Council Minutes
City of Fredericksburg, Virginia
1809

At a Council held at the Town Hall January 2nd 1809

Present,
Richard Johnston, Mayor
Zach'y Lucas, Recorder
William Pearson, Common Councilman
Charles Wardell, Common Councilman
Charles Jones, Common Councilman
Joseph Walker, Common Councilman
Thomas S Johnston, Common Councilman
Horace Marshall, Common Councilman
David Almond, Common Councilman
Adam Cooke, Common Councilman
Henry White, Common Councilman

On motion Ordered that Richard Johnston be directed to draw on the Chamberlain for the amount of a Fire Engine with all expences attending the conveying the same to this place & remit the same to Phila

Ordered that the Chamberlain pay to William Taylor exor of Thomas Miller dec'd $111.57 cents recovered the County Court of Spotsylvania by the said Exor. against the Mayor &c of Fredericksburg

Order that the Sergeant of this Corporation take a man by the name of Samuel Rawlins from on board the Schooner Virginia Captain Thomas Polk and carry him to the public Magazine where he is directed to furnish him with whatever may be necessary the expence of which is to be paid by the Corporation

[Page 116]

Ordered that the men on board the said Shooner Virginia be allowed to land under the superintendance of the Sergeant of the Corporation agreeable to a Certificate from Doctor Geo French

Ordered that the Chamberlain pay to John Mille & Seth Spencer $1.25 each for standing guard over the said Shooner Virginia while the man who had the small Pox remained on board

Ordered the Chamberlain pay Captain John James two dollars for the freight of a large Bell from New York in 1804

Rich'd Johnston
R S Chew C C

At a Council held for the Town and Corporation of Fred'g Thursday the 12th day of January 1809

Present,
Richard Johnston, Mayor
Zach'y Lucas, Recorder
Thomas S Johnston, Common Councilman
William Pearson, Common Councilman
David Almond, Common Councilman
Horace Marshall, Common Councilman
Charles Wardell, Common Councilman
Joseph Walker, Common Councilman
Adam Cooke, Common Councilman
Henry White, Common Councilman

It appearing to the board that a man of the name of Snow now in the House of Captain Thomas Taylor is attached with the Symptoms of the Small Pox, It is Ordered that the Sergeant cause him to be removed to the poor House as soon as possible and that the Steward be requested to take all possible care of the said Snow and procure such necessaries as his situation may require the expences of which is to be paid by the Corporation

On motion made Ord'd that the Law heretofore made directing that all Whisky brought to this Markett should undergo an Inspection be and the same is hereby repealed

Charles Jones being summoned to attend Council this day and failing to do so it is Ordered that he be fined $5 unless he shew cause to the contrary at the next Council

R'd Johnston
R S Chew, C C

[Page 117]

At a council held at the Town Hall on Wednesday the 15th day of March 1809

Pres't,
Richard Johnston, Mayor
Thomas S Johnston, Common Councilman
William Pearson, Common Councilman
Adam Cooke, Common Councilman
Charles Jones, Common Councilman
Horace Marshall, Common Councilman
Henry White, Common Councilman
Jos Walker, Common Councilman
Chas Wardell, Common Councilman

The Council proceeded to allow the following accounts against the Corporation and It is ordered that the Chamberlain pay the same.

To William Jackson p a/c for atten'cd &c on Snow in the small pox $59.90
To Timothy Green pr account 24.00
To Bartholomew Fuller pr a/c 3.00
To George French pr a/c 27.42
To James Carmichael pr a/c 41.08
To James Carmichael for costs of suit 10.00
To Robert Wellford pr a/c $52.68
To Robert Wellford for costs of two suits 20.00 72.68
To William Jackson pr a/c 18.38
To Robert Hening attorney his salary 66.67
To Robert Hening pr bill 17.22
To Robert S Chew clk bal of his accounts 111.45
To Richard Johnston for rent of Poor House 150.00
To William Jackson Sergeant for public services 50.00
To Gerrard McKenny constable for public services 20.00
To Charles Steward constable for public services 30.00
To John Chewning constable for public services 10.00
To James Beck pr a/c 27.75
[Total] $733.55

Ordered that the sergeant of this Corporation give John Victor credit for $1 which appears to be improperly charged him on his tax account for the last year

The Committee appointed to revise the bye laws of the Corporation this day presented the following ordinances viz't "an ordinance to prevent encroachments on & obstructions in the streets" and ordinance against Sabbath breaking" an Ordinance respecting nuisances" An ordinance to amend the several Ordinances for securing the Town against fire" which ordinances were severally read and approved and ordered to be Recorded. Which Ordinances are in the following words

