|Pages 51-75||Pages 96-117|
| AT A
|Alex. Spotswood, Esq. Governor.|
An act for raising a Public Levy.
| Signed by ALEX: SPOTSWOOD, ESQ. Governor. |
DANIEL M'CARTY, Speaker.
| AT A
BEGUN AND HOLDEN AT
|Alex: Spotswood, Esq. Governor.|
|[From Beverley's abridgement, pa. 255.]|
|PREAMBLE, That the frontiers towards the high mountains are exposed to danger from the Indians, and the late settlements of the French to the westward of the said mountains.|
|Enacted, Spotsylvania County bounds upon Snow Creek up to the Mill, thence by a south-west line to the river North-Anna, thence up the said river as far as convenient, and thence by a line to be run over the high mountains to the river on the north-west side thereof, so as to include the northern passage thro' the said mountains, thence down the said river until it comes against the head of Rappahanock, thence by a line to the head of Rappahanock river; and down that river to the mouth of Snow Creek; which tract of land from the first of May, 1721, shall become a county, by the name of Spotsylvania County.||Spotsylvania County established.|
|Brunswick county, begins on the south side the river Roanoke, at the place where the line lately run for ascertaining the uncontroverted bounds of this colony towards North Carolina, intersects the said river Roanoke, and to be bounded by the direction of the governour with consent of council, so as to include the southern pass; which land from and after the time that it||Brunswick.|
|shall be laid off and bounded, shall become a county by the name of Brunswick county.|
|That fifteen hundred pounds, current money of Virginia, be paid by the treasurer, to the governour, to these uses, viz.|
|Five hundred pounds for a church, court house, prison, pillory and stocks, where the governour shall appoint them in the county of Spotsylvania, and the governour to imploy workmen, provide materials, &c.||Public buildings.|
|One thousand pounds, to be distributed in arms and ammunition, among such persons as shall hereafter go to seat the said counties, that is, to each christian titheable, one firelock, musket, one socket, bayonet fitted thereto, one cartouch box, eight pounds bullet, two pounds powder, until the whole one thousand pounds be laid out. The account whereof is to be desired to be laid before the general assembly.||Arms, &c.|
|Those arms are appropriated to the defence of the said counties, and the land as well as personal estate of the parties that take them, is made liable to see them forthcoming in good order.|
|The arms to be stamped with the name of the county, and liable to the seizure of any militia officer, if found within [without] the bounds.|
|That five hundred pounds more be paid by the treasurer to Nathaniel Harrison, esq. Jonathan Allen, Henry Harrison, & William Edwards, gentlemen, or the survivors of them, or in case of their refusal, to such others as the governour shall name, to make up the like number, to be by them laid out for a church, court-house, prison, pillory and stocks, where they shall think fit, in the county of Brunswick, and are required to account to the general assembly.|
|Inhabitants of the said counties are made free of publick levies for ten years, from the first of May, 1721.||Privileges of inhabitants.|
|The whole county of Spotsylvania made one parish, by the name of St. George; and that of Brunswick one, by the name of St. Andrew.|
|Because foreign Protestants may not understand English readily, if any such shall entertain a minister of their own, they and their titheables shall be free for ten years, from the said first of May, 1721.||Foreign Protestants.|
|Until the governour shall settle a court in Spotsylvania, the justices of the several counties of Essex,|
|King and Queen, and King William, take power over them by their warrants, and the clerks of the said courts by their process returnable to their said courts, in the same manner as before the said county was constituted, directing the process always to the sheriff. −− And the court of Prince George county has the same power in Brunswick: but the sheriff of Prince George to have double fees.|
|Court-day of Spotsylvania is the first Tuesday of the month, and Brunswick the first Thursday.||Court-days,|
| CHAP. II.
