tees, to elect and choose so many other persons in the room or stead of those deceased, resigned, removed, or disabled, which trustees so elected, shall be to all intents and purposes, vested with the same power and authority as any other in this act particularly appointed.

III. And be it further enacted, That so soon as the purchasers or owners of lots within the said town, shall have built thereon a dwelling-house of sixteen feet square, with a brick or stone chimney, such purchaser or owner shall be entitled to, have, and enjoy all the rights, privileges and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy.

IV. And be it further enacted, That it shall not be lawful to build wooden chimnies within the said town; and if any person shall build, or begin to build, any wooden chimney or chimnies within the same, the trustees thereof may direct all such to be pulled down and demolished.

of land of

CHAP. CIX.

An act for appointing trustees to convey a tract of land, the property of Charlotte Dalton, to David Che

vis.

Trustees to I. WHEREAS it has been represented to this preconvey attract sent general assembly, that Charlotte, the wife of SamCharlotte uel Dalton, was, previous to her intermarriage, entiDalton to Da- tled to a moiety of a tract of land in the county of

vid Chevis.

Caroline, containing about one hundred and fifty acres, the possession whereof has lately been recovered by a suit at law; and whereas the said Samuel Dalton, and Charlotte his wife, being residents in the state of North-Carolina, derive little or no benefit from the said land, but it being contiguous to a tract belonging to a certain David Chevis, who, from that circumstance.

was induced to contract, and is willing to give for the same the sum of one hundred and fifty pounds, which is the full value thereof, but no legal sale or conveyance thereof can be made, the said Samuel Dalton prior to, and ever since the recovery of the possession of the said land, having been insane and incapable of transferring his property; and the said Charlotte Dalton, his wife, hath petitioned this assembly to confirm. the title of the said David Chevis to a moiety of the said lands, upon payment of the purchase money:

11. Be it therefore enacted, That the moiety and right of the said Charlotte Dalton in and to the said tract of land, shall be, and the same is hereby vested in Samuel Dalton, William Dalton, Archelaus Hughes, and William Martin, gentlemen, trustees, and that they, or a majority of them, shall convey the same to the said David Chevis in fee, upon his paying the aforesaid sum of one hundred and fifty pounds to the said Charlotte Dalton, or other person authorized by him. to receive the same.

CHAP. CX.

An act to empower Robert Mackey and John Peyton to build upon and convey certain lots in the common annexed to the town of Winches

ter.

mitted to

1. BE it enacted by the General Assembly, That the Robert Maclot numbered "Fifty," the property of Robert Mackey, key and John and the lot numbered "Forty-nine," the property of Peyton per John Peyton, in the common of the town of Winches- build on certer, as the same are bounded and described in the plan tain lots in of the said common, are, and shall be forever hereaf- the commons ter, added and annexed to the said town; and it shall and may be lawful for the said Robert Mackey and John Peyton, their heirs or assigns, to lay off the same into convenient lots, and to sell and convey such lots

of Winches

ter.

Lots annexed to town.

to any person or persons; and the purchasers shall hold the same freed and discharged from all restrictions or conditions in the deeds from the late proprietor of the Northern-Neck, prohibiting the erecting buildings thereon, or declaring the same inseparably annexed or appendant to certain lots in the said town:

II. And be it further enacted, That the inhabitants and proprietors of the lots so annexed to the town shall be subject to the jurisdiction of the court of bustings and commonhall thereof, and shall have the same privileges and immunities as the other inhabitants of the said town enjoy.

Lotteries au

and in Nor.

folk county.

CHAP. CXI.

An act to authorize the raising a sum of money by way of lottery, for completing a church in the borough of Winchester, and rebuilding a church in the parish of Elizabeth River, in the county of Norfolk.

BE it enacted by the General Assembly, That it thorised for shall and may be lawful for the minister and elders of building a church in the German Lutheran Church, in the borough of WinWinchester chester, to raise by way of lottery, a sum of money not exceeding five hundred pounds, to be by them applied towards completing a church in the said borough And it shall also be lawful for the vestry of the parish of Elizabeth River, in the county of Norfolk, to raise by way of lottery, a sum of money not exceeding seven hundred pounds, for the purpose of rebuilding a church in the said parish.

CHAP. CXII.

An act to authorize the society of Free Masons in the city Richmond, to raise a sum of money by way of lottery

thorised for

BE it enacted by the General Assembly. That it battery su shall and may be lawful for the society of Free Maerecting the sons in the city of Richmond, to raise, under the di- Mason's Hall rection of the commonhall of the said city, a sum of in R chmond. money not exceeding fifteen hundred pounds, by way of lottery, for the purpose of erecting and completing a Free Mason's Hall in the said city; any law to the contrary thereof, notwithstanding.

CHAP. CXIII.

An act for establishing a town on the lands of Smyth Tandy, in the county of Amherst.

County, established.

BE it enacted by the General Assembly, That fifty Town of Caacres of land, the property of Smyth Tandy, lying at bet burg, in the place called and known by the uame of New-Glas- Amherst gow, in the county of Amherst, be, and they are hereby vested in Hugh Rose, Gabriel Pean, Samuel Meredith, John Wyatt, Charles Rose, and Samuel Jordan Cabell, gentlemen, trustees, to be by them, or a majority of them, laid out into lots of half an acre each, with convenient streets; which shall be, and is hereby established a town, by the name of Cabellsburg: That so soon as the said fifty acres of land shall be so laid off into lots and streets, the said trustees, or a majority of them, shall proceed to sell the same at public auction, for the best price that can be had, the time and place of which sale shall be previously advertised for

one month in the Virginia Gazette. The purchasers to hold the said lots respectively, subject to the condition of building on each a dwelling-house, sixteen feet square at least, with a brick or stone chimney, to be finished fit for habitation within three years from the day of sale; and the said trustees, or a majority of them, shall convey the said lots to the purchasers in fee, subject to the condition aforesaid, and pay the money arising from the sale thereof to the said Smyth Tandy, or his legal representatives. The said trus

tees, or the major part of them, shall have power from time to time to settle and determine all disputes concerning the bounds of the lots, and to establish such rules and orders for the regalar building of houses thereon, as to them shall seem best: And in case of the death, removal out of the county, or other legal disability, of any one or more of the said trustees, it shall be lawful for the remaining trustees to elect and choose other persons in the room of those dead or disabled; which trustees so chosen, shall, to all intents and purposes, be vested with the same powers and authority as any other in this act particularly nominated and appointed. The purchasers of lots in the said town, so soon as they shall have built upon and saved the same, according to the conditions of their respective deeds of conveyance, shall then be entitled to, and have and enjoy, all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated, hold and enjoy. If the purchaser of any lot shall fail to build thereon within the time before limited, the said trustees, or a majority of them, may thereupon enter into such lot, and sell the same again, and apply the money for the benefit of the inhabitants of the said town. Provided always, That nothing herein contained shall be construed or taken to give the said trustees a power to lay out into lots, or dispose of such parts of the said fifty acres of land, on which there are any buildings, orchards, or gardens.