Chap. 366.—An ACT to Incorporate the Town of Berryville, and to Provide
a Charter for the Same.

Approved October 29, 1870.

1. Be it enacted by the general assembly of Virginia, That
the town of Berryville, in the county of Clarke, as the same
has been and shall hereafter be laid off into lots, streets, and
alleys, shall be and the same is hereby made a town corporate,
by the name and style of The Town of Berryville, and by that
name shall have and exercise the powers, and be subject to all
the provisions of the Code ot Virginia, except so far as may
be herein otherwise provided, and may sue and be sued by its
corporate name.

2. The corporate limits and bounds of Berryville shall be as
follows: beginning at toll-gate on the Berryville and Millwood
turnpike; thence running in straight line to the dwelling house
of Dr. H. McGuire; thence in direct line to the dwelling house
on the farm owned by Treadwell Smith, and but recently oc-
cupied by R. R. Smith; thence in direct line to the dwelling
house of John W. Bremer; thence in direct line to the man-
sion house of the Rosemont farm, now occupied by Charles
Boswell; thence by direct line to the beginning—the toll-gate
aforesaid.

3. That S. J. C. Moore, Israel Green, J. T. Griffith, C. E.
Lippett, Carter Shepherd, John T. Crow, George C. Thomas,
Professor William Johnston, and G. E. S. Phillips, are hereby
appointed commissioners to divide said town in four wards, a
majority of whom may act, which report shall be returned to
and secured in the clerk’s office of the county court of Clarke

county.

4. The municipal authorities of said town stall consist of a
mayor, recorder, and four aldermen, who shall be elected an-
nually. The mayor and recorder shall be elected by the quali-
fied voters of said town, and the voters of each ward shall elect
one alderman, who must be a resident of said ward. And all
persons qaalified to vote in said elections shall be eligible to
either of said offices.

®. All the corporate powers of said corporation shall be ex-
ercised by the said council, or under their authority, except
when otherwise provided, inclading all the powers heretofore
vested to the trustees of said town.
6. There shall be a town sergeant, treasurer, and an assessor
of said town, to be elected by the qualified voters.

7. The election shall be conducted by the sergeant of the
town, and such assistants, under such supervision, at such
places, and under such rules and regulations as the council may
prescribe. If the sergeant be absent, or incapable of acting,
the elections shall be conducted by such person or persons as
the council may appoint.

8. The council may prescribe the manner of declaring and
certifying elections, of determining contested elections, and of
deciding between two or more, when the greatest number of
votes shall be equal, and of filling vacancies in the said offices.

9. The council in existence at the time of any election shall
judge of the election, qualification, and returns of the members
newly elected; and should any person returned be adjudged
unduly elected, or not qualified to hold the office for which he
is chosen, a special election to fill the vacancies shall be held.
It shall be the duty of the mayor, as soon as may be after an
election, and within ten days thereafter, to call a meeting of
the council to examine the returns, and the council shall forth-
with cause the persons elected to be notified of their election ;
and whenever a vacancy shall occur, from any cause, in the of-
fice of mayor or recorder, the council, for the time being, shall
at once order a special election to be held to fill the vacancy,
of which election two weeks’ notice shall be given and pub-
lished by the council.

10. The mayor, recorder, and councilmen shall each, before
entering upon the duties of their office, and within two weeks
from the day of their election, make oath or affirmation that
they will truly, faithfully, and impartially discharge the duties
of their said offices to the best of their abilities, so long as
they shall continue therein. The mayor and aldermen shall
take said oath before a notary public, and the councilmen be-
fore the mayor.

11. If any one who shall have been duly elected mayor, re-
corder, or councilman, shall not be eligible, as herein prescribed,
or shall refuse to take the oath or affirmation required under
this act, for two weeks from the day of his election, the coun-
cil, for the time being, shall declare his said office vacant, and
shall order a new election for mayor, recorder, or councilmen,
as the case may be.

12. Whenever from any cause a vacancy shall occur in the
office of councilman, the council, for the time being, shall, by
a vote of a majority present, fill it by choosing a councilman
from among the citizens of the town eligible to that office
under this act.

13. The council shall be presided over at its meetings by the
mayor, or in his absence, by the recorder; or in the absence of
both mayor and recorder, by one of the councilmen selected
by a majority of the councilmen present.

