An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAP. 156.—An ACT to amend and re-enact an act approved March 22,
1871, to incorporate the town of Blacksburg, Virginia, and to provide
a new charter for same.
Approved March 12, 1912.
1. Be it enacted by the general assembly of Virginia, That
the town of Blacksburg, in the county of Montgomery, as char-
tered by act of assembly March fifth, eighteen hundred and nine-
ty-six, entitled ‘an act to incorporate the town of Blacksburg,
in the county of Montgomery,” and all acts amendatory thereof,
and amendatory of any acts amendatory thereof, as heretofore
laid off, and as may be hereafter extended, shall continue to be
a body politic in the name of the council of the town of Blacks-
burg, and as such shall have, exercise and enjoy all the rights,
immunities and powers, and be subject to all the duties now
incumbent upon the said town as a body politic; shall have and
exercise all the powers and be subject to all the provisions of the
Code of Virginia, except so far as may be herein otherwise
provided.
2. The municipal authorities of said town shall consist of a
mayor, sergeant, and six councilmen, who shall be elected every
two years by the qualified voters of the said town as hereinafter
provided.
3. The mayor and councilmen shall constitute the council of
said town, and all the corporate powers of said town shall be
exercised by said council, or under its authority, except when
otherwise ordered.
4. There shall be an election held on the second Tuesday
in June, nineteen hundred and twelve, and every two years
thereafter; the voting place to be fixed by the said council, of
which election and voting place the said council shall give at
least ten days’ notice prior to such election. The election shall
be held by three of the qualified voters of the said town, selected
by the electoral board of Montgomery county, and conducted
in the manner prescribed in the election laws of this State, at
which election there shall be elected a mayor, a sergeant, and
six councilmen for said town, and the persons receiving a plu-
rality of the aggregate votes cast for mayor and sergeant and
six councilmen respectively, shall, on qualifying as such, on or
before the first day of September next after such election, be
the mayor, sergeant and council respectively, of said town. The
mayor and councilmen so elected shall constitute the council of
said town. In case it is impossible to determine the candidate
who has received the highest number of votes by reason of a
tie, the commissioners of election shall, by lot, determine the
matter. The said commissioners of election shall examine the
returns, and notify the persons elected of their election, and
shall also certify said returns as prescribed by law governing
towns. The mayor, sergeant and councilmen shall go into office
on the first day of September next after the election, and shall
hold their respective offices for a term of two years. The mayor
shall preside at all meetings of the council, and in his absence
the council may elect one of their number to preside. He shall
exercise the powers and perform the duties given and required
by this act and the general laws of this State for the government
of towns of less than five thousand inhabitants.
5. The said council shall be the judge of the election of its
own members. When from any cause a vacancy shall occur in
the office of mayor, councilmen or sergeant, the same shall be
filled by the council at the next regular, or called meeting there-
of, for the unexpired term.
6. That the said council shall be vested with and exercise,
individually and collectively, all the powers and authority which
can be exercised by justices of the peace under the charter, by-
laws and ordinances of said town, and under the laws of the
State, for prosecuting and suppressing unlawful assemblies, dis-
turbances and violent or disorderly conduct, within the cor-
porate limits of the town. They shall have power to enforce
such fines, not exceeding one hundred dollars in amount, for
violation of the peace, as may be prescribed by ordinance of
said council, and may commit to jail of said county of Mont-
gomery until said fines are paid, and may compel such person
or persons so committed to work on the street and public works
or buildings for a term not exceeding four months, and shall
have exclusive jurisdiction in all cases arising under the by-
laws and ordinances of said town, and to issue any and all-proper
process, whether mesne or final, which may be necessary to en-
force their authority.
7. That for the purpose of carrying into effect the police reg-
ulations of said town, the said town shall be allowed the use of
the county jail of Montgomery county for the safe-keeping and
confinement of all persons who shall be sentenced to imprison-
ment under the ordinances of said town.
