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property held by them, respectively, on the first day of February eighteen hundred and fifteen, subject to taxation; and he is hereby required to make return of such lists, in like manner, and at the same time with the lists of eighteen hundred and sixteen; and, upon the performance of such duty, it shall be lawful for the said Court to allow the said Commissioner therefor any sum not exceeding four hundred and ninety dollars.

An Act extending Catharine-street in the Borough of Norfolk.

(Passed January 15, 1817.)

Section 1. Be it enacted by the General Assembly, That the Court of the Borough of Norfolk, shall be, and they are hereby authorised and empowered to cause the street in the said Borough, called Catharine-street, to be opened and extended till it intersects with Main-street at some point to the east of the present Banking-House of the Virginia Bank.

Sec. II. Be it further enacted, That Robert B. Taylor, Moses Myers, John Southgate, Thomas Williamson, George Newton, Luke Wheeler and Richard L. Green, or any three of them shall be Commissioners for laying off the said street, attended by a Surveyor to be appointed by the Court for that purpose, whose duty it shall be, after having performed the services hereby required of them, to make report of their proceedings, accompanied with a plan and survey of the said street, to the Court. That, after the plan and survey is returned to the Court, it shall forthwith be their duty to have a writ of ad quod damnum issued, directed to the Sergeant to summon twelve freeholders to meet on the lands through which the said street is to be opened, on a certain day to be named by the Court, and inserted in the writ, (of which notice shall be given by the Sergeant to the proprietors and tenants of said lands, or their agents if within the said Borough) who shall ascertain on oath the damage sustained by the proprietors and tenants, respectively, by opening and extending the said street, and make report thereof to the Court. That it shall be the duty of the Court of the said Borough, and they are hereby authorised and empowered to assess and apportion a tax on the inhabitants of the said Borough, to the amount of the damages sustained, to be paid to the person or persons entitled thereto; and that they cause to be removed, all houses, or parts of houses, or other impediments, necessary for the purpose of extending and establishing the said street.

Sec. III. This act shall be in force from the passing thereof.

An Act incorporating the Norfolk Marine Society.

(Passed February 7th, 1817.)

Section I. Be it enacted by the General Assembly, That the Society formed in the Borough of Norfolk, for the purpose of providing a fund for the relief of the Widows and Children of the said Society, shall be and the same is hereby created into a body politic and corporate, under the name and style of "The Norfolk Marine Society ;" and as such shall have perpetual succession and a common seal, with capacity to sue and be sued, plead and be impleaded, to appoint all such officers as they may deem necessary, and to pass all such bye-laws, rules and regulations as they may think necessary and proper. Provided, such bye-laws, rules and regulations, are not contrary to the laws and constitution of this State, or of the United States; and generally to do and perform all matters and things necessary to be done, to attain the objects of the said Society.

Sec. II. This act shall be in force from the passing thereof.

An Act to amend the several Acts amending the Charter of the Borough of Norfolk.

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(Passed January 27th, 1803.)

Section I. Be it enacted by the General Assembly, That the Court of the Borough of Norfolk, shall divide the said Borough into eight Wards, as equal to the population thereof as possible; which Wards shall be named and numbered by them; and the division thus made, shall remain in force for three years; at the expiration of which time, and triennially afterwards, the said court shall make such alterations as may be necessary. The freeholders and inhabitants of the said Borough duly qualified by law to vote for Common Councilmen, shall assemble on the day already fixed by law, in the Wards in which they reside, and between the hours of ten in the forenoon and two in the afternoon, elect two persons for each Ward, who must respectively reside and have a freehold within the limits of the Wards which elect them, and shall continue in office for one year; Provided always, That no person who shall directly or indirectly, hold or accept any office, through which the public money of the Corporation is disbursed, whether the appointment be made by the court or Common Hall, shall be a Member of the Common Council.

* This act should have followed the one ending on page 33,

Sec. II. And be it further enacted, That the said Court of the Borough of Norfolk shall aunually appoint three persons residing within each Ward (a majority of whom may act) as Superintendants to conduct the elections of Common Councilmen within the same, for one year thereafter; and the said Superintendants of elections, shall take an oath faithfully to execute the trust reposed in them; and such of them as shall act in each Ward, shall appoint convenient places within the same, where elections shall be held; and previous to any election, shall give one month's notice of the time and place of holding the same, in one of the Norfolk newspapers, and before admitting a person to ballot, shall cause his name to be entered in a poll book to be kept for that purpose, and shall be the sole judges of the qualifications of each voter. And so soon as the poll shall be closed, the ballots shall be publicly examined, and the two persons having the greatest number of votes, shall be declared duly elected; but if it shall be found that any two or more have an equal number of votes, the election between them shall be made by lot. No person shall vote in more than one Ward under penalty of ten dollars, to be recovered for the use of the Corporation, before any Justice of the Peace of this Commonwealth; and the said Superintendants of election, shall return the said poll books, with a certificate of their own qualification and the number of the votes for each person, and of the persons elected, to the court of the said Borough, and to the Clerk of the Common Council. And a vacancy in the Common Council, shall be filled by a like election to be held in the Ward where such vacancy may happen. And the qualifications of any person or persons, elected as aforesaid, shall be adjudged of by the whole number of persons elected or a majority of them; and if any person returned shall be adjudged disqualified, notice thereof shall be given to the Superintendants of election of the Ward to which such person belonged, who shall forthwith hold another election in manner aforesaid.

