CHAP. 15.—An ACT to amend and re-enact an act entitled an act
to incorporate the town of Basic City, approved March 3, 1890.

Approved December 19, 1891.

1. Be it enacted by the general assembly of Virginia,
That an act entitled “an act to incorporate the town of
Basic City,” approved March third, eighteen hundred and
ninety, be amended and re-enacted so as to read as follows,
to-wit:

That the territory contained within the limits prescribed.
in said act, as extended pursuant to the sixth section of
said act, and as extended herein, shall be as follows, to-wit :

Beginning at a point on the southern boundary of the
right of way of the Chesapeake and Ohio railway, east of
South river, said point being six thousand seven hundred
and eighty-five feet from the intersection of said right
of way and South river, measured on said right of way;
thence south, sixty-four degrees west, seven hundred and
eighty-four feet. north, seventy-three degrees forty-five
minutes west, two thousand nine hundred and five feet,
north, forty-three degrees forty-five minutes west, eight
hundred and fifty-three feet, crossing the Shenandoah
Valley railway at two hundred feet, to a stake; thence
north fifty-five degrees fifteen minutes west, four hundred
and ninety-five feet, to a point in the middle of South
river; thence down the middle of said river, in a north-
erly direction to the northern boundary of the right of
way of the Chesapeake and Ohio railway; thence in a
westwardly direction along the northern boundary of the
right of way of the Chesapeake and Ohio railway, a dis-
tance of feet, to the eastern boundary of the New
Hope and Waynesboro’ public road; thence along the
eastern boundary of said road, in a northerly direction,
to the property of the James Bush heirs; thence north,
sixty-four degrees ten minutes east, one hundred and sev-
ty-three and one-fourth poles; thence north, seventy-two
degrees ten minutes east, one hundred and twenty-one
poles and fourteen links; thence north, forty-eight degrees
east ten poles; thence south sixty-seven degrees east thir-
ty-three poles and eleven links; thence south, forty-six
degrees twenty-five minutes east, seventy-two and three-
fifths poles, to the middle of South river; thence down
the middle of South river, by its several courses, to a
point opposite the corner of the land lately owned by Ja-
cob Coiner with the land lately owned by Jonathan Coiner ;
thence to said corner; thence south, fifty-nine degrees ten
minutes east, two hundred and eighty-five poles, crossing
the Shenandoah Valley railway, to the corner of the land
lately owned by Geo. K. Coiner; thence south, twenty-
nine and a half degrees west, one hundred and six poles
and two links; thence south, sixty degrees forty-eight
minutes east, fifty-seven poles; thence south, forty-three
degrees twenty-eight minutes west, ninety-nine and four-
fifths poles; thence south, forty-seven degrees thirty-eight
minutes west, fifty-four and three-fifths poles; thence
south, fifty-four degrees thirty-eight minutes west, seven-
two and one-sixth poles; thence, by a straight line, to the
point of beginning—be deemed and taken as the town of

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Basic City, and the inhabitants of the town of Basic City
for all purposes for which towns are incorporated in this
commonwealth, shall be a body politic in fact and in
name, under the style and denomination of the town o!
Basic City, and as such shall have, exercise and enjoy al!
the rights, immunities, powers and privileges, and be sub-
ject to all the duties and obligations incumbent upon and
pertaining to said town as a municipal corporation.

2. The administration and government of said town
shall be vested in one principal officer, to be styled the
mayor; one board, to be called the council of the town of
Basic City, and in such other boards and officers as are
hereinafter mentioned or may be provided by the council.

3. The municipal officers of said town shall consist of
@ mayor, a treasurer, 81x councilmen, a sergeant, a com-
missioner of the revenue, and one justice of the peace.

4. The following named persons, who now fill the fol-
lowing offices, shal] continue in office until the first day
of July, eighteen hundred and ninety-two, and until their
successors are duly elected and qualified, namely: James
F. Bowman, mayor; J. D. Hughes, sergeant; R. F. Leedy,
comunissioner of the revenue; and councilmen as follows:
J. H. Lindsay, M. W. Quarles, W. W. Sproul, J. H. Ran-
kin, James E. Critzer and L. G. Durham, and they are
hereby clothed with all the powers, and shall be subject
to all the provisions, appertaining to their respective
offices herein prescribed.

5. An election of the municipal officers mentioned in
the third section of this act, except the treasurer, and
clerk of the council, shall be held on the fourth Thursday
in May, eighteen hundred and ninety-two, and on the
fourth Thursday in May in every second year thereafter.
The treasurer, and clerk of the council, shall be appointed
by the council, and shall hold office during the term of
office of said council and until their successors are duly
appointed and qualified. Said elections shall be con-
ducted under the provisions of the general election laws
of the state. When two or more persons are to be elected
to the same office, the several persons of the number re-
quired having the highest number of votes shall be
declared elected.