8. The said council shall have power to elect a treasurer and
clerk of said town, and to appoint all necessary police officers,
a town engineer, and town attorney, and prescribe their com-
pensations. The same person may, in the discretion of the
council, be appointed to hold, at the same time, more than one
office. The said treasurer, before he enters upon the duties of
his office, shall execute a bond, with sureties approved by coun-
cil, in such penalty as may be prescribed by said council, con-
ditioned for the faithful performance of his duties. The ser-
geant, before entering upon the performance of his office, shall
execute his bond, with a guarantee or bonding company approv-
ed by the said council, in a penalty to be prescribed by said
council, but not to be less than twelve hundred dollars, condi-
tioned for the faithful performance of the duties of his office.
During his continuance in office as sergeant of said town, he shall
have within the corporate limits of said town, and within one
mile around the same, the same powers and perform the same
duties, and receive the same fees, and be liable to the same pen--
alties as a constable; and in addition to the powers conferred
upon town sergeants by the general laws of this State, the ser-
geant of said town and all police officers appointed by the mayor
or council thereof shall have all the powers conferred by law
upon special police; and shall have power to arrest without war-
rant and take before the mayor any and all persons who shall
violate any ordinance of the town or law of this State in their
presence; and it shall be their duty to swear out warrants of
arrest for any person or persons where he has reason to believe
an offence has been committed. In collecting the town taxes,
the said sergeant may distrain and sell therefor in like manner
as a county treasurer may distrain and sell for State taxes, and
shall have in other respects like powers to enforce the collection
thereof. Should the office of sergeant become vacant by his
removal from the limits of said town, resignation or otherwise,
the said council shall have power to appoint a sergeant, to serve
as such for the unexpired term. The said sergeant by and with
the consent of the council, can appoint one or more deputies, and
require bond for same, with penalty conditioned for the faith-
ful performance of their duties. The council shall have power
to remove any officer enumerated in this act for malfeasance or
misfeasance in office.
9. That the mayor or any three of said councilmen shall
have power to summon a meeting of said council, upon a call
in writing, stating the object of the meeting, which meeting
shall be composed of not less than four councilmen, who, in the
absence of the mayor, may elect one of their number mayor
pro tempore. Each councilman present shall have one vote, ex-
cept the mayor, who shall have no vote at any meeting, except
in the case of a tie. The said council, moreover, shall keep a
complete record of all their proceedings and accounts in suitable
books, and deliver such to their successors in office, and the same
shall at all times be open to the inspection of persons qualified
to vote. |
' 10. That the said council shall also have power and author-
ity to make all necessary provisions to prevent accidents by fire;
to designate such parts of said town as it may deem advisable
within which no building of wood shall be erected; to regulate
and control the erection of all buildings, bv ordinance, and to
order the removal of any building which shall hereafter be erect-
ed contrary to such regulations at the expense of the builder
or owner thereof, and to cause any building which clearly ap-
pears to be unsafe to be taken down at the expense of the owner
thereof; to supply the town with water for all necessary pur-
poses; to prevent the pollution of water and injuries to the water
works, it shall have jurisdiction now or as may hereafter be
given by the general law to towns for such purpose, to organize
fire companies; and to purchase engines, hose, fire hooks, lad-
ders, and other fixtures necessary and useful for preventing ac-
cidents by fire; to establish, enlarge, maintain and operate a
system of sewerage, gas works, electric light works, poor house
for the reception and maintenance of the poor and destitute,
burying ground and stone quarry, within or without the said
town, and to contract or agree with the owner or owners of the
land for the use or purchase thereof, or to have the same con-
demned according to law, for the location, extension, or enlarge-
ment of its said works, water pipes, wire and fixtures, connected
therewith, poor house, burying ground, and stone quarry, and
shall have the power by ordinance or otherwise to protect from
injury the said works, pipes, wire, fixtures and land, or anything
connected therewith, whether within or without the limits of
the said town. The council of said town shall also have power
and authority to negotiate any loan or loans; in the manner pre-
scribed by law, for the purpose of buving necessary real estate,
for the erecting of buildings, for the purchase of any and all
material for its water works, gas, or electric light works, poor
house, burying ground, quarry, and its sewers, and the construc-
tion of the same, and for the general improvement of the town,
so that the amount borrowed shall not exceed that allowed by
law; and shall also have authority to issue registered or coupon
bonds for said loan or loans, payable at not more than thirty
vears after date of said bonds, bearing interest at a rate not
greater than six per centum per annum, payable semi-annually.
