Chap. 91.—An ACT to provide a charter for the town of Damascus and to re-
peal Chapter 134 of the Acts of Assembly of 1904, approved March 12, 1904,
sunt provided a charter for the town of Damascus, and all amening

reto.

Approved March 4, 1948

Re it enacted by the General Assembly of Virginia:

1. Section 1. Establishment of town of Damascus.

The inhabitants of the territory embraced within the present
limits of the town of Damascus, as hereinafter defined, or as the
same may be hereafter altered and established by law, shall con-
stitute and continue a body politic and corporate, to be known and
designated as the town ot Damascus, and as such shall have and
may exercise all the powers which are now, or may hereafter be,
conferred upon or delegated to towns under the Constitution and
laws of the Commonwealth of Virginia.

Section 2. Town Officials.

(1) The officers of said town shall be a mayor, six councilmen,
clerk, treasurer, sergeant, assessor and such other officers as the
council may deem necessary and proper. The mayor and councilmen
shall be elected at a regular municipal election to be held on the
second Tuesday in June, in the year nineteen hundred forty-eight,
and every two years thereafter, in the manner prescribed by law,
for terms of two years beginning on the first day of September
next following their election, each of whom shall serve until his
successor shall have been elected and qualified. Each officer of
said town shall take the oath prescribed by State law, and execute
the required bond, prior to entry upon his duties. The council shall
be a continuing body, and no measure pending before such body
shall abate or be discontinued by reason of expiration of term of
office or removal of any of the members. Vacancies in the council
shall be filled for the unexpired term by a majority vote of the
remaining members. The present mayor and council shall continue
in office until the expiration of the terms for which they were
respectively elected.

(2) The council shall appoint a clerk, a treasurer and such
other officers as the council may deem necessary or proper, all of
whom shall hold office at and during the pleasure of the council,
and shall qualify for their respective offices as required by law,
and shall furnish such bonds as may be required by the council.
[The same person may hold two or more of these offices at the
iscretion of the council.
The officers as appointed by the council shall perform such
services, and receive such compensation, as the council may provide.

(3) The council shall appoint a town sergeant who shall qualify
and give bond in such amount as the council may require. The
sergeant shall be vested with the power of a conservator of the
peace, and shall have the same powers and perform the same
duties within the corporate limits of the town, and to a distance
of one mile beyond, as was formerly had and performed by
constables. He shall perform such other duties, and receive such
compensation as the council may provide. The council may appoint
such other persons as policemen and assistants of the sergeant, and
pay them such compensation as the council may think necessary
and proper.

(4) The mayor shall preside at all meetings of the council and
perform such other duties as may be prescribed by this charter, and
by the general laws, and such as may be imposed by the council
consistent with his office. He shall be entitled to vote upon measures
pending before the council only in event all the other members
are present and voting and are equally divided for and against
such measure. The mayor shall be ex-officio a conservator of the
peace within the town, and one mile of the corporate limits thereof.
He shall issue all warrants charging violation of any ordinances
of the said town, and shall try and dispose of said warrants. He
shall see that peace and order are preserved, and that persons and
property within the town are protected. He shall perform such other
services and functions as may be necessary or proper, and shall
receive such compensation as may be provided by the council. In
event of the mayor’s absence, or disability to act, his duties shall
be performed by the president of the town council, who shall be
selected by the council for that purpose.

(5) The mayor within the limits of his territorial jurisdiction
shall have the same power to issue attachments, warrants, and
subpoenas within the jurisdiction of the trial justice as is conferred
upon the trial justice and shall have the power to grant bail in any
case in which he is now authorized by general law to grant bail
and receive fees therefor, but said attachments, warrants, and sub-
poenas shall be returnable before the trial justice for action thereon.

