Chap. 157.—An ACT amending the Charter of the Town of Scottsville,
in the County of Albemarle.

Passed February 28, 1566.

Be it enacted, That an act to prescribe the mode of
electing trustees for the town of Scottsville, in the county of
Albemarle, and vesting them with corporate powers, passed
March second, eighteen hundred and thirty-three, be amended
and re-enacted so as to read as follows:

“1, Be it enacted by the general assembly of Virginia,
That the town of Scottsville, lying partly in the county of
Albemarle, and partly in the county of Flivanna, as the same
has heretofore been laid off into lots, streets and alleys, and
as the same may be hereatter further laid off and extended
into lots, streets and alleys, including the addition made
thereto by the act, entitled an act to enlar ge the town of
Scottsville, in the county of Albemarle, passed March twenty-
second, eighteen hundred and thirty-one, and dll that portion
of the county of Albemarle included within a line commencing
at lot number one hundred and sev enty-six, and running nine
hundred and fifty feet. to a corner of Captain John T. Blair's
field; thence one thousand and thirty-two feet, to a corner
on the land of P. F. Jetierson, deceased ; thence one thou-
sand four hundred andl ten teet, to the corporation line at lot
number forty-nine—shall be and the same is hereby made a
town corporate, by the name and style of The Town of
Scottsville, jn the county of Albemarle; and by that name
and style, shall have and exercise the powers hereinafter
granted. °

“2. Be it further enacted, That for the better government
and well ordering the affairs of said town, it sh: Ul be lawful
for the white male frecholders and housekeepers thereof, who
shall have been residents therein six months preceding an
election, and also of treeholders of land or lots therein, who
are nonresidents, to meet at some convenient place in said
town, of which place of mecting at least ten days’ previous
notice shall be given, annually, on the first Monday in May.
and then and these nominate and elect, by viva voce vote, a
mayor—who shall have the powers of a justice of the peace
within the corporate limits and a half mile around—and six
fit and able men, being frecholders or housekeepers, and in-
habitants of the town, to serve as trustees thereof. The
persons so elected shall, before they enter upon the duties of
their office, respectfully tuke an oath, or make solemn afhr-
mation betore some justice of the peace of Albemarle or
Fluvanna, well and truly, faithfully and impartially to ex-
ecute and pertorm the duties of their several otlices, accord-
ing to the best of their skill and jadgment: and shall, within
ten days after their election, proceed to choose, out of their
own body, one person to preside at the mecting and give the
casting vote at any legal meeting of the trustees of said
town, whenever they are equally divided.

“3. Be it further enacted, That should it so happen that an
election of trustees be not made at the time prescribed for
an annual election, then such election may be had, upon ten
days’ public notice given by any two or more freeholders or
housekeepers of the said town, of the time and place of elec-
tion; 4nd if no election be made at the time prescribed tor
an annual election, or in manner storesaid, then the same
trustees, last elected, shall remain in oflice until the next sue-
ceeding time, as above preseribed, tor an annual election, or
until a new election shall be had. For the first eleetion of
said trustees, it shall be lawtul for any two justices of the
peace of the county of Albemarle or Fluvanna, to whom
notice may be given by the sherit? of said county (and it shall
be the duty of said sheriff to give such notice at least one
month previous to the said first Monday in May next), to
attend in said town, and conduct the said elections of trus-
tees, at such place therein as they may appoint and notify, at
least ten days’ previous to the said time of clection. They
the said justices shall declare who are elected as trustees
whereof; and thereatter, it shall be the duty of the said trus-
tees for the time being to appoint annually, at least one month
before the said. first Monday in May, three commissioners to
superintend the election of trustees for said town: and in
case any two or more persons mentioned and voted for on
the said election (and not being elected), shall have an equal
number of votes, and proclamation haying been made that
the election is closing, and no more votes appearing for the
space of one hour (provided it be before sunset), the said
commissioners, or any two of them, shall determing and sav
which of the Person voted for as aforesaid shall be returned
elected, and shall+«so certify the same to the clerk, if any, or
senior trustees or other persons appointed to reecive and
preserve the papers and records of said town: such certif-
cate to be filed and preserved by such clerk, if any, or other
persons appointed as aforesaid.
“4. Be it further enacted, That the presiding trustee, or
auy two of said trustees, shail have power to sumimon a meet-
ing of said trustees so oiten as occasion may require; which
mecting shall be composed of tour members at least, including
the president. or in his absence, a president pro tempore,
elected Dy any three of said trustees whogmay be present;
and all questions beiore a meeting of said trustees shall be
decided by a majority of the trustees present, each having
one vote, except the person who presides. who shall vote
only when the others are equally divided.

