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IV. And be it further enacteil, by the authority aforesaid. That the court of the said county of Fairfax shall hare jurisdiction of all actions and suits, both in law and equity, which shall be depending before them at the time the said division shall take place; and shall and may try and determine all such actions and suits, and issue process and award execution in any such action or suit in the same manner as if this art had never been made, any law, usage, or custom to the contrary in any wise notwithstanding.

V. And be it further enacted, by the authority afore. said, That out of every hundred pounds of tobacco, paid in discharge of quit rents, secretary's, clerk's, sheriff's, surveyors, or other officers fees, and so proportionably for a greater or lesser quantity, there shall be made the following abatements or allowances to the payer, that is to say: For tobacco due in the county of Fairfax ten pounds of tobacco, and for tobacco due in the county of Loudoun twenty pounds of tobacco; and that so much of the art of assembly, intituled, An Act for amending the Staple of Tobacco, and preventing frauds in his majesty's customs, as relates to any thing within the purview of this act, shall be, and is hereby repealed and made void.

CHAP. XXIII.

In Act for dividing the Parish of Cumber

land, in the County of Lunenburg.

1. WHEREAS the parish of Cumberland, in the

Cumberland county of Lunenburg, by reason of the great extent parish, in thereof, is very inconvenient to the inhabitants: Be it Lunenburg therefore enacted, by the Lieutenant-Governor, Council dividedo 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 July next the said parish of Cumberland be divided, by a streight line to be run from Colonel Byrd's mill, on Roanoke river, to the head of Nottoway river; and that all that part of the said parish of Cumberland; which lies below the said

bounds shall be one distinct parish, and retain the Cornwall pa- name of Cumberland, and all that part thereof which rish formed. lies above the said bounds shall be one other distinct

parish, and called by the name of Cornwall.

II. And be it further enacted, by the authority aforesard, That the freeholders and house-keepers of the said parishes of Cumberland and Cornwall, respertively, shall meet at some convenient time and place, to be appointed and publicly advertised by the sheriff of the said county of Lunenburg, at least one month before the tenth day of September next, and then and there elect twelve of the most able and discreet persons of their respective parishes for vestrymen in each of the said parishes; which vostrymen, so elected, bay. ing, in the court of the said county of Lunenburg, ta. ken and subscribed the oaths appointed to be taken by one act of parliamient, made in the first year of the reign of bis late majesty king George the first, intituled, An Act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late Princess Sophia (being protestants) and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestries of the said parishes, respectively.

III. Provided always, That nothing herein contained shall be construed to hinder the collector or collectors of the said parish of Cumberland, as the same now stands entire and undivided, from collecting or making distress for any parish levies which shall remain unpaid by the inhabitants of the said parish of Corn. wall at the time the said division shall take place, but such collector or collectors shall have the same power to collect and distrain for the said levies, and shall be answerable for the same in the same manner as if this act had never been made, any law, usage, or custom to the contrary thereof in any wise notwithstanding.

CHAP. XXIV.

An Act to impower the Vestry of the Parish

of Overwharton, in the County of Stafford, to levy for Mourning Richards a reasonable satisfaction for rebuilding a Church at Acquia.

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1. WHEREAS Mourning Richards, in the year one Vestry of O. thousand seven hundred and fifty one, contracted with verwharton the vestry of the parish of Overwharton, in the coun- parish,

Stafford, au. ty of Stafford, to build a large brick church at the head thorise of Arquia creek in the said parish, for the considera- levy a sum of tion of one hundred and ten thousand nine hundred money for pounds of tobacco to be paid in four years, and after-dio

po Mourning

* Richards, for wards agreed to make several alterations and addi-re-building a tions to the plan first proposed, for the further consi. church at deration of twenty thousand pounds of tobacco, and Acquia,

' which had had almost finished the same, when in the year one been thousand seven hundred and fifty five it was acciden- down. tally burnt down, and the said Mourning Richards bath since rebuilt the same in a neat, workman-like manner.

