|Pages 204-220||Pages 241-246|
| CHAP. X. |
An Act for prohibiting the exportation of Grain in time of scarcity.
|I. WHEREAS divers person, for their own private lucre, transport out of this colony, into parts beyond the seas, wheat, Indian corn, and other grain, when the same are greatly wanted for the relief of the inhabitants here, whereby the people of this dominion have been frequently brought into great distress: For remedy whereof for the future,|
|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 it shall and may be lawful, to and for the governor, or commander in chief of this dominion, for the time being, from time to time, and at all times hereafter, upon information to him given of the scarcity of corn, or other grain, to issue his proclamation, by and with the advice and consent of his majesty's council, thereby prohibiting the exportation of any wheat, Indian corn, pease, or other grain whatsoever, or flour, or meal made of the same, or any or either of them, for and during such time or times as he, with the advice aforesaid shall judge most fit and necessary.||Embargoes may be laid by governor and council.|
|III. And be it further enacted, by the authority aforesaid, That all wheat, Indian corn, pease, or other grain, and all flour, or meal, which at any time during the continuance of such prohibition, shall be laden or put on board any ship or vessel for transportation, shall be forfeited, and shall and may be seised by the naval officer, or other officer of the customs, in the port or district in which such grain or other the commodities aforesaid shall be laden: And moreover, the owner or owners of such wheat, corn, pease, or other grain, or flour, or meal, shall forfeit and pay double the value thereof: One third of both which said forfeitures, shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; one third to the governor or commander in chief of this dominion, for the time being; and the other third to the officer or officers who shall siese, or any other person who shall inform and prosecute for||How enforced.|
|the same: And the said forfeitures, or either of them, shall and may be recovered in any court of record within this dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, or, any more than one imparlance, shall be allowed.|
|IV. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to restrain the taking on board any ship or vessel, any provision of corn, pease, flour, or meal, necessary for the victualling such ship or vessel for her voiage; but that the same may be victualled, during such prohibition, in the same manner, as if this act had never been made.||Exceptions.|
|V. Provided also, That no grain, or other the commodities before enumerated, laden on board any ship or vessel, in order to exportation, before notice of such prohibition, shall be liable to seisure or forfeiture; nor the owner or owners thereof, subject to any penalty, if such owner or owners shall in convenient time after the publication of such prohibition, reland, or cause the same to be relanded and disposed of in this colony.||Further exemptions.|
|I. WHEREAS the act, made in the fourth year of the reign of the late queen Anne, declaring the Negro, Mulatto, and Indian Slaves, within this Dominion, to be Real Estate, hath been found by experience very beneficial for the preservation and improvement of estates in this colony, yet many mischiefs have arisen, from the various constructions, and contrary judgments and opinions, which have been made and given thereupon, whereby many people have been involved in law suits and controversies, which are still like to increase: For remedy whereof, and to the|
Ch. 23, 1705.
|end, the said act may be fully and clearly explained and amended,|
|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 the said act shall hereafter be construed, and the true intent and meaning thereof, is hereby declared to be, in the several cases herein after mentioned, as the same is herein after expressed and declared, and not otherwise, that is to say:||Construction of act of 1705.|
|III. Whenever any person shall, by bargain and sale, or gift, either with or without deed, or by his last will and testament in writing, or by any noncupative will, bargain, sell, give, dispose or bequeath, any slave or slaves; such bargain, sale, gift, or bequest, shall transfer the absolute property of such slave or slaves to such person or persons to whom the same shall be so sold, given, or bequeathed, in the same manner, as if such slave or slaves were a chattel: And no remainder of any slaves or slaves shall or may be limited by any deed, or the last will and testament in writing, of any person whatsoever, otherwise than the remainder of a chattel personal, by the rules of the common law, can or may be limited, except in the manner herein after mentioned and directed.|| Slaves to pass as chattels. |
Remainders, how limited.
