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TEXTS OF ACTS OF ASSEMBLY (CONCERNING COUNTIES) WHICH DO NOT APPEAR IN HENING

On April 20th, 1916, Mr. Earl G. Swem, Assistant State Librarian, discovered in the Library a full-text copy of the Acts passed "at a Grand Assembly summoned the 6th January 1639", which Acts appear in Hening (i, 224) only in the most abridged form,-one of which (see Chap. i, below) defines the bounds of Isle of Wight, Upper Norfolk and Lower Norfolk Counties; while An Act [Concerning the Bounds of the Countyes of Nancemund and the Isle of Wight] "passed at the sessions of 1643-1646" is quoted from the "Virginia Magazine of History and Biography", xxiii (July, 1915), 254-5.

The Library had before also been fortunate enough to locate in the Public Record Office in London original manuscript copies of nine Acts of Assembly (forming counties) which do not appear in Hening, copies of which are here printed in full (Chaps. iii to xi, below) for the first time, so far as we have been able to ascertain. Certain it is that those forming these counties appear in Hening by title only, under the references cited:

Prince George, passed August 25, 1702 (Hening iii, 223);
King George, passed November 24, 1720 (Hening iv, 95);
Hanover, passed November 26, 1720 (Hening iv, 95);
Goochland, passed March 6, 1727 (Hening iv, 240);
Caroline, passed March 15, 1727 (Hening iv, 240) ;—

while the following are not even mentioned by title in Hening (vols.
6 and 7):

Culpeper, passed March 23, 1748;

Cumberland, passed March 23, 1748;
Southampton, passed April 30, 1749;
Chesterfield, passed May 1, 1749.

The notes appended to the titles of these Acts (Chaps. iii to xi) carry the references current in the Public Record Office in London.

It is hoped that these full-text copies will be of interest to those who are preparing histories of the counties referred to.

CHAP. I.

[An Act Concerning the Bounds of Isle of Wight, Upper Norfolk and Lower Norfolk Counties]*

[Passed at session of January 1639/40.]

It is thought fitt and enacted for a finall Determination of all differences between the Isle of Wight county and the Upper and Lower Norfolk counties that the Isle of Wight county shall begin at Lawnes creek and from thence to extend down along the main River unto the plantation of Richard haies

formerly belonging unto John Seward including the sd plantation & famelies and from thence to extend from the main River into the Woods Southerly unto the plantation of William Nowell and Mr. Robt. Pitt including likewise the sd plantation and families and from thence Southerly as aforesd. And the Upper county of New Norfolk to begin at the aforesd, plantation of Richa. Haies and from thence into the Woods Southerly as aforesaid and by the main River from thence to extend down by the main River unto the creek near the plantation of Francis Bullock being the first creek to the Westward of Cranye Point including the plantation of the sd Francis Bullock and no ways intrenching upon the Western branch of Elizabeth river nor the creek thereof wch do belong to the county of Lower Norfolk. These bounds being sett and Limitted by the consent and agreemt of the Burgesses for the sd counties. And it is further thought fitt that these bounds be as well for the sd parishes as the counties and that all former Acts of assembly concerning the same by virtue of this Act be repealed and made void.

On April 20th, 1916, Mr. Earl G. Swem, Assistant State Librarian, discovered in the Library a full-text copy of the Acts passed "at a Grand Assembly summoned the 6th Jany. 1639", which Acts appear in Hening (i, 224) only in the most abridged form. In a letter from Mr. Conway Robinson to Governor Giles, under date of February 20th, 1829, Mr. Robinson states to His Excellency that he had found the original which he used in the General Court Office, and had caused a copy of it to be made, which copy he was enclosing to the Governor with the suggestion that provision be made for its publication.

This Act is XXII of those appearing in the manuscript and corresponds with the abridgement appearing on p. 228 of volume 1 of Hening.

CHAP. II.

[An Act Concerning the Bounds of the Countyes of Nancemund and the Isle of Wight]*

[Passed at Session of November, 1647.]

Whereas many differences have beene and are likely to arise through the uncertaine division of the bounds of the countyes of Nancemund and the Isle of Wight as they are sett downe by Acts of Assembly Ao. 1642: Whereby it was expressed that the bounds of Nancemund should stretch southerly into the woods from the plantacon of Richard Hayes upon the main River, weh bounds through the uncertainty of them have occasioned many disputes and controversies tending to discord and disorder bee it therefore enacted for the better understanding and more certaine knowledge of the westerne bounds of the said County of Nancemund. That the plantacon of Richard Hayes upon the maine River shall bee and remayne in the County of the Isle of Wight according to tenor of the said Act Ao. 1642. That the whole track of land belongeing unto Mr ffantleroy shall bee and remayne in the County of

(Rest of manuscript gone)

From the "Virginia Magazine of History and Biography," xxiii (July. 1915), 254-5.