(6) The administration and government of the town of Damas-
cus shall be vested in the town council, with the mayor as the ex-
ecutive and tie-breaker as herein provided, all of whom shall be
residents and qualified voters of the town. The council shall have
full power and authority, except as herein otherwise stated, to
exercise all the powers conferred upon the town, and to pass all
legal laws and ordinances relating to its municipal affairs. Each
member of the council may receive a salary, or per diem allowance,
for his services as such member, the amount thereof to be fixed
by the council, but such salary or allowances shall not exceed one
hundred dollars ($100.00) per year for each such member. The
council may create, appoint, or elect such boards, bodies, depart-
ments, or officers as may be permitted or required by this charter
or the general laws of the State of Virginia, and fix their compen-
sation and define their duties.

(7) The council shall have one regular meeting each month,
the time for such meeting being fixed by ordinance. Special meet-
ings shall be called by the clerk of the council upon the request of
the mayor or any four councilmen. The reasonable notice of such
special meetings shall be given to each member of the council and
the mayor. No business shall be transacted at a special meeting ex-
cept that for which the special meeting is called, unless the council
be all present and unanimous. A majority of said councilmen shall
constitute a quorum for the legal transaction of its business.

Section 3. Powers of the town council.

In addition to the powers enumerated elsewhere in this charter,
and the powers conferred by general law and the Constitution,
the town council of the town of Damascus shall have the following

wers :
pe (1) To acquire by purchase, gift, devise, condemnation, or
otherwise, property, real or personal, or any estate therein within
or without the town for any of the legal purposes of the town;
and to hold, improve, lease, sell or dispose of the same or any part
thereof, including any property now owned by the town.

(2) To own, operate and maintain water works, and to acquire
in any lawful manner, in any county of the State, such water,
lands, property rights, and riparian rights as the council of said
town may deem necessary for the purpose of providing an adequate
water supply for the said town, and of piping and conducting the
same; to lay, erect and maintain all necessary mains and service
lines, either within or without the corporate limits of said town,
for the distribution of water to its customers and consumers, both
within and without the corporate limits of said town, and to charge
and collect water rents thereon; to erect and maintain all necessary
dams, pumping stations and other works in connection therewith;
to make reasonable rules and regulations for promoting the purity
of its water supply and for protecting the same from pollution; and
for this purpose to exercise full police powers and sanitary control
over all land comprised within the limits of the water shed tributary
to any such water supply wherever such land may be located in
this State; to impose and enforce adequate penalties for the viola-
tion of any such rules and regulations; and to prevent by injunction
any pollution, or threatened pollution; of such water supply, and
any and all acts liable to impair the purity thereof; and to carry
out the powers herein granted, the said town may exercise within
the State all powers of eminent domain provided by the laws of

this State. .
(3) To collect and dispose of sewage, offal, ashes, garbage,
arcasses of dead animals and other refuse, and to make reasonable
charges therefor; to acquire and operate reduction or any other
plants for the utilization or destruction of such materials, or any
of them; to contract or regulate the collection and disposal there-
of and to require and regulate the collection and disposal thereof.

(4) To inspect, test, measure and weigh any commodities or
articles of consumption or use within the town; to establish, regu-
late, license and inspect weights, meters, measures and scales.

(5) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, or other similar shows or
fairs, or prohibit the holding of same, or any of them within the
town, or within one mile thereof.

(6) To construct, maintain, regulate, and operate public im-
provements of all kinds, including municipal and other buildings,
armories, sewage disposal plants, jails, comfort stations, markets
and all buildings and structures necessary or appropriate for the
use of proper operation of the various departments of the town;
and to acquire by condemnation or otherwise all lands, riparian and
other rights and easements necessary for such improvements, or any
of them; and, either within or without the town, to construct,
maintain, or aid therein, roads and bridges to any property owned
by the said town, and situated beyond the corporate limits thereof,
and to acquire land necessary for the aforesaid uses by condemna-
tion or otherwise.

(7) To establish, impose and enforce the collection of water
and sewage rates, and rates and charges for public utilities or other
service, products or convenience operated, rented or furnished by
the town; and to assess or cause to be assessed, after reasonable
notice to the owner or owners, water and sewage rates and charges
directly against the owner or owners of the buildings, or against the
tenant or tenants, and in event such rates and charges shall be
assessed against a tenant, then the council may require of such
tenant a deposit of such reasonable amount as it may prescribe
before furnishing such service to such tenant.