They shall also have power and authority to establish markets
and regulate the same, to regulate the sale of fresh meats of all
kinds and to regulate huckstering and peddling upon the streets
of the town; to graduate and pave, or in any other manner im-
prove the streets, walks, and alleys of said town, and have them
kept in good order, and properly lighted and paved, and to re-
quire the payment by the property owners benefited by such
works or improvements, of such portion of the costs thereof as
may be allowed by law, and to make such sum a lien upon their
real estate, and collectible in the same manner as is hereinafter
provided for the collection of taxes generally; to prevent the cum-
bering or obstruction of the streets, sidewalks, alleys, lanes, or
bridges in the said town in any manner whatsoever, and to have
full and complete control of same; to change, direct and pro-
tect the water courses in said town; to prevent and punish by
reasonable fines, the practice of firing guns, or in any manner
setting fire to powder, within the said town; to regulate and
direct the location of all buildings for storing gunpowder, nitro-
glycerine, dynamite, or other explosives; to regulate and pro-
hibit the exhibition of fireworks and the making of bonfires in
sheds and yards within the said town; to license and regulate
shows and other public exhibitions, and the same to tax to such
extent as they may deem reasonable and expedient; to prescribe
rules for the orderly building of houses and chimneys; to regu-
late blacksmith shops and all other shops, structures and busi-
ness considered likely to occasion accidents by fire, and the erec-
tion of stoves and stove-pipes; to regulate the erection of privies,
stables and cow sheds, and prescribe their locations; to regulate
butcher stalls and slaughter houses; to remove and abate nui-
sances within said town at the expense of those who may occa-
sion them, or of the owner or owners of the land whereon the
same may be; to restrain the exercise of any dangerous, offen-
sive or unwholesome business, trade or employment therein; to
prevent the sale of cider of any kind except the pure juice of
the apple when offered for sale by the person, firm, or corpo-
ration growing the fruit from which the cider is made; to re-
quire and compel the owners or occupants of houses in the town
to connect their water closets and water drains with the sewers
of the town, or otherwise comply with such regulations as to
sewerage as the council may prescribe; to prohibit horses, mules,
hogs, dogs, cows, and other animals from running at large with-
in the limits of said town; to prohibit and regulate the raising
and keeping of hogs in said town, or any part thereof; to pre-
vent the exhibition of stud horses and jackasses in said town;
to prevent the riding, driving, or movement of horses or ani-
mals or vehicles of any kind at a fast or improper speed, throw-
ing stones, or committing any act, on the streets, sidewalks, or
allevs, dangerous to or annoying to persons on same, and to pun-
ish the abuse or cruel treatment of horses or other animals in
said town; to prevent vice and immorality, obscenity, or pro-
fanity, to restrain and punish drunkards and street beggars and
vagrants, to suppress houses of ill-fame and gambling houses,
and punish persons engaged in gambling; and generally to pass
all by-laws, ordinances, or regulations, or orders not contrary
to the constitution and laws of the United States or of this
State, which the said council may think necessary and proper
for carrying into effect the foregoing powers, and such other
powers as are now and may hereafter be vested in them by
the laws of this State, and to amend or repeal the same at their
pleasure, and to enforce the observance of such by-laws, ordi-
nances, orders and regulations under penalties not exceeding
one hundred dollars, or imprisonment not exceeding six months,
or both, fines to be recovered, with costs, in the name of said
town before the mayor, or any councilman of said town, in the
absence of the mayor, and applied in aid of the taxes imposed
upon said town.
The council shall have the power to appoint a board of health
to settle all questions of sanitation and for the protection of the
said town. It shall have the power by ordinance to set forth
the duties of said board and may at any time call for the resig-
nation of any or all members thereof if, in the opinion of the
council, said member or members of said board are not doing
their duty. The board shall have at least one doctor on same.
In order to better preserve the public health, the council of said
town shall have the power to extend its water and sewer lines
to inhabited districts outside of and adjacent to the corporate
limits and to sell water to and collect a sewer tax from the in-
habitants of such districts. The council of said town shall have
the power to create a plumbing board, whose duty shall be to
license plumbers. The town shall provide by sinking fund or
otherwise, a proportion of the annual income of said town, which
will pay off and discharge any bond issue under the provisions
of this section.
