Chap. 145.—An ACT to amend the following acts: An act to inco:
rate the town of Rocky Mount, approved February 17, 1873; an act
to amend the act of February 17, 1873, approved April 28, 1874, and
an act amending and re-enacting section 2 of the act approved A pril
28, 1874, approved March 4, 1884.

Approved February 18, 1888.

1. Be it enacted by the general assembly of Virginia, That
an act incorporating the town of Rocky Mount, in the county
of Franklin, approved February seventeenth, eighteen hun-
dred and seventy-three, and amended by an act approved
April twenty-eighth, eighteen hundred and seventy-four,
which was amended as to the second section thereof by an
act approved March fourth, eighteen hundred and eighty-
four, be amended in the following respects:

§1. The town of Rocky Mount, in the county of Frank-
lin, incorporated by an act which was approved February
seventeenth, eighteen hundred and seventy-three, and
amended by an act which was approved April twenty-eighth,
eighteen hundred and seventy-four, and amended and re-en-
acted as to the second section thereof, by an act approved
March fourth, eighteen hundred and eighty-four, shall by

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that name continue; and the mayor and councilmen 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 Rocky Mount; 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 and
equity in this commonwealth, and with authority to pur-
chase, receive, and hold lands, tenements, goods, and chattels,
either in fee simple or any less estate therein, and the same
to lease, give, grant, 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:
Beginning at a persimmon tree in the field of John Saun-
ders, deceased; thence east two hundred and forty poles
crossing the Franklin and Pittsylvania turnpike road to a
stake; thence north two hundred and forty poles crossing the
Glade Hill road to a stake in lot of John Poindexter; thence
west two hundred and forty poles crossing the railroad to a
stake; thence south two hundred and forty poles to the
beginning. (These are the same boundary lines established
by an act approved March fourth, eighteen hundred and
eighty-four).

§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 shall 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 hundred and eighty-eight, and every year
thereafter, holding their offices for the term of one year, com-
mencing 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, with the mayor,
shall constitute a quorum for the transaction of business,
shall be vested the corporate powers of said town, and it shall
be known as the council of the town of Rocky Mount.

§4. The council, in its discretion, may, 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
Franklin county, and remain in said office, and shall be evi-
dence of the boundaries of the said lots, streets, and alleys.

he council, in its discretion, may also, when requested in
Writing by any land-owner, or proprietor interested therein,
establish a grade line for all the streets, alleys, and sidewalks
of the town, which shall appear by profile and map, and be
Tecorded and preserved by the council; and when so estab-
lished and approved by the council, shall not be changed
except by a unanimous vote of the council, and with the
consent of the land-owners on both sides of the street, alley,
and sidewalk affected thereby.

§5. The council, in the absence of existing regulations, or
when it deems that changes in existing regulations are neces-
sary, shall fix and determine the place where all elections, pro-
vided for by this act, shall be held; shall prescribe the man-
ner of declaring and certifying said elections and deciding
between two or more candidates, when the number of votes
shall be equal, and of filling vacancies in any ot the offices
provided tor by this act.

§6. The council shall appoint annually a sergeant, recorder
and treasurer; shall fix their compensation, when not already
fixed; prescribe their duties in addition to or in lieu of those
already prescribed, and require of them such bonds as may
be deemed proper. The terms of said officers shall expire on
the thirtieth day of June. The term of any officer filling a
vacancy, shall be for the period prescribed at the time of his
selection, not to exceed the term of the officer whom he suc-
ceeds.

§7. The present sergeant of said town, or the ones who

shall from time to time be appointed under this act, shall
have the like rights of distress and such power for collecting
the taxes and levies made by said council as county treas-
urers in similar cases; and in the service of processes, and in
the collection of all fines arising under authority of this act,
he shall have and possess the same rights and powers, and be
entitled to the same fees and commissions, as are allowed by
law to sheriffs for similar services.

