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undivided, to collect or make distress for any levies op other dues, which shall be due from the inhabitants of the said parish of Bath, after the same shall take place, in the same manner as by law they might have done, if this act had never been made; any thing herein contained, or any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.

CHAP. XXXII.

An Act, to vest certain entailed lands, parcel of a grea

ter tract therein mentioned, in George Braxton, the younger, in fee simple; and for settling other lands of greater value, to the same uses.

I.

of St. Stephen, and county of King and Queen, Certain entailed lands was, in his life time, seised in fce simple of, and in vested in

twelve hundred acres of land, with the appurtenances, George situate, lying, and being in the parish and county aforeBraxton.

said: And by his last will and testament, in writing, bearing date the tenth day of November, in the year of our lord, one thousand seven hundred and nine, devised the same by the name and description of his house, and dividend of land, whereon he then lived, to his son Ralph, conditionally, that he should no way alienate, or transfer the same, to any other use, than to the use or uses that should be by him the said testator, therein declared, and to his heirs of his body lawfully begotten, meaning his children present, or hereafter, to whom the right of inheritance of, in, and to the said land, should descend and go, in case they, or any of them, survive him, as in, and by the said will, may more fully and at large appear. And sometime afterwards, the said William Banks died, so as aforesaid seised; after whose death, the said Ralph Banks entered into the said land, with the appurtenances, so as aforesaid devised, and was thereof seised in fee tail, and died, so seised, sometime in or about the year of our lord, one thousand seven hundred and thirty five; after whose death, the said twelve hundred acres of land, with the appurtenances, descended and came to William Banks, as heir of the body of the said Ralph Banks, his father; which said last mentioned William Banks, lately bargained and sold four hundred and twenty acres, part thereof, to George Braxton, the younger, of the parish and county aforesaid, gentleman.

II. And whereas, the said last mentioned William Banks, is seised, in fce simple, of, and in one water grist-mill, and three hundred and ninety four acres of land, with the appartenances, in the parish of St. John, in the county of King William, which he is willing to settle to the same uses, as the before mentioned twelve hundred acres of land are settled, by the last will and testament of the first mentioned William Banks, his grandfather so as the fee simple estate of the said four hundred and twenty acres of land, with the appurteDances, may be confirmed to the said George Braxton. And forasmuch as the said water grist-mill, and three hundred and ninety four acres of land, in the county of King William, are of greater value than the said four hundred and twenty acres; and notice lias been published, three Sundays successively, in the church of the aforesaid parish of St. Stephen, that application would be marle to this General Assembly, to vest the said four hundred and twenty acres, with the appurtenances, in the said George Braxton, in fee simple, upon settling the said water grist mill, and three hundred and ninety four acres of land, to the same uscs as the said twelve hundred acres are settled, by the last will and testament of the said William Banks, pursuant to your majesty's instructions:

III. May it therefore please your most excellent majesty, at the humble suit of the said William Banks, son of the said Ralph Banks, and George Braxton, the younger, that it may be enacted, and be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said four hundred and twenty acres of land, with the appurtenances, parcel of the said twelve hundred acres, so as aforesaid devised, by the last will and testament of the said first mentioned William Banks, be, and are hereby vested, in the said George Braxton, the younger, his heirs and assigns, to the only use and behoof of him the said George Brax. ton, his heirs and assigns for ever: And that the said water grist-mill, and three hundred and ninety four acres, with the appurtenances, in the said county of King William, shall be, and are hereby vested, in the said William Banks, son of the said Ralph Banks, and the heirs of his body, lawfully begotten, for ever: And that he, and all and every person or persons whatsoever, who, by the last will and testament of the said William Banks, the testator, might have claimed the said four hundred and twenty acres of land, hereby vested in the said George Braxton, as aforesaid, shall, for ever hereafter, t:old and enjoy the said water gristmill, and three hundred aud ninety four acres of land, in the said county of King William, with the appurtenances, successively, one after another, as they might have claimed and held the said four hundred and twenty acres, if this act had never been made.

IV. 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 person or persons claiming the said four hundred and twenty acres of land, under the last will and testament of the said William Banks, the testator, all such right, title, estate, interest, claim, and demand, as they, every, or any of them should, or might have had, or claimed, if this act had never been made. Provided always, That the execution of this act shall be suspended, until his majesty's approbation thereof, shall be obtained.

