Chap. 228.—An ACT to Amend and Re-enact an Act Approved February
19, 1858, Entitled an Act to Incorporate the Town of Ashland, in the
County of Hanover, and the Act Amendatory thereof, Approved January
11, 1864.

In Force March 29, 1871.

1. Be it enacted by the general assembly of Virginia, That
the act passed February nineteenth, eighteen hundred and
fifty-eight, entitled an act to incorporate the town of Ashland,
in the county of Hanover, and the act amendatory thereof,
passed Jannary eleventh, eighteen hundred and sixty-four, be
amended and re-enacted so as to read as follows:

“$1. Be it enacted by the general assembly of Virginia,
That the town of Ashland, in the county of Hanover, accord-
ing to a survey and plot of the same heretofore made, and as
the same has heretofore been laid off into lots, streets, and al-
leys (and as the same may hereafter be laid off into lots, streets,
and alleys), be and the same is hereby made a town corporate,
by the name of Ashland; and by that name, shall have and
exercise the powers conferred by the fifty-fourth chapter of
the Code of Virginia (eighteen hundred and sixty), and of the
act amendatory thereof, passed November fifth, eighteen hun-
dred and seventy, entitled an act for the government of towns
of less than five thousand inhabitants, so far as the same may
be applicable, and not inconsistent with the provisions of this
act.

Ԥ 2. The officers of said town shall consist of seven trus-
tees, who shall compose the council (four of whom shall con-
stitute a quorum to transact business), and a sergeant, who
shall hold their offices for two years, and until their successors
are elected or appointed, and qualify. The said council shall
have power to pass all by-laws and ordinances for the govern-
ment of said town, that they may deem proper, not in conflict
with the constitution of the state or of the United States, and
prescribe penalties for the violation of the same, not exceeding
ten dollars for any one offence; and may subject the parent of
any minor for any such penalty or fine for any such offence,
committed by such minor; which penalties may be prosecuted
and recovered, with costs, in the name of the council of the
said town. The said council shall also have power to provide
for keeping the streets in order, and paving the same, and for
other necessary improvements; for which purpose, they may
levy such a tax on all the taxable property in said town, as they
may deem proper, not exceeding fifty cents on the hundred
dollars; and may also require labor from all male citizens of
said town, between the ages of sixteen and sixty years of age,
not exceeding two days in each year, to aid in keeping said
streets in order: provided, however, that the said citizens
may pay eighty cents per day for each day they may be so re-
quired to labor, in lieu of rendering the said service. In con-
sideration whereof, the citizens of said town are hereby ex-
empted from working on the county roads of Hanover county.
Ҥ 3. The council shall elect from their number a presi-
dent, who shall preside at all the meetings of the council, and
when they are equally divided, shall, in addition to his indivi-
dual vote, give the casting vote; and in case of the absence
of the said president, the said council may select some other
member thereof to act as president pro tempore, who shall
have all the powers of the president himself, while presiding
over the meetings of said council, and in all other matters ap-
pertaining to the government of said town, in the absence of
said president. The president shall have power at any time to
call a meeting of the council; and in case of his absence, from
sickness, inability, or refusal, tho council may be convened by
the order, in writing, of any three members of the council.
The said president shall be invested with all the powers of a
justice of the peace, within the limits of said town (except that
no civil warrants shall be tried by him), and shall have like
powers with a justice of the peace to commit any person,
charged with an offence before him, to the county jail, or let
to bail, on recognizance, to appear before the county court.
“$4. The sergeant of said town shall be a conservator of
the peace, and for that purpose, be invested with all the pow-
ers of a constable within the limits of the said town; also shall
have the power to arrest offenders, within a mile of said lim-
its, for offences committed within the limits of said town; and
convey any person to the county jail, who may be ordered by
the president, or the president pro tempore, of the said coun-
cil, to be so committed, charged with any offence against the
laws of the commonwealth, there to be dealt with as if com-
mitted by a warrant of a justice of the peace, and shall be en-
titled to the same compensation as a constable would be enti-
tled to for the like service. He shall also collect the town taxes,
and all fines imposed for a violation of the by-laws or ordi-
nances made for the government of the said town, and may
distrain and sell therefor in like manner as a sheriff or consta-
ble may distrain and sell for taxes, and shall have, in other re-
spects, like powers to force the collection thereof. He shall
also perform such other ministerial duties as may be imposed
upon him by the said council; and for his services, shall re-
ceive a reasonable compensation, to be determined by the said
council. The said sergeant shall give bond, payable to the
council of said town, and to their successors, with good secu-
rity, in the penalty of one thousand dollars, to account for all
moneys coming into his hands as collector. °

Ҥ 5, The said council shall appoint from their own number
a treasurer, who shall give bond in like manner as is required
of the sergeant, with good security, in the penalty of one thou-
sand dollars, to account for all moneys coming to his hands as
treasurer; who shall also act as clerk for said board, and keep
a record of the proceedings of said council, and of all by-laws
and ordinances passed by the same, and shall receive such
compensation for his services as the council shall determine.

Ҥ 6. Any person or persons who shall violate any by-law
or ordinance, passed by said council in pursuance of the power
vested in them by this act, shall be subject to such fine, as said
council shall impose not exceeding the amount prescribed in
the second section of this act, for the violation of said by-laws
or ordinances. ‘The said fines when collected to be applied by
the said council to the improvement of the said town.

Ҥ 7. No ordinance or by-law passed by the council of said
town, for the violation of which any penalty is imposed, shall
take effect, until the same shall have been posted tor five suc-
cessive days, in at least three conspicuous places, in said town,
and the clerk shall make an entry on the record book of the
proceedings of the said council of the time of the posting of
such by-laws or ordinances. A record or entry so made by
said clerk, or a copy of such record or entry duly certified by
him, shall be prima facie evidence of the time of such posting
of such by-laws or ordinances.

Ҥ 8. The officers of said town shall be at least twenty-one
years of age, and shall be elected by the electors of said town
in the manner provided by law, and if at any election there
be a tie vote for a councilman or the sergeant, then the judges
of election shall determine by lot which of said candidates
shall be elected. The time of holding the first election for the
said officers, agreeably to the provisions of this act, shall be
the second Thursday in April, eighteen hundred and seventy-
one, reasonable notice being given of the place of voting in
said town; and biennually thereafter, an election shall be held
for said officers on the same day in April. The said council
and sergeant shall enter upon the duties of their office, on the
first Monday in May, eighteen hundred and seventy-one, and
biennually thereafter on the first day of July succeeding their
election; but before entering upon said duties, each of them
shall make oath or affirmation before a justice of the peace or
notary public, that he will faithfully perform the duties of his
office to the best of his judgment and skill.

Ҥ 9. In case of any vacancy happening in the office of coun-
cilman, by death, resignation, removal, or otherwise, the said
vacancy shall be filled by election or appointment by the other

members of the council, and in the case of a vacancy occurring

in the oflfice of sergeant, the said vacancy shall be filled in like

manner by the council of said town; and said ofticers shall

continue in office until their successors are duly elected and
ualify.

Ҥ 10. The said council shall keep, open for public examina-
tion, a full and complete record of all their proceedings, and
shall at the end of their term, deliver to their successors in
office, all books and papers in their possession concerning said
town, with a strict account of the money which may come into
their hands as councilmen and the manner in which it was ex-
pended by them; and on failure to account satisfactorily for
all money coming into their hands, or to pay over that which
may be unexpended, the councilmen succeeding to office may
in ten days’ notice to the defaulter or defaulters, recover the
same by motion, in the county court of Hanover county.

“§ 11. This act shall be in force from its passage.”