(8) To establish, construct, regulate, control and maintain
satisfactory sewers, necessary lines and systems, and to require the
abutting property owners to connect therewith, and to establish,
construct, maintain and operate sewage disposal plants and to
acquire by condemnation, or otherwise, within or without the town,
all lands, rights of way, riparian or other rights and assessments
necessary for the purposes aforesaid, and to charge, assess and
collect reasonable fees, rentals, assessments, or costs of service for
connection with and using the same.

(9) To grant franchises for public utilities in accordance with
the provisions of the Constitution and general laws ; provided, how-
ever the town shall at any time have the power to construct, own,
operate, manage, sell, encumber, or otherwise dispose of, either
within or without the town, any and all public utilities for the town,
and to sell the services thereof, any existing franchises to the
contrary notwithstanding.

(10) To compel the abatement and removal of nuisances with-
in the town, or upon property owned by the town beyond its limits,
at the expense of the person or persons causing the same, or of
the owner or occupant of the grounds or premises whereon the
same may be, and to collect said expenses by suit or motion, or by
distress and sale; to require all lands, lots and other premises
within the town to be kept clean and sanitary and free from stag-
nant water, weeds, filth and unsightly deposits, or to make them so
at the expense of the owners and occupants thereof, and to collect
said expenses of the owners and occupants thereof, and to collect
said expenses by suit or motion, or by distress and sale; to regulate
or prevent slaughter houses, or other noisome or offensive busi-
nesses within the said town, the keeping of hogs, or other animals,
poultry or fowl therein, or the exercise of any dangerous or
unwholesome business, trade or employment therein; to regulate
the transportation of all articles through the streets of the town;
to compel the abatement of smoke and dust and prevent unneces-
sary noise; to regulate the location of stables and the manner in
which they shall be constructed and kept; to regulate the location,
construction, operation and maintenance of billboards, signs, adver-
tising and generally to define, prohibit, abate, suppress and prevent
all things detrimental to the health morals, aesthetic sensibilities,
safety, convenience and welfare of the inhabitants of the town; and
to require all owners or occupants of property having sidewalks in
front thereof to keep the same clean and sanitary and free from all
weeds, filth, unsightly deposits, ice and snow, and any obstruction.

(11) To direct the location of all buildings for storing explo-
sives or combustible substance; to regulate the sale and use of
gunpowder, nitroglycerine, fireworks, kerosene oil or other like
material ; and to regulate the exhibition of fireworks, the discharge
of firearms and the making of bonfires within the said town.

(12) To provide for the preservation of the general health of
the inhabitants of said town, make regulations to secure same,
mspect all foodstuffs offered for sale and prevent the introduction
and sale in said town of any articles or things intended for human
consumption which is adulterated, impure or otherwise dangerous
to health, and to condemn, seize and destroy, or dispose of such
articles or things without liability to the owner thereof, and to
require said owner to destroy such article or thing, or to cause it
to be destroyed, at the expense of the owner or possessor ; to pre-
vent and suppress disease generally; to enforce the removal of
persons afflicted with contagious and infectious diseases to hos-

pitals for treatment; to provide for the organization of a depart-
ment of board of health with the authority necessary for the prompt
and efficient performance of its duties, with the power to invest any
or all the officials or employees of such department of health with
such powers as the police officers of the town have; to establish
quarantine grounds within or without the town and establish such
quarantine regulations against infectious and contagious diseases
as are appropriate under the laws of the State or nation.

(13) To prevent fowls and animals being kept, or running at
large, in the town, or any portion thereof.

(14) To prevent the flying of kites, throwing of stones or
engaging in any sort of employment or amusement in the public
streets which is dangerous or annoying to passersby, and to pro-
hibit the abuse of animals and to punish the abuse thereof.

(15) To acquire by condemnation, purchase or otherwise,
provide for, maintain, operate and protect aircraft landing fields
either within or without the corporate limits of the town.

