Parish of

ty divided, and parish of St. Pa

CHAP. XIX.

An Act for dividing the parish of Nottoway into two distinct parishes, and for other purposes therein mentioned.

I. WHEREAS by one act of Assembly made in the Nottoway, in twenty seventh year of his majesty's reign, the counAmelia coun- ty of Amelia was divided into two distinct counties; and all that part thereof which lay above a line to be run from Ward's Ford, on Appomattox river, to the trick formed. mouth of Snail's creck on Nottoway river, was erected into a new county, and called by the name of Prince Edward, but the same was not then separated from the parish of Nottoway. And whereas the inhabitants of the said county of Prince Edward have petitioned the present General Assembly, that the said county may be erected into a distinct parish, and that the parish of Nottoway may be obliged to refund to the said county of Prince Edward, when erected into a parish, a proportionable part of the tobacco levied for building two new churches, and of the money expended on the glebe land, the said churches and glebe being all in the lower part of the said parish of Nottoway;

II. Be it therefore 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 from and after the first day of September next, the said county of Prince Edward shall be a distinct parish, and called and known by the name of St. Patrick.

III. And be it further enacted, by the authority aforesaid, That the freeholders and housekeepers of the said parish of St. Patrick, shall meet at some convenient time and place, to be appointed and publicly advertised by the sheriff of the said county of Prince Edward, at least twenty days before the said first day of September next following, and then and there elect twelve of the most able and discreet persons of their parish, to be vestrymen thercof: which vestrymen, so elected, having in the court of the said county of Prince Edward, taken and subscribed the oaths appointed to be taken by one act of parliament, made in the first year of the reign of his 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 conformable to the doctrine and discipline of the church of England; shall, to all intents and purposes, be deemed and taken to be the vestry of the said parish. And upon the death, removal, or resignation of any of the 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; and that the remaining vestrymen of the said. - parish of Nottoway, choose and elect so many vestrymen in their parish, as will make up the number of vestrymen twelve.

IV. And be it further enacted by the authority aforesaid, That the vestry of the said parish of Nottoway, shall refund and pay to the vestry of the said parish of St. Patrick, one hundred and ninety seven pounds, fourteen shillings and six pence, to be levied for them in their next parish levy; and sixteen thousand, nine hundred and forty seven pounds of tobacco, in their parish levy, which shall be in the year of our Lord, one thousand seven hundred and fifty six, being their proportion for building the said two churches, and purchasing the glebe land, and building houses thereon, to be applied towards lessening the levy of the said parish of St. Patrick.

V. Provided always, That nothing herein contained shall be construed to hinder the collector of the said parish of Nottoway, as the same now stands undivided and entire, from collecting and making distress for any parish levies which shall remain unpaid by the inhabitants of the said parish of Saint Patrick, at the time of its taking place; but such collector shall have the same power to collect and distrain for the said levies, and shall be answerable for them in the same manner, as if this act had never been made, any law, usage, or custom to the eontrary, in any wise, notwithstanding.

VI. And whereas by one act of Assembly made in the twenty fifth year of his majesty's reign, the counO o o-Vol. 6.

ty of Lunenburg, and parish of Cumberland, were divided into two counties and parishes; and all that part lying on the south side of Black Water creek, and Staunton river, from the said Black Water creek, to the confluence of the said river with the river Dan, and from thence to Aaron's creek to the county line, was erected into a distinct county and parish, by the name of the county of Halifax, and parish of Antrim.

Vil. And whereas by one other act of Assembly made in the twenty seventh year of his majesty's reign, the said county of Lunenburg, and parish of Cumberland, were again divided into two counties and parishes, and all that part thereof that lay above Falling river, up the said river, to the 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 that county from the county of Albemarle, was erected into one other distinct county and parish, and called by the name of Bedford. and parish of Russel; and before the division thereof, according to the said two recited acts, the inhabitants of the parish of Cumberland, as the same stood undivided, had been at great expence in purchasing a glebe, and building churches, all which are in that part of the said parish, which retains the name of Cumberland.

