Chap. 276.—An ACT to incorporate the town of Norton, in Wise county. ©

Approved February 15, 1894.

1. Be it enacted by the general assembly of Virginia, That the
town of Norton, in Wise county, as the same is now or shall be laic
off into lots, squares, streets and alleys, shall be, and the same ii
hereby, made a town corporation by the name of Norton, and by tha
name shall have and exercise all the powers conferred on towns 0
less than five thousand inhabitants by the code of Virginia of ann
domini eighteen hundred and eighty-seven, and be subject to al
the provisions of said code and to all laws now in force, or whic!
may hereafter be enacted, in reference to the government of towns 0
less than five thousand inhabitants, so far as the same are not in
consistent with the provisions of this act.

2. The limits of said town shall be as follows:

Beginning at a chestnut post, being the northeast corner of Spruc
and Eleventh streets and corner to plat number one of the Norto:
land and improvement company, which plat is recorded in the offic
of the clerk of the county court of Wise county, in deed-boo
twenty-six, pages one hundred and fifty-one, et cetera; thence sout
sixty-six degrees west four hundred and seventy-two feet to a poin
on the line dividing the lands of the Norton land and improvemen
company and Patrick Hagan; thence with their division line sout
one degree forty minutes east two thousand one hundred an
ninety feet to a white oak and poplar on the bank of Benjamin
branch south eighty-four degrees fifty-five minutes east tw
hundred and sixty-seven and seven-tenths feet, crossing the Loui
ville and Nashville railroad to a dead pine; south fifty-four degrees
five minutes east three hundred and one and nine-tenths feet to a
sourwood, chestnut and locust; south six degrees twenty-five min-
utes west two hundred and fifteen feet to a stake; south five de-
grees fifty-seven minutes west three hundred and seventy-five and
six-tenths feet to a locust; south forty-five degrees twenty minutes
west two thousand four hundred and forty-two and seven-tenths
feet to a chestnut oak near the top of Stone mountain; south fifty-
seven degrees seven minutes east five hundred and forty-four and
six-tenths feet toa pitch-pine neara cliff of rocks, and corner to
the lands of the Norton land and improvement company and Pat-
rick Hagan; thence, leaving the lands of Patrick Hagan, and with
the dividing lines of the lands of the Norton land and improvement
company, north eighty-nine degrees and forty-four minutes east
three thousand nine hundred and fifteen feet to the “ Lone Rock’’;
thence north thirty-seven degrees fifteen minutes east five thou-
sand and sixty-two and seven-tenths feet, passing through the
lands of the Norton land and improvement company and the
lands of Mistress L. D. S. M. Frazier and the lands of the Virginia
coal and iron company, to a large rock, corner to the Norton
land and improvement company and the Virginia coal and iron
company; thence, with their division lines, north sixty-seven
degrees fifty minutes east one thousand five hundred and twenty-
seven and six-tenths feet to astake; thence leaving the line of the Vir-
ginia coal and iron company and passing through the lands of the
Norton land and improvement company, north twenty-four degrees
west, crossing the Norfolk and Western railroad, five hundred and
eighty feet to the centre of Guest river; up the middle of said river
as it meanders three thousand six hundred and twenty feet; thence
south sixty-six degrees west and passing through the lands of the
Norton land and improvement company, four thousand eight hundred
and twenty-two feet to a chestnut post, being the southeast corner of
Tenth street and Ridge avenue, and corner to plat number three of
the Norton land and improvement company, which plat is recorded
in the office of the clerk of the county court of Wise county, in deed
book thirty-two, pages thirteen, et cetera; thence following said plat
number three, north seventy-three degrees forty-seven minutes west
sixty-two and five-tenths feet toachestnut post; north eighty-three
degrees twelve minutes west two hundred and eight and twelve one-
hundredths feet to a chestnut post; south thirteen degrees twenty-
seven minutes east two hundred and forty-five and three one-hun-
dredths feet to a chestnut post; north sixty-six degrees fourteen min-
utes west, three hundred and ninety-five and twenty-five one-hun-
dredths feet toa chestnut post; south twenty-three degrees forty-six
minutes west one hundred and fifty feet toa chestnut post, said post
being on a line of said plat number one; thence following said plat
number one, north sixty-six degrees fourteen minutes west fifty-
seven and five-tenths feet to the begining.

3. That the officers of said town shall consist of a mayor, four
councilmen, a recorder and a sergeant. The mayor and councilmen
shall compose the council of said town. Said officers shall hold
their offices for two years, and until their successors are duly elected
and qualified.