11. That the council of said town may appoint annually an
assessor, if deemed necessary, who shall be a qualified voter of
said town, and who shall assess the value of all the real and
personal property in the corporate limits of said town. And
said council shall have power and authority to levy and collect
annually a tax on the real and personal property in the corpo-
rate limits of said town, and on such other subjects within the
said town as are or may be taxed by the revenue laws of the
State, or allowed by this charter, and on dogs belonging to per-
sons residing in said town, and for the privilege of carrying
on any business, trade or profession within the corporate limits:
provided, that the tax on real estate shall not exceed one dollar
on every male resident over twenty-one years of age in any one
year, who is not pensioned by the State for military service;
and for the purpose of carrying on any trade, business, occupa-
tion or profession within said town by persons residing without
the corporate limits, the tax shall not exceed in any one year
the tax imposed by the said council on persons residing within
the corporate limits for carrying on like business, trade, profes-
sion, or occupation. Should any person carry on any such trade,
business, profession, or occupation without obtaining license
therefor and. paying the tax required by ordinance, he shall be
prosecuted as for violation of the ordinances of said town as
heretofore provided.
12. That in order the better to determine who shall be liable
to taxation in the said town under this act, it is hereby declared
that all persons liable to taxation as hereinbefore provided, and
residing in, or in pursuit of any business, trade, or occupation,
calling, or profession in said town, as aforesaid, on the first day
of Iebruary, annually, shall be subject to taxation the current
year.
13. Whenever the said council shall decide to open, graduate,
curb and pave, and otherwise improve the streets, sidewalks,
alleys, and footways within said town, and have the same kept
in good order and properly lighted, and to build culverts and
sewers, they shall determine what portion, if any, of the ex-
pense thereof shall be paid by the town, and what portion shall
be paid by the owners of the real estate benefited thereby: pro-
vided, that unless by special agreement, the portion assessed
against the abutting landowners shall not exceed one-half of the
total cost thereof, and shall not be in excess of the peculiar bene-
fits resulting therefrom to such abutting landowner; and pro-
vided, further, that in ease of sewers, no lot shall be liable to spe-
cial or abutting assessment until the sewer pipes are so laid that
the same can be used by the occupant on grade line established on
streets or allevs on which said lot abuts, nor unless proper facili-
ties for obtaining the water from the water system of said town
be furnished for said lot. But no such improvement shall be made,
the cost of which is to be defrayed in part by a local assessment,
until first requested by a petition from not less than three-
fourths of the landowners to be affected thereby, or unless three-
fourths of the council shall concur in voting by a recorded vote
that such improvement is expedient and should be made, in
Which case no petition shall be necessary. If no petition is
filed, the council shall, before proceeding to make said improve-
ments, have prepared by the town engineer a plan of said im-
provement and an estimate of the cost of same, and shall give
notice, to be served in the manner provided by law for the ser-
vice of notices, to the abutting landowners, not less than ten
davs in advance, notifying them when and where they may ap-
pear before the council to be heard for or against such improve-
ment. After such hearing, if the council shall determine to have
such improvement made, it may order it to be made, and after
the work shall be completed, and the total cost of such improve-
ment snall have been ascertained, the same shall be apportioned
by the council, or under its direction, between the town and the
abutting landowners as may be provided by law. The amount
assessed against each landowner, or for which he jis responsible
by agreement, shall be reported by the council to the sergeant,
the collector of the town taxes, and shall be reported to the clerk
of Montgomery county, as hereinafter provided, and the council
shall prescribe the time and manner in which the said assessment
shall be payable. When the apportionment is not fixed by agree-
ment, notice, to be served as legal process is served, shall be
given to each abutting landowner, notifying him of the exis-
tence of such report, the place where the same can be seen and
inspected, and of the amount assessed against his land. Notice
to an infant or insane person may be served on his guardian or
committee, and to a non-resident of the State by order of pub-
lication, or by mailing same to his address, or may be served on
his agent or tenant, and said notice shall cite such person to
appear before council, upon a day stated therein, not less than
fifteen days from the service of said notice, and at a place desig-
nated therein, and show cause, if any he can, against said as-
sessment. Said apportionment shall stand as to all persons not
appearing and objecting thereto, and shall be a lien on the land
so’ charged, enforceable as other town taxes against real estate
in said town, or by a suit in equity. Any person objecting there-
to may appear in person, or by attorney, before the said council,
at the time and place designated in said notice and shall be heard