14. The presence of the mayor, or recorder, and at least two
councilmen, or, in the absence of both mayor and recorder,
the presence of three councilmen, shall be necessary to make a
quorum for the transaction of business. |
15. The council shall cause to be kept in a journal, an accu-
rate record of all its proceedings, by-laws, acts, and orders,
which shall be fully indexed, and open to the inspection of any
one who is entitled to vote for members of the council.

16. At each meeting of the council, the proceedings of the
last meeting shall be read to the council, and shall thereupon
be corrected, if erroneous, and signed by the person presiding
for the time being. g Upon the call of any member, the ayes
and noes on any question shall be called and recorded in the
journal.

17. The mayor and recorder shall have votes, as members of
the council; and in all cases of a tie, the person at the time
presiding at the council shall have the casting vote.

18. The council, so constituted, shall have power within said
town to lay off, open, curb and pave streets, alleys, walks and
gutters, for the public use, and to alter, improve and light the
same, and have them kept in good order, and free from ob-
structions on or over them; to regulate the width of side-
walks on the streets, and to order the sidewalks, footways and
gutters to be curbed and paved and kept in good order, free
and clean, by the owners or occupants thereof, or of the real
property next adjacent thereto; to lay off public grounds, and
to provide, contract for, and take care of all public buildings
proper to the town; to establish and regulate markets, to pre-
scribe the time for holding the same, and what articles shall be
sold only in such markets; to prevent injury or annoyance to
the public or individuals, from anything dangerous, offensive,
or unwholesome; to protect places of divine worship in and
about the premises where held; to abate, or cause to be abated,
anything which, in the opinion of a majority of the whole
council, shall be a nuisance; to regulate the keeping of gun-
powder and other combustibles; to provide, in or near the
town, places for the burial of the dead, and to regulate inter-
ments in the town; to provide for the regular building of
houses or other structures, and for the making of division
fences, and for the drainage of lots by proper drains and
ditches; to make regulations for guarding against danger or
damage from fires; to provide for the poor of the town; and
appoint and publish the places of holding town elections, and
the time of holding special elections and polls; to provide a
revenue for the town, and appropriate the same to its expenses,
and to provide the annual assessment of taxable persons and

roperty in the town; to adopt rules for the transaction of

usiness, and for the government and regulation of its own
body; to promote the general welfare of the town, and to pro-
tect the property or persons therein, and to preserve peace and
good order therein; to keep a town guard; to appoint and
order out a patrol for the town, in like manner and for like
purposes within the same as the patrol may be ordered out by
the county court, or a justice within the county; require and
take from the sergeant and treasurer, bonds, with such sure-
ties, in such penalty, as the council may see fit, conditioned for
the true and faithful discharge of their duties (all bonds taken
by the council shall be made payable to the town by its corpo-
rate name); to permit or prohibit the establishment of new
places for the interment of the dead in or near the town, and
to regulate the same; to erect, or authorize, or prohibit the
erection, of gas works or water works in or near the town; to
prevent injuries to or pollution of the same, or danger to the
water and healthfulness of the town (for all which purposes
named in this clause, except that of taxation, the council shall
have jurisdiction for one mile beyond the town); to regulate
and provide for the weighing and measuring of hay, coal, and
other articles sold or for sale in said town, and to regulate the
transportation thereof through the streets.

19. To carry into effect these enumerated powers, and all
other powers conferred upon the said town or its council, ex-
pressly or by implication, in this or any other acts of the gene-
ral assembly of Virginia, the council shall have power to make
and pass all needful orders, by-laws, and ordinances, not con-
trary to the constitution and laws of Virginia, and to prescribe,
impose, and enact, reasonable fines and penalties, or imprison-
ments in the county jail for a term not exceeding thirty days ;
4ll which fines, penalties, and imprisonments, shall be recovered
or enforced under the judgment of the mayor of said town,
or the person lawfully exercising his functions. And the
authorities of said town may, with the consent of the county
court of said county, entered of record, have the right to use
the jail of said county of Clarke for any purposes for which
the use of a jail may be needed by them, under the acts of
council or of the state.

20. The council shall cause to be annually made up and en-
tered upon its journal, an account and estimate of all sums
which are or may become lawfully chargeable on the said town
which ought to be paid within one year; and it shall order a
town levy of so much as in its opinion is the amount which
may be raised from licenses and other sources.