An act for the better discovery and securing of his Majesty's quit-rents.
|[From Beverley's abr.]|
|EVERY Sheriff at November Court, yearly, is to divide his county into precincts, appoint and publickly certify one place in each precinct, which shall not exceed ten miles in distance from the house of any inhabitant of that precinct, and set the times of his attendance there before the 20th February, annually.|
|To these places the people are to bring their quit-rents, either in current money, or tobacco, at one penny per pound. If the sheriff don't do the people justice by these appointments, the county courts are to direct and order others. And if the people fail, the sheriff makes distress and sale for satisfaction of the quit-rents.||Quit-rents, how collected.|
|Proviso, The people may pay the sheriff or receiver general, in money, at any time or place before the said 20th of February, yearly.|
|Proviso, Where the frontier settlements are too thin, they must carry their tobacco into the next district.|
|The sheriff or collector to be answerable for all quit-rents, if sufficient distress can be had upon the lands liable, & to pay the sweet-scented tobacco in hogsheads of seven hundred nett, and the Aranoka six hundred nett. Pay the money to the receiver general before the 25th of April, and the tobacco after that time upon demand.||When sheriff liable.|
|If the tobacco shall not be demanded before the last of June, the sheriff or collector may make tender thereof,|
|of, in such manner as tenders of tobacco debts are by law to be made.|
|If the sheriff returns that no distress can be had in his county, and that the proprietor lives not in his county, but some other, the officers of the revenue shall certify the same to the sheriff or collector of that other county where such proprietor shall dwell, who shall demand the same with the arrears, and may make distress accordingly.||Where no distress can be had.|
|If the proprietor lives out of the colony, and no distress is to be had, the sheriff or collector is to notify this to his attorney, if any known; if none, then to publish notice at the court house of the county wherein the lands lie, five several county court-days, and the officers of the revenue shall cause notice to the effect aforesaid, by affixing the same at the usual place within the general courthouse, during three general courts. And if after such notice, the quit-rents shall be in arrear and unpaid, such land shall pay double quit-rents for all the time they shall be in arrear and unpaid, which may also be levied by distress.|
|All persons who, after the commencement of this act, shall conceal any part of the land, shall pay double quit-rents for all land so concealed.||Penalty for concealing.|
|For better discover of such persons, the moiety of such double quit-rents is given to the person discovering such concealment. Which may be recovered with costs, by action of debt, bill, plaint, or information, &c.|
|Upon distress, the goods to be kept eight days, unless the person distrained give security to produce the same at the sale, which shall be at the eight days end, unless the quit-rents and charges of distress shall in that time be paid.||Distress, how disposed of.|
|Notice of such distress and sale shall be given on the day of the distress, and affixed at the place of the intended sale, and on the door of the nearest church or chappel to the place of distress, and then upon sale, the officers to pay themselves all arrears, charges, &c.|
|After the commencement of this act, no lands to be forfeited for non-payment of quit-rents, notwithstanding a proviso in the patent, or any other law whatsoever.|
|Proviso, The execution of this act suspended until his Majesty's pleasure be known therein.||Suspending clause.|
|[From edit. 1733, p. 306.]|
|I. WHEREAS, by an act made at a general assembly, begun at the capitol, the twenty-second day of October, in the eleventh year of the reign of our late sovereign lady Queen Anne; and thence continued, by several prorogations, to the fifth day of November in the twelfth year of her said Majesty's reign, It is declared, what shall be accounted a sufficient seating, planting, cultivating, and improving of lands, for the grantees of lands to comply with, the condition of cultivation and improvement mentioned in their grants. And forasmuch, as divers other sorts of cultivation and improvement of lands may be made, equally beneficial with those mentioned in the said act.||(See ch. 3. 1713.)|
|II. Be it therefore enacted, b the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That if the patentee of any land or lands not yet seated and planted, shall clear and fence any quantity of ground for pasturage, for every three acres of such land well cleared and fenced, which shall be kept and sued for a pasture, during the term of three years, such patentee shall save fifty acres of such land.||Pasturage inclosed, may save land from lapsing.|
|III. And be it further enacted, by the authority aforesaid, That if the patentee or proprietor of any lands not yet seated and planted, shall lay out and expend any sum or sums of money or tobacco, in building houses, water-mills, or other works, or in planting of trees and quick-set hedges, or making other improvements on the said lands, not mentioned in the before recited act, every such patentee or proprietor shall, for every ten pounds current money, or the value thereof in tobacco, so laid out and expended, save fifty acres of the said lands from lapsing; and so proportionably, for a greater or lesser sum so expended.||Buildings.|
