Chap. 226.—An ACT to incorporate the town of Broadway, in the
county of Rockingham, and to repeal chapter 246 of the Acts of
1879-80, approved March 9, 1880, entitled an act to incorporate the
town of Broadway, in Rockingham county.

Approved February 26, 1886.

1. Be it enacted by the general assembly of Virginia, That
the town of Broadway, in the county of Rockingham, shall
be and the same is hereby declared to be a town corporate,
under the name and style of the town of Broadway, and by
that name shall have and exercise the powers, privileges, and
immunities hereinafter granted, and, in addition thereto, all
the powers granted by the general laws of the state to incor-
porated towns of less than five thousand inhabitants, except as
such powers may be specially restrained or altered by the pro-
visions of this act.

2. The government of said town shall be vested ina mayor,
a council of six members, a clerk, and a town sergeant, all of
whom shall be chosen annually, by ballot, on the fourth Thurs-
day in May in each year. Any person entitled to vote for mem-
bers of the general assembly of Virginia, in the county of Rock-
ingham, and residing in the corporate limits of the town of
Broadway, shall be entitled to vote at all elections held by virtue
of this act of incorporation. The mayor shall appoint two
members of the council, who, with the clerk of the council, shall
hold said election, between the hours of one in the afternoon
and sunset, on the day above mentioned, and they shall de-
cide any question or contest with reference to the right to vote
of any individual, and may question and examine, on oath,
any individual who offers to vote at such election in the same
manner as the judges of elections held for state officers. In
case it is impossible to decide who have the highest number of
votes for any of the offices named, by reason of a tie vote, the
said clerk shall decide, by lot, in the presence of the two coun-
cilmen aforesaid, who shall be entitled to the office for which
there is a tie vote. Said clerk shall, immediately after said
election, make out and deliver to each of said officers elected a
certificate of his election, and in case the clerk who acts at such
election may be re-elected, his certificate of election shall be
made out, signed, and delivered to him by the two councilmen
aforesaid ; and such certificates of election shall be entered on
the journal or records of the said council when the officers so
elected have qualified to take office. Ten days previous to
any election that may be held under the provisions of this act
the clerk of said town shall post, in five or moré conspicuous
places in said town, written or printed notices of such election.
No registration before any of the corporate authorities of
said town shall be necessary to entitle any person to vote at
any election for the officers of said town.

3. Said officers shall qualify by taking the oath of office be-
fore the clerk, or any person authorized by law to administer an
oath, and such qualification shall be made on or before the first
week-day in July following their election; and any person so
failing to qualify shall forfeit the office to which he was elected;
and the vacancy so created may be supplied by the council
from one of their members who has been duly elected and qual-
ified, or as otherwise herein provided. Said council shall meet
for the transaction of business in the first week in July follow-
ing their instalment in office, and as often thereafter as they
may prescribe by the by-laws of the corporation. The mayor
shall be president of the said council, and shall have a vote
only when there is a tie in the voteof said council. Said mayor,
councilmen, clerk and sergeant, shall enter into their respective
offices on the first week. day in July, and shall hold office for a
term of one year, or until their successors are elected and
qualified. Said council may have power, by a two thirds vote,
to remove any of said officers for misconduct in office; and any
vacancy occurring in any of said offices by reason of death, re-
signation, removal or otherwise, may be supplied by said coun-
cil from one of their own members, or any other person eligible
to hold office under this charter. No person shall be eligible
to election to any office under this charter unless such person
shall be at the time of such election an actual resident within
the corporate limits of said town; and the permanent removal
of any officer from said town shall create a vacancy in his office.
Five members of said council shall constitute a quorum.

4. The mayor, in addition to the powers conferred on him
by the general law and special provisions of this act, shall have
the jurisdiction and authority of a justice of the peace of Rock-
ingham county, within the corporate limits of said town, or
within one mile thereof, and shall have*’the same fees as a jus-
tice of the peace.

5. The clerk shall keep a correct record of all the proceed-
ings of the council; shall provide the books and stationery
therefor; make out the certificates of election; make out a
list of property to be assessed, real and personal, within the
limits of the corporation, and assess the same according to the
best information obtainable by him: provided, he shall not value
such property higher than it is valued for state and county tax-
ation; and shall issue tickets for taxes voted by the council,
which tickets he shall deliver to the sergeant, when ordered by
the council; and shall have power to administer the oaths ot
office to any of the town officers. And for said service he shall
be allowed annually a certain sum to be named by the council,
not to exceed fifty dollars.

6. The sergeant shall collect the taxes voted by the council,
for which he shall be allowed a certain rate per centum for col-
lecting and paying out the same, the rate to be fixed by the
council, not to exceed seven per centum on the amount col-
lected. He shall have the power and authority of any consta-
ble or collector in the county of Rockingham, within the cor-
porate limits of said town, or within one mile thereof, and shall
be entitled to the same fees as a constable. He shall pay out
the money in his hands on the warrant of the mayor and clerk,
certifying that it is done by order of the council. The sergeant
shall, before he enters on the duties of his office, execute a bond
for the faithful performance of his duties, which bond shall be
approved by the council and filed with the clerk.

