Chap. 274.—An ACT to Amend and Re-enact certain Acts in Relation to
the Town of Fincastle, in the County of Botetourt, and to Extend the
Corporate Limits of said Town,

In force March 22, 1872.

1. Be it enacted by the general assembly of Virginia, That
the act passed February twelfth, eghteen hundred and twenty-
eight, entitled an act concerning the town of Fincastle, in the
county of Botetourt, and the act passed February twenty-
seventh, eighteen hundred and fifty-eight, to amend an act
incorporating the town of Fincastle, and extending the limits
of the same, be amended and re-enacted so as to read as fol-
lows:

1. The territory embraced in the following boundaries, viz:
beginning at a large red oak at the Federal spring, thence new
lines 5S. 183° W. 53 poles to a stake on line of Fleager and
Anderson's land, near the barn, and with the same 8. 19} E.
28 poles, to a stake in Anderson's field; thence 5S. 89 E. 49
poles, to a stake in Roanoke street; thence with said street S.
10 W. 32 poles, to a stake at S.W. corner of lot formerly Lack-
land’s; thence with said lot N. 87 E. (crossing Church street
at 38 poles) 60 poles, to a stake on the line of McDowell and
Carper; thence N. 63 E. 99 poles, to a stake on the hne of
Figgat and Luster, N. 22 W. 132 poles to a stake in Price's
field; thence S. 685 W. 166 poles to the beginning—shall con-
stitute and continue to be the town of Fincastle, and the mayor,
recorder and common councilmen, and their successors mm of-
fice, shall continue to be a body politic and corporate, by the
name and style of the mayor and common council of the town
of Fincastle, and by that name and style shall have perpetual
succession, with capacity to sue and be sued, plead and be im-
pleaded, in any of the courts of law or equity of this common-
wealth, with authority to have and use a common seal; and
shall have power 'to purchase, receive and hold lands, tene-
ments, goods and chattels, either in fee simple or any less
estate therein, and the same to give, grant, sell or assign again.
But the passage of this act shall not affect the right of the
county court of Botetourt county to establish a road upon or
through any lot or lots embraced in said corporate limits in
any case in which proceedings are now pending in said court.

2. It is hereby made the duty of the county court, or the
judge thereof in vacation, to appoint three commissioners, any
two of whom may act, who shall, on the fourth Thursday in
May, eighteen hundred and seventy-two, hold an election at
such place as the said county court, or the judge thereof, may
appoint in said town, for the election of a mayor, recorder, ser-
geant and seven common councilmen of said town, of which
said election at least five days’ notice shall be given. And all
elections held after the first under this act shall take place on
the fourth Thursday in May biennially, commencing in eighteen
hundred and seventy-two, at such place or places in said town,
and under the supervision of such commissioners, as the au-
thorities of said town may appoint—or, in case of a failure to
hold an election on that day, then on such other day as such
authorities may designate, of which they shall cause sufficient
notice to be published for at least ten days in said town: pro-
vided, that if such failure shall have continued for more than
twenty-five days, it shall be the duty of the judge of the county
court of Botetourt county to order an election to be held in
said town in the same manner and upon the same notice as
provided for in the first election under this act.

3. Within two days after any election has been held under
this act, the commissioners who conducted the same shall cer-
tify to the clerk of Botetourt county court, and to the officers
elected, the names of the persons elected; which certificate
shall be entered among the records of the county and of the
corporation.

4. In all elections for officers of the corporation, all persons
who are by the laws of the state entitled to vote for members
of the general assembly, and who shall have resided in the
said town for three months next preceding the day of election
then to be held, shall be entitled to vote.

5. The manner of conducting all elections under this act
shall, so far as the same is not in conflict herewith, be the same
as prescribed by the general election law of the state for the
election of county officers; and, in case of a tie, the council
shall decide between the candidates, and shall also hear and
determine all contested elections.

6. The persons to be elected under the provisions of this act
shall be inhabitants of, and qualified voters of said town; and
it shall be their duty on or before the day fixed by this act for
the term of their respective offices to commence, to take and
subscribe the oath of office and such other oaths as are required
by the constitution and laws of this state to be taken by such
otticers, before a justice of the peace, or notary public of the
county of Botetourt; and they shall enter upon the discharge
of the duties of their respective offices on the first day of J uly
next after their election, and hold their offices for the term
of two years and until their successors are elected, or appointed
and qualified: provided, that the term of any person elected or
appointed to fill a vacancy, shall commence within ten days
after such election or appointment, and shall be for the nnex-
pired term of the office to which the person is elected or ap-
pointed. The oaths taken under this section shall be filed with
the records of said town.

7. When, for any cause, & vacancy shall occur in the office of
mayor, recorder, or councilman, the council shall, by a vote of
a majority of such as remain, fill such vacancy from among the
citizens of the town, eligible to the office under this act.

