and then, and there, elect twelve of the most able and discreet persons of the said parish, to be vestrymen thereof, which said vestrymen, so elected, having in the court of the said county of Amelia, taken and subscribed the oaths appointed to be taken by one act of parliament, made in the first year of the reign of his late majesty 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 taken and subscribed the oath of abjuration and repeated and subscribed the test, and also subscribed to be conformable to the doctrine and discipline of the church of England, shall, to all intents and purposes, be deemed and taken to be the vestrymen of the said parish.

CHAP. XXIX.

An Act for establishing the town of Westham, in the county of Henrico.

Henrico

I. WHEREAS one hundred and fifty lots, with Town of streets, have been laid off for a town at Westham in Westham in the county of Henrico, on the land lately belonging county esta to Beverley Randolph, esq. deceased, and William blished. Randolph, gentleman, the present proprietor, is desirous that the land lying between the said town and the river should be also included: And whereas the said town is seated near the lower landing of an extensive navigation, above the falls of James river, and is likely to become the chief place of trade for all the upper inhabitants of that river, and its several branches;

II. BE it enacted, by the Lieutenant Governor, Counoil, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said one hundred and fifty lots, and streets, already laid out, together with the land between those lots K K-Vol. 6.

and the river, be, and are hereby constituted, appointed, erected and established, a town, to be called by the name of Beverley: That the freeholders and inhabitants of the said town, shall, for ever hereafter, enjoy the same rights and privileges, which the freeholders and inhabitants of other towns, erected by act of Assembly in this colony, have and enjoy; and that it shall and may be lawful for the keepers of storehouses already built, or which shall hereafter be built in the said town, for the reception of tobacco, and other wares and merchandizes, to take the like prices for storage, and shall be under the same rules and regulations, which are appointed by act of Assembly for the keepers or owners of public storehouses.

Town of

established.

CHAP. XXX.

An Act for establishing the town of Smithfield, in the county of Isle of Wight, and to prevent wooden chimnies being built therein.

1. FORASMUCH as it hath been represented to Smithfield, this Assembly, that Arthur Smith, of the county of in county of Isle of Wight, gentleman, hath laid out a parcel of his Isle of Wight lands on Pagan creek, in the said county, into lots and streets for a town by the name of Smithfield, and made sale of the said lots to divers persons who have since settled and built, and are now settling and building thereon; and that the said town is situate on an healthy place, and open to 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 parcel of land, lately belonging to the said Arthur Smith, on Pagan-creek, in the county of Isle of Wight, be, and is hereby established a town, as the same is already laid out, to be called by, and retain the name of Smithfield, and that the freeholders of the said town, shall, for ever hereafter, have and

enjoy the same privilegss which the freeholders of other towns, established by act of Assembly, have and enjoy.

III. And whereas it is expedient that trustees should be appointed to lay off and regulate the streets, and to settle the bounds of the said town, Be it further enacted by the authority aforesaid, That from and after the passing of this act, Robert Burwell, Arthur Smith, William Hodsden, James Baker, James Dunlop, James Arthur, and Joseph Bridger, gentlemen, be constituted and appointed trustees for the said town, and they, or any four or more of them, are hereby authorized and impowered, from time to time, and at all times hereafter, to lay off and regulate the streets of the said town, and to settle and determine all disputes concerning the bounds of the lots of the said town, and to settle and establish such rules and orders, for the more regular and orderly building of the houses in the said town, as to them shall seem best and most convenient.

IV. And be it further enacted, by the authority aforesaid, 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 and may be lawful, for the surviving or remaining trustees, 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 seven, which trustees so chosen, shall, to all intents and purposes, be vested with the Same power, as any other in this act particularly nominated and appointed.

V. 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.

Town of Po

Chesterfield

CHAP. XXXI.

An Act for establishing the town of Pocahontas, in the county of Chesterfield; and to prevent wooden chimnies being built therein, and for other purposes therein

mentioned.

I. WHEREAS it hath been represented to this Gecahontas inners Assembly, that Pichard Witton did survey and established. lay out a parcel of land in the county of Chesterfield, into sixty six lots of half an acre each, 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 Assembly, the freeholders and inhabitants thereof will not be entitled to the like privileges enjoyed by the freeholders and inhabitants of other towns in this colony;

II. Be it enacted, by the Lieutenant Governor, Counoil, and burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said parcel of land lately claimed by the said Richard Witton. lying and being in the aforesaid county of Chesterfieid, so as aforesaid laid off into a town, be, and the same is hereby constituted, appointed, erected, and established a town, in manner already laid out, and described to be laid out, and to be called by the name of Pocahontas. and that the freeholders of the said town, shall, for ever hereafter, enjoy the same privileges, which the freeholders of other towns, erected by act of Assembly, enjoy.

III. 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.

IV. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, John

Bolling, Richard Eppes, Clement Reade, Augustine Claiborne, William Kennon, John Archer, Richard Royal, Robert Kennon, and Roger Atkinson, gentlemen, be, and they, and every of them, are hereby constituted directors and trustees, for building, carrying on, and maintaining the said town; and they, or any five of them, shall have power to meet, as often as they shall think necessary, for appointing a public quay, and such places upon the river, for public landings, as they shall think most convenient; and if the same shall be necessary, shall direct the making of wharfs and cranes at such public landings, for the public use.

V. And be it further enacted, by the authority aforesaid, That the said directors shall have full power and authority, to establish such rules and orders for the more regular placing the said houses, as to them And if the inhabishall seem fit, from time to time: tants of the said town shall fail to obey and pursue the rules and orders of the said directors, in repairing and amending the streets, landings, and wharfs, they shall be liable to the same penalties as are inflicted for not repairing the highways in this colony.

VI. And for continuing the succession of the said trustees and directors, until the said town shall be incorporated, Be it further enacted, by the authority afwesaid. That in case of the death of any of the said directors, or their refusal to act, the surviving, or other directors, or the major part of them, shall assemble, and are hereby impowered, from time to time, by instrument in writing under their respective hands and beseals, to nominate some other person or persons, ing an inhabitant or freeholder of the said town, in the place of him or them so dying or refusing; which new director or directors so nominated and appointed shall from thenceforth have the like power and authority in all things relating to the matters herein contained, as if he or they had been expressly named and appointed in and by this act, and every such instrument and nomination, shall from time to time, be entered and registered in the books of the said directors.