Chap. 144.—An ACT to amend and reenact an act entitled an act establish-
ing several towns, approved December 14, 1796, as amended by an act
entitled an act concerning the town of New Market, in the county of
Shenandoah, approved January 13, 1806, as amended by an act entitled
an act appointing trustees for the town of New Market, in the county
of Shenandoah, and prescribing their powers and duties, approved on
the 16th day of March, 1840, as amended by an act to amend an act
entitled an act enlarging the town of New Market, in the county of
Shenandoah, approved March 28, 1871, as amended by an act entitled
an act to incorporate the town of New Market, in the county of Shen-
andoah, approved December 25, 1872, as amended by an act entitled an
act to enlarge the corporate limits of the town of New Market, in the
county of Shenandoah, Virginia, approved January 31, 1890, as amended
by an act entitled an act to amend an act entitled an act to incorporate
the town of New Market, in the county of Shenandoah, approved Decem-
ber 25, 1872, in relation to procuring council’s certificates to sell beer,
wine, liquor, ardent spirits, or any mixture thereof, approved Febru-
ary 19, 1892; and to provide a new charter for said town of New
Market. (H. B. 444.)

Approved March 20, 1914.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act establishing several towns, approved Decem-
ber fourteenth, seventeen hundred and ninety-six, as amended by an
act entitled an act concerning the town of New Market, in the
county of Shenandoah, approved January thirteenth, eighteen hun-
dred and six, as amended by an act entitled an act appointing trus-
tees for the town of New Market, in the county of Shenandoah, and
prescribing their powers and duties, approved on the sixteenth day
of March, eighteen hundred and forty, as amended by an act en-
titled an act enlarging the town of New Market, in the county of
Shenandoah, approved March twenty-eighth, eighteen hundred and
seventy-one, as amended by an act entitled an act to incorporate the
town of New Market, in the county of Shenandoah, approved De-
cember twenty-fifth, eighteen hundred and seventy-two, as amended
by an act entitled an act to enlarge the corporate limits of the town
of New Market, in the county of Shenandoah, Virginia, approved
January thirty-first, eighteen hundred and ninety, as amended by
an act entitled an act to amend and act entitled an act to incorpo-
rate the town of New Market, in the county of Shenandoah, ap-
proved December twenty-fifth, eighteen hundred and seventy-two, in
relation to procuring council’s certificates to sell beer, wine, liquor,
ardent spirits, or any mixture thercof, approved February nine-
teenth, eighteen hundred and ninety-two, be amended and re-enacted
¢_ as to read as follows:

Sec. 1. Be it enacted by the general assembly of Virginia, That
the town of New Market, in the county of Shenandoah, as the same
has heretofore been, or hereafter may be, laid off into lots, streets
and alleys shall be and is hereby made a town corporate, by the name
of the town of New Market, and as such shall have and exercise
the powers conferred upon towns by the Code of Virginia, edition
of eighteen hundred and eighty-seven, and acts of assembly subse-
quent thereto, and subject to all provisions of said Code and sub-
sequent acts and to those to be hereafter enacted in reference to the
government of towns, so far as the same are not inconsistent with
the provisions of this act.

Sec. 2. The territory of said town shall be embraced in the
following boundaries, to-wit: Beginning at a stone in the line be-
tween the lands of Gideon Koiner and the heirs of A. Henkel, de-
ceased; thence south twenty-seven and three-fourths degrees west
two hundred and fifty-six poles, to a point in Strayer’s spring
branch, near an oak tree; thence north sixty-two and one-fourth
degrees west one hundred and two poles to a stone near a large
rock; thence north twenty-seven and three-fourths degrees east two
hundred and fifty-six poles to a stone; thence south sixty-two and
one-half degrees east forty-eight and six-tenths poles to the east
edge of the Valley turnpike; thence down said road, north twenty-
nine and one-fourth degrees east fifteen and three-tenths poles to
Gideon Koiner’s corner on turnpike; thence with Gideon Koiner’s
line south forty-six and one-half degrees east fifty-four poles to the
beginning.

Sec. 3. No license to sell strong, or spirituous liquors, wine.
beer, ale or porter, or drinks of like nature within the town of New
Market, Shenandoah county, or within one mile of the boundary
thereof shall be granted by the circuit court of Shenandoah county.
or any other authority, unless the party applying therefore shall
produce to said court, or other authority, the certificate of the
council of said town giving its consent to the granting of such
license. The council may require from persons so licensed to sell
strong or spirituous liquors, and so forth, as stated above, a bond
with sufficient security, payable to said town, in a penalty not ex-
ceeding five hundred dollars, and may for violations of the laws of
the State and ordinances of the said town governing the sale of
ardent spirits, or of the conditions of the bond hereinbefore pro-
vided for, of which violations the council shall be the sole judge
on the evidence, withdraw its certificate for such license; but before
doing so the council shall summon such party before it and give him
full opportunity to make his defense, and thereupon the license-
granting power shall, upon application of said council, revoke such
. license.
The said council shall have the right to require a license for
every person engaging in the sale of ardent spirits, and to impose
a tax thereon not to exceed the sum of five hundred dollars for the
use of said town.