'). Be it further enacted, What the trustees of said town
seal have power and authority to establish markets, and
recuiate the sume: to improve the streets, walks and alleys
of said town: to provide awainst and prevent accidents by
tire, and for that purpose to establish and organize fire com-
pames, and purchase engines; to prevent and punish, by
reasonable fines, the practice of firing guns and running
horses in said town: to license and regulate shows and other
pubhe exhibitions, and the same to tax im such reasonable
manner and extent as they may deem expedient; to appoint
all such officers as may be necessary tor conducting the aitairs
oi the said town, not otherwise provided for by this act, and
to allow them snech compensation as they may deem reasona-
bie; and finally, to make all such by-laws, rwes and regula-
tions as they may deem necessary and proper for the good
government of said town: provided, that they be nét con-
irary to or inconsistent with the constitution and laws of this
commonwealth or of the United States; and the same to
enforce by reasonable fines and penalties, not exceeding, for
any one olienee, the sum of ten dollars; to be recovered,
with costs, in the name of the president and trustees atere-
said, before any justice of the peace of either of the atoresaid
counties of Albemarle and Fluvanna, and by them applied in
ald of the taxes Imposed upon said town.

“6, Be it further enacted, That the said trustees, thus con-
stituted, shall have power to assexs and collect an annual tax
Within the said town, for the purposes before mentioned, on
all such property as is now subjected to taxation by the
revenue laws of this commonweaith: provided, that the tax
on real estate shall nut exceed, in any one year, fiity cents on
every hundred dollars yalue-thereot, and twenty-five cents on
all tithabies within said town: and provided also, that the tax
to be iinposed on all other property, and inhabitants of said
town, subject to taxation as aforesaid, shall not exceed the
taxes on the like subjects imposed by the revenue laws of this
commonwealth, unless such excess sil have been authorized
by a majority of the mhabitants of sad town, and owners of
real estate therein, qualified as aioresaid to vote for trustees
thereof: and moreover, it shall be competent to said trustees
to conduct and distribute water into and through said town,
upon the request or assent of a majority of the qualified
voters thereof: such request or assent to be ascertained in
such manner as such trustees may deem best caiculated to
obtain a tree expression of opinion upon the subject.
“7, Beit further enacted, Vhat the said trustees shall have
power to appoint annually a sergernt or town collector, who
shall be invested with all the powers of a justice of the peace
within the precincts of said town, and for half a mile around
the corporate limits thereof; and shall have like power with

a justice of the peace to caminit any person, charzed with an

oilence before him. to the county jail, or Jet to bail, on recow-
nizance to appear before the county court; and the sergeant
of said corporation shall have the like power with the con-
stable of said county, to pursue and arrest all offenders for
offences within said corporate Hits, and to convey any one.
so ordered to be committed. to the county jail, there to he
dealt with as if committed by a warrant of the justice of tle
peree; and shall have and possess the Uke rights of distress
and powers In collecting the said taxes: serve and return all
processes arising under the authority of this act, or of any
by-law made as aforesaid in pursuance hereof: and shall be
entitled to the same or Hike fees and commissions as are
alowed by law to constables for similar duties and services.
The sergeant or town collector shall execite to the said pre-
sident and trustees for the time beine. bond with approved
security, In such penalty as they shall deem necessary, paya-
ble to them, and their suecessors in office, condittoned tor the
faithful performante of his duties, and payment of said taxes.
and other moneys by him co olleeted in virtue of his office:
end he and his said sceurities, his and their executors and
administrators, shall be subject to such proceedings by mo-
tion, or otherwise, before the cvurt of the county of “Albe-
marle, for enforcing payment of such taxes and other moneys
by him collected, as the suit of the said president and trus-
tees, or other persons entitled, as collectors of county levies
are by Jaw subject to entorciug payment of the levies by
them collected. |