6. The mayor and all other municipal officers of said
town, before entering upon the duties of their respective
offices, shal] be sworn in accordance with the laws of the
state, by any one authorized to administer oaths under
the laws of the state. If any person, elected or appointed
to any office in said town, shall neglect to take such oath
before the day on which he is to enter upon the discharge
of the duties of his office, or shall for twenty days after
the beginning of his term of office, fail to give such secu-
rity as may be required of him by the council, he shall
be considered as having declined said office, and the same
shall be declared vacant, and such vacancy shall be filled
as prescribed in section thirty of this act.

CuaPTEerR II.—Mayor.

7. The mayor shall be elected by the qualified voters
of the town of Basic City for the term of two years; his
salary shall be fixed by the council of said town, and he
shall receive no other compensation or emoluments what-
ever, and his salary shall not be diminished during the
term of office. |

8. He shall, by virtue of his office, preside over the
meetings of the council, voting only in case of a tie, and
possess all the jurisdiction and exercise all the powers
and authority in criminal] cases, of a justice of the peace
of said town, in addition to the powers given him by vir-
tue of this act; but he shall receive no fees for his ser-
vices as such justice of the peace.

9. It shall be his duty to communicate to the town
council annually, at the beginning of each fiscal year, or
oftener if he shall be required by said council, a general
statement of the condition of the town in relation to its
government, finances, and improvements, with such re-
commendations as he may deem proper.

10. He shall exercise a constant supervision over the
conduct of all subordinate officers; have power and au-
thority to investigate their acts; have access to all books
and documents in their offices, and may examine said
officers and their subordinates on oath. He shall have
power to suspend or remove such officers for misconduct
in office or neglect of duty; but no such removal shall be
made without reasonable notice to the officer complained
of, and an opportunity be afforded him to be heard in his
defence. On the removal or suspension of such officer,
the mayor shall report the same to the town council, at
their next stated meeting, for their consideration, but in
no case shall it be final until ratified by two-thirds of the
whole council.

11. In case of the absence of or the inability of the
mayor, the president pro tempore of the council, to be
chosen by a majority vote of the council present at a legal
meeting, shall possess the same power and discharge the
municipal duties of the mayor during such absence or in-
ability.

12. In case a vacancy shall occur in the office of mayor,
the same shall be filled in the manner hereinafter pro-
vided in section thirty of this act.

13. The mayor, or any three members of the council,
may call a meeting of the council.
14. The council of the town shall be composed of six
members. They shall be elected by the popular vote of
the qualified voters of the town.

15. The town council shall, by ordinance, fix the time
for their stated meetings, and no business shall be trans-
acted at a special meeting but that for which it shall be
called.

16. The town council shall have authority to appoint
policemen and to adopt such rules and appoint such of-
ficers and committees as they may deem proper for the
regulation of their proceedings and for the convenient
transaction of business; to compel the attendance of ab-
sent members, to punish its members for disorderly beha-
vior, and, by a vote of two-thirds of the whole council,
to expel a member for malfeasance or misfeasance in
office. They shall keep a minute-book, in which their
clerk shall note the proceedings of the council, and shall
record said proceedings at large on the record-book and
keep the same properly indexed. The meetings of the
council shall be open to the public, except when the pub-
lic welfare shall require secrecy.

17. A majority of the members of the council, or three
of them and the mayor, shall constitute a quorum for the
transaction of business; but no ordinance shall be passed
or resolution adopted, having for its object the appropria-
tion of money, except by the concurrence of at least four
members. No vote or question decided at a stated meet-
ing shall be reconsidered at a special meeting unless
there be at least four members present and four of them
concur.

18. The town council shall have, subject to the provis-
ions of this act, the control and management of the fiscal
and municipal affairs of the town, and of all property,
real and personal, belonging to said town, and may make
such ordinances and by-laws relating to the same as they
shall deem proper; and they shall likewise have power to
make such ordinances, orders, by-laws, and regulations as
they may deem proper and necessary to carry out the fol-
lowing powers which are hereby vested in them:

First. To establish a market or markets in and for said
town, and appoint proper officers therefor; prescribe the
times and places for holding the same; provide suitable
buildings and grounds therefor, and enforce such regula-
tions as shall be necessary and proper to prevent huckster-
ing, forestalling, or regrading.

Second. To erect and keep in order all public build-
ings necessary and proper for said town; to erect within
the town a town prison; and said prison shall contain
such apartments as shall be necessary for the safe-keep-
ing of all persons confined thereiu, and to establish :
chain-gang and require offenders to work therein.

Third. To establish and operate water works, gas works
and electric light works or plant, within or without thi
limits of the town; to contract and agree with the
owners of any land for the use and purchase thereof, o1
have the same condemned according to law, for the loca
tion, extension or enlargement of their said works, the
pipes and wires connected therewith, or any of the fixtures
or appurtenances thereof; and shall have the power tc
protect from injury, by ordinance prescribing adequate
penalties, the said works, electric light plant, pipes.
wires, fixtures and land, or anything connected therewith.
whether within or without the limits of said town.

