made in the twenty second year of the reign of his present majesty, intituled, An act for regulating ordinaries, and restraint of tipling 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 this 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 court-house, or prison, belonging to the corporation of the said borough, for the commitment of debtors, criminals, and offenders, but that the court house, 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 court-house, 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 court house, 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, and assessed, according to the times 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 borough, to levy the money so due, by distress, and sale of the delinquents goods, in the same manner as for non-payment of public, 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 serjeant 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, shall 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 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.

CHAP. XXIV.

An Act for establishing the town of Portsmouth, in the county of Norfolk, and to prevent the building of wooden chimnies therein.

I. WHEREAS it hath been represented to this Assembly, that William Crawford, of the county of

Town of

Norfolk, gentleman, hath lately laid out a parcel of Portsmouth, land, on the south side of Elizabeth river, opposite to in Norfolk the town of Norfolk, into one hundred and twentyCounty established. two lots, commodious streets, places for a court house,

market, and public landings, for a town, by the name of Portsmouth, and made sale of most of the said lots, to divers persons who are desirous to settle and build thereon speedily; and also that the said town lies very convenient for trade and navigation:

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 piece or parcel of land be, and is hereby constituted, appointed, erected, and established, a town, in the manner it is already laid out, by the said William Crawford, in lots and streets, to be called by, and retain the name of Portsmouth, and that the freeholders of the said town, shall, for ever hereafter, enjoy the same rights and privileges, which the freeholders of any other towns, erected by act of Assembly, in this colony, have and enjoy.

II. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person whatsoever, to erect or build, or cause to be erected or built, in the said town, any wooden chimney; and if any person shall presume to erect, or build, any wooden chimney, contrary to the directions of this act, it shall and may be lawful, for the sheriff of the said county, and he is hereby required, to cause such chimney to be pulled down and demolished.

CHAP. XXV.

An Act to enable the Vestry of the upper parish in Nansemond County, to sell certain lands, and for other purposes therein mentioned.

1. WHEREAS William Cadowgan, formerly of the upper parish in the county of Nansemond, by his

in Nanse

sed by Wil

last will and testament, in writing, bearing date the Vestry of up. first day of January, one thousand six hundred and per parish seventy-five, did, among other things, give and devise mond, auunto Thomas Milner, gentleman, his heirs and as- thorized to signs for ever, as feoffee, in trust, for the upper parish sell certain of Nansemond, the plantation wherein he then dweit, for lands, devia glebe, for the maintenance of a minister to preach the liam Cadowgospel there, and to be employed to no other use or gan. purpose whatsoever. And whereas the said William Cadowgan, did, by his said will, give and devise his seat of land at Somerton, with the appurtenances and stock of six cows, to such of his relations and name of Cadowgan, as should appear here, in Virginia, and claim the same, and to his heirs and assigns for ever, and did order, and devise, that the rents and profits of the said land and stock, should be received and disposed of, by the churchwardens and vestry of the said parish, towards the maintenance of the poor, and other charitable uses, within the said parish, until such person, of his name and relation, should appear and claim the same. And whereas the said testator, by his said will, did devise unto the said Thomas Milner, his heirs and assigns for ever, in trust, as aforesaid, seven hundred acres of land, the rents and profits to be disposed of by the churchwardens, and vestry, of the said parish, for the time being, and his said feoffee. for the poor of the said parish, and other charitable uses, as the majority of the said vestry, and the said feoffee, should think proper. And whereas the land, given as aforesaid for a glebe, is so very poor, that no minister hath resided thereon for many years; and the other lands, given for the benefit of the poor, being wood land, and very bad, no profit can be made thereby, and the vestry aforesaid, have been obliged to pay the quit rents due to his majesty, for the said lands, from the time of the death of the said testator; and no person, of the name of Cadowgan, having yet appeared to claim the said lands aforesaid:

II. 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 all and singular the lands, and premises aforesaid, with their appurtenances, be, and the same are hereby vested in the present vestry of the said upper parish in Nansemond county, and the vestry of he said parish, for the time being, in trust; neverthe

less, that the said vestry, or the greater part of them," shall, by deed or deeds of bargain and sale, duly executed, convey all and singular the said lands, or any part thereof, to such person or persons, as shall be willing to purchase the same, to hold to such purchaser, or purchasers, his and their heirs and assigns for ever; and that the money arising by the sale of the land, devised for a glebe as aforesaid, shall be by them applied for and towards purchasing a good and convenient glebe for the use and benefit of the minister of the said parish, for the time being, for ever; and that the money arising by the sale of the said other lands, and the said stock, shall be by them applied, for and towards erecting a house for the reception of the poor of the said parish, and for such other charitable uses as the vestry of the said parish, for the time being shall think necessary.

III. Provided always, That if any person of the relation and name of the said testator, William Cadowgan, shall hereafter appear in this colony, and claim the lands and stock herein before mentioned, to be so particularly devised; then, and in such case, the said vestry, of the said parish, or the vestry thereof, for the time being, shall pay to such person, all and singular the sum and sums of money arising by the sale of such last mentioned lands, and the said stock.

Town of

ounty esta

CHAP. XXVI.

An Act for establishing the town of Winchester, and appointing Fairs therein.

1. WHEREAS it hath been represented to this Winchester, General Assembly, that James Wood, gentleman, did in Frederick survey and lay out a parcel of land, at the court house 'ished. in Frederick county, in twenty six lots of half an acre each, with streets for a town, by the name of Winchester, and made sale of the said lots to divers persons, who have since settled and built, and continue building and settling thereon; but because the same was not laid off, and erected into a town, by act of