(16) To restrain and punish drunkards, vagrants and street
beggars; to prevent drunken and reckless driving within town
limits, and within one mile outside the town limits; to prevent and
quell riots, disturbance and disorderly assemblages; to suppress
houses of ill-fame and gambling houses; to prevent and punish
lewd, indecent and disorderly exhibitions in said town; and to
expel therefrom persons guilty of such misconduct who have not
resided therein as much as one year.

(17) To make and enforce ordinances, insofar as not prohibited
by the general laws of this State, to regulate, control, license and
tax the manufacture, bottling, sale, distribution, transportation,
handling, advertising, possessing, dispensing, drinking and use of
alcohol, brandy, rum, whiskey, gin, wine, beer, ale, porter, stout and
all liquids and beverages and articles containing alcohol by distilla-
tion, fermentation or otherwise.

(18) To prohibit and punish for mischievous, wanton or
malicious damage to school and public property as well as private
property.

(19) To offer and pay rewards for the apprehension and con-
viction of criminals.

(20) To put into force and effect by ordinances any and
all the foregoing powers, and any other powers and authority of
the said council given by this charter, or any State law, or any
amendments thereto; and to prescribe punishment for the violation
of any town ordinance, rule or regulation, or of any provision of
this charter, said penalty not to exceed five hundred dollars
($500.00) fine or twelve months imprisonment in jail, or both.

(21) To own, operate and maintain electric lights and gas
works, either within or without the corporate limits of the town,
and to supply electricity and gas, whether the same be generated
or purchased by said town, to its customers and consumers both
within and without the corporate limits of the said town, at such
price and upon such terms as it may prescribe, and to that end
it may contract and purchase electricity and gas from the owner:
thereof upon such terms as it may deem expedient.

(22) To construct in any parks, playgrounds or public grounds
that it may maintain, or upon any town property, stadium
swimming pools, gymnasia, and recreation or amusement buildings
structures or enclosures of every character, refreshment stands
restaurants, et cetera; to charge admission for use of same, anc
to rent out or lease the privilege of construction or use of such
stadiums, swimming pools, recreation or amusement buildings,
structures or enclosures of every character, refreshment stand ot
restaurants, et cetera.

(23) To enjoin and restrain the violation of any town ordi.
nance or ordinances, although a penalty is provided upon convictior
of such violation.

(24) To exercise the power of eminent domain within thi:
State with respect to lands and improvement thereon, machinery
and equipment for any lawful purpose of the said town.

(25) To prohibit minors from frequenting, playing in, anc
loitering in any public pool room, billiard parlor or bowling alley
and to punish such minor for so doing and any proprietor o1
agent thereof for permitting the same.

(26) To extinguish and prevent fires and to establish, operate
regulate and control a fire department or division.

(27) To authorize and regulate the erection of party walls
and fences, and to prescribe how the cost thereof shall be. borne by
coterminous owners.

Section 4. The town council shall have the following addi.
tional powers:

(1) To control, regulate, limit and restrict the operation o
motor vehicles, carrying passengers for hire upon the streets o1
alleys of the town; to regulate the use of automobiles and othe
automotive vehicles upon the streets; to regulate the routes in anc
through the town to be used by motor vehicle carriers and tc
prescribe different routes for different carriers; to prohibit th
use of certain streets by motor trucks; to prescribe parking regu
lations on any or all streets and alleys; to close any street or alley
temporarily to the use of heavily loaded motor vehicles whicl
cause, especially in inclement weather, the said street or alley tc
become unfit for use by lighter vehicles or pedestrians.

