Chap. 95.—An ACT to amend and re-enact sections 6, 10 and 11 of an act en-
titled an act to amend and re-enact an act approved March 30, 1871, entitled
an act to incorporate the town of Strasburg, in Shenandoah county, ap-
proved March 19, 1884.

Approved February 29, 1908.

1. Be it enacted by the general assembly of Virginia, That an act to
amend and re-enact sections six, ten and eleven of an act entitled “an
act to amend and re-enact an act approved March thirtieth, eighteen
hundred and seventy-one, entitled an act to incorporate the town of
Strasburg, in the county of Shenandoah,” approved March nineteenth,
eighteen hundred and eighty-four, be amended and re-enacted so as to
read as follows:

§6. The mayor of the town 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 town, and in criminal
matters within said limits and one mile beyond same; and shall have
power to issue process, hear and determine all prosecutions, cases and
controversies which may arise under the by-laws and ordinances of the
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 circuit
court of the county from their decisions in both civil and criminal
matters in the same manner, and upon the same terms, and be tried in
the same way as-appeals from the decision of the justice are taken and
tried in like cases, except that no appeal shall be granted from the
decision of the mayor or the member of the council trying same im-
posing a fine for the violation of any of the ordinances or by-laws of
said town for offenses not made criminal by the common law or the
statutes of Virginia until and after bond be given by the person so
fined, with security approved by the officer imposing the same, or the
mayor, conditioned to pay all fines, costs, and damages that may be
awarded by the said court on appeal; the penalty of said bond to be
double the sum sufficient to pay all such fines, costs and damages.
Should the decision of the officer rendering the same be affirmed, in
whole or in part, the said court shall enter judgment against the said
principal and surety for the amount so affirmed, with cost, before the
officer trying the same, and the costs of the appeal and execution shall
be issued thereon in the name of the town against both principal and
surety.

§10. They shall have power and authority to condemn, sell, and con-
vey property belonging to the corporation for the purpose of grading
and paving, and in any other manner improving the streets, sidewalks
and alleys of said town; to prevent and punish, by reasonable fines, the
practice of firing guns or pistols, or in any manner setting fire to
powder, and of all else detrimental to the peace and quiet of said town;
to license and regulate theatres, shows, performances, and other public
exhibitions, hobby-horse machine, merry-go-round and other like ma-
chines within the corporate limits, or within one mile thereof, and
generally to pass all by-laws and ordinances not contrary to the laws
of this State which the said council may think necessary and proper
for carrying into effect the foregoing powers, or such as hereafter may
be vested in them, and to enforce such by-laws, under penalties not ex-
.ceeding fifty dollars for each offense, to be recovered, with costs, in the
name of the corporation as hereinbefore provided.

§11. The council shall have power, whenever it may deem expedient,
to require the sidewalks or footways along any street, or public alley,
or portion thereof, to be curbed or re-curbed, and paved or repaved, or
otherwise improved and repaired, and the cost of same shall be appor-
tioned in pursuance of an agreement between the town and the abutting
land owners, but in the absence of such agreement no improvement (the
cost of which is to be defrayed in part by such local tax or assessment)
shall be ordered, except on a petition from not less than three-fourths
of the land owners to be affected thereby, or by two-third vote of all
the members elected to the council; but when no-petition is filed, notice
shall be given to the abutting land owners not less than ten days in
advance, notifying them when and where they may appear before the
council to be heard for or against such improvement; -but no such notice
shall be necessary when the owner is a non-resident or is not sui juris.
The cost of such improvement, when the same shall have been ascer-
tained, shall be apportioned by the council between the town and the
abutting land owners: provided, that except when it is otherwise agreed,
the portion assessed against the abutting owners shall not exceed one-
third of the total cost. The amount assessed against each land owner,
or for which he is liable by agreement, shall be reported forthwith to
the collector of taxes, who shall enter the same as provided for other
taxes. When the apportionment is not fixed by agreement, notice thereof
and of the amount assessed against him shall be given each of the then
abutting owners, and he shall be cited thereby to appear before the
council not less than fifteen days after the service of such notice, at a
time and place to be designated therein, to show cause, if any he can,
against such assessment. Notice to an infant or insane person may be
served on his guardian or committee, and notice to a non-resident of
the State may be mailed to him at his place of residence or served on
his agent, if he have one within the State, or if he have no such agent.
on the tenant of the freehold. Any owner wishing to make objections
may appear in person or by counsel before the council. If his objec-
tions are overruled, he shall have an appeal as of right to the circuit
court of Shenandoah. When an appeal is taken the clerk of the council
shall immediately deliver to the clerk of the said court the original
notice relating to the said assessment with the judgment of said council
endorsed thereon, and the clerk shall docket the same. Every such
appeal shall be tried by the court, or the judge thereof, in a summary
way, without pleadings in writing and without a jury, in term time or
in vacation, after reasonable notice to the adverse party, and the hearing
shall be de novo.

The amount assessed against each land owner, or. fixed by agreement
with him, shall be a lien on his abutting land from the time when the
council assesses or fixes the amount thereof, subject, however, to his
right of appeal and objection, as aforesaid, and may be enforced by a
suit in equity: and, provided, that as against a purchaser for value and
without notice, such assessment or tax shall not be a lien and except
until it shall have been reported to the collector as above provided.