Fourth. To open, close or extend, widen or narrow, lay
out, graduate, curb and pave, and otherwise improve
streets, sidewalks, and public alleys in said town, and have
them kept in good order and properly lighted; and over
any street or alley in the town which may be ceded or
conveyed to the town by proper deed, they shall have like
power and authority as over other streets and alleys; they
may build bridges in and culverts under said streets, and
may prevent or remove any structure, obstruction, or en-
croachment over or under or in any street, sidewalk or
alley in said town, and may permit shade trees to be
planted along said streets; but no company shall occupy
with its works, or any appurtenances thereof, the streets,
sidewalks or alleys of the town, without the consent of
the council, duly entered upon its record. In the mean-
time no order shall be made and no injunction shall be
awarded by any court or judge to stay proceedings of the
town council in the prosecution of their work, unless it
be manifest that they, their ‘officers, agents or servants,
are transcending the authority given them by this act, and
that the interposition of the court is necessary to prevent
injury that cannot be adequately compensated in damages.

Fifth. To prevent the cumbering of streets, sidewalks.
alleys, lanes, or bridges in the town, in any manner what-
ever.

Sixth. To determine and designate the route and grade
of any railroad to be laid out in said town, and to re-
strain and regulate the rate of speed of locomotive en-
gines and cars upon the railroads within the said town.

Seventh. To make provisions for and regulate the
weighing of hay, fodder, oats, shucks, or other long forage.
They may also provide for measuring corn, oats, grains,
coal, stone, wood, lumber, boards, potatoes and other arti-
cles for sale or barter.

Highth. To secure the inhabitants from contagious,
infectious, or other dangerous diseases; to establish, erect
and regulate hospitals; to provide for and enforce the re-

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moval of patients to said hospitals; to appoint and or-
ganize a board of health for said town, with the authority
necessary for the prompt and efficient performance of its
duties.

Ninth. To require and compel the abatement and the
removal of all nuisances within said town, at the expense
of the person or persons causing the same, or the owner or
owners of the ground whereon the same shall be; to pre-
vent and regulate slaughter-houses, soap and candle fac-
tories within the said town, or the exercise of any dan-
gerous, offensive, or unhealthy business, trade, or employ-
ment therein, and to regulate the transportation of coal
and other articles through the streets of said town.

Tenth. If any ground in said town shall be subject to
be covered with stagnant water, or if the owner or owners,
occupier or occupiers thereof, shall permit any offensive
or unwholesome substance to remain or accumulate
thereon, the council may cause such grounds to be filled,
raised, or drained, or may cause such substance to be cov-
ered, or to be removed therefrom, and may collect the ex-
pense of so doing from the said owner or owners, occupier
or occupiers, or any of them, (except in cases where such
nuisance is caused by the action of the town author-
ities or their agents, in which case the town shall pay the
expense of abating the same,) by distress and sale in the
same manner in which taxes levied upon real estate for
the benefit of said town are authorized to be collected:
provided that reasonable notice shall be first given to said
owners or their agents. In case of non-resident owners,
who have no agents in said town, such notice shall be
given by publication for not less than four weeks in any
newspaper published in said town.

Eleventh. To direct the location for all buildings for the
storage of gunpowder and other cumbustible substances,
and to regulate the sale and use of gunpowder, fire-crack-
ers, or fire-works manufactured therefrom, kerosene oil,
nitro-glycerine, camphene, burning fluid, or other com-
bustible material; to regulate the exhibition of fire-works,
the discharge of fire-arms, the use of lights or candles in
barns or stables and other buildings, and to restrain the
making of bon-fires in streets and yards.

Twelfth. To prevent hogs, dogs, and other animals from
running at large in said town, and may subject the same
to such confiscation, regulations, and taxes as they may
deem proper.

Thirteenth. To prevent the riding or driving of horses
or other animals at an improper speed, throwing stones, or
engaging in any employment or sport on the streets, side-
walks, or public alleys, dangerous or annoying to passen-
gers, and to prokibit and punish the abuse or cruel treat-
ment of horses or other animals in said town.
Fourteenth. Torestrain and punish drunkards, vagrants,
and street beggars; to prevent vice and immorality; to
preserve the public peace and good order; to prevent and
quell riots, disturbances, and disorderly assemblies; to
suppress houses of ill-fame and gambling-houses; to pre-
vent and punish lewd, indecent, and disorderly conduct
or exhibitions in said town, and to expel therefrom per-
sons guilty of such conduct who have not resided therein
as much as one year.

Fifteenth. To prevent the coming into town of persons
having no ostensible means of support, and of persons who
may be dangerous to the peace and safety of the town.

19. Any member of said council being voluntarily ab-
sent from its meetings consecutively for three months, the
seat shall be deemed vacant, and the unexpired term shall
be filled according to law.

