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day of September, in the tenth year of his present majesty's reign, and in the year of our Lord one thousand seven hundred and thirty six, the town of Norfolk is erected into a borough, by the name of the Borough of Norfolk, and the inhabitants thereof are made a Body Corporate, consisting of a mayor, recorder, eight aldermen and sixteen common councilmen, with capacity to purchase and receive manors, lands, tenements and hereditaments, not exceeding one thousand pounds sterling per annum, and all goods and chattels whatsoever, to hold to them and their successors for ever; and to plead and be impleaded, prosecute and defend, all causes, complaints, actions real, personal and mixed; and to have one common seal, and perpetual succession; with power to the said mayor, recorder and aldermen, to be justices of the peace within the said borough, and directors of all buildings and streets in the said borough; and to make constables, surveyors of the highways and other officers ; also to hold a court of hustings, once in every month, within the said borough; and to appoint clerks, and other proper officers, from time to time, where there shall be occasion; and to settle and allow reasonable fees, not exceeding the fees allowed in the county courts; and to have jurisdiction, and to hold plea of trespass and ejectment, and all writs of dower, for any lands and tenements within the said borough, and all other actions, personal or mixed, arising within the same, so as the demand in such action, personal or mixed, do not exceed twenty pounds current money, or four thousand pounds of tobacco; and as a court of record to give judgment, and award execution thereon, according to law; also with power to the said mayor, recorder, aldermen and common councilmen, to erect workhouses, and houses of correction, and prisons; and to make byelaws and ordinances for the regulation and good government of the trade and other matters within the said borough, to be observed and performed by all manner of persons residing within the same, under reasonable penalties and forfeitures, to be levied by distress. and sale of the goods of the offenders, for the publick benefit of the said borough; with power to elect and send one burgess to sit in the house of burgesses, as in the said charter is particularly directed; and to hold and keep three markets weekly, and two fairs yearly; and to hold courts of pipowder; and have and take all tolls, profits and perquisites arising, due and incident from and to such markets, fairs and courts of pipowder, as in the said charter more fully is contained; and for strengthening and confirming the same.

II. Be it enacted by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said Charter, and all the clauses, grants, powers, privileges and immunities, therein mentioned and contained, be and are hereby confirmed unto the said borough of Norfolk, and the inhabitants thereof, for ever; and that the present recorder of the said borough, and the recorder thereof for the time

being, shall, in his absence from the said Borough, have full power and authority to exercise the said office, by his sufficient deputy, by him from time to time to be appointed, by writing, under his hand and seal, so as such deputy be approved by the court of the mayor, aldermen and common council, of the said borough, or the major part of them.

III. And be it further enacted, by the authority aforesaid, That the court of hustings in the city of Williamburg shall from henceforth have jurisdiction, and hold plea of all actions personal and mixed, and attachments, whereof any county court within this colony by law have or can take cognizance; and that the mayor, recorder and aldermen, of the said city, respectively, shall have, use and exercise all the powers, jurisdictions and authorities, out of court, which any justice or justices of the peace of a county now have, or can or may use and exercise.

Signed by WILLIAM GOOCH, Esq. Governour.
Sir JOHN RANDOLPH, Speaker.

An Act to explain the Charter and enlarge the Privileges of the Borough of Norfolk, and for other purposes therein mentioned. (*)

(Passed in 1752.)

I. Whereas his present majesty king George the second, by his royal charter, bearing date, under the seal of this colony, the fifteenth day of September, in the tenth year of his reign,was graciously pleased to grant to the inhabitants of Norfolk that the same should be a Borough Incorporate, consisting of a mayor, recorder, eight aldermen and sixteen common councilmen, and was further pleased, among other things, to grant unto the said mayor, recorder, aldermen and common council, of the said borough, and to their successors for ever, and to all freeholders of the said borough owning half a lot of land with an house built thereon according to law, and to all persons actually residing and inhabiting within the said borough having a visible estate of the value of fifty pounds current money at the least, and to all persons who should serve five years to any trade within the said borough, and should after the expiration of their time be actually housekeepers and inhabitants in the said borough, full power and authority to name, elect and send, one burgess qualified as therein is mentioned, to be present, sit and vote, in the house of burgesses of this colony; and some doubts and controversies having lately arisen concerning the construction of the said (*) See 10 Geo. 2. (1736) Cap. 6. and notes subjoined.

charter, with respect to the qualifications of persons entitled by the said charter to vote at the election of a burgess for the said borough: For settling the said doubts and controversies,

II. Be it enacted, by the Lieutenant Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, and the true intent and meaning of the said Charter is hereby declared to be, That no person shall vote at the election of a burgess for the said borough, in right of any freehold, unless he has an estate of freehold in one half of a lot of land within the said borough, and that there be standing upon the said half of a lot an house of such dimensions as is required by law for saving one whole lot, in tenantable repair at the time of giving such vote; and where two or more are seized of any estate or freehold within the said borough, as joint tenants, tenants in common, or copartners, no more than one vote shall be given or allowed in right of such freehold, and that only in case all the parties interested can agree, otherwise no vote shall be allowed to be given for any such freehold; and that no person shall be entitled to vote at such election, as an inhabitant or resident within the said borough, unless he has actually resided there twelve months next before the time of giving his vote; and no person whatsoever being a servant, by indenture, covenant, or otherwise, shall be allowed to give any vote at such election, in right or on account of his being an inhabitant or resident within the said borough; and that no person shall be entitled to vote at such election, in right or on account of his having served five years in the said borough, unless he shall have actually served as an apprentice to some trade within the said borough for the term of five years, and shall have obtained a certificate thereof from the court of hustings within the said borough, under the common seal of the said borough, and is also an inhabitant or housekeeper within the said borough at the time of giving his vote; the charge of which seal, to any apprentice so serving as aforesaid, shall not exceed two shillings and sixpence current money.

