Chap. 742.—An ACT to amend and re-enact an act as approved March 24, 1871,
entitled an act toincorporate the town of Luray, in the county of Page, and
acts amendatory thereof, approved, respectively, April 30,1874, March 28,
1879, March 1, 1884, March 4, 1884, and February 5, 1888. ;

Approved March 5, 1894.

1. Be it enacted by the general assembly of Virginia, That the
charter of the town of Luray, approved March twenty-fourth, eigh-
teen hundred and seventy-one, and the amendments thereto, ap-
proved April thirtieth, eighteen hundred and seventy-four, March
twenty-eighth, eighteen hundred and seventy-nine, March first,
eighteen hundred and eighty-four, and February fifth, eighteen
hundred and eighty-six, be amended and re-enacted so that the
charter of said town shall be as follows:

2. Boundary.—The boundary of said town shall be as follows:
Beginning at a planted stone at the northeast corner of the lands
recently owned by Doctors D. H. andgJ. B. Brumback, now the pro-
perty of J. V. Jamison; thence south two degrees and five minutes
west two thousand nine hundred and forty feet toa planted stone on
the lands recently owned by Mistress Doctor A. M. Henkle, and
purchased of her by the Valley land and improvement company ;
thence north eighty-seven degrees ‘and fifty-five minutes west six
thousand seven hundred and twenty feet to a planted stone on the
land recently owned by J. B. Hudson, now the property of H. V.
Hudson; thence north two degrees five minutes east two thousand
nine hundred and forty feet to a planted stone near the division
line between H. J. Smoot and Julia Goodrich; thence south eighty-
seven degrees fifty-five minutes east six thousand seven hundred
and twenty feet to the place of beginning, which boundaries are
more fully described and set forth in a plat of said town made by
K. A. Wilson and filed in the clerk’s office of the county court of
said county of Page. ,

3. The government of said town shall be and remain vested in the
present councilmen, who went into office on the first day of July,
eighteen hundred and ninety-three, to-wit: L. H. Keller, F. H.
Thorp, J. A. Beach, J.C. Weaver and H. E. Wiener, until the first day
of July, eighteen hundred and ninety-five, and until their succes-

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sors are elected and qualified. And all the acts of said councilmen,
since they have been in office, or while they remain in office, not in
conflict with this charter or the constitution and laws of the common-
wealth of Virginia, shall be legal and binding upon all persons.

4. After the first day of July, eighteen hundred and ninety-five,
the government of said town shall be vested in a mayor and four
councilmen of the electors of said town, and a sergeant, to be chosen
on the fourth Thursday in May, eighteen hundred and ninety-five,
and every two years thereafter, as provided by chapter forty-four of
the code of eighteen hundred and eighty-seven, relating to the gov-
ernment of towns. The mayor and councilmen shall constitute the
council of the town.

5. Officers when to enter, and vacancies how filled——The persons
so eleeted shall enter upon the duties of their office on the first day
of July next succeeding their election, and shall continue in office
until their successors are elected and qualified, but before entering
upon the discharge of their duties the mayor shall take the oath
prescribed by law for all state officers, and the councilmen on oath
faithfully to execute the duties of their office to the best of their
judgment. Vacancies occurring in the council shall be filled by the
remaining members of the council by the appointment of any one
eligible to the office. They shall also choose oneof their own num-
ber to be recorder and another to be treasurer of the town.

6. Powers of council.—The council of said town is hereby empow-
ered to make such by-laws and ordinances, not contrary to the laws
and constitution of this state or the United States, as they may
deem necessary and proper for the security, improvement and good
government of said town. Any person or persons who shall violate
any by-law or ordinance enacted by said council, in pursuance of
the power hereby vested in it, shall be subject to such fine as the
council shall have established for the violation of said by-law or
ordinance, not exceeding in any case the sum of twenty dollars for
any one offence; on failure to pay which fine and cost the offend-
ing party may be confined in the county jail not exceeding sixty
days, with the right of appeal, however, in all cases where the fine ex-
ceeds ten dollars, upon giving security, to be approved by the mayor, for
amount of the fine and cost. The said council, in addition to other pow-
ers granted by this act and the general law of the state relating to towns,
shall have the power and authority to lay off, open, alter or close streets
and alleys within the limits of said town, with the right to condemn
land for any street or alleys, opened or widened, or in any manner
changed, and tocondemn lands for other town purposes, and assess the
damages for land condemned therefor by asworn commission of three
freeholders of said town; which commission, after notice to the
owner of the land or his agent, or if an infant, his guardian, or if
no owner or agent or guardian in said town, or the county of Page,
then by notice posted for ten days at three public places in said town,
shall go upon the land proposed to be taken and assess the damages
therefor above any peculiar benefits to said land-owner, and make
written report of their proceedings to said council; and thereupon
the said land-owner, agent or guardian, if he reside in the said town
or county of Page, shall be summoned to appear before said council,
upon a day named, to show cause why said report should not be con-
firmed and said land taken for the purposes of said town. Unless
good cause be shown to the contrary, said report shall be confirmed,
and said land may be taken; but the right of appeal to the county
court of Page county is reserved to any Jand-owner who feels him-
self aggrieved on account of inadequacy of damages. Said appeal
shall be tried and determined by said county court upon the evi-
dence that may be produced by either party to the appeal, reserving
the right of appeal in any case when the party may feel himeelf
aggrieved.