|IV. And that where any slave or slaves have been or shall be conveied, given, or bequeathed, or have or shall descend to any feme covert, the absolute right, property, and interest, of such slave or slaves is hereby vested, and shall accrue to, and be vested in the husband of such feme covert. And that where any feme sole is or shall be possessed of any slave or slaves, as of her own proper slave or slaves, the same shall accrue to, and be absolutely vested in the husband of such feme, when she shall marry,||Slaves of wife, vested absolutely in husband.|
|V. And that any infant, above the age of eighteen years, by his or her last will and testament in writing, may dispose and bequeath the absolute right, property, and interest, of any slave or slaves whereof he or she shall be possessed.||May be bequeathed by infants.|
|VI. And that no slave or slaves whatsoever shall be forfeited, except in such cases where the lands and tenements of the person incurring the forfeiture, is, should, or might, be forfeited.||Not liable to forfeiture.|
|VII. And that no executor or administrator hath or shall have any power to sell or dispose of any slave or slaves of his testator or intestate, except for the paying and satisfying the just debts of such testator or intestate, and then only, where there is not sufficient of the personal estate of such testator or intestate, to satisfy and pay such debts; and in that case, it shall and may be lawful for the executor or administrator, to sell and dispose of such slave or slaves, as shall be sufficient to raise so much money as the personal estate falls short of the paiment of the debts.||Not to be sold by executors, &c. except under particular circumstances.|
|VIII. And that when a mother shall die intestate, leaving one or more slave or slaves, other than the slave or slaves which she holds as of her dower, the heir at law shall be accountable to the younger children for their proportions of the value of such slave or slaves, in the same manner as he should or might be accountable, in case of a father's dying and leaving such slaves.||Heir at law, accountable, for proportion of slaves if mother die intestate.|
|IX. Provided always, That nothing in this act contained, shall be construed to change or alter the property of any slave or slaves, which, by the judgment, of the general court, or any county court, have been heretofore adjudged to belong to any person or persons whatsoever; but such judgment shall remain, and forever hereafter, shall be deemed and taken to be valid and binding.||Not to affect prior adjudications.|
|X. Provided also, That where any person hath heretofore, by deed executed in his life time, or by his last will and testament in writing, disposed of any slave or slaves for the life or lives of any person or persons whatsoever, and hath thereupon limited any remainder, such remainder shall be good and effectual in law, to transfer the absolute property of such slave or slaves to the person or persons to whom such remainder hath been limited, and no otherwise.||Nor remainders heretofore limited.|
|XI. And whereas, the true design of the said act, and the policy thereof, was and is, to preserve slaves for the use and benefit of such persons to whom lands and tenements shall descend, be given, or devised, for the better improvement of the same; which cannot be done, according to the custom and method of improving estates in this colony, without slaves; and therefore it may be very advantageous to estates, to establish a method for settling slaves, and their increase, so|
|as they may go and descend with lands and tenements: to which end,|
|XII. Be it further enacted, by the authority aforesaid, That it shall and may be lawful for any person or persons whatsoever, by deed executed in his or their life times, or by his or their last will and testament, wherein any lands and tenements shall hereafter be settled, conveied, or devised, in fee tail, or for life or lives, to settle, convey, or devise any slave or slaves; and in such deed or last will, to declare that such slave or slaves, and their increase, so long as any of them shall be living, shall descend, pass, and go, as part of the freehold to such person or persons to whom such land and tenements shall be so conveied or devised, and to whom the same shall from time to time descend and come; and such declaration shall be good and effectual in law, to annex such slave or slaves to the freehold and inheritance of such lands and tenements, and they, and their increase, so long as any of them shall be living, shall descend, pass, and go, in possession, reversion, and remainder, with such lands and tenements: Or where any person shall, by his deed executed in his life time, or by his last will and testament in writing, settle, convey, or devise, any lands and tenements in fee tail, or for life or lives; and shall, in the same deed or will, settle, convey, or devise any slave or slaves, with the same limitation or limitations with which such land and tenements shall be so settled, conveied, and devised, such limitation or limitations shall amount to a declaration of the intent of the party settling, conveying, or devising the same, that the same should be annexed to such lands and tenements, and shall descend, pass, and go therewith, from time to time, as aforesaid.||How slaves may be annexed to, & pass with lands.|
|XIII. And where any person or persons now are, or hereafter shall be, seised of lands or tenements in fee tail, it shall and may be lawful for such person or persons, by deed executed in his or their life times, or by his or their last will and testament, to annex to the same lands and tenements, all or any slave or slaves which such tenant in tail shall during such his estate, purchase, acquire, or be possessed of; and to declare, that such slave or slaves, and their increase, so long as any of them shall be living, shall descend, pass, and go, in possession, reversion, or remainder, as part of the freehold, under the like limitation or limitations||May be annexed by tenant in tail.|