20. The town council is empowered to acquire lands to
be used as a place for the burial of the dead. The said
council shall also have power to prescribe and enforce all
needful rules and regulations not inconsistent with the
laws of the state, for use, protection, and ornamentation
of the cemetery ; to set aside, at their discretion, by metes
and bounds, any portion thereof for the interment of
strangers and the indigent poor; to divide the remainder
into burial lots, and to sell or lease the same, and to exe-
cute all proper deeds or other writings in evidence of such
sale or lease, and to prescribe what class or condition of
persons shall be admitted to interment in the cemetery.
The money from such sale or lease of burial lots shall be
invested, used, and employed for use, protection, preserva-
tion, and ornamentation of said cemetery. The cemetery,
when established or enclosed, with the property included
in it, shall be exempt from all state, county, and muni-
cipal taxation.

21. The police force shall be under the control of the
mayor, for the purpose of enforcing peace and order and
executing the laws of the state and ordinances of the town.
They shall also perform such other duties as the council
may prescribe. For the purpose of enabling them to exe-
cute their duties and powers, each policeman is hereby
‘made a conservator of the peace and endowed with all the
powers of a constable in criminal cases, and all other pow-
ers which, under the laws of the state, may be necessary
to enable him to discharge the duties of his office. The
pay, uniform, rules, and regulations for said police shall
be prescribed by the council.

22. Where, by the provisions of this act, the council
have authority to pass ordinances on any subject, they
may prescribe any penalty, not exceeding five hundred
dollars, for a violation thereof, and may provide that the
offender, on failing to pay the penalty recovered, shall

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9e imprisoned in the prison of the town (or in the jail of
Augusta county, until the said town has ajail of its own),
‘or a term not exceeding ninety days, which penalties
may be prosecuted and recovered, with cost, in the name
»f the town of Basic City, or shall compel them to work
on the atreets or other public improvements of the said
flown. But the jail of Augusta county is not to be sub-
lect to the use of the authorities of said town unless
and until the board of supervisors of said county agree
thereto by an order entered of record.

23. The town council shall not take or use any private
property for streets or any public purposes without mak-
ing to the owner thereof, just compensation for the same;
but in case where the council cannot by agreement ob-
tain title to the said ground for such purposes, it shall be
lawful for said council to apply to and obtain from the cir-
cuit or county court of Augusta county authority to con-
demn the same, which shall be applied for and proceeded’
with according to law,

24. In every case where a street in said town has been,
or shal] be, encroached upon by any fence, building or
otherwise, the council may require the owner (if known,
or if unknown, the occupant of the premises encroaching)
to remove the same, and if such removal be not made
within the time prescribed by the council, they may im-
pose a penalty of five dollars for each and every day it
is allowed to continue thereafter, and may cause the
encroachment to be removed, and collect from the owner
all reasonable charges therefor, with cost, by the same
process that they are hereinafter empowered to collect
taxes. No encroachment upon any street, however long
continued, shall constitute any adverse possession tu, or
confer any rights upon, the person claiming thereunder,
as against the said town.

25. Whenever any street, alley, or lane in said town
rhall have been opened and used as such by the public
for the period of five years, the same shall thereby become
a street, alley, or lane for public purposes, and the council
shall have the same authority and jurisdiction over, and
rights and interest therein, as they have by law over the
streets, alleys, and lanes laid out by them; and any street
or alley reserved in the division or sub-divison into lots
of any portion of the territory within the corporate limits
of the said town, by a plan or plat of record, shall be
deemed and held to be dedicated to public use, unless it
appears by said record that the street or alley so reserved
is designed for. private use. But upon a petition of a
majority of the persons interested therein, the council
shall have power to open the same for the use of the
public.
26. The council shall have power and authority to have
the side-walks, curbing, and foot-ways along any street or
alley within said town of such widths as they may pre-
scribe, properly paved or suitably repaired and altered,
whenever they may think fit, at the proper cost and ex-
pense of the owners or occupants of the lands or lots along
the front or side of which such foot-ways or side-walks ex-
tend, and to levy and collect for that purpose special tax
on each of such lots or pieces of land, proportioned to the
number of feet of the same fronting on such pavements,
and which special tax shall be collected by the sergeant of
said town as other taxes on real estate within the said
town are hereby directed to be collected. Io all cases
where lessee or tenant shall pay the expense of any such
pavement or side-walk along the side or sides of the land
or lot by him occupied, for which land or lot, by contract
with his lessor or landlord, he shall be bound to pay rent,
the amount of any such expense paid by him or collected
from him, or made out of his property, shall be a good and
valid setoff against so much of the rent due or accruing
to his lessor or landlord, but two-thirds of the town coun-
cil shall concur in voting said improvement.

