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CHAP. XVI.

..in let for dividing the county of Lunenburg, and parish of Cumberland, and for altering the court-day in the county of

Halifaa.

I, WHEREAS many inconveniences attend the in-tunenbur habitants of the county of Lunenburg, by reason of only . the extent thereof, and the said inhabitants have pe-ded. titioned this General Assembly that the said county . may be divided. II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General ds- medford sembly, and it is hereby enacted by the authority of the county form. same, That from and immediately after the tenth day ed. of May next ensuing, the said county of Lunenburg be divided, from the mouth of Falling-river, up the said river to the fork, thence up that fork, running by John Beard's to the head, thence by a line to be run from the head thereof north, twenty degrees east, to the line dividing the said county from the county of Albemarle; and all that part of the said county of Lunenburg, which lies on the upper side of the said river, and line to be run as aforesaid, shall be one distinct county, and called and known by the name of Bedford; and that all the other part of the said county of Lunenburg, shall be one other distinct county, and retain the name of Lunenburg. III. And for the due administration of justice in the said county of Bedford, after the same shall take place, Be it enacted by the authority aforesaid, That after the said tenth day of May, a court for the said county of Bedford, be constantly held by the justices thereof, upon the fourth Monday in every month, in such man; ner as by the laws of this colony is provided, and shall be by their commissions directed. IV. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Lunenburg, as the same now is entire and undivided, from collecting and making distress for any public dues or officers fees, which shall

Parish of Cumberland in Bedford county divided and Russel parish formed.

remain unpaid by the inhabitants of Bedford, at the
time of its taking place; but such sheriff or collector
shall have the same power to collect or distrain for
the said dues and fees, and shall be answerable for
them in the same manner, as if this act had never been
made, any law, custom, or usage to the contrary there-
of, in anywise notwithstanding.
V. And be it further enacted, by the authority afore-
said, That the court of the said county of Lunenburg
shall have 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 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 never been made, any law, custom, or usage to
the contrary thereof, in anywise notwithstanding.
VI. And whereas the said county of Lunenburg, as
it now stands entire and undivided, is indebted to sun-
dry persons in divers sums of money; and also there
are due and owing to the said county divers sums of
money, and quantities of tobacco which have been
heretofore, and will be this year levied upon the tith-
able persons of the said county, for paying the debts,
and defraying the contingent charges thereof; Be it
therefore enacted by the authority aforesaid, That John
Payne, and Matthew Talbot, the elder, gentlemen, of
the county of Bedford, and Peter Fontaine, the young-
er, and Lyddal Bacon, gentlemen, of the county of
Lunenburg, be hereby authorised and impowered to
demand and receive of all and every person and per-
sons indebted to the said county of Lunenburg, as it
now stands entire and undivided, all debts and dues
owing to them, and the same when by them received to
apply in discharge of the several debts due and owing
therefrom; and the overplus, if any, shall pay and sa-
tisfy to the justices of the said counties of Lunenburg
and Bedford, in proportion to the tithables in each of
the said counties, to be by them applied towards les-
sening the levies of the said counties, respectively.
VII. And whereas by reason of the great length of
the parish of Cumberland, in the county of Lunenburg,
the inhabitants of that parish do lie under divers in-
conveniencies, Be it therefore enacted by the authority
aforesaid, That from and after the tenth day of May,

which shall be in the year of our lord one thousand seven hundred and fifty six, the said parish of Cumberland shall be divided into two distinct parishes, and all that part of the said parish, that shall be in the county of Bedford, shall be one distinct parish, and thereafter called and known by the name of Russel. VIII. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of Russel, shall meet at some convenient time and place, to be appointed, and publickly advertised, at least one month before, by the sheriff of the said county of Bedford, before the tenth day of July, one thousand seven hundred and fifty six, and then and there elect twelve of the most able and discreet persons of the said parish, to be vestrymen thereof; which said persons, so elected, having in the court of the said county of Bedford, taken and subscribed the oaths appointed to be taken by one act of Parliament, made in the first year of the reign of his 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 conforamble to the doctrine and discipline of the church of England, shall to all intents and purposes be deemed and taken to be the vestrymen of the said parish. IX. And be it further enacted by the authority aforesaid, That upon the death, removal, or resignation of any of the said vestrymen, the remaining vestrymen shall be, and they are hereby impowered to choose and elect another vestryman, in the room of such vestryman so dying, removing, or resigning. X. And whereas the court-day for the county of Halifax, as it is now settled, is found to be very inconvenient as well to the inhabitants of the said county, as to others who are obliged to attend business at that court; Therefore, for rendering the same more

