In Pursuance of an Act of Assembly passed the last session of Assembly held at Richmond October one thousand seven hundred and Eighty one - to wit-Entitled an act for Incorporating the Town of Fredericksburg in the County of Spotsylvania -
Be it enacted that it shall be lawful for the Freeholders and House Keepers who shall have been resident in the said Town three months next proceeding such Election, to meet at some convenient place in the said Town annually on the third Monday in March and then and there nominate and elect by Ballott twelve fit and able Men being Freeholders and Inhabitants of the Town to serve as Mayor, Recorder, Aldermen and Common councilmen, for the same, and the persons so Elected shall within one week after their election, proceed to choose by Ballot out of their own Body, One Mayor, one Recorder, and four Aldermen, and the remaining six shall be common Councilmen whose several authorities as Mayor, Recorder, Aldermen and Common Councilmen shall continue until the third Monday in March in the year succeeding, and until others shall be qualified in their stead and no longer, unless where elected - That the Mayor, Recorder, Aldermen and Common Councilmen, so Elected, and their successors, shall and are hereby made a Body Corporate, and Polotic, by the name of Mayor and Commonality of the Town of Fredericksburg and by that, name to have perpetual Succession, with Capacity to purchase receive and possess Lands and Tenenaments Goods and Chattels either in Fee or any lesser estate therein, and the same to give, grant, lett, sell, or assign again, and to plea and be impleaded, prosecute, and defend all Causes and Complaints, Actions real and personal or mixed, and to have one Common seal and perpetual Succession -
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That the person who shall be first elected Mayor of the said Town shall within one week after his Election take an Oath or make solemn affirmation before a Justice of the Quorum in the Commission of the peace for the said County of Spotsylvania, for the due & faithful execution of his Office, and every succeeding Mayor shall be Qualified to his Office before the Mayor for the time being, and every Recorder, Alderman, and Common Councilman, shall take the like Oath or make the like Affirmation, with respect to their Office before the Mayor, for the time being, but no person shall hold the Office of Mayor for more than One Year within any two Years, provided nevertheless, where a vacancy shall have happened in the Office of Mayor within the Year, the person elected for the remainder of that year, may be elected again at the next general election and untill another, shall be elected and qualified in his stead. And be it enacted that the Mayor, Recorder, and Aldermen, for the time being, are hereby declared and constituted Justices of the peace within the limits of the said Town, which limits shall extend to low Water mark on the North west side of Rappahannock River, and half a Mile without and around the Other limits of the said Town, and have the like Jurisdiction in all cases whatsoever originating within the limits aforementioned, as the Justices of the County Courts within this State now have; That the Mayor, Recorder and Aldermen, or any four of them (the Recorder or Mayor being one) shall have power to hold a Court of Hustings on the third Monday in every Month, and to hold pleas in all cases whatsoever, originating within the limits before described,
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in the same manner as the County Courts may do. To have the sole power of licensing Tavern keepers, and settling their rates, to appoint a Sergeant, who shall have the power of a Sheriff, Constable and other necessary Officers of Court, and Surveyors of the Streets and Highways, and to settle and allow reasonable Fees allowed the like Officers in the County Courts, provided that the said Officers shall take an Oath of Office before the said Court of Hustings, before they shall be allowed to Act, and that the Sergeant shall moreover give Bond and security for the due performance of his Office which Bond shall be made payable to the Mayor for the time being, and his Successors, and may be put in Suit by the party grieved in like manner as Sheriffs Bonds. And provided always, that in Civil cases the Court of Hustings shall not have Jurisdiction where the demand shall exceed one thousand pounds of Crop Tobacco, or the Value thereof in Money at the time of entering the Action, unless both parties shall be Inhabitants of the Town at the time of sueing out the first process in the Suit -
And be farther enacted, that the Mayor, Recorder Aldermen and Common Councilmen, shall have power to erect Workhouses, Houses of Correction Prisons, and Other Public buildings for the benefit of the Town, and to make By Laws and Ordinances for the regulation and good Government of the said Town, and to Assess the Inhabitants and all property within the Actual bounds of the said Town for the charges of repairing the Streets, provided that such by Laws and Ordinances shall not be repugnant to, or inconsistent, with the Laws and constitution of this Common Wealth, And the Mayor, Recorder Aldermen and Common Councilmen, shall have power to hold and keep within the said Town, two Market days (the one on Wednesday, the other on Saturday) in every Week and from time to time to appoint a Clerk of the Market, who shall have a Assize of Bread,
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Wine, Wood, and other things, and generally to do and perform all things belonging to the Office of the Clerk of the Market within the said Town. And every person to be elected to any Office as 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, Sergeant 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 Chattels of the Offender, And in case of Misconduct in the Office of Mayor, Recorder, Aldermen, and Common Councilmen, or either of them the others being Seven at least, shall have power to remove the Offender, and as to all other Officers the power first appointing, shall or may at pleasure revoke, And in case of Vacancy in the Office of Mayor, Recorder, Aldermen and Common Councilmen, the Vacancy shall be filled up in the following manner. The Recorder shall succeed the Mayor, the eldest Aldermen 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.
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And be it farther enacted that the Mayor, Recorder and two of the Alder men, 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 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 -
And be it farther enacted that all the property real and personal, now hold or possessed by the Trustees of the said Town of Fredericksburg in law or equity, or in trust for the use and benefit of the Inhabitants thereof and particularly the Charitable Donation of Archibald McPherson deceased, now vested in the trustees of the said Town, in Trust for the education of poor children, shall be and the same are hereby transferred and vested in the Mayor and Commonality 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 McPhersons will to the Contrary thereof notwithstanding. And in all Courts of law and equity, this act shall be construed taken and held most beneficially & favorably for the said Corporation.