4. The said council shall have power to pass all by-laws and ordi-
nances for the proper government of said town, not in conflict with
the constitution and laws of the state or Virginia or the constitu-
tion and laws of the United States. They shall have power to im-
pose a license tax upon all business on which the state imposes li-
cense, or which is provided by law, and its officers shall have such
power to collect the same as a state officer would have in like case;
and to impose a specific tax for the sale of any merchandise that
may be offered for sale by any person not living in said town, and
to levy annually such taxes as it may deem necessary for the pur-
poses of a corporation: provided that such levy shall not exceed fif-
teen cents on the one hundred dollars’ valuation of property, as per
state assesement, unless the persons owning more than two-thirds of
the property assessed for taxation in said town shall give to the town
council their written consent to levy a greater rate than fifteen cents
on the one hundred dollars: and provided, also, that uo corporation
tax shall be levied upon the machinery, implements, money and
capital of manufacturing establishments that may be located within
the limits of said town for five years from the passage of this act.

5. The mayor shall be president of the council, but shall have no
vote, except in case of atie and shall be chief magistrate of the town,
and as such shall see that the ordinances and by-laws of said town
are faithfully executed, and that the various officers of the town
faithfully discharge their duties. He shall be vested with full.powers
of a justice of the peace, civil and criminal, within the corporation
limits, and one mile beyond and outside of the same; and shall, in
addition, have such other powers and perform such other duties as are
now or may be hereafter prescribed for mayors of towns of less than
five thousand inhabitants.

6. The recorder shall keep an accurate record of all the proceedings
of the council, its by-laws, acts and ordinances, which shall be open
a‘ all times to the inspection of any voter in the town, and the re-
corder shall be ex officio treasurer of said corporation, giving such
bond, performing such duties and receiving such compensation as
shall be prescribed by the council; he shall make out tax-bills upon
the estimates of property, as per state assessment, when ordered by
the council, and deliver the same to the sergeant for collection and
also administer the oath of office to any officer of the corporation.

7. The sergeant shall be vested with the powers of a conservator
of the peace and with the powers of a constable within the limits of
said town. He shall collect all town levies and have power to dis-
train and sue therefor in like manner as a county treasurer may dis-
train and sue for state taxes. He shall have power to arrest in said
town or within the county of Wise, upon a warrant issued by the
mayor, any person charged with a violation of the laws or ordinances
of said town or the commission of any crime in said town or within
a mile of its corporate limits. When a violation of the laws or or-
dinances of the said town is committed in his presence he shall
have authority and power to forthwith arrest the offender and carry
him before the mayor of said town, to be dealt with according to
law. He shall perform such other duties and receive such compen-
sation as the council may prescribe.

8. That until the election hereinafter provided for, and until
their successors in office shall be duly elected and qualified, William
Jenkins shall be mayor, Silvester N. Taylor shall be recorder,
Thomas J. Osborn shall be sergeant, and J. L. McCormick, William
M. Adams, Thomas M.Comann, C. F. Hagan shall be the councilmen
for said town. The election of said officers shall take place on the
fourth Thursday in May, anno domini eighteen hundred and ninety-
five, and every two years thereafter, said election to be conducted in
the manner prescribed by law.

9. Should any of the above-designated officers fail to act, it shall
be the duty of the county court of Wise county, or the judge thereof
in vacation, to appoint some other resident voter of said town to act
as such until his successor shall be duly elected and qualified.

10. The authorities of said town shall have the use of the county
jail of Wise county for the safe-keeping and confinement of all per-
sons who shall be sentenced to imprisonment under the ordinances
of said town; and whenever judgment shall be rendered against any
person for fines, and such person has no visible effects which the
sergeant may distrain or sell therefor, such person may be com-
pelled to work out such fine on the public streets or other improve-
ments, and to suffer, in addition, such terms of imprisonment as
may be prescribed by the ordinances of said town.

11. The council of said town shall have power to appoint one or
more policemen for said town, who shall be vested with the powers
of a conservator of the peace, and shall have the same powers of
arrest as the sergeant of said town, and whose compensation shall be
fixed by the said council.

12. No debt or liability shall be incurred by said town, nor any
claim or allowance made to any officer of said town or any other per-
son in excess of the taxation permitted to be imposed by this char-
ter without the written consent of two-thirds of the property-owners
of said town.

13. No new street or alley shall be laid out or graded in said
town and the grade of no street or alley shall be changed by the
council of said town Before the first day of January, anno domini
eighteen hundred and ninety-nine, without the written consent of
the Norton land and improvement company, its successors or as-
signs.

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