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than Clarke, and James Tutt, gentlemen, are hereby constituted commissioners; and they, or a majority of them, shall on or before the twentieth day of March next, view and fix on the most convenient and direct way for opening a road from Fredericksburg 10 the city of Richmond, having regard as well to the situation of the ground, as the convenience of individuals, through whose lands such road is to be opened, and make report thereof to the courts of the counties through which the same is to pass; and thereupon the like proceedings shall be had, and the same penalties juflicted, and res covered in like manner, as is herein before directed and prescribed in opening the road from Chester's-gap to ihe city of Richmond.

IV. And be it further enacted, That no county court shall have power, by any order or proceeding, to alter or change the ground or course of either of the said reci. ted roads, established as aforesaid.

CHAP. LXXXVIII.
An act for incorporating the town of

York. BE it enacted by the General Assembly, That on 'Town of York incorporated the first Monday in March next, and on the same day in

every year afterwards, the freeholders of lots within the town of York, whether improved or not, and whether such freeholders reside therein or not, and the housekeepers and inhabitants of the said town, who shall have resided therein at any time for the space of three months without the intermission of one twelve-month, and possess in their own right within the same, move. able or immoveable property to the value of fifty pounds, shall meet at the court-house of the county, or at such other place as shall by a bye-law be hereafter appointed, and shall then and there elect by ballot twelve fit and able men, being freeholders and inhabitants of the said town, who, or a major part of them, shall on the same or second day thereafter, between the hours of eight and twelve in the forenoon, publicly elect by ballot from among themselves, one person le

act as mayor, another as recorder, and four others as alderınen, of the said town, and the other six of wbom shall be common-council. The power of the persons at any time elected mayor, recorder, aldermen, and common-councilmen, shall not be continued longer than until other persons shall have been elected to those offices respectively, or than the expiration of the second day immediatelyfollowing the said first Monday in March in every year, as the case may be; but they may nevertheless be re-elected, except that no person shall be capable of acting as mayor more than once in any term of three years. Vacancies occasioned by death, disability, or resignation, at any time before the annual election, shall be supplied by the choice of the mayor, recorder, aldermen, and common-council, in common hali assembled, that is to say, a vacanoy in the office of mayor or recorder, shall be supplied out of the aldermen; a vacancy in the office of alderman, out of the common-council; and a vacancy in the common-council, out of the freeholders and inhabitants of the said town. The mayor, recorder, and aldermen, to be elected on the said first Monday in March next, shall not enter upon the execution of their office until they have respectively taken an oath, or affirmation, before some justice of the peace of the county of York, for the faithful discharge of the duties thereof; and the mayor, recorder, and aldermen, to be elected afterwards, shall take such oath, or aflirmation, before they respectively enter upon the duties of their office, in the presence of the court of hustings, or of some meeting of the common council herealier mentioned. The said freeholders, house keepers, and inhabitants, and those persons, who shall hereafter become freeholders, house keepers, or inhabitants, as aforesaid, shall be a body politic and corporate, by the Sivle of cota name of the mayor, aldermen, and commonalıy, of the pora jon. town of York, and by that name have perpetual succession and a common seal. They and their successors by the name aforesaid, shall be capable in law to have, purchase, receive, enjoy, possess, and retain to them and their successors forever, any lands, rents, tenements, or hereditaments, of what kind, nature, or quality soever; and also to sell grant, demise, alien, or dispose of the same; and by the same name to sue and implead, be shed and impleaded, answer and be an:

VOL. XIX

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 te 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 tases on the white and black male tithables, and on the properiy, 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 fees for every ordinary license witbin 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 relate 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 tobacco; nor any action where the cause ofit exceeds the value of filiy pounds, or five thousand pounds weight of crop tobacco, unless it be in ejectment. The said court shall bave the power of examining and trying criminals for all ofiences committed within the limits of the said corporation, either at their monthly sessions, or in the vacation, in the same manner as the county 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 act 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 be 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 bye-law, ordinance or regulation

shall be binding, unless the same shall have been 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 hereby constituted a court of record, and as such to receive probate of wills and deeds, and grant administration and marriage lia censes, in as full apd ample manner as the county courts by law can or may do. Provided always, That no will shall be admitted to record in the said court, nor shall the said court grant administration, unless the testator or intestate, as the case may be, was resident within the linits 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, alder: man, or common council thereof.

of

CHAP. LxXXIX.
An act to emancipate James, a negro

slave, the property of William
Armistead, genileman.

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

"' his master, in the year one thousand seven bundred and stead, emancipated eighty-one, enter into the service of the Marquis la

Fayetle, and at the peril of his life found means to frequent the British camp, and thereby faithfully execu- ' ted 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 enacted, That the said James shall, from and after the passing of this act, enjoy as full freedoin as if he had been born free; any law to the con trary thereof, notwithstanding.

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