"The Inhabitants of the Town of Fredericksburg met this Eighteenth Day of March one thousand seven hundred and Eighty Two being the third Monday of said Month of March by Summons of the late Trustees of said Town and proceeded by Ballott to the Election of Twelve Members Freeholders of the said Town agreeable to the recited
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Act, one of which to serve as Mayor, one other as Recorder, four others as Aldermen and the remaining Six as Common Councilmen, the Ballotts being received and examined by the Trustees, the Votes appeared in favor of the following Gent to wit Charles Mortimer, Seventy Eight; William McWilliams Seventy Eight; James Taylor Seventy five, John Julian Seventy Two James Somerville Sixty Eight, Preeson Bowdoin Fifty four, Samuel Roddy Fifty four, George Weedon Forty Seven, Thomas Broomfield Forty Seven, Charles Dick Forty three, Thomas Miller Forty, John Welsh Forty, and George French Thirty five and the Twelve first named are accordingly Elected agreeable to said Act. -
At a meeting at the Coffee House on Friday the Twenty second Day of March One thousand seven hundred and Eighty two, of Charles Mortimer, Wm. McWilliams, James Taylor, John Julian, James Somerville, Preeson Bowdoin, Samuel Roddy, George Weedon, Thomas Broomfield, Charles Dick, Thomas Miller & John Welsh Gent. the Twelve Elected as Members of the Corporation of Fredericksburg on the Eighteenth Instant; Preeson Bowdoin Gent, one of the said 12 informed that he was not a Freeholder of the sd. Town of Fredericksburg & took an Oath to that purpose which was administered by Mann Page, Gent. a quorum Justice of the County of Spotsylvania he the sd P. Bowdoin is therefore unqualified to serve as a Member of the said Corporation and it
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appearing from the Ballotts that George French Gent. had the next majority, he is therefore Elected agreeable to the Act of Assembly -
Present George French Gent
The meeting then proceeded by Ballott to the Election of a Mayor, Recorder and four Aldermen the Ballott being received, and examined the following Gent. are elected to wit Charles Mortimer, (Mayor) William McWilliams, (Recorder) James Somerville, Charles Dick, Saml. Roddy & John Julian Alderman who agreeable to the list for incorporating the sd. Town are declared Justices of the Court Hustings for the Corporation of Fredericksburg whereupon Mann Page Gent. one of the Justices of the Quorum for the County of Spotsylvania Administered the Oath of Fidelity to the States & the Oath of a Magistrate of the Common Wealth to Charles Mortimer Gent as Mayor and the said Charles Mortimer Gent. then administered the Oath of Fidelity to the States to William McWilliams, James Taylor, John Julian, James Somerville, Samuel Roddy, George Weedon, Thomas Broomfield Charles Dick, Thomas Miller, John Welsh and George French Gent and to each the respective Oath of their Office and they are thereby each & every one of them duly qualified to enter on the execution of their office -
The minutes of the preceeding business were read approved off and Signed -
| Charles Dick | Charles Mortimer |
| Saml. Roddy | William McWilliams |
| John Julian | James Somerville |
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At a Common Council for the Town and Corporation of Fredericksburg held at the Rooms of Mr. Richard Kenney agreeable to Summons of Charles Mortimer Gent Mayor, William McWilliams Recorder James Somerville and Sam Roddy Gent. Aldermen on Wednesday the Twenty Seventh Day of March One Thousand Seven hundred and Eighty Two -
Present
| Charles Mortimer | James Taylor | ) |
| William McWilliams | George Weedon | ) |
| James Somerville | Thos. Broomfield | ) Gent. |
| Charles Dick | Thomas Miller | ) |
| Samuel Roddy | John Welsh | ) |
| John Julian | George French | ) |
William Smith, John Legg, and Henry Armistead Offered themselves as Candidates to this Board for the Office of Clerk to the Council, whereupon they proceeded by Ballott and on examining the same a majority was found in favor of Henry Armistead and is hereby appointed Clerk to this Board, Charles Mortimer Gent. then administered to him the Oath of Fidelity to the State and for the due execution of his Office -
Absent Thomas Broomfield Gent.
Thomas Miller and John Welsh Gent. are requested to obtain an Estimate of what the Prison or Goal in this Town can be repaired for and Report to this Board
It is the opinion of this Board that no Hog or Hogs should be suffered to run at large within this Town after the Tenth Day of April next - Ordered that
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the Clerk notifie the same at the public market or Town House.
Ordered that no Servant or slave after the Tenth Day of April next be suffered to dispose of any article whatever within this town after that time, without written leave from his or her master, Mistress or Overseer -
Ordered that all Tavern keepers within this Town appear before the Court Hustings of this Corporation to be held on the third Monday in April next then and there to give proof of their being licensed so to do
Mr. Richard Kenney offered this Board his Rooms and to furnish them with Fire for the use of the Court of Hustings and of this board, to hold Court and Council in for three Dollars p Month which offer they accept of and Agree to pay -
Ordered that this Board be adjourned until Saturday the 30th Day of March to the Hour of Ten O'Clock
The minutes of the preceeding Orders were Signed by
Charles Mortimer, Mayr
Test
Henry Armistead Clk. Coul
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At a Common Council (Pursuant to adjournment) for the Town and Corporation of Fredericksburg on Saturday the thirtieth of March One thousand Seven hundred and Eighty Two
Present Charles Mortimer
Present James Somerville Gent.
