want of such heirs, to any one proving themselves to be of the name of Withers, as by the said will may more fally appear, and died so seised; and the said William Withers, died in this colony, soon after the said testator John Withers, without issue male, hav ing never been married: And the said Thomas Withers, in the will aforesaid named, afterwards departed this life in England, leaving issue Edmund Withers, his eldest son and heir male, who also died in England, leaving his brother William Withers, another son of the said Thomas Withers his heir male; and the said William Withers last named, also died in England, leasing issue Thomas Withers, his eldest son and heir male, who also died there, leaving issue William Withers, his eldest son, and heir male of his body. And whereas the said Sarah Withers, the daughter and devisee of the said John Withers, in the will aforesaid named, after the death of her said father, entered into the said tract or parcel of land, called Chotank. and afterwards intermarried with one Christopher Conoway, and after the death of her said husband, by her certain indentures of lease and release, bearing date respectively, the twelfth and thirteenth days of June, one thousand seven hundred and twenty seven, for the considerations therein mentioned, did sell and convey the said tract or parcel of land, called Chotank, to Augustine Washington, late of the county of King George, now deceased, and to his heirs and assigns for ever; and the said Augustine Washington, entered into the said tract or parcel of land, called Chotank, and by his last will and testament in writing, bearing date the eleventh day of April, one thousand seven hundred and forty three, devised the same to his son Samuel Washington, now an infant, and his heirs; and by his said will directed, that if the said land, called Chotank, should be recovered from the said Samuel Washington, that then he should have an equivalent out of the estate by the said will devised to his son Augustine Washington, as by the said will may more fully appear. And whereas several disputes and controversies have arisen between the said William Withers and Samuel Washington, concerning their respective rights to the said five hundred and thirty three acres of land, called Chotank, after the death of the said Conoway, who is still liv ing, the said William Withers claiming the same as

heir male under the aforesaid will of the said John Withers, and the said Samuel Weshington insisting that he hath the right to the said land, under the aforementioned deeds of the said Sarah Conoway, and the said in part recited will of the said Augustine Washington, and the said disputes and controversies, concerning the title to the said lands, will be very tedious and expensive, as the witnesses, to prove the pedigree of the said William Withers, are ancient and infirm, and most of them live in Great Britain; whereupon it hath been agreed between the said William Withers, and the said Augustine Washington, who is desirous to secure a title to the said Samuel Washington, as by the will of his said father Augustine Washington, he ought to do, for the final ending, settling and determining the said disputes and controversies, that the said William Withers, for, and in consideration of the sum of six hundred pounds current money of this colony, to be paid to him by the Said Augustine Washington, with interest thereon, from the twentieth day of May, one thousand seven hundred and fifty four, would convey to the said Samuel Washington, and to his heirs, all his estate. right, title, and interest of, in and to the said five hundred and thu ty three acres of land, called Chotank, after the death of the said Sarah Conoway, And whereas the said William Withers and Augustine Washington, have applied to this General Assembly, for an act to confirm and establish the said agreement, having made publication of their design, three Sundays successively, in the churches of the said parish of St. Paul, where the said five hundred and thirty three acres do lie; and forasmuch as the same is very just and reasonable: May it please your most excellent majesty, for preventing all further disputes and controversies, be tween the said William Withers and Samuel Washington, and their heirs, touching the right of the said five hundred and thirty three acres of land, called Chotank, with the appurtenances, at the humble suit of the said William Withers and Augustine Washington, that it may be enacted:

II. And be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present Genera! Assembly, and it is hereby enacted, by the authority of the same, That the agreement above mentioned, between the said parties, be, and is hereby confirmed and es

tablished, and shall ever hereafter be valid and binding between them, and their heirs, and all others claiming under the aforesaid will of the said John Withers.

