Pages 236-260 
|  Pages 281-302
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| Pages 236-260
| Pages 281-302
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| CHAP. XXIII. | ||
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| I. WHEREAS his present majesty king George the second, by his royal charter, bearing date under the seal of this colony, the fifteenth day of September, in the tenth year of his reign, was graciously pleased to grant to the inhabitants of Norfolk, that the same should be a borough incorporate, consisting of a mayor, recorder, eight aldermen, and sixteen common council men, and was further pleased among other things, to grant unto the said mayor, recorder, aldermen, and common council, of the said borough, and to their successors forever, and to all freeholders of the said borough, owning half a lot of land, with a house built thereon, according to law, and to all persons actually residing, and inhabiting, within the said borough, having a visible estate of the value of fifty pounds current money, at the least, and to all persons who should serve five years to any trade within the said borough, full power and authority to name, elect, and send, one Burgess qualified as therein is mentioned, to be present, sit, and vote, in the house of Burgesses of this colony; and some doubts, and controversies, having lately arising, concerning the construction of the said charter, with respect to the qualifications of persons, entitled by the said charter, to vote at the election of a Burgess, for the said borough: For settling the said doubts and controversies; | Charter of Norfolk explained and privileges of inhabitants enlarged. | |
| II. BE it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, And the true intent and meaning of the said charter is hereby declared to be, that no person shall vote at the election of a Burgess, for the said borough, in right of any freehold, unless he has an estate of freehold, in one half of a lot of land, within the said borough: |
| and that there be standing upon the said half of a lot, an house of such dimensions as is required by law, for saving one whole lot, in tenantable repair, at the time of giving such vote; and where two, or more, are seised of any estate of freehold, within the said borough, as joint-tenants, tenants in common, or copartners, no more than one vote shall be given, or allowed, in right of such freehold, and that only in case all the parties interested can agree, otherwise no vote shall be allowed to be given, for any such freehold; and that no person shall be entitled to vote at such election as an inhabitant, or resident, within the said borough, unless he has actually resided there twelve months, next before the time of giving his vote, and no person whatsoever; being a servant, by indenture, covenant, or otherwise, shall be allowed to give any vote at such election, in right, or on account of his being an inhabitant, or resident, within the said borough, and that no person shall be entitled to vote at such election, in right, or on account of his having served five years, in the said borough, unless he shall have actually served as an apprentice to some trade, within the said borough, for the term of five years, and shall have obtained a certificate thereof from the court of Hustings, within the said borough, under the common seal of the said borough, and is also an inhabitant, or housekeeper, within the said borough, at the time of giving his vote, the charge of which seal, to any apprentice so serving as aforesaid, shall not exceed two shillings and six pence, current money. | |
| III. And be it further enacted, by the authority aforesaid,
That any person claiming a right to vote as a freeholder, before he is admitted to poll at
the election of a Burgess, for the said borough, shall, if required by any candidate, or other
person entitled to vote at such election, take the following oath, or being one of the people
called quakers, shall declare to the effect of the same, upon his affirmation; that is to
say: You shall swear, that you have a sole estate in freehold, or estate of freehold, in joint-tenancy, tenancy in common, or copartnery with in one half of a lot of land, within the borough of Norfolk, and that there is an house now standing thereon, of such dimensions as is required by law, for saving one whole lot, in tenantable repair, and that the same hath not been granted to you fraudulently, on purpose to qualify you to give your vote at this election. |
| And every person claiming a right to vote as a resident, and inhabitant, within the said
borough, shall, if required, take the following oath, or being a quaker, declare the same on his
affirmation; that is to say: You shall swear, that you are, and have been, for twelve months last past, a resident, and inhabitant, within the borough of Norfolk, and that you have a visible estate of the value of fifty pounds, current money, at the least, and that the same, or any part thereof, hath not been given or conveyed to you fraudulently, on purpose to qualify you to give your vote at this election. | |