An Ordinance for prevention of unlawful assembling of Slaves and the Inhabitants of this Town from dealing with such was presented and is as follows to wit - Whereas 'tis absolutely necessary that the most effectual methods should be taken to prevent all Negroes or slaves and servants from unlawfully assembling Within the Town and Corporation of Fredericksburg and for detecting and punishing their Secret dealings with the Inhabitants
Be it ordained by the Mayor, Recorder, Aldermen and Common Council of the said Town and Corporation of Fredericksburg And it is hereby Ordained by the authority of the same that from and after the Tenth Day of April next ensuing, no servant or slave shall on any pretence whatever be permitted to sell any Article within this Town without written leave from his or her Master, Mistress or Overseer; or suffered to remain within the Town on Sabbath Day after the Hour of Two
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O'Clock, and such Servant or Slave convicted thereof before a Magistrate shall for every offence receive on his or her bare back well laid on any Number of lashes not exceeding thirty nine at the Public whiping Post
And be it further Ordained that any Servants or Slaves belonging to the Town and Corporation that may be found dealing, either, with the Servants or Slaves of the Town and Country, Gaming, or riotously Assembling, shall (being convicted thereof before a Magistrate) receive on his or her bare back, a Number of lashes not exceeding thirty nine, well laid on, at the Public whiping Post, for every such Offence;
And be it further Ordained, that if any white person, free Negroe, or Mulatto, shall be found in Company, with any Servant, or Slave, at unlawful meetings, Gaming with, dealing, entertaining, or harbouring such, without the Owners consent, shall, (upon conviction before a Magistrate) forfeit to the Owner of such Servant, or Slave, four times the value of the thing bought from them, to be recovered with costs by Action on the Case in the Court of Hustings of this Corporation, and shall moreover forfeit five pounds to the Person who shall sue or Prosecute such Offender to be recovered with Costs as aforesaid before the Court of Hustings, or receive thirty nine lashes on his or her bare back well laid on at the Public whiping Post - - - - - -
The same being read and mutually considered is Ordered to be recorded.
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An Ordinance for preventing the unlawful Retail of Liquors.
Whereas every encouragement is due to those who keep Public Houses agreeable to the Laws of the State and that all retail Shops of Liquors not legally Authorized, must not only prejudice such Houses, but are found to corrupt Servants, produce Vice, and encourage indolence. Be it Ordained by the Mayor, Recorder, aldermen, and Common Council of the Town of Fredericksburg, and it is hereby Ordained by the Authority of the same, that the Acts of Assembly of this State now in force, be after the tenth day of April next ensuing, carried into strict Execution, and that prosecution be immediately after made, against such retailers of Liquors, not legally Authorized, for the penalties inflicted by the said Acts of Assembly, and that the inhabitants may not plead the want of knowledge of said Acts. It is further Ordained, that the Clerk annex to a Publication of this Ordinance an abstract of the said Acts.
The same being read and maturely considered, is Ordered to be Recorded.
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An Ordinance for Restraining Hogs runing at large, within the Town of Fredericksburg.
Be it Ordained, by the Mayor, Recorder, Aldermen, and Common Councilmen, of the Town and Corporation of Fredericksburg, And it is hereby Ordained by the Authority of the same that from and after the tenth day of April next ensuing, that any Hog, or Hogs, that shall be found runing at large, within the Limits of said Town, shall not only, be Subject to the Laws now in force, by sundry Acts of Assembly, but moreover may be impounded, by any person, who shall immediately Advertise the same at the Town House, and if not claimed by the Owner and secured in forty eight Hours, the same shall be sold by the Constable, who is hereby directed, to pay to the person impounding the same, ten shillings each, and an allowance for maintenance of such, with a Commission to the Constable of five p Cent for selling, and the Balance he shall pay in to the hands of the Chamberlain, to be applied to the use and benefit of the Town, provided nevertheless, that if the Owners claim them, within forty eight Hours, and shall pay to the impounder ten shillings each, and an allowance for maintenance before taking them away, he or she shall be intitled to the Hog or Hogs so impounded.
The same being read and maturely considered, is Ordered to be Recorded.
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An Ordinance for Appointing a certain place within the Town of Fredericksburg for holding a Public Market, and for regulating the same.
Be it Ordained, by the Mayor, Recorder, Aldermen, and Common Council of the Town of Fredericksburg, and it is hereby Ordained by the authority of the same, that after the sixteenth day of April next ensuing, all Public Markets be held at the Town House on Wednesday and Saturday of every Week, and continue Open till the Hour of twelve O'Clock of the forenoon.
And be it further Ordained that a Clerk of the Market be appointed and sworn to execute his Office, impartially, who shall have power to adjust Weights, and Measures, inspect the quality of provisions, and condemn such as is unsound, or unwholesome, (first calling on a Magistrate whose Opinion shall be had before condemnation) and being so condemned, shall be given to the Poor. Be it further Ordained, that any provision Offered for sale in said Market, of Fraudulent weight or falsely packed, shall be forfeited and immediately sold by the Clerk of the Market, for the use and benefit of the Town. Be it Further Ordained, that no Article of provision shall be offered for sale in any part of the Town, but at the Public Market House, under the Penalty of forfeiting the Article so Offered, which shall be sold and Applied to the use of the Town, provided nevertheless, that all Articles, which have been exposed for Sale, in Public Market, and remain unsold during Market Hours, may be disposed of at any time and place
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afterward in the same day. Be it further Ordained (to prevent for stalling and engrossing) that no inhabitant shall purchase any Article of provision, coming to Market or in any place or part of the Town, but at the Public Market House, under the Penalty of forfeiting the Value of the Article, so purchased, for the first Offence, double the Value thereof for the second Offence, and the Penalty doubled for every offence after, of the like kind, to be recovered with Costs as herein After directed: provided always that nothing in this Ordinance, shall extend to live Cattle, Pork, Butter in Kegs, Cheese, Oysters, Biscuit, Bakers Bread, or to any Article that has been exposed for sale at the Public Market and purchased after Market Hours.
Be it further Ordained that the Penalties herein inflicted exceeding the sum of five pounds, shall be recoverable by Action of Debt, in the Court of Hustings of the Town of Fredericksburg, and under that sum & above twenty five Shillings, by Petition before the said Court of Hustings, and all lesser Penalties before a Magistrate of the said Court, by any person who shall prosecute or sue for the same, One Moiety whereof shall be to the use of such Person, and the other Moiety, to and for the use, and benefit of the Town, and in all such Cases it shall and may be Lawful, for the said Justices to Award Execution against the Body or Goods and Chattels of the Offender, as by Law in like Cases are directed.
The same being read and maturely Considered is Ordered to be Recorded.