III. And be it further enacted, by the authority aforesaid, That the said Augustine Washington, shall, within eighteen months, after the passing this act, pay and satisfy to the said William Withers, the sum of six hundred pounds, with interest thereon, from the twentieth day of May, one thousand seven hundred and fifty four, and the said William Withers, shall immediately thereupon seal and deliver to the said Samuel Washington, one or more good and sufficient conveyance or conveyances in the law for conveying the absolute and fee-simple estate and inheritance of the said five hundred and thirty three acres of land, to the said Samuel Washington, his heirs and assigns for ever; and thereupon the said five hundred and thirty three acres of land, shall be held, possessed, and enjoyed, by the said Samuel Washington, under the restrictions, and according to the intent of the said Augustine Washington in his will aforesaid specified.

IV. Saving to the king's most excellent majesty, his heirs and successors, and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, interest, claim and demand, of, in, and to the said five bundred and thirty three acres of land, called Chotank, other than the persons claiming under the will aforesaid, of the said John Withers, as they, every, or any of them, should or might claim, if this act had never been made.

V. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof shall be obtained,

CHAP. XXIII.

An Act for dissolving the present vestry of the parish of Cople, and electing a new vestry for the said parish.

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I. WHEREAS it is represented to this Assembly, Vestry of pa that several persons for many years past, have act- rish of Copl ed, and still continue to act, as vestrymen of the pa- moreland rish of Cople, in the county of Westmoreland, who are not duly elected for that office; for remedy where- solved. of,

II. 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 the vestry or pretended vestry of the said parish of Cople, is hereby dissolved, and that all and every act and acts, thing and things, which at any time or times hereafter, shall or may be performed, suffered or done by them as a vestry or pretended vestry of the said parish, shall be, and are hereby declared to be utterly void to all intents and purposes whatsoever.

III. Provided always, That all and every levy and levies heretofore laid, and all and every other act and acts, thing and things, by the said vestry or pretended vestry done or suffered, shall be good, valid, and effectual, in as full and ample a manner, as the same would have been, if the said vestry had been duly elected.

IV. And be it further enacted by the authority aforesaid, That the freeholders and housekeepers of the said parish of Cople, shall meet at some convenient time and place, to be appointed and publicly advertised at least twenty days before, by the sheriff of the said County of Westmoreland, before the twentieth day of July next, and then and there, elect twelve of the most able and discreet persons of their parish, to be vestrymen of the said parish; which said vestrymen so elected, having taken the oaths appointed by law, and 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 vestrymen of the said parish.

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CHAP. XXIV.

An Act for dissolving the vestry of the upper parish in the county of Nansemond.

I. WHEREAS it hath been represented to this upper parish Assembly, by several of the vestrymen and others of the upper parish, in the county of Nansemond, that ty dissolved. many of the vestrymen of the said parish are old and infirm, and thereby rendered unable to perform their duty, and that others of the said vestry have refused to act as vestrymen, and have prayed to be dissolved:

II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General issembly, and it is hereby enacted by the authority of the same, That the vestry of the said upper parish be, and it is hereby dissolved, and that all and every act and acts, thing and things, which at any time or times hereafter shall or may be performed, suffered, or done by them, as a vestry of the said parish, shall be void and of none effect.

III. And be it further enacted by the authority aforesaid, That the freeholders and housekeepers of the said upper parish, shall meet at some convenient time and place, to be appointed and publicly advertised, at least one month before, by the sheriff of the said county of Nansemond, before the first day of August next, and then and there, elect twelve of the most able and discreet persons of the said parish, to be vestrymen of the said parish; which said vestrymen so elected, having taken the oaths appointed by law, and 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 vestrymen of the said parish; and that upon the death, removal out of the parish, resignation or refusal to act, of any of the vestrymen of the said parish, the minister and rest of the vestry make choice of some other able snd discreet person or persons of the said parish, to supply his or their room.

IV. And whereas by an act of the General Assembly, made in the twenty fifth year of the reign of his present majesty, intituled, An act to enable the vestry of the upper parish in Nanscmond county, to sell cer