Chap. 388.—An ACT to amend and re-enact an act entitled an act to
incorporate the town of Martinsville, in the county of Henry.

Approved March 3, 1886.

1. Be it enacted by the general assembly of Virginia, That
an act to incorporate the town of Martinsville, in the county of
Henry, passed January the sixteenth, eighteen hundred and
seventy-three, as amended and re-enacted by an act approved
March the first, eighteen hundred and eighty-four, be amended
and re enacted so as to read as follows :

§ 1. The town of Martinsville, in the county of Henry, char-
tered by an act of assembly, passed January the sixteenth,
eighteen hundred and seventy-three, as amended by an act of
assembly passed March the first, eighteen hundred and eighty-
four, shall by that name continue, and the mayor and council-
men now in office and their successors in office shall continue
to be a body politic and corporate by the name and style of the
town of Martinsville, and by that name and style shall have
perpetual succession, with the power to sue and be sued, plead
and be impleaded in any of the courts of law or equity of this
commonwealth, and with authority to purchase, receive and
hold lands, tenements, goods, chattels, either in fee simple or
any less estate therein, and the same to lease, give, grant and
assign or sell again, and to have and exercise all the powers
which now belong to said town in addition to those which by
this act may be granted.

§ 2. The boundaries of said town shall be as follows, to-wit :
Beginining at mile post number forty-two, on the Danville
and New River railroad; thence south, eighteen degrees east,
three hundred yards, to the southeastern corner of Jesse W.
Booker’s lot on the turnpike ; thence south, fifty degrees west
seven hundred and fifty six yards, to the junction of the river
road with H.M. Drewry’s road near a barn; thence south,
eighty-nine degrees west seven hundred and twenty-nine yards
to a large poplar tree in the fork of Aaron’s branch ; thence down
said branch as it meanders, five hundred and ninety yards to J.
B. Lavinder’s corner, on the turnpike; thence north twenty-
six degrees, thirty minutes west, twelve hundred and ten yards
to Gabe Smith’s corner, on the Waller’s ford road; thence
north fifty four degrees east, three hundred and ten yards to
Marshall Hairston’s fence corner on Jones’ path ; thence north
sixty one degrees east, nine hundred and eighty-eight yards to
mile post number forty three, on said railroad, and thence up
Poplar Spring branch, as it meanders, one thousand seven
hundred and twenty yards to the begining.

§ 3. The administration and government of said town shall
be vested in one principal officer, to be styled the mayor, who
with six other trustees shall constitute the council of said town,
all of whom shal] be selected from among the electors of the
town, and elected by the qualified voters residing within its
corporate limits, on the fourth Thursday in May, eighteen hun-
dred and eighty-six, and every two years thereafter, holding
their offices for the term of two years, commencing on the first
day of July next after their election, and afterwards until their
successors shall qualify. And in said council, so composed, any
four of whom shall constitute a quorum for the transaction of
business, shall be vested the corporate powers of said town,
and which shall be known as the council of the town of Martins-
ville.

§ 4. The council shall, as soon as possible after the passage
of this act, cause to be made a survey and plan of the town,
showing distinctly each lot, public street and alley, the size and
number of the lots, and the width of the streets and alleys, with
such explanations and remarks as they may deem proper. The
said plan, upon being approved by the council, shall be entered
upon their record books, and shall then be recorded in the
clerk’s office of the county court of Henry county, and remain
in said office, and shall be evidence of the boundaries of the
said lots, streets and alleys. The council shall also, from time
to time, as necessity may demand, and promptly when so re-
quested, in writing, by any land owner or proprietor interested
therein, establish a grade line for all the streets, alleys and side-
walks of the town, and which shall appear by profile and map,
to be recorded and preserved by the council; and when so es-
tablished and approved by the council shall not be changed,
except by a unanimous vote of the council, and with the con-
sent of the land owners on both sides of the street, alley and
sidewalks affected thereby.

§ 5. The council shall fix and determine the place where all
elections, by this act provided for, shall be held; shall prescribe
the manner of declaring and certifying said elections, and de-
ciding between two or more candidates when the number of
votes shall be equal; and of filling vacancies in any of the offices
provided for in this act.

§ 6. The council shall appoint, annually, a sergeant, clerk and

treasurer, and shall fix their compensation, and prescribe their
duties, and require of them such bonds as may be deemed
proper; the terms of each of said officers shall expire on the
thirtieth day of June.
_ $7. The sergeant of said town, who shall, from time to time,
be appointed under this act, shall have the like rights of dis-
tress, and such power for collecting the taxes and levies made
by said council as county treasurers in similar cases, and shall
be entitled to the same or like fees and commissions; and in
the service of processes, and in the collection of all fines arising
under authority of this act, or of any by-laws or ordinances
made in pursuance hereof, he shall have and possess the same
rights and powers, and be entitled to the same or like fees and
commissions as are allowed by law to sheriffs for similar ser-
vices.

