Chap. 57.—An ACT to amend and re-enact an act entitled an act to
incorporate the town of Big Lick, approved February 28, 1874, and
ull acts amendatory thereof.

Approved February 3, 1882.

1. Be it enacted by the general assembly of Virginia, That
the act approved February twenty-cight, cighteen hundred
and seventy-four, entitled an act to incorporate the town of
Big Lick, and all acts amendatory thereof since passed, be
amended and re-enacted so as to read as follows:

§ 1. The town of Big Lick, in the county of Roanoke, char-
tered by an act of assembly passed February twenty- -eight,
eighteen hundred and seventy-four, shall hereafter be called
and known as the town of Roanoke, and by that name shall
have and exercise all the powers, oud be subject to all the
duties, which now belong to the said town, and be'subject to
all the provisions of the existing law with regard to towns,
except so far as may herein be otherwise provided.

$2. The said town shall be extended so as to embrace the
following described boundary: Beginning at the Norfolk and
Western railroad bridge, at Tinker creek; thence, a due line
“auth to the Gish’s mill road; thence, with said road west, to
the forks of road leading into the lands of Colonel G. P.
Taylor; thence, a straight line southwest, to the Franklin
turnpike, at the gate upon the lands of Mistress Jane Lewis,
on the road leading into the land of S. H. Gish; thence, a
straight line to the southwest corner of the lands of Wil-
jam Taylor; thence, due south to Roanoke river; thence,
with said river, to the line of F. Rorer and John N. Shaver’s
lands; thenee, with said Rorer’s and Shaver’s line, north to
the Norfolk and Western railroad; thence, east to the lands
it Q. M. Word; and thence, to the line of H. S. Trout, R. B.
Moorman, and E. H. Ingle; thence, with the lands of said
RK. B. Moorman and E. H. Ingle, north to the Lynchburg and
Salem road; thence, with said road east, to the road leading
(1 Watts’s mill; thence, with said road, to a spring near the
mill: thence, a straight line, to the lands of Mistress Lucy
Campbell, at the corner of the land of Henry Langhorne;
‘hence, east with said Mistress Lucy Campbell’s land, to the
comer of the lands of J. B. Muse and Doctor Miller; thence,
with the line of said Muse and Miller, to the Lynchburg and
“salem road ; thence, with the south side of said road, to the cor-
nerofthe lands of said Muse and Miller; thence, with the lands
ft said parties, to the lands of the Roanoke Land Improve-
usnt company ; thence, with the lands of said company and
I. B. Muse. to Tinker creek; thence, south with said creek,
‘othe bridge of the Norfolk and Western railroad company
ver Tinker creek, at the beginning.

$3. The municipal authorities of said town shall consist of
4mavor and six councilmen, who shall, together, constitute
‘he council of said town; any four of whom shall constitute
squorum tor the transaction of business. The said mayor
snd councilmen shall. on and after the next regular election
om the date of this act, be elected biennially on the fourth
Thursday in May, by the qualified voters of said town, and
they shall enter upon the duties of their office on the first of
July next ensuing.

$4. The council of the said town shall have all the gen-
email powers vested in it by the laws of the state, and in addi-
ton thereto, shall have the following powers: First, to pur-
thaxe. hold, sell, and convey all real and personal property
Leesary for the purposes of the corporation. Secena,to
tutract loans tor corporation purposes, and to issuc thereter
Tegistered or coupon bonds, or certificates, of..deht, pavable
tot more than thirty-two years after date, ard hearing
itvrest at a rate not greater than six per centum per annum:
imwided that said loan shall be sanctioned by a two-third
“te of the members of the council.

§ 5. The council may, by a resolution adopted by a major-
ity of the members present, direct a poll to be opened to take
the sense of the freeholders of said town on the question,
whether the council, on behalf of the town, shall subscribe
to the stock of a company incorporated for a work of inter-
nal improvement in this state, or for manufacturing purposes
in or near said town, an amount not exceeding a certain
maximum, to be stated in the said resolution, the said ques-
tion to be determined by a majority of the votes of the said
freeholders; and the council may prescribe the manner, time,
and place of such election, after giving at least two weeks’
notice thereof, either by handbills posted at three or more
conspicuous places in the said town, or in one or more hews-
papers published in the town of Roanoake.

