execute offi

ces.

and generally to do and perform all things belonging to the office of the clerk of the market within the said Penalties for town. And every person to be elected to any office as refusing to afore-directed, and refusing to undertake and execute the same, shall pay the fines following, that is to say: The mayor fifty pounds, recorder forty pounds, aldermen thirty pounds, common councilmen twenty-five pounds, serjeant one hundred pounds, constable fifty pounds, clerk of the hustings court, and clerk of the market, each fifty pounds, surveyors of the streets or roads thirty pounds each, to be imposed by the judgment of the said court of hustings for the use of the town, and levied by execution against the goods and Officers, how chattels of the offender. And in case of misconduct removed for in the office of mayor, recorder, aldermen, common councilmen, or either of them, the others, being seven at the least, shall have power to remove the offender; and as to all other offices, the power first appointing shall or may at pleasure revoke. And in case of vahow suppli- cancy in the office of mayor, recorder, aldermen or common councilmen, the vacancy shall be filled up in the following manner: The recorder shall succeed the mayor, the eldest alderman succeed the recorder, and so on according to priority, to be reckoned by the. number of votes at the last election. And if a vacancy shall happen among the common councilmen, his place shall be filled from the body of the freeholders within the town, by ballot of the mayor, recorder, aldermen and common councilmen.

misconduct.

ed.

Vacancies,

Common

convened.

IV. And be it farther enacted, That the mayor, recouncil, how corder, and two of the aldermen shall have power, so often as they find occasion, to summon a common council of the said town, which shall consist of the mayor, recorder, two aldermen, and four common councilmen, at the least; that 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 members concur therein.

Property heretofore vested in

V. And be it farther enacted, That all the property, trustees, real and personal, now held or possessed by the trusparticularly the donation tees of the said town of Fredericksburg, in law or of Archibald equity, or in trust for the use and benefit of the inhaMcPherson, bitants thereof, and particularly the charitable dona

transferred

to corpora

tion.

tion of the late Mr. Archibald M'Pherson, now vested in the trustees of the said town, in trust for the educa

tion of poor children, shall be, and the same are hereby transferred and vested in the mayor and commonalty of the said town, to and for the same uses, intents and purposes as the trustees of the said town now hold the same; any former law, or any clause or devise in the said Archibald M'Pherson's will, to the contrary thereof notwithstanding. And in all courts of law and equity, this act shall be construed, taken and held most beneficially and favourably for the said corporation.

CHAP. II.

An act to repeal an act entitled an act for farther continuing an act entitled an act to empower the governor and council to lay an embargo for a limited time.

I. BE it enacted, That an act entitled "An act Act empow for farther continuing an act entitled An act to empow- ering goverer the governor and council to lay an embargo for a nor& counlimited time," shall be, and the same is hereby repeal- cil to lay em

ed.

bargoes repealed,

p. 142.]

CHAP. III.

[Chan, Rev. An act for farther continuing an act entitled an act to exempt artificers employed at iron works from mili

at iron

tia duty.

Act exempt- 1. WHEREAS the act of assembly passed at the ing artificers last March session, entitled "An act to exempt artifiworks, from cers employed at iron works from militia duty,” which militia duty, was continued by an act passed at the last session, will further con-. expire at the end of this present session of assembly; and it is expedient and necessary that the same should be farther continued:

tinued.

II. Be it therefore enacted by the General Assembly, That the act entitled "An act to exempt artificers eniployed at iron works from militia duty," shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer.

Act empowering court of Greenbri

er county to

CHAP. IV.

An act to suspend the execution of an act entitled an act to empower the court of Green Brier county to have a waggon road opened from their courthouse to the eastern waters.

I. BE it enacted by the General Assembly, That the have a wag- execution of the act of assembly entitled "An act to gon road o pened from empower the court of Greenbrier county to have a their court waggon road opened from their court-house to the house to the eastern waters," and all proceedings had thereupon, eastern wa shall be, and the same are hereby suspended for the term of two years.

ters sus

pended.

CHAP. V.

p. 143.]

An act to empower the register of the [Chan. Rev. land office to appoint a deputy on 1the western waters.

I. WHEREAS under the present mode established by law for obtaining grants for waste and unappropriated lands within this commonwealth, many of the good citizens thereof are subject to great inconvenience and expence in travelling to the land-office in order to produce the necessary title papers for obtaining grants on the same; for remedy whereof,

Preamble.

Register of the land of

fice to ap

point a de

country.

II. Be it enacted by the General Assembly, That the register of the land-office shall, and he is hereby empowered to appoint a deputy, for whose good conduct he shall be accountable, to reside in some convenient puty, to repart of the Kentucky country, whose business it shall side in the be to receive the platts and certificates of all surveys Kentucky made within the counties of Lincoln, Jefferson, and Fayette, together with the title papers upon which they His duties. are founded, to be by him registered in a book to be kept for that purpose; all which platts and certificates of survey, as well as all such title papers, the said deputy register shall once in every six months, or oftener if convenient, transmit to the principal land-office, to be proceeded on in the same manner as if the entry had been there first made. And when titles are compleated upon the said platts and certificates of survey, the register shall forward the same to his deputy, who shall, after making a proper entry thereof in his office, deliver them out to the proprietors.

William

Byrd, esq. convey lots

authorised to

and lands, held under Byrd's lottery, and a deed of trust.

CHAP. VI.

An act to secure to persons who derive titles to lots, lands or tenements under the lottery, or under a deed of trust of the late William Byrd, esquire, a fee simple estate therein.

1. WHEREAS there are divers persons possessed Charles Car- of lots in the towns of Richmond and Manchester, and ter, esq. the of lands and tenements contiguous thereto, who derive surviving trustee of titles to the same under the lottery of the late William Byrd, esquire, whereof John Robinson, Peter Randolph, Peyton Randolph, Presley Thornton, John Page, Charles Carter, and Charles Turnbull, esquires, were appointed managers and trustees; and other persons are possessed of lands and tenements, who purchased and derived titles to the same, under a deed of trust, bearing date the eighteenth day of December, one thousand seven hundred and fifty-six, made and executed by the said William Byrd, esquire, to the said John Robinson, Peter Randolph, Peyton Randolph, Presley Thornton, John Page, Charles Carter, and Charles Turnbull, esquires, for the purpose of paying his, the said William Byrd's debts, which said deed of trust is recorded in the general court of this commonwealth. And whereas by the deaths of the said William Byrd, John Robinson, Peter Randolph, Peyton Randolph, Presley Thornton, and John Page, esquires, there are not now living a sufficient number of the said trustees to execute proper deeds of conveyance for the said lots, lands and tenements to the purchasers thereof, whereby the several proprietors are discouraged from improving the same: For remedy

whereof.

II. Be it enacted by the General Assembly, That the said Charles Carter, esquire, the only acting surviving trustee of the said William Byrd, be, and he is. hereby empowered and required, upon the application and at the costs and charges of the said purchasers, to execute deeds of conveyance in fee simple for the aforesaid lots, lands and tenements to the respective pur