set it down to be argued; or if he thinks the plea good, but not true, he may take issue upon it, and proceed to proofs; and if such plea shall be adjudged false, the complainant shall have the same advantage as if a plea was found false by verdict, at common law. If a plea be pleaded, or demurrer put in, and over ruled, no other plea or demurrer shall thereafter be received; but the defendant shall answer to the allegations of the bill. The complainant at the next rule day after a plea or demurrer put in, may cause the same to be set down, to be argued; but if the complainant shall not proceed to have the same so set down, at the second rule day after plea or demurrer put in, the bill may be dismissed of course, with costs. Upon a plea or demurrer argued, and over ruled, costs shall be paid, as where an answer shall be judged insufficient, and the defendant shall file his answer at the next rule day; but if adjudged good the defendant shall have his costs. If any defendant shall obstinately insist on a demurrer, and refuseth to answer, where the court shall be of opinion, that sufficient matter is alledged in the bill to oblige him to answer, and for the court to proceed upon, the bill shall be taken, pro confesso, and the matter thereof decreed accordingly. Upon a bill filed, and before the defendant puts in an answer, upon oath made, that any of the complainant's witnesses are aged and infirm, or going out of this colony, whereby the complainant thinks he is in danger of losing the benefit of their testimony, the clerk may issue a dedimus, to take the examination of such witnesses de bene esse, the party taking out such commission giving the adverse party reasonable notice of the time and place of executing the same. Commissions to examine witnesses may be issued by the clerk of the court, at any time after replication filed; the party taking out such commission giving ten days notice to the adverse party, of the time and place of executing the same. When any cause shall be at is sue, and the examination of witnesses returned, if the complainant shall not, on the next succeeding rule day thereafter; set down the cause, for hearing with the clerk, on the rule book, the defendant may have the cause set down at his request, and bring the same to hearing, giving the complainant, or his attorney, such notice as is herein before directed, for hearing upon bill, and answer. BB-Vol.6. Clerk shall have the same fees for rules as for services in court. Grand juries to be summoned. XV. And be it further enacted by the authority aforesaid, That the clerks of the said counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, shall be entitled to the same fees for services done at the rules, as by law they are now allowed, for the like services, in court. XVI. And be it further enacted, by the authority aforesaid, That the courts of the said counties of Brunswick, and Fairfax, in the months of June and December; of Lunenburg, in the months of January and October; of Frederick, Albemarle, and Augusta, in the months of February and August; shall order their sheriffs to summon twenty-four of the most capable freeholders, to appear at the next court, to serve Orphan's court in Lu- as a grand jury of inquest, for each of the said counnenburg to ties, respectively: And that an orphan's court be held, be held in for the said counties of Lunenburg, in October anOctober, an nually. nually. Former acts, XVII. And be it further enacted by the authority contrary to aforesaid, That all and every other act and acts, clause this act, sus- and clauses, as to so much thereof, only, as relates to pended. holding courts in the said counties of Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, monthly, and settling the proceedings therein, which are contrary to this act, shall, during the continuance of this act, be, and are hereby declared to be Commence- suspended: And that this act shall continue and be in ment & con- force, from and after the said twentieth day of June, this act. until the tenth day of June, which shall be in the year of our Lord one thousand seven hundred and fiftyone, and from thence to the end of the next session of Assembly. tinuance of Private acts. CHAP. 60. An act for enabling the justices of Prince William, to levy tobacco on the inhabitants of the said county, to defray the charges of clearing a road therein, from the Pignut, to the Blue-Ridge. 61. An act for obliging the justices of Isle of Wight, to build a bridge over Blackwater-swamp, at Proctor's. CHAP. 62. An act for establishing a town on the land Private acts. of Richard Littlepage, gent. in the coun ty of New-Kent. 65. An act to impower the vestry of the parish 64. An act for dividing the parish of Raleigh, 65. An act for establishing the towns of Pe- 66. An act for giving a certain sum of money 67. An act to impower Thomas Dansie to 68. An act for allowing fairs to be kept in the 69. An act for continuing the act, to impower to erect pounds, and for other purposes 70. An act to enable the Pamunkey town In 72. An act to dock the intail of six hundred uses. 73. An act for dividing the county of Orange. Private acts. CHAP. 74. An act for dividing the county of Gooch land. 75. An act for annexing certain lands to the town of Tappahanock, and vesting the same in the feoffees of the said town, and for other purposes therein mentioned. 76. An act to dock the intail of certain lands, whereof Carter Burwell is seized in tail-male, and for settling other lands, of greater value, to the same uses. CHAP. LXXVII. An Act to impower the trustees of LeedsTown to make a causeway, through the marsh opposite thereto, and for appointing a public ferry. I. WHEREAS the passage from Joseph Morton's lot, in Leeds-town, to the land of Sarah Brooke, in Essex county, is long and dangerous; and whereas the making of a road and causeway, through the marsh opposite to the said town of Leeds, will render the passage of travellers short and safe, and be very beneficial to the public, besides promoting the commerce of the said town; therefore 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 trustees of the said town of Leeds, or any four or more of them, be impowered and authorised, and they are hereby impowered and authorised, to agree with any person or persons, to clear, dig up, extend, maintain, and improve a causeway, from the river opposite to the said town of Leeds, through the said marsh, to the high land of the said Sarah Brooke, in Essex county, near the ferry landing, and from time to time to widen, repair, and improve the same; and also, if necessary, to erect and build bridges over any gut or creek, in the said marsh. And upon compleating the said causeway; It is further enacted, by the authority aforesaid, That a public ferry be esta blished from the public landing of the said town to the said causeway, and that the said trustees, and their successors, or any four or more of them, have power, and they are hereby authorised, from time to time, to let the said ferry to any person or persons that will undertake, out of the profits thereof, to keep the said Causeway in good and sufficient repair. III. And be it further enacted, by the authority aforesaid, That the county court of Essex, upon application made to them by the undertaker of the said causeway, shall order and appoint three honest freeholders convenient thereto, to go upon and value one acre of high land, adjoining to the place where the said causeway shall begin; and the said trustees, upon paying such valuation to the proprietor thereof, may, from time to time, make use of the said acre of land, for raising and repairing the said causeway; and for no other use or purpose whatsoever. IV. And whereas the said trustees, out of the sale of the said lots of the said town, have paid off the respective proprietors of the land, and have yet remaining in their hands the sum of eighty pounds current money, besides a considerable number of lots undisposed of; Be it further enacted, That as well the said sum of eighty pounds, as likewise what other money may be raised, by further sale of lots, during the time the said causeway shall be making, may be by the said trustees, or any four or more of them, appropriated to that use; and that the rates for passing the said ferry be, for a man, four pence; for a horse the same; for every coach, chariot, or waggon, and the driver thereof, the same as for the ferriage of six horses; and for every cart or four wheel chaise, and the driver thereof, the same as for the ferriage of four horses; and for every two wheel chaise, or chair, the same as for the ferriage of two horses; according to the rates herein before settled, and no more. And that the keeper thereof have such exemptions and advantages, and be under the like regulations and restrictions as is and are by law provided for, and in respect of the keepers of other public ferries. V. And be it further enacted, by the authority aforesaid, That the proprietor or proprietors of the marsh |