Chap. 445.—An ACT to amend and re-enact an act approved December 21, 1901,
entitled an act to incorporate the town of Fries, in Grayson county, Virginia.

Appreved March 29, 1902.

1. Be it enacted by the general assembly of Virginia, That an act ap-
proved December twenty-first, nineteen hundred and one, entitled “an
act to incorporate the town of Fries, in Grayson county, Virginia,” 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 Fries, in the counties of Grayson and Carroll, Virginia, as chartered
by an act of assembly, approved December twenty-first, nineteen hundred
and one, entitled “an act to incorporate the town of Fries, in Grayson
county, Virginia,” and as hereinafter laid off and defined, and as may be
hereafter defined or extended, is and shall continue to be a body politic
and corporate in the name of the town of Fries, and by that name shall
have and exercise all the powers, rights, and immunities, and be subject
to all the duties now incumbent upon said town as a body politic now con-
ferred upon towns by chapter forty-four of the Code of Virginia of eigh-
teen hundred and eighty-seven, and by all general laws now or hereafter
in force for the government of towns of less than five thousand inhabi-
tants which are not in conflict with the powers herein conferred.

§ 2. The corporate limits of the said town of Fries shall extend one
mile in all directions from the mouth of Eagle Bottom creek.

§ 3. The municipal authorities of the said town shall consist of a
mayor, seven councilmen, who shall compose the council of the said town,
a treasurer, a sergeant, and such a number of policemen as may, from
time to time, be determined on by the council of the said town, or as is
herein otherwise provided, and such other offices as may, from time to
time, be created, and officers as may be provided for by the council afore-
said.

§ 4. There shall annually, at such time in the month of July as the
council may designate, be selected by ballot by the council of the said
town a mayor, who shall, on or before the first day of August of each year,
qualify in the manner prescribed by law, and he shall hold his office for
a term of one year from the first day of August next succeeding his ap-
pointment, and until his successor shall have been duly elected and qual-
ified.

The mayor shall be the presiding officer of the council, but he shall not,
except as hereinafter provided, vote upon any question raised before it,
except in a case of a tie. He shall be ex-officio a justice of the peace,
whose jurisdiction shall be the territorial limits of said town, and out-
side thereof within two miles of the mouth of Eagle Bottom creek, and
he shall have all the powers, be charged with all of the duties, and en-
titled to all of the emoluments of a justice of the peace, including such
jurisdiction, both civil and criminal, as is now, or may hereafter by law,
be conferred upon a justice of the peace in the State of Virginia, and
from his judgment an appeal shall lie to the court of the county of Gray-
son in such cases, and in manner and form, as appeals may by law be
allowed from the judgments of justices in said county of Grayson. He
shall be a conservator of the peace, and it shall be his duty as such, and
in the exercise of the other functions of his office, to see that peace and
good order are preserved within his jurisdiction, and to that end he shall
have the power, whenever deemed by him necessary, to appoint extra
policemen, who shall, however, not continue in office longer than three
days. In addition to the emoluments and fees allowed the justice of the
peace, he shall be entitled to such other compensation as may, from time
to time, be determined by the common council. He shall be executive
head of the town government, and he shall have the power, and it shall
be his duty, to see to the enforcement of all ordinances and laws of the
town, the enforcement of which is not specifically confined to some other
officer.

In case of temporary absence or incapacity of the mayor to discharge
his official duties, he may designate some member of the council to act
as mayor during such absence or incapacity, and the member of the coun-
cil so designated shall pro tempore be invested with all the authority
and powers of such mayor.

§ 5. There shall be an election held on the fourth Thursday in May
of each year, except as hereinafter provided, at some voting place or places
within said town to be designated by the council thereof, at which there
shall be elected three of the members of the common council, who shall be
residents of said town, and who may be voted for by the electors residing
therein entitled at the date of said election to vote for State officers. The
election, the returns thereof, and any contest in connection therewith,
shall be conducted in accordance with the general laws of the State of
Virginia with reference to elections in towns under five thousand inhabi-
tants, unless herein otherwise provided.

