II. And be it further enacted, That as soon as the purchasers or owners of lots within the said town, shall have built thereon a dwelling house sixteen feet square, with a brick or stone chimney, they shall respectively 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.

Court day of

CHAP. LXVIII.

An act altering the court-day of the county of Charles city.

[Passed December 4, 1787.]

I. BE it enacted by the General Assembly, That Charles City from and after the first day of February next, a court county alter for the county of Charles city, shall be held on the third Thursday in every month, any law to the contrary notwithstanding.

ed,

Court day of

ty altered.

CHAP. LXIX.

An act for altering the court-day of the county of Halifax.

[Passed November 20, 1787.]

1. BE it enacted by the General Assembly, That Halifax coun- from and after the first day of February next, a court for the county of Halifax, shall be held on the fourth Monday in every month, any law to the contrary thereof notwithstanding.

CHAP. LXX.

An act to establish a town on the lands of David Gerrard, in the county of Berkeley.

[Passed November 22, 1787.j

1. WHEREAS it hath been represented to the present general assembly, that David Gerrard hath laid off Town of Midone hundred lots with convenient streets in the county Berkeley dletown in of Berkeley, and hath made application that the same county estab may be established a town. Be it therefore enacted, lished. That the said one hundred lots and streets so laid off by the said David Gerrard, shall be established a town. by the name of Middletown; that William Hanskaw, James Hair, John Gray, Gilbert M'Kown, and Robert Allen, gentlemen, are hereby constituted trustees thereof, and they, or the major part of them, are authorized to make such rules and orders for the regular building therein, as to them shall seem best and most convenient, and have full power to settle and determine from time to time, all disputes concerning the bounds of the said lots. In case of the death, resignation, or removal out of the county of any one or more of the said trustees, such vacancy shall be supplied by the remaining trustees, and the person or persons so chosen shall be vested with the same power and authority as any one in this act particularly named.

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

Town of Charlestown, in Bourbon

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 eighty acres of land at the mouth of Lawrence's creek, 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 Warreu, 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 previ- . ously 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.]

1. 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 Dumber to proceed to business, and they shall before they enter on the execution of their office, take the oath Vob. 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.