| IV. And be it further enacted, That no person shall be qualified to be elected one of the common council men of the said borough, until he has actually resided there twelve months, at the least, and such residence shall be deemed a sufficient qualification, although he be no freeholder, and that the writ for electing a Burgess, for the said borough, shall be directed to the said mayor, of the said borough, for the time being, as has been used heretofore, and the said mayor is hereby declared to be the returning officer. | |
| V. And for ascertaining the bounds of the said borough, Be it enacted, by the authority aforesaid, That the mayor, recorder, and aldermen, of the said borough, for the time being, be, and they are hereby declared to be, the sole feoffees, or trustees, and directors, of the said borough, and that they be hereby impowered to order a compleat plan to be made, of the bounds, within the said borough, and that the charge thereof be paid by the respective freeholders. | |
| VI. Provided nevertheless, That nothing herein contained shall be construed to take away, or alter, the right, and title, of the justices, of the county of Norfolk, in, and to, one certain lot, or parcel of land, within the said borough, whereon the court house, and prison, now stand. | |
| VII. And be it further enacted, by the authority aforesaid, That the court of Hustings, within the said borough, shall, from henceforth, have the sole power of granting licenses, to ordinary keepers, within the said borough, and that the county court of Norfolk, shall not exercise any jurisdiction in that matter, as hath been formerly done. | |
| VIII. Provided always, That such licenses be granted in the manner directed by one act of Assembly, |
| made in the twenty second year of the reign of his present majesty, intituled, An act for regulating ordinaries, and restraint of tipling houses; and the justices of the said court of Hustings, shall have the same power and authority, both as to granting licenses and regulating and suppressing ordinaries, as the justices of any county court within this colony have, or may exercise, by virtue of the same, or any other act of Assembly. | |
| IX. And whereas it appears to this Assembly, that there is no court-house, or prison, belonging to the corporation of the said borough, for the commitment of debtors, criminals, and offenders, but that the court house, and prison, of Norfolk county, standing within the limits of the said borough, hath hitherto been used for that purpose, on sufferance, which is attended with inconvenience, both to the said county and borough, and that they are desirous a court-house, and prison, should be built, for the use of the said borough, at the charge of the inhabitants of the corporation: But it is a doubt, whether they have power by their charter to assess a tax, on the said inhabitants, for that use, or for any other needful occasion of the borough, when their chamber is deficient, Be it therefore enacted, by the authority aforesaid, That it shall and may be lawful for the mayor, recorder, aldermen, and common council, of the said borough, for the time being, in common hall assembled, to levy, and assess, by the poll, on the tithable persons inhabiting within the said borough, all such sum and sums of money, as shall be necessary for erecting a court house, and prison, for the use of the said borough, if their chamber shall be deficient, and to appoint a collector of the same, and if any person, or persons, shall refuse, or neglect, to satisfy, or pay the money, so on him, her, or them, levied, and assessed, according to the times appointed for payment thereof, it shall and may be lawful, to and for such collector, by warrant, from under the hand of any magistrate of the said borough, to levy the money so due, by distress, and sale of the delinquents goods, in the same manner as for non-payment of public, and county levies, in this colony. | |
| X. And be it further enacted, by the authority aforesaid, That the justices of the county of Norfolk, for the time being, shall and they are hereby required, at |
| the time of laying the levies, for the said county, in every year, to levy for the serjeant and constables, of the said borough, for the time being, so much tobacco, as shall hereafter become due to them, for all such services done, and prison fees, arising within the said borough, not already by law directed to be paid, as would be properly be chargeable on the said county, by the sheriff and constables thereof, in case the said borough had not been incorporated. | ||
