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the first year of his present majesty's reign, intituled, Ch. 11. 1727. and act to explain and amend the act, for declaring the negro, mulatto, and indian slaves within this domini
firmed by your majesty, shall at any time be disallowRepresentation against ed and not approved, and so signified by your majesty the repeal of your heirs or successors under your or their Sign Macertain laws, nual and Signet, or by order of your privy council, un, to him the said William Ann Earl of Albemarle, or to the commander in chief of the said colony for the time being, then such and so many of the said laws, statutes and ordinances as shall be disallowed and not approv ed, shall from thenceforth cease, determine and become utterly void and of none effect."
And whereas the lieutenant governor, council and burgesses of this your majesty's colony, taking into consideration that many of the laws and statutes had of late years been either intirely or in part repealed, and others of them expired, altered, amended or explained, from whence great mistakes and inconveniences had arisen, for preventing whereof for the future, a committee of the council and Assembly of this colony was appointed to revise, alter, or amend all or any of the said laws and statutes, and reduce the same into bills, to be reported to the next meeting of the General Assembly, which service was performed by virtue of the power so given to the said committee.
That the said laws so revised, alter'd or amended, or so many of them as were approved and enacted by the lieutenant governor, council and burgesses, were, pursuant to your majesty's instructions and royal command to your governor, transmitted for your majesty's approbation or disallowance of the same. Ten of which laws your majesty was pleased, by your order in your privy council under your Sign Manual, bearing date at St. James's, October 31, 1751, to repeal and declare void and of none effect.
And whereas your majesty has been pleased by your royal instruction to your governor or commander in chief to direct that no law shall be reenacted in this colony to which the assent of your majesty or your royal predecessor háth once been refused, without express leave for that purpose first obtained, upon a full representation to your majesty, and to your commissioners for trade and plantations, of the reason and
on, to be real estate, and part of one other act, intituled, Ch. 33, 1705. an act for the distribution of intestate estates, declaring widows rights to their deceased husbands estates,
necessity for passing such law." We, therefore, ma- Representaturely deliberating thereon, and conceiving some of the tion against said repealed laws to be of great utility and well cal. the repeal of certain laws culated to promote the public peace, welfare and good government of this colony, and not repugnant to the Jaws and statutes of Great-Britain, do in all humility, beg leave, pursuant to your majesty's last mentioned instruction, to represent to your majesty the reasons and necessity upon which they were passed; which reasons are transmitted with this our humble address and representation. And we intreat your majesty, that, having taken the same into your royal consideration, you will be graciously pleased to grant your permission, that the same or so many of the said repealed laws, as to your majesty, in your great wisdom, shall seem expedient, may be reenacted, and that you will give instructions to your governor or commander in chief, for the time being, accordingly.
That, as we conceive, according to the antient constitution and usage of this colony, all laws enacted here for the public peace, welfare and good government thereof, and not repugnant to the laws and statutes of Great Britain, have always been taken and held to be in full force, until your majesty's disallowance thereof is notified here, and that the same may be revised, alter'd and amended, from time to time, as our exigencies may require. But that when a law enacted here hath once received your majesty's approbation, and hath been confirmed, finally enacted, and ratified, the same cannot by the legislature here be revised, altered or amended, without a clause therein to suspend the execution thereof 'til your majesty's pleasure shall be known therein, even tho' our necessities for an immediate revisal, alteration or amendment, be ever so pressing.
We cannot, therefore, but express our deep concern at your majesty's having in such solemn manner confirmed and ratified fifty seven of the 'forementioned revised acts, that we apprehend we have not full power now to revise alter or amend the same, without such suspending clause, which if understood in a strict
and for securing orphans estates; which acts having been found inconvenient, and not to answer the ends thereby intended.
Representa- sense, will subject us to great hardships and inconve the repeal of niences, since it is not within the reach of human forecertain laws. sight to form any laws but what may, from experience, be found to want necessary and sometimes speedy amendments.
Wherefore we pray your majesty will be graciously pleased to take this our unhappy case into your serious consideration, and that you will signify to your lieutenant governor that it was not your royal intention to fix those confirmed laws so unalterably upon us, but that the same may be altered or amended from time to time as the circumstances of this country may require, for the public peace, welfare and good government thereof, and provided the same shall not be repugnant to the laws and statutes of Great-Britain; always having a due regard not to enact any laws to take effect immediately that your majesty hath instructed your governor or commander in chief not to pass without a suspending clause 'till your royal assent may be had thereto.
