Chap. 96.—An ACT to Incorporate the Town of Lebanon, in Russell
County.

In force February 21, 1873.

1. Be it enacted by the general assembly, That the town
of Lebanon, in the county of Russell, as the same has been or
may be laid off into lots, streets and alleys, shall be and the
same is hereby made a town corporate, by the name of the town
of Lebanon, and by that name shall have and exercise all the
powers, rights, privileges and immunities conferred upon towns
by the fifty-fourth chapter of the Code of Virginia of eighteen
hundred and sixty, as amended by “an act for the government
of towns of less than five thousand inhabitants,” approved
November fifth, eighteen hundred and seventy, so far as the
provisions of said chapter, as amended, are not in conflict with
the provisions of this act.

2. The boundaries of said town shall be as follows, viz.: Begin-
ning at the northwest corner of James J. Henritze’s lot, thence
south with Mrs. Martha Carroll’s fence, crossing the road near
Fickle’s shop, to Charles Carroll's gate; thence east with said
Carroll’s fence to the alley west of J. B. Fickle’s; thence south
with said Carroll’s fence to the south side of the back street;
thence east to H. B. Ferguson’s fence, and with his fence south
far enough so that a straight line east will include the house
of Captain J. W. McBroom; thence with fence between the
parsonage and the lot belonging to the heirs of A. F. Hendrick,
deceased, to Isaac Vermillion’s; thence a straight line east to
Gilmer Cowan’s fence; thence north with said fence so as to
include Dr. E. D. Kernan’s lot, crossing the road so as to
include the house and stable on the hill belonging to Gilmer
Cowan to a stake opposite the northern line of the lots owned
by T. C. M. Anderson and James J. Henritze; then west so as
to include the two last-named lots to the west corner of J. J.
Henritze’s lot; thence south to the beginning.

3. The officers of said town shall consist of four trustees
and one mayor, who shall compose the council (three of whom
shall constitute a quorum to transact business) and a sergeant,
who shall hold their office for one year, and until their suc-
cessors are elected and qualified. The said council shall have
power to provide for keeping the streets in order and paving
the same, to keep the side walks in good order, free and clean,
by the owners or occupants thereof, and to provide for other
necessary improvements; for which purpose they may levy
such tax as they may deem proper not exceeding thirty cents
on the hundred dollars, nor exceeding fifty cents poll tax.

4. The council shall also have authority to abate or cause to
be abated anything which in the opinion of a majority of the
whole council shall be a nuisance; to provide for the poor
within the limits of the corporation; to provide a revenue for
the town and appropriate the same for its expenses; to pro-
vide for the annual assessment of the taxable property and
persons of the town; to appoint and publish the place of hold.
ing a town election; to regulate and provide for the weighing
and measuring of hay, wood, coal and other articles sold or fo1
sale in said town; to adopt such rules and regulations as they
may deem necessary; to prevent the running at large withou'
their owners’ premises, hogs, dogs, horses or other animals, ex
cept milch cows, and to prevent the cumbering of streets, side
walks, alleys and bridges in any manner whatever.

5. The council shall have power to appoint a recorder, wh«
shall keep an accurate record of all its proceedings, by-laws
acts and orders, which shall be open to the inspection of an‘
one who is entitled to vote for members of council, and sucl
person so appointed recorder shall also act as treasurer, whos
duties shall be prescribed by the council. The council ma;
appoint such other officers as they may deem proper, defin
their powers and prescribe their duties and compensation, wh«
may be removed from office at the pleasure of the council.