27. The town council shall grant and pay to all town
officers elected or appointed in pursuance of this act such
salaries or compensation as the said council may from
time to time deem just and proper, or shall be fixed by
this act. |

28. If any person, having been an officer of said town,
shall not, within ten days after he shall have vacated or been
removed from office, and upon notification or request of the
clerk of the council, or within such time thereafter as the
town council shal! allow, deliver over to his successor in of-
fice all property, books, and papers belonging to the town or
appertaining to such office, in his possession or under his
control, he shall forfeit and pay to the town the sum of
five hundred dollars, to be sued for and recovered, with
costs; and all books, records, and documents used in any
such office, by virtue of any provisions of this act or of
any ordinance or order of the town council or any supe-
rior officer of said town, shall be deemed the property of
said town and appertaining to said office, and the chief
officers thereof shall be responsible therefor.

CuaprerR IV.—Town OFFICERS.

29. The sergeant of the town shall have and exercise the
powers of aconstable; and the mayor, justice of the peace,
sergeant, and policeman, in criminal and police matters,
shall have jurisdiction for one mile from the corporate
limits of said town, but such jurisdiction shall not extend
into the limits of the town of Waynesboro’.
30. The council may appoint, in addition to those here-
in provided for, such officers and clerks as they may deem
proper and necessary, and define their powers and pre-
scribe their duties and fix their compensation, and may
take from any officer, whether appointed by them or elect-
ed, a bond, with sureties to be approved by the council, in
such penalty as they may deem proper, payable to the
town by its corporate name, with the condition for the
faithful discharge of said duties.

All officers appointed by the council may be removed
from office at its pleasure. In case of any vacancies oc-
curring in any municipal office, where it is not herein
otherwise provided, the town council shall elect a qualified
person to fill such office during the unexpired term and
until bis successor is elected and qualified.

31. The town treasurer shall qualify before the council,
and shall give bond, to be approved by the council, in
such sum as that body may prescribe. He shall receive
all money belonging to said town. He shall keep his
books and accounts in such manner as the council may
prescribe; and such books and accounts shall always be
subject to the inspection of the mayor and any member of
the council, or any committee thereof.

32. No money shall be paid out by the treasurer except
on a warrant of the clerk of the council, countersigned by
the mayor; and he shall keep a separate account of each
fund and appropriation, and the debits and credits be-
longing thereto.

33. The treasurer shall also report to the town council
at the end of each fiscal year, and oftener, if required, a
full and detailed account of all receipts and expenditures
during the preceding fiscal year and the state of the
treasury. He shall also keep a register of all warrants,
their date, amount, number, and fund from which paid,
and the person to whom paid, specifying also the time of
payment; and all such warrants shall be examined at the
time of making such report to the town council, by com-
mittee thereof, who shall examine and compare the same
with the books of the clerk and report discrepances, if
any, to the council.

34. The treasurer shall collect all taxes and assess-
ments which may be levied by said town, and perform
such other duties as may herein be prescribed or ordained
by the town council.

35. All moneys received on all special assessments shall
be held by the treasurer as a special fund, to be applied
to the payment of the matter for which the assessment
was made, and said money shall be used for no other pur-
pose whatsoever.

36. The treasurer may be required to keep all moneys
in his hands, belonging to the town, in such place or
places of deposits as the town council may by ordinance
provide, order, establish, or direct, and such moneys shal]
be kept separate and distinct from the treasurer’s own
moneys. And he is hereby expressly prohibited from
using, directly or indirectly the corporation money or
warrants in his custody or keeping for his own use or
benefit, or that of any person or persons whomsoever; and
any violation of this provision shall subject him to imme-
diate removal from office. In case of his removal, the
town council shall elect a qualified person to fill said
office for the unexpired term of the officer so removed.
No person shal! be allowed to qualify as treasurer the second
time unless and until he shall have satisfactorily settled
his accounts as treasurer for the preceding term; and if
such settlement be not made on or before the regular time
for his entering upon the duties of his office for another
term, the office shall be considered vacant, and the vacancy
shall be filled as hereinbefore provided.

37. The clerk of the council shall attend the meetings
of the council, and keep a record of the proceedings, and
shall have the custody of the corporate seal of said town.
He shall keep all papers that, by the provision of this
act or the direction of the council, are required to be
filed with or kept by him. It shall also be his duty, im-
mediately after the close of each session of the town
council, to make and present to the mayor a transcript of
every ordinance, resolution, or order concerning any pub-
lic improvement, or for the payment of money, and every
ordinance, resolution, order and act of legislative character
passed by the town council at such session. He shall, in
like manner, transmit to the treasurer a transcript of all
ordinances, resolutions, or orders appropriating money, or
authorizing the payment of money, or the issue of bonds
or notes. He shall, in like manner, give notice to all par-
ties presenting communications or petitions to the town
council of the final action of the council on such commu-
nication or petition. He shall publish such reports and
ordinances as the town council are required by this act to
publish, and such other reports and ordinances as they
may direct, and shall, in general, perform such other acts
and duties as the town council may from time to time re-
quire of him.