7. The inhabitants of said corporation shall be relieved
from work on county and district roads, and no road tax shall
be assessed upon the property or persons in the said corpora-
tion, except by the corporate authorities of the aforesaid town.

8. The council may annually levy a tax on real and personal
property for roads and corporation purposes, which tax shall
not exceed twenty-five cents on the one hundred dollars valu-
ation, except that, on petition of two-thirds of the freeholders
in said town, the council may levy a tax not to exceed the
amount named in the said petition, and in addition to such tax
on property, said council.shall levy a tax for roads and corpo-
ration purposes, of fifty cents per capita, on all persons within
the corporate limits of said town, who would be liable, but for
the provisions of this act, to work on the public roads. The
said council may also levy a license tax on any business con-
ducted within the corporate limits of said town, in any case
where the state or an incorporated town may, under the gene-
ral law, levy a tax on such business. The money raised by
such taxation shall be expended by said council in improving
the streets and roads in said town, and for other purposes ot
public benefit and necessity.

g. That any person applying to the county court of Rock-
ingham for license to sell liquors of any kind, either as the
keeper of a bar-room, wholesale or retail liquor dealer or dis-
tiller, within the corporate limits of the town of Broadway, or
within one mile of the corporate limits of said town, shall pro-
duce before the court of said county a certificate of the coun-
cil of said town, signed by the mayor and a majority of said
council, to.the effect that the applicant is a suitable person,
and that no good reason is known to said council why such
license should not be granted ; and the courts having jurisdic-
tion shall not ‘grant any license to sell or manufacture liquors
within the limits above prescribed until’and unless such cer-
tificate be given.

10. The following are hereby declared to be the boundaries
of the said town of Broadway: beginning at the peninsula at the
junction of Linville.creek with the Shenandoah river; thence
in a westerly direction up the said river, along the east bank,
to the mouth of the spring branch, where the lands of J. Q.
Winfield, P. Shearer, and Sarah E..Thomas corner ; thence
in a southwesterly direction with said branch to the culvert
bridge on the river road, near the residence of J. F. Branner ;
thence in a straight line, in a southerly direction, to the corner
of the lands of J. H. Thomas and Lewis Shank, on the west
side of said Linville creek ; thence crossing said creek, and
with said creek, along the eastern bank in a southwesterly di-
rection, to the nearest point on the Kline lands, west of Early’s
mill; thence easterly, with the division line between the lands
of S. H. Early and the lots recently sold by J. Q. Winfield, to
the lands of M. B. E. Kline, including the street laid off and
lots thereon sold by said M. B. E. Kline on the western part
of his said lands; thence with the eastern boundary of said
Kline lots and street, in a northerly direction, to the lot of E.
B. Knipple, southwestern corner thereof; thence, continuing
with the line of said M. B. E. Kline, east and north, around
the lot of said Knipple and the lot owned by the heirs of Mrs.
John Moore; thence in a northerlv direction, with the line be-
tween the lands of Elizabeth Rader and William Minnick, to
the public road, south side thereof; thence with said public
road east, to the foot of Rader’s hill, west side thereof; thence
crossing said road north, with the line between the lands of W.
Liggett and L. Winfield, to the end of the fence at the cor-
ners of the fields on said line; thence northerly in a straight
line to the beginning.

11. George W. Hoover is hereby appointed mayor; J. E.
Beard, Joseph S. Miller, P. W. Pugh, W. V. K. Enos, G. W.
Baldwin, Hezekiah Curry, councilmen; Chrisman R. Branner,
clerk; and William H. Bartle, sergeant of the said town; all
of whom shall hold office until the first day of July next after
the passage of this act, and until their successors are elected
and qualified; but said council shall not have power to levy
any taxes until after there has been an election, according to
the provisions of this act, for municipal officers of said town,
and until such officers to be elected by the voters of said town
shall have been duly installed in office. For every failure to
order and provide for the elections required under this act, the
mayor and councilmen of said town who shall cause such fail-
ure, or be guilty of neglect of duty in providing for such elec-
tion, shall Porfeit to the said town the sum of five dollars, which
shall be collected and accounted for by the sergeant.

12. None of.the said officers of said corporation shall re-
ceive from the funds of said corporatian any pay for the per-
formance of their official duties, except as the same may be
herein specially provided for and allowed.

13. The property, real and personal, of the Broadway Man-
ufacturing company, held and owned by said company, at and
adjoining their works in said town, and as to such real estate
of said company lying at the point of land between the junc-
tion of Linville creek and the Shenandoah river, north of the
residence of J. Q. Winfield, shall be exempt from the provis-
ions of this act in regard to taxation, in so far only as the
council of said town shall not levy a tax on said property of
said Broadway Manufacturing company, in excess of ten cents
on the hundred dollars valuation of said property.
14. Chapter two hundred and forty-six, Acts of eighteen
hundred and seventy-nine and eighty, entitled an act to incor-
porate the town of Broadway, in Rockingham county, ap-
proved March ninth, eighteen hundred and eighty, is hereby
repealed.

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