Page images
PDF
EPUB

rivers of Patowmack and Rappahanock. and the line now marked from the head spring of the said river Patowmack, to the head spring of Rappahanock, commonly called the Conway; in which said tract or territory of land, as is before described, many adventurers and planters have taken up great quantities of land, and obtained grants and patents thereof from the crown, under the seal of this colony: And whereas the said Thomas lord Fairfax hath consented, before the king, in council, that the several grants and patents, made by the crown of the lands included in the boundary aforesid, should be confirmed to the several grantees, their heirs and assigns; to be held nevertheless of the said lord Fairfax, under the like rents, services, profits, and emoluments, as should be paid, done, and arise, by and from the said grants made by the grown.

Northern

be to the

II. Be it therefore enacted, by the Lieutenant Govern- Grants from or, Council, and Burgesses, of this present General As- the crown of sembly, and it is hereby enacted by the authority of the lands in the same, That all grants and patents whatsoever, under Neck confirthe seal of this colony, for lands situate and lying with- med, but the in the limits and boundaries of the letters patent grant- rents and ed to the ancestors of the said lord Fairfax, as the services shall same are now settled and determined, heretofore made lord Fairfax, and granted by the crown, shali be held, deemed, and and his heirs. taken to be valid and effectual; and the adventurers and planters to whom the same were granted, their heirs and assigns, shall, for ever hereafter, peaceably and quietly, have, hold, and enjoy the said granted premisses, respectively, according to such granted estates, under the rents and services in the said grants reserved; to be paid and performed to the said Thomas lord Fairfax, his heirs and assigns, for ever: Any mis-recital or defect in the said grants notwithstanding.

Expired.

CHAP. LVI.

An Act for destroying Crows and Squir

rels.*

Preamble.

Former act to continue

CHAP. LVII.

In Act for continuing au Act, intituled, An Act for the better regulating and collecting certain officers fees; and for other purposes therein mentioned.

1. WHEREAS an act of Assembly made in the nineteenth year of the reign of his present majesty, intituled, An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, will expire on the twelfth day of April next; and it is expedient that the same should be further continued:

II. BE it therefore enacted by the Lieutenant Governor, Council, and Burgesses of this present General Asfrom the 12th se bly, and it is hereby enacted, by the authority of the of April next same, That the said recited act shall continue and be

four years,

in force, frøm and after the said twelfth day of April next, for and during the term of four years, from thence next following, and no longer.

*Of the acts of this session, the editor has to regret that, for the present, he will be compelled to publish a few, by their titles only, it having been impossible to procure the acts at large, in this country. He has reason to believe, however, that every deficient act may be obtained in England Already has one been procured, through his agency;-and every effort will be made to obtain the others.-Should he succeed, as he has every reason to believe that he shall, all the acts, the titles of which only have been given, will be published in an appendix to the last volume.

From this date to the present time, (1819) the editor has the satisfaction to state, that he has every act of Assembly, and ordinance of Convention, during the revolution.

CHAP. LVIII.

An Act for raising a public levy; and other Had its efpurposes therein mentioned,

fect.

CHAP. LIX.

An Act for altering the method of holding
Courts in the Counties of Brunswick,
Fairfax, Lunenburg, Frederick, Albe
marle, and Augusta.

I. WHEREAS by reason of the large extent of the Preamble. counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, the attendance of the inhabitants at monthly courts is grievous and burthensome, and it is impossible for the officers to execute writs, and other process returnable thereto; whereby great delays are occasioned in determining suits commenced and prosecuted in the said courts: for remedy whereof,

terly.

II. BE it enacted, by the Lieutenant Governor, Coun- Courts to be til, and Burgesses, of this present General Assembly, held quarand it is hereby enacted by the authority of the same, That from and after the twentieth day of June next, there shall be held only four courts, in every year, in each of the said counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, on the days herein after mentioned, that is to say; for the said counties of Brunswick and Fairfax, on the last tuesdays in March, June, September, and December; for the said county of Lunenburg, on the first tuesday in January, April, July, and October; for the said county of Frederick, on the second tuesday in February, May, August, and November; for the said county of Albemarle, on the second tuesday in February, May, August, and November; and for the said county of Augusta, on the fourth tuesday in February, May, August, and November: And that all perAA-Vol. 6.