|IV. And, for preventing any controversy which may hereafter arise touching the value of the buildings, works or other improvements, hereby intended to save lands||How improvements valued.|
|from lapsing and becoming forfeited, Be it enacted, That it shall and may be lawful, to and for the court of the county where the said lands shall lie, upon application made by the patentee or proprietor, or his or her attorney, steward, or overseer, and the said county courts are hereby respectively authorised and required to order and direct the buildings, works, and improvements aforesaid, to be viewed by two or more honest and indifferent men, who shall be sworn truly to value the same, according to the best of their judgment and understanding, having regard to such accounts of the expence thereof, as the said patentee or proprietor, or his or her attorney, steward, or overseer, shall produce and make out to them, by oath, or otherwise: And such valuation so made and returned to the county court, shall be entred upon record, in particular books set apart for that purpose; and shall be adjudged, deemed, and taken, to be sufficient proof of the cultivation and improvement, so as to save so much of the lands from lapsing, as by this act is directed and declared.|
|V: Provided always, That in every such case the several kinds of buildings and improvements shall be specially mentioned, and upon what part of the land the same are erected and made; and that before such valuation of the said buildings and improvements shall be admitted to record, oath shall be made in court, by the proprietor or his or her attorney, steward, or overseer, that none of the said buildings, works, and improvements, have been before valued and recorded, in order to the saving any of the said lands.||Improvements valued on oath.|
|VI. And be it further enacted, by the authority aforesaid, Thst if any person who is now, or hereafter shall be posssessed of any tract of land which ought to be seated, planted, cultivated, & improved, according to the directions of the above recited, or of this act, shall be desirous to take up one or more tracts of land adjoining, & shall include all the said tracts in one patent, such lands so unjoined, shall be accounted as one entire tract; and any improvements which shall thereafter be made, according to the directions of this, or the before-recited act, on any part of the said unjoined tracts, shall be held, deemed, and taken, to extend towards saving of the whole, in proportion to the said several improvements made thereon.||When improvement of part may serve the whole.|
|VII. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to oblige the patentee of any land heretofore granted, to make any further, or other cultivation or improvement thereon, than was required by the laws or instructions in force at the time of obtaining the grant thereof.||Saving as to rights of former patentees.|
|VIII. And be it further enacted, by the authority aforesaid, That all lands which shall hereafter be seated, planted, cultivated, or improved, according to the directions of this act, and within the time in the respective grants thereof, for that purpose mentioned and limited, or before petition shall be preferred, for obtaining a grant thereof, as lapsed, shall not be deemed or taken to be forfeited, for not complying with the condition of cultivation and improving mentioned in the grants thereof; and that the proof of the planting, seating, cultivation, and improvement, in this act mentioned and declared, shall be made and enure to the benefit of the person making the same, in the same manner as in and by the said recited act is directed.||Lands improved, according to law, before petition filed, not to lapse.|
|IX. And be it further enacted, by the authority aforesaid, That when any petition shall be preferred for obtaining a grant of lands lapsed or forfeited, for want of seating or planting, the patentee of such land shall reserve to himself so much of the land so petitioned for, as shall be proved to have been cultivated and improved, according to the directions of this act; and it shall be lawful for the patentee or possessor of such land, to allot the residue of the land which shall be found to be lapsed, to the person petitioning for the same, in any part of the tract in one entire piece: And if the person, against whom such petition shall be exhibited, shall not be resident in this colony, then the summons issued upon such petition shall be served upon the lawful attorney of such non-resident person; but in case no such attorney can be found, then a copy of the summons shall be affixed at the door of the courthouse of the county where the land petitioned for shall lie, on five several court-days, and also in the courthouse at the capitol, at three general courts, and thereafter such proceedings shall be had upon such petition, as if the person against whom the same shall be exhibited, had been personally served with such summons.|| Patentee may reserve the part saved, and allot the residue, as
Proceedings against non-resident patentees.
