Chap. 23.—An ACT to incorporate the town of Mendota, in the
county of Washington.

Approved December 19, 1889.

1. Be it enacted by the general assembly of Virginia,
That the town of Mendota, in the county of Washington,
as the saine 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 Mendota, and by that name shall
-have and exercise all the powers, privileges and immuni-
ties, and be subject to.all the provisions of the general
laws, so far as the same relate to towns of less than five
thousand inhabitants, and are not in conflict with the
powers herein conferred, that the boundary of said town
shall be as follows:

2. Beginning where the Mendota and Moccison turnpike
intersects the Poor valley road, thence due south to the
top of Little Mountain, thence with the top of said moun-
tain to the north fork of Holston river, thence with said
river to the Scott county line, thence with said line one
mile, thence due east to the said turnpike, thence with
said turnpike to the beginning.

3. The government of said town shal! be vested in a
council of seven, to be chosen annually by ballot on the
fourth Thursday in April in each vear.
4. Any person entitled to vote in the county of Wash-
ington, and residing in the corporate limits of the town of
Mendota ten days previous to any election, shall be enti-
tled to vote at all elections under said act of incorporation.

5. The mayor shall appoint two members of the council,
who, with the clerk of the council, shall hold said election
between the hours of one in the afternoon and sunset, and
they shall decide any contest with reference to the right
of any individual to vote, and shall count the ballots. In
case it 1s impossible to decide, the seven, who have the
highest number of votes, by reason of a tie, the said clerk
shall decide in the presence of the two councilmen afore-
said by lot. Said clerk shall immediately thereafter make
out and deliver to each one of the councilmen elected a
certificate of his election.

6. Said councilmen shall meet in the first week of May
following. The mayor to be their president. Said officers
shall hold their respective offices for one year, or until
their successors are elected and qualified. Said officers
shall qualify by taking the oath of office before the clerk,
or other persons authorized to administer oaths; they may
be removed from office by the unanimous vote of the coun-
cil for good cause. All the officers of the corporation shall
serve without compensation, except as hereinafter pro-
vided. Said council shall appoint its own time of meet-
ing, provided that the mayor may call a meeting of the
pame at any time when necessary. Five members shall
constitute a quorum, and any vacancy among any of the
officers of the corporation shall be filled by said council.
The said council at its first regular meeting in May shall
elect a mayor pro tempore, who shall have all the powers
of the mayor in the absence of the mayor, or when from
any cause the mayor is unable to discharge his duties as
such.

7. In addition to the above-named officers there shall .
be elected annually, by the qualified voters of said town,
a mayor, a clerk, a town sergeant, and treasurer. The
mayor shall be the presiding officer of-the council, but
shall have no vote, except in case of a tie. The mayor
shall and may exercise all jurisdiction, civil and criminal,
now by law conferred upon justices of the peace, shall
preserve peace and good order in said town; and to this
end shall be a conservator of the peace, with all the pow-
ers conferred upon conservators of the peace by law; and
shall be entitled to the same fees as a justice of the peace.

8. Said council and sergeant shall have all the powers
and perform all the duties belonging to overseers of roads
under the general road law. Thesergeant shall, before he
enters upon the duties of his office, execute a bond for the
faithful performance of his duties, which bond shall he
approved by the council and filed with the clerk, and for
his services he shall be allowed annually a certain sum to
be named by the council.

9. The treasurer of said town shall pay out the money
in his hands on the warrant of the mayor and clerk, cer-
tifying that it is done by order of the council. He shall
before entering upon the duties of his office, execute a
bond for the faithful performance of his duties, which
bond shall be approved by the council and filed with the
clerk, and for his services he shall he allowed a certain
sum to be named by the said council.

10. The council shall have power to make accurate
hounds of existing streets and to compel the removal of
obstructions therefrom, and to lay off and have new streets,
allevs and sidewalks, and to provide and protect shade
trees thereon. The council of said town shall have the
same jurisdiction for condemning lands for streets, alleys,
and sidewalks of said town, as the county court has for
condemning land for roads in the county. The council
shall further have power to provide against and prevent
accidents by fire; to establish and regulate markets; to
prevent the running at large of hogs, dogs, horses, and
other animals: to prey enf the cumbering of streets, ‘side-
walks, and alleys in any manner whatever; to make gani-
tary regulations in reference to contagious or other dis-
eases; to regulate the building of all houses, stables,
privies, hog-pens, and slaughter-houses; to abate nuis-
ances at the expense of those who cause them; to restrain
and punish drunkards, vagrants, mendicants and street
beggars: to appoint police and prescribe their duties anu
compensation, and to make, pass and ordain such ordi-
nances, rules, regulations and by-laws as they may deem
necessary and proper for the internal and general good,
safety, health and convenience of said town and inhabit-
ants thereof, and for enforcing the provisions of this
charter. They shall punish all violators of law by fine or
imprisonment, or both, in the discretion of the officer or
officers trying the offenders; provided the accused shall
have the right of appeal to the county court in all cases
whatsover whenever the fine shall exceed twenty-five dol-
lars or the imprisonment exceed thirtv days. The said
council shall have power and may provide a suitable cala-
boose for the confinement and imprisonment of the of-
fender or offenders as aforesaid. Whenever judgment
shall be rendered against any persons for fines, and there
be no visible effects which the sergeant may distrain and
sell therefor, the person so in default may be compelled to
work out such fines on public streets or other improve-
ments, and to suffer in addition such term of imprison-
ment as may be prescribed by the ordinances of said town.
All fines for violation of ordinances of said town shall be
paid into the treasury of said town, and shall be appro-
priated as the council may determine.

