parish, in

levied on the inhabitants of that parish, upwards of Vestry of one thousand five hundred and seventy pounds, and Frederick collected and received the same, on pretence of build- Frederick ing and adorning churches, in the said parish, and dissolved. have misapplied or converted the same to their own use, and refuse to render any account of the said one thousand five hundred and seventy pounds, to the parishioners, or finish the church, or chappels, by them begun, which are become decayed, and ruinous, for want of covering, and weather boarding, and the said vestry still continue assessing and levying taxes, on the said parishioners, for the pretended finishing the said church, and chappels, to the great impoverishment of the people, for remedy whereof, and for preventing the like impositions, and oppressive practices, for the future;

11. 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 the vestry aforesaid, be, and it is hereby dissolved, and that all and every act and acts, thing and things, which at any time hereafter shall, or may be done, performed, or suffered, by the said vestry, or pretended vestry of the said parish, shall be absolutely void, and of none effect.

III. And be it further enacted, by the authority aforesaid, That the freeholders, and house keepers, of the said parish, shall meet at some convenient time, and place, to be appointed, and publicly advertised, at least one month, (by the sheriff of the said county of Frederick) before the fifteenth day of June next, and then and there elect twelve of the most able and discreet persons, of the parish, to be vestrymen thereof; which said vestry, so elected, by virtue of this act, shall, before they take upon them to act as vestrymen, before the county court of Frederick, take the oaths mentioned, and required to be taken, by an act of parliament, made in the first year of the reign of our late sovereign lord king George the first, intituled, An act for the further security of his majesty's person and government, and the succession of the crown, in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors; and subscribe the same, make and subscribe the declaration, and also subscribe to be conformable to the doctrine,

and discipline, of the church of England, and after having taken and subscribed the oaths aforesaid, made and subscribed the declaration, and subscribed to be conformable to the doctrine and discipline of the church of England, as aforesaid, such twelve vestrymen shall, to all intents and purposes, be deemed, and taken to be, a legal vestry of the said parish of Frederick, and upon the death, removal, or resignation, of any of the said vestrymen, the remaining vestrymen shall be, and they are hereby impowered, to chuse, and elect, another vestryman, in the room of such vestryman, so dying, removing, or resigning.

IV. Provided always, That nothing herein contained shall be construed to hinder the collector, or collectors, of the said parish of Frederick, from collecting, or making distress, for any parish levies, which shall remain unpaid by the inhabitants of the said parish, after the vestry is constituted as aforesaid; but such collector, or collectors, shall have the same power to collect, and distrain for the said levies, and shall be answerable for them, in the same manner as if this act had never been made.

V. And for the more easy and expeditious bringing former vestrymen, churchwardens, and collectors, to account for the sums of money, by them received, for the use of the said parish, and recovering the same, Be it enacted, by the authority aforesaid, That the churchwardens of the said parish be, and they are hereby impowered to settle, and adjust accounts, for all such sum or sums of money, as shall appear to be due from the former vestry, churchwardens, or collectors, to the said parish, and on refusal of settling, or paying such balance as shall appear to be due, as aforesaid, to bring and commence an action, on the case, in their own name, against such vestryman, churchwarden, or collector, in any court of record, and to declare for so much money, had and received, to the use of the present wardens.

VI. Provided also, That the churchwardens for the time being, shall allow to the former vestrymen, churchwardens, or collectors, all such sum, or sums of money, as by them, or either of them, hath, or have, been paid, advanced, or engaged, on account of the said parish.

CHAP. XXIII.

An Act to explain the charter, and enlarge the privileges, of the borough of Norfolk, and for other purposes therein mentioned.

Norfolk ex

I. WHEREAS his present majesty king George the second, by his royal charter, bearing date under Charter of the seal of this colony, the fifteenth day of September, plained, and in the tenth year of his reign, was graciously pleased privileges of to grant to the inhabitants of Norfolk, that the same inhabitants should be a borough incorporate, consisting of a may- enlarged.

or, recorder, eight aldermen, and sixteen common council men, and was further pleased among other things, to grant unto the said mayor, recorder, aldermen, and common council, of the said borough, and to their successors forever, and to all freeholders of the said borough, owning half a lot of land, with a house built thereon, according to law, and to all persons actually residing, and inhabiting, within the said borough, having a visible estate of the value of fifty pounds current money, at the least, and to all persons who should serve five years to any trade within the said borough, and should after the expiration of their time be actually house-keepers, and inhabitants, in the said borough, full power and authority to name, elect, and send, one Burgess qualified as therein is mentioned, to be present, sit, and vote, in the house of Burgesses of this colony; and some doubts, and controversies, having lately arisen, concerning the construction of the said charter, with respect to the qualifications of persons, entitled by the said charter, to vote at the election of a Burgess, for the said borough: For settling the said doubts and controversies;

