Chap. 86.—An ACT to amend and re-enact an act approved March
24, 1871, entitled an act to incorporate the town of Luray, in the
county of Page, and acts amendatory thereof, approved, respec-
tively, April 30, 1874, March 28, 1879, March 1, 1884, and March 4,

1884. .
Approved February 5, 1886.

1. Be it enacted by the general assembly of Virginia, That
the charter of the town of Luray, approved March twenty-
fourth, eighteen hundred and seventy-one, and the amend-
ments thereto, approved April thirtieth, eighteen hundred and
seventy-four, March twenty-eighth, eighteen hundred and
seventy-nine, March first, eighteen hundred and eighty-four,
and March fourth, eighteen hundred’ and eighty-four, be
amended and re-enacted, so that the charter of said town shall
hereafter be as follows:

BOUNDARIES OF TOWN.

2. The boundaries of said town shall be as follows: Begin-
ning at a planted stone at the northeast corner, on the lands of
Drs. D. H. and J. B. Brumback; thence south two degrees
five minutes west, two thousand nine hundred and forty feet to
a planted stone on the lands of Mrs. Dr. A. M. Henkle; thence
north eighty-seven degrees fifty-five minutes west, six thousand
seven hundred and twenty feet to a planted stone on the lands
of J. B. Hudson; thence north two degrees five minutes east,
two thousand nine hundred and forty feet to a planted stone
near the dividing line between H. J. Smoot’s and Julia Good-
rich’s; thence south eighty-seven degrees fifty-five minutes,
east six thousand seven hundred and twenty feet to the place
of beginning; which boundaries are more fully described and
set forth in a plat of said town made by E. A. Wilson, and
filed in the clerk’s office of the county court of said county of
Page.

. The government of said town shall be and remain vested
in the present councilinen, who went into office on the first
day of July, eighteen hundred and eighty-five, to-wit: M. L.
Welfley, E. A. Wilson, David E. Almond, James C. Weaver,
and H. M. Falkenstein. until the first day of July, eighteen
hundred and eighty-seven, and until their successors are elected
and qualified; and all of the acts of said councilmen, since they
have been in office, or while they remain in office, not in con-
flict with this charter, and the constitution and laws of the
commonwealth of Virginia, shall be legal and binding upon all
persons.

4. After the first day of July, eighteen hundred and eighty-
seven, the government of said town shall be vested in a coun-
cil of five electors of said town, to be chosen on the fourth
Thursday in May, eighteen hundred and eighty-seven, and
every two years thereafter, as provided by sections sixteen,
seventeen, eighteen, nineteen, twenty and twenty-one of chap-
ter fifty four of the Code of eighteen hundred and seventy-
three, relating to the government of towns.

OFFICERS—WHEN TO ENTER, AND VACANCIES, HOW FILLED.

5. The persons so elected shall enter upon the duties of their
office on the first day of July next succeeding their election,
and shall continue in office until their successors are elected
and qualified; but before entering upon the discharge of their
duties they shall take an oath faithfully to execute the duties
of their office to the best of their judgment. Any vacancies
occurring in the council shall be filled by the remaining rmem-
ee of the council, by appointment of any one eligible to the
office.

MAYOR, RECORDER AND TREASURER.

6. The council from their own members shall choose a presi-
dent of the council, who shall be mayor of the town, and who
shall, upon his election, take the oath prescribed by law for all
state officers. They shall also choose one of their own num-
ber to be a recorder, and another to be treasurer of the town.
POWERS OF COUNCIL—-LAND DAMAGES, HOW ASCERTAINED.

7. The council of said town is hereby empowered to make
such by-laws and ordinances, not contrary to the laws and con-
stitution of this state or of the United States, as they may
deem necessary and proper for the security, improvement,
and good government of said town. Any person or persons
who shall violate any by-law or ordinance enacted by said
council, in pursuance of the power hereby vested in it, shall
be subject to such fine as the council shall have established for
the violation of said by-law or ordinance, not exceeding in
any case the sum of twenty dollars for any one offence; on
failure to pay which fine and costs, the offending party may be
confined in the county jail not exceeding sixty days, with the
right of appeal, however, in all cases where the fine exceeds
ten dollars, upon giving security, to be approved by the mayor,
for amount of fine and costs. The said council, in addition to
the other powers granted by this act, and the general law of the
state relating to towns, shall have the power and authority to
lay off, open, alter or close streets and alleys within the limits
of said town, with the right to condemn land for any street or
alleys, opened or widened, or in any manner changed, .and to
condemn lands for other town purposes, and assess the dam-
ages for land condemned therefor, by a sworn commission of
three freeholders of said town; which commission, after notice
to the owner of the ‘and or his agent, or if an infant his
guardian, or if no owner or agent, or guardian, in said town,
or the county of Page, then by notice posted for ten days at
three public places in said town, shail go upon the land pro-
posed to be taken and assess the damages therefor above any
peculiar benefits to said land owner, and make written report
of their proceedings to said council; and thereupon the said
land-owner, agent, or guardian, if he reside within the said
town, or county of Page, shall be summoned to appear before
said council, upon a day named, to show cause why said report
should not be confirmed, and sajd land taken for the purposes
of said town. Unless good cause be shown to the contrary,
said report shall be confirmed, and said land may be taken;
but the right of appeal to the county court of Page county, is
reserved to any land-owner who feels himself aggrieved on ac-
count of inadequacy of damages. Said appeal shall be tried
and determined by said county courttupon the evidence that
may be produced by either party to the appeal, reserving the
right of appeal in any case when the party may feel himself
aggrieved.