III. And be it further enacted, by the authority aforesaid, That any person claiming a right to vote as a freeholder, before he is admitted to poll at the election of a burgess for the said borough, shall if required by any candidate, or other person entitled to vote at such election, take the following oath (or, being one of the people called quakers, shall declare to the effect of the same upon his affirmation) that is to say:

"You shall swear that you have a sole estate of freehold, or estate of freehold in joint tenancy, tenancy in common, or coparcenary with in one half of a lot of land within the borough of Nortolk, and that there is an house now standing thereon of such dimensions as is required by law for saving one whole lot, in tenantable repair; and that the same hath not been granted to you fraudulently, on purpose to qualify you to give your vote at this electton."

And every person claiming a right to vote as a resident and inhabitant within the said borough shall, if required, take the following oath (or, being a quaker, declare the same on his affirmation) that is to say:

"You shall swear that you are, and have been for twelve months last past, a resident and inhabitant within the borough of Norfolk, and that you have a visible estate of the value of fifty pounds current money, at the least; and that the same, or any part thereof, hath not been given or conveyed to you fraudulently, on purpose to qualify you to give your vote at this election."

IV. And be it further enacted, That no person shall be qualified to be elected one of the common councilmen of the said borough until he has actually resided there twelve months at the least, and such residence shall be deemed a sufficient qualification, although he be no freeholder; and that the writ for electing a burgess for the said borough shall be directed to the said mayor of the said borough for the time being, as has been used heretofore, and the said mayor is hereby declared to be the returning officer.

V. And for ascertaining the bounds of the said borough, Be it enacted, by the authority aforesaid, That the mayor, recorder and alder. inen of the said borough, for the time being, be, and they are hereby declared to be, the sole feoffees, or trustees and directors of the said borough, and that they be hereby empowered to order a complete plan to be made of the bounds within the said borough, and that the charge thereof be paid by the respective freeholders.

VI. Provided nevertheless, That nothing herein contained shall be construed to take away, or alter, the right and title of the Justices of the county of Norfolk in and to one certain lot or parcel of land within the said borough, whereon the court house and prison now stand.

VII. And be it further enacted, by the authority aforesaid, That the court of hustings within the said borough, shall from henceforth have the sole power of granting licenses to ordinary keepers within the said borough, and that the county court of Norfolk shall not exercise any jurisdiction in that matter, as hath been formerly done. VIII. Provided always, That such licenses be granted in the manner directed by an act of assembly made in the twenty second year of the reign of his present majesty, entitled, An Act for regulating ordinaries, and restraint of tippling houses; and the justices of the said court of hustings shall have the same power and authority, both as to granting licenses and regulating and suppressing ordinaries, as the justices of any county court within the colony have or may exercise by virtue of the same or any other act of assembly.

IX. And whereas it appears to this assembly that there is no courthouse or prison belonging to the corporation of the said bo

rough, for the commitment of debtors, criminals and offenders, but that the courthouse and prison of Norfolk county, standing within the limits of the said borough, hath hitherto been used for that purpose, on sufferance, which is attended with inconvenience, both to the said county and borough, and that they are desirous a courthouse and prison should be built for the use of the said borough, at the charge of the inhabitants of the corporation, but it is a doubt whether they have power by their charter to assess a tax on the said inhabitants for that use, or for any other needful occasion of the borough, when their chamber is deficient, Be it therefore enacted, by the authority aforesaid, That it shall and may be lawful for the mayor, recorder, aldermen and common council of the said borough, for the time being, in common hall assembled, to levy and assess, by the poll, on the tithable persons inhabiting within the said borough, all such sum and sums of money as shall be necessary for erecting a courthouse and prison for the use of the said borough, if their chamber shall be deficient, and to appoint a collector of the same; and if any person or persons shall refuse or neglect to satisfy or pay the money so on him, her, or them, levied or assessed, according to the times appointed for payment thereof, it shall and may be lawful to and for such collector, on warrant from under the hand of any magistrate of the said borough, to levy the money so due by distress and sale of the delinquent's goods, in the same manner as for non payment of publick and county levies in this colony.

X. And be it further enacted, by the authority aforesaid, That the justices of the county of Norfolk for the time being, shall, and they are hereby required, at the time of laying the levies for the said county, in every year, to levy for the sergeant and constables of the said borough for the time being, so much tobacco as shall hereafter become due to them for all such services done, and prison fees, arising within the said borough, not already by law directed to be paid, as would properly be chargeable on the said county, by the sheriff and constables thereof, in case the said borough had not been incorporated.

XI. And whereas, at the time of laying out the aforesaid town of Norfolk, a lot or parcel of land was laid off and set apart for the use of a school, for the benefit of the inhabitants of the said borough and county of Norfolk, which said lot or parcel of ground is capable of being improved and built on, Be it enacted, by the authority aforesaid, That the court of the said county of Norfolk, and the mayor, recorder and aldermen of the said borough, or the major part of them, shail have full power and authority to build on, or let, the said lot or parcel of land, for any term of years, for the use and benefit of the said school, and to provide and agree with an able master for the said school, capable to teach the Greek and Latin tongues; which said master, before he be received or admitted to keep school, shall undergo an examination before the masters of the college of William

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