Chap. 351.—An ACT to incorporate ue town of Coeburn, in Wise county, Vir-
n a.

Approved February 23, 1804.

1. Be it enacted by the general assembly of Virginia, That the
town of Coeburn, in Wise county, Virginia, sha!] be, and the same is
hereby, made a town corporate by the name of Coeburn, and by that
name shall have and exercise all the powers conferred on towns of
less than five thousand inhabitants by the code of Virginia of eigh-
teen hundred and eighty-seven, and be subject to all the provisions
of said code and to all laws now in force, or which may hereafter be
enacted, in reference to the government of towns of less than five
thousand inhabitants, so far as the same are not inconsistent with
the provisions of this act.

2. The limits of said town shall be as follows: Beginning at a red
oak, sour wood and sanvice on the mortgage line of five thousand
acres, also corner to the John Mays land; thence north sixty-one
degrees thirty minutes west twelve hundred and ninety-six feet toa
stake on the south side of Big Tom’s creek; thence up said Tom’s
creek as it meanders north fifty-one degrees east three hundred and
six and five-tenths feet to a stake; thence north thirty-nine degrees
west fifty-six feet to a stake; thence north fifty-two degrees east one
hundred and forty-eight feet to a stake; thence north twenty-seven
degrees east one hundred and eleven feet to a stake; thence north
twenty degrees west one hundred and twenty-eight feet to a stake;
thence south eighty-six degrees four minutes west eighty-seven and
five-tenths feet to a stake at the mouth of Little Tom’s creek; thence
south sixty degrees west one hundred and ninety-seven and five-
tenths feet to a stake; north five degrees west one hundred and
thirty-three and five-tenths feet to a stake; thence north forty-five
degrees west ninety-four feet to a stake; thence north fifty degrees
east one hundred and five-tenths feet toa stake; thence north sixty-
one degrees forty-four minutes east seventy-two feet to a stake;
thence south fifty-eight degrees ten minutes east one hundred and
twelve and five-tenths feet to a stake; thence north sixty degrees
fifty-eight minutes east one hundred and twenty-one and five-tenths
feet to a stake; thence north three degrees thirty minutes east sixty-
seven feet to a stake; thence north twenty-nine degrees forty-four
minutes west one hundred and ninety-six feet toa stake; thence
north seventy-one degrees fifty minutes west one hundred and eighty-
four feet to a stake; north twenty-six degrees ten minutes east two
hundred and eighty-four feet to a stake near the Pound Gap road;
thence north eighty-seven degrees west forty-eight and five-tenths
feet; thence north four degrees twenty minutes west two hundred
and fourteen feet toa stake; thence north thirty-two degrees fifty
minutes west one hundred and seventy-six and five-tenths feet to a
stake; thence north fifty-two degrees fifty-four minutes west one
hundred and fifty-six feet to a stake; thence north forty-nine de-
grees forty-eight minutes west eighty-six ard five-tenths feet to a
stake; thence south eighty-seven degrees east forty-eight and five-
tenths feet toa stake; thence north fifty-four degrees fifty minutes
west ninety-three feet to a stake; thence north twenty-one degrees
thirty minutes west one hundred and nine and five-tenths feet to a
stake; thence north five degrees fifty-four minutes east seventy-two
feet. to a stake; thence north seven degrees thirty minutes east one
hundred and twenty-seven feet toa stake; thence north three degrees
forty minutes west one hundred and forty-two feet to a stake near a
chestnut; thence north eighty-four degrees ten minutes east one
hundred and forty-two fect to a stake; thence north fifteen degrees
twenty-eight minutes east one hundred and six feet to a stake;
thence north fifty-nine degrees thirty-four minutes west one hundred
and seventy-eight feet to a stake; thence north thirty-two degrees
thirty minutes weet one hundred and seventy-nine feet to a stake;
thence north one degree thirty-two minutes west one hundred and
nine feet to a stake; thence north sixty-eight degrees fourteen min-
utes east two hundred and four and five-tenths feet to a stake;
thence north fifty-four degrees forty-four minutes east ninety-one
and five-tenths feet to a stake at the mouth of a branch that flows
in from the east side of Tom’s creek; thence leaving Tom’s creek
south twenty-six degrees thirty minutes east eleven hundred and
eighty-two feet to a stake, two small black oaks and a white oak,
pointers on a low flat ridge; thence north eighty-five degrees sixteen
minutes east nine hundred and five feet to a beech and buckeye ata
branch; thence north eighty-three degrees east nineteen hundred
and forty-six feet to a smal! white oak on the west bank of Stone
coal branch; thence north eighty-two degrees forty-six minutes east
six hundred and fifty-one feet to a small birch on a hillside; thence
south forty-one degrees thirty minutes east one hundred and forty-
six feet toa white oak on top of a low ridge corner to Nathaniel
Dickenson’s lands; thence down the ridge with Dickenson’s line
south fifty-six degrees thirty-six minutes west eighty-two feet to a
dogwood; thence south twenty degrees twenty minutes west three
hundred and seventy-eight feet to a dogwood; thence south fourteen
degrees sixteen minutes east two hundred and thirty-one and five-
tenths feet to a small white oak: thence south nine degrees two min-
utes east one hundred and eighty-nine feet to a small chestnut;
thence south ten degrees thirty minutes west five hundred and four-
teen and four-tenths feet to a spotted oak; thence south thirteen
degrees ten minutes east three hundred and seventy-eight and six-
tenths feet to a stake in the mortgage line; thence reversely with
said line south sixty-nine degrees forty-two minutes west three thou>
sand and two feet to the beginning.
3. The officers of said town shall consist of a mayor and four
councilmen, a recorder and sergeant, and assistants of said recorder
and sergeant, if deemed necessary by the town council, and such
other officers as the town council may deem necessary, whose com-
pensation shall be fixed by said council.