at that meeting or at a subsequent one. If the said council
shall overrule his objections, then the party shall have the right
of appeal, within ten days from the date of such decision, to the
circuit court of Montgomery county, and the clerk of the coun-
cil shall, when appeal is taken, immediately deliver to the clerk
of the said court the original notice, with the judgment of the
council endorsed thereon, and the clerk shall docket same accord-
ing to law. Every such appeal shall be tried by the court, or
upon five days’ notice to the adverse party by the judge thereof
in vacation, in a summary way, without pleading in writing,
and without a jury. All legal evidence produced by either
party shall be heard, whether the same was produced or not be-
fore the council, from whose decision the appeal is taken. The
amount assessed against such landowner, or as fixed by agree-
ment with him, as ascertained as proper to be paid by the ap-
pellant upon appeal, shall be a lien upon the abutting land of
such person or persons, enforceable as other town taxes against
real estate therein, or by a suit in equity, and if said assess-
ments are reported to the town sergeant, and recorded by the
clerk of Montgomery county, as provided in section fourteen
of this charter, the same shall be notice of the lien thereof, and
said real estate shall be liable for said assessments as against
creditors and purchasers, or other persons into whose hands
the said real estate may pass. In all cases where a lessee or ten-
ant shall pay, or be required to pay, any expense of any pave-
ment, or for other improvement to same, along the side or sides
of the land or lot by him occupied, for which land or lot, by
contract, with his lessor or landlord, he shall be found to pay
rent, the amount of any such expense paid by him or collected
from him, or made out of his property, shall be a good and valid
offset against so much of the rent due or accruing to his lessor
or landlord.
14. Corporate lines.—Beginning at a stake in a line dividing
the lands of W. H. Palmer and Edward Black (standing north
eighty-eight degrees, east three hundred and ten and three-
tenths feet from the northeast corner of a stone springhouse of
the said Palmer); thence north four degrees and ten seconds,
east twelve hundred and fifty-six and four-tenths feet, to the
stake in line of Edward Black (where line dividing lands of A.
W. Luster and P. H. Marrow intersects with said Blackford
line) ; thence north seventy-five degrees and twenty seconds,
west three hundred and sixty-five and six-tenths feet, crossing
the Blacksburg and Fincastle road at four hundred and ninety-
five feet, and the Blacksburg and Newport road at thirty-six
hundred feet, to a stake on the lands of Jacob Keister; thence
north sixty-one degrees to a stake on said Keister’s land; thence
south twenty-nine degrees and ten minutes, west ten hundred and
thirty-seven and seven-tenths feet, to a stake on the northeast
side of Blacksburg on the land of H. D. Wade; thence south’
seventeen degrees and forty minutes, west eight hundred and
sixty-six feet, to a stake on N. R. Staenger’s land; thence south
sixty-seven degrees and ten seconds, west six hundred and sev-
enty-one and three-tenths feet, to a stake and street dividing
land of N. R. Staenger and Virginia A. A. and M. C..; thence with
said street forty-nine degrees east ten hundred and seven feet,
to a stake on southwest side of Pepper’s ferry road; thence
south sixtv-two degrees and thirty minutes west one hundred
and forty-four feet with line of said college, to a stake on south-
west side of Pepper’s ferry road; thence south fifty-five degrees
and two minutes, west six hundred and eighty-six feet, to a
stake on land of R. W. Camper; thence north forty-six de-
grees and seventeen minutes east to a stone planted on the south
side of Giles road; thence south forty degrees, east six hundred
and twenty-eight feet, to a stone south fifty-two degrees and
twenty minutes, west twelve hundred and seventeen and five-
tenths feet, to center of College avenue; thence south twenty-
six degrees and fifty-seven minutes, east nineteen hundred and
ninety-four feet, to a stake of Dr. P. Black; thence north eighty-
eight devrees and forty minutes, east eight hundred and sixty-
eight feet, to a stake on land of C. H. Miller; thence north thirty-
eight degrees and forty minutes, east twenty-four hundred and
eighteen and four-tenths feet, to beginning—the same shall be,
and is hereby made a town incorporate in the name aforesaid,
and by that name shall have perpetual succession and the powers
conferred upon towns of less than five thousand inhabitants by
the general laws of the State of Virginia, and shall be subject to
all the provisions and limitations that may now and may here-
after apply to such towns so far as the same is not inconsistent
with this act. ,
15. That all taxes, whether general or special, assessed upon
said land or lot, in said town, are hereby declared to constitute
a lien upon such land or lot, as to general tax levies from the
commencement of the year for which they were assessed, and as
to special taxes and levies for the time assessed, and if the ser-
geant of said town shall not be able, with due diligence to col-
lect the said taxes by the first day of August of the year after
the same were assessed, he shall make out lists of such as can-
not be collected, in same manner as county treasurers are requir-
ed to do in all cases of delinquent State taxes, and present said
list to the said council at its first regular meeting thereafter.
