Chap. 67.—An ACT to incorporate the town of Pocahontas.

Approved January 31, 1884.

1. Be it enacted by the general assembly of Virginia, That
all the territory in Tazewell county, included in the following
boundaries: Beginning at the point where the county line
between Mercer and Tazewell crosses Laurel creck; thence
along said line north forty-two degrees forty-five west, for
seven thousand and eight feet to a corner; thence south
sixty-one degrees west, for five thousand four hundred and
thirty feet toa corner; thence south forty-two degrees torty-
five east, for four thousand four hundred and ten feet to a
corner; thence south eleven degrees thirty east, for one thou-
sand one hundred and twenty-two feet to a corner; thence
south twenty-eight and one-fourth degrees cast, for one thou-
sand one hundred and twenty-two feet to a corner; thence
north thirty-six degrees thirty east, for five hundred ninety-
four feet to a corner; thence north fifty-one and three-fourth
degrees east, for three hundred feet to a corner; thence south
twenty-nine degrees east, for one thousand five hundred
fifty-one feet to a corner; thence south sixty-eight and one-
half degrecs east, for two thousand two hundred and seventy-
seven feet to a corner; thence north sixty-one degrees east,
for three hundred and eighty-five feet to a corner; thence
north twenty-nine degrees west, for one hundred and fifty
feet to a corner; thence north sixty-one degrees east, for tive
hundred and ninety feet to a corner; thence south twenty-
nine degrees east, for one hundred and seventy-five feet to a
corner; thence south sixty-one degrees west, for two hun-
dred twenty feet to a corner; thence south twenty-nine
degrees east, for two hundred feet to a corner; thence south
sixty-one degrees west, for one hundred and twenty-five feet
to a corner; thence south twenty-nine degrees east, for one
hundred and seventy-five feet to a corner; thence north
sixty-one degrees east, for four hundred and fifty feet to a
corner; thence north twenty-nine degrees west, for three
hundred and seventy-five feet to a corner; thence north
sixty-one degrees east, for fifty feet to a corner; thence north
twenty-nine degrees west, for one hundred and seventy-five
feet to a corner; thence north sixty-one degrees east, for fifty
feet to a corner; thence south twenty-nine degrees east, for
two hundred and seventy-five feet to a corner; thence north
sixty-one degrees east, for one hundred feet to a corner;
thence north twenty-nine degrees west, for two hundred
and seventy-five feet to a corner; thence north sixty-one
degrees east, for five hundred and forty feet toa corner;
thence south twenty-nine degrees east, for one hundred and
titty feet toa corner; thence north sixty-one degrees east,
tor one hundred and twenty feet to a corner; thence north
fitty-two degrees twenty east, for one thousand and ninety-
five feet to a corner; thence north thirty-one degrees east,
for one thousand, one hundred and ten feet to a corner;
thence north forty-two degrees forty-five west, for one thou-
sand iive hundred and sixty-two feet to the point of begin-
ning, shall constitute the town of Pocahontas; and the inhab-
itants within said boundaries, and their successors, shall be a
corporation under the name and style of the town of Poca-
hontas, and the fifty-fourth and fitty-sixth chapters of the
Code of Virginia, edition of eighteen hundred and seventy-
three, us far as consistent with this act, shall be applicable to
said town; and thecouncil of said town may, from time totime,
enlarge the boundaries of said town, by adding thereto the
lots of such persons as desire to be included in said corpora-
tion, and who shall make application therefor to said council.

2. The government of the said town shall be vested ina
mavor and a council of five, who shall be residents of said
town, and shall be elected annually on the fourth Thursday
of Mav, by those qualitied to vote for members of the general
assembly, and who shall have been residents within the
boundaries of the corporation for three months next preceed-
ing the election, and by no other person. There shall be five
days notice of all elections by posting notices at three or
more public places within the corporation. The mayor and
council shall remain in office until their successors are elected
and qualified in their stead; but no longer.

3. The council shall fix and determine the place where said
elections shall be held, shall prescribe the manner of declar-
iny and certifying elections, of deciding between two or more
where the number of votes shall be equal, and of filling
vacancies in said board—a majority of said council shall
constitute a quorum to do business.

4. The council shall appoint annually, a sergeant, recorder,
and treasurer, and shall fix their compensation and prescribe
their duties, and require such bonds as may be deemed
proper.

5. The sergeant of said town, who shall from time to time
be appointed under this act, shall have the like rights of
distress and a power for collecting the taxes and levies made
by said council of said town, as sberiffs in similar cases, and
shall be entitled to the same or like fees and commissions,
for collecting said taxes and levies, as are allowed sheriffe for
collecting county levies and in the service and return of all
processes, and in the collection of all fines arising under the
authority of this act, or of any by-laws made in pursuance
hereof, he shall bave and possess the same rights and powers
and be entitled to the same or like fees and commissions, as
allowed by law to sheriffs for similar services.

6. The sergeant of said town, upon entering into bond in
the county court of Tazewell county, in the manner pre-
scribed by law for constables, and with such conditions as
constables are required by law to enter into, shall have all
the power and authority of a constable in the collection of
money by warrant or otherwise, and to exccute any and all
process to him directed, or which might have been so directed ;
and shall and may do and pertorm all acts, execute and re-
turn such warrants, and be liable in the same manner, and to
the same extent that constables are by the laws now in
force.