|An Act for supply of certain defects found in an Act prescribing the method for appointing Sherifs.||[From edit. 1733, p. 308.]|
|I. WHEREAS, by one act of Assembly, made at a general assembly, begun at the capitol, the twenty-third day of October, in the fourth year of the reign of our late sovereign lady queen Anne, intituled, An act prescribing the method of appointing sherifs, & for limitting the time of their continuance in their office, & directing their duty therein, a method is laid down, how sherifs shall be appointed, which is found to be defective, & to want amendment, in regard no provision is made by the said act, what shall or may be done, when persons appointed to be sherifs, refuse to accept the office, or when the county courts neglect or refuse to recommend persons, according to the directions of the said act, or when a person happens to die in the time of his sherifalty; and that by such contingencies, justice hath not only been obstructed, but sundry other mischiefs have accrued.|
See ch, 3, 1705, & ch. 9 1710, vol. 3.
|II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That every person hereafter commissionated to be a sheriff of any county within this colony and dominion, upon a recommendation from the county court, in pursuance of the said act, and thereupon refusing to accept the office of sheriff, and to perform the duty thereof, pursuant to his commission, shall forfeit and pay three thousand pounds of tobacco, of the produce and growth of the said county.||Penalty for refusing the office of sheriff.|
|III. And be it further enacted, by the authority aforesaid, That if any county court shall hereafter neglect or refuse to recommend three persons to be sherifs, according to the directions of the said act, it shall and may be lawful, in such case, for the governor and commander in chief of this colony and dominion, for the time being, and he is hereby desired to appoint and constitute, by his commission, any one person nominated a justice in the commission of the peace for the said county, to be sheriff of the county, as he shall think proper, though such person be not then sworn a justice; and if such person shall hereafter refuse to accept||Court failing to nominate, the governor may commission a sheriff.|
|the sherif's office, and to perform the duty thereof, pursuant to his commission, he shall forfeit and pay three thousand pounds of tobacco, of the produce and growth of the said county.|
|IV. And be it further enacted, by the authority aforesaid, That if any person being one of the three persons recommended by the county court, and appointed sheriff, in pursuance of the said act, shall happen to depart this life in the time of his sherifalty, it shall and may be lawful, in such a case, for the governor or commander in chief of this colony and dominion, for the time being, and he is thereby desired, to appoint and constitute one of the survivors recommended, as aforesaid, to be sheriff in his room. And when any sheriff, appointed upon a neglect or refusal of the county court to recommend three persons, according to the directions of the said act, shall happen to depart this life in the time of his sherifalty, it shall and may be lawful for the governor or commander in chief of this colony and dominion, for the time being, and he is hereby desired, to appoint and constitute, by his commission, any one person nominated a justice in the commission of the peace for the said county, to be sheriff of the county, in the room of the said deceased person, although such new appointed person be not then a justice. And whatsoever person appointed and constituted sheriff, upon the death of ahother sheriff, as aforesaid, shall refuse to accept the office of sheriff, and perform the duty thereof, pursuant to his commission, such person shall forfeit and pay three thousand pounds of tobacco, of the produce and growth of the said county.|| Sheriff dyiug how a successor appointed. |
Penalty for refusing to accept.