Ordered that the Clerk of this Council Cause Copys of the several Ordinances to be published at the Town House
The preceeding minutes were signed by
Charles Mortimer
Attest Henry Armistead Clk
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At a Common Council for the Town and Corporation of Fredericksburg, held the twentieth day of April One thousand seven hundred and eighty two
Present
| Charles Mortimer | George Weedon | ) |
| William McWilliams | Thomas Brumfield | ) |
| James Taylor | Charles Dick | ) |
| James Somerville | John Julian | ) Gentm |
| Thomas Miller | John Welsh | ) |
Ordered that the Bakers bread of Superfine Flour shall weigh per Loaf one pound; the second Quality one pound and a quarter, and the brown bread two pounds, and that they have a right, to demand and receive, three pence three farthings per loaf, and no more; that any person selling bread of less weight, or demanding more, shall forfeit the bread so Offered, or the Clerk of the Market, is hereby Ordered to condemn such, and to distribute the same among the Poor, that each Baker shall stamp their bread with their name. - - -
Absent Thomas Brumfield Gent.
Ordered that all wood brought to this town in future, shall be sold by the cord, and that strict Justice may be done, as well to the Seller as purchaser, It is Ordered that the Clerk of the Market, measure and Adjust all Waggons and Carts, bringing Wood to Town, which Waggons and Carts, shall have its mark or brand on them, certifying the Quantity such
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Waggon or Cart brings; should any dispute arise respecting the load, After the branding, the said Waggon or Cart, the Clerk of the Market shall be called on, whose determination shall be final, and in all such cases, the Officer shall receive the sum of five shillings, by the seller of such Wood, if it is found deficient of the Quantity marked on his Waggon, or Cart; and if the Quantity is found agreeable to the mark, the purchaser shall pay the said five shillings -
That all Hay or fother brought to this Town in future shall be sold by the hundredweight
Present George French Gentm.
Charles Mortimer William McWilliams, James Somerville, and Thomas Miller Gentm. or any three of them are appointed, to Advertise the Letting of the Repairs of the Court House, Goal, and whiping stocks, to the lowest bidder, and report their proceedings to this Council. John Welsh Gentm. is hereby impowered to inclose the Market House, by Post and railing and that this board will allow and pay to him, such sum as it may be adjudged hereafter, to be worth. Thomas Miller Gentm. is hereby impowered to procure a Public seal for the Corporation, with a Device of a hand and scale, with the words of "The Corporation of Fredericksburg" around it.
Ordered that the Surveyors of the Streets, summon the Tithables persons, within their Precinct, who Agreeable to an Act of Assembly, are commanded to work on the highways, and that they proceed to have posts set up, eight
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Feet from the line of the Streets, and twelve Feet apart, and that eight Feet from the line or Houses, be paved or graveled.
Ordered that Thomas Brown one of the Overseers of the Streets, agree with some person for Locust Posts, and that he hire Carts or Waggons, (if necessary) to bring them in, and this board will cause them to be paid for by this Corporation.
Ordered that the Constables from time to time survey the Streets, and if they find any Hogs at large they cause the same to be immediately impounded or destroyed.
The Minutes of the preceeding Orders were Signed by
Charles Mortimer Mayr.
Test
Henry Armistead Clk.
At a Common Council for the Town and Corporation of Fredericksburg held the thirteenth day of May, One thousand seven hundred and eighty two.
Present
| Charles Mortimer | George Weedon | ) |
| William McWilliams | Thomas Brumfield | ) |
| James Somerville | Thomas Miller | ) Gentm. |
| Samuel Roddey | John Julian | ) |
| John Welch | ) |
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Ordered that the Surveyors of the Streets, instead of the former Order, fix up the Posts twenty four Feet, apart, and nine feet from the line of the Street.
Charles Mortimer, William McWilliams, George Weedon, and Thomas Miller, Gentm. Are appointed, to form a Plan for the improvement of the Streets, which they are to give in writing, to the Surveyors of the Streets, And the surveyors, are hereby Ordered to pursue such Plan.
Ordered that the Clerk procure from the Clerks Office of Spotsylvania County, a Copy of the Deed, from Royston, or Willis, to the Trustees of this Town, and that he also obtain of the Commissioners, a Copy of the Assessment of this Town.
Present Charles Dick Gentm.
Ordered that Charles Mortimer, William McWilliams, James Somerville, Charles Dick, and George Weedon, Gentm. form a Petition, and remonstrance to the Assembly, praying such Amendments, and Additions, as to them seem necessary, and that they lay the same before this Council, at their next meeting, for their concurrence or amendment.
Present George French Gentm.
The Minutes of the preceeding Orders were signed by
Charles Mortimer Mayr.
Test
Henry Armistead Clk
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At a Common Council for the Town and Corporation of Fredericksburg, held the twenty second day of May One thousand seven hundred and eighty two
Present
| Charles Mortimer | Thomas Brumfield | ) |
| William McWilliams | George Weedon | ) |
| James Somerville | Thomas Miller | ) |
| James Taylor | Charles Dick | ) Gentm. |
| John Julian | John Welch | ) |
| Samuel Roddey | George French | ) |
In pursuance of an Order of the last Council, the Gentlemen who were appointed to draw up a Memorial, to the House of Delegates, of the State of Virginia in behalf of this Corporation, reported and it is as follows
To the Honourable, the speaker, and Gentlemen, of the House of Delegates of Virginia
The Memorial of the Mayor, and Commonalty, of the Town of Fredericksburg, humbly represent, that your Memoralists have a Just sense of the ready attention of the late General Assembly, to the interest and conveniency of the Inhabitants of the Town, by incorporating the Town with the Ample privileges then prayed for, by the Petition
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of the Freeholders and Inhabitants. But your Memorialists, finding from early experience, that many hardships still subsist, think it is their duty as members of the present Corporation to lay the same before your Honourable House, in full confidence, that your Honors will grant such further privileges, as may be Judged Necessary, for the better Government of this little Common Wealth, and consistent with the true policy of the State; Observing however, that the great distance from the County Court and the very large Proportion, of the Inhabitants of the County, being resident in Town, Place this Town in a Situation different, from any in the State.
Your Memorialists for the above reasons, represent,
First--That it is necessary to enlarge the Limits of the Corporation, to the distance of one Mile at least, some ill disposed persons, having already set themselves down just without the present Limits, to carry on those bad practices which expelled them [from] the Town, and that the Corporation be authorized, to Assess the inhabitants, within the full extent of their boundaries; that such Assessment may be Applied, to any purpose, whatever, for the benefit of the Corporation.