7. The sergeant of said town shall be a conservator of the
peace, and shall have power to arrest in said town, or any-
where within Tazewell county, upon a warrant issued by the
mayor, recorder or councilmen, any person charged with a
violation of the laws or ordinances of said town ; and when a
violation of the laws or ordinances of said town are committed
in his presence, he shall have authority and power without
warrant, forthwith to arrest the offender, and carry him be-
fore some conservator of the peace of said town, to be dealt
with according to law.

8. The mayor, recorder, and councilmen, and each of them,
shall and may exercise all jurisdiction, civil and criminal,
now by law conferred upon justices of the peace; shall pre-
serve peace and good order in said town; and to this end
they, and each of them, shall be a conservator of the peace
with all the power conferred upon conservators of the peace,
by chapter one hundred and ninety-six of the Code of Vir-

inia.

. 9. The mayor, recorder, and councilmen of said town, and
each of them, upon taking oaths required by law to be taken
by justices of the peace, shall each have authority and juris-
diction to hear and determine all matters of which a justice
of the peace would have jurisdiction, and to hear and deter-
mine all controversies arising under the laws and ordinances
of said town, and to issue any and all proper process, whether
mesne or final, which may be necessary to enforce their judg-
ment and authority.

10. The council of said town shall be, and is hereby invested
with the power, and charged with the duty of taking care of
the poor within the limits of said town; and said council
and the superintendent of the poor for Tazewell county are
authorized and empowered to contract, on such terms as they
may agree upon, for the removal of such poor persons as may
become a charge upon said town, and for their care and sup-
port at said poorhouse.
11. The said council shall have power and authority to
lay and collect, and apply to the maintenance of public free
schools in said town, annually, a sum equal to what the
inhabitants and property of said town would have to pay
annually to the county of Tazewell for public free school
purposes if this act had not been passed.

12. The council shall have power to make accurate bounds
of existing streets, and to compel the removal of obstructions
therefrom, and to lay off and have new streets, alleys and
side walks, and to provide and protect shade trees thereon.
The council of said town shall have the same jurisdiction for
condemning land for streets, alleys and side walks of said town,
as the county court has for condemning lands for roads in
the county. The council shall further have power to pro-
vide against and prevent accidents by fire; to establish and
regulate markets; to prevent the running at large of hogs,
doss, horses and other animals; to prevent the cumbering « of
streets, side walks and alleys i in any manner whatever; to
make sanitary revulations in reference to contagious or other
diseases; to regulate the building of all houses, stables, privies,
hog pens and slaughter houses; to abate nuisances at the ex-
pense of those who cause them; to restrain and punish drunk-
ards, vagrants, mendicants and street begyars; to appoint
police and prescribe their duties and compensation; and to

make, pass and ordain such rules, regulations and by-laws,
as they may deem necessary and proper, for the mternal and
general good, safety health and convenience of the said town
and inhabitants thereof, and for enforcing the provisions of
this charter. They shall punish all violators of law, by fine
or imprisonment, or both, in the descretion of the officer or
officers trying the offender: provided the accused shall have
the right of appeal to the county court in all cases whatso-
ever, whenever the fine shall exceed twenty-five dollars, or
the imprisonment exceed thirty days. The authorities of
said town, with the consent of the county court, entered of
record, shall have the right to use the county jail, whenever
it may be necded by them. Whenever judyment shall be
rendered avainst any person for fines, and there be no visible
effects which the sergeant may destrain and sell therefor,
the persons so in default may be compelled to work out auch
fines on the public streets or other improvements, and to suf-
fer in addition, such term of imprisonment as may be pre-
scribed by ordinance of said town. All fines for violation of
the ordinances of said town, shall be paid into the treasury
of said town, and shall be appropriated as the council may
determine.

13. The council may annually levy a tax for roads, streets,
side walks and all other purposes by a two-thirds vote, to be
approved by the mayor, which on no property shall exceed
fifty cents on the hundred dollars’ valuation, except that on
a petition of freeholders representing two- thirds of the valua-
tion within the corporation, the council may levy a corpora-
tion tax not to exceed the amount named in the petition.
The poll-tax shall not exceed fifty cents on each male person
in any one year. The said town and the taxable persons
and property therein, shall be exempt and free from the pay-
ment of all county levies.

14. No license shall be granted to any person, club or cor-
poration, to sell wine, ardent spirits, malt liquors, cider or any
mixture thereof; alcoholic bitters or fruits preserved in
ardent spirits, either by wholesale, retail, or to be drank at
the place where sold, or in any other way within the corpo-
ration limits of said town, or within one mile thereot, with-
out, unless, and until the applicant shall produce to the court
or officers authorized to grant such license, the written con-
sent of the council of said town.

15. The mayor and council, and each member of the coun-
cil, shall have power and authority to deputize any number
of citizens of the town, and such as may be in town from
said county, to assist the sergeant in the full discharge of
his duties in all cases of riot and misdemeanors.

16. W. A. Lathrop, John W. Spotts, W. O. Davies, Jobn
McDowell, Charles Bolton, or any three of these persons are
hereby authorized and empowered to hold the election agreea-
bly to the provisions of this act, for the election of a mayor
and council of said town, on the fourth Thursday in May,
eighteen hundred and eighty- -four, at the store house of
the Southwest Virginia improvement company in said town

17. This act shall be in force from its passage.