The said council shall examine said lists, and if approved, shall
credit the said sergeant with the amount of same, and shall have
its clerk certify a copy of said list to the county clerk of Mont-
gomery county, to be by him recorded in a book furnished by the
said council, similar in manner and form to that provided for
the record of delinquent taxes on real estate due the State, and
shall also certify a copy of the said list to the treasurer of Mont-
gomery county, to be used by said treasurer in accordance with
the law regulating the sale of delinquent lands, and in the said
book there shall also be columns for the entering of the names
of purchasers and the amount and date of sales of the real
estate sold by the said county treasurer for delinquent taxes
due the said town. This record shall be held as notice of the
lien thereof, and the said real estate shall be liable for such tax
as against creditors and purchasers, or other persons into whose
hands the said real estate may pass. The said clerk shall be en-
titled for each entry of lots in said record book to a fee of ten
cents, and a fee of ten cents for the entry of each name of pur-
chasers, with date of sales, and a fee of twenty-five cents for
each redemption entered, to be paid by the town of Blacksburg,
and to be charged against and be a lien upon said land, along
with the taxes and levies against same. When the county treas-
urer sells the land for non-payment of State taxes due the State,
he shall include in such taxes the amount due the town, and he
shall collect and account for same, except where the State is the
purchaser. If the land is not delinquent for State taxes, he shall
nevertheless sell for the town taxes. The sales and report of
sales and confirmation of same shall be in accordance with the
law connected with and regulating the sales of delinquent lands
for the non-payment of State taxes, and the said council shall
charge the said treasurer with whatever may be due from him on
account of said sales, less a commission of ten per centum to
the said treasurer. No land or lot, or parts thereof, shall be
sold for less than the amount of taxes, levies, interests, penalties
and costs, and if no bids shall be received at such sale for said
amount and the Commonwealth is not the purchaser, the same
shall be bid in and purchased by the said treasurer for the said
town, in which event the said treasurer shall execute to the said
town a certificate of sale, in which the description and local sit-
uation of the property, the name of the person assessed with
same, the amount of taxes, levies, interest, penalties, and costs,
and the date of sale, shall be specified, and shall deliver the same
to the clerk of the council, to be by him preserved; and also to
the county clerk of Montgomery county, to be by him recorded
in said book. Any one having the right to redeem said land may
redeem same within the time allowed by law for the redemption
of real estate sold for delinquent taxes due the State, by paying
to the county clerk of Montgomery county the taxes, levies, pen-
alties, interest and costs due upon said land. At the expiration
of the time within which the said real estate may be redeemed,
as provided by law, for the redemption of real estate sold for de-
linquent taxes due’ the State, if same has not been redeemed, a
deed shall be executed to the purchaser by the county clerk of
Montgomery county, according to the provisions of the statute
law, providing for the execution of deeds to purchasers of de-
linquent lands sold for State taxes. The council of the said town
shall, after four months from the expiration of the time for said
redemption, have recorded in the deed book of the clerk’s office
of the county clerk of Montgomery county, the certificate of
sale made by the county treasurer and heretofore referred to,
with the oath of the said county clerk attached thereto, that the
said real estate has not been redeemed; and thereupon the said
town of Blacksburg shall acquire an absolute title to same;
provided, that four months’ notice of its intention to have such
certificate recorded shall be given to all persons having the right
to redeem the said real estate; and any one having such right
may redeem the same at any time before the expiration of the
said four months. The said certificate, or record thereof, or a
certified copy thereof, shall be evidence of the facts therein stat-
ed, in all courts and other places of this commonwealth; pro-
vided, however, that the failure to obtain or record such certifi-
cate shall not affect the lien of the town of Blacksburg for the
taxes assessed against such real estate, but the said town may,
at any time, elect to enforce its lien for taxes in a court of equity,
and release its rights as purchaser or to become a purchaser of
said real estate. The said council shall have a right to impose a
penalty of five per centum upon all taxes and levies not paid by
December first of the year in which the same are assessed.