7. Liquor license; how to be granted.—Whenever anything for
which a state license is required is to be done in said town, the
council may require a license therefor, and may impose a tax thereon
for the use of said town, but said license tax shall not be greater in
amount than that required by the state for the same business (ex-
cept liquor license, which shall not exceed two hundred dollars).
But no license to sell strong or spirituous liquors, wine, beer, ale or
porter, or drinks of like nature, within the said town, or within two
miles of the boundary thereof, shall be granted by the county court
of Page county, or any other authority, unless the party applying
therefor shall produce to said court or authority the certificate of the
council of said town giving its consent to the granting of such license.
The council may require from persons so licensed to sell strong or
spirituous liquors, and so forth, as above stated, a bond with suffi-
cient security, payable to said town, in such penalty and with such
conditions as it may think proper; and may for the violations of
the law governing the sale of ardent spirits, or of the conditions of
the bond hereinbefore provided for, of which violation the council
shall be sole judge on the evidence, withdraw its certificate for such
license; but before doing so the council shall summon said party
before it, and give him full opportunity to make his defence.

8. Meetings of council and its records.—The council shall meet
upon call of the mayor or any two members of the council, and shall
keep a full record of its proceedings, in which shall be entered, at
the request of any member, the names of those voting for and against
any proposition. The proceedings of each meeting of the council
shall be signed by the person presiding at the time such meeting is
held, and said proceedings shall be read to the council at its next
meeting. The said council shall keep a full and correct record of all
taxes, license and fines collected in each year, and also a full and
correct record of all sums paid out during the year, showing the
amount of each item paid, and on what account. A copy of this ac-
count of receipts and disbursements, certified by the recorder, shall,
at the end of each year, be posted at two public places in the town,
or inserted once in some newspaper published in said town. Every
ordinance of said town, the violation of which subjects the violator
to the payment of a fine, shall be published at least once, either by
being posted at two public places within the town, or by insertion in
some newspaper published in said town. The records of said coun-
cil shall be open to the inspection of any elector of said town on his
reasonable request, «|.
9. Powers and duties of mayor.—The mayor shall be the chief
officer of the town; shall, when present, preside at all meetings of
the council; shall see that the by-laws and ordinances of the town
are executed and enforced ; shall have all the powers of a justice of
the peace for enforcing the provisions of this act, and shall have
concurrent jurisdiction with justices of the peace in all misde-
meanors and penal offences under the state laws occurring within
the limits of said town, and within two miles thereof, and not cov-
ered by the by-laws and ordinances of said town. ;

The mayor, on information or knowledge of any violation of a
town ordinance or by-law, shall cause the supposed violator to be
summoned to appear before him at a time and place named in the
summons to answer the charge; but in the case of drunkenness, dis-
orderly conduct or breach of the peace, he may cause the party so
offending to be arrested and brought before him to answer the
charge. When the summons is returned executed, or the party ar-
rested is brought before him, he shall hear and determine the matter
according to the evidence. The fees of the mayor shall be the same
as allowed to justices of the peace for same services, and shall be
taxed and collected as a part of the cost to be paid by the accused if
convicted; but if he be not convicted, then, if found proper, to be
allowed and paid him by the council.

10. Powers and duties of recorder.—The recorder shall keep a
journal of the proceedings of the council, be the custodian of the
books and papers of the council, and shall perform such other duties
pertaining to the office of recorder as may be required of him by the
council; and in the absence or disability of the mayor, shall be
vested with the powers of mayor. He shall receive for his services
as recorder such compensation as the council may deem reasonable.