"An ordinance to amend the several ordinances respecting the erection of buildings and inclosing unimproved Lotts in the Town of Fredericksburg. Section 1st To prevent irregular building and guard against further encroachments upon and obstructions in the streets by persons inclosing unimproved lotts, erecting new Houses or extending or removing old ones, Be it Ordered by the Mayor Recorder and Common Councilmen of the Town of Fredericksburg [Page 118] and it is hereby ordained by the authority of the same That when any person or persons shall hereafter enclose any unimproved lott or square, erect any new building, or remove or extend an old building within the boundary lines of the Town of Fredericksburg; He, she, or they previous to the inclosure , erection, or extension or removal, shall give reasonable notice of such intention to the Surveyor or Geographer of this Corporation specifying the time and place when and where such inclosure or Building is to be put up, erected, extended or removed; and it shall be the acct of the Geographer of this Corporation when thereunto required, to attend at the time and place and then and there ascertain and distinctly mark the line and range of the street or streets where such inclosure is to be put up, Building erected, extended or removed to, he the said Geographer being always governed therein by the actual Survey made therein by Bartholomew Fuller the present Geographer of the Corporation, a platt whereof is deposited in the Clerks Office

Second, And if any person or persons shall hereafter inclose any vacant lott or square, erect any new building, or extend or remove any old Building within the Corporation, without calling on the Geographer and having the line or lines of the Street or Streets bounding the same previously asscertained and distinctly marked by him when such inclosure is to be put up, House erected extended, or removed to, he, she, or they so neglecting, shall on conviction thereof before any magistrate of this Corporation forfeit and pay $20 with costs which fine shall be recovered by warrant on information being lodged by the Geographer of the Corporation, One half to use of the Corporation and the other moiety to the informer

Third, The Mayor for this Corporation for the time being on receiving information from the Geographer or any other person or persons that any unimproved lot or square within this Town has been inclosed, or any new house built extended or removed on any improved or unimproved Lott or square with the town without his or their agent having previously had the boundaries or line of the streets bounding the same ascertained and marked by the Geographer of the Corporation as proscribed in the 1st section of this ordinance shall and may direct the Geographer immediately to survey and ascertain whether such inclosure or building does or does not obstruct or incroach upon any of the Streets of the Town; If such inclosure or building does incroach on or obstruct any part of any of the streets of the Town then and in that case it shall be the Duty of the Mayor to furnish the States Attorney for the Corporation with the Geographers report and direct a prosecution by indictment at the next Quarterly Court of Hustings

Fourth, All prosecution by indictment under this ordinance shall be prosecuted and appropriated in manner prescribed by the Laws of the State

[Page 119]

Fifth, All surveys made by the Geographer by direction of the mayor or under the 4th section of this ordinance shall be at the expence of the owner or owners of the square, lott, or ground so surveyed, or his, her, or their agent as the case may be; and recovered by the Geographer by warrant before any magistrate of this Corporation.

Sixth, The Geographer of this Corporation, or any Geographer who shall or may hereafter be legally appointed within the same, shall be intitled to and may receive the following Fees for services performed under this Ordinance Viz't For ascertaining the range of one street and distinctly marking on the line thereof where any inclosure is to be put up, House extended erected or removed to $2; for performing the same duty on two streets $3; on three Streets $4; and on four Streets $4.66 provided the same be done or required to be done at the same time and for the same person or persons and on the same square, otherwise he shall be entitled to demand and receive $2 for each line by him so surveyed and marked, and if any Geographer of this Corporation shall at any time charge more than the aforesaid mentioned rates, or refuse or fail to attend at the time and place for the purpose of performing the duties prescribed him in the 1st section of this Ordinance when thereunto required by a written or verbal notice duly proven he shall on complaint lodged with any magistrate of this Corporation on conviction thereof forfeit and pay to the use of complainent the sum of $18 to be recovered by warrant with costs.

Seventh, This ordinance or any part thereof shall not be so construed as to render it necessary or compel any person or persons to call upon the Geographer of the Corporation when building any house or putting up any inclosure in the interior part of his her or their lot or putting up a new inclosure or repairing an old one on an improved lott or square provided the corners of any such Lott or square has been previously built on

Eighth, All ordinances and parts of ordinances coming within the purview of this Ordinance is hereby repealed

Ninth, This ordinance shall commerce and be in force from and after the passing thereof."

Whereas the several ordinances heretofore made to prevent carts waggons and drays from working on Sundays, and Merchants & shop keepers from keeping their stores and shops open on the Sabbath day have been insufficient to answer the purpose intended.

Be it ordained by the Mayor Recorder and Common Councilmen of the Corporation of Fredericksburg and it is hereby Ordained by the authority of the same

Section 1st, That if any Merchant shop keeper or retailer of [Page 120]

Merchandise residing within the corporation of Fredericksburg shall hereafter be guilty of keeping his her or their stores or shops open on sabbath day after the hour of 10 O'clock in the forenoon he she or they for every such offence shall on conviction thereof forfeit and pay five dollars and costs of warrant

Second, And be it further ordained that if any Dray Cart or Waggon be found working on a Sabbath (except on occasions of necessity) The owner or driver thereof shall forfeit and pay the sum of $3 for every such offence and every person or persons imploying the same shall forfeit and pay the like sum of $3

Third, All fines under this ordinance shall be paid one half to the Chamberlain for the benefit of the Corporation and the other moiety to the informer

Fourth, Any magistrate of this Corporation may upon their own view, or upon information given them issue a warrant to bring the person or persons offending under this ordinance before him or them as the case may be, specifying in such warrant the value of the offence, and the time and place of trial