| XI. And whereas at the time of laying out the aforesaid town of Norfolk, a lot, or parcel of land, was laid off and set apart, for the use of a school, for the benefit of the inhabitants of the said borough and county of Norfolk, which said lot, or parcel of ground, is capable of being improved and built on; Be it enacted, by the authority aforesaid, That the court of the said county of Norfolk, and the mayor, recorder, and aldermen, of the said borough, or the major part of them, shall have full power and authority to build on, or let the said lot, or parcel of land, for any term of years, for the use and benefit of the said school, and to provide and agree with an able master for the said school, capable to teach the Greek and Latin tongues, which the said master, before he be received or admitted to keep school, shall undergo an examination before the masters of the college of William and Mary, and the minister of Elizabeth parish, for the time being, and produce a certificate of his capacity, and also a license, from the governor, or commander in chief of this dominion, for the time being, agreeable to his majesty's instructions; which said master, qualified as aforesaid, shall continue in such office during his good behaviour, and no longer. | ||
 CHAP. XXIV. | ||
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| I. WHEREAS it hath been represented to this Assembly, that William Crawford, of the county of |
| Norfolk, gentleman, hath lately laid out a parcel of land, on the south side of Elizabeth river, opposite to the town of Norfolk, into one hundred and twenty two lots, commodious streets, places for a court house, market, and public landings, for a town, by the name of Portsmouth, and made sale of most of the said lots, to divers persons who are desirous to settle and build thereon speedily; and also that the said town lies very convenient for trade and navigation: | Town of Portsmouth, in Norfolk county established. | |
| II. BE it 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 piece or parcel of land be, and is hereby constituted, appointed, erected, and established, a town, in the manner it is already laid out, by the said William Crawford, in lots and streets, to be called by, and retain the name of Portsmouth, and that the freeholders of the said town, shall, for ever hereafter, enjoy the same rights and privileges, which the freeholders of any other towns, erected by act of Assembly, in this colony, have and enjoy. | ||
| II. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person whatsoever, to erect or build, or cause to be erected or built, in the said town, any wooden chimney; and if any person shall presume to erect, or build, any wooden chimney, contrary to the directions of this act, it shall and may be lawful, for the sheriff of the said county, and he is hereby required, to cause such chimney to be pulled down and demolished. | ||
| CHAP. XXV. | ||
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| I. WHEREAS William Cadowgan, formerly of the upper parish in the county of Nansemond, by his |
| last will and testament, in writing, bearing date the first day of January, one thousand six hundred and seventy-five, did, among other things, give and devise unto Thomas Milner, gentleman, his heirs and assigns for ever, as feoffee, in trust, for the upper parish of Nansemond, the plantation wherein [whereon] he then dwelt, for a glebe, for the maintenance of a minister to preach the gospel there, and to be employed to no other use or purpose whatsoever. And whereas the said William Cadowgan, did, by his said will, give and devise his seat of land at Somerton, with the appurtenances and stock of six cows, to such of his relations and name of Cadowgan, as should appear here, in Virginia, and claim the same, and to his heirs and assigns for ever, and did order and devise, that the rents and profits of the said land and stock, should be received and disposed of, by the churchwardens and vestry of the said parish, towards the maintenance of the poor, and other charitable uses, within the said parish, until such person, of his name and relation, should appear and claim the same. And whereas the said testator, by his said will, did devise unto the said Thomas Milner, his heirs and assigns for ever, in trust, as aforesaid, seven hundred acres of land, the rents and profits to be disposed of by the churchwardens, and vestry, of the said parish, for the time being, and his said feoffee, for the poor of the said parish, and other charitable uses, as the majority of the said vestry, and the said feoffee, should think proper. And whereas the land, given as aforesaid for a glebe, is so very poor, that no minister hath resided thereon for many years; and the other lands, given for the benefit of the poor, being wood land, and very bad, no profit can be made thereby, and the vestry aforesaid, have been obliged to pay the quit rents due to his majesty, for the said lands, from the time of the death of the said testator; and no person, of the name of Cadowgan, having yet appeared to claim the said lands aforesaid: | Vestry of upper parish in Nansemond, authorized to sell certain lands, devised by William Cadowgan. |
