CHAP. XXII.

An Act for dividing the County of Fairfax.

I. WHEREAS many inconveniencies attend the Fairfax coun- upper inhabitants of the county of Fairfax, by reason ty divided. of the large extent of the said county, and their remote situation from the court house, and the said inhabitants have petitioned this present general assembly that the said county may be divided: 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 from and after the first day of July next ensuing the said county of Fairfax be divided into two counties, that is to Loudoun say: All that part thereof, lying above Difficult run, county form- which falls into Patowmack river, and by a line to be ed. run from the head of the said run, a straight course, to the mouth of Rocky run, shall be one distinct county, and called and known by the name of Loudoun: And all that part thereof below the said run and course, shall be one other distinct county, and retain the name of Fairfax.

Court days.

II. And for the due administration of justice in the said county of Loudoun, after the same shall take place: Be it further enacted, by the authority aforesaid, That after the first day of July a court for the said county of Loudoun be constantly held by the justices thereof, upon the second Tuesday in every month, in such manner as by the laws of this colony is provided, and shall be by their commission directed.

II. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Fairfax, as the same now stands entire and undivided, from collecting and making distress for any public dues, or officers fees, which shall remain unpaid by the inhabitants of the said county of Loudoun at the time of its taking place; but such sheriff or collector shall have the same power to collect or distrain for such dues and fees. and shall be answerable for them in the same manner as if this act had never been made, any law, usage, or custom to the contrary thereof in any wise notwithstanding.

IV. And be it further enacted, by the authority aforesaid, That the court of the said county of Fairfax shall have jurisdiction of all actions and suits, both in law and equity, which shall be depending before them at the time the said division shall take place; and shall and may try and determine all such actions and suits, and issue process and award execution in any such action or suit in the same manner as if this act had never been made, any law, usage, or custom to the contrary in any wise notwithstanding.

V. And be it further enacted, by the authority aforesaid, That out of every hundred pounds of tobacco, paid in discharge of quit rents, secretary's, clerk's, sheriff's, surveyors, or other officers fees, and so proportionably for a greater or lesser quantity, there shall be made the following abatements or allowances to the payer, that is to say: For tobacco due in the county of Fairfax ten pounds of tobacco, and for tobacco due in the county of Loudoun twenty pounds of tobacco; and that so much of the act of assembly, intituled, An Act for amending the Staple of Tobacco, and preventing frauds in his majesty's customs, as relates to any thing within the purview of this act, shall be, and is hereby repealed and made void.

CHAP. XXIII.

An Act for dividing the Parish of Cumberland, in the County of Lunenburg.

I. WHEREAS the parish of Cumberland, in the county of Lunenburg, by reason of the great extent Cumberland thereof, is very inconvenient to the inhabitants: Be it Lunenburg parish, in therefore enacted, by the Lieutenant-Governor, Council divided. and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the first day of July next the said parish of Cumberland be divided, by a streight line to be run from Colonel Byrd's mill, on Roanoke river, to the head of Nottoway river; and that all that part of the said parish of Cumberland; which lies below the said

bounds shall be one distinct parish, and retain the Cornwall pa- name of Cumberland, and all that part thereof which rish formed. lies above the said bounds shall be one other distinct parish, and called by the name of Cornwall.

II. And be it further enacted, by the authority aforesard, That the freeholders and house-keepers of the said parishes of Cumberland and Cornwall, respectively, shall meet at some convenient time and place, to be appointed and publicly advertised by the sheriff of the said county of Lunenburg, at least one month before the tenth day of September next, and then and there elect twelve of the most able and discreet persons of their respective parishes for vestrymen in each of the said parishes; which vestrymen, so elected, having, in the court of the said county of Lunenbarg, taken and subscribed the oaths appointed to be taken by one act of parliament, made in the first year of the reign of his late majesty king George the first, intituled, An Act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late Princess Sophia (being protestants) and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors, and taken and subscribed the oath of abjuration, and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestries of the said parishes. respectively.

III. Provided always, That nothing herein contained shall be construed to binder the collector or collec tors of the said parish of Cumberland, as the same now stands entire and undivided, from collecting or making distress for any parish levies which shall remain. unpaid by the inhabitants of the said parish of Cornwall at the time the said division shail take place, but such collector or collectors shall have the same power to collect and distrain for the said levies, and shall be answerable for the same in the same manner as if this act had never been made, any law, usage, or custom to the contrary thereof in any wise notwithstanding.

CHAP. XXIV.

An Act to impower the Vestry of the Parish of Overwharton, in the County of Stafford, to levy for Mourning Richards a reasonable satisfaction for rebuilding a Church at Acquia.

1. WHEREAS Mourning Richards, in the year one Vestry of Othousand seven hundred and fifty one, contracted with verwharton the vestry of the parish of Overwharton, in the counparish, in Stafford, auty of Stafford, to build a large brick church at the head thorised to of Acquia creek in the said parish, for the considera- levy a sum of tion of one hundred and ten thousand nine hundred money for Mourning pounds of tobacco to be paid in four years, and after'- Richards, for wards agreed to make several alterations and addi- re-building a tions to the plan firs: proposed, for the further consi- church at deration of twenty thousand pounds of tobacco, and Acquia, had almost finished the same, when in the year one been burnt thousand seven hundred and fifty five. it was acciden- down. tally burnt down, and the said Mourning Richards hath since rebuilt the same in a neat, workman-like

manner.

II. And whereas the parishioners of the said parish are willing to pay the said Mourning Richards a reasonable satisfaction for the expence and trouble he hath been put to in rebuilding the said church, and are desirous that an act may pass to enable the vestry of the said parish to raise the same: 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 vestry of the said parish of Overwharton shall and may, and they are hereby impowered and required to levy on the inhabitants of the said parish, for the use of the said Mourning Richards, in one or more years, and in such proportion as they shall judge least burthensome to the said inhabitants, so much money or tobacco as they shall think a reasonable satisfaction for rebuilding the said church.

which had

Public fer

ries in Norfolk, to be supported at charge of county.

CHAP. XXV.

An Act to impower the Justices of the County of Norfolk to agree with persons to keep certain Ferries, and to levy the expence thereof upon the inhabitants of the said County.

I. WHEREAS it hath been represented to this present general assembly, by the inhabitants of the county and borough of Norfolk, that on the branches of Elizabeth river, and on Tanner's creek in the said county, there are five public ferries, over one of which most of the said inhabitants are obliged to pass in order to go to church, court, and general musters, and that by the expence of ferriage many poor people are prevented from bringing their small wares and commodities to the market of the said borough: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Astembly, and it is hereby enacted, by the authority of the same, That the justices of the court of the said county of Norfolk, for the time being, be, and they are hereby impowered and required to appoint, contract, and agree with proper persons to keep the said ferries, and to levy the expence thereof upon the tithable inhabitants of the said county annually at the laying the county levy.

II. And be it further enacted, by the authority aforeDuty of said, 'That every person so appointed to keep the said keepers. ferries shall constantly keep such boats and hands as the said court shall, from time to ime, order and direct to be kept at the said ferries, respectively, and shall give immediate passage over the said ferries to all the inhabitants of the said county without any fee or reward.

III. Provided always, and it is hereby enacted, That such ferry-keepers shall and may demand and receive

Who to pay from persons, not being inhabitants of the said coun

ferriage,

who not.

ty of Norfolk, the following rates, that is to say: For a man four pense, and for an horse the same, for every coach, chariot, or waggon, and the driver thereof, the same as for six horses: For every cart or four wheel chaise. and the driver thereof, as for four horses: For every two wheel chair or chaise the same as