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VI. And be it further enacted, That in case of the death, removal out of the country, or other legal disability of any one or more of the trustees before named, it shall be lawful for the surviving or remaining trustees, or any four of them, from time to time, to elect and choose so many other persons in the room of those so dead or removed, as shall make up the number of eight; which trustees, so chosen, shall be vested with the same power, as any other in this act particularly named.

CHAP. XXIII.

An Act for erecting a town on Occoquar

river, in the county of Fairfax.

Colchester

I. WHEREAS it hath been represented to this in Fairfax present General Assembly, that a town on Occoquan countyesta- river, in the county of Fairfax, on the land of Peter blished.

Wagener, would be very convenient for trade and na-
vigation, and greatly to the case and advantage of
the frontier inhabitants.
· II. BE it therefore enacted, by the Lieutenant-Govern-
or, Council and Burgesses of this present General As-
sembly, and it is hereby enactel, by the authority of
the same, That within twelve months after the passing
of this act, twenty five acres of land belonging to the
said Peter Wagener, situate, lying and being on Oc-
coquan river in the county of Fairfax, shall be sur-
veyed and laid out by the surveyor of the said county,
beginning on the upper side of the ferry landing, and
extending down the said river, to the land of Waugh,
thience back into the said Wagener's land, in such
manner as the directors and trustees hereafter named
shall appoint, order and direct, so as to include twen-
ty five acres; and the said twenty five acres of land,
so to be surveyed and laid out, shall be, and is hereby
vested in Peter Wagener, Daniel McCarty, John
Barry, William Elzy, and Edward Washington, gen-
tlemen, in trust, and to and for the several purposes
herein after mentioned; and the said Peter Wagener,

Daniel McCarty, John Barry, William Elzy, and Edward Washington, are hereby constituted and appointed directors and trustees for designing, building, carrying on and maintaining the said town, upon the land aforesaid. And the said directors and trustees, or any three of them, shall, and they hereby have power to meet as often as they shall think necessary, and shall lay out the said twenty five acres of land, into lots and streets, not exceeding half an acre of ground in one lot; and also to set apart such portion or portions of the said land for a market place and public landing, as to them shall seem meet and most convenient. And when the said town shall be so surveyed and laid out, the said directors and trustees shall, and they hereby have full power and authority to sell all the said lots by public sale or auction, from time to time, to the highest bidder; and when such lots shall be sold, any three of the said directors and trustees, shall and may, and they are hereby impowered and required, upon payment of the purchase money, by sufficient conveyance, or conveyances, to convey to the purchaser or purchasers of such lot or lots, the fee-simple estate and inheritance thereof, and he, she, or they, or his, her, and their heirs and assigns respectively, shall and may, for ever hereafter, peaceably and quietly have, hold, occupy, possess, and enjoy the same; freed and discharged from all right, title, claim, interest, and demand whatsoever, of the said Peter Wagener, his heirs and assigns, and of all other persons whatsoever, claiming or to claim, by, from, or under him.

III. Provided always, That the said directors and trustees, after deducting sufficient to reimburse the expence and charge of surveying and laying out the said land, shall pay, or cause to be paid to the said Peter Wagener, his heirs or assigns, all the money arising by the sale thereof.

IV. And be it further enacted, by the authority aforesaid, That the grantee or grantees of every such lot or lots, so to be sold and conveyed in the said town, shall, within two years next after the date of the conveyance of the same, erect, build, and finish on each lot so conveyed, one house of brick, stone, or wood, well framed, of the dimensions of twenty feet square, and nine feet pitch at the least, (or proportionable thereto, if such grantee shall have two or more lots

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contiguous) with a brick or stone chimney, and the said directors and trustres, shall, and they hereby have full power and authority to establish such rules and orders, for the more regular and orderly placing the said houses, as to them shall serm neet. And if the owner or owners of any such lot or lots, shall fail to pursue and comply with the directions herein prescribed for the building and finishing one or more biouse or lous is thereoll, then sucli lot or lots apon which such house or houses shall not be so built, and finislırd, shall be, and the same berehy is re-invested in the said directors and trustees, and shall and may be sold and conveyed to any other person or persons whatsıever, in the manner before directed, ani siiall revrst and be again sold, as often as the swner or Owner's shall fail to obey, perform, and fulfil the directions aforesaid; and the money arising by the sale of such lot or lots, as shall be revested and sold as aforesaid, shall be by the said directors and trustees, from time to time, applied to such public use, for the coirmon benefit of the inhabitants of the said toun, as to the shall seem most proper. And if the inhabitants of the said town shall fail to comply with, obey anci pursue the rules and orders of the said directors and trustres, in repairing and minding the streets, landings, and public wharfs, they shall be liable and subject to the same penaltics, as are by law inflicted for not repairing the highways of this colony. And for continuing the succession of the said directors and trustees, until the governor of this colony shall incorporate some other persons by letters patent under the seal of this colony, to be one body politic and corporate, to whom the government of the said town shall be committed.