| 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 all and singular the lands, and premises aforesaid, with their appurtenances, be, and the same are hereby vested in the present vestry of the said upper parish in Nansemond county, and the vestry of the said parish, for the time being, in trust; nevertheless, |
| that the said vestry, or the greater part of them, shall, by deed or deeds of bargain and sale, duly executed, convey all and singular the said lands, or any part thereof, to such person or persons, as shall be willing to purchase the same, to hold to such purchaser, or purchasers, his and their heirs and assigns for ever; and that the money arising by the sale of the land, devised for a glebe as aforesaid, shall be by them applied for and towards purchasing a good and convenient glebe for the use and benefit of the minister of the said parish, for the time being, for ever; and that the money arising by the sale of the said other lands, and the said stock, shall be by them applied, for and towards erecting a house for the reception of the poor of the said parish, and for such other charitable uses as the vestry of the said parish, for the time being shall think necessary. | |
| III. Provided always, That if any person of the relation and name of the said testator, William Cadowgan, shall hereafter appear in this colony, and claim the lands and stock herein before mentioned, to be so particularly devised; then, and in such case, the said vestry, of the said parish, or the vestry thereof, for the time being, shall pay to such person, all and singular the sum and sums of money arising by the sale of such last mentioned lands, and the said stock. | |
| CHAP. XXVI. An Act for establishing the town of Winchester, and appointing Fairs therein. | |
| I. WHEREAS it hath been represented to this General Assembly, that James Wood, gentleman, did survey and lay out a parcel of land, at the court house in Frederick county, in twenty six lots of half an acre each, with streets for a town, by the name of Winchester, and made sale of the said lots to divers persons, who have since settled and built, and continue building and settling thereon; but because the same was not laid off, and erected into a town, by act of | Town of Winchester, in Frederick county established. |
| Assembly, the freeholders and inhabitants thereof will not be entitled to the like privileges, enjoyed by the freeholders and inhabitants of other towns in this colony; | |
| II. BE it 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 parcel of land, lately claimed by the said James Wood, lying and being in the county of Frederick aforesaid, together with fifty four other lots of half an acre each, twenty four thereof to be laid off in one or two streets, on the east side of the former lots, the street or streets to run parallel with the street already laid off, and the remaining thirty lots, to be laid off at the north end of the aforesaid twenty six, with a commodious street or streets, in such manner as the proprietor thereof, the right honourable Thomas Lord Fairfax, shall think fit, be, and is hereby constituted, appointed, erected, and established, a town, in the manner already laid out, and described to be laid out, to be called by and retain the name of Winchester, and that the freeholders of the said town, shall, for ever hereafter, enjoy the same privileges, which the freeholders of other towns, erected by act of Assembly, enjoy. | |
| III. And whereas allowing fairs to be kept, in the said town of Winchester, will be of great benefit to the inhabitants of the said parts, and greatly increase the trade of that town, Be it further enacted, by the authority aforesaid, That for the future, two fairs shall and may be annually kept, and held, in the said town of Winchester, on the third Wednesday in June, and the third Wednesday in October, in every year, and to continue for the space of two days, for the sale and vending all manner of cattle, victuals, provisions, goods, wares, and merchandizes, whatsoever; on which fair days, and two days next before, and two days next after, the said fairs, all persons coming to, being at, or going from the same, together with their cattle, goods, wares, and merchandizes, shall be exempted, and privileged, from all arrests, attachments, and executions, whatsoever, except for capital offences, breaches of the peace, or for any controversies, suits, or quarrels, that may arise and happen during the said time, in which case process may be immediately issued, and proceedings thereupon had, in the same | Fairs. |
| manner as if this act had never been made, any thing herein before contained, or any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | ||
| IV. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to derogate from, alter, or infringe, the royal power and prerogative of his majesty, his heirs and successors, of granting to any person or persons, body politic and corporate, the privileges of holding fairs, or markets, in any 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. XXVII. | ||
