under the hands and seals of any two or more of them; thereby commanding such sheriffs, under-sheriffs, and Constables, as aforesaid, every, or any of them, to make, or cause search to be made, within their respective counties and corporations, for all such persons as they can find, who are, or shall appear to them to be within the description of this act; and to bring before the said justices all such persons: And in case the said justices, hereby authorized and impowered to put this act in execution, upon examination of the person or persons so brought before them, shall judge them, or any of them, to be such as are hereby intended to be entertained in his majesty's service on this expedition, they shall immediately list him or them as soldiers; and the said justices are hereby authorized and required, by warrant under the hands and seals of any two or more of them, to cause the person or persons so enlisted, to be delivered to such officer or officers, who are hereby required to give a receipt for such person or persons so delivered to him; which receipt shall be returned to the said justices, and by them transmitted to the governor, or commander in chief for the time being. this act III. Provided always, That nothing in this act who may contained shall extend to the taking or levying any not be inlist person to serve as a soldier, who hath any vote in the ed under election of a Burgess or Burgesses to serve in the General Assembly of this colony, or who is, or shall be an indented or bought servant, or any person under the age of twenty one years, or above the age of fifty years. IV. And be it further enacted by the authority afore- Their pay. said, That the pay of every soldier enlisted by virtue of this act, shall commence from the time of his being taken, and delivered to such officer or officers appointed or impowered to enlist men, and such soldier shall receive the same rewards as any other enlisted soldier.. V. And be it further enacted, by the authority afore- Their supsaid, That if any person or persons enlisted by vir- port if wountue of this act, shall be so maimed or wounded, as to ded. be rendered incapable of maintaining themselves, they shall, upon their return, be supported at the public expence. VI. And be it further enacted, That this act, as to Continuso much thereof, as relates to the raising and levying ance. men, shall continue and be in force, from and after the passing thereof, during the term of one year and no longer. Burgesses ble in mo ney. CHAP. III. An Act for paying the Burgesses wages in money for this present session of Assembly. I. WHEREAS by one act of Assembly made in the wages paya- third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's accounts it should appear, that there are monies sufficient, in his hands, to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, saving and reserving in the hands of the treasurer over and above the said payment a balance of one thousand five hundred pounds at the least, then every Burgess elected, and serving for a county or corporation within this dominion, should be paid out of the public money the sum of ten shillings for each day he should serve in the house of Burgesses, with such further allowances, and under such restrictions and regulations as in the said act is at large directed. And whereas by reason of the low circumstances of the treasury, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act, and the payment of the said wages in money will be a great ease to the · poorer sort of people, by lessening the levy by the poll. II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgessess, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the Burgesses wages for this present session of Assembly, shall be paid by the treasurer on the twenty fifth day of October, in the year of our lord, one thou sand seven hundred and fifty six, out of the public money then in his hands, according to the directions and regulations in the said recited act, mentioned, any thing in the said act, to the contrary thereof in anywise, notwithstanding. CHAP. IV. An Act for adding part of the counties of Albemarle and Lunenburg, to the county of Bedford. of the I. WHEREAS the counties of Albemarle, Lunenburg, and Bedford, are at present very inconvenient-counties of ly situated; and it would be a great relief to the in- Albemarle habitants of the said counties, if part of the said coun- and Lunenties of Albemarle and Lunenburgh, were added to the burg added county of Bedford: to the county of Bed II. BE it therefore enacted, by the Lieutenant Go- ford. vernor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the first day of January now next ensuing, all that part of the county of Albemarle, on the south side of James river, that lies above the head of Falling river, and from thence a direct course to the mouth of Stonewall creek, on James river; and all that part of the county of Lunenburg, that lies to the westward of a line to be