At the first term of the court of the county of Grayson, having original
jurisdiction for the trial of felony cases, held after the thirtieth day of
April of each year, except as herein otherwise provided, there shall be
appointed by the said court four other members of the common council of
said town, who shall be residents thereof. Such councilmen so elected
and appointed, together with the mayor, as presiding officer, shall con-
stitute the common council of the town of Fries. They shall qualify bv
taking the usual oath of office on or before the first dav of July, and shall
hold their office for one year from the first day of July next succeeding
their election or appointment, and until their successors shall have been
duly elected or appointed and qualified.

§ 6. The said council shall be the judges of the election, qualifications,
and returns of such of its members as are required under this charter to be
elected. Anv contest as to the appointment of anv member of the council
by the court or judge aforesaid shall be determined on appeal to the Su-
preme Court of Virginia. Anv vacancv occurring at any time in the office
of councilmen shall be filled by the council bv an clection to be held by
ballot, in which the mayor shall be entitled to vote.

§ 7. The said mayor and the members of the said council shall individ-
ually be invested with all powers, jurisdiction, duties, and emoluments
which by law are or may from time to lime be conferred on a justice of
the peace of the State of Virginia, or under this charter, for the enforce-
ment of the by-laws and ordinances of the town, and the general laws of
the State of Virginia, and for the prevention or suppression of unlawful
assemblies, disturbances, and violations of law, within the corporate limits
of said town, and outside thereof within two miles of the mouth of Eagle
Bottom creek, and to that end to try warrants, civil or criminal, and fine
and imprison malefactors, in manner and form as prescribed by law.

§ 8. The common council of said town shall have all of the powers con-
ferred by law upon the councils of towns having less than five thousand
inhabitants; all powers conferred upon it by the act of incorporation here-
inbefore referred to; such powers as may hereafter be conferred by law on
councils of towns having less than five thousand inhabitants, and es-
pecially the following powers:

(a) It shall have the power to make, ordain, and pass such ordinances,
rules, regulations, and by-laws as it may deem necessary and proper for
the good government and improvement of the said town, and for the
safety and prosperity of the inhabitants thereof, not in conflict with the
laws of the State of Virginia, nor of the United States, nor with the pro-
visions of this charter. It shall prescribe punishments for the violations
of any of the ordinances or by-laws of said town, whether by fine or im-
prisonment, or both. It may acquire and provide for a jail and such other
public buildings or places as may be necessary for the use of the said
town, and so much real estate as may be desirable to be used in connec-
tion with such buildings. It may provide for the conduct and manage-
ment of the said jail and public buildings and confinement of prisoners
who have been condemned to imprisonment for violation of the ordi-
nances of the said town, or the laws of the State of Virginia, and pre-
scribe regulations by which persons failing to pay fines assessed against
them shall be imprisoned in jail, and by which all persons so confined may
be required to work at hard labor during the time of their imprisonment,
but an appeal shall lie to the court of Grayson county from any judgment
of the mayor or any councilman of said town for money or property of
the value of ten dollars or more, or inflicting a fine of ten dollars or more,
or prescribing any punishment by imprisonment.

(6) The council shall have power to open, lay off. grade, improve, and
close streets and alleys within the corporate limits of the said town; to lay
off and improve sidewalks; to provide for, establish, and maintain a svs-
tem of water supplies, water works, lights and light works, sewerage and
drainage, and to acquire, erect, improve, and control such lands, build-
ings, and other properties as, in its opinion, shall be desirable for the
public interests of said town.