16. That the said council shall also have power to lay off
and open streets, cross streets, and alleys of such width and
extent as said council may think fit and convenient, and alter
those already laid off and opened, or such as may hereafter be
laid off or opened, whether within the original or extended lim-
its of the town.
17. The circuit court of the county of Montgomery, or the
judge of same, shall, upon the petition of either the said town
or the said county, proceed to ascertain and fix by a proper de-
cree, the amount of the bonded debt of the said county which
should be assumed by the said town on account of the territory
taken from the said county by this act, which amount shall bear
the same proportion to the whole bonded debt of the said county,
that the present assessed value of the real and personal prop-
erty taken from the said county by this act, including railroads
and street railways, bears to the present assessed value of the
whole real and personal property now assessed for taxation in
said county; and the foregoing sections of this act shall not be-
come effective until and unless the council of said town shall,
hy a proper ordinance or resolution, assume in behalf of said
town the payment of the amount to be assumed by it as ascer-
tained and fixed as herein provided.
18. That the said town and the taxable persons and property
therein shall be exempt and free from any poor rates and road
taxes, and from contributing to any county expenses except as
hereinafter provided, and the said town shall, at its own expense,
provide for its own poor and keep its own streets in order.
19. That for the purpose of maintaining the police regula-
tions of said town under the authority of this act, and for no
other purpose, the jurisdiction of the corporate authorities
thereof shall be, and the same is hereby, made to extend one
mile beyond the limits of the said town.
20. That the by-laws heretofore passed by the trustees or
aldermen of said town, and which have not been repealed and
are not in conflict with the laws of this State, shall be and con-
tinue in force until altered or repealed by the council of said
town.
21. The council may, by proper ordinances, erect in or near
said town suitable houses of correction or reformation, and shall
have the right to use the jail of Montgomery county as a station
house for the confinement of all persons charged with a violation
of the ordinances of said town until such time as said persons
may be tried for said violation, and for the confinement of all
persons sentenced to imprisoment by the mayor or any council-
man of said town, the said town to pay all charges incurred or
incident to said imprisonment.
22. The said council shall have the authority to permit
railroads, to be operated either by steam, horse, or electric power
to be built or laid through the streets of said town, and to re-
gulate the speed, designate the routes and grades, and limit the
rates of charges between points within the corporate limits for
passengers and freight by street railways, and may wholly ex-
clude the same when the welfare of the town demands such ex-
clusion. The said council shall also have the power to restrain
and regulate the speed of bicycles, traction engines, locomotives,
engines, cars, automobiles, motorcycles, and other vehicles with-
in said town.
23. The said council shall have power, by proper ordinance,
to prevent and punish the selling of liquor and intoxicating
drinks in said town, also the selling or giving of any intoxicat-
ing liquor to any minor; also the selling or giving of cigarettes
to any minor under sixteen years of age, without the consent
in writing of his or her parent or guardian, and for any viola-
tion of any such ordinance there may be imposed by said council
such fines and penalties as the said council may prescribe, the
fine not to exceed one hundred dollars and imprisonment — not
to exceed six months.
24. That the said town shall have the right to establish, or
cause to be established, gas and electric works for the use of the
sald town. |
25. That all registrations of voters and elections held in the
said town shall be as provided by the constitution and laws of
this State.
26. That all acts and parts of acts concerning the town of
Blacksburg, in the county of Montgomery, or the lands and lots
therein, which are in conflict with or contrary to the provisions
of this act, shall be, and the same are hereby, repealed.