Secondly-- That a greater part of the inhabitants, are without Horses, and unable to attend the County Courts, it would give them great relief, to make the Hustings Court, a Court of Record, to enable them to take Probate of Wills, grant
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Administrations, and Record Deeds, within the Limits of the Corporation
Thirdly-- That as more than half the Criminal business, in the County, and a still greater proportion of the prosecutions, upon Penal laws, will fall to the share of the Court Hustings, it will be necessary to appoint a Gentleman, skilled in the law to prosecute for the State - the expense of which ought to be contributed to by the County at large.- The inhabitants of the Town being chargeable, with part of that expense, for the deputy State Attorney, in the County Court, by making both allowances, a County charge, it will be equally born as heretofore.
Fourthly-- The charge of repairing the Streets, and supporting the Common Officers, of the Corporation, being a heavy Tax, on the inhabitants, the Wharf wanting enlarging, and the landing deepening, it is reasonable that the Vessels, coming to the Port should defray that charge, and it is necessary that the Corporation should have power, to impose a reasonable Tax on Vessels, to be applied solely to the purposes, of erecting and maintaining of Wharfs, and removing obstructions in the Water.
Fifthly-- That as the inhabitants of the Town, have during the whole War borne a large share of its burthens, in Accomodating the Soldiery, having a considerable part of their property impressed, their private Houses Occupied without
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compensation, the Court House, Town House, and Goal, public Buildings of great value, rendered unfit for use without great repairs - - - It is humbly prayed that the Tax on Ordinary, licenses and fines, Arising from Penal laws, and Accruing to the State within the Town, may be applied towards repairing such buildings.
Lastly--That your Memorialists humbly, conceive that the constitution of this Government, as expressed in the bill of right entitle the Town, to be represented in the General Assembly of the State, and as such a Measure will be a Means of promoting, the commercial Interest of this Country it is requested, that the Freeholders of the Town, may be allowed to Elect a representative, as soon as may be.
On mature consideration tis Ordered that a fair Copy thereof be made, Signed by the Mayor, Attested by the Clerk, and presented to the House of Delegates, thro' Mann Page Esquire, a representative from this County.
Ordered that a Subscription be opened Soliciting the generous Inhabitants of this State contribution towards the repair of the Town House.
William McWilliams & James Somerville Gent. are appointed to examine the Accounts of Charles Dick Gent. Treasurer of the Town and as Administrator of McPhersons Estate and report to this Council
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It is agreed among the members of this Council that any member absenting himself without reasonable excuse from attending this Council on the days that may be fixed for their meeting and do not meet by the Hour of 10 O'Clock they will pay into the Treasury twenty Shillings Specie for such failure.
James Somerville Gent. is appointed Chamberlain who is to give Bond and Security for duly Accounting for the duty of his Office.
The Minutes of the precedeing Orders were signed by
Charles Mortimer Mayr.
Test
Henry Armistead Clk.
At a Common Council for the Town and Corporation of Fredericksburg held the Sixth day of June One thousand seven hundred and eighty two.
Present
| Charles Mortimer | George Weedon | ) | |
| William McWilliams | Thomas Brumfield | ) | |
| John Julian | John Welch | ) Gent. | |
| James Somerville | Samuel Roddey | ) | |
| George French | Charles Dick | ) |
A proposal for the better regulating the work on the Streets being laid before this board and considered - The present plan being thought by the Inhabitants of the Town a great inconvenience -
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Ordered that a Tax of three Shillings be levied on all Male Tithables, and collected Weekly untill the Streets are finished, the first Money to be immediately collected by the Overseers of the Streets for the purpose of hireing a sufficient number of Hands to improve and carry on the repairs of the Streets.
John Atkinson and Thomas Brown are permited to decline their serving as Overseers of the Streets -
James Jarvis and John Richards are appointed Overseers of the Streets and took the Oath for faithfully discharging the trust reposed in them -
Ordered, that James Jarvis and John Richards be allowed ten Shillings for each day they attend with workmen on the Streets -
Ordered, that a Tax of three fourths p Cent be levied and collected on all landed property within the Corporation as valued by the Public Assessors, also a Tax of three Shillings on all male Tithables within said Corporation, for the purpose of repairing the prison &c. &c. and purchasing Posts for the Streets -
Absent Charles Mortimer Mayr.
Ordered that no Negro shall take up any Hog or Hogs, but by the express Order of his or her Master or Mistress, and that the Hog or Hogs, when taken up shall be Advertised by the Master or Mistress of such Negro
The Minutes of the precedeing Orders were signed by
William McWilliams Recorder
Test
Henry Armistead Clk -
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At a Common Council for the Town and Corporation of Fredericksburg held the twenty first day of June One thousand Seven hundred and eighty two -
Present
| Charles Mortimer | John Julian | ) |
| William McWilliams | George Weedon | ) |
| James Somerville | Thomas Miller | ) |
| Charles Dick | Thomas Brumfield | ) Gent. |
| Samuel.Roddey | John Welch | ) |
| George French | ) |
Ordered that any person white or black, driving Waggons against the Posts fixed in the Streets, whereby the Posts may be broke or Injured shall for every offence (if a white person) forfeit and pay the sum of twenty shillings, to be recovered by Warrant before any Magistrate of the Corporation, And if a Negroe he shall receive on his bare Back thirty nine lashes for every Offence, unless the Master of such Negroe will pay on demand the aforesaid fine of twenty Shillings. -
Ordered, that any person or persons riding or driving any Horse or Horses, within the Posts, (fixed for the convenience of Foot passengers) if a white person shall forfeit and pay for every such Offence the sum of Six Shillings, if a negroe, he shall receive Corporal punishment at the discretion of a Magistrate-
Ordered that any person or persons Straining Horses through the Streets of Fredericksburg (if a white person) shall forfeit and pay for every Offence the sum of Six Shillings, if a Negroe he shall receive Corporal punishment at the discretion of a Magistrate-
A Return of the Assessment on the Lotts was made Amount Seventy four Pounds thirteen Shillings and four Pence, Ordered that the Sergeant Collect of the several persons the sums they stand Assessed
[Page 27]
Ordered that John McCawley, John Wigglesworth and Philip Lipscomb view the Market House in Fredericksburg and report to this Board on Oath, the damages done to the said House by the Troops of the United States
It appearing to this Board, that a Stone Wall built by Major Robert Forsyth on the lott between his House and Street, is on the main Street Fredericksburg
Ordered that he be forbid to build on the said Wall but that he shall have the privilege to remove the same in any time that it may be convenient to him between this time and the third Monday in March One thousand seven hundred and eighty three
Ordered that all Steps, Porches, Cellar Doors and Other Obstructions found to be on the main Street beyond the limits of three Feet be removed, and all Cellar Doors built on the Street in future shall be built with a slope from Houses, with folding doors not extending more than three Feet from the line of the Street, the same distance is allowed for Steps &C. And that this Order be Advertised and put in execution, by the first day of November next.
