Chap. 262.—An ACT to Amend and Re-enact Section Seventeen of an Act
approved March 21, 1871, entitled an Act to Amend and Re-enact an
Act entitled an Act to Incorporate the Town of Liberty, in the County
of Bedford, and to Ad‘ to said Charter Sections 24, 25, 26 27 and 28.

Approved March 28, 1873.

1. Be it enacted by the general assembly, That section sev-
enteen of an act approved March twenty-first, eighteen hun-
dred and seventy-one, entitled an act to amend and re-enact an
act entitled an act to incorporate the town of Liberty, in the
county of Bedford, be amended and re-enacted so as to read as
follows, and that sections twenty-four, twenty-five, twenty-six,
twenty-seven and twenty-eight be added to said charter:

§ 17. The council may levy a tax on licenses to agents of insu-
rance companies whose principal office is not located in said
town; to auctioneers; to public theatrical, or other performances
or shows; to keepers of billiard tables, ten-pin alleys and livery
stables; to hawkers and pedlers; to agents for the renting of
real estate; to commission merchants; and any other business
for which a license may be required by the state. And may
grant or refuse license to owners or keepers of wagons, drays,
carts, hacks, or other wheeled carriages, kept or employed in
the town for hire; and may require the owners or keepers of
wagons, drays, carts, hacks, or other wheeled carriages, using
them in the town, to take out a license therefor, and may assess
and require taxes to be paid thereon, and subject the same to
such regulations as they may deem proper, and may prescribe
their fees and compensation. ,

§ 24. The council shall not take or use any private property
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 Bedford, or the circuit court thereof, autho-
rity to condemn the same, which shall be applied for and pro-
ceeded with according to law. |

§ 25. Whenever any new street shall be laid out and opened,
a street graded or paved, or a ‘culvert built, the council shall
determine what portion, if any, of the expense thereof shall be
paid out of the town treasury, and what portion by the owners
of real estate benefitted thereby. But when the person so as-
sessed by the council shall consider himself aggrieved by said
assessment, he shall have the right to select one disinterested
person, and the council shall select another like person, and
they shall determine whether said assessment is reasonable and
just, and in case they cannot agree, they shall select a third
person, and their award shall be conclusive and binding upon
the parties concerned.

§ 26. For the purpose of ascertaining the value of real estate
within the corporate limits of the town, the council shall have
authority to appoint, as they may deem necessary, one or more
persons (not members of the council), who shall be freeholders,
to ascertain and assess the value of all real estate within the
corporate limits of said town, under such regulations as said
council may prescribe; and such assessors may be appointed
annually thereafter. And any person aggrieved by any such
assessment may appeal to the county court of said county
within thirty days after such assessment: provided, that the
person so appealing shall make affidavit that his or her pro-
perty is assessed at more than its true value, and the judge of
the court shall, either in vacation or in court, decide such ap-
peal; but in all cases ten days’ notice shall be given to the
mayor and common council of the town.

§ 27. Every member of the council shall be a conservator of
the peace. In the absence or inability of the mayor to act, the
recorder shall act and have all the authority vested in the
mayor for the trial of parties, and he may, if he desire, sum-
mon any two members of the council to act with him, and the
three shall have the same powers as the mayor; and in the ab-
sence or inability of the mayor and recorder, any three mem-
bers of the council shall have the power to sit, and try cases for
violation of the laws and ordinances of the town.

§ 28. The council shall have power to restrain and punish
drunkards, vagrants and street beggars; to prevent vice and
immorality; to preserve the public peace and good order; to pre-
vent and quell riots, disturbances and disorderly assemblages ; to
suppress houses of ill fame and gambling houses; to prevent
and punish lewd, indecent and disorderly conduct or exhibi-
tions in said town, and to expel therefrom persons guilty of
such conduct who have not resided therein as much as one
year. Also to prevent, forbid and punish the selling or giving
of liquors and intoxicating drinks to be drunk in any place not
duly licensed, and the selling or giving to be drunk any intox-
icating liquors to any child or minor without the consent in
writing of his or her parents or guardian; and for any violation
of any such ordinance may impose fines in addition to those
prescribed by the laws of the state.

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