and Mary, and the minister of Elizabeth parish, for the time being, and produce a certificate of his capacity, and also a license from the governor, or commander in chief of this dominion for the time being, agreeable to his majesty's instructions, which said master, qualified as aforesaid, shall continue in such office during his good behaviour, and no longer.

An Act to enlarge the Power of the Corporations of the City of Williamsburg and Borough of Norfolk, and for other purposes therein mentioned.*

(Passed in 1757.)

I. Whereas his late majesty king George the first, of blessed memory, by his royal charter, bearing date, under the seal of this colony, the twenty-eighth day of July, in the eighth year of his reign, was graciously pleased to grant unto the inhabitants of Williamsburg that the same should be a City Incorporate, consisting of a mayor, recorder, six aldermen and twelve common councilmen, and was further pleased, amongst other things, to give and grant to the said mayor, recorder, aldermen, and common councilmen, of the said city, and to their successors, for ever, full and free power and authority to have, hold, and keep two markets weekly, in some convenient place in the said city, to be by them appointed, that is to say, on every Wednesday and every Saturday in the week, and by a charter passed under the great seal of this colony, bearing date, at Williamsburg, the fifteenth day of September, in the tenth year of his present majesty's reign, 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, amongst other things, to hold, and keep three markets weekly, that is to say on Tuesday, Thursday, and Saturday, in every week; and whereas it hath been found very inconvenient for the inhabitants of the said city and Borough not to hold a market oftener, and application hath been made to the honorable Robert Dinwiddie, esquire, his majesty's lieutenant governor and commander in chief of this colony, for leave to pass an act To enlarge the Power of the Corporations of the said City and Borough, with respect to their Markets, and he hath been pleased to give his consent thereto : Be it therefore 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 it shall and * See 4 Ann. (1705) Cap. 9, with notes subjoined.

may be lawful for the mayor, recorder, aldermen, and common councilmen, of the said city and borough, respectively, and their successors, to appoint such days for holding a market in the said city and borough, in every week as they shall think proper, and to set such toll on all such cattle, goods, wares, and merchandises, and other commodities as shall be sold in the said markets, as they shall think reasonable, not exceeding the several sums mentioned in the said charters.

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the mayor, recorder, aldermen, and common councilmen, of the said city and borough respectively, or the major part of them, in common council assembled, to levy and assess by the poll, on the tithable persons inhabiting within the said city and borough, all such sum and sums of money as shall be necessary for building a house or houses, and providing all things necessary for holding a market within the said city and borough respectively, if their chamber shall be deficient, and to appoint a collector of the same; and if any person or persons shall neglect or refuse to satisfy or pay the money so on him, her, or them, levied and assessed, according to the time appointed for payment thereof, it shall and may be lawful to and for such collector, by warrant from under the hand of any magistrate of the said city or borough, respectively, to levy the money so due by distress and sale of the delinquent's goods, in the same manner as for nonpayment of publick and county levies in this colony.

(III. IV. and V. relate to the town of York.)

ROBERT DINWIDDIE, Esq. Governour.
JOHN ROBINSON, Speaker.

An Act for enlarging and ascertaining the Limits of the Borough of Norfolk, and for other purposes therein mentioned.

(Passed in 1761.)

I. Whereas his late majesty king George the second, of happy and glorious memory, by his royal charter bearing date under the seal of this colony, the fifteenth day of September, in the tenth year of his reign, did grant to the inhabitants of Norfolk that the same should be a Borough Incorporate, to consist of a mayor, recorder, eight aldermen, and sixteen common councilmen, with sundry rights, privileges and immunities, as in the said charter are fully expressed; which charter hath been since confirmed and

explained, and the privileges of the inhabitants of the said borough enlarged, by divers acts of the general assembly of this colony.

II. And whereas, since the date of the said charter, divers persons, proprietors of the lands adjacent to the said borough, have laid out the same into lots and streets, many of which are built on and improved, and people are daily resorting thither, and it is now become a doubt whether the proprietors of such adjacent lots are to be considered and deemed inhabitants of the said borough, and entitled to the rights, privileges and immunities, granted by the said charter, and the several acts of assembly aforesaid; and the mayor, recorder, aldermen, common councilmen, and other inhabitants of the said borough, have made their humble suit to this present general assembly that the bounds of the said borough may be enlarged and fully ascertained, so as to prevent all future disputes: Be it therefore enacted by the Lieutenant Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act, all the lands contained within the lines and bounds herein after described, including the town originally built on and established at the time of the granting of the said charter, shall be deemed and taken to be the borough of Norfolk, to-wit: beginning at the head of a creek called Newton's creek, and thence within a line to be run north fifty-nine degrees west seventy-two poles to the head of Smith's creek; thence along the said Smith's creek, according to its various courses and meanders, to the mouth thereof in Elizabeth River; thence bounding on the said river the different courses thereof to the mouth of the said Newton's creek, and thence up the said Newton's creek to the beginning.