|with which such lands and tenements are or have been settled, conveied, or devised: And such declaration shall be as effectual to annex the said slave or slaves, and their increase, to such lands and tenements, as if the same had been settled, conveied, or devised, by the same deed or will, whereby the estate in the said lands and tenements was at first made and created.|
|XIV. But forasmuch as the greatest part of the visible estates of the inhabitants of this colony, doth generally consist of slaves, and it may happen in future time, after several descents of slaves so annexed to lands, as aforesaid, that many people may not be acquainted with such settlements, and so creditors may be deceived and hindred in the recovery of just debts: And moreover, to bind the property of slaves, so as they may not be liable to the paiment of debts, must lessen, and in process of time, may destroy the credit of the country.|
|XV. It is hereby provided and enacted, That notwithstanding any slave or slaves shall be annexed, as aforesaid, to any lands and tenements settled, conveied, or devised, in fee tail in possession or remainder, as aforesaid, such slave, or slaves, or their increase, shall be liable to be taken in execution, and sold for the satisfying and paying the just debts of the tenant in tail, for the time being. And such sale shall be good and effectual against him or her, and his or her issue, and all other persons whatsoever, claiming under such settlement.||Slaves annexed to lands liable for debts.|
|XVI. Provided nevertheless, That if any person shall be hereafter possessed of any slave or slaves, in right of his wife, which shall be so annexed to lands, as aforesaid, such slave or slaves shall not be liable to be taken in execution, or sold for the satisfying any debt of such husband, so as to bar the wife of any right which she may claim under any settlement, made in pursuance of this act, after his death.||Proviso.|
|XVII. And whereas it is by the said act provided, that writs of dower and partition may be brought and maintained, for recovering dower, or making partition of slaves, as the case may be; and the process and proceedings in those writs are not well adapted to the circumstances of living things, and are very tedious and difficult:|
|XVIII. Be it further enacted, by the authority aforesaid, That where any person or persons, have or shall have, a right to demand dower, or have partition of any slave or slaves, such person or persons shall and may exhibit a bill in equity for that purpose, against the person or persons of whom the same may be demanded: And the court before whom such bill shall be exhibited, shall compel the defendant or defendants to answer, and shall and may proceed upon such bill and answer, although the defendant or defendants, or any of them, be under the age of twenty one years, according to the course and rules of equity; and shall and may make such decree for the assignment of such dower, or making such partition, in such manner as shall be most agreeable to equity: And such assignment of dower, or partition, shall be as effectual, as if the same were made in the ordinary methods of the common law.||Dower or partition may be demanded by bill in equity.|
|XIX. And be further enacted, by the authority aforesaid, That where it shall be necessary for the younger child or children of any person whatsoever, to bring any suit against the heir at law, for recovering his or their proportion of the value of any slave or slaves, pursuant to the said act, instead of an action upon the case, such child or children shall and may exhibit his or their bill, in a court of equity, for recovering such proportion: And the court before whom such bill shall be exhibited, shall and may proceed upon the bill, and the answer of the defendant, although he shall be under the age of twenty one years; and give such relief for the recovering and compelling the paiment of such proportion of the true value of such slave or slaves, as shall be agreeable to the rules of equity; any thing in the said act contained to the contrary thereof, in any wise, notwithstanding.||And proportions of younger children against the heir.|
|XX, And whereas, by part of one other act, made in the fourth year of the reign of the said late queen Anne, intituled, An Act for the distribution of Intestates Estates; declaring Widows Rights to their deceased Husbands Estates: and for securing Orphans Estates, it is provided, That no person, by his last will and testament, may give a less share or proportion of his estate, than is therein directed; and that any will, made contrary to that act, may be set aside, for so much, upon the petition of the wife. And forasmuch as it is doubted, whether that part of the said act hath any relation|
|to the disposition of slaves, and what right a widow hath to the slaves of her deceased husband, in case of his dying testate; to the end, all doubts and questions thereupon may be removed, and a better method may be settled for women to recover their rights, than by petition to set aside the will,|
|XXI. Be it further declared and enacted, by the authority aforesaid, That when any widow shall not be satisfied with the provision made for her by her husband's will, it shall and may be lawful for such widow, within nine months after her husband's death, before the court where such will shall be proved, or by deed executed in the presence of two or more witnesses, to declare, that she will not accept, receive, or take the legacy or legacies to her given and bequeathed, or any part thereof, and will renounce all benefit and advantage which she might claim by such last will: And after such declaration, to demand and recover her dower of all the slaves whereof her husband died possessed; which she shall enjoy during her natural life: And after her death, or other determination of that estate, the same shall go to the person or persons in whom the property thereof would have vested, in case the dower had not been demanded: and moreover, such widow shall have such share of the personal estate of her husband, as by the said act is directed. But if such declaration be not made within the time before limited, she shall be forever barr'd to claim any other part of her husband's estate, than shall be given or bequeathed by such last will.||How widows may renounce provisions of their husbands will.|
| CHAP. XII. |
An Act for encouraging Adventurers in Iron-Works.
