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CHAP. III.

An act for further continuing and amending the act, intituled An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned.

fees further continued.

WHEREAS the act of the general assembly, made Act for bet. in the nineteenth year of the reign of his late majesty ing and col ter regulatking George the second, intituled An act for the better re- lecting cergulating and collecting certain officers fees, and for other tain officers purposes therein mentioned, which hath been continued by several acts, and amended by three acts in the first, third, and seventh years of his present majesty's reign, will expire on the twelfth day of April, one thousand seven hundred and sixty-nine; and it being necessary that the same should be further continued, and the alternative of paying either money or tobacco, for officers fees allowed by the said act made in the first year of the reign of his present majesty, extended to tobacco due for the attendance of witnesses in civil suits: Be it therefore enacted, by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said reci ted acts shall continue, and be in force from and after the said twelfth day of April, one thousand seven hundred and sixty-nine, for and during the term of one year, and no longer.

And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any person or persons, from whom any tobacco is or shall be due, for the attendance of a witness or witnesses, in any action or suit, to pay and satisfy the same, either in tobacco or in money at the rate of sixteen shillings and eight pence for every hundred pounds of tobacco, and so in proportion for a greater or lesser quantity, at the option of the payer; and that the like option be allowed to the debtor in paying the tobacco costs, taxed in any judgment or execution.

Court day of Goochland county altered.

CHAP. IV.

An act for altering the court day of the county of Goochland.

WHEREAS it is represented that the court day of the county of Goochland is inconvenient, as well to the justices and attorneys, as the merchants and others who are obliged to attend the same: Be it therefore enacted, by the President, 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 June next, the court for the said county of Goochland, shall be constantly held on the third Monday in every month; any law, usage, or custom, to the contrary, thereof in any wise notwithstanding.

Ferry across

the Fluvan

na river, from Wil

liam Cabell's

to lower point of Wood's island dis

CHAP. V.

An act to repeal so much of an act, intituled An act for appointing several new ferries, as relates to the ferry across the Fluvanna river, from and to the lands of William Cabell, gentleman.

WHEREAS by an act passed in the first year of the reign of his present majesty, intituled An act for appointing several new ferries, a ferry was established from the land of William Cabell, gentleman, on the north side Fluvanna river, opposite to the lower point of Wood's Island, in the county of Albemarle, to the land of the said Cabell on the south side of the said river, at a continued. place called Hugh's valley; which ferry hath hitherto been kept by William Cabell, the younger, gentleman, to whom the lands on the north side of the said river, now in the county of Amherst, belong: And whereas, by the appointment of other ferries in the neighbourhood, the said ferry is become of no use to the public, and the keeping boats and hands, as well as the public

road leading to the same, through the lands of the said William Cabell, the younger, is burthensome to him: Be it therefore enacted, by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That so much of the said recited act of assembly as relates to the keeping a ferry across the Fluvanna river, at the place aforesaid, be, and the same is hereby repealed.

CHAP. VI.

An act to dock the entail of certain lands, whereof James Roscow is seized, and for settling slaves, to be purchased in lieu thereof.

WHEREAS William Roscow, formerly of the coun

cow is seized

ty of Warwick, gentleman, was in his life time, and at Entail of cer the time of his death, seized in fee simple of and in a tain lands tract of land, situate in the parish of Warwick, and whereof county of Warwick, and containing about seven hun- James Rosdred acres; and being so seized, he the said William docked. Roscow in and by his last will and testament, in writing, bearing date the thirtieth day of January, one thousand seven hundred, did, among other things, devise the said land (now called Derby's) by the description of all the lands he purchassd of Mr. Langhorne, on the east side of Waters's creek, adjoining* ley's land, unto his son William Roscow; but did further direct his wife was then big with proved a son, the said lands divided between such son and the said William, and the hei fully begotten; and if either of his said sons should die before they came of age, then the whole lands should go to the survivor, as by the said will may more fully appear: And whereas after the death of the said testator, his wife was delivered of a son by him named Willis Roscow, who afterwards died under age, and without issue, whereby the whole of the said lands came to the said William Roscow, the younger, who entered into the same, and died seized thereof leaving

* A small part of the original torn off where the blanks occur.

issue several sons, all of whom are since dead, without issue, except James Roscow, gentleman, the only surviving son and heir of the body of the said William, who is now seized of the said lands, and of divers other tracts of land in fee tail, under the wills of his said father and grandfather; and having no slaves to cultivate the same, it would be to the advantage of the said James Roscow, or those succeeding to the said estate, if the said land, called Derby's, was allowed to be sold, and the money laid out in the purchase of slaves, to be annexed to his other entailed lands. And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Warwick, that application would be made to this present general assembly for an act to dock the entail of the said lands, and to settle slaves in lieu thereof, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said James Roscow, that it may be enacted, And be it enacted by the President, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said tract of land called Derby's, containing about seven hundred acres, and so purchased by the said William Roscow, the elder, of Mr. Langhorne, be the same more or less, shall be, and the same is hereby vested in Burwell Basset, Wilson Miles Cary, William Daingerfield, William Biers, and Jerman Baker, gentlemen, the survivors or survivor of them; In Trust, that they, or any three of them, shall sell the said land for the best price that can be got for the same, and on payment of the purchase money, shall, by good and sufficient deed or deeds, convey the said land to the purchaser or purchasers, in fee simple, who shall from thenceforth hold and enjoy the same, discharged of the limitations in the will of the said William Roscow, the elder.

And be it further enacted, That the money arising by the sale of the said lands, shall be, by the said trustees, or any three of them, or their survivors, as soon as conveniently may be, fairly laid out in the purchase of slaves, of which one half at least to be females; and the said trustees shall cause the slaves so to be purchased, to be conveyed to the said James Roscow, by sufficient deed or deeds, wherein this act, together with the names and sexes of the said slaves, shall be recited; and which deed or deeds shall be recorded in the general

court, or in the court of the said county of Warwick; and from thenceforth the said slaves, with their future increase, shall descend, pass, and go, to the said James Roscow, and the heirs of his body, and to such other person or persons, as the said lands called Derby's would have descended and come to, by virtue of the limitations in the will of the said William Roscow, the elder, if this act had never been made.

Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, their respective heirs and successors, other than the persons claiming under the will of the said William Roscow, the elder all such estate, right, title, and interest, as they, every, or any of them, could or might have claimed if this act had never been made.

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

CHAP. VII.

An act for the ease of the people, by paying the Burgesses wages in money, for this present session of assembly.

ble in mo

WHEREAS by one act of assembly, passed in the Burgesses third and fourth years of the reign of king George the wages payasecond, intituled An act for the better regulating the ney. payment of the Burgesses wages, the Burgesses are intitled to receive the sum of ten shillings current money for each day they 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, provided there be a balance at least of fifteen hundred pounds, saved and reserved in the hands of the treasurer: And whereas it appears there is not money sufficient in the treasurer's hands to pay the said wages for this session, leaving the balance aforesaid, according to the directions of the said act: Nevertheless, as it

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