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Salary of speaker of house of burgesses.

CHAP. XXXVIII.

An Act for giving a salary to the
Speaker of the House of Burgesses.

1. WHEREAS it has been thought expedient that the offices of Speaker of the House of Burgesses and Treasurer of this colony should be separated, by which means the Speaker is deprived of that provision which was formerly allowed by the emoluments arising from the treasury, whilst the said offices continued united: And whereas it is necessary, in order to support the dignity of the said office, and enable the Speaker to employ his time in the service of his country, that a proper allowance should be made im: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the treasurer of this colony, out of the public money in his hands, do pay to Peyton Randolph, esq. speaker of the house of burgesses, or the speaker for the time being, the sum of six hundred and twenty-five pounds of current money of Virginia, to be paid at four equal payments; that is to say the sum of one hundred and fifty-six pounds and five shillings; on the sixth day of February next, and the like sum of one hundred and fifty-six pounds and five shillings, on the sixth day of May next, and the like sum of one hundred and fifty-six pounds and five shillings, on the sixth day of August next, and the like sum of one hundred and fifty-six pounds and five shillings, on the sixth day of November next, respectively, and so annually during the continuation of this present general assembly, and in case of a dissolution thereof, until the meeting of the succeeding assembly.

II. And it is hereby further enacted, by the authority aforesaid, That the governor or commander in chief for the time being, is hereby empowered and desired to issue his warrant, directed to the treasurer for the time being, for payment of the several sums aforesaid, as they shall become respectively due.

CHAP. XXXIX.

An act for continuing the act, intitu-▸ led An act for appointing a Trea

surer.

I. WHEREAS the act of assembly made in the se venth year of his present majesty's reign, intituled An act for appointing a treasurer, will expire at the end of this session of assembly; and it being expedient and necessary that the said act should be continued: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said 7 Geo. III. act of assembly shall continue and be in force from and cap. 13, conafter the expiration thereof, for and during the contin- tinued to the uance of this present general assembly, and after the dissolution thereof to the end of the next session of assembly, and no longer.

end of next

session.

CHAP. XL.

An act for dividing the county and parish of Augusta, and for adding certain islands, in the Fluvanna river, to the counties of Albemarle and Amherst.

1. WHEREAS many inconveniencies attend the in- Augusta habitants of the county and parish of Augusta, by rea- county divided, and son of the great extent thereof, and the said inhabitants Botetourt have petitioned this general assembly that the said formed. county and parish may be divided: Be it therefore enacted, by the 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 thirty-first day of January next ensuing, the said county and parish of Augusta be divided into two counties and parishes, by a line beginning at the Blue Ridge, run

ning north fifty-five degrees west, to the confluence of Mary's creek, or the south river, with the north branch of James river, thence up the same to the mouth of Carr's creek, thence up the said creek to the mountain, thence north fifty-five degrees west, as far as the courts Boundaries. of the two counties shall extend it; and that all that part of the said county and parish, which lies on the south side of the said line, shall be one distinct county and parish, and called and known by the name of Botetourt; and that all the other part thereof, which is on the north side of the said line, shall be one other distinct county and parish, and retain the name of Augusta. And for the due administration of justice in the said county and parish of Botetourt,

Court days.

II. Be it further enacted, by the authority aforesaid, That after the said thirty-first day of January, a court for the said county of Botetourt be constantly held, by the justices thereof, upon the second Tuesday in every month, in such manner as by the laws of this colony is provided, and shall be by their commissions directed.

III. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collec◄ tors of the said county and parish of Augusta, as the same now stands entire and undivided, from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of Botetourt 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, usage, or custom, to the contrary thereof, in any wise, notwithstanding.

IV. And be it further enacted, by the authority aforesaid, That the court of the said county of Augusta 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 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 whereas, by an act of the general assembly made in the first year of his present majesty's reign, intituled An act to continue and amend an act for the

better regulating and collecting certain officers fees, and for other purposes therein mentioned, the inhabitants of the said county of Augusta, as the same stands entire and undivided, are allowed to discharge all secretary's, clerks, and other officers fees, in the said county, at the rate of eight shillings and four pence for every hundred weight of gross tobacco; and it is reasonable that the same liberty should be granted to the inhabitants of the said county of Botetourt:

payable in

VI. Be it therefore enacted, by the authority aforesaid, Officers fees, That from and after the said thirty-first day of January in tobacco, next, the inhabitants of the said county of Botetourt money. shall discharge all fees due from them to the secretary, clerks, and other officers, in the said county, at the rate of eight shillings and four pence for every hundred weight of gross tobacco. And for the better ordering of all parochial affairs in the said parishes,

Botetourt.

VII. Be it further enacted, by the authority aforesaid, Parishes of That the vestry of the said parish of Augusta, as the Augusta and same now stands entire and undivided, be, and they are hereby declared to be dissolved; and the freeholders and housekeepers in the said parishes, respectively, shall meet at some convenient time and place, to be appointed, and publicly advertised by the respective sheriffs of the said counties of Augusta and Botetourt, before the first day of May next, and then and there elect twelve of the most able and discreet persons of their respective parishes; which persons, so elected, having, in their respective county courts, taken the oaths appointed to be taken 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 vestries of the said parishes respectively; which said vestries are hereby impowered and made capable to take, receive, and hold, any lands, tenements, or hereditaments, which shall be purchased or given as a glebe or glebes for the use of the minister of each parish respectively, for the time being, forever.

VIII. And be it further enacted, That if, upon the division of the said county and parish, any money shall be in hand, or due to the county or parish, as the same now is entire, such money shall be divided between the new counties and parishes, in proportion to the number of tithables in each, and by them applied towards lessening their respective levies; and if any money or tobacco shall happen to be levied this present year by

Inhabitants

the court of the said county of Augusta for repairs done, or to be made, to the court-house or prison, the money or tobacco, so levied, shall be proportioned and divided as aforesaid.

IX. And whereas the people situated on the waters of Botetourt, of the Mississippi, in the said county of Botetourt, will on waters of be very remote from their court-house, and must nepi, exempt- cessarily become a separate county, as soon as their ed from cer- numbers are sufficient, which will probably happen in

the Missisip

tain levies.

islands in

a short time: Be it further enacted, by the authority aforesaid, That the inhabitants of that part of the said county of Botetourt, which lies on the said waters, shall be exempted from the payment of any levies, to be laid by the said county court for the purpose of building a court-house and prison, for the said county.

X. And whereas the main branch of James river, Certain called the Fluvanna, from its confluence with Rock Fluvanna ri. fish river to the Blue Ridge of mountains, was, by forver annexed mer acts of assembly, made the division between the of Albemarle county of Amherst, on one side, and the counties of & Amherst. Buckingham and Bedford on the other, which Fluvan

to counties

na hath in it several small islands, and it is doubted whether the same be included in either, or which of the said counties: For settling the same,

XI. Be it further enacted, That all and every of the said islands shall be held, deemed, and taken, to be part of the said county of Amherst, and all other islands in the said river, adjacent to the county of Albemarle, shall be deemed and taken to be part of the said county of Albemarle; any thing in the said former acts, to the contrary, notwithstanding.

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