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| I. WHEREAS the glebe of the parish of Truro, in the county of Fairfax, is inconveniently situated and much out of repair, and the minister and vestry, of the said parish, have petitioned this General Assembly for leave to sell the same and purchase another: | Vestry of parish of Truro, in county of Fairfax, au- to sell their glebe. | |
| II. BE it 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 glebe land, belonging to the said parish of Truro, be, and it is hereby vested in the present vestry of the said parish, and the vestry of the said parish for the time being, in trust; nevertheless, that the said vestry, or the greater part of them, shall, by deed of bargain and sale, indented and truly recorded, convey the said glebe, with the appurtenances, for a valuable consideration of money, bona fide received, to such person or persons as shall be willing to purchase |
| the same, to hold to such purchaser or purchasers, and his or their heir and assigns for ever. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other then the minister and vestry of the said parish, all such right, title, interest, claim, and demand, as they, every, or any of them, should, or might, have had, or claimed, to the said glebe land, if this act had never been made. | |
| III. And whereas by one act of Assembly, made in the twenty-second year of the reign of his present majesty, intituled, An act for dividing the parish of Truro, and dissolving the vestry of the parish of Suffolk, and other purposes therein mentioned; it was, among other things, enacted, That from and after the eleventh day of June next, the said parish of Truro, should be divided by Difficult Run, and its meanders from the mouth to the head thereof, and from thence by a line to the head of Pope's head-run, and down the said run, its several courses and meanders, to the mouth thereof, and that all that part of the said parish, situate on the lower side of the said runs, and line should be one distinct parish, and retain the name of Truro, and all that other part thereof, situate on the upper side of the said runs and line, should be one other distinct parish, and called by the name of Cameron, but it was not provided by the said act, that the inhabitants, of the said parish of Cameron, should be reimbursed the charges which had been levied on them, for purchasing and building on the said glebe, before the said parish of Truro was divided, it being just that they should have some satisfaction for the same: | |
| IV. Be it further enacted, by the authority aforesaid, That the said vestry of the parish of Truro, after they shall have received the purchase money, for which the said glebe shall be sold, shall pay to the vestry of the said parish of Cameron, for the use of their said parish, such part of the said money, as their proportion thereof would have amounted to, at the time of the said division, if such sale had been then made. | |
| V. And be it further enacted, by the authority aforesaid, That the residue of the said money, arising by the sale of the said glebe, shall by the said vestry of |
| the parish of Truro, be laid out and applied towards purchasing a good and convenient glebe, for the use and benefit of the minister of the said parish of Truro, for the time being, for ever. | ||
| CHAP. XXVIII. | ||
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| I. WHEREAS it hath been represented to this General Assembly, that the election of vestrymen, in the parish of Nottoway, in the county of Amelia, was illegal, and the inhabitants of the said parish have petitioned for a dissolution of the vestry thereof; | Vestry of parish of Nottoway, in the county of Amelia dissolved, and a new one elected. | |
| 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 vestry, or pretended vestry, of the said parish, is hereby dissolved, and that all and every act and acts, thing and things, which at any time or times hereafter, shall or may be performed, suffered, or done by them as a vestry, or pretended vestry, of the said parish, shall be, and are hereby declared to be, utterly void, to all intents and purposes whatsoever. | ||
| III. Provided always, That all and every levy and levies heretofore made, and every other act and thing, by the said vestry, or pretended vestry, done, or suffered, shall be good, valid, and effectual, in as full and ample manner, as if the election of the said vestry had been legal and regular. | ||
| IV. And be it further enacted, by the authority aforesaid, That the freeholders, and house keepers, of the said parish of Nottoway, shall meet, at some convenient time and place, to be appointed, and publicly advertised, at least one month before, by the sheriff of the said county, before the tenth day of June next, |