Sec. 4. The council may grant or refuse license to parties de-
siring to operate billiard or pool saloons and bowling alleys, and
in the event licenses are granted, the said council shall have the
right to regulate such saloons or bowling alleys; shall have the
power to establish reasonable opening and closing hours, and such
other regulations as it may deem best for the peace and good order
' of the town; it shall have the right to impose a tax on each license
granted not exceeding fifty dollars for one table and twenty-five |
' dollars for each additional table, and not exceeding fifty dollars
on a bowling alley, and twenty-five dollars for each additional alley
exceeding one.

Sec. 5. The said council shall have the right to pass ordinances
requiring all stores, ice cream and soda water saloons, and other
business places, except drug stores which may sell only drugs and
medicines, to keep their places closed on all Sundays; and to impose
reasonable fines and penalties for all violations of such ordinances.

Sec. 6. Whenever any other thing than mentioned in the fore-
going sections for which a State license is required, or for which
the State may require a license, and not prohibited by the Consti-
tution and statutes of Virginia is to be done in the said town, the
council may require a license therefor, and may impose a tax thereon
for the use of the said town, but such license tax shall not be greater
in amount than that imposed by the State for the same or similar
purposes.

Sec. 7. The town council shall likewise have power to make such
ordinances, orders, by-laws, and regulations as they may deem neces-
sary and proper to carry out the following powers which are hereby
vested in them:

First. To erect and keep in order all public buildings necessary
and proper for said town.

Second. To establish, enlarge, or operate a system of sewerage
or drainage and maintain the same.

Third. To close or extend, widen or narrow, lay out, graduate,
curb, and pave, and otherwise establish and improve streets, side-
walks and public allevs in said town, and have them kept in good
order and properly lighted; and to establish new streets it shall
have power to acquire the necessary land by purchase from the
owner or owners thereof, or to proceed to acquire the same by con-
demnation proceedings in the circuit court of Shenandoah county.

Fourth. To prevent the cumbering of streets, sidewalks and
public alleys in the town in any manner whatever, and to have full
and complete control of the same.
Fifth. To secure the inhabitants from contagious, infectious,
or other dangerous diseases; and to appoint and organize a board
of health for said town, with the authority necessary for prompt
and efficient discharge of its duties.

Sixth. To require and compel the abatement and removal of
all nuisances within said town at the expense of the person or per-
sons causing the same, or the owner or owners of the ground whereon
the same shall be; to prevent and regulate slaughter houses, or the
exercise of any dangerous, offensive, or unhealthy business, trade,
or employment therein. ‘

Seventh. To regulate the exhibition of fire-works, the discharge
of fire-arms or fire-crackers, the use of candles and lights in barns,
stables or other buildings, and to regulate or restrain the making of
bonfires in streets and yards.

Eighth. To prevent horses, cattle, cows, hogs and all other ani-
mals from running at large in said town.

Ninth. To prevent vice and immorality, obscenity, and pro-
fanity ; to preserve peace and good order; to prevent and quell riots,
disturbances and disorderly assemblages; to suppress houses of ill
fame and gambling houses; to prevent and punish lewd, indecent
conduct or exhibitions in said town, and to expel therefrom persons
guilty of such conduct who have not resided therein as much as a
year.

Sec. 8. Where, by the provisions of this act, the council have
authority to pass ordinances on any subject, they may prescribe
any penalty not exceeding one hundred dollars for violations thereof,
and may provide that the offender, on failing to pay the penalty or
fine, may be imprisoned in the jail of Shenandoah county for any
-term not exceeding ninety days, which penalty may be prosecuted
and recovered, with costs, in the name of the town of New Market.

Sec. 9. The persons now holding offices in said town shall cen-
tinue to hold the same until their terms expire by operation of law,
er under the ordinances of the town or the general law and until
their successors shall have duly qualified; and all ordinances and
laws in force at the time of the passage of this act, or affecting or
relating to the town, so far as consistent herewith, shall remain and
continue as if this act had not been passed.

Sec. 10. All ordinances now in force in the town not inconsistent
with this act, the laws of this State and of the United States, shall
be and remain in force until altered, amended, or repealed by such
body as is lawfully authorized to alter, amend, or repeal the same.

Sec. 11. An emergency existing by reason of the fiscal year
beginning on the first day of May of this year, this act shall be in
force from its passage.