Chap. 180.—An ACT to incorporate the town of Big Stone Gap, in
Wise county.

Approved February 23, 1888.

1. Be it enacted by the general assembly of Virginia, That
an act approved April seventh, eighteen hundred and eighty-
two, entitled an act to incorporate the town of Mineral City,
in the county of Wise, be and the same hereby is amended
so as to read as follows: -

2. That the town of Mineral City, as the same shall be
laid off into lots, squares, streets, and alleys, shall be and the
same is hereby made a town corporate by the name of Big
Stone Gap; and by that name shall have and exercise all the
powers conferred on towns of less than five thousand inhabi-
tants by the fifty-fourth chapter of the Code of eighteen hun-
dred and seventy-three, and be subject to all the provisions
of said Code, and to all laws now in force, or which may
hereafter be enacted in reference to the government of towns
of less than five thousand inhabitants, so far as the same are
not inconsistent with the provisions of this act.

3. The limits of said town shall be as follows: Beginning
at a large corner stone at the south end of Big Stone Gap,
on the west side of Powell’s river and on the east side of the
Gap road; thence a straight line northwest to the top of
Stone mountain; thence with the top of said mountain to a
point opposite to the point where the Jonesville road turns
sharply to the northeast; thence down said mountain, cross-
ing Powell’s river and the valley to the top of Wallin’s
ridge; thence with the top of said ridge northerly to the
south fork of Powell’s river; thence up said river to the

point where the South Atlantic and Ohio railroad survey
crosses said river; thence with said survey line to the point
where said survey intersects the Gladesville road; thence a
straight line to the top of Stone mountain; thence with top
ot said mountain to the beginning point.

4. The officers of said town shall consist of a mayor,
four trustees, a recorder and sergeant, and assistants of said
recorder and sergeant. The mayor and trustees shall com-
pose the town council.

5. Until an election shall be held, as hereinafter provided
for, M. M. Wells shall be mayor, and J. B. Gilly, Jerome
Dupp, C. W. Evans, and Joshua Mullens shall be trustees of
said town, and shall hold office until their successors are duly
elected and qualificd.

6. Should any of the officers hereby appointed, refuse or
fail to accept and qualify within two months after the pas-|
sage of this act, then it shall be the duty of the county judge
of Wise county to fill such vacancy by appointment, made
either in term time or vacation. After the positions of mayor
and trustees shall have been filled as herein provided for,
should any vacancy occur therein, it shall be the duty of the
remaining members of the town council to fill such vacancy
or vacancies.

7. The recorder of said town shall be elected by the town
council.

8. The recorder shall keep in a well-bound book, to be
provided fox the purpose by the town council, an accurate |
record of the proceedings of the council, its by-laws, acts, and
ordinances; which record shall be open at all times to the
inspection of any voter of the town, and the recorder shall
be ex-officio treasurer of said town; he shall give bond, with
good security, in such sum as the council shall fix; his duties
and compensation shall be prescribed by the council; and the
council may elect such other officers as they may deem proper,
and define their duties, powers, and compensation. The coun-
al shall prescribe the tenure of office of all officers appointed

it.

%. The sergeant of said town shall be appointed by the:
mayor, to hold at his pleasure; such assistants of the ser-
geant, as the council shall deem necessary, shall also be
appointed by the mayor, to hold at his pleasure. The ser-.
geant and his assistants shall be conservators of the peace, '
and invested with the full powers of constables, within the
town limits and for one mile beyond. The sergeant shall
collect the town taxes, and may distrain and sell therefor, in
like manner as state taxes are enforced and collected. And
shall perform such other duties and receive such compensa-
tion as the council may prescribe.

10. The election for mayor and trustees provided for by
this act, shall be held on the fourth Thursday in May, eigh-
teen hundred and eighty-eight, and on the same day in each
year thereafter. And the judge of the county court of Wise
county, either in term time or vacation, shall, not less than
twenty days before any election under this charter, appoint
a registrar and three judges of election, who may also act as
commissioners of election. The registrar shall in the manner
prescribed by law, make and revise lists of all persons quali-
fied to vote, and who shall reside within the corporate limits
of said town.

11. That for the purpose of carrying into effect the police
regulations of said town, the said town shall be allowed the
use of the Wise county jail, for the safe-keeping and confine-
ment of all persons who shall be sentenced to imprisonment
under the ordinances of said town. And when any judgment
shall be rendered against a person for any fine or penalty
under any ordinance of said town, and the same be not imme-
diately paid, the person or persons so in default may be
required by the order of the court passing sentence, to work
out such fines or penalties on the public streets or other pub-
lic improvements, at fifty cents per day, under the direction
of the sergeant, and under such rules and regulations as may
be deemed proper by the council.

he supervision and control of streets, roads, high-
ways, and alleys, shall be vested in the town council of said
town, and the power to change county roads so that they
shall conform to the streets of said town as they shall be
laid off, shall also be vested in said council.

13, All acts or parts of acts inconsistent with this act are
hereby repealed, so far as they are in conflict.

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