the said county, in the month of September, in every year, at such place as shall be appointed by the chief commanding officer present at the general muster; and shall then account to the said court, for all monies by them received and paid, as aforesaid, without any fee or reward, for any of the before mentioned services: And that in case of the death, or refusal to act, of any or either of the said James Patton, John Christian, or John Buchannan, or their successors, the said court martial shall appoint such other person or persons as they shall think fit, in the room of him or them so dying or refusing to act, to collect the said tax; Which person or persons so appointed, shall, in all respects, have the same powers and authorities, as are granted by this act to the said James Patton, John Christian, and John Buchannan.

IV. Provided always, That if the governor, with the advice and consent of the council, for the time being, shall, before the expiration of the said ten years, think fit to erect a court, for the said county of Augusta; that then, and as soon as the said court shall be erected, this act shall cease, and be determined.

CHAP. XIX.

An Act, for appointing several new ferries; and altering the name of a former ferry; and other purposes therein mentioned.

E it enacted, by the Lieutenant-Governor, Coun- New ferries cil, and Burgesses, of this present General Assem- appointed bly, and it is hereby enacted by the authority of the same, and their That public ferries be constantly kept, at the places rates settled. berein after named: And that the rates for passing the said ferries, be as follows; To wit, on Potomack river, from the land of Ebenezer Floyd, in the county of Fairfax, across the river, to Powel's landing, in Maryland; the price for a man, six pence, and for a horse six pence. On Rappahanock river, from the land of William Thornton, gentleman, in the county of King George, across the river, to the wharf at the public lot, in the town of Fredericksburg, in the county of Spotsylvania; the price for a man, three pence, and for a horse, three pence. On Pamunkey, from the

ges.

land of Richard Littlepage, across the river, to the land of Thomas Clayborne, now in the tenure of the reverend Daniel Taylor; the price for a man, six pence, for a horse, six pence. On James river, from MulberryIsland point, in the county of Warwick, across the river, to Cockett's, in the county of Isle of Wight; and from Cockett's to Mulbery-Island Point, aforesaid; the price for a man, one shilling and three pence, for a horse, one shilling and three pence. From a gut on the land of Richard Moseby, on the south side of the river, in Goochland county, across the river, on the land of Mr. Tarlton Flemming, opposite to the said Moseby's landing; the price for a man, three pence, and for a horse, three pence. From the land of Tucker Woodson, in the county of Goochland, across the river, to the land of Paul Micheaux, near the courthouse, the price for aman, three pence, and for a horse, three pence. From the land of Bennit Goode, across the river, to the land of Colonel John Flemming, in Goochland county; the price for a man, three pence, and for a horse, three pence. And, on Fluvanna river, from the land of James Fenly, across the river, to the land of William Cabell; the price for a man, three pence, and for a horse, three pence.

II. And the courts of the several counties wherein For carria- such ferries shall be kept. shall have power to appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons and other wheel carriages: That when any such boats shall be so provided and kept, it shall and may be lawful for the keepers of such ferries, to demand and take, for the ferriage of such wheel carriages, the following rates, to wit, for every coach, chariot, or waggon, and the driver thereof, the same as for the carriage of six bọrses: And for every cart, or four wheel chaise, and the driver of such chaise, the same as for the ferriage of four horses: And for every two wheel chaise, or chair, the same as for the ferriage of two horses, according to the rates herein before settled, at such ferAnd that the licenries respectively, and no more. ses for keeping the said ferries, shall be obtained in the same manner, and the keepers thereof have such exemptions and advantages, and be under the like regulations and restrictions, as is and are by law provi

Licenses.

ded, for and in respect of the keepers of public ferries, heretofore settled and appointed.

III. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, the name of the public ferry over Chickahomony river, from Goodall's to Williams's or Drummond's neck, be altered: And that the said ferry be appointed from Goodall's to Hamuer's point, or Williams's, at the rates already settled by law. And where any ferry County now is, or shall hereafter be appointed, by act of the courts may General Assembly, on one side of the river only; it Point opsite ferries. shall and may be lawful, for the court of the county on the other side, to appoint an opposite ferry; and to order and allow the prices directed by such act.

CHAP. XX.

An Act, for establishing the Town of Richmond, in the county of Henrico; and allowing fairs to be kept therein.

