tuckey, es tablished, CHAP. LXXI. An act to establish a town on the lands of Ignatius Mitchell, in the county of Bourbon. [Passed November 20, 1787.] 1. BE it enacted by the General Assembly, That Town of eighty acres of land at the mouth of Lawrence's creek, Charlestown, in Bourbon on the river Ohio, the property of Ignatius Mitchell, county, Ken- shall be, and the same are hereby vested in John Grant, Charles Smith, jun. Thomas Warren, Miles Withers Conway, Henry Lee, John Machir, and Robert Rankin, gentlemen, trustees to be by them, or any four of them, laid out into lots of half an acre each, with convenient streets, and shall be established a town by the name of Charlestown. So soon as the said eighty acres of land shall be laid off into lots and streets, the said trustees or the major part of them, shall proceed to sell the lots at public auction for the best price that can be had, the time and place of which sale shall be previously advertised for two months, at the door of the courthouse of the county of Bourbon. The purchasers of the said lots respectively, shall hold the same, subject to the condition of building on each, a dwelling house sixteen feet square at the least, with a brick or stone chimney, to be finished fit for habitation, within three years from the day of sale. The said trustees or the major part of them, shall convey the said lots to the purchasers in fee, subject to the condition aforesaid, and shall pay the money arising from the sale thereof, to the said Ignatius Mitchell, or his legal representatives. The said trustees, or a majority of them, shall have power from time to time, to settle and determine all disputes concerning the bounds of the said lots, and to make such regulations for the regular building of houses thereon, as to them shall seem most proper. In case of the death, removal out of the county," ,"or other disability of any of the said trustees, it shall be lawful for the others to supply such vacancy; and the persons so chosen shall have the same powers as if they had been named in this act. The purchasers of the lots when they shall have built upon them accord Ing to the conditions of their deeds, shall have the same rights, privileges, and immunities, that the inhabitants of the other towns not incorporated hold and injoy. If the purchaser of any lot shall fail to build thereon according to the condition of his deed, the said trustees or a major part of them, may thereupon enter into such lot, and sell the same again, and apply the money arising therefrom, in any manner for the benefit of the said town. CHAP. LXXII. An act to amend the charter of the borough of Norfolk. [Passed December 7, 1787.] I. WHEREAS the mode of electing commoncouncilmen for the borough of Norfolk, as fixed by the Charter of borough of charter, is judged impolitic, and unconstitutional, Be Norfolk a it therefore enacted by the general assembly, that on the mended. twenty fourth day of June next, or if that shall happen on a Sunday, then the day following, all and every of the common-councilmen of the said borough of Norfolk, shall be displaced, and that on the same day, the freeholders and inhabitants within the said borough, qualified by law to vote for a delegate to represent the said borough, and also on the same day, of the said month, in every third year thereafter, shall meet at the place where the court of the said borough hath been, or shall be usually held, and then and there elect sixteen fit and able men, being freeholders and inhabitants of the said borough, to serve as common-councilmen within the same for three years; of which election, ten days previous notice shall be given by the mayor, recorder, or senior alderman, for the time being, who shall preside at, and be the judge of the qualifications of the voters at such elections. A majority of the common-councilmen so chosen, shall be a sufficient number to proceed to business, and they shall before they enter on the execution of their office, take the oath VOL. XII. B 4 (or affirmation) of fidelity to the commonwealth, and moreover take the following oath, or affirmation: “I do solemnly swear (or affirm as the case may be) that I will faithfully, impartially, and justly, perform the duty of my office, as common-council-man of the borough of Norfolk, according to the best of my skill and judgment. So help me God." Which oath or affirmation, the mayor, recorder, or either of the aldermen, are hereby authorised to administer and grant a certificate of the same to the person or persons so qualified, which certificate shall be lodged with the clerk of the borough of Norfolk, and by him entered of record on the books of the said common-council.