(2) To give names to and alter the names of streets; to requir
the owners of houses in said town to place in public view thi
street number of said house or building as established in an order]
manner by the council; and to erect in a suitable manner such sign:
at the intersection of the streets or alleys as will plainly show th
name of said streets and alleys and to install and operate appro
priate traffic control signs at the intersections of said streets anc

alleys.
(3) The town shall have the power to acquire, establish, enter,
open, widen, extend, grade, improve, construct, maintain, and clear
public highways, sidewalks, boulevards, parkways, and alleys, and
to alter, vacate, or close the same; to establish and maintain parks,
golf courses, playgrounds and public grounds and to keep them
lighted and in good order; to construct, maintain and operate
bridges, viaducts, subways, tunnels, sewers and drains, and to regu-
late the use of all such highways, parks, public grounds and works ;
to plant and maintain or remove shade trees along the streets
and upon such public grounds; to prevent the obstruction of such
streets and highways; to regulate the operation and speed of cars
and vehicles within said streets and highways within the town and
for a distance of one mile from the limits thereof; and to do all
other things whatsoever adapted to make said streets and highways
convenient and attractive.

(4) The said town shall have the authority within or without
the town to exercise the power of eminent domain with respect to
securing proper and necessary rights of way, or other rights, for
streets and other public conveniences in said town.

(5) The said town shall have the right to require anyone
desiring to excavate in or along the border of any of said streets,
highways or alleys to secure a permit from the mayor, or such
person as the council may designate for such excavation, and to
punish violations of any ordinance in this respect.

(6) ‘In every case where a street, alley, park or public property
of the town had been or shall be occupied or encroached upon by
a fence, building, porch, projection, or otherwise, without first
obtaining consent therefor from the town council, or a franchise
therefor, such occupancy or encroachment shall be deemed a
nuisance, and the owner or occupant of the premises encroaching,
upon conviction of so doing, shall be punished as provided for
violations of ordinances herein before, and each day’s continuance
of said occupancy or encroachment, after due notice from the mayor,
shall constitute a separate offense; and the town council may re-
quire the owners of the premises encroaching, if known, or if not
known, the occupant thereof, to remove the encroachment within
a reasonable time, and if such removal be not made within the
time prescribed by the council, to cause the encroachment to be
removed and collect from the owner or occupant all reasonable
charges therefor -with costs by the same processes that they are
authorized by law to collect taxes. No encroachment upon any
street or alley, however long continued, shall constitute any adverse
possession to, or confer any rights upon, the person claiming there-
under, as against the town. :

(7) The town council shall have the power to extend or
contract the corporate limits of the town as provided by the Con-
stitution and general laws of Virginia in force at the time.
(8) The council may adopt a town plan, showing the streets,
highways, and parks heretofore laid out, adopted, and established,
and such town plan shall be final with respect to the location,
length, and width of such streets and highways, and the location
and dimensions of such parks. Such town plan is hereby declared to
be established for the promotion of the health, safety, and general
welfare. Upon the adoption of the town plan, or any amendment
thereto, a certificate to that effect, together with a plat, shall be
filed immediately with the clerk of every county affected by such
town plan and amendment.

(9) To divert the channels of creeks and flowing streams and
for that purpose to acquire property by condemnation.

Section 5. Taxation and finances. The town council shall have
control of taxation and finance for its municipal purposes. It shall
have the following powers:

(1) To raise annually by levy of taxes and assessments in
the said town on all such property, real and personal, as is now or
may hereafter be subject to taxation by towns by the laws of this
Commonwealth, such sums of money as the council thereof may
deem necessary for the purposes of the said town in such manner
as the said council shall deem expedient in accordance with the
Constitution of this State and the United States; provided, how-
ever, that it shall impose no taxes on the bonds of the said town.

(2) To impose special or local assessments for local improve-
ments and the enforced payment thereof, subject to such limitations
as may be prescribed by the Constitution and laws of this State.

(3) (a) To contract debts in the name of and for the use of
the town and make and issue, or cause to be made and issued, as
evidence thereof, bonds, notes or other obligations, within the
limitations prescribed by the Constitution and the laws of this State
covering bonds issued by towns, upon credit of the town, or solely
upon the credit of income derived from specific property owned
by the town or solely upon the credit of income derived from
property used in connection with any public utility owned and
operated by the town.

