Chap. 52.—An ACT to amend and re-enact an act entitled an act to
incorporate the town of South Boston in the county of Halifax.

Approved January 30, 1888.

1. Be it enacted by the general assembly of Virginia, That
an act to incorporate the town of South Boston, in the county
of Halifax, approved February nineteenth, eighteen hundred
and eighty-four, as amended by an act approved March.
seventh, eighteen hundred and eighty-four, amending seetion:
eight, and by an act approved February twenty-sixth, eigh-.
teen hundred and eighty-six, amending sections one and two,.
and by an act approved May twelfth, eighteen hundred and
eighty-seven, amending section eight, be amended and re-en-
acted so as to read as follows:

§1. The town of South Boston, in the county of Halifax,
incorporated by an act of the general assembly, approved
February nineteenth, eighteen hundred and eighty-tour,,. as.
amended by an act approved February twenty-sixth, eighteen.
hundred and eighty-six, amending sections one and two, and
by an act approved May twelfth, eighteen hundred and:
eighty-seven, amending section eight, shall by that name.
continue, and the mayor and councilmea now in office and
their successors in office, shall continue to be a body politic
aad corporate by the name and style of the town of South
Boston; 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 com-
monwealth, and with authority to purchase, receive, and hold
lands, tenements, goods, and chattels, either in fee simple or
any less estate therein, and the same to lease, give, grant, and
assign or sell again; and shall have and exercise, in addition
to the rights and powers that now belong to it as well as
those granted by this act, all the rights, powers, and privi-
leges conferred upon towns by chapter forty-four of the Code.
of Virginia of eighteen hundred and eighty-seven, and be
subject to and governed by the provisions of the said chap-
ter applicable to towns, and all laws which may be hereafter
enacted by the general assembly for towns, so far as the same
are not inconsistent with this act.

§2. The boundaries of the said town shall be as follows:
Beginning at a stone on the south side of the Richmond and
Danville railroad near the Dry bridge; thence north thirty-.
eight and a quarter degrees west, passing under the railroad
at the Dry bridge, three hundred and forty-nine feet; north

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one degree, east forty-two feet; north sixty degrees, east five
hundred and fifty-five feet to the intersection of Bruce and
Lee streets; thence along the line of Lee street, crossing
Mineral, Jordon, and Logan streets to the intersection of
Wilbourne and Lee streets; thence along the line of Lee
street to the intersection with Jefferson street; thence along
Jefferson street to the intersection with Hill street; thence
along Hill street to the back line of the lots of J. W. Easley
on the east side of Main street; thence along the back line
of the lots on the east side of Main street, crossing Moore
and Hodges streets to the corner-stone of W. J. Jordon’s lot;
thence south one and a half degrees, east five hundred and
thirty-two feet to the old Irish road; thence down the road
south seventy-four and a half degrees, east two hundred and
eighty-two feet to Hodges’ old line; thence along Hodges’
old line eight degrees, forty minutes east, to the south side of
the Richmond and Danville railroad track on said line; and
thence along the south side of the Richmond and Danville
railroad to the beginning.

§3. There shall be elected on the first Tuesday in Decem- '
ber in the year eighteen hundred and eighty-eight, and every
two years thereafter, from among its electors, seven trustees
for the said town by the qualified voters residing within its
corporate limits. The mayor of the said town shall appoint |
three qualified voters thereof, one of whom shall act as clerk
to hold said election between the hour of one o’clock in the
afternoon and sunset of the same day. They shall decide
any contest with reference to the right of any individual to
vote, and shall count the ballots. In case it is impossible, by
reason of a tie, to determine the seven persons who have
received the highest number of votes, the said clerk shall
determine the matter by lot in the presence of his associates.
The persons holding the election shall determine who have.
received the highest number of votes at such election and
certify the same and an abstract of the votes on the poll-
books, and make return thereof together with the ballots to
the clerk of the council to be preserved by him. He shall
immediately, on their receipt, make out and deliver a certi-
ficate of election to each of the persons elected. The persons
so elected as trustees shall enter upon their duties on the first
day of January next suceeding their election, and hold their
offices for the term of two years, and until their successors
are elected and qualified. They shall elect one of their num-
ber to be mayor of the said town, and may fill any vacancy
occurring in their body for the unexpired term.

§4. The mayor and said trustees shall together constitute
the council of the said town; and in the council so composed,
four of whom shall constitute a quorum for the transaction
of business, shall be vested the corporate powers of the said
town.