convenient, Be it enacted by the authority aforsaid, .

That from and after the tenth day of May next, the court of the said county of Halifax, be constantly held on the third Thursday in every month, any law, custom, or usage to the contrary, notwithstanding.

Surry county divided.

Sussex county formed.

CHAP. XVII.

..in let for dividing the county of Surry, and adding part of the parish of .lubemarle, to the parish of Southwark.

I. WHEREAS many inconveniencies attend the inhabitants of the county of Surry, by reason of the large extent thereof, and they have petitioned this General Assembly that the said county may be divided.

II. BE it therefore enacted by the Lieutenant Governor, Council, and Burgesses, of this present General issembly, and t is hereby enacted, by the authority of the same, That from and immediately after the first day of February next, the said county of Surry be divided into two counties, and that all that part of the said county, which lies on James river, and on the inner or lower side of the bounds herein after mentioned, that is to say, beginning at Seacock swamp, on the line dividing the said county of Surry, from the county of Southampton; thence a straight course to Black water, at the mouth of Coppohank, and up Black water to the line dividing the said county of Surry, from the county of Prince George, shall be one distinct county, and retain the name of Surry; and that all the other part of the said county of Surry, shall be one other distinct county, and called and known by the name of Sussex. III. And for the due administration of justice in the said county of Sussex, after the same shall take place,

Be it enacted by the authority aforesaid, That after the

said first day of February, a court for the said county
of Sussex, be constantly held by the justices thereof,
on the second Monday in every month, in such man-
ner as by the laws of this colony is provided, and shall
be by their commissions directed.
IV. Provided always, That nothing herein con-
tained shall be construed to hinder the sheriff or col-
lector of the said county of Surry, as the same now

stands entire and undivided, from collecting and ma

king distress for any public dues or officers fees which shall remain unpaid by the inhabitants of Sussex, at

N

the time of its taking place; but such sheriff vor collector, shall have the same power to collét} or distrain for the said dues and fees, and shall be oswerable for them in the same manner as if this act had never been made, any law, custom, or usage to the contrary thereof in any wise, notwithstanding.

V. And be it further enacted, by the authority aforesaid, That from and innediately after the first day of February next, all that part of the parish of Albemarle, in the county of Surry, which lies on the inner or lower side of the bounds above mentioned for dividing the said county of Surry, shall be added to, and is hereby made part of the parish of Southwark, in the said county of Surry.

VI. Provided always, That nothing herein contained, shall be construed to hinder the collector of the said parish of Albemarle, 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 part of the parish of Albemarle, at the time of its becoming part of the said parish of Southwark; but such collector shall have the same power to collect and distrain for such parish levies, and shall be answerable for them in the same manner as if this act had not been made, any law, custom, or usage to the contrary thereof, in any wise, notwithstanding.

VII. And whereas by reason of the great number of bridges in the said county of Sussex, which are now maintained at the charge of the said county of Surry, the levy of the said county of Sussex, by reason of the said division, will be greatly increased, Be it further elucted by the authority aforesaid, That all such money and tobacco, as shall be due and owing to the said county of Surry, at the time the said division shall take place, shall thereupon be vested in the justices of the said county of Sussex, and their successors, to and for the uses following, that is to say, therewith to pay and satisfy all such debts and dues as shall be owing from the said county of Surry, before the said division shall take place, and the residue, if any, to be by them applied in defraying the contingent charges of the said county of Sussex.

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