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for the faithful discharge thereof; the serjeant shall moreover give bond with security, payable to the mayor, recorder, aldermen and common council, and their successors, in a reasonable penalty, for the due execution of his office.

aldermen.

VI. And be it further enacted, That the mayor, re-, Judicialpow. corder and aldermen shall each be vested with the powers of mayor ers of justice of the peace within the said city, and shall recorder & have jurisdiction for the space of one mile on the north side of James river, without and round the said city and every part thereof, including so much of the said river to low-water mark on the shore of the county of Chesterfield as shall lie between two lines drawn due limits of ja south from the eastern and western terminations of the risdiction. one mile aforesaid, for matters arising within the same, according to the laws of the commonwealth.

Territorial

VII. And be it enacted, That the mayor, recorder, Officers how any alderman or common council-man may be removed from his office for good cause, and after due summons, by the opinion of seven members of the common hall; and that no bye-law, ordinance or regulation shall be binding, unless the same shall have been passed and entered into by the voice of seven members of the common hall.

Property

vested in trustees of

VIII. And be it further enacted, That all the property, real and personal, now vested in trustees of the town of Richmond, for the use and benefit of the in- town of habitants thereof, is hereby transferred to and vested Richmond, in the corporation for the benefit of the said city. And transferred to corpora. in all courts of law and equity, this act shall be con- tion. strued, taken and held most favorably for the said corporation, so far as it respects or relates to the same. IX. And be it further enacted, That the jurisdiction Territorial of the court of hustings in the town of Fredericksburg risdiction of limits of jushall extend one mile without and around the former town of limits of the said town, on the south side of Rappa- Frederickshannock river, and shall have power to hold pleas in burg enlarg all cases originating within the limits before described,

ed.

in like manner and under such limitations as are directed and prescribed by the act for incorporating the Court of hussaid town: That the court of hustings in the said town tings of Fre of Fredericksburg shall be, and is hereby constituted dericksburg a court of record, and as such to receive probate of wills and deeds, and grant administrations in as full ord 6

VOL. II.

declared a court of re

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Its court of

and ample manner as the county courts by law can or may do.

Proviso as to X. Provided always, and be it further enacted, That proof of wills and no will shall be admitted to proof or record in the said deeds, in court, nor shall the said court grant administration, Fredericks- unless the testator or intestate, as the case may be, was burg: resident within the limits of the jurisdiction of the said court at the time of his or her death; nor shall any deed whereby lands are conveyed be admitted to proof or record in the said court, unless such lands lie within the limits as aforesaid. The said court shall have power to appoint a person skilled in the law to prosecute therein for the commonwealth, and to allow him a reasonable salary for his services, to be levied annually by the corporation on the inhabitants within the limits of the said town, and that the said inhabitants shall hereafter be exempted from contributing towards paying any part of the salary of the attorney for the commonwealth in the court of the said county of Spotsylvania.

hustings may appoint at torney for

commonwealth.

Ordinary keeper in Richmond, incapable of serving as mayor, re

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XI. And be it further enacted, That no ordinary keeper in the city of Richmond shall be capable of serving as mayor, recorder, alderman or common coundermen, or cil-man for the said city.

sorder, al

common

council-man.

Alexandria

to have ex

XII. And be it further enacted, That the court of Court of hustings for the town of Alexandria shall have the sole hustings of and exclusive power of granting licenses to keep ordinaries within the said town, regulating the same and clusive pow. restraining tippling-houses, in the same manner and er of licens under the like rules and regulations as are prescribed ing taverns. for the justices of any county court within this commonwealth, by an act intituled, "An act for regulating ordinaries and restraint of tippling-houses." And that the court of the said county of Fairfax shall not exercise any jurisdiction in that case,as hath been formerly done. Provided always, That nothing in this act shall be construed to deprive the court of the said county of Fairfax of their jurisdiction where any indictment is or may hereafter be found, any information filed, or action of debt brought against any person for retailing liquors without license. That the Duty of clerk of the court of hustings in the said town of Alexsterk. andria shall, on the third Monday in May and November annually, set up in the court-house of the said conn

ty of Fairfax, a list of all licensed ordinary keepers within the said town, for the information of the grand jury.

Ordinary

XIII. And be it further enacted, That all ordinary keepers within the said town of Alexandria shall be keepers in incapable of being elected or acting as judges of the court of hustings in the said town.

Alexandria, incapable of acting as judges of court of hustings.

CHAP. XXVI.

An act concerning wrecks.

[Ch. LXVI in original.]

[Chan. Rev. p. 161.]