38. The commissioner of the revenue shall perform all
the duties in relation to the assessment of property, for
the purpose of levying the town taxes, that.may be ordered
by the town council. He shall keep his office in some
convenient place in said town, and shall keep therein such
books, schedules, and records, and in such manner as the
mayor and town council may direct and prescribe, which
books, records, and other papers shall be subject to the in-
spection and examination of the mayor, the members of

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the town council, or any committees thereof, and of the
collector of town taxes. He shall receive for his services
the fees allowed by law, and such other compensation as
the town council may from time to time direct. The com-
missioner of the revenue, in ascertaining the value of real
property taxable in said town, shall fix the same at the
actual cash value of said property at the time of assess-
ment, irrespective of the value assessed for the purpose
of state taxation, until the next general assessment.

39. There shall be elected by the qualified voters of the
town of Basic City, on the the fourth Thursday in May,
eighteen hundred and ninety-two, and on the fourth
Thursday in May in every second year thereafter, one
town sergeant, who shall perform such duties as may be
prescribed and ordained by the town council, and shall
receive such compensation therefor, as the council shall
determine. He shall be collector of town delinquent
taxes placed in his hands by the town treasurer, and for
that purpose shall have all the powers and authority, and
be subject to the same liabilities and penalties, as are
prescribed for county treasurers in the collection of state
taxes and county levies, and may be proceeded against in
the same manner, so far as applicable and not inconsistent
with the provisions of this act. He shall pay over to the
treasurer weekly, or oftener, if he thinks proper, al] mon-
eys which come into his hands, for taxes or otherwise,
belonging to said town. He shall report to the council,
in writing, at each stated meeting, the amount of all
moneys collected by him for the town, and paid over as
herein directed. Before entering upon the duties of his
office, he shall enter into bond, with sureties to be ap-
proved by the council, in such sum as the council may
direct, said bond to be payable to the town of Basic City,
and conditioned for the faithful discharge of the duties
of said office, and shall be entered on the records of the
ceuncil, and the original shall be filed in the office of the
clerk of the council.

40. There shall be elected by the qualified voters of
said town, on the fourth Thursday in May, eighteen hun-
dred and ninety-two, and on the fourth Thursday in May
in every second year thereafter, one justice of the peace
for said town, who shall be a resident of the said town,
and shall hold office for the term of two years, and until
his successor be elected and qualified, unless sooner
removed from office. The said justice of the peace shall
receive for his services, such fees as are provided by law
in respect to justices of the peace in counties of this state,
and shall qualify before the county court of Augusta
county.
41. The town council may, in the name of and for the
use of the town, contract loans, or caused to be issued
certificates of debts or bonds: provided that, for the
purpose of supplying the town with water and lights, and
for the improvement of the town in such other respects
as the town council may deem advisable, the town coun-
cil, at such time or times as it deems proper, is author-
ized to issue certificates of debts or bonds, for an amount
not exceeding fifty thousand dollars; and provided that,
after the issue of the said fifty thousand dollars of certifi-
cates of debts or bonds, no such certificates of debts or
bonds shall be issued for an amount exceeding five thous-
and dollars for any one purpose, except by a two-thirds
vote of the council, ratified by a majority of the freehold
voters of the town voting on the question; but such loans,
certificates, or bonds shall not be irredeemable for a pe-
riod greater than thirty-four years: provided, further,
that said council shall not contract such loan, or issue
such certficates of debts or bonds, for the purpose of sub-
scribing to the stock of any company incorporated for a
work of internal improvement or other purpose, without
being first authorized so to do by three-fourths of the
freehold voters of the town voting on the question: Pro-
vided, further, that in no case shall the aggregate debt of
the town at any one time exceed ten per centum of the
assessed value of the property, real and personal, within
the town limits, unless the amount above allowed to be
issued should exceed said ten per centum; and provided,
further, that the said council shall not endorse the bonds
of any company whatsoever, without the same authority.
All contracts for the erection of public improvements
within the jurisdiction of the town council shall be let to
the lowest bidder, reserving the right to reject any and all
bids, and notice shall be given at least thirty days before
the work is finally let, by advertisement in one or more
of the newspapers published in the town, and the party
to whom said contract shall be let, shall give such bond
as the council may require; but in no event shall any con-
tract be let to any member of the town council, nor shall
any member have any interest in such contract.

42. Whenever there shall be contracted by the council
any debt, not payable within one year thereafter, there
shall be set apart annually for thirty-four years, or until
the debt is paid, a sum not less than one per centum of the
amount of any debt, in addition to the annual interest
agreed to be paid thereon, which sum shall be applied and
invested towards the payment of such debt.