Fifth, All ordinances coming within purview of this ordinance is hereby repealed

Sixth, This Ordinance shall commence and be in force from and after the passing thereof

An ordinance to amend the several ordinances respecting nuisances, Be it ordained &c

Section 1st, All dead horses, cattle, or other animals dying within this corporation shall be immediately removed and either sunk in the river below low water mark, or buried under the surface of the earth under the penalty of three dollars to be forfeited and paid with costs by the owner or person in whose possession they were at the time of their death. And be it further ordained that if it shall appear in evidence that such owner or other person imploying any person or persons to remove the same and after removal they fail to sink or bury it as this Ordinance directs he or they so failing shall forfeit and pay $3 & costs or if a slave receive fifteen lashes at the public whipping post

2d, Any Inhabitant of this Corporation who shall remove or suffer to be removed out of his her or their Lott any dung or other filth and throw or suffer the same to be thrown into any of the streets of the Town, shall forfeit and pay $1 for every such offence and shall moreover forfeit and pay the sum of $3 for each day he she or they shall suffer such nuisance to remain in the streets after notice being duly given him her or them to remove the same by any magistrate of this Corporation or any other person or persons appointed and authorized by this Board

3rd, Any magistrate of this Corporation shall & may upon his own view, or on information given him issue his warrant [Page 121] summoning the party or parties offending under this ordinance to appear before them, specifying in said warrant the offence and time and place of trial

4th, All fines under this ordinance shall be paid into the hands of the Chamberlain for the benefit of the Corporation

5th All ordinances and parts of ordinances coming within the purview of this ordinance si hereby repealed

6th, This ordinance shall be in force from the date thereof"

An ordinance to amend the several ordinances respecting stoves, and chimnies, and for the removal of shavings from buildings and for the preventing Fire being carried through tthe streets

1st, Whereas the lives and property of the inhabitants of this town are frequently endangered by the in attention of careless house keepers and others unmindful of the calamities so frequently experienced from the dreadfull effects of accidental Fire; and whereas the several precautionary Regulations and ordinances heretofore made by this board have been found insufficient, Be it ordained by the Mayor Recorder and Common Councilmen of the Corporation of Fredericksburg, and it is hereby ordained by the authority of the same that all stoves now set up or which may be hereafter set up in this corporation shall have their pipe conveyed into a stone or brick chimney and be otherwise so secured as to be safe from the danger of communicating Fire either to the building in which it is erected or to any adjacent building

2d, Any magistrate of this corporation upon receiving information from two or more repectable persons that any stove or stoves in tehir Square or neighborhood is set up and used without being secured as directed in this ordinance, shall immediately issue his warrant summoning the proprietor of such stove to appear before him, who upon conviction thereof shall forfeit and pay the sum of $10 and costs and be moreover subject to the payment of $5 and costs for every day his her or their stove shall be afterwards used without being secured and fixed as the first section of this ordinance directs

3rd, And be it further ordained that if any inhabitant of this corporation shall fire his, her or their chimney or chimnies in fair and dry weather or suffer his her or their chimney to catch fire in fair and dry weather he she or they shall on conviction thereof before any magistrate of this corporation forfeit & pay $5 and costs

4, And be it further ordained that every person or persons now building or who may hereafter build within this Town shall every day whilst such Building is carrying on remove or cause to be removed to some place of safety, all chips or shavingsor other dangerous combustible before the close of each Day under the penalty of five dollars for each day they remain unremoved; to be forfeited and paid on conviction thereof by the owner of such Building, if Inhabitant of this corporation, and in case the [Page 122] owner is not an inhabitant of the corporation, then and in that case the fine shall be forfeited and paid by the agnet or undertaker of the building

5th, And be it further ordained that any person or persons guilty of carrying Fire about the streets of this town in dry and windy weather without having the same secured under cover shall on conviction thereof before any magistrate of this corporation forfeit and pay one dollar for every such offence if a free person and if a slave shall receive 12 lashes at the public whipping post, unless hsi or her owner pays said Fine

6th, Any magistrate of this corporation on his own view or upon receiving information may and shall issue his warrant against any person or persons offending under this ordinance expressing in said warrant the offence and time and place of trial

7th, All fines and penalties under this Ordinance shall be appropriated to the use of this corporation and paid into the hands of the Chamberlain

8th, All ordinances within the purview of this ordinance is and shall be hereby repealed

9th, This ordinance shall be in force from and after passing the same

On Motion made and seconded, It was ordered that fifty copies of the Bye law of the Corpo be published for the use of the Corpo

Ordered that George W B Spooner, Adam Cooke, Horace Marshall Robert S Chew and Charles Jones or any 3 of them do examine the accounts of Thomas S Johnston Chamberlain & William Jackson, Sergeant of the Corpo and make report to the next council

Charles Jones is excused for his non attendance at the last council

An abridgement of the Bye Laws of the Corpo was returned by the Committee which was appointed by the Council

On motion made and Seconded, Ordered that the Chamberlain pay to George W B Spooner & Robert S Chew the sum of $20 each for their services in revising the bye Laws of the Corpo