The Minutes of the precedeing Orders were signed by
Charles Mortimer Mayr.
Test
Henry Armistead Clk
[Page 28]
At a Common Council for the Town and Corporation of Fredericksburg held the twenty fourth day of July One thousand seven hundred and eighty two.
Present
| Charles Mortimer | Thomas Brumfield | ) |
| William McWilliams | George Weedon | ) |
| Samuel Roddey | Thomas Miller | ) |
| John Julian | John Welch | ) Gent. |
| Charles Dick | George French | ) |
Absent Charles Dick Gentleman,
Charles Dick Gent. One of the Feeoffees of the Town of Fredericksburg and Treasurer to the said Feeoffees presented this Council with an Account of their Trust of Archibald McPhersons Estate, and offered for the Balance a number of Continental and State Loan Office Certificates as follows in payment thereof, Alledging that the purchasers of the Estate had paid the Amount thereof in paper Currency which he the said Charles Dick Gent agreeable to the direction of the Trustees of Fredericksburg had invested in the said Certificates which are as followeth
| No. | Amount | Date | Authority |
| 651 | 500 Dollars | Dated the 2 of December 1778 | Continental Loan Office |
| 652 | 500 Dollars | Dated the 2 of December 1778 | Countersigned William Armistead |
| 648 | 500 Dollars | Dated the 2 of December 1778 | |
| 649 | 500 Dollars | Dated the 2 of December 1778 | |
| 650 | 500 Dollars | Dated the 2 of December 1778 | |
| 653 | 500 Dollars | Dated the 2 of December 1778 | |
| 654 | 500 Dollars | Dated the 2 of December 1778 | |
| 655 | 500 Dollars | Dated the 2 of December 1778 | |
| 1422 | 1000 Dollars | Dated the 5th May 1779 | |
| 8473 | 500 Dollars | Dated the 5th May 1779 | |
| 10.083 | 400 Dollars | dated the 5th May 1779 | |
| 10.082 | 400 Dollars | dated the 5th May 1779 | |
| 227 | 525 2/3 Dollars | dated the 12th June 1780 | State Loan Office of Virginia |
| 163 | 1266 2/3 Dollars | dated the 18th March 1779 | |
| 917 | 809 2/3 Dollars | dated the 11th of November 1779 | |
| $902 |
[Page 29]
The Council are of Opinion that they in Justice to the good People they represent cannot accept thereof as payment, they being of Depreciated Value and conceive that the Trustees were not Justifiable by any means in receiving of the Monies in a Depreciated State, or investing it in Loan Office Certificates, as by the Will of Mr. McPherson we think fully appears; and the Money arising on the Sales not being payable till 1782
James Williams and James Frazer are appointed as additional members for the valueing the damages done the Market House or either three of the whole, tis Ordered that they report to this Council -
Ordered that the Overseers of the Streets call on the Tithable persons of the lower district to work two days thereon, they having not worked by two days so much as the upper district -
Ordered that John Richards & James Jarvis Overseers of the Streets pay Edward Herndon the sum of three pounds Current money for ten spades for the use of the Corporation which they are to take care off, and be accountable for
Ordered that no person be permitted to erect any building on the cross Streets contrary to the resolutions of this Council respecting the main street, but that the same be Observed and enforced on every Street
The Minutes of the preceding Orders were Signed by
Charles Mortimer Mayr
Test
Henry Armistead Clk
[Page 30]
At a Common Council for the Town and Corporation of Fredericksburg held the twenty second day of August One thousand seven hundred and eighty two,
Present
| Charles Mortimer | George Weedon | ) |
| William McWilliams | Thomas Brumfield | ) |
| John Julian | John Welch | ) |
| James Somerville | Samuel Roddey | ) Gent. |
| George French | Charles Dick | ) |
It appearing to this Council that the Country people who come to this Market suffer many inconveniences for the want of Stalls, Be it therefore Ordained that two Stalls be immediately erected in the Market by the Clerk, for their convenience, and that the proprietors of private Stalls in the Market, shall pay unto the Clerk the sum of 7½s. for each stall, on the Public Market days, which Money shall be applied by the Clerk, for keeping the Market House clean and decent -
Whereas sundry ill disposed persons have circulated false reports in the country, purporting that no provisions were allowed to be exposed in Market, except on Market days under penalty of Seizure, and as such reports are totally without foundation and derogatory to the Corporation Act - Be it Ordained that any person or persons who shall hereafter be found guilty of spreading such reports, or any Other reports to the prejudice of the Market shall for the first offence forfeit and pay twenty pounds or receive on his or her bare back thirty nine lashes, and for the second offence shall on conviction thereof be expelled the Town -
Presented and read a petition from sundry inhabitants of the Town of Fredericksburg as followeth -
[Page 31] To the Mayor, Recorder, Aldermen and Common Council of the Town and Corporation of the Town of Fredericksburg
The Petition of sundry inhabitants whose names are hereunto subscribed
Sheweth That your petitioners being frequently subjected to the payment of many heavy Taxes and charges for the general benefit and improvement of the said Town of which many proprietors of unimproved Lotts pay no part although their property is thereby daily rendered more valuable That the proprietors of such Lotts although wealthy, will neither build on them, nor sell to those who would unless for exorbitant prices, by means whereof Rents are high and many useful tradesmen are prevented from residing in the said Town to remedy which your petitioners pray that you as Guardians of the said Corporation will take into your consideration an Act of Assembly passed in the year of our Lord One thousand seven hundred and twenty seven entitled an Act for erecting a Town in each of the Counties of Spotsylvania and King George or so much of the said Act as may relate to the said Town of Fredericksburg a due execution of which Law your petitioners conceive will be productive of many real and very essential advantages to the said Corporation, by encouraging the peopling of it, and encreasing its Trade and Navigation. Your petitioners do not wish that any immediate advantage may be taken of failures or defaults already heretofore suffered, by noncompliance with the above mentioned Act, but that Public notice may be given to the proprietors of such unimproved Lotts, that a strict execution of the above mentioned Act of Assembly will be observed with all such as shall in future fail to perform fulfil and comply with the rules and directions therein set forth, And your petitioners &c.