|I. WHEREAS divers persons have of late expended great sums of money, in erecting furnaces and other works, for the making of iron, in several parts of the country; which doth greatly tend to the increasing the trade and shipping of Great Britain, and the riches of this colony, and to the employing of great numbers of artificers and other persons, more usefully than hath hitherto been done; and therefore all necessary encouragements ought to be given to the adventurers in such undertakings: And forasmuch as it is absolutely necessary that roads be laid out and cleared|
|from all such iron works, to convenient landings, and also that private roads should be laid out and cleared, for the carrying wood, coal, oar, and stone, to such furnaces or other works aforesaid:|
|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 the justices of the peace, respectively, of any county in which any iron-work is or shall be erected, shall, upon application to be made, by the owner or owners, or chief manager of such work, order and appoint good roads to be laid out and made, from such works, to the nearest place upon some navigable river or creek, where the iron made at such works may be brought and shipped off, and for bringing stone and other materials, for the erecting and carrying on such work, before the same shall be finished, from thence; and shall also order such convenient causeways and bridges, as shall be necessary for carts, waggons, or any other wheel-carriages whatsoever, to pass in such roads, to and from such iron-works, with the most ease that can be: And such highways and bridges, shall, during the time such iron-work shall be maintained, be repaired and amended, in the same manner, and under the same penalties and forfeitures, that other highways and bridges in this colony, are to be repaired and amended: And that upon the like application to be made to the county courts, as aforesaid, such county courts shall and may order and appoint private roads to be laid out, where the same shall be necessary, for the carrying wood, coal, oar, or stone, to such furnaces, so as such roads do not pass through the enclosed or tended grounds of any person whatsoever, and so as the same shall be cleared and repaired from time to time, by the owner or owners of such iron-works, for whose benefit the same shall be appointed.||Roads and bridges, to and from iron-works.|
|III. And whereas, the calling away of persons emploied in and about such iron-works, where their constant attendance is necessary, for the repairing and amending of highways, and bridges, and clearing of rivers, may be very inconvenient and detrimental to the owners of the said works, Be it further enacted, That all persons whatsoever, which now are, or hereafter shall be, emploied in and about any furnace or other work, now erected, or hereafter to be erected, for the making of iron, shall be exempted and discharged from||Exemption of persons employed at.|
|the duties of clearing, amending, and repairing all highways and bridges (other than the roads and bridges to be laid out and made for the use and benefit of such iron-work, pursuant to this act) and of clearing of rivers and creeks.|
|IV. And, for a further encouragement to all persons, who shall hereafter, within one and twenty years next to come, erect any furnace, or other work, for the making of iron: Be it further enacted, That the adventurers in such work, shall give notice to the court of the county where any furnace, or other work aforesaid to be erected, shall lie, of their intending to begin and carry on such work or works; and from and after such notice so given, all the persons emploied in and about the building and carrying on such work, or the cutting of wood, making of coal, raising of oar, or any other thing necessary for the completing and carrying on such design, shall for the space of five years next following, be free and exempt from the paiment of all public, county, and parish levies.||Further exemptions.|
|V. Provided nevertheless, That the owner or owners, or chief manager of such work or works, shall, upon or within twenty days after the tenth of June, in every year, give a list of all the persons so to be emploied about such work or works, to the person appointed to take the list of tithables in the precinct where they shall respectively live, or be emploied; or otherwise they shall not be entitled to any of the exemptions aforesaid, for that year.||Owners to furnish a list of persons employed at.|
