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 And the assistance of her friends, for her support. 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 said Joseph Greenhill for these twenty years past, нor can arrive to any certain knowledge, whether he be living, 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 also 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 could 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 distress, 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 de, by D d-Vol. 5.

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

IV. And whereas, public notice hath been given, at the parish church of Brandon aforesaid, three Sundays successively, that application would be made, by the said Frances Greenbill, 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 her:

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 Greenhill shall and 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 scised, 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

sued, in all courts of judicature within this colony, as a feme sole may, or can by law. notwithstanding the said Joseph Greenhill shall happen to be living: And that none of the estate real or personal whereof the said Frances Greenhill now is, or hereafter shall be seised, or possessed, shall be subject or liable to the debts, controul, or disposition, of the said Joseph Greenhill, in case he be living; but that the same shall, for ever hereafter, remain, and be for the sole and separate use and behoof of the said Frances Greenhill, her heirs, executors or administrators, or such other person or persons, to whom she shall give, grant, convey, or devise the same, as aforesaid. Any law, statute, custom, or usage, to the contrary, notwithstanding.

VII. Provided always, That in case the said Joseph Greenhill shall happen to be now living, and the said Frances shall survive him, that she, the said Frances, shall not claim, have or be entitled to any part or share of the estate of the said Joseph Greenhill, either real or personal; but that she, the said Frances, shall be and is hereby utterly excluded and barred from all dower and thirds, or other part or share of the estate of the said Joseph Greenhill, either real or personal: Any law, statute, usage, or custom, to the contrary notwithstanding.

VIII. 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 under the said Joseph Greenhill, all 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.

Wm. Gooch, esq. Govern

or.

AT A

General Assembly,

SUMMONED TO BE HELD AT

The Capitol, in the City of Williamsburg, on Thursday, the sixth day of May, in the fifteenth year of the reign of our sovereign lord George the second, by the grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c. And from thence continued, by several prorogations, to Tuesday, the fourth day of September, in the eighteenth year of his said Majesty's reign, and in the year of our Lord 1744: Being the second Session of this Assembly.

Preamble.

Foreign attachments.

Absent defendants, how proceeded against in chancery.

CHAP. I.

An Act, for the relief of certain Creditors.

THEREAS great difficulties have arisen, in the recovery of debts due to the inhabitants of this colony, from persons residing in other parts of his majesty's dominions, or who have removed themselves into foreign parts, having effects here sufficient for the satisfying and paying such debts; for remedy whereof,

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 if any suit which hath been, or hereafter shall be commenced, for relief in equity, in the general court of this colony, any defendant or defendants, against whom any subpoena or other process shall issue, shall not cause his, her or their appearance to be entered upon such process, within such time, and in such manner as, according to the rules of the court, the same ought to have been entered, in case such process had been duly served, and an affidavit or affidavits shall be made, to the satisfaction of such court, that

such defendant or defendants is or are beyond the seas, or that upon enqiry at his, ber, or their usual place of abode, he, she, or they could not be found, so as to be served with such process; then, and in such cases, the said court may not only make any order or orders to restrain and injoin any person or persons in this colony,having any effects belonging to the defendant or defendants in their hands, or in any other manner,debtors to the defendant or defendants, from paying, conveying away, or secreting such debts or effects, until the further order or decree of the said court; but also may,(if to the said court it shall seem necessary) order such effects to be delivered to the plaintiff or plaintifs,subject to the future order and decree of the said court, upon such plaintiff or plaintifs giving such security as to the said court shall seem proper, for the return of the said effects, in such manner, and to such persons as the said court shall adjudge: And the said court also shall and may make an order, directing and appointing such defendant or defendants to appear, at a certain day therein to be named, of the next succeeding court: and a copy of such order shall, within fifteen days after such order made, be inserted in the Virginia Gazette, for two months successively, and published on some Lord's day, immediately after divine service, in such parish church or churches as the said court shall appoint and direct; and also in every case a copy of such order shall, within the time aforesaid, be posted up at the front door of the Capitol, in the city of Williamsburg: And if the defendant or defendants do not appear within the time limited by such order, or within such further time as the court shall appoint, then on proof made of such publication of such order as aforesaid, the court, being satisfied of the truth thereof, may order the facts of the plaintifs bill to be taken pro confesso. But if the matter or cause of such suit or suits, be for the adjustment and settlement of any account or accounts, and for satisfaction of what ballances may appear due thereon, then, and in such cases, the court may, either by assigning and appointment of auditors; or in any other manner, proceed to the stating and settlement of such account or accounts, and make such order and decree thereupon, as shall be thought just; and may thereupon issue process to comnel the performance of such decree, either by immedi