§5. The council shall annually appoint a sergeant, clerk,
assessor, and treasurer, and may appoint policemen and such
other officers and agents for the proper conduct of the gov-
ernmen and business of the town as they may deem neces-
sary; prescribe their duties, fix their compensation, and
require and take from them, or any of them, such bonds with
good security and in such penalty as they may deem proper,
with condition for the faithful discharge of the duties of their
offices. The same person may be appointed to and hold at
the same time more than one of the said offices.

§6. The sergeant of the said town shall bea conservator of
the peace, and shall have the same powers and discharge the
same duties as constables within the corporate limits of the
said town, and to the distance of one mile beyond the same.
He shall have the power to arrest in the said town or.any
where in Halifax county, upon a warrant issued by the mayor
or any councilman of the said town, any person charged with
the violation of any law or ordinance of the said town; and
when the violation of any law or ordinances of the said town
is committed in his presence, he shall have the authority and
power, without warrant, forthwith to arrest the offender and
carry him before some conservator of the peace for the said
town to be dealt with according to law.

§7. The mayor shall have the power to suspend, and the
council to remove, all other town officers for misconduct in
office or neglect of duty to be specified in the order of sus-
pension or removal, but no such removal shall be made with-
out reasonable notice to the officer complained of, and an
opportunity afforded him to be heard in his defence.

§8. The jurisdiction of the corporate authorities of the said
town in criminal matters, and for imposing and collecting a
license tax on all shows, performances and exhibitions, shall
extend one mile beyond the corporate limits of the said town.

§9. The mayor shall take care that the by-laws, ordi-
nances, and resolutions of the council are faithfully executed.
He and the other members of the council shall each be
clothed with all the powers and authority of a justice in civil
matters within the corporate limits of the said town, and in
criminal matters within said limits and one mile beyond the
same; and shall have power to issue process, hear and deter-
mine all prosecutions, cases, and controversies which may
arise under the by-laws and ordinances of the said town;
impose fines and inflict punishments when and wherever they
are authorized by the said by-laws and ordinances, and issue
executions for the collection of said fines; and appeals may
be taken to the county court of Halifax county from their
decisions in both civil and criminal matters, except in the
case of a judgment for a fine not exceeding ten dollars for the
violation of a by-law or ordinance of the said town in the
same manner, upon the same terms, and be tried in the same
way as appeals from the decision of a justice are taken and
tried in like cases.

§10. The council shall have, subject to the provisions of
this act, the control and management of the fiscal and muni-
cipal affairs of the town, and of all property, real and per-
sonal belonging to it; and may make such ordinances, orders,

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and by-laws relating to the same as they shall deem proper
and necessary; and they shall likewise have power to make
such ordinances, orders, by-laws, and regulations as they may
deem necessary to enforce and carry out the following powers
which are hereby vested in them:

First, To erect or provide and keep in order a town hall, '
prison house or jail, and such other public buildings as they
may deem necessary or proper for the said town, but until
they provide such prison house or jail, they shall have use of
the jail of Halifax county for the safe-keeping and confine-
ment of all persons sentenced to imprisonment under the
ordinances or by-laws of the said town.

Second, To establish a market or markets in and for said '
town, and appoint proper officers therefor, prescribe the times’
and places for holding the same, provide suitable buildings
and grounds therefor, and to enforce such regulations as shall
be necessary and proper to prevent huckstering, forestalling,
and regrating.

Third, To close or extend, widen or narrow, lay out and
graduate, curb and pave, and otherwise improve streets, side-
walks, and public alleys in the town, and have them kept in
good order and properly lighted; and over any street or alley
in the town which has been or may be ceded or conveyed to
the town by proper deed; they shall have like power and
authority as over other streets and alleys; they may build
bridges in and culverts under said streets; and may prevent
or remove any building, structure, obstruction, or encroach-
ment over or under or in any streets, side-walk, or alley in
the said town; and may permit shade trees to be planted
along the said streets.

Fourth, To prevent the cumbering of streets, side-walks,
alleys, lanes, or bridges in the town in any manner whatever.

Fifth, To secure the inhabitants from contagious infectious:
or other dangerous diseases; to establish, erect, or provide
hospitals and regulate the same; to provide for and force the
removal of patients to said hospitals; to appoint and organize
a board of health for the said town with the authority neces-
sary for the prompt and efficient performances of its duties.

Sixth, To regulate the building of stables, privies, and hog-
pens; to require and compel the abatement and removal of
all nuisances or anything which in the opinion of a majority of
the council is a nuisance within the said town, at the expense
of the person causing the same, or the owner or owners of
the ground whereon the same may be; to provide for the
drainage of lots by proper drains or ditches; to prevent or
regulate slaughter-houses and soap-factories within the said
town, or the exercise of any dangerous, offensive, or unhealty
business, trade, or employment therein.

