for two horses. For every hogshead of tobacco as for one horse: For every head of nett cattle as for one horse: For every sheep, goat, or lamb, one fifth part of the ferriage of one horse; and for every hog one fourth part of the ferriage of one horse, any law, usage, or custom to the contrary thereof in any wise notwithstanding.

CHAP. XXVI.

An Act for dissolving the Vestry of the parish of Saint Paul, in the County of Stafford.

ed.

I. WHEREAS several of the vestrymen of the pa- Vestry of St. rish of Saint Paul, in the county of Stafford, by rea- Paul, in Staf son of their great age and infirmities, are unable to ford dissolyattend at vestries, and several illegal things have been transacted by the majority of the said vestry, to the oppression of the inhabitants of the said parish, who have petitioned this present general assembly that the said vestry may be dissolved: 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 vestry of the said parish of Saint Paul, in the said county of Stafford, be, and the same is hereby dissolved; and that all and every act and acts, thing and things which at any time hereafter shall or may be done, performed, or suffered by the said vestry of the said parish shall be absolutely void and of none effect.

II. And be it further enacted, by the authority aforesaid, That the freeholders and house keepers of the said parish shall meet at some convenient time and place, to be appointed and publicly advertised, at least one month, by the sheriff of the said county of Stafford, before the last day of July next, and then and there elect twelve of the most able and discreet persons of their parish to be vestrymen thereof; which said vestrymen so elected, by virtue of this act, having, in the court of she said county of Stafford, taken and subU-VOL. 7.

scribed 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, 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 decmed and taken to be the vestry of the parish of Saint Paul; and upon the death, removal, or resignation of any of the said vestrymen, so to be elected, the remaining vestrymen shall be, and they are hereby impowered to chuse and elect another vestryman in the room of such vestryman so dying, removing or resigning.

Lemuel Rid

CHAP. XXVII.

An Act to impower Lemuel Riddick to clear Summerton Creek, and for other purposes therein mentioned.

I. WHEREAS it hath been represented to this gedick impow. neral assembly, That the upper part of Summerton ered to clear creek, in the county of Nansemond, which runs into Summerton Chowan river, in the province of North-Carolina, is creek, in useless to the inhabitants of this colony, by means of Nansemond. river dams, rafts of old trees, and other obstructions therein, and that the clearing the said creek, and making the same navigable, will be a public benefit, and Lemuel Riddick, of the town of Suffolk, in the county aforesaid, hath applied to this general assembly for leave to clear the same at his own expence: 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 sume, That it shall and may be lawful for the said Lemuel Riddick, his heirs or assigns, and he and they are hereby au

thorised and impowered, at his or their own expence, at any time or times after the passing of this act, to clear the said creek of all obstructions and make the same navigable for small craft, from the line which divides this colony from the province of North-Carolina, to any part of the lands of the said Lemuel, on said creek, and to erect any gates, dams or stops that. may be necessary for supplying and raising water in

the said creck.

the

II. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the said Lemuel Riddick, his heirs or assigns, or any person or persons employed by him or them in the execution of this act, to pass through or go on shore upon the lands of any person or persons whatsoever without being subject to an action of trespass for the same; and if any suit shall be commenced for any thing done in pursuance of this act, the person or persons sued may plead the general issue, and give this act in evidence; and every court before whom such suit shall be prosecuted, where a verdict shall be found for the defendant or the plaintiff shall be nonsuited, shall award judgment for such defendant and costs.

III. And be it further enacted, That it shall and may be lawful to and for the said Lemuel Riddick, his heirs and assigns, as soon as he or they shall have cleared and made the said creek navigable, to demand and receive of and from all or any person or persons who shall transport any goods, effects, or merchandise up or down the said creek, in any vessel, or upon any rafts, the following rates, to wit: For every barrel of pork, beef, tar, pitch or turpentine four pence per barrel: For every hogshead of rum, deer-skins, or other goods, one shilling: For every bushel of salt or grain one penny current money, and so in proportion for any other goods; and a particular manifest of all goods and commodities which at any time or times, after the said creek shall be made navigable, as aforesaid, shall be brought up or carried down the said creek by any person or persons whatsoever, shall be delivered unto the said Lemuel Riddick, his heirs or assigns, or some person by him or them to be appointed for that purpose, within twenty-four hours after the same shall be landed at any place or places on the said creek, and pay the rates aforesaid, otherwise he, she or they shall forfeit and pay unto the said Lemuel Riddick, his heirs and

assigns, double the sum for which the goods and commodities ought by this act to have paid had the same been duly entered and paid, to be recovered before any justice of the peace for the county of Nansemond by a warrant for that purpose obtained.

IV. Provided always, That nothing in this act contained shall be construed, deemed or taken to hinder or restrain any person or persons from prosecuting and maintaining any actions or suits against the said Lemuel Riddick, his heirs, executors, administrators or assigns for any damage occasioned by means of his or their stopping the waters of the said creek.

V. Provided also, That if at any time or times hereafter it shall appear to the general assembly that the free use of the said creek will be advantageous to the public, and the said assembly shall be willing to reimburse the said Lemuel Riddick, his heirs and assigns, the expences and charges which he or they shall or may be at in the execution of this act, and also pay him or them a reasonable satisfaction for his or their trouble, that then this act and every thing herein contained shall cease and become void.

William

CHAP. XXVIII.

An Act to impower William Rand to build a Bridge over Pagan Creek, and for other purposes therein mentioned.

I. WHEREAS it hath been represented to this geRand autho- neral assembly, that the bridge formerly erected over rised to build the western branch of Pagan creek, in the county of a bridge over Isle of Wight, from the land of William Hodsden to Pagan creek. the land of Richard Reynolds, is fallen down and become useless, and that the erecting another bridge on the land of the same persons, a small distance above where the old bridge was built, will be of great use, ease, and benefit to the public; and William Rand, of the town of Smithfield, in the county aforesaid, hath aplied to this general assembly for leave to rect, maintain, and support a good and sufficient bridge over

the said creek at his own expence: 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 and may be lawful for the said William Rand, his heirs or assigns, to erect, support, and maintain a good and sufficient bridge over the said creek, at the place aforesaid, at his own expence; and as soon as the same shall be compleatly finished, fit for travellers to pass over in carriages, it shall and may be lawful to and for the said William Rand, his heirs and assigns, to demand, take, and receive, of and from all persons passing over the said bridge with horses, wheel carriages and cattle, the following rates, to wit: For a man and horse four pence: For every wheel carriage two pence per wheel: For every bead of nett cattle two pence: For every head of sheep or hogs one penny; and that no person shall have liberty to pass over the said bridge with wheel carriages, horses, or cattle until they shall first pay and satisfy the said William Rand, his heirs and assigns, the toll herein before mentioned.

II. Provided always. That no person who is desirous to pass over the said bridge on foot, without horses or other cattle, shall be obliged to pay the said toll or any part thereof, but all such foot persons are hereby declared to have liberty to pass over the said bridge free.

CHAP. XXIX.

An Act to impower Armistead Churchill, gentleman, to sell and dispose of certain intailed Lands.

Alexander Churchill authorised to

I. WHEREAS William Churchill, late of the parish of Christ Church, in the county of Middlesex, gentleman, deceased, was in his lifetime, and at the sell certain time of his death, seised in fee-simple of and in two intailed thousand two hundred and eighty acres of land, with lands. the appurtenances, lying and being in the parish of Lunenburg, in the county of Richmond, and being so thereof seised did make his last will and testament, in