CHAP. III.

An Act for Dividing Charles City County.*

[Passed August 25, 1702.]

Whereas Sundry & diverse inconveniencies attend the Inhabitants of that part of Charles City County wch lyes on the South side of James river when they have any occasion to prosecute Law Suites in the sd County Court or to go to any other publick meeting by reason of the Difficulty in passing James River Be it Enacted, by the Govern Council & Burgesses of this present General Assembly And by the Authority thereof And it is hereby Enacted that on and after the 23d day of Apr weh shall be in the year of our La God 1703 the sd County of Charles City be divided into two distinct Counties so that James River divide ye Same And that, that part of the said County wch is & lyes on the North side of the said James river shall for ever thereafter be called & knowne by the name of Charles City County. And that that part of the sd County wch is & lyes on the South side of the said river shall remain and for ever thereafter be called & knowne by ye name of Prince George County. & for the due administracon of Justice. Be it further Enacted by the Authority aforesd & it is hereby Enacted yt after the time aforesd a Court for the said Prince George County be constantly held by the Justices thereof upon the Second Wednesday of every month in such manner as by the Laws of this Country is Provided And shall be by their Commission directed & whereas the towne Land Lying at fflowerdy hunda was purchased by the intire County of Charles City as then it was all ye charges about the Same being equally Levied upon the whole number of Tithables of the said County Be it Enacted by the Authority aforesaid & it is hereby Enacted that one third of the Tobo ariseing from the Sailes of the said towne Land to the Several takers up thereof be repaid to the Inhabitants that shall be for the time being on the North side of the sd James river in Charles City County upon ye takeing up of the said towne Land.

* C. O. 5. 1313. No. 16v.

[No Endorsement.]

[From a set of Acts passed in the session beginning August 14, 1702.]

CHAP. IV.

An Act for dividing Richmond County.*

[Passed November 24, 1720.]

WHEREAS diverse and Sundry Inconvenienceys attend the Upper Inhabitants of the Said County by reason of their Great distance from the Court-House and other places usually appointed for publick meetings.

BE it therefore ENACTED by the Lieut Governr Council and Burgesses

of this present General Assembly And It is hereby Enacted by the Authority thereof That from and Imediately after the Twenty Third day of Aprill which Shall be in the Year of Our Lord One Thousand Seven Hundred and Twenty One The Said County of Richmond be divided into Two distinct Countys and that the Same be divided by Charles Bever dams And from the Head thereof by a North Course to Westmoreland County And that that part of the County lyeing below the Said Dams and Course remain and Shall for Ever thereafter be called and knowne by the Name of Richmond County And that part of the County which is above the Said Dams and Course Shall be called and knowne by the Name of King George County And for the due Administration of Justice

BE it further ENACTED by the Authority aforesaid and it is hereby Enacted That after the Time aforesaid A Court for the said King George County be constantly held by the Justices thereof upon the First Friday of Every Month in Such maner as by the Laws of this Country is provided and shall be by their Comission directed.

ex) J. Randolph. CH B.

[Endorsed:]

13. Virginia. Virginia Septimo Georgy. 1720. AN ACT For dividing Richmond County. reced wth Colo Spotwood's Lre of 6th March 1720/1. Reced 8th May 1721. Sent to Mr West 30 Nov 1723. Reced back 16 Janry 1723/4. Read. Reported.

C. O. 5. 1387.

Anno. 1720

CHAP. V.

An Act For dividing New Kent County.*

[Passed November 26, 1720.]

WHEREAS many Inconveniencys attend the Upper Inhabitants of the said County by reason of their Great distance from the Court house and other places usually appointed for publick meetings.

BE it therefore ENACTED by the Lieut Govr Council and Burgesses of this present General Assembly And It is hereby Enacted by the Authority of the Same That from and Imediately after the ffirst day of May next the Said County of New Kent be divided into Two distinct Countys And that that part of the County lyeing below the parish of Saint Paul shall for Ever thereafter be called and knowne by the Name of New Kent County And that that part of the County which lyeth in the parish of St Paul shall be called and knowne by the Name of Hannover County And for the due Administration of Justice

BE it further ENACTED by the Authority aforesaid And it is hereby Enacted That after the Time aforesaid a Court for the said County of Hannover be constantly held by the Justices thereof upon the First Friday

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