| and then, and there, elect twelve of the most able and discreet persons of the said parish, to be vestrymen thereof, which said vestrymen, so elected, having in the court of the said county of Amelia, 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 vestrymen of the said parish. | |
| CHAP. XXIX. An Act for establishing the town of Westham, in the county of Henrico. | |
| I. WHEREAS one hundred and fifty lots, with streets, have been laid off for a town at Westham in the county of Henrico, on the land lately belonging to Beverley Randolph, esq. deceased, and William Randolph, gentleman, the present proprietor, is desirous that the land lying between the said town and the river should be also included: And whereas the said town is seated near the lower landing of an extensive navigation, above the falls of James river, and is lightly to become the chief place of trade for all the upper inhabitants of that river, and its several branches; | Town of Westham in Henrico county established. |
| II. BE it 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 one hundred and fifty lots, and streets, already laid out, together with the land between those lots |
| and the river, be, and are hereby constituted, appointed, erected and established, a town, to be called by the name of Beverley: That the freeholders and inhabitants of the said town, shall, for ever hereafter, enjoy the same rights and privileges, which the freeholders and inhabitants of other towns, erected by act of Assembly in this colony, have and enjoy; and that it shall and may be lawful for the keepers of storehouses already built, or which shall hereafter be built in the said town, for the reception of tobacco, and other wares and merchandizes, to take the like prices for storage, and shall be under the same rules and regulations, which are appointed by act of Assembly for the keepers or owners of public storehouses. | ||
| CHAP. XXX. | ||
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| I. FORASMUCH as it hath been represented to this Assembly, that Arthur Smith, of the county of Isle of Wight, gentleman, hath laid out a parcel of his lands on Pagan creek, in the said county, into lots and streets for a town by the name of Smithfield, and made sale of the said lots to divers persons who have since settled and built, and are now settling and building thereon; and that the said town is situate on an healthy place, and open to trade and navigation. | Town of Smithfield, in county of Isle of Wight established. | |
| II. BE it 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 parcel of land, lately belonging to the said Arthur Smith, on Pagan-creek, in the county of Isle of Wight, be, and is hereby established a town, as the same is already laid out, to be called by and retain the name of Smithfield, and that the freeholders of the said town, shall, for ever hereafter, have and |
| enjoy the same privilegss which the freeholders of other towns, established by act of Assembly, have and enjoy. | |
| III. And whereas it is expedient that trustees should be appointed to lay off and regulate the streets, and to settle the bounds of the said town, Be it further enacted by the authority aforesaid, That from and after the passing of this act, Robert Burwell, Arthur Smith, William Hodsden, James Baker, James Dunlop, James Arthur, and Joseph Bridger, gentlemen, be constituted and appointed trustees for the said town, and they, or any four or more of them, are hereby authorized and impowered, from time to time, and at all times hereafter, to lay off and regulate the streets of the said town, and to settle and determine all disputes concerning the bounds of the lots of the said town, and to settle and establish such rules and orders, for the more regular and orderly building of the houses in the said town, as to them shall seem best and most convenient. | |
| IV. And be it further enacted, by the authority aforesaid, That in case of the death, removal out of the country, or other legal disability of any one or more of the trustees before named, it shall and may be lawful, for the surviving and remaining trustees, from time to time, to elect and choose so many other persons in the room of those so dead or removed, as shall make up the number of seven, which trustees so chosen, shall, to all intents and purposes, be vested with the same power, as any other in this act particularly nominated and appointed. | |
| And be it further enacted, by the authority aforesaid, That it shall not be lawful for any person whatsoever, to erect or build, or cause to be erected or built, in the said town, any wooden chimney: And if any person shall presume to erect or build any wooden chimney, contrary to the directions of this act, it shall and may be lawful for the sheriff of the said county, and he is hereby required, to cause such chimney to be pulled down and demolished. |
| CHAP. XXXI. | ||
