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swered in all courts and places; and from time to time to make and establish such bye-laws, rules, and ordinances, not contrary to the constitution or laws of this commonwealth, as shall by them be thought necessary for the good ordering and government of such persons as shall from time to time reside within the limits of the said town, or shall be concerned in interest therein. That they and their successors, by the name aforesaid, shall especially have power to rent, erect or repair work-houses, houses of correction, a court-house, prison, market-house, and hospitals for the reception of persons infected with contagious disorders, and other public buildings, for the benefit of the said town; to pay the charges of removing such infected persons to the hospital, to provide doctors, nurses, and other necessary attendants, as well as guards to prevent the spreading of such disorders; and keep in order the streets and lands in the said town; and to impose taxes on the white and black male tithables, and on the property, real and personal within the said town, for the execution of all or any of the powers hereby given them; to make provisions and regulations for collecting and accounting for the taxes raised, by appointing a collector, or directing distress to be made for delinquencies, or by any other ways or means; to erect wharfs, and to lay a reasonable duty on the vessels coming to and using the same, for the purpose of defraying the expence of erecting and keeping in repair the wharfs so erected; to fix fines upon the owner or holder of every billiard table, tippling-house, booth or tent within the jurisdiction of the corporation; and to demand reasonable sees for every ordinary license within the same, over and above those established for raising a revenue; and to expel disorderly persons, who shall not have been resident therein for twelve months.. That all acts herein directed to be done by the mayor, recorder, aldermen, and common-council, shall be done by them when assembled in commonhall, when seven members shall be present, of which the mayor, recorder, or eldest alderman, shall always be one. They shall meet upon the summons of such mayor, or in his absence, sickness or disability of the recorder, or in the absence, sickness, or disability of both mayor and recorder, then of the eldest alderman. The mayor, recorder, and aldermen, or any four or
more of them, shall have power to hold a court of hustings on the fourth Monday in every month. The jurisdiction of such court shall relale to those cases, which originate within the limits of the said town), and shall be the same as the jurisdiction of the county courts, as established by the act, intituled "An act for establishing county courts, and regulating the proceedings therein," except in the following instances; the said court shall not hear and determine any penal cause, unless it be for a breach of the laws of the corporation, the penalty whereof does not exceed forty shillings, or two hundred pounds of crop lobacco; nor any action where the cause ofit exceeds the value of fifiy pounds, or five thousand pounds weight of crop tobacco, unless it be in ejectment. The said court shall have the power of examining and trying criminals for all offences committed within the limits of the said corporation, either at their monthly sessions, or in the vacation, in the same manner as the couniy courts can or may do by law; the said court shall have the sole power of licensing tavern keepers and settling their rates, establishing an assize of bread, wine, wood, coal and other things, and also of appointing a serjeant, who shall have the power of a sheriff, constables, and other necessary officers of the court, and surveyors of the streets, and any other officers not especially directed in this aćt to be appointed by any other power. The same fees shall be allowed to the officers of the court as are by law allowed to the clerk and sheriff of a county, and shall be collected and accounted for in the same manner. No officer of the court shall enter upon his office until he shall have taken an oath, or affirmation, before the court for the faithful discharge of the duties thereof. The serjeant shall moreover give bond with sufficient security, payable to the mayor, recorder, aldermen, and common council, and their successors, in reasonable penalty, for the due execution of his office. The mayor, recorder, and aldermen shall each bę vested with the powers of justices of the peace within the said town, for matters arising within the same according to the laws of this commonwealth. The mayor, recorder, any alderman or common councilman; may be removed from his office for good cause, and after due summons, by the opinion of seven members of the common hall; and no hye-law, ordinance or regulation
shall be binding, unless the same shall have bcen passed and entered into by the voice of seven members of the common hall The court of hustings of the said town of York, shall be and the same is bereby constituted a court of record, and as such to receive probate of wills and deeds, and grant administration and marriage licenses, in as full and ample manner as the county courts by law can or may do. Provided always, That 10 will shall be admitted to record in the said court, por shall the said court grant administration, unless the testator or intestate, as the case may be, was resident within the limits of the jurisdiction of the said court at the time of his or her death; nor shall any deed whereby lands are conveyed, be admitted to proof or record in the said court, unless such lands be within the limits as aforesaid. No ordinary keeper in the town of York, shall be capable of serving as mayor, recorder, alderman, or common council thereof.
slave, the property of William
I WHEREAS it is represented that James, a negro James,a slave slave, the property of William Armistead, gentleman, the property of the county of New Kent, did, with the permission of stead, eman.
"his master, in the year one thousand seven bundred and eipated. eighty-one, enter into the service of the Marquis la
Fayette, and at the peril of his life found means to frequent the British camp, and thereby faithfully executed important commissions entrusted to him by the marquis; and the said James hath made application to this assembly to set him free, and to make his said master adequate compensation for his value, which it is judged reasonable and right to do.
II. Be it therefore enucted, That the said James shall, from and after the passing of this act, enjoy as full freedom as if he had been born free; any law to the con. tary thereof, notwithstanding.
III. And be it further enacted, That the executive shall, as soon as may be, appoint a proper person, and the said William Armistead another, who shall ascertain and fix the value of the said James, and to certify such valuation to the auditor of accounts, who shall issue his warrant to the treasurer for the same, io be paid out of the general fund.
An act to compel the performance of
a Trust under the Will of John
1. WHEREAS John Williamson, late of the coun
" Trustees, un. tv of Hanover, deceased, by his last will, among other der the will things, did give and devise a part of his estate to cer- of John Wil. tain persons, and their successors forever, in trust, for liamson, dec. them to apply the profits thereof annually to particular how lo ac. purposes directed in his will, with power in case of the death or removal of any one of the said trustees, for the survivors to supply the vacancy for ever, as the same should happen; but made no provision for the said trustees to account for the execution of the said trust, or to compel then to apply the profits of the eslate as directed by the will, which it is just and right they should do:
Il. Be it therefore enacted by the General Assembly, That the present trustees, under the will of the said John Williamson, and their successors forever, shall annually, either in the month of June or July, return an account upon oath to the court of their respective counties wherein they reside, as well of the profits of the said trust estate, as of the disposition and application thereof, to be by the clerk of the court recorded. Every trustee shall give such bond and security in the court of the county where he resides, as the trustees immediately appointed by the will of the said John Williamson gave, before they shall proceed to executa the said trust.
James Scoll, deceased, to sell a part
p I, WHEREAS James Scott, gentleman, late of the James Scott, county of Fauquier, died seized of a considerable real authorised to estate, leaving a widow and eight children, and by bis sell part of his lands, for W
for will directed that his children should be maintained payment of and educated out of the profits of his estate, and that Iris debts. after the death of his wife, the same should be sold
and equally divided amongst them, making no provision therein for the payment of his debts; and whereas it is represented to this assembly, by Elizabeth Scott, widow and executrix, and Cuthbert Bullitt, surviving executor of the said James Scott, that the slaves and personal estate, if sold for the payment of the debts, will deprive the children of the means of being maintained and educated according to the will of the said James Scott, and they have made application for an act to enable them to dispose of so much land as will be sufficient to pay the debts:
11. Be it therefore enacted, That the said executors shall be, and they are hereby authorised and empowered, to sell and convey so much of the lands of the said James Scott, as was directed by his will to be sold after the death of his widow, as will raise a sum sufficient for the payment of their testator's debts, taking bond with sufficient security from the purchaser or purchasers for the sales of the said land.
In act for clearing and extending the navigation of Chickahominy river.
of 1. WHEREAS extending the navigation of Chickextendig ahominy river will be of public utility, and it is repre