Rich'd Johnston
Attest R S Chew C C

At a Council held a the Town Hall on Monday the 20 day of March 1809

Pres't,
Richard Johnston, Mayor
Zach'y Lucas, Recorder
Thomas S Johnston, Common Councilman
Horace Marshall, Common Councilman
Charles Jones, Common Councilman
Chas Wardell, Common Councilman
Adam Cooke, Common Councilman
Henry White, Common Councilman

The Committee appointed to settle the accounting of Thos S Johnston

[Page 123]

Chamberlain, made their report that the sd a/c is correctly state and supported by proper vouchers andthat the balance of $42.42 is due to the Corporation and that the said account and report be published in the Virginia Herald

The committee appointed to examine the account of William Jackson Sergeant of the Corpo this day returned the same which appears to be balanced & is ordered to be recorded

Rich'd Johnson

March 20th 1809

This being the day appointed by Law for the Election of 12 persons to serve the Corpo of Fredericksburg as Mayor, Recorder and Common Councilmen for one year, The freeholders and house keepers being notified thereof met at the Town Hall and having deposited their ballots in the ballot box, upon examination thereof, the greatest number of votes were found to be favour of the following persons viz't.

Joseph Walker 106
Adam Cooke 101
Philip Terrier 99
Wm Pearson 96
Chas L Carter 88
George French 80
Jno Mundell 74
Horace Marshall 69
John Scott 64
Alex'r Walker 64
William Allen 57
David Almond 55

Which persons were duly Elected

Adjourned till tomorrow morning 9 O'clock

Rich'd Johnston

At a Council held by adjournment on Tuesday the 21st of March 1809,

Pres't
Joseph Walker
Adam Cooke
Philip Terrier
George French
Horace Marshall
John Scott
Alexander Walker
William Allen
David Almond
& John Mundell who were duly qualified

The Council proceeded to the choice of a mayor when George French was unanimously elected and duly qualified according to Law

They then proceeded to the choice of recorder when Charles L Carter was elected

Horace Marshall is Elected chamberlain in this corporation [Page 124] the present year who qualified accordingly & it is ordered that he give bond & security in the penalty of $5000 at the next Council and it is Ordered that he receive the sum of $30 for his services

Robert S Chew is unanimously elected Clerk of the Council the present year

Bartholomew Fuller is reappointed Geographer in this Corp'n the present year

Adam Darby is reappointed Gauger in the Corp'n the present year

Birkett Bowen is elected Measurer of Coal & Salt the present year ord'd that he qualify before a magistrate immediately

John Scott, John Mundell & William Pearson are appointed Trustees of the Market House the present year and also to rent out the County wharf & to take care of the fire hooks ladders & Engine

David Almond, Jos Walker, & Philip Terrier are appointed to superintend the pumps for the present year & they are authorized to draw on the Chamberlain for what money may be necessary for that purpose

Jno Mundell, Philip Terrier & William Pearson are appointed to examine the hay scales and have them put in good Order and also to rent them out upon the best terms they can

George Welch is elected Clerk of the Market the present year who qualified accordingly & is ordered that he receive the sum of one hundred dollars for his services

Timo Green is appointed printer for the purpose of printing the orders &c of the Council for which he is to receive the sum of $24

Ordered that the mayor do affix the assize of Bread from time to time as he shall see cause

George W B Spooner is app'd Commr for ascertaining the taxable property in the Corpo the present year & it is ordered that he lay the same before the next Council

Adj'd
Geo French

At a Council held at the Town Hall on Saturday the 22d day of April 1809

Pres't
George French, Mayor
Horace Marshall, Common Councilman
John Mundell, Common Councilman
William Pearson, Common Councilman
Philip Terrier, Common Councilman
John Scott, Common Councilman
William Allen, Common Councilman
Adam Cooke, Common Councilman
David Almond, Common Councilman
Alex'r Walker, Common Councilman

Horace Marshall entered into and acknowledged bond with security as chamberlain for the present year, which is ordered to be filed.

[Page 125]

Resolved the following taxes be paid by the Inhabitants of this Corpo and others owning property within the same to wit; One all improved Lotts 8 pr cent on the amount of rents thereof on all free males above the age of 16 years and on all slaves above the age of 12 years $1, On all drays and carts owned and worked within the Corpo $5, on all waggons owned and worked within the same $8 each, on all pleasure carriages $1 pr wheel, on all horses mares mules and colts $1 each, on all stud horses the price of Covering a mare by the season, All persons carrying on or exercising the trade or occupation of auctioneers within the Limits of the Corporation shall pay $5 pr ct to this Corporation on the amount of their Commissions on all sales made at public auction for which purpose they shall render an account of their Commissions to this board where thereunto required, all Exhibitors of Theatrical performances, Rope Dancers &c who shall or may be authorized to exhibit within this Corporation shall pay to the Chamberlain $5 for each night they exhibit, to be collected and accounted for according tothe ordinance of the Corpo respecting the revenue

It is orderred the sum of $750 be paid into the hands of the Chamberlain for the use of the poor establishment and the same be subject to the orders of the inspectors of the poor House, and overseers of the poor from time to time to be drawn in favour of the Steward or of poor persons