V. Be it further enacted, That in case of the death of any of the said directors and trustees, or of their refusal to act, the surviving, or other directors and trustees, or the major part of them, shall, and they are hereby impowered and required to assemble, and from time to time, by instrument under their hands and seals to nominate and appoint some other person or persons being an inhabitant or freeholder of the said town, in the place of him or them so dying or refusing; which new director and trustee, or directors and trustees, so nominated and appointed, shall, from thenceforth have the same power and authority in all

things relating to the matters herein contained, as if he or they had been expressly named and appointed by this act; and every such instrument and nomination shall, from time to time, be recorded in books of the said dirertors and trustees.

VI. Anii de it further enacted by the authority aforesaiil, That the said town shall be called by the name of Colchester.

VU. Ani be it further enacted, That it shall not be lawtil for any pers in or persons whatsoever, to erect or build, or cause to be elected or built in the said towii, any wooden chimney; and if any wooden chimney shall be built contrary to this act, it shall and may be awful for the sheriff of the said county of Fairfax, and he is hereby r'equired and commanded froin time to time to cause all such wooden chimnies to be pulled down and destroyed.

CHAP. XXIV.

An Act to dock the intail of certain lands

whereof Gerard Alexander is seised, and for settling other lands and slaves of greater value to the same uses.

I. WHEREAS Robert Alexander, of the county of Stafford, deceased, was in his life time, and at the time Intail of cerof his death, seised in fee-simple, of, and in one cer

tain lands, in

Fairfax tain tract or parcel of land, containing by estimation whereof six thousand acres, with the appurtenances, lying and Gerard, Alexbeing in the parish of Truro, then in the county of ander is suis

ed, docked. Prince William, but now in the county of Fairfax; and being so seised, did make his last will and testament in writing, bearing date the twenty eighth day of April, in the year of our Lord one thousand seven hundred and thirty five, and thereby, among other things, did give and devise unto his son Gerard Alexander the Island in Prince William county, wijcreon the said Gerard at that time lived, called Holin's Island; also eleven hundred and twenty five acres of

land joining to the said island, being part of the aforesaid tract of six thousand acres, and devised the remainder of the said trcct, and the residue of his whole estate, which consisted of negroes, &c. to be equally divided between his two sons, John and Gerard Alexander, and their heirs for ever; and by a subsequent clause in the said will, the said Robert Alexander did devise, that all the lands and negroes he had devised by the said will, except those negroes specifically given to Gerard Alexander, should be intailed from heir to heir, as by the said will, duly recorded in the county court of Stafford, may more at large appear: And some time after making the said will, the said Robert died, so seised, after whose death the said John and Gerard Alexander, entered into the said lands, and took possession of the said negroes, and having made partition and division thereof, one thousand two hundred and eighty six acres of land, and four negroes, (all which are since dead) were allotted to the said Gerard, as his part of the land and negroes so to be divided; into which the said Gerard entered, and also those other lands particularly devised to him the said Gerard, by Robert the testator, amounting in the whole to two thousand seven hundred and thirteen acres, and became thereof seised in fee tai). And whereas the said Gerard Alexander is, and stands seised in fee-simple, of, and in two tracts of Jand, the one lying in the parish of Frederick, in the county of Frederick, granted by the lord proprietor of the northern neck, to the said Gerard, containing by estimation eight hondred and seventy three acres; the other in the parish of Cameron, in the county of Fairfax, containing five hundred and forty acres, and upwards, lately purchased of Nathaniel Smith; upon which said tracts he hath made very considerable improvements, and is also possessed of ten slaves, named Robin, Stire, Nell, Nan, David, Will, Milley, Rose, Solomon, and Joe. all Virginia born, as of his own proper slaves; and it will be for the benefit and advantage of the heir in tail, and those claiming in remainder and reversion under the will of the said Robert, to dock the intail of the said tract or parcel of land in the county of Fairfax, and to settle his said other lands, in the counties of Fairfax and Frederick, with the slaves aforesaid to be annexed thereto, being of greater value to the same uses. And forasmuch as

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