| Philip Lipscomb | John Ferneyhough |
| R Welsh | Philip Ferneyhough |
| [Page 32] | |
| Edward Ferneyough | William Smock |
| John Hall | Alexander Kennedy |
| Simon Friensley | Joseph Berry |
| Zachariah Lucas | Michael Clark |
| John Brownlow | John McKenney |
| Laporte Galvan & Co. | Collin Frazer |
| Michael Robinson | William Porter |
| James Hackley | James Weir |
| John Mayfield | William Harvey |
| Richard Kenney | Thomas Walker |
| John Anderson | John Richards |
| Jessey Slaven | John Lowe |
| William Wiatt | John Hardia |
| Edward Simpson | Tully Whithurst |
| John Benson | David Henderson |
| John Baggott | James Allan |
| Robert Thomas | Larkin Smith |
| Edward Herndon | John Wallace |
| Jacob Whitler | Godlove Heiskell |
| William Zimmaman | William Blyth |
| Philip Evans | John Davis |
| William Hopson | James Heath |
| John Legg | Elisha Dickenson |
| James Jarvis | James Durand |
| Charles Gilbert | Henry Armistead |
| Christopher Donaly | Benjamin Maury |
| Daniel McCarty | |
| Charles Collins | |
| John Green | |
| William Smith | |
| William Jackson | |
| William Massey | |
| John Atkinson | |
| William Jenkins |
[Page 33]
Ordered that, notice be given to the Proprietors of unimproved Lotts within this Corporation by Advertisement in the Public News Papers that they immediately pay up the Taxes due on said Lotts within this Town and that they be informed that they must build on their unimproved Lotts agreeable to the Act of Assembly passed in One thousand seven hundred and Twenty seven for Establishing a Town in the County of Spotsylvania otherways the Lotts will be sold agreeable to the said Act
The Minutes of the preceeding Orders were signed by
Chs. Mortimer Mayor
Attest
Henry Armistead Clerk
At a Common Council held the fourth of September One thousand seven hundred and Eighty two
Present
| Chs. Mortimer | Thomas Brumfield | ) |
| William McWilliams | Thos. Miller | ) |
| James Somerville | John Welsh | ) Gent. |
| John Julian | and | ) |
| George Weedon | George French | ) |
Ordered that James Somerville Gent. Chamberlain of Accounts receive of the Subscribers to the Subscriptions for the repair of the Markett House the several sums of money by them subscribed, and he is hereby impowered to imploy some person to Collect the same allowing to the person p C for collecting the same -
[Page 34]
Ordered that William McWilliams, James Somerville Thomas Miller & John Welsh or any three of these agree and contract with some person for the repair of the Markett House, which the Contractor shall enter on so soon as the Chamberlain may have received a sufficient sum to make a payment -
The subscribers alluded to are as followeth-
We the Subscribers having a due sense of the great utility afforded the Country in general as well as the Inhabitants of the Town of Fredericksburg, by the Commodious situation of the Town House in said Town, which rendered accomodation, not only to Polite, and numerous Assemblies, by which youth were greatly benefited, but also to all sorts of Ancient and Modern Societies of Fellowship, and Viewing with regret the ruinous situation to which it is brought by the depredations of War. Do oblige ourselves to pay on demand the sums affixed to our Names towards the repairs of that useful building; the great expences attending the repairs of Streets Prisons, Court House Market Place &c are inducements to the Corporation to solicit subscriptions for this desirable purpose
| Persons Names | £ | s. |
| Gustavus Brown Wallace £10. Eliezer Callender £10 | £20 | |
| Jacob Whitler £2. John Benson £3 | 5 | |
| John Hardia £3 - Thomas Brown £2.2 – | 5 | 2 |
| William Stanard £2.8 - James Hackley £2.8 | 4 | 16 |
| Burges Ball £10 - John Lewis £5 | 15 | |
| John Hawkins £2.8 - A Waugh £3 | 5 | 8 |
| WiIliam Porter £3 – Mann Page £20 | 23 | |
| £78 | 6 | |
| [Page 35] | ||
| Amount Brought Up | £78 | 6 |
| William Fitzhugh £20 - John Mercer £5 | 25 | |
| Charles Carter £3 - Robert Forsyth £3 | 6 | |
| James Maury £10 - William Lewis £6 | 16 | |
| James Hunter £10 - George Weedon £5 | 15 | |
| John Lowe £6 - Fontaine Maury £2 | 8 | |
| John Thompson £5 - Larkin Smith £5 | 10 | |
| James Durand £2 - John Rose £5 | 7 | |
| Robert B. Chew £2.8 - Abram Maury £2.8 | 4 | 16 |
| John Welch £2 - William Dangerfield £10 | 12 | |
| Richard Brook £5 - Samuel Selden £10 | 15 | |
| John Baylor £20 - Charles Yates £9 | 29 | |
| William Wiatt £4 - John Anderson £3 | 7 | |
| Richard Kenney 1200 Feet of standing Scantling | ||
| John Richards £2.8 | 2 | 8 |
| Lacoste & Brumfield one Hogshead of Tobacco | ||
| £235 | 10 |
We the Subscribers, Members of the Fredericksburg Lodge, Oblige ourselves to pay the sums of Money Affixed to our Names respectively providing a right can be Obtained for the purpose of holding Lodges in the Market House of the said Town.