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| I. WHEREAS it hath been represented to this Genersl Assembly, that Richard Witton did survey and lay out a parcel of land in the county of Chesterfield, into sixty six lots of half an acre each, and made sale of the said lots to divers persons, who have since settled and built, and continue building and settling thereon; but because the same was not laid off, and erected into a town by act of Assembly, the freeholders and inhabitants thereof will not be entitled to the like privileges enjoyed by the freeholders and inhabitants of other towns in this colony; | Town of Pocahontas in Chesterfield established. | |
| II. Be it 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 parcel of land lately claimed by the said Richard Witton, lying and being in the aforesaid county of Chesterfield, so as aforesaid laid off into a town, be, and the same is hereby constituted, appointed, erected, and established a town, in manner already laid out, and described to be laid out, and to be called by the name of Pocahontas, and that the freeholders of the said town, shall, for ever hereafter, enjoy the same privileges, which the freeholders of other towns, erected by act of Assembly, enjoy. | ||
| III. And be it further enacted, by the authority aforesaid, That it shall not be lawful, for any person whatsoever, to erect or build, or cause to be erected or built in the said town, any wooden chimney: And if any person shall presume to erect or build any wooden chimney, contrary to the directions of this act, it shall and may be lawful for the sheriff of the said county, and he is hereby required, to cause such chimney to be pulled down and demolished. | ||
| IV. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, John |
| Bolling, Richard Eppes, Clement Reade, Augustine Claiborne, William Kennon, John Archer, Richard Royal, Robert Kennon, and Robert Atkinson, gentlemen, be, and they, and every of them, are hereby constituted directors and trustees, for building, carrying on, and maintaining the said town; and they, or any five of them, shall have power to meet, as often as they shall think necessary, for appointing a public quay, and such places upon the river, for public landings, as they shall think most convenient; and if the same shall be necessary, shall direct the making of wharfs and cranes at such public landings, for the public use. | |
| V. And be it further enacted, by the authority aforesaid, That the said directors shall have full power and authority, to establish such rules and orders for the more regular placing the said houses, as to them shall seem fit, from time to time: And if the inhabitants of the said town shall fail to obey and pursue the rules and orders of the said directors, in repairing and amending the streets, landings, and wharfs, they shall be liable to the same penalties as are inflicted for not repairing the highways in this colony. | |
| VI. And for continuing the succession of the said trustees and directors, until the said town shall be incorporated, Be it further enacted, by the authority aforesaid, That in case of the death of any of the said directors, or their refusal to act, the surviving, or other directors, or the major part of them, shall assemble, and are hereby impowered, from time to time, by instrument in writing under their respective hands and seals, to nominate some other person or persons, being an inhabitant or freeholder of the said town, in the place of him or them so dying or refusing; which new director or directors so nominated and appointed shall from thenceforth have the like power and authority in all things relating to the matters herein contained, as if he or they had been expressly named and appointed in and by this act, and every such instrument and nomination, shall from time to time, be entered and registered in the books of the said directors. |
| CHAP. XXXII. | ||
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| I. WHEREAS by one act of Assembly made in the fifteenth year of the reign of his present majesty, intituled, An act for erecting a town at Bray's church, in the county of King George, sixty five acres of land therein mentioned, and directed to be surveyed and laid out into lots and streets for a town, were vested in certain persons in the said act named, and their successors, who were constituted and appointed directors and trustees, for designing, building, carrying on, and maintaining a town, called Leeds, on the land aforesaid, and were impowered and authorized to sell the lots of the said town; and it was among other things enacted, that the grantee, or grantees, of such lot or lots, so to be conveyed and sold, in the said town, should within two years after the date of the conveyance for the same, erect, build, and finish, on each lot so conveyed, one house, of the materials and dimensions in the said act mentioned, or proportionable to such dimensions, if such grantee should have two lots contiguous; and if the owner of any lot should fail to pursue and