For the accomplishment of the purposes of this charter, and for the bet-
ter exercise of the powers conferred herein, the said council shall have the
right of eminent domain. and the right to condemn so much private
property, whether within or without said town, as mav be necessary for
such purposes: provided, just compensations and damages be ascertained
hy law, and paid therefor, and all proceedings for said purposes shall he
had as may he provided by the general laws of the State of Virginia. The
council shall have the power to make local assessments for streets, side-
walks, and alleys, sewers and such other improvements for which under
the general laws governing cities and towns in Virginia such local
assessments can be made, and the same shall be made and enforced as
provided by such general laws; and for the purposes of this charter, and
in the exercise of the powers herein conferred, the common council shall
have the power to use any money in the treasury not otherwise appro-
priated, and to issue the bonds of the said town for such amounts, and in
such denominations, and payable as the said council may prescribe: pro-
vided, no bonds shall be issued by the said town for any purpose whatso-
ever without the consent in writing of the owners, whether individuals
or corporations, of one-half in value of the real estate of said town, ex-
cept as hereinafter otherwise provided: provided, also, that in the event
it shall, in the opinion of the council, be desirable to borrow for tempo-
rary or current objects a sum of money not exceeding one thousand dollars
in any one year, the council shall, by the vote of a majority of its mem-
bers duly recorded, be authorized to do so, and to issue the obligations of
the town therefor, redeemable within two years from the date of such
issue.

(c) Said council shall have the power to pass all ordinances necessary
to prevent the running at large of hogs, dogs, horses, and other animals;
to prevent the encumbering of the streets, sidewalks, and alleys in any
manner whatsoever; to regulate sanitary conditions in the town, especi-
ally with reference to contagious and other diseases, and to that end shall
have the power of compulsory vaccination, and provide a hospital for
the protection of the health of the said town, and to abate nuisances at
the expense of those who cause them, and to properly care for and pro-
tect the cleanliness and sanitary condition of the town and its water sup-
ply; to restrain and punish drunkards, vagrants, mendicants, and street-
beggars; to regulate traffic on the streets of the said town; to prescribe
the number of policemen of the said town; to appoint and prescribe the
terms of office, conditions of, removal of the officers concerning whom no
special provision is made herein to the contrary. But no officer shall be
removed except for cause, and unless charges of misfeasance, malfeas-
ance, or non-feasance be brought against him, and he shall have had rea-
sonable notice of said charges and a fair trial, and with an opportunity to
be heard. It shall have power to fill all vacancies occurring in the offices
of said town from any cause whatsoever, whether such office be one origi-
nally filled by election or appointment, and in filling such vacancy the
mayor shall be entitled to vote. The person so appointed to fill such va-
cancy shall hold for the unexpired term of his predecessor.

It shall have power to adopt ordinances to prohibit the sale of wine,
ardent spirits, malt liquors or any mixture thereof, the adulteration of
such articles, and the sale of such adulterated articles within the terri-
torial limits of said town, and within one mile thereof, except where
herein otherwise provided, and to prescribe punishment, whether by fine,
imprisonment, or both, for violation of such ordinances.

The said council shall have the right to levy and collect such an annual
tax upon all the property—real and personal and mixed—and a license
tax upon all of the business conducted in said town, liable to be taxed
ACTS OF ASSEMBLY. 449

under the laws of the State of Virginia, or a license tax on which it is in
the power of the legislature to impose, as may be necessary to defray the
expenses of the conduct of the government of the said town and the im-
provement of the same, and the establishment and conduct of its public
schools, and it shall have power to prescribe, by ordinances and by-laws,
rules and regulations for the conduct of such government and improve-
ment of the said town, and establishment and development of the public
schools, the selection of the officers of said school, and for the disburse-
ment of all funds, in its judgment, proper and necessary to be disbursed
for the purposes of said town. °

§ 9. There shall be annually appointed by the said council in the
month of July of each year a town sergeant, a town treasurer, clerk of
the council, and such a number of policemen and other officers as to said
council may seem proper, who shall be charged with such duties and re-
ceive such compensation as shall be prescribed by the council. They shall
qualify on or before the first day of August of each year, and shall hold
their offices respectively for one year from the first day of August next
succeeding their appointment, and until their successors have been ap-
pointed and qualified, except in the case of the creation of any office not
herein especially provided for, the first term thereof shall be prescribed
by council, not to exceed one year, and it shall prescribe the time of the
qualification of such office.

