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 deemed 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 same, 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 the said creek, and to erect any gates, dams or stops that may be necessary for supplying and raising water in the said creek.

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 applied to this general assembly for leave to erect, 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 whcel carriage two pence per wheel: For every head 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

1. 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, scised in fee-simple of and in two intailed thousand two hundred and eighty acres of land, with 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

lands.

writing, bearing date the eight day of November, in the year of our Lord one thousand seven hundred and ten, and thereby devised the same to his son Armistead, by the description of all his land in Virginia, and to the heirs of his body lawfully begotten; but in case he should die without heirs then he gave all his lands in Richmond county to his daughter Elizabeth Churchill, and to the heirs of her body lawfully begotten, and in case she should die without heirs of her body lawfully begotten, then he gave the said lands to Priscilla Churchill and the heirs of her body lawfully begotten, as by the same proved and recorded in the county court of Middlesex may appear; and some time after making the said will the said William Churchill died, whereby the said Armistead became seised of the said two thousand two hundred and eighty acres of land in tail, under the limitations and restrictions in the will of the said William Churchill mentioned, and hath issue William Churchill his eldest son and heir at law, who is of full age, and hath (together with Elizabeth Dawson, who is the Elizabeth Churchill, and Priscilla Lewis, who is the Priscilla Churchill, mentioned in the will of the said William Churchill, deceased) consented to the passing of this act.

II. And whereas the said Armistead Churchill hath settled on the said William Churchill, his heir at law, on his marriage, other lands of greater value than the said two thousand two hundred and eighty acres in Richmond, and is not seised of any lands in fee-simple, or which he can sell in order to make a provision for his younger children (of which he hath a great number) and it will render the remaining part of the lands so as aforesaid devised to him by the will of the said William Churchill entirely useless to his heir at law and his posterity after his death if he was to make a provision for his younger children out of his slaves and personal estate.

III. And whereas notice has been published three Sundays successively, in the churches in the said parish of Lunenburg, that application would be made to this general assembly for leave to sell and dispose of the said two thousand two hundred and eighty acres of land, pursuant to your majesty's instructions.

IV. May it therefore please your most excellent majesty, at the humble suit of the said Armistead Churchill, that it may be enacted, And be it enacted,