LIQUOR LICENSE—HOW TO BE GRANTED.

8. Whenever anything for which a state license is required
is to be done in said town, the council may require a license
therefor, and may impose a tax thereon, for the use of said
town, but said license-tax shall not be greater in amount than
that imposed by the state for the same business. But no
license to sell strong or spirituous liquors, wine, beer, ale or
porter, or drinks of like nature, within said town, or within
two miles of the boundary thereof, shall be granted by the
county court of Page county, or any other authority, unless
the party applying therefor shall produce to such court or
authority the certificate of the council of said town giving its
consent to the granting of such license. The council may re-

uire from persons so licensed to sell strong or spirituous
liquors, and so forth, as above stated, a bond with sufficient
security, payable to said town, in such penalty, and with such
conditions as it may think proper and may for the violations
of the law governing the sale of ardent spirits, or of the con-
ditions of the bond hereinbefore provided for, of which viola-
tion the council shall be sole judge on the evidence, withdraw
its certificate for such license; but before doing so the council
shall summon such party before it and give him full oppor-
tunity to make his defence, and thereupon the license-granting
power shall, upon the application of said council revoke such
license.

MEETINGS OF COUNCIL AND ITS RECORDS.

g. The council shall meet upon call of the mayor, or any
two members of the council, and shall keep a full record of its
proceedings, in which shall be entered, at the request of any
member, the names of those voting for and against any pro-
position. The proceedings of each meeting of the council
shall be signed by the person presiding at the time such meet-
ing is held, and said proceedings shall be read to the council
at its next meeting. The said council shall keep a full and
correct record of all taxes, licenses and fines collected in each
year, and also a full and correct record of all sums paid out
during the year, showing the amount of each item paid, and
on what account. A copy of this account of receipts and dis-
bursements, certified by the recorder, shall, at the end of each
year, be posted at two public places in the town, or inserted
once in some newspaper published in said town. Every ordi-
nance of said town, the violation of which subjects the violator
to the payment of a fine, shall be published at least once, either
by being posted at two public places within the town, or by
insertion in some newspaper published in said town. The re-
cords of said council shall be open to the inspection of any
elector of said town on his reasonable request.

POWERS AND DUTIES OF MAYOR.

10. The mayor shall be the chief officer of the town; shall,
when present, preside at all meetings of the council; shall see
that the by-laws and ordinances of the town are executed and
enforced ; shall have all the powers of justices of the peace for
enforcing the provisions of this act, and shall have concurrent
jurisdiction with justices of the peace in all misdemeanors and
Penal offences under the state laws occurring within the limits
of said town, and within two miles thereof, and not covered by
the by-laws and ordinances of said town. The mayor, on in-
formation or knowledge of any violations of a town ordinance
or by-law, shall cause the supposed violator to be summoned
to appear before him, at a time and place named in the sum-
mons, to answer the charge; but in the case of drunkenness,
disorderly conduct or breach of the peace, he may cause the
party so offending to be arrested and brought before him to
answer the charge. When the summons is returned executed,
or the party arrested is brought before him, he shall hear and
determine the matter according to the evidence. The fees of
the mayor shall be the same as allowed to justices of the peace
for same services, and shall be taxed and collected as a part of
the costs, to be paid by the accused if convicted ; but if he be
not convicted, then, if found to be proper, to be allowed and
paid him by the council.

POWERS AND DUTIES OF RECORDER.

11. The recorder shall keep a journal of the proceedings of
the council, be the custodian of the books and papers of the
council, and shall perform such other duties pertaining to the
office of recorder as may be required of him by the council;
and in the absence or disability of the mayor, shall be invested
with his powers. He shall receive for his services as recorder
such compensation as the council may deem reasonable.