11. The council may annually levy a tax for roads,
streets, sidewalks and all other purposes by a two-thirds
vote, to be approved by the mayor, which on no property
shall exceed fifty cents on the one hundred dollars valua-
tion; except that on a petition of freeholders, represent-
ing two-thirds of the valuation within the corporation,
the council may levy a corporation tax not to exceed the
amount named in the petition. The said council shall
have the power, and may levy a poll-tax not to exceed fifty
cents on each male person in any one year.

12. That for the purpose of maintaining the police
regulation of said town, under the authority of this-act,
the jurisdiction of the corporate authorities thereof shall
be and the same is hereby made to extend one mile
beyond the limits of said town. Each and every council-
man of said town shall be a conservator of the peace, with
all the power conferred upon conservators of the peace by
the law of Virginia.

12. Lacy J. Barb, Solomon Sproles, J. T. Martin, John
M. Hamilton, Daniel Price, C. P. Crumley and I. A.
Worley are hereby declared and appointed councilmen ;
F. P. Hale, as mayor; P. L. Barker, as clerk; Henry C.
Garrison, as sergeant; and W. S. Stickley, as treasurer of
said town, and may qualify before any magistrate or
notary public in the county; and thereupon they shall
constitute until their successors are elected and qualified
as hereinbefore provided the council, the mayor, the clerk,
the sergeant, and the treasurer of said town of Mendota,
and as such they shall perform all the duties of said
officers. .

14. The clerk shall keep a correct record of all the pro-
ceedings of the council, shall provide the books and sta-
tionery therefor, make out the certificates of election,
make out a list of property to be assessed, real and per-
sonal, within the limits of the corporation and assess the
same according to the best information obtained by him;
and shall issue tickets for taxes voted by council, which
tickets he shall deliver to the sergeant when ordered by
the council; and shall have power to administer the oaths
of office to any of the town officers, and for said services
he shall he allowed annually a certain sum to be named
by the council.

15. The sergeant of the said town upon entering into
bond in the county court of Washington county, in the
manner prescribed by law for constables and with such
conditions as constables are required by law to enter into
shall have al] the power and authority of a constable in
the collection of money by warrant or otherwise, and to
execute any and all processes directed to him or which
might have been so directed, and shall, and may do, and
perform all acts, execute and return such warrants, and
be liable in the same manner and to the same extent that
constables are by the laws now in force.

16. The sergeant of said town shall be a conservator of
the peace, and shall have power to arrest in said town, or
anywhere within Washington county, upon a warrant
issued by the mayor, a justice of the peace, or council-
man, any person charged with a violation of the laws of
the commonwealth or ordinances of said town; and where
a violation of the laws or ordinances aforesaid are com-
mitted in his presence, he shall have authority and power,
without warrant, forthwith to arrest the offender and
carry him before a justice of the peace of Washington
county, or the mayor, or some conservator of the peace of
said town, to be dealt with according to law. The ser-
geant shall collect the taxes voted by the council, for
which he shal] be allowed a certain per centum for col-
lecting and paying out the same, the rate to be fixed by
the council. He shall have the like rights of distress and
power for collecting taxes and levies made by said council
of said town, as tax collectors in similar cases, and in the
collection of all fines arising under the authority of this
act, or of any by-laws made in pursuance thereof, he shall
have and possess the same rights and powers as aforesaid.
He shall pay over the money in his hands to the treasurer
of said town, taking his receipt for the same. He shall
perform all the duties of overseers of roads and streets in
the corporation in accordance with the laws of Virginia.
No road tax shall be assessed upon the property within
the corporation except by the council aforesaid, which
road tax shall be expended upon the roads and streets of
said town by the sergeant aforesaid, under direction of
the council. For his services as overseer of roads and
streets, he shall be entitled to the same compensation
allowed by law to overseers of roads.

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