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, And the true intent and meaning of the said charter is hereby declared to be, that no person shall vote at the election of a Burgess, for the said borough, in right of any freehold, unless he has an estate of freehold, in one half of a lot of land, within the said borough;

and that there be standing upon the said half of a lot, an house of such dimensions as is required by law, for saving one whole lot, in tenantable repair, at the time of giving such vote; and where two, or more, are seised of any estate of freehold, within the said borough, as joint-tenants, tenants in common, or copartners, no more than one vote shall be given, or allowed, in right of such freehold, and that only in case all the parties interested can agree, otherwise no vote shall be allowed to be given, for any such freehold; and that no person shall be entitled to vote at such election as an inhabitant, or resident, within the said borough, unless he has actually resided there twelve months, next before the time of giving his vote, and no person whatsoever; being a servant, by indenture, covenant, or otherwise, shall be allowed to give any vote at such election, in right, or on account of his being an inhabitant, or resident, within the said borough, and that no person shall be entitled to vote at such election, in right, or on account of his having served five years, in the said borough, unless he shall have actually served as an apprentice to some trade, within the said borough, for the term of five years, and shall have obtained a certificate thereof from the court of Hustings, within the said borough, under the common seal of the said borough, and is also an inhabitant, or housekeeper, within the said borough, at the time of giving his vote, the charge of which seal, to any apprentice so serving as aforesaid, shall not exceed two shillings and six pence, current money.

III. And be it further enacted, by the authority aforesaid, That any person claiming a right to vote as a freeholder, before he is admitted to poll at the election of a Burgess, for the said borough, shall, if required by any candidate, or other person entitled to vote at such election, take the following oath, or being one of the people called quakers, shall declare to the effect of the same, upon his affirmation; that is to say:

You shall swear, that you have a sole estate of freehold, or estate of freehold, in joint-tenancy, tenancy in common, or copartnery with in one half of a lot of land, within the borough of Norfolk, and that there is an house now standing thereon, of such dimensions as is required by law, for saving one whole lot, in tenantable repair, and that the same hath not been granted to you fraudulently, on purpose to qual, ify you to give your vote at this election,

And every person claiming a right to vote as a resi dent, and inhabitant, within the said borough, shall, if required, take the following oath, or being a quaker, declare the same on his affirmation; that is to say:

You shall swear, that you are, and have been, for twelve months last past, a resident, and inhabitant, within the borough of Norfolk, and that you have a visible estate of the value of fifty pounds, current money, at the least, and that the same, or any part thereof, hath not been given or conveyed to you fraudulently, on purpose to qualify you to give your vote at this election.

IV. And be it further enacted, That no person shall be qualified to be elected one of the common council men of the said borough, until he has actually resided there twelve months, at the least, and such residence shall be deemed a sufficient qualification, although he be no freeholder, and that the writ for electing a Burgess, for the said borough, shall be directed to the said mayor, of the said borough, for the time being, as has been used heretofore, and the said mayor is hereby declared to be the returning officer.

V. And for ascertaining the bounds of the said borough, Be it enacted, by the authority aforesaid, That the mayor, recorder, and aldermen, of the said borough, for the time being, be, and they are hereby declared to be, the sole feoffees, or trustees, and directors, of the said borough, and that they be hereby impowered to order a compleat plan to be made, of the bounds, within the said borough, and that the charge thereof be paid by the respective freeholders.

VI. Provided nevertheless, That nothing herein contained shall be construed to take away, or alter, the right, and title, of the justices, of the county of Norfolk, in, and to, one certain lot, or parcel of land, within the said borough, whereon the court house, and prison, now stand.

VII. And be it further enacted, by the authority aforesaid, That the court of Hustings, within the said borough, shall, from henceforth, have the sole power of granting licenses, to ordinary keepers, within the said borough, and that the county court of Norfolk, shall not exercise any jurisdiction in that matter, as hath been formerly done.

VIII. Provided always, That such licenses be granted in the manner directed by one act of Assembly,