43. For the execution of its powers and duties, the
town council may raise taxes annually, by assessments, in
said town, on all subjects taxable by the state, such sums
of money as they shall deem necessary to defray the ex-
penses of the same, and in such manner as they shall
deem expedient (in accordance with the laws of this state
and the United States); provided that no tax upon real
and personal property in said town shall exceed one dol-
lar and fifty cents upon the one hundred dollars assessed
value thereof: and provided also, that, if the council deem
it expedient, they may provide, by resolution passed by
two-thirds of the entire council, that no corporation tax
shall be levied upon machinery, implements, money, and
capital of any manufacturing establishment, actually in
use for manufacturing purposes within the said town, for
ten years from the first of January, eighteen hundred and
ninety-two; but this proviso is not intended to apply to
capital employed in purchasing articles manufactured
outside of the town and brought there to be used in man-
ufacturing.

44. The town council may levy a tax on water, electric
lights, and gas; on licenses to agents of insurance com-
panies whose principal office is not located in said town;
to auctioneers; to public theatricals or other performances
or shows in said town, or within a mile of the corporate
limits thereof; but not within the town of Waynesboro’;
to keepers of billiard-tables and ten-pin alleys; to hawkers
and peddlers; to agents for the renting of real estate; to
commission merchants, and any other business licensed
by the state.

45. Any payment of taxes made by the tenant, unless
under an express contract contained in his lease, shall be
a credit against the person to whom he owes the rent.

46. The council may grant or refuse licenses to owners
or keepers of wagons, drays, carts, hacks, and other
wheeled carriages kept or employed in the town for hire,
and may require the keepers or owners of wagons, drays,
and carts 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 com-
pensation.

47. All goods and chattels, wheresoever found, may be
distrained and sold for taxes assessed and due thereon,
and no deed of trust or mortgage upon goods and chattels
shall prevent the same from being distrained and sold for
taxes assessed against the grantor in such deed.

48. There shall be a lien on real estate for the town
taxes as assessed thereon from the commencement of the
year for which they were assessed. The council may re-
quire real estate in the town delinquent for the non-pay-
ment of taxes to be sold for said taxes, with interest
thereon, at the rate of ten per centum per annum, and
such per centum as the council may prescribe for charges.
Such real estate may be sold and may be redeemed in the
manner provided by law.

49. The town council may organize and maintain a fire
department for the town, and appoint an engineer, assist-
ants and other officers, with any and all the powers which
have been or may be vested by law in such officers, and
they may make rules and regulations for the government
of the officers and men of said department; may prescribe
their respective duties in case of fire, or alarms of fire;
may fix their pay, and may impose reasonable fines for the
breach of such regulations; and may make such ordi-
nances as they may deem proper to extinguish and pre-
vent fire; to prevent property from being stolen; and to
require citizens to render assistance to the fire department
in case of need.

50. For the purpose of guarding against the calamities of
fires, the town council may, from time to time, designate
such portions and parts of the town as they may deem
proper within which buildings of wood may or may not
be erected. They may prohibit the erection of wooden
buildings in any portion of the town without their per-
mission, and shall, on the petition of the owner or owners
of at least one-half of the ground included in any square
of the town, prohibit the erection on said square of any
buildings, or addition to any building, unless the outer
wall thereof be made of brick and mortar, or metal, and
may provide for the removal of such building or addition
which shall be erected contrary to such prohibition, at the
expense of the builder or owner thereof; and if any such
building shall have have been commenced before said peti-
tion can be acted on by the council, or if any building in
process of erection, or already built, appears clearly to be
unsafe, the council may cause such building to be taken
down, after reasonable notice to the owner.

51. The said council shall, by ordinance, provide for

any irregular election not herein provided for, and appoint
the necessary officers to conduct the same.
_ 62. All officers elected under this act shall enter upon
the discharge of their duties upon the first day of. July
next succeeding their election, and shal] continue in office
for the term of two years, and until their successors are
elected and qualified.

53. The jailor of Augusta county, or the person in
charge of the prison of said town, is authorized to receive
into the said jail or prison, without mittimus or warrant,
all persons apprehended by the sergeant or any police ofh-
cer of said town, for violation of the rules, regulations,
by-laws, or ordinances, or disturbing the peace of said
town, and shall be authorized to retain such persons in
his custody until ten o’clock in the morning of the second
day, at which time they shall be discharged unless regu-
larly committed to his custody by a mittimus or warrant,
in which case the officer so receiving said parties shall be
entitled to the fees provided to be paid when a person is
committed under a warrant or mittimus of a justice of the
peace.

54. No tax shall be levied or corporation debt con-
tracted unless by a resolution passed by a recorded vote of
a majority of the council.

55. No penalty shall be imposed under any ordinance
until the same has been published for one week, either by
publication in some newspaper published in the said town
or by hand-bills posted in public places within the town.