It is ordered that George French and Horace Marshall be authorised to obtain from the office discount and deposit of Fred'g the sum of $200 to be paid towards the support of the poor of this Corporation and to the discharge of the debt now due by the Corporation and that the said sum be paid to the Bank out of the first money that may come into the hands of the Chamberlain

James Beck is appointed to keep the fire engines in order for the present year to keep the water hogsheads continually filled and also to keep the fire axes, hooks &c in proper order for which he is to receive the sum of Forty Dollars

Horace Marshall, Philip Terrier & Alexander Walker, are appointed a committee to agree with Captain Parrott for filling up the Wharf Lately built by the Corporation, upon the best terms they can

Geo French
Attest R S Chew, C C

[Page 126]

At a Council held at the Town Hall on Saturday the 10th day of June 1809

Pres't
George French, Mayor
David Almond, Common Councilman
Horace Marshall, Common Councilman
William Pearson, Common Councilman
William Allen, Common Councilman
Joseph Walker, Common Councilman
John Scott, Common Councilman

Charles L Carter, qualified as recorder according to Law
Present Charles L Carter

John W Green, Charles L Carter, John Scott and William Allen are appointed a Committee to settle the account of John Minor against the Corporation of Fred'g and make report thereof to the Council

George W B Spooner, Com'r of the revenue in this Corpo having returned his books of Taxable property under the Ordinance respecting the revenue. It is ordered the Chamberlain pay to the said Com'r the sum of $30 for his Service

The amount of Land and Property tax agreeable to the Commissioners return made this day is as follows.

Amt of Land tax $1189.27
Amt of Property tax $1135.00
Total $2324.27

Thomas S Johnson former Chamberlain this day returned to the Council a Replevy Bono given by Hay Battaile and Phil Samuel to Richard Johnston assee is by Order delivered to Horace Marshall the present Chamberlain

Geo French

(see folio 93) An ordinance to amend the several ordinances establishing a market in the Corporation of Fredericksburg regulating the same, appointing a clerk and prescribing his duties. Sect'n 1st, Be it ordained by the Mayor, Recorder and Common Councilmen of the Corporation of Fredericksburg and it is hereby ordained by the authority of the same; That all public markets be held at the Market House every day in the week, and continue open from daylight until 9 o'clock in the forenoon, from the 1st of April until the 1st of September adn from daylight until 10 o'clock from the 1st of September until the 1st of April in each Year.

Sec't 2nd All kinds of meats, butter and poultry, shall be brought unto the market house and there exposed for sale; and all kinds of Fish shall be exposed for sale of the Market Square in the open area at the back of the Market House, under the penalty of one dollar for every offence, to be forfeited and paid by the person or persons acting contrary to this regulation (after due notice being given them by the clerk of the Market) by warrant before any magistratet of this Corporation and appropriated to the uses of the Town

[Page 127]

Sec't 3d, The Clerk of the Market now appointed, or that may hereafter be appointed shall be sworn to execute his office impartially; in whose care shall be deposited the standard weights and measures belonging to the Corporation, whose duty it shall be to adjust the weights and measures in use throughout the Town for which purpose he shall call on the merchants and shop keepers at least once in each year under the penalty of Seventy dollars to be recovered by warrant, one half to the informer and the other half to the Corporation; and any merchant or shop keeper who shall refuse or fail to produce all his or their weights and measures used for the purpose of retail or whole sale when required by him for adjustment shall forfeit and pay the sum of ten dollars to be recovered by warrant, one half to the informer and the other half for the benefit of the Corporation

Sec't 4th, The said Clerk of the market is empowered adn it shall be his duty to inspect the quality of all provisions brought into public market during market hours and condemn such as are unsound or unwholesome first calling on a magistrate whose opinion shall be had before condemnation, and being so condemned shall be either burnt, thrown into the river, or otherwise disposed of agreeable to the Judgment of said Magistrate

Sec't 5th All provisions brought to market for sale of fraudulent weights or falsely packed shall be forfeited and immediately sold for the benefit of the Town

Sec't 6th No article of provision during market house shall be sold or offered for sale in any part of the Corporation, or within the Jurisdiction thereof except at the public market house under the penalty of forfeiting the article or articles so offered and sold or the value thereof; to be forefeited and piad by the person selling the same on conviction before a magistrate, and applied to the use of the the Town; Provided always that nothing in this ordinance shall extend to live cattle, pork, butter, or lard in kegs, cheese, oysters, biscuit, baker's bread, or any articles of provisions which have been exposed at the market and may remain unsold at the expiration of market hours

Sec't 7th, There shall be a certain part of the stalls in the market house set aside by the Clerk of the Market under the direction of the Trustees of the Market House and appropriated to the use of the public and it shall be the duty of the clerk of the market to fix up his scales and weights in some convenient place adjacent to the said stalls, and attend market every morning from daylight until the expiration of market hours for the purpose of keeping good order and regulations therein, and demanding and receiving the following tax viz't upon every carcass of beeef brought into market & sold 25 cents; upon every carcass of veal, mutton, or hogg 12 cents, for each & every carcass of lamb & shoat 6 cents and for [Page 128] Every pound of Butter, one cent per pound: which tax shall be paid to the Clerk of the Market by the owner or seller thereof (unless the said owner or seller be a butcher regularly licensed to exercize the trade or occupation of a butcher within this Corporation) and the clerk of the market shall account with & pay to the Chamberlain the amount of said Tax monthly deducting therefrom 10 pr cent for his trouble.