— All intermediate vacancies in the common-council, shall be supplied in like manner on any day which the mayor, recorder, or senior alderman, as the case may be, shall appoint, previous notice thereof being given as aforesaid; and the person or persons so chosen, shall continue in office until the next general election.The common councilmen, when chosen, shall elect one of their body to preside at their meetings, who shall have power to convene the said common-council when necessary. And in case of the death, resignation, or removal of the common-councilman so chosen to preside; it shall be lawful for the mayor, recorder, or senior alderman, as the case may be, to convene the common-council for the purpose of electing one of their body to supply such vacancy. The sole and exclusive right of passing bye-laws, and taxing the freeholders and inhabitants of the said borough, together with the appropriation of all monies belonging to the same, is hereby vested in the common-council. All taxes within the said borough shall be equal and uniform, and for the sole purpose of regulating the police of the same. All vacancies in the court of hustings shall be supplied by the governor, with advice of the council, on recommendations of the said court, from the members of the common-council, or from among the citizens of the said borough, who shall have the qualifications prescribed by this act for the members of the common council. The election of the mayor is hereby declared to be vested in the court of aldermen. So much of the charter of the borough of Norfolk, and of all and every act or acts of assembly, as is contrary to the intent and meaning of this act, is hereby repeal ed. CHAP. LXXIII. An act concerning the emancipation of certain slaves, belonging to the estate of Joseph Mayo, late of Henrico county. [Passed December 13, 1787.] will, 1. WHEREAS Joseph Mayo of the county of Henrico, lately deceased, by his last will and testament in Emancipation of slaves of writing, bearing date the twenty seventh day of May Josen Mayo, one thousand seven hundred and eighty, and duly by ! proved and recorded in the general court on the tenth confirmed. day of October one thousand seven hundred and eighty five, did amongst other things therein contained, make the following bequest. "It is my most earnest request that the gentlemen who shall be named and appointed executors of this my last will, petition the general assembly for leave to set free all and every one of the slaves of which I may die possessed, on account of their services to me whilst alive, and I intreat my said exccutors to leave nothing undone which may be requisite for obtaining the manumission of the said slaves of which I may die possessed." Il. And whereas it appears to this present general assembly just and proper, that the benevolent intentions of the said Joseph Mayo shall be carried into ef fect, under such limitations and restrictions, as will guard the rights of all persons having claims upon the estate of the said Mayo either as creditors or legatees under his will: Be it therefore enacted, that Paul Carrington, Miles Selden, and Joseph Carrington, [Esquires, are hereby constituted and appointed trustees to carry into effect the aforesaid bequest, for emancipating all such slaves as the said Joseph Mayo died possessed of, and all the increase of the said slaves since his death, subject to the direction and controul of the high court of chancery; who are hereby authorized and required to make all such orders and decrees as may from time to time, to the said court seem just and reasonable, for carrying the said bequest into full effect, having regard to the payment of all debts due by the said Joseph Mayo, and the legacies devised by him, if any such devisees there be, which ought in the opinion of the court be complied with, prior to the emancipation of such slaves, and to raise such a sum of money from the labour of the said slayes, as will, in the opinion of the court, be sufficient to provide for the maintenance and support of all such slaves belonging to the said Mayo's estate, as from their tender years or from advanced age or infirmities, may be deemed incapable of providing for themselves or in danger of becoming chargeable to the community: And in case of the death, refusal, or disability to act, of any of the aforesaid trustees, it shall and may be lawful for the said high court of chancery to appoint one or more trustees in the room of him or them so dying, refusing, or disabled. And the said high court of chancery. shall have full power and authority to make all other rules, orders, and decrees, respecting the management of the said slaves: and as soon as, in the opinion of the said court sufficient provision shall be made for payment of the debts and legacies with which the said estate is chargeable, and sufficient provision for the support of those slaves who 'from age or infirmities may be able to maintain themselves, then it shall and may be lawful for the said high court of chancery to make such order or decree as to them may seem proper for emancipating the aforesaid slaves, and shall cause to be delivered to such slave so emancipated, or to the trustees appointed agreeably to this act. a certificate of the emancipation of every such slave, who shall after such order or decree and certificate being issued agreeably thereto, be fully emancipated, and entitled to all privileges to which other free negroes and mulattoes are by law intitled, in as full a manner as if they and each of them were specially named in this act. Provided nevertheless, that at any time before the said high court of chancery shall make their final decree for the emancipation of the said slaves, it shall be lawful for any creditor or legatee of the said Joseph Mayo, deceased, to institute and maintain any action either in law or equity, for the recovery of any such debt, or legacy, in like manner as if this act had never beeo passed. Provided also and be it further enacted, that nothing in this act contained shall be construed to affect the right or interest of any devisee or devisees |