|VI. Provided also, That if any of the persons, so to be exempted as aforesaid, shall be emploied in the planting or making of tobacco, the owner or owners of such work or works, shall, for that year, lose the benefit of the exemptions aforesaid, for all the persons emploied in and about such work or works, as aforesaid; and moreover, if the same shall be done with his or their knowledge, or consent, shall forfeit five hundred pounds of tobacco, for every person above the age of sixteen years, constantly residing upon the plantation or plantations, where such tobacco shall be done without the knowledge or consent of such owner or owners, the overseer of such plantation or plantations, shall be liable to the same penalty: to be recovered by action of debt, in any court of record in this colony; and one moiety||Persons exempted, not to make tobacco.|
|thereof, shall be to the informer, and the other moiety to the king, his heirs, and successors, for the support of this government, and the contingent charges thereof.|
|VII. And be it further enacted, by the authority aforesaid, That all and every person and persons whatsoever, now emploied, or hereafter to be emploied, in and about any iron-work, already erected, shall, from the tenth of June next, for the space of five years next following, be exempted and discharged from the paiment of all public, county, and parish levies, as aforesaid. Provided, That the owner or owners, or chief manager of such work or works, shall give the same list, to the person taking the list of tithables, as is before directed; and shall be restrained in the same manner, from making tobacco: and he or they, or his or their overseer or overseers, shall be liable to the same penalties for planting or making the same: to be recovered and disposed of in the same manner as is herein before directed and provided.||Exempted from taxes and levies.|
|VIII. Provided always, That nothing in this act contained, shall be construed to extend to such person or persons, who shall sell wood to the owner or owners of such work or works, and shall employ his or their servants or slaves to cut the same.||Proviso.|
|IX. And, for reimbursing to the respective counties and parishes, all such tobaccos as shall be levied on the inhabitants, more than they would have been chargeable with, if the exemptions herein before mentioned had not been granted: Be it enacted, by the authority aforesaid, That the justices of the respective county courts, and the vestries of the several parishes, wherein such iron-works are, or shall be set up, do yearly at their laying of their parish and county levies, compute how much the said respective levies, by the exemption of the persons emploied in iron-works, are increased on the remaining tithables in such county or parish; and shall return such computation to the next general assembly; to the end, the same quantity of tobacco may be reimbursed to such county and parish, in the next public levy.||Counties indemnified by the public.|
| CHAP. XIII. |
An Act for the better and more effectual putting the Penal Laws in Execution.
|I. WHEREAS the grand juries of several counties in this colony, have sometimes omitted to present, and the county courts forborn to prosecute offences, for committing whereof the forfeiture or penalty incurred by law, doth not amount to twenty shillings sterling, or two hundred pounds of tobacco; concluding that such offences were not cognizable before them:|
|II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, & if is hereby enacted & declared, by the authority of the same, That the grand juries of the several counties of this colony, have full power and authority to hear and determine all presentments for offences, made penal by the laws of this country, although the forfeiture, or penalty thereby inflicted, shall not amount to twenty shillings sterling, or two hundred pounds of tobacco.||Power of grand juries, and county courts, as to penalties less than 20s.|