|V. And be it further enacted, That whatsoever person shall hereafter, by virtue of this act, be appointed sheriff of any county, by the governor or commander in chief, for the time being, upon the neglect or refusal of any county court to recommend three persons, according to the directions of the said recited act, or upon the death of any sheriff in the time of his sherifalty, such person so appointed by the governor or commander in chief, for the time being, shall not, or may not, by any thing in this act contained, be compelled, or have power to continue in the said office of sheriff, or to execute the same, for any other time, than by the said recited act is directed.||Persons thus appointed, how long to continue.|
|VI. And be it further enacted, by the authority aforesaid, That all the fines and forfeitures mentioned in this act, shall be to our sovereign lord the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and shall and may be recovered, with costs, by action of debt, bill, plaint, or information, in any of the county courts, or in the general court of this colony and dominion, wherein no essoin, protection, or wager of law shall be allowed.||Fines, how appropriated.|
|VII. Provided always, That when any person refusing to execute the office of sheriff, as aforesaid, shall have paid the said forfeiture of three thousand pounds of tobacco, such person shall not afterwards be appointed sheriff of the said county, for which he refused to execute the office of sheriff, 'til such time as every justice named, (a) or to be named, in the commission of the peace for the said county, shall have paid the said forfeiture of three thousand pounds of tobacco, for not accepting the said office.||Wheer the fines have been once paid.|
|VIII. Provided also, That if any person hereafter appointed to execute the office of sheriff in any county of this colony and dominion, shall be willing to execute the same, but cannot get sufficient security for the performance of his duty therein, as by the said act is required, shall make oath in the court of the county for which he shall be appointed sheriff, or if there be no court in the said county, then before the next adjoining county court; that he hath used his best endeavours truly, and bona fide, without covin or collusion, to get security for his performance thereof, and that he cannot obtain such security; which oath the said county courts are hereby impowered and required to administer, that then such person making oath, as aforesaid, shall not incur or be liable to the forfeiture of three thousand pounds of tobacco, in this act mentioned: (b) Nor shall any person whatsoever, which hath actually served as sheriff in any county of this colony and dominion, be liable to any of the forfeitures mentioned in|| Where the party cannot get security. |
Person once appointed, not compellable again to serve,
|Notes to Edition of 1733.|
|(a) Quære the force of these words.|
|(b) This clause can be of no use, being in effect a repetition of what was provided for sufficiently, in the 7th section.|
|this act, for any refusal to take upon him the office of sheriff in the same county, if he be thereto again appointed, unless ever person named in the commission of the peace for the said county, hath actually, after him, served in the office of sheriff for the said county, hath actually, after him, served in the office of sheriff for the said county, or paid the forfeiture given by this act, for refusal; any thing in this act, or any other act contained to the contrary thereof, in any wise, notwithstanding.||till every other justice has served.|
|IX. And be it further enacted, by the authority aforesaid, That this act continue in force three years from and after the publication thereof, and from thence to the end of the next session of assembly, and no longer.|| Limitation of this act.|
(Revived & made perpetual, ch. 14, 1730.)
| CHAP. V.
An Act for the more effectual preventing the tending of Seconds.