$8. The sergeant of said town, upon entering into bond in
the county court of Henry county, in the manner prescribed
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 execute any and all process to him di-
rected, or which might have been so directed; and shall and
may do and perform all acts, execute and return such warrants,
and be liable in the same manner, and to the same extent, that
constables are by the laws now in force.

§ 9. The sergeant of said town shall be a conservator of the
peace, and shall have power to arrest in said town, or anywhere
within Henry county, upon a warrant issued by the mayor, or
one of the 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 is committed in his pre-
sence, or come to his knowledge, he shall have authority and
power, without warrant, forthwith to arrest the offender, and
carry him before some conservator of the peace for said town,
to be dealt with according to law. .

§ 10. The councilmen, and each of them, shall and may ex-
ercise all jurisdiction in criminal matters now by law conferred
upon justices of the peace; shall preserve 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 powers conferred upon
conservators of the peace by chapter one hundred and ninety-
six of the Code of Virginia.

§ 11. The mayor of said town, upon taking the oath required
by law to be taken by justices of the peace, shall have authority
and jurisdiction to hear and determine all matters, civil and
criminal, of which a justice of the peace would have jurisdic-
tion, and to hear and determine all controversies arising under
the laws and ordinances of said. town, and to issue any and all
proper process, whether original, mesne, or final, which may

e necessary to enforce his judgment and authority.

§ 12. The council of said town shall be and is hereby in-
vested 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 or the board of supervisors
of Henry county are authorized and empowered to contract, on
such terms as may be equitable and just, for the removal of such
poor persons as may become a charge upon said town, and for
their care and support at the poor house of said county.

§ 13. The said council shall have power and authority to la
and collect and apply to the maintenace 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 Henry for public free school purposes if this act had
not been passed, and shall also provide and pay to the treasurer
ofsaid county annually asum equal to what the inhabitants and
property of said town would have to pay on account of said
county’s subscription of one hundred thousand dollars to the
capital stock of the Danville and New River railroad company,
or any other subscription that may hereafter be made by said
county in its corporate capacity to the capital stock of the
Danville and New River railroad, or any other railroad running
through or into the said county of Henry.
§ 14. The council shall have the power to compel the re-
moval of obstructions from the streets, sidewalks and alleys,
and to lay off and have new streets, alleys and sidewalks, and
to provide and protect shade trees thereon. The council shall
have the same jurisdiction for condemning land for streets,
alleys and sidewalks within said town as the county court has
for condemning lands for roads in the county. The council
shall further have power to provide against and prevent acci-
dents from fire; to establish and regulate markets, to prevent
the running at large of hogs, dogs, horses and other animals ;
to prevent the cumbering of streets, sidewalks and alleys in
any manner whatever; to make sanitary regulations, in refer-
ence to contagious and other diseases ; to regulate the building
of all houses, stables, privies, hog pens and slaughter houses ;
to abate nuisances at the expense of those who cause them ; to
restrain and punish drunkards, vagrants, mendicants and street
beggars ; to appoint police and prescribe their duties and com-
pensation ; and make, pass and ordain such rules, regulations
and by-laws as they may deem necessary and proper for the
internal 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 violations of
law by fine or imprisonment, or both, in the descretion of the
officer trying the offender: provided, the accused shall have
the right of appeal to the county court in all cases whatsoever,
when the fine shall exceed twenty dollars or the imprisonment
exceed thirty days. The authorities of said town shall have
the right to use the county jail whenever it may be needed by
them: Whenever judgment shall be rendered against any
person for fines, and there be no visible effects which the ser-
geant may distrain and sell therefor, the persons so in de-
fault may be compelled to work out such fines on the public
streets or other improvements, and to suffer in addition such
term of imprisonment as may be prescribed by the ordinances
of said town. All fines for the 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.

§ 15. The council may annually levy a tax for roads, streets,
sidewalks, and other purposes, by a two-thirds vote, to be ap-
proved by the mayor, which on no property shall exceed fifty
cents on the one hundred dollars valuation, except, that on a
petition of freeholders representing two- thirds of the valuation
within the corporation, the council may levy a corporation 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 payment of all county levies,
except as in this act otherwise provided.

§ 16. The council shall also have power to appoint policemen,
and such other officers and agents for the proper government
and business of the town as they may deem necessary, and to
fix their compensation.
§ 17. 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 or retail, or to be drank at the place
where sold, or in any other way, within the corporate limits of
said town, or within one mile thereof, without, unless, and until
the applicant shall produce to the court or officers authorized
to grant such license the written consent of the council of said
town.

§ 18. 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 persons as may be in town from
the county, to assist the.sergeant in the full discharge of his
duties, in all cases of riot or misdemeanor.

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