comply with the directions in the said act prescribed, for the building and finishing one or more house or houses thereon, then such lot, upon which such house or houses should not be so built and finished, should be revested in the said trustees: And whereas by one other act of Assembly, made in the twenty second year of the reign aforesaid, intituled, An act to impower the trustees of Leed's town to make a causeway through the marsh opposite thereto, and for appointing a public ferry, the trustees of the said town of Leeds, or any four or more of them, were impowered and authorised to agree with any person or persons to clear, dig up, extend, maintain, and improve a causeway, from the river opposite to the said town of Leeds, through the said marsh, to the high land of one Sarah Brookes, in the said last mentioned act named, in Essex county; and from time to time, to widen, repair, and improve the same, and if necessary, | Act esaablishing Leeds town, amended. |
| to erect and build bridges over any gut or creek, in the said marsh; and it was also, by the said last mentioned act, among other things, enacted, that as well the sum of eighty pounds, therein recited to have been raised by the sales of the said lots, and to remain in the hands of the said trustees, after paying off the respective proprietors of the said sixty-five acres of land, as what other money might be raised by further sale of lots, during the time the said causeway should be making, might be by the said trustees, or any four or more of them, appropriated to that use: And whereas the said eighty pounds, with what other money hath been raised by further sale of lots, are not sufficient to complete the said causeway, and if sundry lots in the said town, remaining undisposed of, were sold, and the money paid for the same applied to the uses in the said last recited act mentioned, the beneficial design thereof would be rendered effectual; but no persons are willing to purchase the said lots remaining unsold, on the condition of building on them according to the directions to the said first mentioned act. | |
| 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 every person who shall purchase any of the said lots remaining unsold as aforesaid, is, and shall be discharged and released, and shall and may hold the same discharged, and absolutely released of and from the condition of building an house, or houses thereon, according to the directions in the said first recited act prescribed, and of and from any forfeiture, or forfeitures, by occasion of the breach, or non-performance of such condition, any thing in the said first recited act, or any law, custom, to the contrary thereof, in any wise, notwithstanding. | |
| III. And be it further enacted, by the authority aforesaid, That the said trustees, or any four or more of them, shall and may, and they are hereby impowered to apply the money to be paid for the said lots, so remaining unsold, towards the completion, maintaining, and improving the said causeway. |
| CHAP. XXXIII. | ||
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| I. WHEREAS Nathaniel Harrison, and Hugh Adie, of the county of Stafford, gentlemen, in the year one thousand seven hundred and forty nine, contracted with the justices of the said county of Stafford, and undertook to build and finish a court house for the same county, for the consideration of forty-four thousand and five hundred pounds of tobacco, to be levied, one moiety thereof at the laying of their then next county levy, and the other moiety in the year after, and had almost finished the same, when some evil disposed person or persons feloniously burned and destroyed it: And whereas the said Nathaniel Harrison, and Hugh Adie, ought to be paid so much of the said consideration, of forty-four thousand and five hundred pounds of tobacco, as their work and labour in building the said court house, as far as they proceeded therein, and the materials provided by them for that purpose were worth, but the said justices have not levied the same, on their said county, apprehending they had no authority to do so, the said Nathaniel Harrison, and Hugh Adie, not having completely preformed the said contract. | Act for relief of Nathaniel Harrison, & Hugh Adie, of Stafford. | |
| 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 justices of the said county of Stafford shall, and may, and they are hereby impowered and required to levy, in their next county levy, for the use of, and to be paid to, the said Nathaniel Harrison and Hugh Adie, such proportionable part of the said forty-four thousand and five hundred pounds of tobacco, as they the said justices shall adjudge the work and labour of the said Nathaniel Harrison, and |
| Hugh Adie, in building the said court house, as far as they proceeded therein, and the materials provided by them for that purpose, to be worth. |
| Pages 236-260
| Pages 281-302
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