CHAP. XXV.

An Act, for preventing the building wooden Chimnies, in the several towns therein mentioned, and pulling down such as are already built in the said towns; and to restrain Hogs going at large in Newtown, and Newcastle.

I.

WHEREAS the inhabitants of the several towns

Wooden castle, in the county of Hanover, and Suffolk, in the nies not to county of Nansemond, are in great danger of having the towns of be built, in their houses and effects burnt and consumed, by rea- Port Royal, son of many wooden chimnies, which are already erec- Newcastle,or ted and built, and are building and erecting, in the said Suffolk: towns;

II. Be it therefore 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 it shall not hereafter be lawful, for any person whatsoever, to erect or build, or cause to be erected and built in the said towns, any wooden chimney; neither shall it be lawful, for any person whatsoever, after the first day of May, in the year of our lord one thousand seven hundred and fifty, to make use of any wooden chimney already erected in the said towns; and that the owners or proprietors of all such wooden chimnies as now are in the said towns, shall, before the expiration of the time aforesaid, wholly destroy and disuse the same, or cause them to be pulled down; otherwise it shall be lawful for the sheriff of the said counties of Caroline, Hanover, and Nansemond, respectively, and they are hereby required, to cause all such wooden chimnies to be pulled down and demolished: And in like manner, it shall be lawful for the said sherifs, and they are hereby required, to cause to be pulled down and demolished, all other wooden chimnies, which shall be built or erected in the said towns, respectively, in breach of this act.

III. And whereas it is represented, that a great Hogs not to number of hogs are raised, and suffered to go at large, run at large in Newtown, in the county of Princess Anne, and the in the towns said town of Newcastle, to the great prejudice of the of Newtown inhabitants thereof, Be it further enacted, by the au- tle: thority aforesaid, That from and after the passing of

or Newcas

Fairs to be

castle.

this act, it shall not be lawful for any person or per sons, owners of any swine, to suffer the same to run or go at large, within the limits of the said towns of Newcastle and Newtown; and if any swine shall be found running or going at large, within the said limits, it shall be lawful for any person whatsoever, to kill and destroy every such swine so running at lurge.

IV. Provided always, That such person shall not convert any such swine to his or their own use, but shall leave the same in the place where it was so killed, and give immediate notice to the owner thereof if known, and if not, then such person shall immediately, inform the next justice of the peace thereof, who may order the same to the use of any poor person or persons he shall think fit.

V. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to forbid or hinder any person or persons from driving any swine to or thro' the said towns or limits thereof, in order to sell the same, or in their removal from one plantation to another.

VI And whereas allowing fairs to be kept in the kept in New. said town of Newcastle, will be very commodious to the inhabitants of that part of this colony, Be it further enacted, That for the future, two fairs shall and may be annually kept and held, in the said town of Newcastle, on the first Tuesday in April, and the third Tuesday 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, warés, and merchandizes whatsoever; on which fair days, and 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 happen, 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 to the contrary notwithstanding.

VII. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to dero

gate from, alter or infringe the royal power and prerogative of his majesty, his heirs and successors, of granting to any person or persons, body corporate or politic, the privilege of holding fairs or markets, in such manner as he or they, by his or their royal 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.

CHAP. XXVI.

An Act, for raising a Public Levy; and other purposes

1.

B

therein mentioned.

E it enacted, by the Lieutenant-Governor, Coun- Taxes for cil, and Burgesses, of this present General As-1745. sembly, and it is hereby enacted by the authority of the same, That five pounds of tobacco be paid, by every tithable person within this dominion, for the defraying and payment of the public charge of the country, being the public levy, from the fourth day of September, one thousand seven hundred and forty four, to the twentieth day of February, one thousand seven hundred and forty five; and that it be paid by the collector of the several counties, to the several persons and counties respectively, to whom it is proportioned by this General Assembly: And if it shall happen that there shall be more tithables in any county than the present levy is laid on, then such county shall have credit for so much, to the use of the county; and if fewer tithables in any county, then such county shall bear the loss.

II. Provided always, That where any allowance is made in the book of proportions to any county, to be paid in the same county, no more per poll shall be collected from the tithables of such county, than will discharge the ballance, after such allowance shall be deducted; and that every county court shall regulate the levy accordingly.

III. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the time of giving bond for the due collection and payment of the next county levy, also give bond and security, for the due collection and payment of the public levy, now laid and assessed.

IV. And whereas there is a ballance of eight thousand two hundred and eight pounds of tobacco, due to the public, which was levied on the counties of Elizabeth-City, Hanover, and Louisa, as appears by the book of proportions:

V. Be it further enacted, by the authority aforesaid, That the sheriff of each of the said counties of Elizabeth-City, Hanover, and Louisa, shall sell the respective sums of tobacco levied in his county, as a depositum, for the use of the public, to the highest bidder, at the court of each county respectively, in the month of June next after receipt of the same; and pay the money arising from such sale, to the treasurer of Virginia, to be by him accounted for to the next session of Assembly.

CHAP. XXVII.

An Act, to vest eighty seven acres of land, appropriated for a glebe in the parish of Hungars, in the county of Northampton, in trustees, to be sold; and for other purposes therein mentioned.

Glebe lands I. in Hungars parish in the county of

ton, vested in trustees to be sold.

HEREAS a tract or parcel of land, containing sixteen hundred acres, or thereabouts, lying and being in the parish of Hungars, in the county of Northamp Northampton, was given and devised by one Charlton, for the use of the minister or incumbent of the said parish, for the time being, besides which, the vestry of the said parish had appropriated eighty seven acres of land for a glebe to that parish; and the said tract of sixteen hundred acres of land, so as aforesaid given by the said Charlton, being a sufficient provision for the incumbent of the said parish, for the time being, especially if some slaves were annexed to the same: And the said eighty seven acres of land being of little or no value to the incumbent, it would be more for his benefit, if the same might be sold, and the purchasemoney applyed to the buying of slaves, to be annexed to the said donation of sixteen hundeed acres of land:

II. Be it therefore 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 eighty seven acres of land, with the appurtenances, be, and are hereby vested in Matthew Harmanson, Littleton Eyre, and John Kendall, gentlemen, of the said parish of Hungars, in the county of Northampton, in trust: That they, or any two of them, shall sell, and, by deeds of bargain and sale, convey, for the best price that can be got for the same, the said eighty seven acres of land, with the appurtenances, by such description as they shall think fit and necessary, to any person or persons who shall be willing to purchase the same, to hold to such purchaser or purchasers, in fee simple; and when the same shall be sold and conveyed, the said trustees shall account with the vestry of the said parish of Hungars, who shall receive the purchase-money, in trust, for the applying the same in the purchase of slaves, three of which to be young females, to be annexed to the said sixteen hundred acres of land, for the use of the incumbent, for the time being, for ever: Which said slaves, together with their future increase, so as aforesaid to be annexed, shall be deemed and taken to be in lieu and full satisfaction, of and for any glebe the vestry of the said parish of Hungars ought to purchase or provide for the minister or incumbent thereof: Any law, usage, or custom, to the contrary, notwithstanding.

III. And be it further enacted, by the authority aforesaid, That the vestry of the said parish of Hungars, for the time being, shall be, and are hereby impowered and required, to build, upon the said sixteen hundred acres of land, such glebe house, and other necessary houses and conveniences, upon the same, for the use of the minister or incumbent of the said parish, as are and ought by law to be built and made upon glebe lands: Any law, custom, or usage, to the contrary, notwithstanding.

IV. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person or persons, bodies politic or corporate, their respective heirs and successors, other than the minister or incumbent of the said parish, for the time being 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,