21. The levy so ordered, may be upon all free male persons
within said town over sixteen years of age, dogs, and on all real
estate within said town which is not exempted from state tax-
ation, and all such other subjects in said town as may at the
time be assessed with state taxes: provided, that the tax do
not exceed one dollar on every hundred dollars of the value
assessed on real and personal property, or fifty cents per head
on each taxable person. ;

22. Whenever anything for which a state license is required
to be done within the said town, the council may require a
town license to be had for doing the same, and may impose a
tax thereon for the use of the town; and the council may, in
any case in which it sees fit, require from the person so licensed,
a bond, with sureties, in such penalty and with such condition
as it may think proper. Said council may also grant or refuse
licenses to owners or keepers of wagons, drays, carts, hacks,
and other wheeled carriages kept or employed in said town for
hire, or as carriers for the public; and may require the owners
or keepers of such wagons, drays, and carts using them in the
town to take out a license therefor; and may require taxes to
be paid thereon, and subject the same to such regulations as
they may deem proper.

23. The revenue from these and other sources shall be col-
lected, paid over, and accounted for at such times and to such
persons as the council shall order.

24. The sergeant shall have power to collect the town taxes,
fines, and levies, and shall have power, one month after he shall
have received the books of the commissioner of the revenue
of said town, to distrain and sell therefor in like manner as a
sheriff may sell and distrain for state taxes, and shall bave in
all other respects, the same powers as a sheriff to enforce the
payment and collection thereof. And the said sergeant shall

ave power to exercise, within the corporate limits of said
town, all the duties that a constable can legally exercise in re-
gard to the collection of claims, executing and levying process;
and he sball be entitled to the same compensation therefor;
and he and his securities shall be liable to all the fines, penal-
ties, and torfeitures that a constable is legally liable to for any
failure or dereliction in his said office; to be recovered in the
same manner and before the same courts that said fines, penal-
ties, and forfeitures are now recovered against a constable.

25. There shall be a lien on real estate for the town taxes
assessed thereon, from the commencement of the year for which
they are assessed.

26. The council may order and require real estate in the
town, delinquent for the non-payment of taxes, to be sold by
the sergeant at public auction for the arrears, with interest
thereon, with such per centum as the council may prescribe,
for charges, and the surplus shall be paid the owner; and they
may regulate the terms on which real estate so delinquent may
be redeemed.

27. The council may prohibit any theatrical or other perform-
ance, show or exhibition, which it may deem injurious to the
morals or good order ot the town.

28. The council shall have power to require and take from
the sergeant and treasurer, bonds, with sureties satisfactory to
the council, in such penalty as they may deem sufiicient; ex-
cept that as to the sergeant, it shall not be for a penalty less
than three thousand dollars; and said bonds shall be condi-
tioned for the faithful and true performance of his duties as
sergeant, and for the collecting and accounting for and pay-
ment of the taxes, fines, and other moneys of the town which
shall come into his hands, or which it shall be his duty to col-
lect, at such times and to such persons as the council may order.
The treasurer’s bond shall be conditioned for the faithful per-
formance of his duty as treasurer, and that he will faithfully

ay over and account for all moneys that shall come into his
ands as treasurer, when and as he shall be thereto required by
the council.

29. The mayor shall be the chief executive officer of the
town. He shall take care that the by-laws, ordinances, acts,
and resolutions of the council are faithfully executed. He
shall be ex-officio a conservator and justice of the peace within
the town, and shall, within the same, exercise all the powers and
duties vested in the justices of the peace for the county, ex-
cept that he shall bave no jurisdiction as such in civil causes.
He shall have control of the police of the town, and may ap-
point special police officers when he deems it necessary. It
shall be his duty especially to see that peace and good order
are preserved, and that the persons and property are protected
in the town. He shall have power to issue executions for all
fines and costs imposed by him, or he may require the imme-
diate payment thereot, and in default of such payment, he may
commit the party in default to the jail of Clarke cdunty, until
the fine and costs shall be paid; but the term of imprisonment
in such case shall not exceed thirty days. He shall from time
to time recommend to the council such measures as he may
deem needful for the welfare of the town. He shall receive a
compensation for his services, to be fixed by the council, which
shall not be increased or diminished for the term for which he
shall have been elected. °

30. The duty of the recorder shall be to keep the journal o
the proceedings of the council, and have charge of and preserve
the records of the town. In the absence from town or sickness
of the mayor, or during any vacancy in the office of mayor, he
shall perform the duties of the mayor, and be invested with
all his powers. He shall be a conservator of the peace within
the town. He shall receive a compensation for his services, to
be fixed by the council, which shall not be increased or dimi-
nished for the term for which he shall have been elected.