“8. Beit further enacted, Phat in case of the misconduct
of any officer of said town appointed by the trustees under
the authority of this act, they the said trustees shall have
power to remove the offer nder, a and supply the vacancy there-
by occasioned : and in case of vacancy in the office of trustee
or said town, such vacancy shall be fled, within thirty days.
by an election, as in the first imstanee, made by the white
male freeholders and honsekeévers, qualified as hereinbefore
provided: andin order the better to determine what persons
are liable to taxation in said) town, it ts hereby declared that
all persons liable to taxation, as hereinbefore provided, and
residing in said town, annually, on the first day of April,
shall be subject to taxation the then current vear.

“9, Beit further enacted, That all fines. penalties, ameree-
ments, and all other moneys received or raised by virtne of
this act, or any by-law in pursnance of this act. and not other-
wise directed to he applied, shall be at the disposal of the
said president and trustees. for the use and hensfit of the
said town. |

“10. Be it further enacted, 'That in all suits or prosecu-
tions arising under any by-law, rule or regulation made by
1

the president and trustees of the said town, in manner afore-
said, when the constitutionality or validity of such by-law,
rule or regulation shall be contested, appeals shall be from
the judgment of any justice of the peace of the said counties
of Albemarle or Fluvanna, and the case may be according
to the jurisdiction of the justice rendering such judement,
Without regard to tle sum or amount in controversy. Such
appeals shall be taken within the same time and upon the
same terms as are prescribed by law for taking appeals from
the judgement of the justices of the peace to the several
county and corporation courts within this commonweaith,;
and the said cireuit superior court of law and chancery shall
try and decide such appeals j in the same manner as the several
county and corporation courts within this commonwealth are
by law directed to try appeals from judgments of justices of
the peace; and judements of the said superior court of law
and chancery rendered upon such appeals, shall be executed
as other jidements of said courts are executed.

“77. The said trustees shall have power to appoint a ser-
cveant for*said town of Scottsville, who shall, within the cor-
porate limits thereof, have all the powers, and be subject to
all restrictions now conferred or imposed on constables.

“12. 'Phis act shall be in force from its passage.”

Chap. 157.—An ACT amending the Charter of the Town of Scottsville,
in the County of Albemarle.

Passed February 28, 1566.

Be it enacted, That an act to prescribe the mode of
electing trustees for the town of Scottsville, in the county of
Albemarle, and vesting them with corporate powers, passed
March second, eighteen hundred and thirty-three, be amended
and re-enacted so as to read as follows:

“1, Be it enacted by the general assembly of Virginia,
That the town of Scottsville, lying partly in the county of
Albemarle, and partly in the county of Flivanna, as the same
has heretofore been laid off into lots, streets and alleys, and
as the same may be hereatter further laid off and extended
into lots, streets and alleys, including the addition made
thereto by the act, entitled an act to enlar ge the town of
Scottsville, in the county of Albemarle, passed March twenty-
second, eighteen hundred and thirty-one, and dll that portion
of the county of Albemarle included within a line commencing
at lot number one hundred and sev enty-six, and running nine
hundred and fifty feet. to a corner of Captain John T. Blair's
field; thence one thousand and thirty-two feet, to a corner
on the land of P. F. Jetierson, deceased ; thence one thou-
sand four hundred andl ten teet, to the corporation line at lot
number forty-nine—shall be and the same is hereby made a
town corporate, by the name and style of The Town of
Scottsville, jn the county of Albemarle; and by that name
and style, shall have and exercise the powers hereinafter
granted. °

“2. Be it further enacted, That for the better government
and well ordering the affairs of said town, it sh: Ul be lawful
for the white male frecholders and housekeepers thereof, who
shall have been residents therein six months preceding an
election, and also of treeholders of land or lots therein, who
are nonresidents, to meet at some convenient place in said
town, of which place of mecting at least ten days’ previous
notice shall be given, annually, on the first Monday in May.
and then and these nominate and elect, by viva voce vote, a
mayor—who shall have the powers of a justice of the peace
within the corporate limits and a half mile around—and six
fit and able men, being frecholders or housekeepers, and in-
habitants of the town, to serve as trustees thereof. The
persons so elected shall, before they enter upon the duties of
their office, respectfully tuke an oath, or make solemn afhr-
mation betore some justice of the peace of Albemarle or
Fluvanna, well and truly, faithfully and impartially to ex-
ecute and pertorm the duties of their several otlices, accord-
ing to the best of their skill and jadgment: and shall, within
ten days after their election, proceed to choose, out of their
own body, one person to preside at the mecting and give the
casting vote at any legal meeting of the trustees of said
town, whenever they are equally divided.

