Public levy

or tax.

CHAP. XII.

An Act for raising a Public Levy.

I. 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 five pounds and an half of tobacco be paid by every tithable person within this dominion, for the defraying and payment of the public charge of the country, being the public levy from the twenty seventh day of February, one thousand seven hundred and fifty two, to the first day of November, one thousand seven hundred and fifty three, and that it be paid by the collectors of the several counties, to the several persons and counties respectively to whom it is proportioned by this 'General Assembly, and if it shall happen that there shall be more tithables in any county than the present levy is laid on, then such county shall have credit for so much, to the use of the county; and if fewer tithables in any county, then such county shall bear the loss.

11. Provided abways, That where any allowance is made in the book of proportions to any county, to be paid in the same county, no more per poll shall be collected from the tithables of such county, than will discharge the ballance after such allowance shall be deducted, and that every county court shall regulate the levy accordingly.

111. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the court of his county, to be held in the months of January, February, or March next, give bond and security for the due collection and payment of the public levy, now laid and assessed.

CHAP. XIII.

An Act for appointing several new Ferries. Edit 1769,

p. 316. I. BE it enacted, by the Lieutenant Governor, Coun- New ferries cil, and Burgesses, of this present General Assembly, established. and it is hereby enacted, by the authority of the same, That public ferries be constantly kept at the places hereafter mentioned, and that the rates for passing the said ferries be as follows, that is to say, on James river, from four mile creek warehouse landing, on the land of Charles Woodson, in the county of Henrico, to the neck of land belonging to Tarlton Woodson, in the county of Chesterfield; and from the said Tarlton Woodson's, to the said Charles Woodson's, for a man four pence, and for an horse four pence: And from the land of Charles Ellis, in the county of Henrico, to the land of Daniel Weldon, in the county of Chesterfield; and from the said Weldon's to the said Ellis's, for a man three pence, and for an horse three pence: On the Fluvanna river, from the land of Nicholas Davis, at, or near the mouth of the double creeks, to his land opposite thereto, called Salopian Point, in the county of Albemarle, for a man three pence, and for an horse three pence:, On Staunton river, from the land of Robert Wade, in the county of Halifax, to the land opposite thereto, in the county of Lunenburg, for a man three pence, and for an horse three pence: On Bennet's creek, in the county of Nansemond, from Benjamin Bascombe's, to the land of James Buckston; and from the said Buckston's to the said Bascombe's, for a man four pence, and for an horse four pence: On the western branch in Nansemond county, from Jeremiah Godwin's, to the land of James Benn, and from the said Benn's to the said Godwin's, for a man four pence, and for an horse four pence: On Rock Fish river, in the county of Albemarle, from the land of Thomas Joplin across the said river, for a man three pence, and for an horse three pence: On Patowmack river, from the land now in possession of John Posey, in the county of Fairfax, across the said river to the land of Thomas Marshall in Maryland; for a man one shilling, and for an horse

one shilling: On James river, from the land now in possession of Lewis Delony, in the county of Surry, across the said river, to the land of John Edloe, the elder, and from the said John Edloe's, to the land in possession of the said Lewis Delony, for a man seven pence halfpenny, and for an horse seven pence halfpenny: And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the places aforesaid, the ferry keeper may demand and take the rates following, that is to say, 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 of such chaise, as for four horses; for every two wheel chaise or chair, as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cattle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage of one horse; for every hog, one fourth of the ferriage of one horse, according to the prices herein before settled at such ferry, respectively, and no more.

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Tarlton Woodson, and every other person who shall be in possession of the neck of land in the county of Chesterfield, aforesaid, to erect and keep a gate on the road going through the said neck of land to the ferry to be kept from thence, any law, or custom to the contrary notwithstanding.

Hampshire county formed from Frederick, and part of Augusta.

CHAP. XIV.

An Act for adding part of the county and parish of Augusta, to the county and parish of Frederick, and for dividing the county and parish of Frederick, and the part of Augusta to be added thereto, into two counties and parishes.

I. WHEREAS part of the county and parish of Augusta, lies within the bounds of the territory or

tract of land, called the Northern Neck belonging to the right honourable Thomas Lord Fairfax, Baron of Cameron; and it will be more convenient if the dividing line between the said territory, and the other part of this colony, be established as the line of the said county, and that part of the said county be added to the county and parish of Frederick. And whereas the said county and parish of Frederick, are of a very long and large extent, and inconvenient to the inhabitants thereof.

II. BE it enacted by the Lieutenant Governor, Counsil, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That on the first day of May, next ensuing, all that part of the county of Augusta, which lies within the bounds of the Northern Neck, be added to, and made part of the county of Frederick; and that from and immediately after the said first day of May, the said county of Frederick, and the said part of the county of Augusta so to be added to, and made part of the county of Frederick as aforesaid, be divided into two counties; and that all that part thereof, lying to the westward of the ridge of mountains, commonly called and known by the names of the Great North, or Cape Capon mountain, and Warin Spring mountain, extending to Potomack river, be one distinct county, and called and known by the name of Hampshire; and all that other part thereof, lying to the eastward of the said ridge of mountains, be one other distinct county, and retain the name of Frederick.

III. And for the due administration of justice in the said county of Hampshire, after the same shall take place, Be it enacted by the authority aforesaid, That after the said first day of May, a court for the said county of Hampshire, be constantly held by the justices thereof, upon the second Tuesday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed.

IV. And be it further enacted, by the authority aforesaid, That all that part of the parish of Augusta, in the county of Augusta, which after the division aforesaid, will lie within the said counties of Frederick and Hampshire, shall be added to, and made part of the parish of Frederick.

V. Provided always, That nothing herein contained shall be construed to hinder the sheriffs or col

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lectors of the said counties of Augusta and Frederick, or the collectors of the parish of Augusta, in the county of Augusta, as the same now stand intire and undivided from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of that part of the county of Augusta to be added to the county of Frederick as aforesaid, and the inhabitants of the said county of Hampshire, respectively, at the time the same shall take place; but such sheriff or collectors respectively, shall have the same power to collect and distrain for the said fees and dues, as if this act had never been made.

VI. Provided also, That the courts of the said counties of Augusta and Frederick, shall have jurisdiction of all actions and suits, both in law and equity, depending before them, respectively, at the time the said division shall take place, and shall try and determine such actions and suits, and issue process, and award execution against the body or estate of the defendant or defendants in any such action or suit, in the same manner as if this act had not been made, any law, usage, or custom to the contrary, in any wise notwithstanding.

VII. And be it further enacted, That from and after the first day of May, which shall be in the year of our Lord, one thousand seven hundred and fifty six, the said parish of Frederick, shall be divided into two distinct parishes, by the line dividing the said county of Frederick, from the said county of Hampshire, and that all that part of the said parish of Frederick, which, after such division, will lie within the said county of Frederick, shall retain the name of the parish of Frederick; and all the other part thereof, shall be called and known by the name of the parish of Hampshire.

VIII. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said parish of Frederick, as the same now stands undivided, to make distress for any levies or other dues which shall be duc from the inhabitants of the said parish of Hampshire, after the said first day of May, one thousand seven hundred and fifty six.

IX. And be it further enacted, by the authority aforesaid, That the freeholders and house keepers of the said parish of Hampshire, shall meet at some convenient time and place, to be appointed and publickly