(b) To borrow money temporarily, pending the issuance and
sale of any bonds, notes or other obligations authorized by this
charter, or in anticipation of the receipt of taxes and revenue of
the current fiscal year, and to issue notes or other evidences of
indebtedness therefor, and from time to time to renew such tem-
porary loans or to use current funds to be ultimately repaid from
the proceeds of said bonds, notes, or other obligations, or from the
town taxes and revenues, as the case may be.

(4) To require every owner or operator of motor vehicles
residing in the said town on a date to be designated by the council,
to annually register such motor vehicles and to obtain a license
to operate the same by making application to the treasurer of the
said town, or such other persons as may be designated by the
council; to issue said licenses, and to require the said owner to pay
his annual license fee therefor to be fixed by the council, provided
that the said license fee shall not exceed the amount charged by
the State on the said machine, The council shall have the right to
require the operator of said motor vehicle to attach a proper license
plate on a conspicuous part of the said motor vehicle and to keep
same thereon in plain view for common observation. The council
may prorate such license fee over periods of not less than three
months.

(5) To charge and collect fees and permits to use public
facilities and for public services and privileges. The said town
shall have the power and rights to charge a different rate for any
service rendered or convenience furnished to citizens without the
corporate limits from the rates charged for same service within the
corporate limits.

(6) Except as prohibited by general laws, the town may levy
a legal tax or license on any person, firm or corporation, pursuing
or conducting any trade, business, profession, occupation, employ-
ment or calling, whatsoever, within the boundaries of the town,
whether a license may be required therefor by the State or town,
and may provide penalties for any violation thereof.

(7) To expend the money of the town for all lawful purposes.

(8) All contracts and obligations heretofore or hereafter made
by the town council, not inconsistent with this charter or the
Constitution or the general laws of this State, shall be, and are
hereby, declared to be valid and legal.

(9) A lien shall exist on all the real estate within the corporate
limits of said town for taxes, levies and assessments in favor of the
town, together with all penalties and interests due thereon, assessed
thereon from the commencement of the year for which the same
were assessed and the procedure for collecting the said taxes, for
selling real estate for town taxes, and for the redemption of said
real estate sold for town taxes, shall be the same as provided in the
general law for the State to the same extent as if provisions of
said general law were herein set out at length. The said town and
its treasurer shall have the power of all other additional remedies
for the collection of town taxes which are now, or hereafter may be
granted or permitted, under the general law.

(10) The town council shall provide for the assessment each
year of all taxable property within said town in the same manner
as provided by State law.

(11) The town council shall prepare, or cause to be prepared,
annually a budget showing the estimated receipts and proposed
expenditure for town purposes as required by State law.

(12) All goods and chattels wheresoever found may be dis-
trained and sold for taxes and licenses assessed and due thereon
for town purposes; and no deed of trust or mortgage upon goods
and chattels shall prevent the same from being distrained and
sold for taxes and licenses assessed against the grantor in such deeds
while such goods and chattels remain in the grantor’s possession.

(13) Ordinances making the annual tax levy, appropriation
ordinances, ordinances and resolutions pertaining to local improve-
ments and assessments, ordinances and resolutions providing for
or directing any investigation of town affairs, resolutions requesting
information from administrative bodies or directing administrative
action and emergency measures shall take effect at the time in-
dicated in such ordinances. When no effective date shall be set forth
in any such ordinances, resolutions or bylaws the same shall
become effective thirty (30) days from the date of its passage.

(14) The town of Damascus may levy a tax on all subjects
oi taxation not prohibited to it by, nor exempted in, the Constitu-
tion and general laws of Virginia.

(15) Upon the death, resignation, removal or expiration of
the term of any officer of the town, the council shall order an audit
and investigation to be made of the accounts of such officer and re-
port to be made to the council as soon as practicable. After the
close of each fiscal year an annual audit shall be made by a quali-
fled accountant, selected by the council; who shall have no personal
interest, direct or indirect, in the financial affairs of the town or
any of its officers or employees. The council may at any time pro-
vide for an examination or audit of the accounts of any officer or
department of the town government.