4. Until an election is held, as hereinafter provided for, J. L. Litz
shall be mayor, W. A.-Carico, J. D. Clay, junior, L. L. Banner and
Joel Beverly shall be councilmen, and J. L. Greear shall be recorder,
and W. T. Hurd shall be sergeant of said town, all of whom shall
hold office until their successors are duly elected and qualified.

5. Should any of the officers hereby appointed refuse or fail to
accept and qualify within thirty days after the passage of this act,
then it shall be the duty of the mayor, or a majority of such town
council as may accept and qualify, in the absence of such mayor, to
fill! such vacancy by appointment.

6. The said councilmen shall have power to impose a specific license
tax on all shows, performances and exhibitions which may be given
in said town, and on all persons, firms or corporations who may en-
gage in the sale of wines, ardent spirits, malt liquors, alcoholic
bitters and mixtures thereof, either by wholesale, retail or to be
drunk at the place where sold. The said councilmen shall have
power to impose a license tax on all business on which the state im-
poses license, or which is provided by law, and its officers shall have
such power to collect said tax as the state officers would have in
like case; and said councilmen shall have power 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 may be deemed necessary for the purposes of the corporation:
provided that such levy shall not exceed fifteen cents on the one
hundred dollars’ valuation of property, as per state assessment,
unless 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 no corporation tax shall be levied
upon the machinery, implements, money and capital of manufac-
turing establishments that may be located within™the corporate
limits of said town for five years from the passage of this act; and
the jurisdiction of the corporate authorities of said town in crimi-
nal matters shall extend one mile beyond the corporate limits of
said town.

7. The said council shall have power to pass all by-laws and or-
dinances for the proper government of said town not in conflict with
the constitution and laws of the state of Virginia, or the constitu-
tion and laws of the United States.

8. The first election under this charter for mayor, councilmen,
recorder and sergeant of said town shall be held on the fourth Thurs-
day in May, eighteen hundred and ninety-four, and thereafter they
shall be elected every two years, on the fourth Thursday in May, and
shall qualify and enter upon the duties of their respective offices on
the first day of July following. Said election shall be held under
the provisions of chapter forty-four of the code of Virginia, and the
vacancies occurring in said council, either of the mayor or council-
men, are to be filled as provided by said chapter.

9. That for the purpose of carrying into effect the police regula-
tions of said town, the said town shall be allowed the use of the
Wise county jail for the safe-keeping and confinement of all prison-
ers who shall be sentenced to imprisonment under the ordinances of
said town, and when any judgment shall be rendered against a pris-
oner for any penalty under any ordinance of said town, and the
same be not immediately paid, the person or persons so in default
may be required by the order of the court passing sentence to work
out such fines or penalties on the public streets or other public im-.
provements of said town at fifty cents per day, under the direction
of the sergeant, and under such rules and regulation as may be
deemed proper by the council.

10. This act shall in nowise interfere with the contract entered of
record in the clerk’s office of the county court of Wise county, Vir-
ginia, between J. L. Litz and Georgia A. Litz, his wife, and the Coe-
burn land and improvement company, in regard to laying off said
town of Coeburn into squares, lots, avenues, streets and alleys.
Neither shall said town be held liable in any manner for the con-
struction, grading or building of same as provided by said contract,
but the same, as constructed or which may be hereafter constructed
or built by said Coeburn land and improvement company, shall be
kept in repair at the expense of said town. But said town council
shall have the power to accept and receive from said J. L. Litz and
Georgia A. Litz and the Coeburn land and improvement company,
as a donation to said town of Coeburn, all streets, alleys and avenues
which may be laid out, located, surveyed or graded, upon such terms
as may be agreed upon between the said J. L. Litz and Georgia A.
Litz and the Coeburn land and improvement company, and the town
councilmen, in behalf of the town of Coeburn; and when so donated
said councilmen shall have full power and authority to take charge
of all the streets, alleys and avenues, and shall pass any laws it may
deem necessary for the grading, construction, opening or keeping in
repair the said streets, alleys and avenues.

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