FOR

I. ORASMUCH as it hath been represented to this Assembly, that the honourable William Byrd, Esquire, hath lately laid out a parcel of his lands, at the falls of James river, in the county of Henrico, in lots, and streets, for a town, by the name of Richmond, and made sale of most of the said lots, to divers persons, who have since settled and built thereon, and that the said William Byrd intends speedily to lay out other part of his adjacent lands, into lots, and streets, to be added to and made part of the said town; and is willing that part of his lands, situate between the said town, and Shoccoe's creek, and the river, shall remain and be, as and for a common, for the use of the inhabitants of the said town, for ever. And also, that the said town lies very convenient for trade and navigation, being at the uppermost landing upon the river, where the public warehouses are built: But, because the same was not laid out and erected into a town, by act of Assembly, the freeholders and inhabitants thereof will not be entitled to the like privileges enjoied by the freeholders and inhabitants of other towns in this colony:

Preamble.

established.

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 the said piece or parcel of land. lately belonging, or now belonging, to the said William Byrd, esquire; lying and being at the falls of James river, on the north side of the said river, in the county of Henrico aforesaid, be and is hereby constituted, appointed, erected, and established, a town, in the manner it is already laid out, or shall be laid out, by the said William Byrd, in lots, and streets, to be called by Richmond and retain the name of Richmond: And that the freeholders of the said town, shall, forever hereafter, enjoy the same rights and privileges, which the freeholders of other towns erected by act of Assembly, in this colony, have and enjoy. And that the said William Byrd, and his heirs, stand seized in fee-simple, of the lands lying and being between the present southern bounds of the said town, and the river, bounded to the eastward by a line, to be run a strait course, from the present extreme bounds of the said town to strike the river; and on the westward, by a line, to be run from the end of the present westward street, beyond the lot numbered [1] a straight course, to strike Shoccoe's creek, thence down the said creek to the River, and then by the river; to remain and be, as and for a common, for the use and benefit of the inhabitants of the said town, for ever.

Commons.

Fairs.

III. And whereas allowing fairs to be kept in the said town of Richmond, will be very commodious to the inhabitants of that part of this colony, Be it further enacted, by the authority aforesiad, For the future, two fairs shall and may be annually kept and held, in the said town of Richmond, on the second Thursday in May, and the second Thursday in November, in every year; each to continue for the space of two days, for the sale and vending of all manner of cattle, victuals, provisions, Goods, wares and merchandises whatsoever: On which fair days, and on two days next before, and two days next after each of the said fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares, and merchandizes, shall be exempt and privileged from all arrests, attachments, and executions, whatsoever, except for capital offences, breaches of the peace, or for any controversies, suits, and quarrels, that may arise and hap

pen, during the said time; in which cases process may be immediately issued, and proceedings thereupon had, in the same manner as if this act had never been made: Any thing herein before contained, or any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding.

IV. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to derogate from, alter, or infringe the roial power and prerogative, of his majesty, his heirs, or successors, of granting to any person or persons, body corporate or politick, the privilege of holding fairs or markets, in such manner, as he or they, by his or their roial letters patent, or by his or their instructions to the governor, or commander in chief, of this dominion, for the time being, shall think fit.

V. And be it further enacted, by the authority aforesaid, That this act, as to so much thereof as relates to holding fairs in the said town of Richmond, shall continue and be in force four years, from the passing thereof, and from thence to the end of the next session of assembly; and no longer.

CHAP. XXI.

An Act, for erecting a town at Bray's church, in the county of King George.

"F

I, TORASMUCH as it hath been represented unto Preamble. this General Assembly, that great numbers of people, have, of late, settled themselves at, and near a place, called Bray's church, on the north side of Rappahanock river, in the county of King George, where the church and public warehouses are built; which place is healthful, commodious, and convenient, for traders to cohabit in, and to bring their goods to: And that in case a town was laid out there, trade and navigation would be greatly encouraged and increased:

II. Be it enacted, by the Lieutenant-Governor, Coun- Leeds estab cil, and Burgesses, of this present General Assembly, lished. and it is hereby enacted, by the authority of the same, That within six months after the passing of this act, sixty five acres of land, lying and being at the place aforesaid, shall be surveied, and laid out, by the survei A A-Vol. 5.