Seventh, To prevent hogs, dogs, cows, or other animals
trom running at large in the town, and may subject the same
to such levies, taxes, and regulations as they may think
proper; and the council may prohibit the raising of hogs in
the town. .
Eighth, To establish and maintain a fire department in the
said town and provide for the regulation and government of
the same, and to compel the residents of the town to aid and
assist the fire department when necessary. They shall have
the power to establish fire limits in the said town, within
which no buildings shall be erected without the consent of
the council, unless the outer walls thereof be of brick, stone,
or some other incombustible material.

Ninth, To assess the cost of paving the sidewalks in the
said town, in whole or in part, upon the real estate abutting
on such sidewalks, and collect the same from the owners of
such real estate as taxes are collected: provided that the cost
of paving any sidewabk shall not be so assessed unless such
paving be done at the request of a majority of the property
owners on such street, or be directed by a unanimous vote of
the council.

Tenth, To regulate the size, materials, and construction of
buildings hereafter erected in the said town in such manner
as the public safety and convenience may require.

Eleventh, To provide in or near the town, lands to be
appropriated, improved, and kept in order as places for the
interment of the dead, and charge for the use of grounds in
said places of interment, and regulate the same: provided
that all moneys received for the use of such grounds shall be
set apart and used for the improvement of cemeteries; may
prevent the burial of the dead in the town except in the pub-
lie burying-ground; may regulate burials in said grounds,
and may require the keeping and return of bills of mortality
by the owners or keepers of all cemeteries.

Twelfth, To prevent the riding or driving of horses or
other animals at an improper speed; to prevent the throwing
of stones, playing marbles, or the engaging in any employ-
ment or sports on the streets, sidewalks, or public alleys; and
to prohibit and punish the abuse or cruel treatment of horses
or other animals in the said town.

Thirteenth, To restrain and punish drunkards, vagrants,
-and street beggars; to prevent vice and immorality; to pre-

serve public peace and good order; to prevent and quell riots,
disturbances, and disorderly assemblages; to suppress houses
of ill-fame and gambling-houses; to prevent and punish lewd,
indecent, and disorderly conduct or exhibitions in the said
town, and expel therefrom persons guilty of such conduct who
have not resided therein as much as one year.

§11. Where by the provisions of this act the council have
authority to pass ordinances on any subject, they may pre-
scribe punishment by fine or imprisonment or both, for all
violations thereof: provided, that in no case shall the fine
exceed fifty dollars or the imprisonment sixty days: and pro-
vided further, that the offender shall have the right to appeal
to the county court of Halifax in any case in which the judg-
ment against him shall be imprisonment or the fine exceed
ten dollars. Fines may be recovered with costs upon war-
rants issued in the name of the town of South Boston before

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the mayor or any councilman of the said town. Whenever
judgment is rendered against any person for a fine, the officer
trying the offender may require immediate payment thereof;
and in default of such payment, may commit the party so in
default, to the town jail or prison-house, or to the jail of Halli-
fax county, until the fine and costs be paid, or may compel
him to work out such fine on the public streets or other
improvements. All fines for the violation of the ordinances
of the said town shall be paid into the treasury and be appro-
priated as the council may determine.

§12. The council shall not take or use any private prop-.
erty for streets or other public purposes without making to.
the owner thereof just compensation*for the same; but in.
cases where the council cannot by agreement obtain title to
the ground for such purposes, it shall be lawful for said coun-
cil to apply to and obtain from the circuit or county court
of Halifax county for authority to condemn the same, which
shall be applied for and proceeded with according to law.

§ 13. In every case where a street in the said town has’
been or shall be encroached by any fence, building, or other-
wise, the council may require the owner, if known, or if
unknown, the occupant of the premises encroaching, to
remove the same; and if such removal be not made within
the time prescribed by the council, they may impose a penalty
of five dollars for each and every day it is allowed to continue
thereafter, and may cause the encroachment to be removed,
and may collect from the owner all reasonable charges there-
for, with costs, in the same manner that taxes due the town
are collected. No encroachment upon any street, however
long continued, shalJ constitute any adverse possession to or
confer any rights upon the persons claiming thereunder as
against the town.

§ 14. The corporate limits of the said town shall constitute ,
a school district, and the council shall appoint three trustees
vherefor to serve one, two, and three years respectively; and
annually thereafter it shall appvint one such trustee to serve
three years. The council shall have power and authority to
annually levy, collect, and apply to the support of the public
free schools in the said town, a sum equal to what the inhabi-
tants and property within the said town would have to pay
annually to the county of Halifax for public tree school pur-
poses if this act had not been passed.