31. In case of the absence from town or sickness of both
mayor and recorder, and in case the offices of mayor and re-
corder are both vacant at the same time, the council shall, by
vote of a majority present, appoint one of their own number
to fill each office until the mayor or recorder may return to
resume their duties, or a new election is had of said officers.

32. It shall be the duty of the town sergeant to collect the
taxer, fines, and other income and other revenue of the town,
as specified in his bond, and to account for and pay the same
to the treasurer at such time as the council may order. And
it shall be bis duty, at least once every six months, during his
continuance in office, and oftener, if thereto required by the
council, to render an account of the taxes, fines, and other
claims in his hands for collection, and return a list of such as
he shall have been unable to collect by reason of insolvency ;
to which list he shall make oath that he has used due diligence
to collect the same, but has been unable to do so. The coun-
cil shall, if it be satisfied he could not have collected the said
claims by use of due diligence, allow them. But if the council
shall be of the opinion that, by the use of due diligence on the
part of the sergeant, he could have collected any of the said
taxes or other claims, then he shall be chargeable with such as
he might have collected. The said sergeant shall do and per-
farm all the other acts appertaining to the oflice of sergeant of
a corporation, and of a police officer and constable, within said
town; and as such shall have the same powers, duties, fees,
and liabilities as are by law prescribed to a constable. Ife shall
for his services receive such compensation as shall be fixed by
the council.

33. All moneys belonging to the said town shall be paid over
to the treasurer; and no money shall be by him paid out ex-
cept as the same shall have been appropriated and ordered to
be paid by the council, and the said treasurer shall pay the
same upon the certificate of the recorder, or in his absence,
upon certificate of the mayor.

34. If the said treasurer shall fail to account for and pay over
all or any moneys that shall come into his hands, when thereto
required by the council, it shall be lawful for the council, in the
corporate name of the town, by motion before any court of
record held in Clarke county, to recover from the treasurer
and his sureties, or their personal representatives, any sum
that may be due from said treasurer to said town, on ten days’
notice.

35. Befere entering upon the duties of their office, the ser-
geant and treasurer shall make oath or affirmation before the
mayor or person who for the time being shall preside at the
council meeting, that they will truly, faithfully, and impartially
discharge the duties of their office so long as they shall remain
therein.

36. And if the sergeant shall fail to collect, account for, and
pay over all the taxes, fines, and other revenue of the town in
his hands for collection, according to the condition of his bond,
it shall be lawful for the council to recover the same, by mo-
tion, in the corporate name of the town, before any court of
record of the said county of Clarke, against the said sergeant
and his sureties in his said bond, or any or either of them, his
or their executors or administrators, on giving ten days’ notice
of the same.

37. The said town, and the taxable persons and property
therein, shall be exempt and free from the payment of any
poor rates or road tax, and from contributing to any county
expenses for any year in which it shall appear that said town
shall, at its own expense, provide for its own poor and keep its
streets in order.

38. The council shall have the power to make such ordi-
nances, by-laws, orders, and regulations as they may deem ne-
cessary to prevent hogs, dogs, and other animals from running
at large in the limits of the corporation, and may subject the
same to such fines, regulations, and taxes as they may deem
proper, and which fines and taxes shall constitute liens on the
same, and the said animals may be sold after ten days’ notice,
to enforce payment of said fines and taxes. .

39. The council shall not take or use any private propert
for streets or other public purposes without making to the
owner or owners thereof just compensation for the same. But
in all cases where the said corporation cannot by agreement
obtain title to the ground necessary for such purposes, it shall
be lawful for said corporation to apply to and obtain from the
county court of Clarke or the circuit court thereof, for autho-
rity to condemn the same, which shall be applied for and pro-
ceeded with according to law.
40. All the rights, privileges, and properties of the said
town, heretofore acquired and possessed, owned and enjoyed,
by any act now in force, not in conflict with this act, shall con-
tinue undiminished, and remain vested in said town under this
act; and all laws, ordinances, acts, and resolutions of the trus-
tees now in force, and not inconsistent with this act, shall be
and continue in full force and effect until regularly repealed by
a council elected as provided under this act.

41. All acts and parts of acts in conflict with this act are
hereby repealed.

42. This act shall be in force from its passage.