8. The mayor, recorder, and any four councilmen, or the
mayor or recorder and any five councilmen, or, in the absence
of both the mayor and recorder, any six councilmen shall con-
stitute a quorum to do business. The mayor shall preside at
all meetings of the council, or, in his absence, the council shall
scleet one of their number, who shall preside, and the proceed-
ings shall be signed by the person presiding. If at any mceet-
ing the recorder be not present, the person presiding shall ap-
point one of the membcrs of the council present, who shall, for
the time, discharge the duties of recorder.

9 The failure of any person elected or appointed under this
act to qualify, or to qualify and give bond (where a bond is
required), within the time presenbed by the sixth section of
this act for taking the oath of office, shall vacate his office.

10. The council shall cause to be kept, in a journal, an aecu-
rate reeord of all its proceedings, by-laws aud orders, which
shall be open to the mspection of all persons entitled to vote
for econncilmen. The mayor and recorder shall have votes as
members of the council, and the person presiding at the time
of any tie vote, shall have the casting vote.

11. The sergeant shall, within the jurisdiction of said coun-
cil, have the powers and be subject to all laws applicable to
constables, and the council shall require of him bond in such
penalty and with such conditions as they may prescribe, and
with surety to be by them approved, which bond shall be en-
tered in the journal of the council, and a certified copy thereof
filed in the clerk’s office of the county court of Botetourt
county; and such sergeant shall, either before the mayor, re-
corder, or a justice of the peace of Botetourt county, qualify
to his office, by taking the oaths required to be taken by the
constitution and laws of this state.

12. The duty of the recorder shall be to attend all mectings

of the council, keep a journal of its proceedings, and to have
charge of and preserve the records of the town.

13. The mayor shall take care that the by-laws, ordinances
and resolutions of the council are faithfully executed. He
shall be ex-officio a conservator of the peace within said town,
and shall, within the same, exercise all the powers and duties
vested by law in justices of the peace for the county. He
shall have power to issue executions for all fines aud costs im-
posed under the authonty of this act, the laws of the state,
and the by-laws of the conneil, and require immediate payment
thereof, and in default of such payment, may commit the
party so in default to the jail of Botetourt county until the
fine and costs be paid; but the term of such imprisoument
shall in no case exceed thirty days.

14. The council, so constituted, shall have power within
said town to lay off, open, curb and pave streets and alleys,
walks and gutters, for the public use, and to alter, improve
and light the samo, and have them kept in good order and free
from obstructions on or over them; to regulate the width of
such streets, alleys and sidewalks, and require the same to be
kept clean and clear by all persons; to prevent injury or annoy-
ance to the public or individuals from anything dangerous,
offensive or unwholesome; to protect places of divine worship
in or about the premises where held; to abate, or cause to be
abated, anything which, in the opinion of the majority of
the whole council, shall be a nuisance; to regulate the keep-
ing of gunpowder and other combustibles; to provide, in
and near the tow n, places for the burial of the dead, and to
regulate interments in the town; to provide for the building
of houses or other str uctures, and for the making of division
fences, and for the drainage of lots by proper drains and
ditches; to make regulations for guarding against danver or
damave from fires; to provide for the poor of the town, anil
appoint and publish the places of holding the town elections;
to provide a revenue for the town, andl Appropriate the sume
to its expenses; and to provide the annual assessment of tax-
able persons aud property in the town; to establish rules for
the transaction of business and for the government and reeu-
lation of its own body; to promote the gweneral welfare of the
town and to protect the property of persons therein; and to
preserve peace and good order therein: keep a town guard; to
appoint and order out a patrol for the town in hke 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 ;
to require and take from the sergeant bond with such sceuri-
ties and in such penalty as the council may see fit, which bond
shall be made payable to the town by its egporate name, and
conditioned for the faithful discharge of his duties; to permit
or prohibit the establishment of new places for the inter ment
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 the
same; to prohibit the pollution of the water which may be
provided for the use of the town; to appoint such officers as
they may deem proper, including town assessor, treasurer, and
overseer of the poor; to define their powers and duties; to
require of them to give bond, payable to the town by its cor-
porate name, and to allow them such compensation as they
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may deem proper, and generally to do such acts and exercise
such powers as are or may be vested in them and similar
bodies by the constitution and laws of this state.

15. To carry into effect these enumerated and all other legal
powers, the council of said town shall have power to make
and pass all needful orders, by-laws, and ordinances, not con-
trary to the constitution and laws of this state; to prescribe
and impose reasonable fines (in no case, however, exceeding
for any one offence thirty dollars), and in case the person or
persons so fined shall have no visible effects, it shall be lawful
to require such offender to work out such fines, and all jail
fees and other costs, on the streets or other public work,

, under the direction of the sergeant. For all the purposes

named in this act, taxation excepted, the council and mayor,
or person acting as mayor, shall have jurisdiction for one mile
beyond the town. All fines, penalties and imprisonments shall
be recovered or enforced under the judgment of the mayor, or
the person exercising his functions; and the council may, with
the consent of the county court of Botetourt entered of record,
have the rizht to use the jail of said county.