|[From edit. 1733, p. 311.]|
|I. WHEREAS, the tending and making of seconds, is greatly prejudicial to the staple of tobacco, and the laws made for preventing thereof, have been evaded, & the penalties therein given against persons who shall be convicted of tending seconds, are found insufficient to restrain persons from such undue practices: For remedying which inconveniences for the future, and more effectual preventing the same,|
|II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the publication of this act, whosoever shall weed, top, hill, succour, house, cure, strip, or pack any seconds, suckers, or slips of tobacco, or cause or suffer the same to be done, on or upon any plantation, shall, for every such offence, forfeit and pay, over and above the penalties laid on such persons who shall tend, or suffer to be tended, any seconds, the further sum of five hundred pounds of tobacco, for every person who was emploied on any such plantation where the said seconds, suckers, or slips shall grow, in that year.||Penalty for tending seconds of tobacco.|
|III. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the master or owner of every plantation (whereon any tobacco shall for the future be tended) shall and do cut up and destroy,||Stalks from which tobacco is cut, to be out up within 20 days.|
|or cause to procure to be cut up and destroied, all stalks, roots, and suckers, from which any plant shall be cut, in every year, within twenty days after the cutting off the said plant or plants; and that every such master or owner, who shall refuse or neglect so to do, shall forfeit and pay the sum of two hundred pounds of tobacco, for every person above the age of seven years, who shall dwell, reside, or work, on any such plantation, in every of the said years, when such offence shall be committed.||Penalty.|
|IV. Provided, That where any person or persons shall intrust his or their plantation or plantations, and the servants and slaves thereon, to the management of an overseer, being a freeman, the owner of such plantation, servants, and slaves, shall not be liable to prosecution for any breaches of this act: But such overseer who shall weed, top, hill, succour, house, cure, strip, or pack any seconds, suckers, or slips of tobacco, or cause or suffer the same to be done, or who shall neglect to cut up and destroy all stalks, roots, and suckers from which any plant shall be cut, in every year, within the said space of twenty days after the cutting off the said plant or plants, shall incur the several penalties by this act inflicted upon the masters or owners of the said plantations, for the several offences aforementioned.||Overseers liable to penalty.|
|V. And be it further enacted, by the authority aforesaid, That one moiety of the several fines or forfeitures in this act before-mentioned, shall be to our sovereign lord the king, his heirs and successors, for & towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will sue or inform for the same: To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record in this his Majesty's colony and dominion, wherein no essoin, protection or wager of law shall be allowed, or any more than one imparlance.|| Penalties appropriated. |
|VI. And be it further enacted, by the authority aforesaid, That this act shall be twice every year publicly read, at the courthouse of each county, by the sheriff, or his deputy; that is to say, on the days for holding the courts, in the months of June and July, respectively, under the penalty of five hundred pounds of tobacco, for every omission or neglect: To be recovered and||This act to be read by sheriffs, at court houses.|
|disposed of, in like manner as the other penalties herein before mentioned.|
An Act giving a Reward for killing of Wolves; and repealing all other Acts relating thereto.
|[From edit. 1733, p. 312.]|
|I. FOR an encouragement to all persons to endeavour the destruction and killing of wolves, which in many parts of this her Majesty's colony and dominion, very much obstruct the raising and increase of cattle, sheep, and hogs,|
|II. Be it enacted, by the Lieut. Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That all and every person and persons, (except Indians not tributary to Virginia,) who shall, after the publication of this act, kill or destroy any wolf, of what age soever, by any way or means whatsoever, shall have and receive the reward of two hundred pounds of tobacco for every wolf so by him or them killed or destroied: And that the said reward shall be first levied on the inhabitants of the county wherein such wolves shall be killed, and repaid by the country at the next public levy.||Reward for killing wolves except foreign Indians, to be paid by county, and repaid by public.|
|III. And be it further enacted, by the authority aforesaid, That the several county courts within this his Majesty's colony and dominion, be impowered, and every of them is hereby impowered, authorized, and required at the laying of the county levy, annually, to allow and order to all and every person and persons claiming or demanding the reward aforesaid, the said sum of tobacco, accruing due to such person or persons, by virtue of this act; and to assess, raise, or levy the same, upon the tithable persons within their respective county, by a poll-tax.||County courts to allow, and levy rewards.|
|IV. Provided always, and it is the true intent and meaning of this act, That whatsoever person or persons shall kill or destroy wolves, for sake of the reward given by this act, shall carry, or cause to be carried, the head of every wolf so killed or destroied, to a justice of the peace of the county where the fact happens to be done; and shall, before him, make due proof by himself,||What proof necessary.|
|or some person present at the killing thereof, how, when, and where, every wolf was killed or destroied; and shall take from the said justice, a certificate thereof to the county court, and shall produce, or cause the same to be produced, when the county levy is laid; otherwise it shall not be lawful for the county court to grant or allow any claim or demand whatsoever, concerning the same.|
|V. And be it further enacted, by the authority aforesaid, That every justice of the peace within this his Majesty's colony and dominion, be impowered, and every of them is hereby impowered and required, within his respective county, to receive the heads of wolves killed or destroied in pursuance of this act; and upon due proof made, to grant and issue certificates to the county court, as aforesaid, how, when, and were such wolves were killed or destroied; concerning which, it shall and my be lawful for every justice to whom application shall be made for certificate, to admit as good and due proof, either the oath or oaths, or solemn affirmation, as the case is, of the person or persons making application; or if such person be under the age of fourteen years; or be not a christian, any other evidence, testimony, or circumstance, in his discretion probably and convincing. And every justice of the peace, before whom proof shall be made, as aforesaid, is hereby required, immediately after granting certificate upon such proof to cause the ears of such wolf or wolves head brought before him, to be cut off in his presence, for preventing any frauds which may be practised in obtaining two certificates for the same service.|| Certificates to be granted by magistrates. |
Ears of wolves' heads to be cut off.