II. And whereas the parishioners of the said parish are willing to pay the said Mourning Richards a reasonable satisfaction for the expence and trouble lie hath been put to in rebuilding the said church, and are desirous that an act may pass to enable the vestry of the said parish to raise the same: Be it therefore enacted, by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and it is hereby enact. ed, by the authority of the same, That the vestry of the said parish of Overwharton shall and may, and they are hereby impowered and required to levy on the inhabitants of the said parish, for the use of the said Mourning Richards, in one or more years, and in such proportion as they shall judge least burthensome to the said inhabitants, so much money or tobacco as they shall think a reasonable satisfaction for rebuilding the said church.

CHAP. XXV.
An Act to impower the Justices of the Coun.

ty of Norfolk to agree with persons to
keep certain Ferries, and to levy the ex-
pence thereof upon the inhabitants of the
said County.

county.

I. WHEREAS it hath been represented to this prePublic fer. sent general assembly, by the inhabitants of the counries in Nor. Toa folk, to be

• ty and borough of Norfolk, that on the branches of ported at Elizabeth river, and on Tanner's creek in the said charge of county, there are five public ferries, over one of whicle

most of the said inhabitants are obliged to pass in order to go to church, court, and general musters, and that by the expence of ferriage inany poor people are preveuted from bringinz their small wares and commodities to the market of the said borough: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Astembly, and it is hereby enacted, by the authority of the same, That the justires of the court of the said county of Norfolk, for the time being, be, and they are hereby impowered and required to appoint, contract, and agree with proper persons to keep the said ferries, and to levy the expence thereof upon the tithable inhabitants of the said county annually at the laying the county levy.

11. Anil be it further enacted, by the authority aforeDuty of said, That every person so appointed to keep the said keepers.

ferries shall constantly keep sucb boats and hands as the said court sball, from time to time, order and di. rect to be kept at the said ferries, r spectively, and shall give immediate passage over the said ferries to all the inliabitants of the said county without any fee or reward.

III. Provided always, and it is hereby enacted, That Who to pay

such ferry.keepers shall and may demand and receive ferriage,

from persons, not being inhabitants of the said counwho not. ty of Norfolk, the following rates, that is to say: For

a man four pense, and for an horse the same, for every coach, chariot, or waggon, and the driver thereof, the same as for six horses: For every cart or four wheel chaise, and the driver thereof, as for four hor. ses: For every two wheel chair or chaise the same as for two borses. For every bogshead of tobacco as for one horse: For every head of nett cattle as for one horse: For every sheep, goat, or lamb, one fifth part of the ferriage of one horse; and for every hog one fourth part of the ferriage of one horse, any law, usage, or custom to the contrary thereof in any wise notwith. standing

CHAP. XXVI.

An Act for dissolving the Vestry of the pa

rish of Saint Paul, in the County of
Stafford.

1. WHEREAS several of the vestrymen of the pa- Vestry of St. rish of Saint Paul, in the county of Stafford, by rea- Paul, in Staf. son of their great age and infirmities, are unable to ford dissolvattend at vestries, and several illegal things have been transacted by the majority of the said vestry, to the oppression of the inhabitants of the said parish, who have petitioned this present general assembly that the

said vestry may be dissolved: 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 the said vestry of the said parish of Saint Paul, in the said county of Staf. ford, be, and the same is hereby dissolved; and that all and every art and acts, thing and things which at any time hereafter shall or may be done, performed, or suffered by the said vestry of the said parish shall be ab. solutely void and of none effect.

II. And be it further enacted, by the authority aforesaid, That the freeholders and bouse keepers of the said parish shall meet at some convenient time and place, to be appointed and publicly advertised, at least one month, by the sheriff of the said county of Stafford, before the last day of July next, and then and there elect twelve of the most able and discreet persons of their parish to be vestrymen thereof; which said vestrymen so elected, by virtue of this act, having, in the bourt of she said county of Stafford, taken and sub

U-VOL. 7.

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