Sec't 8th The residue of the stalls or stands not appropriate to the use of the public shall be annually rented out by the trustees of the Market House to the highest bidder at twelve months credit and the highest bidder upon giving bond anad approved security shall be entitled to the sale privilege and use o fthe stall or stalls so rented to him for and during the term of twelve months.

Sec't 9th All articles of provision usually sold at market by weight by retail, shall be weighed in scales any person convicted of selling by any other mode of weighing shall forfeit and pay one dollar for each offence to the use of the Corporation

Sec't 10th And in order to prevent forestalling and engrossing be it further ordained that if any person or persons whatsoever shall purchase any article of provisions in any other place within this corporation excepting at the public market during the market houses, except such articles as are before excepted in the 6th Section of this ordinance, he or she so offending shall forfeit and pay the value of the articles so purchased for the first offence, and double the value thereof for every after & in case he or she so offending shall be a slave they shall receive 20 lashes on their bare back at the public whipping post unless the master or owner pays the penalty And should any person or persons so guilty of purchasing and ingrossing any article of provisions in market during market hours or on the Market Square and afterwards selling the same at an advanced price he or she upon conviction thereof before a magistrate shall forfeit and pay double the value for the first offence and four fold for every offence after, one half to the informer and the other half to the Corporation; or if a slave he or she so offending shall upon conviction before a magistrate receive twenty five lashes on their bare backs at the public whipping post, unless the master or owner pays the penalty

Sec't 11 Whereas great inconvenience and impositions have been experienced by the citizens of this Corporation in consequence of there being no public sscales for weighing of Hay and fodder and whereas the Corporation have lately been at considerable expence in erecting scale on the market square for weighing all hay and fodder brought to market; be it ordained that all hay and fodder delivered and sold to any person residing in this Corporation, shall be weighed by the [Page 129] Clerk of the market in the Public Hay scales, who shall issue a note to the owner signed with his signature expressing the quantity of hay, fodder, the owner's name and the date when weighed, for which he shall receive from the owner three center for every hundred pounds weight of nett hay or fodder; and it shall be the duty of the said Clerk to keep a record thereof and pay the amount received into the hands of the chamberlain monthly, deducting 10 per cent for his trouble, and if any person shall hereafter sell adn deliver to any inhabitants of this Corporation any hay fodder or any other long forage usually sold by weight without weighing the same on the Public hay scales he or she so offending shall forfeit and pay twenty dollars for each offence, and any inhabitants who shall purchase and receive any hay or fodder otherwise than by the Clerks certificate shall for every such offence forfeit and pay the like sum of Twenty dollars to be recovered by warrant before any magistrate of this Corporation one half to the use of the Corporation and the other half to the use of the informer

Sec't 12 This ordinance shall commence adn be in force from and after the 10th day of October ensuing

Sec't 13th All ordinances and parts of ordinances coming within the purview of this ordinance are hereby repealed

An ordinance respecting Drays, Waggons and Carts worked in this Corporation and used in carrying produce and merchandise from or to the wharves or carrying merchandise and produce from or to any store or warehouse within the jurisdiction of this Corporation

Sec't 1st Be it ordained by the Mayor, Recorder and Common Councilmen of the Corporation of Fredericksburg, and it is hereby Ordained by the authority of the same, that all and every person or persons now owning and running or tha may hereafter own and run any dray, cart or waggon and use the same within the Corporation of Fredericksburg in carrying produce merchandise from any store or warehouse to the wharves or from the wharves to any store or ware house in this town, or run the same for any purposes whatever for hire shall obtain a licence from the Commissioner of this Corporation and it shall be the duty of the said Commissioner to grant a license to any person or persons applying for the saem upon their producing to him the receipt of the Sergeant or collector of this Corporation for $5 if for a cart or Dray, or $8 if for a waggon and giving bond and approved security for the sum of three hundred dollars payable to the Mayor for the Time being, to secure and make good any damage which may be sustained through their movers, by any person or [Page 130] persons employing such dray, cart or waggon, which licence shall authorise the owner or proprietor of such dray, cart or waggon, to run the same within the Jurisdiction of this Corporation for and during the term of twelve months and if any person or persons shall presume to run any dray, cart or waggon and employ the same in carrying of produce or mechandise from any store or ware house in this Town to any of the wharves, or from any of the wharves to any store or warehouse within the Jurisdiction of this corporation without first obtaining a licence and giving bond as directed in this ordinance he she or they shall forfeit and pay to the use of the Corporation fifty dollars to be recovered in the Corporation court by the Commissioner on ten days previous notice; which licences and fines the Commissioner shall annually in his books return a list the Chamberlain on or before the 1st day of May in each year, specifying the names of the persons and the number of their dray, cart or waggon, which shall be evidence whereupon to charge the Sergeant or Collector.