§ 15. The council of the said town is hereby invested with
the power and charged with the duty of taking care of the
poor within the limits of the said town; and the said council
and the board of supervisors of. Halifax county are authorized
and empowered to contract, on such terms as may be equita-
ble and just, for the removal to, and for their care and sup-
port at the poor-house of the said county, of such poor per-
sons as may become a charge upon the said town: provided
however, that nothing in this act contained shall be construed
to exempt the inhabitants of, or property within the said
town, from any other county levy or tax levied, or that may
be levied in the said county of Halifax, but the same shall be
liable to all other county levies and taxes in the same manner
‘as if this act had not been passed.

§ 16. No citizen of the said town shall be required to work
on the public roads or to pay any taxes for keeping the same
in order, or to pay any school taxes, except such as are levied
by the state or by the council of the said town.

§17. The council shall cause a survey and plan to be made
of the said town, showing distinctly each lot, public street,
and alley therein, the size and number of the lots, and the
width of the streets and alleys, and cause the said plan to
be entered in one of their books, and afterwards recorded in
the clerk’s office of the county court of Halifax county, where
it shall remain. Said plan shall be evidence of the boundaries
of the said lots, streets, and alleys.

§18. Any person applying to the county court of Halifax

‘county for license to sell spirituous liquors, wine, beer, ale,
or porter or any mixture thereof, within the corporate limits
of the town of South Boston, or within one mile of the cor-
porate limits of the said town, shall produce before the court
of the said county a certificate of the council of the said town
to the effect that the applicant is a suitable person, and that
no good reason is known to the council why the license should
not be granted. And the said court shall not grant any
license to sell liquors within the said limits until and unless
such certificate be given.

§ 19. The mayor and cach member of the council shall
have power and authority to deputize any number of the

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

§20. To meet any expenditures that may be lawfully
chargeable to the said town, the council may annually levy
a town levy of so much as in its opinion may be necessary
upon all taxable persons and property resident or situate
within the said town, not exempted from taxation by the
laws of this state: provided that a capitation tax not greater
than fifty cents per head on the male inhabitants of the.said
town over the age of twenty-one years, shall not be levied in
any one year: and provided further, that the tax so to be
levied on the real and personal property within the said town,
do not exceed fifty cents on every one hundred dollars of the
assessed value thereof for any one year.

§21. In all cases in which the laws of the state require a
license to be taken out by any person engaged in any busi-
ness, trade, occupation, or calling, or for any other purpose,
the said council shal] have the power to require a license to
be taken out in all such cases, and to impose a tax thereon
for the benefit of the said town, before such person shall be
permitted to pursue such business, trade, occupation, or
calling within the corporate limits of the said town. They
may also grant or refuse licenses to owners or keepers of
wagons, drays, carts, hacks, and other wheeled carriages kept

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or employed in the town for hire, and may require the owners
or keepers of such vehicles using them in the town to take
out a license therefor, and may assess and require taxes to be
paid thereon, and subject the same to such regulations as
they may deem proper, and may prescribe their fees and
compensation. They may also require dealers in leaf tobacco,
book and job printers, publishers of newspapers, bakers,
bankers, barbors, bill-posters, hawkers and street vendors,
coopers, agents for the sale of fertilizers, agents for the sale
of lightning rods, and keepers of warchouses, to take out a
license therefor, and may assess and require taxes to be paid
thereon.

§ 22. The council may, in the name of and for the use of.
the said town, contract loans and issue bonds therefor, bear-
ing interest at the rate of six per centum per annum, paya-
ble semi-annually, and redeemable in thirty-tour years or less,
which bonds shall not be sold at less than their par value,
and said bonds shall be exempt from taxation by said town:
provided that the council shall not contract any loan or issue
bonds therefor, unless the same be authorized by a vote of
the resident freeholders of the said town anda majority of
the vote bein favor thereof: and provided further, that in
no case shall the aggregate debt of the said town at any one
time exceed seven and a half per centum of the assessed
value of the property, real and personal, within the corpo-
rate limits of the said town. And in any election held under
this section the order therefor shall state the object for which
the money is to be used.

§ 23. The council of the said town shall have the power
and authority in its discretion, to exempt from all corpora-
tion taxes, machinery, implements, and capital invested in
the plant of any manufacturing establishment hereafter
erected, actually in use for manufacturing purposes within
the said town, or the buildings in which said machinery is
located, with its officers for a term of years from the date
that said manufacturing establishment shall begin operations.

§ 24. The persons holding any of the offices provided for in
this charter, or which have heretofore existed under the
cbarter now in force, shall continue to hold their respective
offices under their present election or appointment until the
terms thereof shall expire.

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