6. The council shall have power to close or extend, widen
or narrow, lay out and graduate, pave, and otherwise improve
streets and public alleys in the town, and for these purposes,
upon first paying a just compensation therefor, it may take
such private property as may be necessary, and no order shall
be made and no injunction shall be awarded by any court or
judge to stay the proceedings of the town in the prosecution
of such works, unless it be manifest that the interposition of
a court is necessary to prevent injury that cannot be compen-
sated in damages. The method of ascertaining what will be
a just compensation for private property thus taken, shall be
as follows: After reasonable notice in writing, by the secre-
tary of the council, to the owner of the freehold whose prop-
erty is proposed to be taken, or to his tenant or agent, the
mayor of the town shall, at the time and place mentioned in
said notice, proceed to appoint two freeholders of the town
as commissioners, one of whom may be nominated by the
owner of the freehold, or by his tenant or agent, if either
be present, whose duty it shall be to view the property pro-
posed to be taken, and ascertain what will be a just compen-
sation therefor, and the damage to the residence of such
owner’s property beyond the peculiar benefits to be derived in
respect to such residue from the work to be done. The said
commissioners, if they cannot agree, may select a third free.
holder as commissioner, to act with them, and shall, as 800m ag
possible, report their proccedings to the council. When such
report has been returned, the council may, by a vote of a major.
ity of its members, either reject or accept said report. If the
report be rejected, the council may refer the matter to anothe)
commission, appointed in the same way and for the same pur
pose as the first. If the report be confirmed, the amoun;
ascertained by it to be a just compensation for the propert.
shal he, paid: to:those entitled thereto before work shall hb.
begun:ob. ox thircugh said property.

“ 7: ‘The council is empowered to purchase and hold land
Ngtekedgding in quantity twenty acres, to be used a8 a Cem
etery; any to astese and levy a special tax upon all the per
sons and property which is liable to state and county taxa
tion, for the purpose of paying for said land and proper}.

4

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enclosing the same. The said council shall, also, have power
to prescribe and enforce all needful rules and regulations, not
inconsistent with the laws of the state, for the use, protec-
tion, preservation, and ornamentation of the cemetery; to
set aside, in their discretion, by metes and bounds, a portion
thereof for the interment of strangers and the indigent poor;
to divide the remainder into burial lots, and to sell or lease
the same; to execute all proper deeds or other writings in
evidence of such sale or lease; and to prescribe what class
and condition of persons shall be admitted to interment in
the cemetery. The money from such sale or, lease of burial
lots shall be invested, used, or employed in such manner and
for such purposes as the said council may, from time to time,
prescribe. The cemetery, when established and enclosed
with the property included in it, shall be exempt from all
state, county and municipal taxation.

§ 8. The council shall have power to levy such taxes as it
may deem necessary for the purposes of the corporation:
provided that no tax upon the real and personal property in
ssid town shall exceed one dollar upon the one hundred dol-
lare assessed value thereof: and provided, also, that no cor-
poration tax shall be levied upon the machinery, implements,
Inoney, and capital of manufacturing establishments actually
in use for manufacturing purposes for fifteen years from the
passage of this act: and provided also, that no such tax
shall be levied upon lands, stock of any kind, utensils, or
implements within the limits of said corporation, which are
used strictly for farming purposes; but this proviso is not
intended to apply to milch cows, horses, and other animals in
domestic use, nor to lands when laid off and ‘offered for sale
as town lots. ,

$9. Whenever any new street shall be laid out, graded or
paved. a culvert built, or any other public improvement what-
ever made, the town council may determine what portion,
if any, of the expense thereof should be paid from corpora-
ion tunds, and what portion by the owners of real estate
penefitted thereby, or may order and direct that the whole
-xpense be assessed upon the owners of real estate benefitted
hereby. But no such public improvement shall be made, to
xe defrayed, in whole or in part, by a local assessment, until
irat requested by a petition signed by at least a majority of the
»wners of property to be assessed for such improvements, or
inless two-thirds of all the council shall concur in voting any
mprovement to be expedient, or in determining to make the
ame after allegations have been heard; in which case, no
etition nor request shall be necessary. The council shall
aave the same powers to collect such local assessments for
mprovements as are vested in them for the collection of other
axes.

