Chap. 241.—An ACT to amend the charter of the town of Suffolk.
Approved February §& , 1898.

1. Be it enacted by the general assembly of Virginia, That section
thirteen of an act entitled an act to provide a new charter for the town
of Suffolk, in force March nineteenth, eighteen hundred and seventy-
two, as amended by an act of the general assembly of Virginia ap-
proved February sixth, eighteen hundred and ninety, and section six-
teen of an act entitled an act to provide a new charter for the town of
Suffolk, in foree March nineteenth, as amended by an act of the general
assembly of Virginia, approved the first day of March, eighteen hun-
dred and seventy-five, as amended by an act of the general assembly of
Virginia, approved the eighth of February, eighteen hundred and eighty-
four, as amended by an act of the general assembly of Virginia, ap-
proved the third of February, eighteen hundred and eighty-eight, as
amendcd by an act of the general assembly of Virginia, approved the
sixth of February, eighteen hundred and ninety, be amended and re-en-
acted 80 as to read as follows:

§ 13. The council, so constituted, shall have power within said town
to lay out, open, curb and pave streets, alleys, walks and gutters for the
public use, and to alter or improve the same and have them kept in
good order and free from obstructions on or over them; to regulate the
width of the sidewalks on the streets, and to order the ‘sidew alks, foot-
ways and gutters to be curbed, pav ed and kept in good order, free and
clean by the owners and occupants of the adjacent lots; to provide
kivhts for the town and such electric or other works as may be necessary
for that purpose; establish and maintain a system of sewers and regu-
late and control the sewerage in said town; to lay off public grounds,
and to provide, contract for, and take care of all buildings necessary for
the use of the town; to provide a prison house; to establish and regu-
late markets; to prescribe the time for holding the same and what
articles shall be sold in such markets; to prevent injury or annoyance
to the public or individuals from anything dangerous, offensive, un-
healthy or unwholesome; to protect places of divine worship in or about
the premises where held; to abate or cause to be abated any nuisance;
to regulate the keeping of gunpowder and other combustibles; to regu-
ate or prohibit the blowing or sounding of whistles on steam
sngines; to provide in or near the town water-works and places
for the burial of the dead, to prevent the pollution of the water
and injuries to the water-works, for which purpose their jurisdiction
shall extend over such works and to the source of the water
supply; to regulate interments in and near the town; to provide
for the building of houses and other structures and for the making of
division fences and for the drainage of lots by proper drains and ditches;
to make regulations for guarding against danger or damave by fire; to
appoint and publish the places for holding town elections; to provide a
revenue for the town and to appropriate the same for its expenses, and
to provide for the assessment of property in the town for town taxation:
provided, such assessment shall in no case exceed the value at which
such property is assessed for the purpose of state taxation; to establish
rules for the transaction of its business and for the government and
regulation of its own body; to promote the general welfare of the town
and to protect the property of persons therein, and to preserve peace
and good order therein for said town; to appoint policemen or a special
police force, and to define their powers and prescribe their duties and
compensation; to require and take from the sergeant, treasurer and clerk
of the market bonds with such security and in such penalty as the
council may see fit, which bonds shall be made payable to the town by
its corporate name; to regulate and provide for the weighing and
measuring of hay, coal, wood or other articles sold or for sale in said
town, and to regulate the transportation thereof through the streets.
And to enable the authorities of said town more effectually to enforce
the provisions of this section, their jurisdiction is hereby declared to ex-
tend one mile beyond the corporate limits: provided, such jurisdiction
may extend as far as necessary to prevent the pollution of water and in-
juries to water-works as aforesaid. And whenever any new street shall
be opened or laid out, a street graded or paved, culverts or sewers con-
structed, or any other public improvement whatsoever made in said
town, the council of the town may determine what portion, if any, of
the expenses thereof shall be paid from the treasury of the town, and
what portion thereof shall be assessed upon the real estate which, in
the opinion of the council, shall be benefited thereby; but no such public
improvement shall be made to be defrayed in whole or in part by a local
assessment until first requested by a petition from the owners of the real
estate to be affected thereby, or unless three-fourths of the council shall
concur in voting such improvement to be expedient or in determining to
make such improvement, in which case no petition shall be necessary.
If no petition be filed the council, or a committee thereof to whom the
matter shall be referred, shall, before determining that such improve-
ment shall be made in whole or in part at the expense of the persons
whose lands, in its opinion, will be thereby benefited, have such persons
summoned, by at least ten days’ notice, to appear before such council
or committee to be heard for or against such improvement. After such
hearing, if the council shall determine to have such improvement made,
it may order it to be made, and after the work shall be completed it
shall designate some officer, who shall, upon such principles as may be
determined by ordinance or resolution of the council, apportion the total
cost and expense of iniprovement and report the proportionate amoun
thereof it is proposed to assess against each parcel of land benefitec
thereby. The report of such apportionment shall be filed in the office
of the clerk of the council twenty days, opened to inspection by amy
person whose property it is proposed to charge with any such assess.
ment. Fifteen days’ notice shall be given to each person interested o!
the existence of such report in the manner provided by law for the ser-
vice of notice, specifving the amount it is intended shall be borne by a
local assessment against “the land of such person, and said notice shal]
cite such person to appear, at a time and place designated, before a com-
mittee, to be appointed for that purpose, which committee shall consist
of not less than three members of said council, and show cause against
the proposed assessment. Such apportionment shall stand as to all per-
sons not appearing and objecting thereto, and shall be a lien on the
land so charged enforceable as are other town taxes against real estate
therein.