56. The town council shall have power and authority, at
any time after the passage of this act, to lay off new lots,
streets, and alleys, and other lands not included within
the limits of said town, and to include the same within
the corporate limits thereof, with the consent of the own-
ers of the land which they may desire so to include; or, if
any such land be owned by an infant, feme covert, or per-
son non compos mentis, imprisoned or not, within the
commonwealth, or by any person disabled by law in any
manner to give consent, then, in that case, with the con-
sent of the county court of Augusta county.

57. All streets, cross-streets, and alleys which are not
already laid off and opened, or which may at any time be
located, surveyed, and opened in said town, or in extend-
ing the same by the authorities of said town, shall be, and
they are hereby, established as public streets and alleys
of said town.

58. The qualified voters of Basic City shall have the
right to determine by vote whether the sale of liquor
shall be licensed in the limits of said town, in the man-
ner provided “for submitting the question of liquor
license to the qualified voters of counties, corporations,
and magisterial districts” by chapter twenty-five of the
code of Virginia (eighteen hundred and eighty-seven, )
and amendments thereof; and the act of the legislature
entitled an act “to authorized the voters of Waynesboro’
and vicinity to determine by popular vote on the propriety
of selling intoxicating liquors within certain limits,” ap-
proved February nine, eighteen hundred and eighty-two,
acts eighteen hundred and eighty-one and eighteen hun-
dred and eighty-two, shall not apply to the territory
within the limits of Basic City, but such territory shall
be wholly exempt from the operation of said act. In
granting license to sell liquor within the limits of said
town, no place shall be deemed suitable by the court for
that purpose unless such place be located where it may
be convenient!7 and easily policed by the authorities of
said town; and if the town council shall designate and
define by bounds a certain portion or portions of the said
town as the portion or portions of said town to which the
sale of liquor should be confined, then no person or firm
shall be granted license to sell liquor outside of the said
defined portion or portions of said town. No license to
sell liquor within the territory outside the corporate
limits of Basic City, extending one mile therefrom, shall
be granted, the territory within the corporate limits of
Waynesboro’ being exempt from the operation of this act,
and no license shall be granted to sell liquor at any place
inside the. corporate limits of Basic City, that is distant
less than six hundred yards from the corporate limits of
Waynesboro’ as they ran the first day of December, eigh-
teen hundred and ninety-one.

59. The council shall have power to acquire land for a
public park or parks, to lay off the same into walks and
driveways, and to ornament and otherwise improve said
park or parks in any way deemed proper; to prescribe
and enforce all needful rules and regulations, not incon-
sistent with the laws of the state, for the use, protection,
and ornamentation of the said park or parks.

60. Whenever any new street shall be laid out, a street
graded or improved, a culvert or sewer built, a sidewalk
or gutter paved or curbed, or any other improvement
made, the town council shall determine what portion, if
any, of the expenses thereof, shall be paid out of the
town treasury, and what portion by the owners of real
estate benefited thereby. All real estate within the town
exempt from taxation by law, shall pay the portion of
cost of such improvements so assessed against the real
estate; but no such improvement shall be made, the costs
of which is to be defrayed by the owners of real estate ben-
efited thereby, in whole or in part, by a local assessment,
until first requested by a petition signed by at least a ma-
jority of the owners of the property to be assessed for
such improvements, or unless two-thirds of the council
shall concur in voting such improvement to be expedient.
Any such assessment shall be collected as other taxes on
real estate are collected in said town; and in all cases in
which a lessee or tenant shall pay the expenses of such
Improvement assessed upon the land occupied by him,
the amount of any such expenses paid by him, or made
out of his property, shall be a valid off-set against so
much of the rent due or accruing to his landlord, unless
it is otherwise stipulated between said lessee or tenant and
landlord.

61. And for more equal apportionment of the taxes
upon the lots and buildings of said town, it shall be law-
ful for the council thereof, at such time and as often as
may be deemed necessary by them, to appoint three free-
holders, over twenty-one years of age, who, being first

Google
duly sworn for that purpose, shall, without delay, proceed
to value the lands, lots, and buildings, and improvements
as may hereafter be made and erected within the limits
of said town; which valuation, any two of said valuers
concurring in the same, in writing, under the hands and
seals of said valuers, or of the two concurring as afore-
said, shall be returned forthwith to the council of said
town, to be entered of record upon their proceedings.
And the council of said town, when assessing tax upon real
estate thereof for any year, shall be regulated by the valu-
ation so returned, which valuation shall be taken and
considered as the valuation for the purpose aforesaid,
until a new valuation shall be made. And if any person
or persons shall consider themselves aggrieved by the
valuation of said valuers, he or they shall have the privi-
lege of appeal (within twenty day after the return of
said valuation) to the council, whose decision thereon
shall be final; but all the property assessable by the board
of public works shall be exempt from said valuation.

62. The town of Basic City and the officers thereof,
whether appointed by this act or hereafter elected or
appointed in aecordance with its provisions, shall be
clothed with all the powers and be subject to all the pro-
visions of the general laws of this state, except in so far
as the same are in conflict with the provisions of this act.

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