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Prizes to be judge entitles them to such command.

divided a mong the captors.

sion how to

And as an encouragement to seamen or marines on board such vessels, any prizes or booty taken by them from the enemy shall be divided among the captors in such proporVacancies in tion as regulated in like cases by congress. In case the commis- of the death, resignation or refusal to act of any one or more of the said commissioners, his excellency the governor, with the advice of the privy council, may, and he is hereby authorized to appoint such other person or persons to fill such vacancy as he, with the advice aforesaid, may think proper to execute the duties required by this act, until the meeting of the succeeding general assembly.

be filled.

[Ch. LXIV, in original.]

Corporation of Alexandria autho

rised to im

pose a wharlage tax.

Water street and Union

street to be xtended.

CHAP. XXIV.

An act to empower the mayor, recorder, aldermen and common council of the town of Alexandria to lay a wharfage tax, and to extend water and Union-streets.

I. BE it enacted by the General Assembly, That the mayor, recorder, aldermen and common council of the town of Alexandria shall, and they are hereby em powered to impose a tax upon all vessels making use of the wharf belonging to the said town, (open vessels excepted) and to enforce the collection and payment thereof by such rules and regulations as they may think best, and to apply the money arising from the said tax to the use and benefit of the said town.

11. And be it further enacted, That it shall and may be lawful for the mayor, recorder, aldermen and common council of the said town, and they are hereby required to open and extend water-street through the said town from north to south as far as the limits of the said town extend, and also to lay off Union-street from north to south as far as the limits of the said town ex

tend. Provided always, That the proprietors of the ground through which Union-street may be extended shall have the liberty of making use of any earth which it may be necessary to remove in regulating the said street.

CHAP. XXV.

An act for incorporating the town of
Richmond, and for other purposes.

[Chap. LXV in original.]

Town of

Richmond

mond.

Qualifications of elec

I. BE it enacted by the General Assembly, That the town of Richmond, bounded according to the direction incorporaof the act intituled "An act for establishing towns at ted and to Rocky Ridge, Gloucester court-house, and Layton's be stiled Ciwarehouse, and for other purposes therein mentioned," "ty of Rich shall be stiled the city of Richmond; and on the first Tuesday in July in the present, and on the same day of every third year afterwards, the freeholders of lots within the said city, whether improved or not, and whether such freeholder resides therein or not, and the house-keepers and inhabitants of the said city, who shall have resided therein at any time for the space of three months without the intermission of one twelve tors to ballot months, and possess in their own right within the same, for officers, moveable or immoveable property to the value of one hundred pounds, shall meet at the house now used as the court-house of the county of Henrico, 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 city, who, or a major part thereof shall, on the council same or second day thereafter, between the hours of eight and twelve in the forenoon, publicly elect by ballot from among themselves, one person to act as mayor, another as recorder, and four others as aldermen of the said city, and the other six of whom shall be common council. The services of the persons at any time vice. elected mayor, recorder, aldermen, or of the common

Mayor, recorder, aldermen, and

common

Term of ser

ed.

council, 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 immediately following the said first Tuesday in July in every third 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 one year in any term of two years; vacancies occasioned by death, disVacancies, ability or resignation at any time before the triannual how suppli- election, shall be supplied by the choice of the mayor, recorder, aldermen and common council, in common hall assembled, that is to say, a vacancy 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 Orthofoffice city. The mayor, recorder and aldermen to be elected for this present year, shall not enter upon the execution of their office before they shall respectively take an oath or affirmation before some justice of the peace for the county of Henrico, for the faithful discharge of the duties thereof; and the mayor, recorder and aldermen to be elected afterwards shall take such oath or affirmation before they respectively enter upon the duties of their office, in presence of the court of hustings, or of some meeting of the common council hereafter mentioned.

Style of corporation.

Corporate powers.

11. And be it enacted, That 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 name of the mayor, aldermen and commonalty of the city of Richmond, and by that name have perpetual succession and a common seal: They and their successors by the name aforesaid, shall be able and capable in law to have, purchase, receive, enjoy, possess and retain to them and their successors forever, any lands, rents, tenements, 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 sued and impleaded, answer and be answered, in all courts and places, and from time to time, under their common seal, to make and establish such bye-laws, rules and ordinances, not contrary to the constitution or laws of the com

monwealth, 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 city and corporation, or shall be concerned in interest therein.

buildings.

Market

To impose

taxes.

III. And be it enacted, That they and their succes- Power to esors, by the name aforesaid, shall especially have pow-rect public er 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 conta- house. gious disorders, and other public buildings for the benefit of the said city, to pay the charge of removing To regulate such infected persons to the hospital, to provide doc- internal po tors, nurses and other necessary attendants, as well as lice. guards to prevent the spreading of such disorders; to purchase fire-engines, to hire proper fire-men to keep such engines at all times in good order and to be ready for service; to cause wells to be sunk and pumps provided; to appoint and pay watchmen, and to repair and keep in order the streets and lands in the said city, and to impose taxes on the white and black male tithables, and on the property real and personal within the said city, for the execution of all or any of the powers hereby given them, taking care however, that not more than one third of the sum to be levied shall be levied on the tithables aforesaid, to make provision and regalations 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 wharves, and to lay a reasonable duty on the vessels coming to and using the same, for the impose dupurpose of defraying the expence of erecting and keep- ties on vesing in repair the wharves so erected; to hold two fairs sels. in each year, to wit, one on the first Thursday in May, and the other on the first Thursday in October; to fix fines upon every billiard-table and tippling-house, To fix fines booth or tent, within the jurisdiction of the corporation, and to demand reasonable fees for every ordinary-li- and demand cense within the same, over and above those establish- fees on ordied for raiaing a revenue; and to expel disorderly per- nary licen sons who shall not have been resident therein for twelve months. IV. And be it further enacted, That all acts herein hall, how directed to be done by the mayor, recorder, aldermen ond conve and common council, shall be done by them when as- ned

To erect wharves, &

To establish 'fairs.

on billiard tables, &c.

ces.

Common

constituted

Court of hustings.

diction.

risdiction.

sembled in common hall. They shall be said to be assembled in common hall when seven members, of which the mayor, recorder or eldest alderman shall be always 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.

V. And be it enacted, That the mayor, recorder and aldermen, or any four or more of them, shall have power to hold a court of hustings on the third Monday in every month: The jurisdiction of such court shall relate to those cases which originate within the limits of Civil juris- the said city, and shall be the same as the jurisdiction of the county court as established by the act of the general assembly, intituled, "An act for establishing county courts and regulating the proceedings therein," except in the following instances: the said court shall Criminal ju not hear and determine any penal case, unless it be for a breach of laws of the corporation, the penalty whereof does not exceed forty shillings, or two hundred pounds of crop tobacco, nor of any action beyond the value of one hundred pounds, or ten thousand pounds weight of crop tobacco, unless it be in ejectment; the said court shall have the farther power of examining criminals for all offences committed within the limits of the said corporation, either at their monthly sessions or in the vacation, according to the act of the general assembly intituled," An act directing the method of trial of criminals for capital offences, and for other purposes therein mentioned;" the said clerk shall have the sole power of licensing tavern-keepers and settling their Clerk of rates, appointing a clerk of the market, establishing an market, ser- assize of bread, wine, wood, coal and other things, and jeant, con- also appointing a serjeant, who shall have the power Assize of of a sheriff, constables, and other necessary officers of bread &c. the court, and surveyors of the streets, and any other officers not specially 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 allowed by law to the clerk and sheriff of the county of Henrico; and shall be Oath of office 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,

Exclusive

power of licensing taverns, and fixing their

rates.

stables

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