§ 10. It shall be unlawful for any person or persons to sell
*y retail, or in any quantity less than five gallons, within the
-orporate limits of the said town, whiskey, brandy, wine or
ther intoxicating drink, or any admixture thereof, without
having first obtained from the mayor and council of said town
written permission so todo. And any person violating this pro-
vision, may be fined by the mayor of said town in a sum not
exceeding twenty dollars for each offence, and may be impri-
soned, upon his order, in the jail of the town until such fine
is paid: provided that the term of imprisonment shall not
exceed thirty days in any one case. The fines so recovered
shall be applied to such corporation purposes as may be
designated by the mayor and council. This provision is not
intended to affect any license already granted.

§ 11. All acts and parts of acts inconsistent with the pro-
visions of this act are hereby repealed.

§ 12. This act shall be in force from its passage.

Chap. 57.—An ACT requiring the timber-men of Buchanan county to
_ brand or mark their saw-logs, &c.

Approved April 18, 1882.

1. Bo it enacted by the general assembly of Virginia, That

own BNY person or persons rafting or floating saw-logs in Louisa

it'd

rks,

m’t

river, or any of its tributaries, in the county of Buchanan,
shall mark or brand the same, so that the ownership thereof
may be identified; and any person who shall catch and
securely tie up any such log while floating in said river in
Buchanan county, below the mouth of Big Prattor creek,
shall be entitled to demand and receive from the owner fifty
cents for each walnut log, and twenty-five cents for each
poplar or other kind of log so caught and secured, upon pay-
ment of which sum within ten days thereafter, the owner
shall be entitled to said log or logs.

2. If any person shall alter, cut out, or erase the mark or
brand on any such logs or timber, he shall forfeit to the
owner thereof twenty-five dollars, and shall moreover be
guilty of a misdemeanor.

3. Every person rafting or floating logs in said river shall
have his brand or mark recorded in the clerk’s office of said
county court, in a book kept by the clerk for the purpose,
and the certificate of the clerk of said court shall be prima
facie evidence of such brand or mark. Said clerk shall be
entitled to a fee of twenty-five cents for recording the same,
and twenty-five cents for a copy thereof.

4, This act shall be in force from its passage.
Chap. 57.—An ACT to amend and re-enact an act entitled an act to
incorporate the town of Big Lick, approved February 28, 1874, and
ull acts amendatory thereof.

Approved February 3, 1882.

1. Be it enacted by the general assembly of Virginia, That
the act approved February twenty-cight, cighteen hundred
and seventy-four, entitled an act to incorporate the town of
Big Lick, and all acts amendatory thereof since passed, be
amended and re-enacted so as to read as follows:

§ 1. The town of Big Lick, in the county of Roanoke, char-
tered by an act of assembly passed February twenty- -eight,
eighteen hundred and seventy-four, shall hereafter be called
and known as the town of Roanoke, and by that name shall
have and exercise all the powers, oud be subject to all the
duties, which now belong to the said town, and be'subject to
all the provisions of the existing law with regard to towns,
except so far as may herein be otherwise provided.

$2. The said town shall be extended so as to embrace the
following described boundary: Beginning at the Norfolk and
Western railroad bridge, at Tinker creek; thence, a due line
“auth to the Gish’s mill road; thence, with said road west, to
the forks of road leading into the lands of Colonel G. P.
Taylor; thence, a straight line southwest, to the Franklin
turnpike, at the gate upon the lands of Mistress Jane Lewis,
on the road leading into the land of S. H. Gish; thence, a
straight line to the southwest corner of the lands of Wil-
jam Taylor; thence, due south to Roanoke river; thence,
with said river, to the line of F. Rorer and John N. Shaver’s
lands; thenee, with said Rorer’s and Shaver’s line, north to
the Norfolk and Western railroad; thence, east to the lands
it Q. M. Word; and thence, to the line of H. S. Trout, R. B.
Moorman, and E. H. Ingle; thence, with the lands of said
RK. B. Moorman and E. H. Ingle, north to the Lynchburg and
Salem road; thence, with said road east, to the road leading
(1 Watts’s mill; thence, with said road, to a spring near the
mill: thence, a straight line, to the lands of Mistress Lucy
Campbell, at the corner of the land of Henry Langhorne;
‘hence, east with said Mistress Lucy Campbell’s land, to the
comer of the lands of J. B. Muse and Doctor Miller; thence,
with the line of said Muse and Miller, to the Lynchburg and
“salem road ; thence, with the south side of said road, to the cor-
nerofthe lands of said Muse and Miller; thence, with the lands
ft said parties, to the lands of the Roanoke Land Improve-
usnt company ; thence, with the lands of said company and
I. B. Muse. to Tinker creek; thence, south with said creek,
‘othe bridge of the Norfolk and Western railroad company
ver Tinker creek, at the beginning.