§ 8. The sergeant of said town, upon entering into bond in
the county court of Franklin 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, within the limits of said corpo-
ration, in the collection of money by warrant or otherwise,
and to execute any and all process to him directed, or which
might have been so directed; and shall and may do and per-
form 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
apy where in Franklin county, upon a warrant issued by the
mayor or any 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 commit-
ted in his presence, he shall have authority and power, with-
out warrant, forthwith to arrest the offeader and carry him
before the mayor, or some member of the council of the 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 arising from a vio-
lation of the laws or ordinances of said town, and for the

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exercise of that jurisdiction shall have all the powers confer-
red upon justices of the peace by the general laws of the state
of Virginia. The councilmen, and each of them, shall, more-
over, 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 the general laws.

§11. The mayor of said town, upon taking the oath re-
quired by law to be taken by justices of the peace, shall have
authority and jurisdiction to hear and determine, as a magis-
trate ex-officio, all matters, civil and criminal, arising within
the corporate limits of which a justice of the peace would
have jurisdiction, 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 be necessary to enforce his judgment and
authority, and to all things that any other magistrate can do
as to the jurisdiction hereby given him.

§ 12. The council shall have the power to compel the
removal of obstructions from the streets, sidewalks, and.
alleys, and to lay off and have new streets, alleys, and side-
walks, 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 accidents from fire; to establish and regulate mar-
kets; to prevent the running at large of hogs, dogs, horses, |
and other animals; to prevent the cumbering of streets,
alleys, and sidewalks in any manner whatever; to make
sanitary regulations in reference to contagious and other dis-
eases; 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 ap-
point police and prescribe their duties and compensation, 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 pro-
visions of this charter, and the provisions of all laws made
in pursuance thereof, or in pursuance of powers now enjoyed
by the said corporation, they shall punish all violations of
the law by fine or imprisonment, or both: provided, that the
accused shall have the right of appeal to the county court
within one week after his punishment is assessed, in all cases
whatsoever when the fine shall exceed ten dollars, or the
imprisonmentoneday. The authorities of said town shall have
the right to use the county jail whenever it may be needed
by them, upon the payment, however, of the usual fees.
Whenever judgment shall be rendered against any person for
fines, execution may issue therefor, or that person may, in the
discretion of the official trying the case, be held in the county

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jail for the p ayment. of said fine for a period not to exceed
six months. The trial official, in lieu of committing such a
party to jail, to be held until the payment of his fine, may
compel him by his order, to work out his fine on the public
streets or other improvements of the 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 coun-
cil may determine.

§13. The council may annually levy a tax for roads,
streets, sidewalks, and other purposes, which on no property
shall exceed fifty cents on the hundred dollars valuation.
The poll tax shall not exceed fifty cents on each male person
in any one year.

§14. The council shall also have power to appoint such
officers and agents for the proper government and usiness of
the town as they may deem necessary, and to fix their com-
pensation. The mayor shall also have the power to appoint.
temporary policemen to assist the sergeant.

§ 15. The council of the town shall have authority to pre-
scribe those pursuits which may not be followed within the
corporate limits without a license as a prerequisite, and shall
fix the terms on which the licenses shall issue.

§ 16. The mayor and council, and each member of the
council, shall have power and authority to depute any num-
ber of citizens of the town, and such persons as may be in
town from tbe county, to assist the sergeant in the full dis-
charge of his duties in all cases of riot or breach of the crimi-
nal laws.

§17. The council shall have power to impose a special tax

upen dogs, and to provide for the destruction by its proper
cer of all dogs on which the prescribed tax is not paid.

§ 18. The council shall have authority to make all the by-
laws or ordinances necessary to effectuate the powers granted
by this or other special acts or the general laws relating to
the government of towns containing less than five thousand
inhabitants.

§19. Nothing in this act shall be construed to diminish
the powers which the corporation of Rocky Mount, or any of
its officers enjoy at present, by reason of beeviaus special acts
or the general laws.

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