|III. And, for the more easy prosecution of presentments, for breach of the penal laws of this colony, Be it further enacted, That from and after the fifteenth day of April, which shall be in the year of our lord, one thousand seven hundred and twenty eight, when any offence or offences shall be presented by the grand jury of any county of this colony, and the penalty or forfeiture by law inflicted on such offence or offences, shall not exceed the sum of five pounds current money, or one thousand pounds of tobacco, be it to the king, and to the informer, or to the informer or party only, or to whom or to what use soever the same is or shall be appropriated, such presentment need not be drawn up in other form, than as the same stands presented by the grand jury; and upon such presentment, the court shall order a summons forthwith to issue, to summon any person or persons so presented, to appear and answer such presentment at the next court; and shall not admit of any exception or pleading to the form or manner thereof; but the court shall proceed to trial, and to give judgment upon such presentment, according as||Proceedings on presentments, where the penalty does not exceed 5l.|
|the very right of the cause, and matter in law, shall appear unto them.|
|IV. And for the easier, speedier, and better advancement of justice, in obtaining judgments in any suit or action, to be brought upon any of the penal laws of this colony, after the said fifteenth day of April, in which suit or action, the penalty sued for, shall not exceed five pounds current money, or one thousand pounds of tobacco: Be it further enacted, by the authority aforesaid, That where any demurrer shall be joined, and entred, in any such suit or action, in any court of record in this dominion, the judges shall proceed, and give judgment, according to the very right of the cause, and as the matter in law shall appear unto them, without regarding any imperfection, omission, or defect in any writ, return, plaint, declaration, information, or other pleading, process, or course of proceeding whatsoever, except those only which the party demurring shall specially and particularly set down, and express, together with his demurrer, as causes of the same, notwithstanding such imperfection, omission, or defect, might have heretofore been taken to be matter of substance; so as sufficient matter appear in the said pleadings, upon which the court may give judgment, according to the very right of the cause.||Courts to decide according to the very right of the cause.|
|V. And be it further enacted, by the authority aforesaid, That if any verdict shall be given in any such action, or suit, in any court of record in this dominion, the judgment thereupon shall not be stayed or reversed, for or by reason of any default in form, or want of form, in any writ, original or judicial, declaration, plaint, information, or bill, or for want of any writ, original or judicial, or by reason of any imperfect or insufficient return of any sheriff or other officer, nor for any matter of the like nature, nor any judgment hereafter to be given on any verdict, in any such suit or action, shall be reversed for any the defects or causes aforesaid; any law, statute, or usage to the contrary, notwithstanding.||After verdict, not to be stayed for defect of form.|
| CHAP. XIV. |
An Act for erecting a Town, in each of the Counties of Spotsylvania and King George.
|I. WHEREAS great numbers of people have of late seated themselves and their families, upon and near the river Rappahannock, and the branches thereof, above the falls; and great quantities of tobacco and other commodities, are every year brought down to the upper landings upon the said river, to be shipped off and transported to other parts of the country; and it is necessary, that the poorer part of the said inhabitants should be supplied from thence, with goods and merchandize, in return for their commodities; but for want of some convenient place, where traders may cohabit, and bring their goods to, such supplies are not to be had, without great disadvantages; and good houses are greatly wanted, upon some navigable part of the said river, near the falls, for the reception and safekeeping of such commodities, as are brought thither; and for the entertainment and sustenance of those who repair thither from remote places, with carriages drawn by horses or oxen: And forasmuch as the inhabitants of the county of Spotsylvania, have made humble supplication to this general assembly, that a town may be laid out, in some convenient place, near the falls of the said river, for the cohabitation of such as are minded to reside there, for the purposes aforesaid, whereby the peopling that remote part of the country will be encouraged, and trade and navigation may be increased:|
Fredericksburg, and Falmouth established.