16. The annual levy ordered by the council may be upon all
male persons within said town over twenty-one years of age,
dogs, hogs and other animals; upon all real and personal estate
subject to be assessed with{state taxes: provided, the tax do
not exceed seventy-five cents on every hundred dollars of value
of unimproved lots, and fifty cents on the same value of real
and personal property, and fifty cents per head on each taxable
person; and provided, that grounds included in this charter
not laid off in town lots shall not be taxed for incorporation
purposes, except that such grounds when improved may be
so taxed to an extent not exceeding five acres.

17. Whenever anything for which a state license is required

is to be done in said town, the council may require a town
license therefor, and may impose a tax thereon for the use of

said town.
18. The council shall have the power to order the impound-

ing of all hogs and other animals that may be found running

loose in said town, and impose such fines and forfeitures upon
the owners thereof as a majority shall deem proper, and may
establish ordinances to this effect.

19. The sergeant shall have the power to collect the town

taxes, fines and levies, and, one month after the time he shall

have received the books of the assessor of said town, to distrain
and sell therefor in like manner as is now provided by law for
distrains and sale for state taxes, and shall in all respects have
the same powers as a township collector to enforce the payment
of such taxes, fines and levies. And such sergeant shall have
power to exercise within the limits of the jrmisdiction of the
council of said town all the duties that a constable can legally
exercise in regard to the collection of claims, executing and
levying process; and he shall be entitled to the same compen-
sation therefor, and he and his sureties shall be liable to all the
tines, penalties and forfeitures that a constable is legally liable
to for any failure or dereliction in his office, to be recovered in P
the same manner and before the same courts that such fines,
penalties and forfeitures are or may be recovered against @
constable; and may moreover, at any time, be removed by the #
council for any such default in duty or for failure to pay over “
any money in his hands as the council may direct.

20. There shall be a lien on real estate for the town taxes 1.
assessed thereon from the commencement of the year for {;
which they are assessed; and the council may order and re-
quire real estate in the town delinquent for non-payment ofr
taxes to be sold or rented 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 to the person entitled thereto, and may regulate the terms k
on which real estate so delinquent may be redeemed. The °
sale of all real estate sold under this section shall be conducted
in the same manner and upon the same notice as is now pro-
vided by law for the sale of real estate for delinquent taxes;
and when there is a failure to redeem within the time pre- ¢
scribed by the council, the recorder of said town shall, under I
the seal thereof, make conveyance of the real estate so sold in
the same manner as is now provided by law for conveyances
by clerks of courts of lands sold as aforesaid. Any lien ac- 1
quired, or conveyance made, under this section, shall be subject ®
to the lien of the state or county for all taxes due on the pro-
perty upon which such lien is had, or of which such convey-
ance is made.

21. It shall be lawful for the council of said town to require o
the owner or tenant of any lot or lots therein to construct or }
repair, in such manner as they may direct, all necessary side- t
walks in front of such lot or lots, to open suitable gutters or
ditches thereon, and to repair the streets adjacent thereto;
and in default of the person required to do such repairs, or
make such constructions, the council may cause the same to be
done, and shall be entitled to a lien on each lot on, or in front L
of, or adjacent to which such work may be done, for the actual "
and necessary cost thereof—so that such cost shall in no case
exceed twenty dollars to each lot—which lien may be enforced
in accordance with the provisions of the nineteenth section of
this act; or, if such lot or lots be in the occupancy of a tenant,
may require such costs to be paid by the tenant out of any
rents for which he may be liable or may become liable, and a
lien on such rents is hereby given, and the sergeant of said t
town may distrain for and collect the same in the corporate ‘
name of said town in the same manner as the same might be
collected by the landlord under the laws of the state: and the
receipt of the sergeant for any money paid by or collected of
the tenant as aforesaid, for the purposes aforesaid, shall be a
good and valid set-off to the extent of the money so paid or
collected against the rent due and owing by any such tenant
to his landlord.

22. The said town, and the taxable persons and property 1
therein, shall be exempt and free from the payment of any road !
tax for any year in which it shall appear that said town shall,
at its own expense, keep its streets in order.

23. The taxable persons and property embraced within
the territory added by this act to said town, as the same was
heretofore incorporated, shall be exempt from paying any tax
which may be levied to pay any debt or hability against the
same corporation at the date of this act: provided, that persons
or property removed to said territory after the passage of this
act shall not be so exempt.

24. All the rights, privileges and properties of the said town
heretofore acquired and possessed, owned and enjoyed, by any
act now in force, shall continue undiminished and remain vested
in said town under this act; and all laws, ordinances and reso-
lutions of council now in force, and not inconsistent with this
act, or the constitution and laws of this state, shall be and con-
tinue in full force and effect until regularly repealed by a
council elected under this act. And the -act of which this act
is amendatory in so far as it may not be amended and re-
enacted by this act, and all other acts and parts of acts incon-
sistent herewith, are hereby repealed.

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