§ 10. No wine, ardent spirits, malt liquors, nor any mixture thereof,
shall be sold within the corporate limits of the said town, nor within one
mile of such limits, without a license therefor duly granted by the court
of Grayson county having jurisdiction to grant license to sell such liquors,
as hereinafter provided. And the said court shall grant no licensee to sell
wine, ardent spirits, malt liquors, nor any mixture thereof, in any way
otherwise than by retail, and not to be drank at the place where sold,
within the territorial limitations aforesaid; nor shall license to sell the
same by retail be granted, unless upon the petition of the owners of two-
thirds in value of the real estate within said town, as ascertained by the
last preceding assessment of real estate, whether individuals or corpora-
tions, asking that such license be granted, nor shall such license be
granted to any person except some one designated by a resolution of the
common council of the said town.

Upon application to the said court of the party designated by the com-
mon council as aforesaid, and upon the presentation of the petition here-
inbefore mentioned, and upon compliance with the general laws of the
State of Virginia for granting license to sell liquor by retail, the court
shall grant such license to such applicant.

§ 11. The person so obtaining such license shall open at such place as
may be designated by the council a dispensary for the sale of wine,
ardent spirits, malt liquors, or any mixture thereof, by retail, and not to
be drank at the place where sold, and he shall conduct such dispensary
in conformity to the general laws of the State of Virginia with regard
to the selling of wine, ardent spirits, malt liquors, or any mixture thereof,
by retail.

§ 12. The party to whom such license shall be granted, and who shall

29
450 ACTS OF ASSEMBLY.

be designated as the manager of the dispensary, shall keep a strict ac-
count of all supplies purchased by him, of expenditures made by him,
and of money collected by him, and the books of his business, as well as
the stock on hand, shall always be open to the inspection of the treasurer
of the said town, and such other person as may be designated by the
council. The said dispensary shall be conducted under such rules and
regulations as said council may, from timc to time, prescribe; and the
said manager shall be under the supervision, direction, and control of
the said council, and he shall be paid such compensation as may be fixed
by the council at the time of making the application aforesaid. He shall
be removable at the pleasure of the common council, and upon his re-
moval the said court of Grayson county shall, upon the application of
said council, transfer the license aforesaid to whomsoever it shall desig-
nate: provided, the person so designated shall comply with all the re-
quirements of the general laws of Virginia in reference to granting said
licenses. The council shall have power to designate any assistants to
said manager, and fix the compensation therefor, and to contract with
said manager and said assistants for the services to be rendered.

It shall be the duty of the council to see that no supplies are adulter-
ated, nor impure or adulterated supplies are purchased or sold at said dis-
pensary, or within the limitations aforesaid, and it shall have the power
to prescribe punishment to any person adulterating any supplies, or pur-
chasing or selling any supplies which have been adulterated. The council
may require that there shall be kept in the said dispensary a book in
which shall be entered the name of every person who shall purchase any
supplies at the said dispensary, and the quantity so purchased by him,
and the price paid for such purchase, but said hooks shall not be accessible
to any person except the mayor, treasurer, and sergeant of the said town,
unless otherwise directed by unanimous vote of council. All the funds
derived from the sale of supplies at the said dispensary shall be kept or
deposited as required by the council, and at the end of each calendar
month, or oftener, if the council shall so direct, the manager shall sub-
mit to the treasurer of the town, or such other person as the council may
designate, an accurate account of the purchases, sales, expenses, and net
profits since the close of the last preceding calendar month, and shall pay
into the treasury of the said town the profits so realized.

All the profits derived from the said dispensary shall be kept separate
and apart from the other funds in the treasury. and, together with such
other funds as may be devoted to said purpose by the council, shall con-
stitute the school fund of the town, and shall be used only for the purpose
of establishment and conduct of public schools.