POWERS AND DUTIES OF TREASURER.

12. The treasurer shall have charge of all moneys belonging
to said town, and shall pay out the same, after directed by the
council, upon the order of the mayor, countersigned by the
recorder, and not otherwise. Upon his appointment he shall
execute bond, payable to the town of Luray, to faithfully per-
form his duty, and honestly account for all money coming into
his hands; said bond to be in the penalty of not less than fifteen
hundred dollars, and in no case less than double the amount
coming into his hands, with sureties acceptable to the council.
For any default or liability on the part of the treasurer, the
council, in the corporate name of said town, may, on motion,
after ten days’ notice to said treasurer or personal representa-
tive, his bondsmen or personal representative, obtain judgment
and execution before the county or circuit court of Page county,
for the amount of said default or liability, with interest.

POWERS AND DUTIES OF TOWN SERGEANT.
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13. The council of said town shall appoint a town-sergeant
from the electors of said town, who shall hold his office for two
years, unless sooner removed from office by said council. The
sergeant and treasurer shall be the collectors of the town taxes,
fines, levies and licenses; and after thirty days from the time
of receiving the tax and license tickets, they may distrain and
levy therefor, in the same manner as the county treasurer may
do in the collection of state taxes. For the purpose of carry-
ing into effect this act, the sergeant of said town shall, within
the limits of the town, and within two miles thereof, have all
the powers of a constable, and for like services shall receive
the same fees as a constable. Said sergeant shall perform such
other duties as may be required of him by the council. In
addition to the fees hereinbefore provided for, said sergeant
shall receive such compensation as the council may allow.
Before entering upon the duties of his office, said sergeant shall
take an oath faithfully to perform his duty, and shall enter into
a bond, with sufficient surety, to be approved by the council.
payable to said town, in a penalty of not less than fifteen hun-
dred dollars, and in no case less than double the amount to
come into his hands, with conditions to honestly account for
all moneys coming into his hands, and for the faithful dis-
charge of his duty. For any default or liability on the part of
said sergeant, the council, in the corporate name of said town,
may obtain judgment and execution upon said bond in the
same manner as hereinbefore provided for obtaining judgment
and execution on the bond of the treasurer of said town.

TAX TO BE LEVIED.

14. The council of said town may, in its discretion, annually
levy a tax not exceeding thirty-five cents on the one hundred
dollars of the assessed value of real and personal property
within the town, and also a poll tax of not exceeding fifty cents
on each male inhabitant over twenty-one years of age; all of
which taxes, as well as the license taxes and fines, shall be ex-
pended by said council as to it shall seem beneficial to the
town : provided, however, a tax of more than thirty-five cents
on the one hundred dollars of the assessed value of the real
and personal property of said town may be levied by the
council, if deemed desirable by it, and two-thirds of the elec.
tors of said town shall declare in favor of the same, after the
matter shall have been submitted to a vote of the town upon a
resolution of the council setting out the purpose of the addi-
tional tax and the amount thereof. The manner in which the
vote is to be taken to be determined by the council.

PROVISIONS FOR PUBLIC SCHOOLS.

15. The council of said town shall have power, and it shall
be its duty, to impose a tax on all property, real and personal,
within the corporate limits of said town, and within the limit
embraced by its extended lines, for the children on the suburbs,
for public free school purposes. of not exceeding three mills on
a dollar of the assessed value thereof in any one year, and shall
have power to make any other appropriations for said purposes;
and it shall have no power to withhold the sum or sums re-
ported by its school board and. declared to be necessary for the
proper maintenance and growth of its public schools.
16. Said town council may, in its discretion, exempt any
property in said town used for manufacturing purposes from
taxation, to such extent, and for such length of time, as it may
deem proper and for the best interest of said town.

17. So long as the said town shall, at its own expense, keep
its streets in good order, it shall be exempt from all labor and
tax for county road purposes.

18. For gross neglect of duty by any officer of the town, he
may be removed from his office by said council; and in case of
vacancy in the office of mayor, recorder or treasurer, the same
shall be filled by the council from the other members of the
body. No councilman shall vote in any matter when he is
personally concerned.

19. The corporate name of said town shall be the town of
Luray, Virginia; and all processes shall be in the corporate
name of said town, and by said corporate name said town may
sue and be sued.

20. Copies from the record book of said town, duly certified
by the recorder of said town, shall be received as evidence for
any purpose for which the original could be received, and with
as much effect.

21. This act shall be in force from its passage, and all acts
and parts of acts in conflict therewith are hereby repealed.