“3. Be it further enacted, That should it so happen that an
election of trustees be not made at the time prescribed for
an annual election, then such election may be had, upon ten
days’ public notice given by any two or more freeholders or
housekeepers of the said town, of the time and place of elec-
tion; 4nd if no election be made at the time prescribed tor
an annual election, or in manner storesaid, then the same
trustees, last elected, shall remain in oflice until the next sue-
ceeding time, as above preseribed, tor an annual election, or
until a new election shall be had. For the first eleetion of
said trustees, it shall be lawtul for any two justices of the
peace of the county of Albemarle or Fluvanna, to whom
notice may be given by the sherit? of said county (and it shall
be the duty of said sheriff to give such notice at least one
month previous to the said first Monday in May next), to
attend in said town, and conduct the said elections of trus-
tees, at such place therein as they may appoint and notify, at
least ten days’ previous to the said time of clection. They
the said justices shall declare who are elected as trustees
whereof; and thereatter, it shall be the duty of the said trus-
tees for the time being to appoint annually, at least one month
before the said. first Monday in May, three commissioners to
superintend the election of trustees for said town: and in
case any two or more persons mentioned and voted for on
the said election (and not being elected), shall have an equal
number of votes, and proclamation haying been made that
the election is closing, and no more votes appearing for the
space of one hour (provided it be before sunset), the said
commissioners, or any two of them, shall determing and sav
which of the Person voted for as aforesaid shall be returned
elected, and shall+«so certify the same to the clerk, if any, or
senior trustees or other persons appointed to reecive and
preserve the papers and records of said town: such certif-
cate to be filed and preserved by such clerk, if any, or other
persons appointed as aforesaid.
“4. Be it further enacted, That the presiding trustee, or
auy two of said trustees, shail have power to sumimon a meet-
ing of said trustees so oiten as occasion may require; which
mecting shall be composed of tour members at least, including
the president. or in his absence, a president pro tempore,
elected Dy any three of said trustees whogmay be present;
and all questions beiore a meeting of said trustees shall be
decided by a majority of the trustees present, each having
one vote, except the person who presides. who shall vote
only when the others are equally divided.

'). Be it further enacted, What the trustees of said town
seal have power and authority to establish markets, and
recuiate the sume: to improve the streets, walks and alleys
of said town: to provide awainst and prevent accidents by
tire, and for that purpose to establish and organize fire com-
pames, and purchase engines; to prevent and punish, by
reasonable fines, the practice of firing guns and running
horses in said town: to license and regulate shows and other
pubhe exhibitions, and the same to tax im such reasonable
manner and extent as they may deem expedient; to appoint
all such officers as may be necessary tor conducting the aitairs
oi the said town, not otherwise provided for by this act, and
to allow them snech compensation as they may deem reasona-
bie; and finally, to make all such by-laws, rwes and regula-
tions as they may deem necessary and proper for the good
government of said town: provided, that they be nét con-
irary to or inconsistent with the constitution and laws of this
commonwealth or of the United States; and the same to
enforce by reasonable fines and penalties, not exceeding, for
any one olienee, the sum of ten dollars; to be recovered,
with costs, in the name of the president and trustees atere-
said, before any justice of the peace of either of the atoresaid
counties of Albemarle and Fluvanna, and by them applied in
ald of the taxes Imposed upon said town.