Any person objecting thereto shall appear in person or by attorney at
the time and place designated in said notice, and shall be heard at that
meeting or at some subsequent one. If the committee shall overrule
such objection then the party shall have the right to appeal from the
decision to the circuit court for the county of Nansemond. The clerk
of the council, when an appeal is taken, shall immediately deliver to
the clerk of the said court the original notice with the judgment of the
committee endorsed thereon, to be docketed by the said clerk. Every
such appeal shall be tried by said circuit court or the judge thereof in
vacation in a summary way without pleadings in writing and without a
jury upon reasonable notice to the adverse party. All legal evidence
produced by either party shall be heard whether the same was or not be-
fore the committce from whose decision the appeal is taken, the amount
so ascertained as proper to be borne by the appellant shall be a len on
the land of such person, enforceable as other town taxes against real
estate therein.

§ 16. The council of said town shall annually make or cause to be
maile and entered upon the record of its proceedings an estimate and
statement of all sums of money which may lawfully be or may lawfully
become chargeable to said town, and which ought to be paid in one
vear from the first day of July for any and all purposes, including for
the poor and public schools, together with a statement of the purposes
or objects for which said sums of money may be or may become so
chargeable to said town, and shall raise by levy so much money as in its
discretion shall be sufficient to meet all just demands against the cor-
poration or town on any account, including the poor and public schools.

The said levy shall be made annually for one year, beginning on the
first day of July, and may be made upon dogs and upon all such real
and personal property as may be subject to state taxation, and not
exempt from taxation by the constitution and laws of the state: pro-
vided, however, that the said levy for the benefit of the poor may be
such as may be necessary to enable the council to provide for them and
for the benefit of the public schools; it shall not exceed the levy or tax
allowed by the general laws of the state for such purposes, and for all
other purposes of said town it shall not exeeed one per centum of the
assessed value of the taxable property in said town at the time the said
levy may be made: and provided further, that no town tax nor levy
shall be imposed upon the bonds of said town: and provided further,
that the said town taxes may be assessed or levied on the same property
upon which state taxes are assessed or levied in said town and collected
in the same manner in which such state taxes are collected.

2 Au acts and parts of acts inconsistent with this act are hereby re-
peaied,

3. This act shall be in force on and after the first day of July, eigh-
teen hundred and ninety-eight.