$3. The municipal authorities of said town shall consist of
4mavor and six councilmen, who shall, together, constitute
‘he council of said town; any four of whom shall constitute
squorum tor the transaction of business. The said mayor
snd councilmen shall. on and after the next regular election
om the date of this act, be elected biennially on the fourth
Thursday in May, by the qualified voters of said town, and
they shall enter upon the duties of their office on the first of
July next ensuing.

$4. The council of the said town shall have all the gen-
email powers vested in it by the laws of the state, and in addi-
ton thereto, shall have the following powers: First, to pur-
thaxe. hold, sell, and convey all real and personal property
Leesary for the purposes of the corporation. Secena,to
tutract loans tor corporation purposes, and to issuc thereter
Tegistered or coupon bonds, or certificates, of..deht, pavable
tot more than thirty-two years after date, ard hearing
itvrest at a rate not greater than six per centum per annum:
imwided that said loan shall be sanctioned by a two-third
“te of the members of the council.

§ 5. The council may, by a resolution adopted by a major-
ity of the members present, direct a poll to be opened to take
the sense of the freeholders of said town on the question,
whether the council, on behalf of the town, shall subscribe
to the stock of a company incorporated for a work of inter-
nal improvement in this state, or for manufacturing purposes
in or near said town, an amount not exceeding a certain
maximum, to be stated in the said resolution, the said ques-
tion to be determined by a majority of the votes of the said
freeholders; and the council may prescribe the manner, time,
and place of such election, after giving at least two weeks’
notice thereof, either by handbills posted at three or more
conspicuous places in the said town, or in one or more hews-
papers published in the town of Roanoake.

6. The council shall have power to close or extend, widen
or narrow, lay out and graduate, pave, and otherwise improve
streets and public alleys in the town, and for these purposes,
upon first paying a just compensation therefor, it may take
such private property as may be necessary, and no order shall
be made and no injunction shall be awarded by any court or
judge to stay the proceedings of the town in the prosecution
of such works, unless it be manifest that the interposition of
a court is necessary to prevent injury that cannot be compen-
sated in damages. The method of ascertaining what will be
a just compensation for private property thus taken, shall be
as follows: After reasonable notice in writing, by the secre-
tary of the council, to the owner of the freehold whose prop-
erty is proposed to be taken, or to his tenant or agent, the
mayor of the town shall, at the time and place mentioned in
said notice, proceed to appoint two freeholders of the town
as commissioners, one of whom may be nominated by the
owner of the freehold, or by his tenant or agent, if either
be present, whose duty it shall be to view the property pro-
posed to be taken, and ascertain what will be a just compen-
sation therefor, and the damage to the residence of such
owner’s property beyond the peculiar benefits to be derived in
respect to such residue from the work to be done. The said
commissioners, if they cannot agree, may select a third free.
holder as commissioner, to act with them, and shall, as 800m ag
possible, report their proccedings to the council. When such
report has been returned, the council may, by a vote of a major.
ity of its members, either reject or accept said report. If the
report be rejected, the council may refer the matter to anothe)
commission, appointed in the same way and for the same pur
pose as the first. If the report be confirmed, the amoun;
ascertained by it to be a just compensation for the propert.
shal he, paid: to:those entitled thereto before work shall hb.
begun:ob. ox thircugh said property.

“ 7: ‘The council is empowered to purchase and hold land
Ngtekedgding in quantity twenty acres, to be used a8 a Cem
etery; any to astese and levy a special tax upon all the per
sons and property which is liable to state and county taxa
tion, for the purpose of paying for said land and proper}.