CHAP. XXXIII.

An Act, to enable Frances Greenhill, to sell and dispose

of her lands, and other estate, by deed or will, notwithstanding her husband Joseph Greenhill shall happen to be living; and for other purposes therein mentioned.

1. V

I. HEREAS,Frances Greenhill,of the county of Urances Greenhill au. thorised to in the year of our Lord, one thousand seven hundred dispose of

and sixteen, intermarried with one Joseph Greenhill; certain lands and at the time of such marriage, was seised in fee, of

one tract or parcel of land, lying and being in the parish of Martin's-Brandon, in the county of Prince George, containing by estimation, nine hundred acres; and of one other parcel of land, lying and being in the parish of Albemarle, in the county of Surry, containing by estimation, four hundred acres: And was also possessed of a personal estate, to the value of two hundred pounds, and upwards.

II. And whereas, the said Joseph Greenhill, at the time of such marriage, was a person of no fortune, or circumstance; and in less than two years after the said marriage, left the said Frances, and departed out of this colony, having first spent and consumed great part of the personal estate brought him by the said Frances; and also contracted several debts, for satisfaction whereof, his creditors, after his departure, seised, and took in execution, the small remains left by him of the said personal estate; whereby the said Frances was reduced to the utmost misery and distress; and was obliged, for some time, to depend upon the charity and assistance of her friends, for her support. And the said Joseph Greenhill, about a year after his departure, wrote a letter to the said Frances, declaring that if she followed him, he would not receive her, or make any provision for her; and that he would never return to her, or look upon her as a wife.

III. And whereas the said Frances Greenhill, hath made humble suit, by petition, to this present General Assembly, setting forth the matters aforesaid; and that she had received no letter from the saiu Joseph Greenhill for these twenty years past, nor can arrive to any certain knowledge, whether he beliving, or dead: And also, that since her said husband's departure, she hath by her industry, and the assistance of her friends, been enabled to purchase a few slaves; and hath al90 acquired a small personal estate, tho' not sufficient to support her, in the decline of life, so comfortably as she might be supported, if she coulu dispose of her lands: But that no purchaser will treat with her, on account of the incertainty, whether her said husband be living or dead: And further setting forth, that in her present unhappy situation, she is exposed to many injuries, by trespasses on her lands, and otherwise; and that she has no child. And having great obligations of gratitude to her friends, who assisted her in her disa tress, she would be willing to give or leave the small estate she hath, or may have in possession, at her death, among them; which she is advised she cannot do, by

Dd-Vol. 5.

law, in case her said husband should happen to be livs ing, without an act of Assembly, to enable her so to do.

IV. And whereas, public notice bath been given, at the parish church of Brandon aforesaid, three Sundays successively, that application would be made, by the said Frances Greenhill, to this present General Assembly, that an act may pass for the purposes aforesaid, pursuant to his majesty's instructions; and no person appearing to oppose the same, and it appearing reasonable and just to this present General Assembly, that inasmuch as the said Joseph Greenhill hath been absent so many years, and hath utterly neglected and refused to make any provision for the maintenance of the said Frances Greenhill, during all that time, that the said Frances should have power, notwithstanding her said husband should happen to be now living, to dispose of her own lands; and also, of such estate as she hath acquired by her own industry, since her said husband left hier:

V. May it please your most excellent majesty, at the humble suit of the said Frances Greenhill, that it may be enacted, and be it enac'ed, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said Frances Greenhillshalland may,and she is here by enabled, notwithstanding the said Joseph Greenhill, her husband, shall happen to be living, to grant, convey, sell, and dispose, either by deed, executed in her life time, or by her last will and testament, in writing, to any person or persons whatsoever, and for such estate and estates as she shall think fit, all, or any part of the lands, tenements, or hereditaments, whereof she now is, or hereafter shall be seised, in fee simple, and also to give, sell, and dispose of all or any part of the slaves, or personal estate whereof she now is, or hereafter shall be possessed, in the same manner as she might, or could dispose of the same, if the said Joseph Greenhill was naturally dead, and the said Frances Greenhill, was actually and really a feme sole.

VI. And be it further enacted, by the authority aforesaid, That the said Frances Greenhill shall, and may, and she is hereby enabled, at all times hereafter, by the name of Frances Green hill, to make contracts and agreements in her own name; and to sue, and be

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