§ 13. The territorial limits of the said town as now defined. or as thev
may hereafter be established. and such other territory surrounding said
town, not greater than one mile in distance from the corporate limits
thereof, as mav be determined on by the said council, shall constitute a
separate school district, to he known as the “town of Fries district.” and
shall he subject to all of the provisions of the general school law. except
in so far as they may be modified by the provisions of this charter: pro-
vided, however, that at such time and place within said district as the
council of said town may designate, the question of including within said
district any territory outside of said town shall.be submitted to the qual-
ified voters residing in said district, but without the corporate limits of
said town, of which due notice shall be given by publication twenty days
in the newspapers published in the counties of Grayson and Carroll, and
by hand-bills duly posted. And said territory outside of said town shall
constitute a part of said school district or not, according as a majority
of said qualified voters shall vote.

§ 14. The schools of the said district shall be under the supervision of
a board of trustees, to consist of three residents of said district and the
superintendent of the public schools of the county of Grayson. It shall
be the duty of the council of said town to provide for the support of the
public schools in said school district upon estimates that may be fur-
nished by said school board, and for this purpose it may levy a pro rata
tax on all the real and personal property therein, not exceeding five mills
on every dollar thereof. All school funds raised by taxation or otherwise
within the limits of said school district shall be used exclusively for the
establishment and conduct of the schools therein. The school taxes shall
be collected and disbursed by the treasurer of said town, as county and
district school taxes are collected and disbursed, and the said school dis-
trict shall be exempt from any district school tax, except that herein pro-
vided for.

It shall be the duty of the council of the said town of Fries to pur-
chase real estate, if necessary, and to erect thereon suitable school build-
ings, and for this purpose the said council shall have power to borrow
money, not exceeding six thousand dollars; and for the payment of same
it shall have power to execute and issue bonds of said town, to be called
public school building bonds, either coupons or registered, and in such
denomination as said council may determine, and bearing a rate of inter-
est not exceeding six per centum per annum, payable semi-annually,
which bonds shall be payable on or before the expiration of twenty years
from their date. To provide for the payment of the interest and principal
of said bonds when due, and a sinking fund, an annual tax, in addition
to the tax provided for in the fourteenth section of this act, may be as-
sessed and levied by said council upon all the lands and subjects within
the said school districts liable to State tax and county and corporation
levies; the said tax to be collected as other municipal taxes of said town
are collected.

816. The title to said property shall be vested in the said school board
of the town of Fries school district, and the said buildings and other im-
provements, when completed, shall be turned over by said council to said
school board.

§ 17. The said school board, as soon after their appointment and or-
ganization as practicable, shall cause a census to be taken of the school
population of the said district, under forms to be furnished by the super-
intendent of public instruction, and shall report the same to the county
superintendent of schools, and thereafter all State school funds to which
said district shall be entitled shall be apportioned accordingly.

§ 18. For the purpose of maintaining the good order and peace of the
said town, under the authority of this act, the jurisdiction of the cor-
porate authorities thereof shall be, and the same is hereby, made to ex-
tend one mile beyond the limits of the said town.

§ 19. The warrants and processes of said mayor and councilmen may
be executed anywhere within the counties of Grayson and Carroll, and
within said town, by the sergeant, policemen, or any other officer upon
whom the ordinances of said town may confer such authorities, or by any
legal officer of the counties to whom the same may be directed, for the
violation of any of the laws of the State of Virginia, or of the ordinances
of the said town, within the said jurisdictional limits thereof.

§ 20. R. M. Cardwell, R. R. Hooker, George K. Bourne, 8. A. Dorsett,
S. S. Scott, Frank H. Williams, and J. Ring are hereby appointed and
declared councilmen, and W. F. Shaffner, declared mayor of said town,
who, upon qualifying by taking the usual oath of office before any officer
authorized to administer oaths, shall constitute, until the May election in
nineteen hundred and three, and until their successors are elected and
qualified as the law provides, the council of the said town of Fries, and
may organize and perform the duties of councilmen under this act of in-
corporation. And after qualification and organization as aforesaid, any
three of said councilmen, together with the mayor, shall constitute a
quorum for the transaction of business, and no election of councilmen
herein provided for shall be held, nor appointments of councilmen made
by the court of Grayson county, before the thirtieth day of April, nine-
teen hundred and three.

§ 21. This act shall be in force from its passage.