Chap. 140.—An ACT to Amend and Re-enact an Act entitled an Act to
Incorporate the town of Abingdon, Passed March 11, 1834.

In Force, March 16, 1871.

1. Be it enacted by the general assembly of Virginia, That
the act entitled an act to incorporate the town of Abingdon,
passed March eleventh, eighteen hundred and thirty-four, be
amended and re-enacted so as to read as follows:

Ҥ 1. Be it enacted by the general assembly of Virginia,
That so much land, together with the improvements thereon,
as is included within the following described boundary lines, to-
wit: beginning at the southwestern corner-stone of the shops
of J. D. Rose and Company, at the edge of the creek; thence
along the eastern edge of the alley to the back part of B. C.
Clark’s, formerly Mrs. Margaret Swords’ lot; thence along the
back line of the lots lying on the northern side of Valley
street to the line of the land of Alexander Findlay; thence
with the said Findlay’s line to a point parellel with the south-
ern tine of Valley street; thence with the said parallel west-
wardly to a point parallel with the western. line of the lot of
Benj. P. Morison; thence a direct line southwardly to the line
of said lot, and along the same to Plum alley; thence along
the northern edge of said Plum alley, westwardly to the east-
ern edge of the alley running along the western side of J. M.
Rose’s lot; thence along the eastern edge of the said alley to
Main street, and straight across it, and continuing on the same
direction southwardly until the line strikes the Virginia and
Tennessee railroad, and straight across it to the southern edge
of the ground condemned and used by the said railroad for a
railway, forty feet from the centre of the railroad track ; thence
along the said southern edge of the railroad ground forty feet
from the centre of the track, eastwardly toa point opposite to the
beginning on the line of the Catholic grounds; thence a straight
line northwardly along the southwestern wall of the Catholic
convent, or brick building formerly owned by J. N. Humes,
Esquire, to the beginning, shall be, and continue to consti-
tute the area of the town heretofore known as the town of
Abingdon in the county of Washington; and the inhabitants
thereof shall have and exercise the following powers, rights
and privileges :

Ҥ 2. That all the free inhabitants of the said town of Ab-
ingdon shall be a body corporate, by the name and style of The
Mayor, Council, and Inhabitants of the Town of Abingdon;
and by that name and style, they and their successors shall be
known in law, and be capable of sueing and being sued, and of
defending in courts, and in all actions and matters whatsoever,
and may have and use a common seal, and may alter and change
the same at their pleasure; and by the same name, shall be ca-
pable of holding and conveying any estate, real and personal,
for the use of the said corporation: provided, that such real
estate be within the limits of said town. } ,

Ҥ 3. That on the fourth Thursday in May, annually, the in-
habitants of the town legally authorized to vote for all officers
elective by the people under the constitution of this common-
wealth, shall assemble at the courthouse of the county of
Washington, in said town, and shall then and there elect ten
persons in the said town, entitled to the right of suffrage, in
manner aforesaid, who shall be called and denominated a coun-
cil; and one other person, who shall be denominated the
mayor. The said election shall be conducted by three com-
missioners, to be appointed by the mayor and council of the
town of Abingdon; and the votes shall be received, the election
held, and certificates given, according to the general election
law of the state.

Ҥ 4. That the said council shall hold two regular sessions
each and every year: one commencing on the Monday after
they are elected, the other on the first Monday in December ;
and shall hold such other sessions as shall be called by the
mayor. <A majority of the said council shall constitute a quo-
rum to proceed to business, and the mayor shall preside in their
deliberations, when present, and shall vote only when the coun-
cil are equally divided; and in the absence of the president,
the said council, or a majority of them, shall appoint one of
their body as president pro tempore, who shall then preside.
The said council shall appoint a clerk to their own board, who
shall also act as clerk to the mayor, and shall keep all the books,
papers and records belonging to the corporation, and perform
all the duties which may be ‘required of him as such; and the
said clerk shall receive such fees of office and salary as may be
allowed him by said council.

