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CHAP. XVI.

An Act for dividing the county of Lunen

burg, and parish of Cumberland, and for altering the court-day in the county of Halifax.

I. WHEREAS many inconveniences attend the in

Lunenburg habitants of the county of Lunenburg, by reason of

county divi. the extent thereof, and the said inhabitants have pe- ded. titioned this General Assembly that the said county may be divided.

Il. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General As

Bedford sembly, and it is hereby enacted by the authority of the county formsame, That from and immediately after the tenth day ed. of vay next ensuing, the said county of Lunenburg be divided, froin 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.

II. 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 manner 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 enure and undivided, from collecting and making distress for any public dues or officers fees, which shall

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 aforesaid, 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 saine 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 sundry 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 tithable 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 younger, and Lyddal Bacon, gentlemen, of the county of Lunenburg, be hereby authorised and impowered to demand and receive of all and every person and persons 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 satisfy 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. Parish of

VII. And whereas by reason of the great length of Cumberland in Bedford the parish of Cumberland, in the county of Lunenburg, county divi- the inhabitants of that parish do lie under divers inded and Rus- conveniencies, Be it therefore enacted by the authority sel parish for

aforesaid, That from and after the tenth day of May,

med.

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.

VIN. 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.

CHAP. XVII.

An Act for dividing the county of Surry,

and aduling part of the parish of Albemarle, to the parish of Southwark.

Surry county I. WHEREAS many inconveniencies attend the divided

inbabitants 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 di

vided. Sussex coun

II. BE it therefore enacted by the Lieutenant Govern. ty formed. or, Council, and Burgesses, of this present General As

sembly, and it 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 linc 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 manner 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 Surry, as the same now stands entire and individed, from collecting and making distress for any public dues or officers fees which shall remain unpaid by the inhabitants of Sussex, at

the time of its taking place; but such sliertfor collector, shall have the same power to collet or distrain for the said dues and fees, and shall be answer. able 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 inmediately after the first day of February next, all that part of the parish of Albemarle, in the county of Surry, wbich 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 parisb 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 parislı 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 enacted 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.

Y Y-Vol. 6.

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