Sec't 2 The said licenses (after the present year) shall be taken out previous to the 1st day of April in every year and shall be good and effective for and during the term of one year thereafter and if any dray waggon or cart should commence running in any year between the 1st day of April and the same day in the following years, the Tax shall be apportioned according to the time then to come of one year and its amount shall be specified in the licence and in the Commissioners return.

Sec't 3rd Every Dray Cart or waggon employed in carrying merchandise or produce from or to the wharves or from one store or warehouse to another within the Corporation shall be numbered under the direction of the Commissioner and the number marked at the expence of the owner on some conspicuous part of each dray, cart or waggon, and also inserted by the Commissioner in the respective licence And any owner of a Cart Dray or Waggon failing to attend or send his or her dray cart or waggon at the time and place appointed by the Commissioner for the purpose of being numbered, shall forfeit and pay the sum of five dollars to be recovered by warrant before any magistrate of this corporation in the name of the Commissioner and appropriated to the use of the Corporation

Sec't 4th Every Dray or Cartman may demand and shall be intitled to receive twenty five cents for each load he may carry to or from the lower wharf commonly called Glassels Wharf; Twenty five cents for each load he may carry to or from Somerville's wharf or any of the other wharves situated betwixt that & the lower [Page 131] wharf and seventeen cents for each load from or to the County wharf; and every waggoner carrying a load from or to any of the said wharves shall be intitled to receive double the said rates and if any waggoner, cart or drayman shall demand and receive more than the rates here specified the owner of every such Waggon, cart or dray upon conviction thereof before a magistrate, shall forfeit and pay to the informer one dollar

Sec't 5 Any Drayman, Cartman or waggoner usually running for hire who shall refuse to take in a load for any person when standing in the streets or on the wharves unengaged, or who shall refuse workign their drays, carts or waggons at the prices specified in the proceeding section, shall forfeit and pay to the use of the informer the sum of one dollard on conviction thereof before a magistrate

Sec't 6 Any drayman cartman or waggoner who shall drive his or their dray cart or waggon along any of the Streets of this Corporation faster than a walk, or who shall absent himself from his dray cart or waggon whilst passing along any of the the streets he or they so offending shall forfeit and pay to the informer one dollar on conviction thereof before any magistrate of this Corporation

Sec't 7 Nothing in this ordinance shall be so construed as to subject any owner of a Dray, Cart or waggon who has paid a Tax thereon for the present year to the payment of any further sum thereon until the 1st of April ensuing but he she or they shall be entitled a licence from the from the Commissioner, or presenting the receipt of the Sergeant for the present year's tax and complying with the other requisitions of this ordinance

Sec't 8 The Commissioner upon making his annual return shall be entitled to receive from the Chamberlain of this Corporation fifty cents for each licence issued by him

Sec't 9th All Ordinances and parts of ordinances coming within the purview of this ordinance is hereby repealed

Sec't 10th This Ordinance shall be in force upon and after the 10th day of October eighteeen hundred & seven.

[Page 132]

At a Council held at the Town Hall on Tuesday the 18th day of July 1809

Pres't
George French, Mayor
Horace Marshall, Councilman
David Almond, Councilman
John Scott, Councilman
Adam Cooke, Councilman
William Pearson, Councilman
Alexander Walker, Councilman
William Allen, Councilman

Ordered that the Sergeant of this Corporation give R'd Wellford credit for $4 which appears to be improperly charged him in his Tax a/c

Ordered that the Sergeant of this Corporation give William Barker credit for $4 which appears to be improperly charged him in his Tax a/c

Ordered that the Sergeant of this Corporation give Adam Cooke credit for $1 which appears to be improperly charged him in his Tax a/c

Alexander Walker, Horace Marshall, Charles L Carter and Adam Cooke or any two of them are appointed a Committee to employ any person as they shall think fit to take the management of repairing the streets in this Corporation and that the repairs shall not exceed the sum of $500 and that the said Committee do examine the situation of Princess Ann Street and make report to the next Council

(Signed)
Geo French

At a Council held at the Town Hall on Tuesday the 8th day of August 1809

Pres't
George French, Mayor
Charles L Carter, Recorder
Alexander Walker, Councilman
Adam Cooke, Councilman
John Mundell, Councilman
William Pearson, Councilman
Philip Terrier, Councilman
William Allen, Councilman
John Scott, Councilman
David Almond, Councilman

George W B Spooner and Robert S Chew who were appointed to abridge the Bye Laws of this Corporation this day returned their report and it is ordered that Adam Cooke, Wm Allen, John Scott, Alexander Walker, John Mundell and William Pearson, be appointed a Committee to examine the same [Page 133] and make report thereof to the next Council

Ordered that no person shall be supported by the Corporation unless they be at the poor house, except by an order of this Council

(Signed)
Geo French

At a Council held at the Town Hall on Saturday the 19th day of August 1809

Pres't
George French, Mayor
Charles L Carter, Recorder
William Pearson, Common Councilman
John Mundell, Common Councilman
Philip Terrier, Common Councilman
William Allen, Common Councilman
Horace Marshall, Common Councilman
John Scott, Common Councilman
David Almond, Common Councilman