|VI. And be it further enacted, by the authority aforesaid, That the clerk of every county court within this dominion, shall, in entring the allowances made by the said court to persons claiming the reward herein given for destroying wolves, particularly mention the name and surname of every person to whom such allowance shall be made in the county levy, and the name and surname of the justice granting the certificate for obtaining the same; and shall return a true copy of the said levy to the general assembly.||Claims, how certified to general assembly.|
|VII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, and every clause and article thereof made, for such thereof as relates to give a reward for killing of wolves, or any||Repealing clause.|
|other matter or thing, within the purview of this act, is and are hereby repealed and made void, to all intents and purposes, as if the same had never been made.|
|[From edit. 1733, p. 313.]|
|I. WHEREAS, the act made at a general assembly, begun the twenty-second day of October, in the year of our Lord, one thousand seven hundred and twelve, intituled, An Act for appointing Rolling-Houses and Public Landings, and ascertaining the prices of Storage, by reason of the uncertain wording thereof, hath not had the desired effect of bringing all rolling houses as near to the landings as the conveniency of the land would admit: And whereas it may seem, that the county courts are thereby obliged to keep up all rolling-houses then set within a mile of the landing, which is not intended, and cannot yield any reasonable conveniency for taking goods and merchandizes ashore from water carriages: And whereas it is absolutely necessary, for the benefit and conveniency of landing goods and merchandizes from water-carriages, that rolling-houses be also made store-houses for the reception and security of goods and merchandizes taken on shore, until the owners can send for them, and should therefore be set as near as can be to such landings:|
(See ante ch. 5, 1712.)
|II. Be it therefore enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That where any county court shall find the rolling houses in their county, or any of them, at inconvenient distance to answer the benefits intended by this act, they shall have power, and power and authority is hereby granted unto them, to put down the said rolling-houses, and order or grant new ones to be built, convenient to the landings, to answer the benefits intended by this act; in which case, the said county courts shall be invested with all the powers, privileges and authorities of coming at the land, and setting up the said rolling and store-houses, as are granted in the like cases by the before-recited act.|| County courts may discontinue rolling-houses, inconvenient to
landings, and order others to be built. |
Lands, how acquired.
