meeting of the inhabitants shall be deemed a common council, unless the mayor, recorder, and at least two aldermen and four common councilmen be present. No law, order, or regulation shall be binding and valid, nor shall the same be revoked or altered, or fine imposed for a breach thereof, unless seven of the alder men and common council men assembled, concur therein. And be it farther enacted, That all the proProperty heretofore perty, real and personal, now held by, and vested in, the trustees of the said town of Alexandria, for the use and benefit of the inhabitants thereof shall be, and the same is hereby transferred and vested in the corporato corporation for the publick benefit of the said town. In all courts of law and equity this act shall be construed and taken most beneficially and favourably for the said corporation.

vested in

trustees of Alexandria, transferred

tion.

ted, in the

same man

andria.

And be it farther enacted, That the town of WinTown of chester in the county of Frederick shall be, and the Winchester same is hereby declared to be made corporate in the incorporasame manner, to all intents and purposes, as the said town of Alexandria; and that the freeholders and housener as Alex- keepers thereof shall be entitled to the same privileges and in like manner, and under the like conditions and limitations; shall have the power of electing twelve able and fit men, to serve as mayor, recorder, aldermen, and common councilmen for the same. The mayor of the town of Winchester first elected shall, before some justice of the quorum in the commission of the peace for the county of Frederick, take the oath of office. The mayor, recorder, and aldermen shall have the same jurisdiction in civil and criminal cases; and shall, on the second Thursday in every month, hold pleas of actions arising within the said town of Winchester, and the limits herein after mentioned, in like manner as the mayor, recorder, and aldermen of the Style of cor- town of Alexandria. The mayor, recorder, aldermen, and common councilmen of the town of Winchester, by the name of mayor and commonalty of the town of Winchester, shall in every instance have the same powers, rights, and privileges, and be subject to the same penalties, limitations, and manner of proceedings as the mayor, recorder, aldermen, and common councilmen of the said town of Alexandria; and their jurisJurisdiction. diction shall extend to and over the out-lots belong ing to the said town of Winchester.

poration.

CHAP. XXVI.

An act to exempt the drivers of waggons in the continental service from militia duty.

WHEREAS it is represented to the general assem

Drivers of in

continental service, ex

bly, that the service of the United States may be im- waggons in the pededed by subjecting the drivers of waggons continental service to do militia duty; Be it enacted by empted from the General Assembly, That all drivers of waggons, militia duty: during their continuance in the continental service. shall be, and they are hereby exempted from militia duty.

CHAP. XXVII.

An act for explaining and amending [Chan. Rev. an act entitled An act for adjusting P. 112.] and settling the titles of claimers to unpatented lands, under the present and former governments, previous to the establishment of the commonwealth's land office.

to

mation of

1 BE it enacted by the General Assembly, That Rights for whereas doubts have arisen concerning the manner of land, under proving rights for military service, under the procla- the proclamation of the king of Great Britain, in the year one 1763, how thousand seven hundred and sixty three, whereby great authentica frauds may be committed; Be it declared and enacted, ted. That no person, his heirs or assigns, other than those who had obtained warrants under the former government, shall hereafter be admitted to any warrant for such military service, unless he, she, or they produce to the register of the land office, within eight months VOL. X.

X

after the passing of this act, a proper certificate of proof made before some court of record within the commonwealth, by the oath of the party claiming or other satisfactory evidence that such party was bona fida an inhabitant of this commonwealth, at the time of passing the said recited act, or that the person having performed such military service, was an officer or soldier in some regiment or corps (other than militia) actually raised in Virginia before the date of the said proclaination, and had continued to serve until the same was disbanded, had been discharged on account of wounds, or bodily infirmity, or had died in the service, distinguishing particularly in what regiment or • corps such service had been performed, discharge granted, or death happened, and that the party had never before obtained a warrant or certificate for such military service: Provided, that nothing in this act shall be construed in any manner to affect, change, or alter the title of any person under a warrant heretofore issued.

Powers of

lands extended.

II. And whereas the time limited in the before recommission- cited act to the commissioners for adjusting and seters for ad- tling the claims to unpatented lands within their rejusting claims to un- spective districts may be too short for that purpose; patented Be it farther enacted, That all the powers given to the said commissioners by the said recited act, shall be continued and remain in force, for and during the further term of two months, from and after the expiration of the time prescribed by the said act, and no longer. And where it shall appear to the said commissioners Pre-emption warrantsmay that any person, being an inhabitant of their respecbe issued to tive districts, and entitled to the pre-emption of certain actural set. lands, in consideration of an actual settlement, is unable to advance the sum required for the payment of the state price, previous to the issuing of a warrant for state price. surveying such land, the said commissioners shall certify the same to the register of the land office, who shall thereupon issue such pre-emption warrant to the party entitled thereto, upon twelve months credit for the purchase money, at the state price, from the date But grants of the warrant. The said register shall keep an exact account of all such warrants issued upon credit, and ment of pur- shall not issue grants upon surveys made thereupon, until certificates are produced to him from the audie tors of publick accounts of the payment of the purchase

tlers, on cre

dit, if unable

to pay the

not to issue until pay

chase mo.

ney.