Ҥ 5. That the said council shall appoint a treasurer, pre-
scribe his duties and direct the penalty in which he shall exe-
cute his bond, payable to said corporation, with such security
as they may approve, conditioned for the faithful discharge of
his duties as they may be prescribed by said council. The said
council shall also have power to make such by-laws and ordi-
nances not contrary to the laws and constitution of this state
or of the United States, as they may think necessary for regu-
lating the improvement of the streets and alleys of said town,
and tor protecting them from injury; for protecting property
in said town against accidents by fire, for organizing fire com-
panies and authorizing the purchase of tire engines, hose and
other apparatus thereto belonging; for keeping the public
springs and wells in good order and condition ; for regulating
the erection of privies and prescribing their location ; for keep-
ing the streets and alleys in repair; for removing and abating
nuisances within the limita of the said town at the expense of
those who occasion them, or otherwise; for establishing and
regulating markets, and erecting market houses; for regulating
butchers’ stalls and slaughter houses; for prescribing rules for
the orderly and regular building of houses and chimneys; for
the location of stables and cow sheds; for the regulation of all
shops; for prohibiting hogs or dogs from running at large
within the limits of said town, without their owners; for pre-
venting exhibitions of stud horses on public days in the streets ;
and generally such other by-laws as they shall deem necessary
for regulating the police and preserving the peace, good order
and government of the said town; and to enforce the observ-
ance of the said by-laws and ordinances under penaltics not
exceeding the sum of twenty dollars for any one offence. The
said council shall also have power to levy and collect annually,
a tax on the tithables and property, real and personal, within
the said town, and on such other subjects as are taxed by the
laws of this state, for the purpose of carrying into effect all or
any of the powers hereby granted them; and to make pro-
vision for the collecting and accounting for the said taxes.
The said council may also regulate the fees of town sergeants
and prescribe their duties; and the penalties of their bonds;
and may provide for keeping the streets and alleys in good
order and condition.
Ҥ6. The mayor, or chief magistrate of the corporation
shall take care that the by-laws and ordinances of said town be
faithfully executed. He shall appoint town sergeants, sur-
veyors and superintendants of the streets, walks and alleys of
said town. He shall appoint persons to act as town watches,
and officers of fire companies, and shall have power to remove
from office such persons as he is hereby authorized to appoint,
whenever he shall deem that the good of the corporation re-
quires such removal; but in all cases when he removes from
office, his reasons for so doing shall be stated on the minutes of
his proceedings. The mayor of said corporation for the time
being, is hereby declared to be clothed with the powers of a
justice of the peace within said town, with power to issue pro-
cess, and to hear and determine all prosecutions, cases and con-
troversies which shall arise under the by-laws and ordinances
of the said corporation; to impose fines when and wherein
they are authorized by the said by-laws and ordinances, and to
issue executions for their collection—saving to the parties the
right to appeal to the county court of Washington county, in
all cases whatsoever, wherein the fine shall exceed the sum of
ten dollars; which appeals shall be taken in the same manner,
and upon the same terms that appeals are now taken from
judgments of a single magistrate. In case of the death or re-
moval of the mayor, or inability from any other cause, to per-
form the duties of his office, his duties shall be performed by
the president elected pro tempore, in manner aforesaid, until
a new election shall take place, at the annual period herein-
before provided, or until he shall be able to resume his
duties.

Ҥ 7, That the mayor and members of the council, shall, be-
fore they enter upon the duties of their offices, respectively,
take an oath before some justice of the peace, or judge of the
court, that they, and each of them, shall and will faithfully,
and to the best of their skill and judgment, for the general
welfare of said town and inhabitants, do, execute, and perform
their, and each of their duties, respectively, under al] such
laws as prescribe and regulate them.

Ҥ 8. That when the officer to whom any execution shall be
directed by the mayor of said town, shall not be able to find
goods and chattels to satisfy the same, he shall make return
thereot to the clerk of the county court of Washington county,
who shall docket the same, shall issue writs of execution
thereon, as if the judgment upon which such execution issued
had been rendered in court; and the same proceedings shall
be had upon executions thus issued, as upon those founded
upon judgments rendered by courts of law, and the clerk shall
be entitled to the same fees for his services to which he would
have been entitled if such judgments had been rendered in
court.

Ҥ 9. That the by-laws now in force in said town, shall con-
tinue in force until altered or repealed by the said council, so
far as the same are not inconsistent with the constitution and
laws of this state.
Ҥ 10. That all acts and parts of acts concerning the town
of Abingdon, in the county aforesaid, conflicting with or con-
trary to the provisions of this act, shall be and the same are
hereby repealed.

Ҥ 11. This act shall commence and be in force from and
after the passage thereof.”