|III. And after any rolling-house shall be, by any county court, declared to be put down or laid aside, no tobacco shall be accounted convenient which shall be thereafter lodged therein, nor any fee demandable for storage therein.||No storage demandable for tobacco lodged in a rolling-house discontinued.|
|IV. And, whereas it is not provided by the said act, that the owners or keepers of such rolling-houses, should keep at or near the said rolling-houses, capable persons, for which themselves would answer, to take in such goods and merchandizes delivered to them, and to give receipts, Be it therefore enacted, by the authority aforesaid, That each owner or keeper of a rolling-houses or store house, shall keep at or near such house, some capable person, who shall always take in such tobacco, goods, and merchandizes, as shall be brought thither, and preserve the same, or be liable to make good the damages which shall happen to the said tobacco, goods, and merchandizes, (as by the said act is directed) on failure in any of the premises.||Owners to keep fit persons to receive tobacco.|
|V. And whereas, by the said cited act, there is a rate set, for storage of grain, but none for salt, and other such like unpacked commodities, Be it also enacted, That the price of storage for salt, and other such like unpacked commodities, be after the same rate as the storage therein set for grain.||Storage for salt.|
|[From edit. 1733, p. 314.]|
|I. WHEREAS a good regulation of ferries, within this his Majesty's colony and dominion of Virginia, hath been found very beneficial and useful, for the dispatch of publick affairs, and for the ease and benefit of travellers, and men in business; but by reason of the increase of settlements, and otherwise, the ferries already appointed by law, are not sufficient to answer the ends aforesaid: For remedy whereof, and for the better transportation of goods and merchandize,|
|II. Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and||New ferries established.|
|it is hereby enacted by the authority of the same, That ferries be constantly kept at the places hereafter named; and that the rates for passing the said ferries, and transportation of the said goods and merchandize, be as follow, that is to say:|
|On Pamunky River,|
| From Robert King's, over the said river, the price for a man, three
pence, and for a horse, three pence.
From Swee_ Hall, over the said river, to the mouth of Tanks Queen Creek, on either side thereof, the price for a man, six pence, and for a horse, six pence.
|Rates of ferriage.|
|On Mattapony River.|
| From Samuel Norment's, over the said river, the price for a man,
three pence, and for a horse, three pence, and for each hogshead of tobacco, six pence.|
From William White's over the said river, the price for a man, three pence, and for a horse, three pence, and for each hogshead of tobacco, six pence.
|On Potowmack river,|
|From colonel Rice Hoe's, to Cedar Point, in Maryland, the price for a man, two shillings, for a horse, two shillings.|
|III. And be it further enacted, by the authority aforesaid, That the licences for keeping the said ferries, shall be obtained after such manner, and the keepers thereof under such regulations, advantages, and restrictions, as are mentioned, prescribed, and comprised, in and by one act of assembly, made in the fourth year of the reign of our late sovereign lady, Queen Anne, intituled, An act for the regulation and settlement of ferries, and for dispatch of public expresses, to be thereby made, granted, and allowed to the ferry-keepers therein mentioned.||Keepers regulated by act 53, 1705.|
|IV. And for the encouragement of all ferry-keepers, within this colony, to provide convenient boats, for the transportation of coaches, carts and waggons, Be it enacted, by the authority aforesaid, That were ferries are already, or hereby established, it shall and may be lawful, to and for the courts of the counties wherein||Boats for transportation of wheel carriages.|
|such ferries are or shall be kept, at any time when they shall find it necessary, for the conveniency of travelers, and transportation of goods and merchandizes, to direct and appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons, and other wheel-carriages.|
|V. And, when such boats shall be so provided and kept, Be it further enacted, That it shall and may be lawful for the keeper or keepers, of such ferries, to demand and take for the ferriage and transportation of such wheel-carriages, after the rates, following, that is to say: For every coach, chariot, or chaise with four wheels, or waggon, the same rates as are by law established, at such ferries respectively, for the ferriage of six horses; and for every two wheel chaise, or cart, the same rate as is by law established for the ferriage of four horses, and no more.||Rates of ferriage, for whell-carriages.|
| CHAP. IX. |
An Act for raising a Public Levy.
| CHAP. X. |
An Act for dividing St. John's Parish, in the County of King-William.
| CHAP. XIII. |
An Act for dividing the Parish of Henrico, in the County of Henrico.
| CHAP. XIV. |
An Act for dividing Richmond County.
[King George county formed.]
| CHAP. XV. |
An Act for dividing New-Kent County.
[Hanover County formed.]
| CHAP. XVII. |
An Act to alter the day for Northampton County Court.
| Signed by ALEXANDER SPOTSWOOD, ESQ. Governor. |
JOHN HALLOWAY, Speaker.
|Pages 51-75||Pages 96-117|