|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 within six months after the passing of this act, fifty acres of land, parcel of a tract of land belonging to John Royston, and Robert Buckner, of the county of Glocester, situate, lying, and being upon the south side of the river Rappahannock, aforesaid, in the county of Spotsylvania, commonly called or known by the name of the Lease-Land, shall be surveied and laid out, taking the whole breadth of the said tract of land, upon the river, by the surveior of the said county of Spotsylvania;||Fifty acres of land vested in trustees, who are appointed directors.|
|and the said fifty acres of land, so to be surveied and laid out, shall be and is hereby vested in John Robinson, esq. Henry Willis, Augustine Smith, John Taliaferro, Harry Beverly, John Waller, and Jeremiah Clowder, of the county of Spotsylvania, gentlemen, and their successors, in trust, for the several purposes hereafter mentioned; and the said John Robinson, Henry Willis, Augustine Smith, John Taliaferro, Harry Beverly, John Waller, and Jeremiah Clowder, are hereby constituted and appointed directors and trustees, for designing, building, carrying on, and maintaining a town upon the said land. And the said directors and trustees, or any four of them, shall have power to meet as often as they shall think necessary; and shall lay out the said fifty acres in lots and streets, not exceeding half an acre of ground in each lot; and also to set apart such portions of the said land for a church and church-yard, a market place, and public key, and to appoint 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 and erecting of wharfs and cranes, at such public landings, for the public use: And when the said town shall be so laid out, the said directors and trustees, shall have full power and authority, to sell all the said lots by public sale or auction, from time to time, to the highest bidder, so as no person shall have more than two lots: And when such lots shall be sold, any two of the said trustees shall and may, upon paiment of the purchase money, by some sufficient conveyance or conveyances, convey the fee-simple estate of such lot or lots, to the purchasers; and he or they, or his or their heirs and assigns, respectively, shall and may forever thereafter peaceably and quietly have, hold, possess, and enjoy the same, freed and discharged of and from all right, title, estate, claim, interest, and demand whatsoever, of the said John Royston, and Robert Buckner, and the heirs and assigns of them, respectively, and of all persons whatsoever, claiming by, from, or under them, or either of them.|| To be laid out in lots & streets. |
To be sold.
|III. Provided nevertheless, That the said directors and trustees, shall pay or cause to be paid, unto the said John Royston, and Robert Buckner, out of the money to be raised by the sale of the said lots, as soon||40 shillings for every acres, to be paid to the proprietors.|
|as the same shall be by them received, after the rate of forty shillings for every acre of the said fifty acres of land, according to the right which the said John Royston, and Robert Buckner, now respectively have to the same: And the said John Royston, and Robert Buckner, shall also have each of them two lots, which shall be assigned to them by the said directors and trustees, and they shall respectively remain seised of such lots of the same estate, whereof they were respectively seised in the said land, before the making of this act.|
|IV. And be it further enacted, by the authority aforesaid, That after the said lots shall be laid out and disposed of, as aforesaid, the said directors or any four of them, shall have full power and authority, to apply all the overplus money, which shall be raised by the sale of the said lots, to such public use, for the common benefit of the inhabitants of the said town, as to them shall seem best.||Overplus of the money to be laid out in public uses, for the benefit of the town.|
|V. And be it further enacted, by the authorities aforesaid, That the grantee or grantees of every sush lot or lots, so to be conveied and sold in the said town, shall within two years next after the date of the conveiance for the same, erect, build and finish, on each lot so conveied, one house, of brick, stone, or of wood, well framed, of the dimensions of twenty foot square, and nine foot pitch at the least, or proportionably thereto, if such grantee shall have two lots contiguous: and 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 owner of any lots shall fail to pursue and comply with the directions herein prescribed, for the building and finishing one or more house or houses thereon, then such lots upon which such houses shall not be so built and finished, shall be revested in the said trustees; and shall and may be sold and conveied to any other person or persons whatsoever, in the manner before directed; and shall revest, and be again sold, as often as the owner or owners shall fail to perform, obey, and fulfil the directions aforesaid: 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 public|
How to be built.
|wharfs, they shall be liable to the same penalties as are inflicted for not repairing the highways in this colony.|
|VI. And for the continuing the succession of the said trustees and directors, until the governor of this colony shall incorporate some other persons, by letters patents, under the seal of this colony, to be one body politic and corporate, to whom the government of the said town shall be committed, Be it further enacted, That in case of the death of the said 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 an inhabitant or freeholder of the said town, in the place of him so dying 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 recorded in the books of the said directors.|
For perpetuating the succession of the directors.