4

Google
enclosing the same. The said council shall, also, have power
to prescribe and enforce all needful rules and regulations, not
inconsistent with the laws of the state, for the use, protec-
tion, preservation, and ornamentation of the cemetery; to
set aside, in their discretion, by metes and bounds, a portion
thereof for the interment of strangers and the indigent poor;
to divide the remainder into burial lots, and to sell or lease
the same; to execute all proper deeds or other writings in
evidence of such sale or lease; and to prescribe what class
and condition of persons shall be admitted to interment in
the cemetery. The money from such sale or, lease of burial
lots shall be invested, used, or employed in such manner and
for such purposes as the said council may, from time to time,
prescribe. The cemetery, when established and enclosed
with the property included in it, shall be exempt from all
state, county and municipal taxation.

§ 8. The council shall have power to levy such taxes as it
may deem necessary for the purposes of the corporation:
provided that no tax upon the real and personal property in
ssid town shall exceed one dollar upon the one hundred dol-
lare assessed value thereof: and provided, also, that no cor-
poration tax shall be levied upon the machinery, implements,
Inoney, and capital of manufacturing establishments actually
in use for manufacturing purposes for fifteen years from the
passage of this act: and provided also, that no such tax
shall be levied upon lands, stock of any kind, utensils, or
implements within the limits of said corporation, which are
used strictly for farming purposes; but this proviso is not
intended to apply to milch cows, horses, and other animals in
domestic use, nor to lands when laid off and ‘offered for sale
as town lots. ,

$9. Whenever any new street shall be laid out, graded or
paved. a culvert built, or any other public improvement what-
ever made, the town council may determine what portion,
if any, of the expense thereof should be paid from corpora-
ion tunds, and what portion by the owners of real estate
penefitted thereby, or may order and direct that the whole
-xpense be assessed upon the owners of real estate benefitted
hereby. But no such public improvement shall be made, to
xe defrayed, in whole or in part, by a local assessment, until
irat requested by a petition signed by at least a majority of the
»wners of property to be assessed for such improvements, or
inless two-thirds of all the council shall concur in voting any
mprovement to be expedient, or in determining to make the
ame after allegations have been heard; in which case, no
etition nor request shall be necessary. The council shall
aave the same powers to collect such local assessments for
mprovements as are vested in them for the collection of other
axes.

§ 10. It shall be unlawful for any person or persons to sell
*y retail, or in any quantity less than five gallons, within the
-orporate limits of the said town, whiskey, brandy, wine or
ther intoxicating drink, or any admixture thereof, without
having first obtained from the mayor and council of said town
written permission so todo. And any person violating this pro-
vision, may be fined by the mayor of said town in a sum not
exceeding twenty dollars for each offence, and may be impri-
soned, upon his order, in the jail of the town until such fine
is paid: provided that the term of imprisonment shall not
exceed thirty days in any one case. The fines so recovered
shall be applied to such corporation purposes as may be
designated by the mayor and council. This provision is not
intended to affect any license already granted.

§ 11. All acts and parts of acts inconsistent with the pro-
visions of this act are hereby repealed.

§ 12. This act shall be in force from its passage.

Chap. 57.—An ACT requiring the timber-men of Buchanan county to
_ brand or mark their saw-logs, &c.

Approved April 18, 1882.

1. Bo it enacted by the general assembly of Virginia, That

own BNY person or persons rafting or floating saw-logs in Louisa

it'd

rks,

m’t

river, or any of its tributaries, in the county of Buchanan,
shall mark or brand the same, so that the ownership thereof
may be identified; and any person who shall catch and
securely tie up any such log while floating in said river in
Buchanan county, below the mouth of Big Prattor creek,
shall be entitled to demand and receive from the owner fifty
cents for each walnut log, and twenty-five cents for each
poplar or other kind of log so caught and secured, upon pay-
ment of which sum within ten days thereafter, the owner
shall be entitled to said log or logs.

2. If any person shall alter, cut out, or erase the mark or
brand on any such logs or timber, he shall forfeit to the
owner thereof twenty-five dollars, and shall moreover be
guilty of a misdemeanor.

3. Every person rafting or floating logs in said river shall
have his brand or mark recorded in the clerk’s office of said
county court, in a book kept by the clerk for the purpose,
and the certificate of the clerk of said court shall be prima
facie evidence of such brand or mark. Said clerk shall be
entitled to a fee of twenty-five cents for recording the same,
and twenty-five cents for a copy thereof.

4, This act shall be in force from its passage.