III. And be it further enacted, by the authority aforesaid, That the purchasers of the said lands included within the bounds aforesaid, hereby added to and made part of the said borough, as soon as the same shall be laid off into lots and built on and saved, according to the directions of the said charter and the several acts of assembly aforesaid, and also the other inhabitants and housekeepers thereof, shall be entitled to and have and enjoy all and singular the rights, privileges and immunities, granted to and enjoyed by the freeholders and other inhabitants of the said borough.

IV. And whereas it is represented to this present general assembly that a certain piece or parcel of land in the said borough of Norfolk, whereon a public warehouse lately stood, commonly called the Fort-Land, is daily wasting away by the washing of the river, and the justices of the county not having the power to levy money for that purpose, and there not being sufficient in the chamber of the said borough to defray the expense of securing the same and building a wharf and storehouses thereon, which are very necessary and convenient for shipping, and would be a great ben

eft and advantage to the county of Norfolk and the said borough, and that certain persons named in a schedule hereunto annexed, have, with the consent and approbation of the justices of the county, the mayor, recorder, aldermen, and common councilmen of the said borough, agreed amongst themselves to advance and pay the sums of money set down and expressed against their respective names in the said schedule to trustees, to be applied towards enlarging and securing the said piece or parcel of ground and erecting a wharf and storehouses thereon, on the terms and conditions hereinafter expressed; therefore, for encouraging and promoting so useful and beneficial an undertaking, Be it enacted, by the authority aforesaid, that John Hutchings, Robert Tucker, Archibald Campbell, James Holt, Paul Loyall, Thomas Newton, Samuel Boush, William Aitchison, Daniel Rothery, William Bradley, John Tucker, Goodrich Boush, James Taylor, Archibald White,' Robert Waller, John Hunter, and William Freeman, gentlemen, shall be, and they are hereby declared, nominated and appointed, trustees and directors for putting the same into execution; and the said piece or parcel of land shall be vested in the said trustees in fee-simple, and it shall and may be lawful to and for the said trustees and directors, or the major part of them, to take and receive of and from the several persons named in the same schedule the several sums of money therein set down against their respective names, and to give their receipts for the same, expressing the purposes for which the said sums shall be paid; on receipt whereof the said trustees and directors shall, and they are hereby empowered and required, to lay out and apply the same in and towards enlarging and securing the said piece or parcel of ground, and in erecting and building a wharf and a storehouse or storehouses thereon, in such manner as the said trustees and directors, or the major part of them, shall think proper and most convenient for the careening of ships and other vessels and storing their rigging, tackle and lading. And when the same shall be completed, the said trustees and directors, or the major part of them, shall let and hire out the said wharf and storehouses for the best price they can get for the same, and shall keep just and fair accounts of their proceedings in books by them to be provided for that purpose, and also of the rents and profits of the said wharf and storehouse; and shall on the first day of May in every year, account with and pay to the several persons named in the said schedule, their respective heirs, executors, administrators or assigns, or other legal representatives, an equal dividend of the money arising from the rents and profits of the said wharf and storehouses, in proportion to the sums of money by them respectively advanced and paid as aforesaid.

V. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the justices of the said

county of Norfolk for the time being, or, in case of their refusal, to and for the mayor, recorder, aldermen, and common council, of the said borough, at any time hereafter, to purchase the said land, wharf, and storehouses, of the said trustees and directors, or their survivors, for the use and benefit of the said county or borough respectively; and the said trustees and directors, and their survivors, shall and they are hereby required, at any time hereafter, to convey the same to the said justices, or mayor, recorder, aldermen, and common councilmen, of the said borough, and their successors, in trust, for the benefit and advantage of the inhabitants of the said county and borough, on their reimbursing the several persons named in the said schedule, their respective heirs, executors, administrators or assigns, or other legal representatives, the several sums of money by them respectively advanced and paid as aforesaid.