6. There shall be elected by the voters of the town, on
mayor of the town residing therein, who shall preside at al
the meetings of the council, and when they are equally divided
shall, in addition to his individual vote, give the casting vote
and to carry into effect the powers herein enumerated, and all
other powers conferred upon the said town or its council, express
or implied, in this or any other act of the general assembly of Vir-

inia. The council shall have power to pass all by-laws and or-
dinances that they may deem necessary for regulating the po-
lice and preserving the peace, good order and government of
the said town, not contrary to the constitution and laws of
Virginia or the United States, and to prescribe, impose and en-
act reasonable fines and penalties or imprisonment in the
county jail not exceeding thirty days, all of which fines, pen-
alties or imprisonment shall be recovered before or enforced
under the judgment of the mayor of said town (or of the per-
son lawfully exercising his functions), who shall be invested
with all powers of a justice of the peace within the limits of
said town, except that no civil warrants shall be tried by him.
The authorities of the town shall, with the consent of the
county court, entered of record, have the right to use the jail
of said county of Russell for any purposes for which the use
of a jail may be needed by them, under the acts of the council
or of the state; and when any judgment shall have been ren-
dered against any person or persons, for fines or penalties im-
posed by or incurred under this act or the by-laws and ordi-
nances of the council, and there shall be no visible effects
which the sergeant may distrain and sell therefor, the person
or persons so in default may be compelled to work out such
fines or penalties on the public streets, alleys or other public
improvements, under the general superintendence of the ser-
geant, and under such rules and regulations as may be deemed
proper by the council.

7. The sergeant of said town shall be a conservator of the
peace and be invested with the full powers of a constable
within the limits of said town; he shall have power to arrest
offenders within one mile of said limits, for offences committed
within the limits of said town; he shall collect the town
taxes and may distrain and sell therefor in like manner as a
township collector may distrain and sell for state taxes, and
shall have in other respects like powers to enforce the collec-
tion thereof; he shall perform all other acts appertaining to
the office of sergeant of a corporation, and perform such other
duties and receive such compensation as shall be fixed by the
council. Before entering upon the duties of his office he shall
give bond with security, payable to the corporation, in such
sum as may be deemed proper by the council, conditioned for
the faithful discharge of his duties; he shall be removable from
office by the council for malfeasance or misfeasance in office.

8. The said town and taxable persons and property therein
shall be exempt and free from the payment of any poor rates
or road tax, and from contributing for any county expenses for
the poor or the roads, and from working on roads outside of
said corporation of said county for any year in which said
town shall, at its own expense, provide for its own poor and
keep its own streets in order.

9. Whenever any thing for which a state license is required
is to be done within the limits of the said town, the council
may require & town license to be had for doing the same, and
may impose a tax thereon for the use of the town. The reve-
nue from those and other sources shall be collected, paid over
and accounted for at such times and to such persons as the
council may order.

10. An election for officers to be elected under this charter
shall be held on the first Saturday after the second Monday in
May, eighteen hundred and seventy-three, reasonable notice
having been given of the place of voting in said town, and once
in every year thereafter, an election shall be held for such offi-
cers on the sameday ofthesame month. The termof office of all
such officers so chosen shall commence on the first Monday of
June next thereafter, but all officers elected or appointed, shall,
before entering upon the duties of their office, take and sub-
scribe an oath or affirmation to well and faithfully, and to the
best of their skill and judgment, execute and perform their
respective duties; which oath or affirmation shall be returned to
the recorder for said town and filed with the records of the
council. . 7

11. If any one duly elected to office under this act shall not
be eligible under the laws of the state, or shall refuse to take
the oath or affirmation required under this act within twenty
days from his election, the council shall declare his said office
vacant, and fill such vacancy by appointment, and when from
any cause vacancy occurs the same shall be filled by the council.

12. The council shall not take or use any private property
for the 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 agree-
ment, obtain title to the ground necessary for such purposes, it
shall be lawful for said corporation to apply to and obtain from
the circuit court of Russell county authority to condemn the
same, which shall be applied for and proceeded with according
to law.

13. E. D. Kernan is appointed mayor and G. S. Bruce, T. H.
Lynch, Isaac Vermillion and George A. Pruner are appointed
councilmen for said corporation, with full power to carry into
effect the foregoing act, until the corporation election in May,
eighteen hundred and seventy-three.

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