1782 June 20th
| Persons Names | £ | s. |
| Wiliam McWilliams.M. £10 - John Julian SW. £5 | £15 | |
| John Legg £3 - Samuel Roddey £6 | 9 | |
| Lac. Mackentosh £3 - David Galloway J. £4 | 7 | |
| Robert Forsyth £3 - Charles Mortimer £5 | 8 | |
| George Weedon £4 - Thomas Miller £3 | 7 | |
| James Heath £5 - William Lovely £1 | 6 | |
| Elisha Smith £3 - John Frazer £2 | 5 | |
| James Somerville £10 - John Hall £3 | 13 | |
| Benjamin Day £3 - Henry Armistead £5 | 8 | |
| James Weir, Secy £5 - John Willis £2.8 | 7 | 8 |
| Thomas Hughes £3 - William Harvey £3 | 6 | |
| £91 | 8 | |
| [Page 36] | ||
| Amount Brought Over | £91 | 8 |
| StrotherJones £2.8 - George French £5 | 7 | 8 |
| David Henderson £2.8 - Landon Carter 5£ to be paid in plank | 2 | 8 |
| Alexander Spotswood 4060 Feet Flouring Plank delivered at the Mill. | ||
| John Spotswood 2000 ditto to be delivered at the Mill | ||
| F. Thornton £2 - John Taliaferro £4 | 6 | |
| Lawrence Brook £7 - James Mercer £10 | 17 | |
| Thomas Thornton £3 - James Hunter £10 | 13 | |
| £137 | 4 |
Whereas, the Market House in the Corporation of Fredericksburg, being in need of very considerable repair, and there being no Fund within the power of the Corporation, and the abilities of the inhabitants of the Town being inadequate to a Tax for that purpose, the Lodge of Fredericksburg having proposed to contribute the sum of £137.4 & 6000 Feet of Plank agreeable to list annexed to this Ordinance towards those repairs, on condition the lodge be allowed the free use of the same for the purpose of holding Lodges - - - Be it Ordain'd by the Mayor Recorder and Commonalty that the Lodge of free and Accepted Masons of the Town of Fredericksburg in consideration of the premises be allowed the Free use of the uper Rooms of the Market House for the purpose of holding Lodges at any time and at all times for and during, the continuation of any regular Lodge of this Town - - -
The Clerk presented this Board with an Amendatory Act of Assembly of this Corporation as followeth - - -
An Extract from the Act "For incorporating the Town of Fredericksburg and for Other Purposes.
And be it farther enacted that the Jurisdiction of the Court of Hustings in the Town of Fredericksburg shall extend one Mile without and around the former limits of the said Town on the south side of Rappahannock River and shall have
[Page 37]
Power to hold Pleas in all cases originating within the limits before described in like manner and under such limitations as are directed and prescribed by the Act for incorporating the said Town. That the Court of Hustings in the said Town of Fredericksburg shall be and is hereby constituted a Court of Record and as such to receive Probate of Wills and Deeds and grant Administrations in as full and ample manner as the County Courts by law can or may do. Provided always and be it farther enacted that no Will shall be admitted to Proof or Record in the said Court nor shall the said Court grant Administration unless the Testator or Intestate as the case may be was resident within the limits of the Jurisdiction of the said Court at the time of his or her Death nor shall any Deed whereby Lands are conveyed be admitted to Proof or Record in the said Court unless such lands be within the limits as aforesaid. The said Court shall have power to appoint a Person skilled in the law to prosecute therein for the Commonwealth and to allow him a reasonable Salary for his Services to be levied annually, by the Corporation on the Inhabitants within the limits of the said Town and that the said Inhabitants shall hereafter be exempted from contributing towards paying any part of the salary of the Attorney for the Commonwealth in the Court of the said County of Spotsylvania.
A Copy John Beckley Clk HD
Ordered the same be Recorded
Test
Henry Armistead Clk
[Page 38]
At a Common Council held for the Town and Corporation of Fredericksburg the eleventh day of November 1782
Present
| Charles Mortimer | Samuel Roddey | ) |
| William McWilliams | George Weedon | ) |
| James Somerville | Thomas Miller | ) |
| James Taylor | Thomas Brumfield | ) Gent. |
| John Julian | John Welch & | ) |
| Charles Dick | George French | ) |
Ordered that all Wooden Chimnies within this Corporation be taken down, those on the main Street and Others, Contiguous to buildings on or before the twentieth day of December next and those more remote on or before the first day of May next, that the Sergeant make a Survey of the Town and direct such as shall be taken down on or before the 20th of December next should any person fail to comply with this Order, that he summon such force as will enable him to take them down and that the proprietors pay the expence-
It is requested of Thomas Miller Gent. that he cause the Fire Engine and Bucketts to be repaired and that the Inhabitants of this Town possessed of Bucketts be called on to produce them at the Market House on Saturday next at the Hour of three O'Clock, and that the Sergeant pay to him his account for such repairs -
Ordered that the Overseers of the Streets have the posts now in possession of John Ferneyhough be stored in some secure House.
Ordered that the Overseer of the Streets have the Order of this Council respecting the Steps and Cellar Covers carried into execution immediately, and such as are not agreeable thereto that he cause them to be pulled down.
[Page 39]
Ordered that the Port Master may demand and receive of all Vessels lying at the Public Wharf under twenty Ton one shilling p day twenty Ton and under fifty Ton two shillings p day, fifty Ton and upwards three Shillings p day, which shall be applied to the repair of the Wharf and deepening the Water. To be recovered by Warrant before a Magistrate - -
The Minutes of the preceding Orders Signed by
Charles Mortimer Mayr.
Test
Henry Armistead Clk