11. Powers and duties of treasurer.—The treasurer shall have
charge of all moneys belonging to said town, and shall pay out the
same, after directed by the council, upon the order of the mayor,
countersigned by the recorder, and not otherwise. Upon his appoint-
ment he shall execute bond, payable to the town of Luray, to faith-
fully perform his duty, and honestly account for all money coming
into his hands, the said bond to be in the penalty of not less than fif-
teen hundred dollars, and in no case less than double the amount com-
ing into his hands, with sureties acceptable to the council. For any
default or liability on the part of the treasurer, the council, in the cor-
porate name of said town may, on motion, after ten days notice to
said treasurer or personal representative, his bondsmen or their per-
sonal representative, obtain judgment before the county or circuit
court of Page county for the amount of said default or liability, with
interest.

12. Powers and duties of town sergeant.—The town sergeant of
said town shall be elected from the electors of said town by the elec-
torson the fourth Thursday of May, as hereinbefore provided for, who
shall hold his office during the term for which the council were
elected, unless he die, resign or is removed from office by the coun-
cil. The sergeant and treasurer shall be the collectors of the town
taxes, fines, levies and licenses; and after thirty days from the time
of receiving the tax and license tickets, they may distrain and levy
therefor in the same manner as the county treasurer may do in the
collection of state taxes.

For the purpose of carrying into effect this act the sergeant
of said town shall, within the limits of the town, and within two
miles thereof, have all the powers of a constable, and for like
services shall receive the same fees as aconstable; said sergeant
shall perform such other duties as may be required of him by the
council. In addition to the fees hereinbefore provided for, said
sergeant shall receive such compensation as the council may allow.
Before entering upon the duties of his office said sergeant shall take
an oath faithfully to perform his duty, and shall enter into a bond
with sufficient surety, to be approved by the council, payable to said
town, in a penalty of not less than fifteen hundred dollars, and in no
case less than double the amount to come into his hands, with con-
ditions to honestly account for all moneys coming into his hands
and for the faithful discharge of his duty. For any default or lia-
bility on the part of said sergeant, the council, in the corporate name
of said town, may obtain judgment and execution upon said bond
in the same manneras hereinbefore provided for obtaining judgment
and execution on the bond of the treasurer of said town.

13. Tax to be levied.—The council of said town may, in its dis-
cretion, annually levy a tax not exceeding thirty-five cents on the
one hundred dollars of the assessed value of real and personal pro-
perty within the town, and also a poll tax not exceeding fifty cents
on each male inhabitant over twenty-one years of age, all of which
taxes, as well as the license taxes and fines, shal] be expended by said
council as to it shall seem beneficial tothe town: provided, however,
a tax of more than thirty-five cents on the one hundred dollars of
the assessed value of the real and personal property of said town may
be levied by the council if deemed desirable by it, and two-thirds of
the electors of said town shall declare in favor of the same, after the
matter shall have been submitted to a vote of the town upon a reso-
lution of the council setting out the purpose of the additional tax
and the amount thereof; the manner in which the vote is to be taken
to be determined by the council.

14. Provisions for public schools.—The council of said town shall
have power, and it shall be its duty to impose a tax on all property,
real and personal, within the corporate limits of said town, and
within the limit embraced by its extended lines, for the children on
the suburbs for public free school purposes, of not exceeding three
mills on a dollar of the assessed value thereof in any one year, and
shall have power to make any other appropriations for said purposes,
and it shall have no power to withhold the sum or sums reported by
its school board and declared to be necessary for the proper mainte-
nance and growth of its public schools.

15. Miscellaneous.—So long as the said town shall, at its own ex-
pense, keep its streets in good order it shall be exempt from all labor
and tax for county road purposes.

16. For gross neglect of duty by any officer of the town, he may
be removed from his office by said council; no councilman shall
vote in any matter when he is personally concerned. The mayor
shall not vote on any question or proposition before the council, ex-
cept when there is a tie vote by the councilmen, and in that event
he shall cast the deciding vote.

17. The corporate name of the said town shall be the town of
Luray, Virginia, and all processes shall be in the corporate name
of said town, and by said corporate name said town may sue and be
sued.

18. Copies from the record-book of said town, duly certified by
the recorder of said town, shall be received as evidence for any
purpose for which the original could be received and with as much
effect.

19. This act shall be in force from its passage, and all acts and
parts of acts in conflict therewith are hereby repealed.