VIII. And whereas before the divisions of the said county of Lunenburg, as aforesaid, large quantities of tobacco were levied in the books of the public proportion, for the use of the said county, as the same stood entire and undivided, that is to say, in the year one thousand seven hundred and forty eight, thirty nine thousand, one hundred and twenty eight pounds; in the year one thousand seven hundred and fifty two, forty three thousand, one hundred and fifty six pounds; and in the year one thousand seven hundred and fifty three, eight thousand one hundred pounds; amounting in the whole to ninety thousand, three hundred and eighty four pounds of nett tobacco, which ought to have been applied towards lessening the levy by the poll, in the said county, in the years in which the same were levied, respectively; But forasmuch as the same hath not been done, and it is reasonable that the said counties of Halifax and Bedford, should receive their proportionable part of the said tobacco, according to

the number of tithables in each of the said counties, at the time the said several quantities of tobacco were levied.

IX. Be it therefore enacted by the authority aforesaid, That Richard Bland, John Ruffin, John Jones, James Murray, and Richard Witton, or any three or more of them, be, and they are hereby appointed comm.issioners, to examine, state, and settle the accounts of all the tobacco which was levied in the book of the public proportion in the years aforesaid, for the use of the said county of Lunenburg, before the divisions thereof, and also the accounts of all the tobacco which was levied by the vestry of the said parish of Cumberland, before the divisions thereof, as aforesaid, for purchasing the said glebe, and building the said churches, and to apportion the same, according to the number of tithables in the said counties and parishes, respectively, at the time the said several quantities of tobacco were levied, the glebe purchased, and the churches built.

X. And be it further enacted, by the authority afore said, That the court of the said county of Lunenburg, and the vestry of the said parish of Cumberland, shall refund and pay to the courts of the said counties of Halifax and Bedford, and to the vestries of the said parishes of Antrim and Russel, respectively, their proportionable part of the said tobacco, as the same shall be settled by the said commissioners, to be applied towards lessening the levies of the said counties and parishes respectively.

CHAP. XX.

An Act for the relief of those persons who Edit. 1769, were sufferers in the loss of the records P. 328. of the county of Nansemond, whose cases have not already been provided for.

I. WHEREAS it was enacted, by one clause of the act made in the fifteenth year of his majesty's reign,

sufferers, by

Further pro- for the relief of certain persons who were sufferers in vision for the loss of the records of the county of Nansemond; that to the end other persons who had not been able records in to produce witnesses before the commissioners, apNansemond. pointed by a commission issued under the great seal of

the loss of

the colony, pursuant to the act of Assembly, made in the eighth year of his majesty's reign, intituled, An act for the relief of such persons as have suffered, or may suffer by the loss of the records of Nansemond County, lately consumed by fire, in relation to their deeds, and other evidences, which may have been lost among the records of the said county, one or other, or more commissions, should, and might be issued and continued by the governor and commander in chief of this colony, for the time being, for examining other witnesses, and perpetuating the testimony thereof, in relation to all deeds, wills, inventories, or other writings recorded in the said county court, where the original has been lost pursuant to the last mentioned act of Assembly, to be executed and returned, as in the said act is directed. And whereas pursuant thereto, a commission hath issued under the great scal of the colony, to John Milner, and nineteen others directed, who made a return of the said commission and their proceedings in the premisses, whereby it doth appear, that they have examined divers witnesses, and taken their depositions to a copy of John Grimes's will, which original will was burnt amongst the records of the said county, by which depositions it does appear, that the same is a true copy. And whereas pursuant to the directions of the said act of Assembly. another commission hath issued under the great seal of this colony, to William Baker, and twelve others directed, who made a return of the said commission and their proceedings in the premisses, whereby it doth appear, that they have examined divers witnesses, and taken their depositions to a deed made by Christopher Gewin, the younger, to Alexander Avera, by which depositions it doth appear, that the said Christopher Gewin, for a valuable consideration, sold to the said Alexander Avera, two hundred and sixty seven acres of land, lying and being situate in the upper parish of Nansemond county, which said land, the said Christopher purchased of one John Spivy, by deeds bearing date the second day of August, in the year of our Lord, one thousand seven hundred and