Sec. III. And be it further enacted, That the sixteen persons elected Members of the Common Council as aforesaid, shall take the oaths required by law; and when so qualified, and in Common Hall assembled, they or a majority of them, shall, in the manner already prescribed, elect a President, Vice-President, a Clerk, and such other officers as now are or shall hereafter be permitted by the laws of this State, or the bye-laws of the said corporation, and may perform all such other matters and things as are allowed by law, and are not contrary to this act.

Sec. IV. And be it further enacted, That the commissioner of the Revenue Tax for the said Borough, shall, annually, when making out the list of taxable property, state, in a separate column, the number of the Ward in which each person subject to taxation, shall reside: but if a freeholder should reside out of the said Borough, it

shall be so stated in the said list; and be shall furnish the Superin> tendants of election, with a copy of said list, certified as the law requires, before the day of general election of Common Councilmen, in every year: for which, compensation shall be made to the said Commissioner, in the same manner as for other services; which list, after the election is over, shall be returned by them to the Clerk of the Common Council to be filed in his office, for the use and information of the Members thereof.

Sec. V. And be it further enacted, That the different laws heretofore passed relative to the Borough of Norfolk, are no farther repealed by this act, than as they come within the purview hereof.

Sec. VI. This act shall commence and be in force from and after the passing thereof.

An Act adding certain land of Thomas Newton to the Borough of

Norfolk.

(Passed January 2, 1804.)

Section I. Be it enacted by the General Assembly, That all the property of Thomas Newton, as the same is now laid off into lots and streets, adjoining the Borough of Norfolk; shall be and is hereby added to and made a part of the said Borough; and the owners of such lots shall be entitled to all the privileges and immunities that the owners of other lots in the said Borough have and enjoy.

Sec. II. This act shall be in force from the passing thereof.

An Act incorporating the Trustees of the Lancaster School in the Borough of Norfolk.

(Passed January 2d, 1818.)

Whereas it is represented to the General Assembly, that a Lancaster School has been established in the Borough of Norfolk, by the voluntary subscription of many citizens, who have adopted certain regulations for its government; and committed the management of its affairs to the trustees hereinafter named, whom it is judged adviseable to incorporate.

Section I. Be it therefore enucted, That George Newton, Miles King, Robert B. Taylor, Walter Herron. John B. Paxton, James Mitchell, Richard L. Green, John E. Holt, Thomas Williamson,

Philip Barraud and William Maxwell, be, and they are hereby constituted a body politic and corporate, by the name of "The Trustees of the Norfolk Lancaster School," and by that name shall have perpetual succession and a common seal; and may sue and be sued, with power also to purchase, receive, hoid and possess goods and chattels, lands and tenements in fee or otherwise, and the same to grant, sell, let or assign; any five of which trustees shall constitute a board for the transaction of business: Provided, however, that not less than a majority of the said trustees shall be sufficient to authorise the sale of any real estate, so held and possessed by the body.

Sec. II. And be it further enacted, That the said trustees and their successors shall also have full authority and power from time to time, to make and establish such bye laws, rules and regulations, for the exercise of their own powers and duties, and the management of the affairs and interest of the school, not contrary to the laws or constitution of the Commonwealth or of the United States, as they shall deem it prudent to adopt. They shall also have full power and authority, from time to time, to fill any vacancies which may happen in their body by death or otherwise.

Sec. III. And be it further enacted, That if the treasurer, who may at any time be appointed by the said trustees or their successors out of their own body or otherwise, shall fail to render a just and true account of any and all monies, goods and chattels, which shall come into his hands by virtue of his office, or shall fail to appropriate and pay the same, as the said trustees or their successors shall order and direct, it shall be lawful for the said trustees or their successors to obtain a judgment or the amount or value thereof, by motion, in any court of record in the Commonwealth, against the said treasurer or his securities if any, or his or their executors and administrators, jointly and severally; and execution shall thereupon be issued in like manner as is by law directed in the case of judgments upon motions against sheriffs for non-payment of taxes: Provided, that the defendant or defendants shall have ten days previous notice of the motion intended to be made.

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Sec. IV. And be it further enacted, That the said trustees and their successors shall have power to take and receive subscriptions money for the use of the school; and if any person shall fail to pay any sum of money which he may have subscribed, it shall be lawful for the said trustees and their successors, to recover the same by warrant before a magistrate, or upon a motion before the court of record, in the same manner as is above provided, according to the amount of the subscription.

Sec. V. This act shall be in force from and after the passage thereof.

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