“6, Be it further enacted, That the said trustees, thus con-
stituted, shall have power to assexs and collect an annual tax
Within the said town, for the purposes before mentioned, on
all such property as is now subjected to taxation by the
revenue laws of this commonweaith: provided, that the tax
on real estate shall nut exceed, in any one year, fiity cents on
every hundred dollars yalue-thereot, and twenty-five cents on
all tithabies within said town: and provided also, that the tax
to be iinposed on all other property, and inhabitants of said
town, subject to taxation as aforesaid, shall not exceed the
taxes on the like subjects imposed by the revenue laws of this
commonwealth, unless such excess sil have been authorized
by a majority of the mhabitants of sad town, and owners of
real estate therein, qualified as aioresaid to vote for trustees
thereof: and moreover, it shall be competent to said trustees
to conduct and distribute water into and through said town,
upon the request or assent of a majority of the qualified
voters thereof: such request or assent to be ascertained in
such manner as such trustees may deem best caiculated to
obtain a tree expression of opinion upon the subject.
“7, Beit further enacted, Vhat the said trustees shall have
power to appoint annually a sergernt or town collector, who
shall be invested with all the powers of a justice of the peace
within the precincts of said town, and for half a mile around
the corporate limits thereof; and shall have like power with

a justice of the peace to caminit any person, charzed with an

oilence before him. to the county jail, or Jet to bail, on recow-
nizance to appear before the county court; and the sergeant
of said corporation shall have the like power with the con-
stable of said county, to pursue and arrest all offenders for
offences within said corporate Hits, and to convey any one.
so ordered to be committed. to the county jail, there to he
dealt with as if committed by a warrant of the justice of tle
peree; and shall have and possess the Uke rights of distress
and powers In collecting the said taxes: serve and return all
processes arising under the authority of this act, or of any
by-law made as aforesaid in pursuance hereof: and shall be
entitled to the same or Hike fees and commissions as are
alowed by law to constables for similar duties and services.
The sergeant or town collector shall execite to the said pre-
sident and trustees for the time beine. bond with approved
security, In such penalty as they shall deem necessary, paya-
ble to them, and their suecessors in office, condittoned tor the
faithful performante of his duties, and payment of said taxes.
and other moneys by him co olleeted in virtue of his office:
end he and his said sceurities, his and their executors and
administrators, shall be subject to such proceedings by mo-
tion, or otherwise, before the cvurt of the county of “Albe-
marle, for enforcing payment of such taxes and other moneys
by him collected, as the suit of the said president and trus-
tees, or other persons entitled, as collectors of county levies
are by Jaw subject to entorciug payment of the levies by
them collected. |

“8. Beit further enacted, Phat in case of the misconduct
of any officer of said town appointed by the trustees under
the authority of this act, they the said trustees shall have
power to remove the offer nder, a and supply the vacancy there-
by occasioned : and in case of vacancy in the office of trustee
or said town, such vacancy shall be fled, within thirty days.
by an election, as in the first imstanee, made by the white
male freeholders and honsekeévers, qualified as hereinbefore
provided: andin order the better to determine what persons
are liable to taxation in said) town, it ts hereby declared that
all persons liable to taxation, as hereinbefore provided, and
residing in said town, annually, on the first day of April,
shall be subject to taxation the then current vear.

“9, Beit further enacted, That all fines. penalties, ameree-
ments, and all other moneys received or raised by virtne of
this act, or any by-law in pursnance of this act. and not other-
wise directed to he applied, shall be at the disposal of the
said president and trustees. for the use and hensfit of the
said town. |

“10. Be it further enacted, 'That in all suits or prosecu-
tions arising under any by-law, rule or regulation made by
1

the president and trustees of the said town, in manner afore-
said, when the constitutionality or validity of such by-law,
rule or regulation shall be contested, appeals shall be from
the judgment of any justice of the peace of the said counties
of Albemarle or Fluvanna, and the case may be according
to the jurisdiction of the justice rendering such judement,
Without regard to tle sum or amount in controversy. Such
appeals shall be taken within the same time and upon the
same terms as are prescribed by law for taking appeals from
the judgement of the justices of the peace to the several
county and corporation courts within this commonweaith,;
and the said cireuit superior court of law and chancery shall
try and decide such appeals j in the same manner as the several
county and corporation courts within this commonwealth are
by law directed to try appeals from judgments of justices of
the peace; and judements of the said superior court of law
and chancery rendered upon such appeals, shall be executed
as other jidements of said courts are executed.

“77. The said trustees shall have power to appoint a ser-
cveant for*said town of Scottsville, who shall, within the cor-
porate limits thereof, have all the powers, and be subject to
all restrictions now conferred or imposed on constables.

“12. 'Phis act shall be in force from its passage.”