How long they shall sit.

Proviso in

sons may be the better ascertained when to attend any process, or pleas, they shall have depending in

in the said courts:

III. Be it further enacted, by the authority aforesaid, That the said courts of the several counties aforesaid, shall begin upon the respective days herein before appointed, and shall continue to be held from day to day, exclusive of Sundays, until all causes and controversies then depending before the said courts, respectively brought, by attachment, or petition, or in which any issue is to be tried, writ of inquiry to be executed, special verdict, case agreed, or demurrer to be argued, or any cause set down for hearing, or argument in chancery, shall be heard and determined; and shall not admit of any delay, 'til another court, in the determination of any such suit, unles good cause be made appear for such delay, except in cases where by this act it is otherwise directed. And that, before every of the said courts, the clerk shall enter, in a particular docket, all such causes as aforesaid, and those only; placing those wherein the attendance of witnesses is required, first in order thereon.

IV. Provided nevertheless, That if through sickness, or other inability, badness of weather, or other case of sick-accident, it shall so happen, that a sufficient number ness, &c. of justices shall not meet for holding the said courts, upon the days herein before appointed, in such case it shall and may be lawful, for any one justice, to adjourn the court, whereof he shall be a judge, from day to day, not exceeding three days, until a sufficient number of justices can attend to hold court.

Rules concerning at

V. And be it further enacted, by the authority aforesaid, That when goods, or other estate, of any person or persons, shall be attached, by virtue of an attachments. tachment granted by a justice out of court, it shall and may be lawful, for such person or persons, to replevy the same, by giving bond, with good security, to the sheriff, or other officer, serving the said attachment (which bond the said sheriff, or other officer, is hereby impowered and required to take) to appear at the court, to which such attachment shall be returnable, and to abide by, perform, and satisfy the order and judgment of such court: And where the estate so attached is perishable, if the person or persons to whom it belongs shall not, within thirty days after servior such attachment, replevy the same, then such estate shall be sold, by the sheriff or other officer serv

ing such attachment, in the same manner as goods taken in execution by Fieri Facias; and the money arising upon such sale, shall be liable to satisfy the judgment obtained upon such attachment, or other order of such court.

VI. And be it further enacted, by the authority aforesaid, That upon the replevying any effects attached in manner aforesaid, the sheriff shall return the names of the securities by him so taken, upon such attachment; and if such security shall be adjudged insufficient by the court, or the defendant shall fail to appear, and give special bail, when thereunto ruled by the conrt, such sheriff or security shall be subject to the same judgment and recovery, and have the same liberty of defence, relief, and remedy, as in like cases by law is provided, in suits depending in the general court, upon security taken by any sheriff, upon the execution of mesne process.

cerning bail.

VII. And be it further enacted, by the authority afore- Rules consaid, That upon executing any process, whereupon bail shall be requirable, the sheriff shall return therewith the names of the bail by him taken, and if he shall not return bail, or the bail by him returned shall be adjudged insufficient by the court, or the defendant shall fail to appear, or to give special bail, when thereunto ruled by the court, such sheriff, or bail, shall be subject to the same judgment and recovery, and shall have the same liberty of defence, relief, and remedy, as in like cases is by law provided, in suits depending in the general court.

VIII. Provided always, That every interlocutory or final judgment, against any defendant and the sheriff, or against any defendant and the bail, returned by the sheriff, entered or obtained before any court next ensuing the return of the writ, upon which such defendant was arrested, shall be set aside if the defendant, at the next court, ensuing the return, as aforesaid, shall be allowed to appear without bail, or shall put in good bail, and plead to issue immediately.

IX. And be it further enacted, by the authority aforesaid, That it shall and may be lawful, for any judge, or justice of the said courts; and every such judge, or justice, is hereby authorized and impowered, when the said courts are not sitting, to take a recognizance of bail, in any action depending in the court, whereof any such judge or justice shall be a member, de bene

« PreviousContinue »