run from the mouth of Falling river, north, twenty degrees east, to intersect the line of Prince Edward county, shall be added to, and deemed part of the county of Bedford. III. Provided always, That nothing herein contained shall be construed to hinder the sheriffs of the said counties of Albemarle and Lunenburg, as the same now stand entire, from collecting or making distress in their respective counties, for any public or county levies, or any other dues that they are by law now enabled to collect, and which shall on the said first day of January, remain unpaid by the inhabitants of those parts of the counties of Albemarle and Lunenburg, FFF-Vol. 6. Parish of which are hereby added to the county of Bedford; but the said sheriffs in their respective counties, shall have the same power to collect and distrain for such levies and dues, and shall be accountable for them in the same manner as if this act had never been made. IV. And whereas by one act act of Assembly made in the twenty seventh year of his majesty's reign, intituled, An act for dividing the county of Lunenburg, and parish of Cumberland, and for altering the court day in the county of Halifax, it was amongst other things enacted, that from and after the tenth day of May, that should be in the year of our Lord one thousand seven hundred and fifty six, the parish of Cumberland, in the said county of Lunenburg, should be divided into two distinct parishes; and that all that part of the said parish that should be in the county of Bedford, should be a distinct parish, and thereafter called and known by the name of Russel, and that the freeholders and housekeepers of the said parish of Russel, should some time before the tenth day of July, one thousand seven hundred and fifty six, meet and elect a vestry of the said parish. V. And whereas it will be more convenient that the whole county of Bedford should be included in one parish, to take place before the said tenth day of May, County, new and that the vestry should be sooner elected; Be it ly modelled. therefore enacted by the authority aforesaid, That from and after the said first day of January, the said parish of Cumberland, in the said county of Lunenburg, shall be divided into two distinct parishes, according to the directions in the before recited act. That all that part of the county of Albemarle, and of the county of Lunenburg, which are hereby added to the county of Bedford, shall be, and are hereby added to the said parish of Russel, and that the freeholders and housekeepers of the said parish of Russel, shall at some convenient time and place, on or before the first day of May next, meet and elect twelve of the most able and discreet persons of the said parish, to be vestrymen thereof, who being elected and qualified in the manner by the forementioned act directed. shall to all intents and purposes be deemed and taken to be vestrymen of the said parish. CHAP. V. An Act for vesting seven hundred acres of land, with the appurtenances, lying on Cherristone's creek, in the parish of Hungar's, and county of Northampton, in Latticton Eyre, gent. in fee-simple. Certain lands Littleton Eyre. 1. WHEREAS William Kendall, formerly of the county of Northampton, now deceased, being seised in Northin fee simple, among other lands, of seven hundred ampton, acres, lying and being on Cherristone's creek in the vested in parish of Hungar's, in the said county, did, by deed of gift, bearing date the first day of August, one thousand six hundred and eighty five, in consideration of the love and affection that he bore to his well beloved son in law, Hancock Lee, and his dearly beloved daughter Mary his wife, and in consideration of five shillings sterling, give, grant, assign, and confirm to the said Hancock Lee, and Mary his wife, the said seven hundred acres of land, to hold to the said Hancock Lee, and Mary his wife, during their natural lives, and to the survivor of them; and after their decease to his grand daughter Anna Lee, daughter of the said Hancock and Mary, and the heirs male of her body, lawfully begotten, for ever, with divers limitations and remainders over, in case of failure of such issue. And whereas the said Anna Lee, after the death of her said father and mother, entered into the said sven hundred acres of land, and became thereof seised in tail male, and being so seised, intermarried with one William Armistead, now deceased, and had issue by him John Armistead, now also deceased, her eldest son and heir at law, who left issue John Armistead, of the county of Gloucester, gentleman, his eldest son and heir at law, who after the death of the said Anna, his grandmother, will be entitled to the said seven hundred acres of land in tail male. And whereas the said John Armistead, the father, by his last will and testament in writing, bearing date the ninth day of April, in the year of our Lord one thousand seven hundred and thirty four, did give and devise to his daughter Susanna, six hundred |