Section 6. Zoning and buildings. The town council, in addi-
tion to the foregoing powers, shall have the following powers:

(1) To regulate the size, height, materials and construction
oi buildings, fences, walls, retaining walls, and other structures
hereafter erected in such manner as the public safety and con-
venience may require; to remove or require to be removed or re-
constructed any building, structure or addition thereto which by
reason of dilapidation, defect of structure, or other causes may
have become dangerous to life or property, or which may be erected
contrary to law; to establish and designate from time to time fire
limits, within which limits wooden buildings shall not be con-
structed, added to, enlarged or repaired and to direct that any
or all future buildings within such limits shall be constructed of
stone, natural or artificial, concrete, brick, iron or other fire-proof
materials to enact stringent and efficient laws for securing the
safety of persons from fires in halls and buildings used for public
assemblages, entertainments or amusements.

(2) To provide for regular and safe construction of houses in
the town for the future and to provide a building code for the town;
to provide set-back lines on the streets beyond which no buildings
may be constructed ; to require the standard of all dwelling houses
be maintained in residential sections in keeping with the majority
of residences therein and to require the standard of all business
houses to be maintained in business sections in keeping with the
majority of the business houses therein.

(3) To make and adopt a comprehensive plan for the town and
to that end all plats and replats hereafter made subdividing any
land within the town, or within one mile thereof, into streets, alleys,
roads and lots or tracts, shall be submitted to and approved by the
council before such plats or replats are filed for record, or recorded.
in the office of the clerk of Washington County, Virginia.

(4) To issue or refuse to issue permits for the construction of
buildings, fences, walls and other structures in the said town; and
any person, firm or corporation, failing to secure such permit prior
to the beginning of said construction or other work shall be
deemed guilty of a misdemeanor and punished as hereinbefore
provided.

Section 7. If any clause, sentence, paragraph or part of this
act shall for any reason be adjudged by any court of competent
jurisdiction to be invalid, said judgment shall not affect, impair
or invalidate the remainder of said act, but shall be confined in
its operation to the part of the act directly involved in the con-
troversy in which such judgment shall have been rendered.

Section 8. The present boundaries of the town of Damascus
shall be defined as follows: Beginning at a planted stone on the
west side of the turnpike a corner to U. S. Cornett and James W.
Wilson and running in a northwest course to a point where the
Douglas land company’s line crosses Mock’s branch; thence to
a point in the middle of the Saltville road, where the said road
crosses the gap north of Damascus; thence with the line of Da-
mascus land company’s line westwardly and continuing the same
course to the north side of the river; thence with the north bank
of said river and down the same to David R. Wilson’s line; thence
with his line crossing the said river with a southerly course to
the middle of the turnpike; thence with the middle of the same to
the corner of the west Damascus land company’s land and W. D.
Rambo’s land; thence with the line between the said company
and the said Rambo in a southwest course to a large white oak
above Rambo’s spring, a corner to the said company and the said
Rambo; thence with a line to the southwest corner of W. 'F. Smith’s
lot ; thence with a line to a point in the line of west Damascus land
company’s land on the west bank of Beaver Dam creek opposite
to and near the corner between the west Damascus land company
and the Damascus land company (in the middle of said creek) ;
thence up the west bank of said creek and with the meanders of the
same to a point where the Douglas land company’s line crosses
the said creek southwest of the Acme Bark Extract company’s
plant; thence with the line between the Douglas land company’s
land and the Damascus land company’s land running east and
northeast to a point opposite a gap in the mountain east of the
said Acme Bark Extract company’s plant; thence with a line
hrough the said gap to the beginning—shall constitute an incor-
orated community and town by the name of the Town of
Yamascus.

Section 9. All ordinances in force under the previous charter
re continued in force until repealed or amended. All contracts
nd obligations of the town are continued in force.

2. Chapter one hundred thirty-four of the Acts of Assembly
' mineteen hundred four, approved March twelve, nineteen hundred
ur and all amendments thereto are hereby repealed.

3. An emergency exists and this act is in force from its passage.