Commission

the sea and

on intelli

gence of a

I. WHEREAS many vessels have been and may Preamble. hereafter be stranded on the sea coast, bay or river shores within this commonwealth, and the goods or other property belonging to such vessels may be embezzled and stolen, to the great injury of the owners: For remedy whereof, Be it enacted by the General Assembly, That it shall be lawful for the governor, with ersof wrecks advice of council, and he is hereby required to appoint to be apand commission two discreet persons in each of the pointed on counties bordering on the sea or bay shores in this bay shores. state, whose business and duty it shall be, on the earliest intelligence, or on application to them made by Their duty or on behalf of any owner or commander of a ship or other vessel being in danger of being stranded, or be- vessel stran. ing stranded, to command any constable or constables, ded or in to be appointed by them for that purpose, nearest the danger, coast where such ship or vessel shall be in danger, to summon as many men as shall be thought necessary to the assistance of such ship or vessel; and if there shall be any ship or vessel belonging to the state riding near the place, the commissioner or commissioners shall have power to demand of the commanding officer of such ship or vessel, assistance by their boats and such hands as they can conveniently spare; and if any commanding officer shall neglect to give such assistance, he shall forfeit one hundred pounds, to be recovered by the officer or owner of the ship in distress, with costs, in any court of record within this common

have a reward;

Those who wealth. The commissioner or commissioners, and the assist in sav-commanding officer of any ship or vessels, and all oing a vessel Or cargo, to thers who shall assist in preserving any ship or other vessel in distress, or their cargoes, shall, within forty days, be paid a reasonable reward by the commander or owner of the ship or other vessel in distress, or by and may re. tain vessel the merchant whose vessel or goods shall be saved, or goods till and in default thereof the vessel or goods shall remain reward paid in the custody of the commissioner or commissioners or secured. until all charges be paid, or security given for that purpose, to the satisfaction of the parties. And in case Reward how the parties shall disagree touching the monies deserved to be ascer by the persons employed, it shall be lawful for the commander of such vessel saved, or the owner of the goods or merchant interested, to choose one indifferent person, and also for the commissioner or commissioners to nominate one other indifferent person, who shall adjust the quantum of the gratuities to be paid to the several persons, and such adjustment shall be biuding on all parties, and to be recoverable with costs in any court of record within this commonwealth, by action Proceeding on the case. If no person shall claim the goods saved, if the goods the commissioners or one of them shall take possession saved be not thereof, and cause a true description of the marks, num

tained.

claimed.

bers and kinds of such goods to be advertised four weeks in the Virginia gazette, and if no person shall claim the same within three months, public sale shall be made thereof, (but if perishable the goods shall be forthwith sold) and after charges deducted, the residue of the money, with an account of the whole, shall be transmitted to the treasurer, who shall keep an account of the same for the benefit of the owners, who upon proof of his property to the satisfaction of the auditors, Penalty on shall upon their warrant receive the same. If any perthose who son besides those empowered by the commissioners or intermeddle one of them, shall enter or endeavour to enter on board cr from com- any vessel in distress, without the leave of the commissioners. manding officer, or in case any person shall molest Or hinder them in saving the vessel or goods, or shall endeavour ployed in sa- to hinder the saving such vessel or goods, or shall deving the face the marks of any such goods before they be taken down in a book by the commissioners or one of them, every such shall forfeit and pay the sum of ten person pounds, to be recovered with costs by information in any court of record within this commonwealth, and

without pow

those em

goods.
Or deface
the marks.

force.

tress and

Or steal

applied to the use of the owners of the vessel or goods as the case may be; and in case of failure to pay such forfeiture immediately, or giving security to pay the same within one month, he, she, or they shall receive ten lashes on his, her, or their bare back, by order of such court. It shall be lawful for any commanding Commissionofficer of a vessel in distress, or the commissioners, to ers may rerepel by force any persons as shall, without consent as pel force by aforesaid, press on board any vessel in distress, and thereby molest them in preserving the vessel or goods; Goods car. and in case any goods shall be found upon any person ried from a that were stolen or carried off from any vessel in dis- vessel in distress, the person on whom such goods be found shall, found in any upon demand, deliver the same to the owner or com- person's pos missioners, or to such other person as shall be author- session to be restored. ized by the commissioners or owner to receive such Penalty. goods, or shall be liable to pay treble the value, to be If any Death to recovered with costs in any court of record. person shall make, or be assisting in making a hole in make a hole in a vessel in any vessel in distress, or stealing any pump, materials distress. or goods, or shall be aiding in stealing such pump, materials or goods from any vessel, or shall wilfully do any thing tending to the immediate loss of such vessel, such person shall be guilty of felony, and suffer death thing tendwithout benefit of clergy. Any commissioner by fraud ing to the or wilful neglect, abusing the trust reposed in him, shall loss of the treble damages Penalty on upon conviction thereof, forfeit and pay treble damages to the party aggrieved, to be recovered with costs by commission. action on the case in any court of record, and shall er abusing thenceforth be incapable of acting as a commissioner. And on conAny constable, or person summoned by him, refusing stables and or neglecting to give the assistance required for the assistants for neglect. saving of any vessel or her cargo, shall forfeit and pay twenty-five shillings, to be recovered before any justice by the commissioners ordering the duty, and shall be moreover subject to the payment of the same damages, and to be recovered by the party aggrieved in the same manner, as in the case of a commissioner. The commissioners shall set up a copy of this act once in up in each every year in each of the court-houses of the counties court house. wherein they respectively reside.

pump, materials or goods or do any

vessel.

his trust;

Act to be set

bond and s

II. Provided always, and be it further enacted, That Commissionthe commissioners appointed by virtue of this act shall ers to give respectively give bond and security in the court of the curity. county where he resides, in the sum of one thousand

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