|VII. And whereas William Levingston is possessed of a lease under the said John Royston, for certain years to come, of part of the said fifty acres of land, and hath erected buildings, and made several improvements thereon, which will be taken away when the said town shall be laid out: for making satisfaction for which,||For a recompense to Levingston and Royston.|
|VIII. Be it further enacted, That the two lots to be assigned to the said John Royston, pursuant to this act, shall include the dwelling house and kitchen of the said William Levingston, and shall be held and enjoied by him, for the residue of the said term; and at the expiration thereof, shall revert unto, and be vested in the said John Royston, as aforesaid: And moreover, the said trustees are hereby enjoined and required to pay unto the said William Levingston, the sum of twenty pounds current money, out of the monies arising by sale of lots, as a consideration and competency for the said lease.||Two lots assigned to them.|
|IX. And be it further enacted, That the town aforesaid shall be called by the name of Fredericksburg.||Fredericksburg.|
|X. And forasmuch as the said town will not be convenient to the inhabitants on the north side of the said river, for transporting their commodities to and from the same: To the end therefore, that the same benefits and advantages may be extended to them, as are before given to the people inhabiting the county of Spotsylvania,|
|XI. Be it further enacted by the authority aforesaid, That within six months after the passing of this act, fifty acres of land, parcel of a larger tract of land, belonging to William Todd, of the county of King and Queen, gentleman, situate, lying, and being on the north side of the said river, about two miles above the said lease-land, in the county of King George, including the fall-land, and the high land adjacent, shall be surveied and laid out, by the surveior of the said county of King George; and shall be vested in Robert Carter, and Mann Page, esquires, Nicholas Smith, William Thornton, John Fitzhugh, Charles Carter, and Henry Fitzhugh, the younger, gentlemen, are hereby constituted and appointed directors and trustees, for designing, building, carrying on, and maintaining a town upon the same; and they or any four of them, shall have the same powers and authorities, in laying out the said town in lots and streets, each lot not exceeding half an acre as aforesaid; and shall and may assign convenient portions of the said land, for a church, church yard, market place, and public key, and appoint and make public landings, wharfs, and cranes, for the common benefit of the inhabitants; and sell and convey the lots, and dispose of the overplus of the money arising from such sale, to the same uses; and make and establish rules and orders, for the more regular building the houses, and for repairing and amending the streets, landings and wharfs; under the same penalties as are herein before directed, prescribed, ordained, and appointed, for the said town of Fredericksburg; and the grantees of such lots, so laid out, sold, and conveied, shall be under the like directions for building, and under|| Other land vested in other trustees who are
appointed directors. |
To be laid out and built upon, in the same manner, and the oveoplus of the money to be applied to public uses.
|the forfeiture, as are herein before prescribed for the said town of Fredericksburg. And the succession of the said directors, shall be continued in the same manner as is before directed, for continuing the succession of the other directors aforesaid.|
|XII. And be it further enacted, That the said last mentioned directors shall satisfy and pay unto the said William Todd, out of the money arising by the sale of the said lots, forty shillings for every acre of the said land, and moreover, shall assign him four lots, whereof he shall remain seised, of the same estate, as he now hath in the said fifty acres of land; and shall also pay him for such houses as he hath erected, which shall be taken into any of the streets or public landings of the said town: And in case such houses shall fall within the bounds of any lot or lots, the same shall be assigned him, as part of the four lots, hereby intended for him: And the said last mentioned town, shall be called by the name of Falmouth.|| Satisfaction to be made to Wm. Todd. |
|XIII. Provided nevertheless, That if the said respective directors, shall not, within six months after the fifty acres of land shall be surveied and laid out, in each of the places before-mentioned, fully satisfy and pay, or, in case of refusal to receive the same, tender to the proprietors of each fifty acres respectively, the several sums of money by this act directed to be paid to them, the lands and premises before-mentioned shall be revested in the said proprietors respectively; and they shall remain and continue seised thereof, as if this act had never been made: And this act shall be adjudged, held, and taken to be a general act.||Directors not paying, or tendering payment, for the lots, in six months, they shall revert to the proprietors.|
| CHAP. XV.
An Act for ascertaining the Fees of certain Officers therein mentioned.
|Re-enacted, ch. 10, 1732.|
| CHAP. XVI. |
An Act for raising a Public Levy.
|[Caroline county formed.]|
| CHAP. XVIII. |
An Act for dividing the County of Henrico.
[Goochland county formed.]
| CHAP. XX. |
An Act for killing Squirrels and Crows, in the Counties of Accomack and Northampton.
| CHAP. XXI. |
An Act to prevent Swine running at large, within the limits of the town of Norfolk.
| Signed by WILLIAM GOOCH, ESQ. Governor. |
JOHN HOLLOWAY, Speaker.
|Pages 204-220||Pages 241-246|