The Committee appointed to examine and correct the abridgement of the Bye Laws of this Corporation made by George W B Spooner and Robert S Chew this day made their report in these words "the Committee appointed to examine the Bye Laws, Ordinances and regulations of the Corporation and report to Council such alterations and amendments as might appear necessary met at the Market House on Tuesday the 15th of August 1809 and afer mature consideration respectfully report

That in their opinions the present penalty for driving a waggon against the posts in the streets and breaking or injuring the same is excessive and ought to be reduced to one dollar or ten lashes if by a slave

It appears expedient and necessary to invest the person now renting the public Hay scales under a late regulation of Council with the same privileges and powers and to require from him the performance of the same duties as was given to and required of the Clerk of the Hay scales by the ordinance establishing the same

It appearing that a difference of opinion exists respecting what description of drays carts & waggons worked in the Corporation are subject to taxation under the existing ordinance; they have taken the subject under their consideration and are unanimously of opinion [Page 134] that all drays carts & waggons employed in carrying produce or merchandise from any store or ware house in this town to any of the wharves or from any of the wharves to any store or warehosue in this Town ought to be subject to the tax imposed by said ordinance. They recommend an explanatory ordinance being passed to that effect

The distance cellar doors are allowed to extend into the street is not sufficient, they recommend they should be permitted to extend 3 feet 6 inches into the footway away from the line of the streets

The price allowed the coal measurer for attending the measuring pit coals appears to be too high either for the value of the article or thet servicese of the measurer. it is therefore recommended that his fees be reduced to 25 cents pr 100 bushells and that the purchaser pay the same

In their opinion it is advisable the following fines should be made payable to the informant only viz't

On Waggoners driving their waggons in the streets faster than a walk

And on persons straining horses in the streets

They likewise recommend the repeal of the following ordinances viz't

An ordinance for preventing of unlawful assembling of slaves and the Inhabitants of this Town from dealing with such was presented and is as follows to wit

Whereas it is absolutely necessary that the most effective methods should be taken to present all negroes or slaves from unlawfully assembling within the Town and Corporation of Fredericksburg and for detecting and punishing thetir secret dealings with the Inhabitants

Be it ordained by the mayor Recorder aldermen & 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 hours of two 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 whipping post

And be it further ordained that any servant or slave belonging to the Town and Corporation that may be found [Page 35] dealing either with the servants or slaves of the Town and County, gaming or riotiously assembling shall (being convicted thereof before a magistrate) receive on his or her bar back a number of lashes not exceeding thirty nine well laid on at the public whipping post for every such offence

And be it further ordained that if any white person free negro or mulatto shall be found in Company with any servant or slave at unlawful meetings, gaming with dealing or entertaining or harbouring such with out the owners consent shall (upon conviction thereof 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 in 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 whipping post

Ordered that all wood brought to this in future shall be sold by the cord &c passed the 20th day of April 1782

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 &c passed the 2d day of Aug't 1782

Ordered that notice be given to the proprietors of unimproved Lotts within this Corporation by advertisement in the public newspapers that they immediately pay up the taxes &c passed the 22d day of Aug't 1782

It being represented to this board that great villany is practiced by persons resident in this Corporation selling provisions at Market &c passed the 4th day of June 1785

And lastly they recommend the passing a Law to prevent waggoners feeding their horses in the Main Street
John Mundell
Wm Allen
Adam Cooke
John Scott

And the same being read, maturely considered and approved is ordered to be recorded

[Page 136]

Ordered that the sum of thirty dollars be appropriated for the securing the Corporation Wharf

It [is] ordered that George French Mayor and Horace Marshall Chamberlain be authorized to obtain from the Office of Discount and Deposit of Fredericksburg the sum of $750 to be applied towards repairing streets of this Corporation

It is ordered that all the horse racks & troughs be removed from the main street of this Town and if any person shall fail to comply with this order after receiving twenty four hours notice, the Police officer shall cause the same to be removed and that the expences thereof be recovered by warrant before any magistratea in this Corporation

William Jackson is appointed Police Officer of this Corporation the ensuing year and that he receive the sum of forty dollars for his Services

(Signed)
Geo French

At a Council held at the Town Hall on the 27th day of Sept 1809

Pres't
George French, Mayor
Chs L Carter, Recorder
Alex'r Walker, Common Councilman
John Mundell, Common Councilman
Horace Marshall, Common Councilman
Wm Allen, Common Councilman
Philip Terrier, Common Councilman
David Almond, Common Councilman

On motion made and seconded, It is ordered that George French Mayor & Horace Marshall Chamberlain be authorised to borrow from the Bank a further sum of $600 to be applied towards finishing the repairs of the main street in this Town

Ord'd that the Chamberlain pay to Franky Baptist 13/ for taking care of Nancy Campbell

Ord'd that the Chamberlain pay to Alex'r Walker $4 for making a coffin for Nancy Campbell

[Page 137]

For reasons appearing to the board It is Ord'd that the sale made by Horace Marshall of the Bricks on the Market hosue lott be confirmed

It is ord'd that the Chamberlain pay to Eliz'h Williams $8 for support of Emersons child

Geo French


Transcribed by Gary Stanton
Please send comments or corrections to Gary Stanton at gstanton@umw.edu
Last Modified 28 January 2013