Our gratitude will not suffer us to conclude this our humble address and representation, without acknowledging a just sense of your majesty's wisdom in repealing certain of our revised laws, which upon our further consideration, occasioned by your majesty's order in council aforesaid, we are convinced were, by some omissions, not fitly framed, fully to answer the purposes for which they were intended.
And we pray that the same Divine Providence which hath hitherto continued your majesty a blessing to all your good subjects, may preserve your majesty in the peaceable enjoyment of your Throne to a fullness of days; when you may willingly resign the same to your illustrious offspring, to whom the same duty, loyalty, and obedience, will ever be paid by your faithful people of Virginia.
An Act for allowing Fairs to be kept in the town of
II. Be it therefore enacted, by the Lieutenant Gover- Repeal of the nor, Council, and Burgesses, of this present General recited acts. Assembly, and it is hereby enacted. by the authority of the
Representa. tion against
An Act for establishing a town in Augusta county, and allowing Fairs to be kept therein. These acts are agreeable to others passed in former the repeal of Assemblies, and their preambles shew their utility and certain laws design. The small number of inhabitants, and the want of persons properly qualified to constitute a corporation, is the reason that your majesty's lieutenant governor hath not granted these towns a charter.
To assess a toll on the commodities bronght to these fairs would frustrate the intents of the acts. Neither do the people desire a court of piepowder; their monthly county courts, and the authority allowed your majesty's justices of the peace being sufficient to determine their differences. Nor would your General Assembly of this colony have presumed to enact these laws without inserting a proviso that nothing therein contained should derogate from, alter, or infringe your royal power of granting to any person or persons, bodies politic or corporate, the privilege of holding fairs in such manner as your majesty, your heirs and successors, should think fit; well knowing how unbecoming it would be in them to presume to act contrary to your majesty's royal prerogative, which has ever been esteemed equally dear, sacred, and inviolable with their own rights and liberties
An Act to prevent the building of Wooden Chimnies in
the town of Walkerton, and also to prevent the inhabitants thereof from raising and keeping Hogs.
Acts of this nature have been passed every session of Assembly of late years, to some of which your majesty hath been graciously pleased to assent. But what chiefly induced your Assembly to pass this act, was the preservation of the public warehouses for the reception of tobacco in this town from the danger of Fire.
An Act for the betler support of the College of William and Mary.
By this act the acts of the fourth of queen Anne, intituled, An act for laying an imposition upon skins and furrs, for the better support of the college of William and Mary, in Virginia; and the Act for the better
same, That the said two recited acts and every clause and article thereof, shall be, and are hereby repealed and made void, to all intents and purposes, as if the same
Representa- support and encouragement of the college of William tion against and Mary, in Virginia, made in the eighth year of the repeal of your majesty's reign, (to which last act your majesty certain laws. was pleased to give your royal assent,) were reduced into one act, and re-enacted in substance, with no other alteration than the increasing the duty upon every raw hide, from three pence to six pence, and repealing the act made in the eighteenth year of your majesty's reign, for amending the first of these two acts, which Jaid an additional duty of two shillings and six pence on every raw hide, and five shillings on every tanned hide exported.
The inducement your assembly had for this alteration was to collect separate laws relating to the same subject into one act, and for the benefit and support of the college, the only public seminary of learning in this colony, always favoured by your majesty and your royal predecessors, and encouraged by your Assemblies here. Raw hides are exported from hence in greater abundance than tanned. The duties imposed by the act of the eighteenth year of your majesty's reign were so high as in effect to amount to a prohibition, for which reason it was repealed, and these duties substituted. Six pence on a raw hide increases the college revenue, is easily born by the commodity, and not complained of by the trader or exporter. An Act to prevent the tending of Seconds. Experience convinced the Legislature that turning out and tending seconds of tobacco depreciated that staple commodity and threatened the ruin of the trade. Whereupon several acts of Assembly were made to provide against that evil, particularly an act of the fourth year of the late queen Anne, for improving the staple of tobacco, and for regulating the size and tare of tobacco hogsheads, which has the sanction of her royal assent. Another made in the seventh year of the reign of his late majesty king George the first, of blessed memory, for the more effectual preventing the tending of seconds. Another of the third and fourth years of your majesty's reign, for repealing the act for the better and more effectual improving the staple of to