when the said sons, William and John, 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 remaining due, which they severally undertook to pay, amounting to about the sum of one thousand seven hundred pounds sterling each, but had no means of discharging the same, by reason of their limited interest in the estates to them respectively devised, restrictive of such sale. And whereas by an act of assembly, passed in the tenth year of his present majesty, intituled An act to vest certain intailed lands, whereof William and John Armistead, gentlemen, are seised, in trustees, to be sold for payment of the debts due from the estate of their father, certain portions of the lands so as aforesaid devised to the said sons William and John respectively, were vested in trustees to be sold towards reimbursing them the money so by them engaged to be paid; and it being equally reasonable and necessary that the said Bowles Armistead, the son, who hath arrived to the age of twenty one years, since the passing of the said act, should be allowed to sell part of his said intailed lands for raising his proportion of the debts aforesaid, and thereby save his slaves to work the residue |
| due of his lands; and notice having been three Sundays successively published in the several churches of the said parish of Saint Mark, in the county of Culpeper, that application would be made to this assembly for an act to be passed to sell two thousand acres, part of the said lands, for the purposes aforesaid, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said Bowles Armistead, that it may be enacted, And be it further 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 tract of land in the county of Culpeper, so purchased by the said William Armistead, the elder, of John Spotswood, esquire, be and the same is hereby vested in Joseph Jones, Walker Taliaferro, Henry Pendleton, Henry Field, and Mann Page, junior, gentlemen 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, to be laid off in such manner as to them shall seem most convenient and proper, as will be sufficient to raise the sum of one thousand seven hundred pounds sterling, besides the expences of sale, for the best price that can be had, and convey the land so sold to the purchaser or purchasers in fee simple, who shall, forever thereafter, hold and enjoy the same, freed and discharged of the limitations in the will of the said William Armistead, the elder, and the trustees shall pay the money so to be raised, after deducting the expences of sale and of this act, in discharge of the said Bowles Armistead and the heirs of his body, and in default of such to the right heirs of the said William Armistead, the father, forever. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other other person and persons, bodies politic and corporate, 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. | |
| II. Provided always, That the execution of this act shall be, and the same is hereby suspended, until his majesty's approbation thereof be obtained. |
| CHAP. XV. | ||
| ||
| I. WHEREAS a certain quantity of tobacco in the public warehouse at Aquia, in the county of Stafford, has been lately damaged by means of an excessive rain, and the waters flowing into the said warehouse, twenty three hogsheads of which said tobacco the public is become chargeable with, the marks and numbers whereof are as follows, to wit, FG number 1099, IH number 1238, TH number 1911, RF number 1638, IPW number 352, WW number 1821, HC number 1699, EK number 1581, IF number 1073, IB number 442, IH number 1391, RF number 1639, IW number 1269, EH number 1968, IW number 1268, RF number 1637, PR number 1016, IF number 1969, SF number 1869, IH umber 1708, RF number 188, IC number 106, EW number 1039, and it being necessary that the same should be sold for the benefit of the public, 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 Thomas Ludwell Lee, John Alexander, Bailey Washington, and William Brent, esquires, shall be and they are hereby constituted and appointed commissioners for selling the said twenty three hogsheads of tobacco. | Commissioners appointed to sell the tobacco damaged in the warehouse at Aquia. | |
| II. And be it further enacted, by the authority aforesaid, That they the said commissioners, or any two or more of them, shall, on or before the fifteenth day of June next, after giving notice in the Virginia Gazette, sell the same for the use of the public to the highest bidder, at the said warehouse, on credit till the fifteenth day of December following, and shall take bond, with sufficient security, payable to the treasurer of this colony for the time being, and shall transmit the same to the said treasurer within one month after such sale. And if any such buyer shall neglect or refuse to pay the money on the bonds aforesaid, when the same shall become due, it shall and may be lawful for the general |
| court or court of the county where such buyer resides, on a motion to them made by the treasurer of this colony for the time being, to give judgment on the said bonds, and thereon to award execution, provided such buyer and his securities, his and their heirs, executors, or administrators, have ten days previous notice, which monies shall be accounted for by the said treasurer to the general assembly. | ||
| II. And be it further enacted, That the treasurer of this colony, out of the public money in his hands, shall pay for the said twenty three hogsheads of tobacco, to the respective proprietors thereof, at the rate of eighteen shillings per hundred weight. | ||
| IV. And whereas tobacco in sundry other hogsheads hath been damaged in the said warehouse, and cut off, amounting in the whole to eighteen thousand two hundred and eighty two pounds, after which the proprietors have shipped the said hogsheads of tobacco, and demand payment from the inspectors for the damaged tobacco only, Be it therefore enacted, by the authority aforesaid, That the said treasurer, out of the public money in his hands, shall pay to the said inspectors the amount of the said eighteen thousand two hundred and eighty two pounds of tobacco, at the rate of eighteen shillings per hundred weight, to enable them to pay the said damage to the respective proprietors. | ||
| CHAP. XVI. | ||
| ||
| WHEREAS by one act of assembly, passed in the third and fourth years of the reign of his 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 thereafter held, and upon examination of the treasurer's accounts it should appear that | Burgesses wages payable in money. |
| 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 declared. 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, leaving a balance of fifteen hundred pounds, according to the direction 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 poll: 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 burgesses wages and allowances for the present session of assembly shall be paid by the treasurer, out of the public money, so soon as there shall be sufficient in his hands for that purpose, according to the directions and regulations of the said recited act. | |
| END OF EIGHTH VOLUME. |
| Pages 626-646
| Pages 673-679
|