CHAP. 271.—An ACT to incorporate the town of Middletown,
in the county of Frederick.

Approved March 9, 1880.

1. Be it enacted by the general assembly of Virginia, That
the village of Middletown, in the county of Frederick, as the
same is now, or may hereafter be laid off into lots, streets or
alleys, shall be and the same is hereby made a town corporate,
by the name of Middletown, and shall have and exercise the
powers granted by and be subject to the provisions of the fifty-
fourth chapter of the Code of Virginia, eighteen hundred and
seventy-three, so far as the same are not IRGORSIEH=I with this
act.

2. Its government shall be vested in a council of seven of its
resident electors, who shall be chosen annully on the fourth
Thursday of May by the legally qualified electors resident of
the town, whose ballots shall be received and deposited in a
box suitably prepared therefor, and their voting recorded by
two members of the council, or two citizens designated. by the
council for that purpose, or by one citizen and one councilman,
to be duly sworn by the president of the council to fairly con-
duct said election—said election to be held at the same place
and hours for holding other elections. The seven persons
receiving respectively the highest number of votes shall be
declared by said conductors to be elected, and in the case of
one or more other persons having received votes to tie any of
the seven, the said conductors shall decide said tie votes by
lot—to be cast as they shall mutually agree.
3. The councilmen-elect shall meet on the first week-day of x
July following, and choose by ballot from their own body a“
president, to be known as mayor of the corporation. The mayor o
shall then and there take the oath of office in the presence of
the council, and shall next administer the oath to the other
members. They shall hold office for one year, or until their
successors have been elected and qualified. They shall serve
without compensation. Five members shall constitute a quorum Q
for transacting any business whatever. Any vacancy occurring
in the board shall be filled by the board. ‘They shall appoint
their times of meeting : provided, that the president o1 any three P
members may call a meeting. The president shall have no P
vote save in the case of a tie, when he shall give a deciding *
vote. In the absence of the president at any meeting a quo- P
rum may elect a president pro tempore; and should said office “
be vacated, shall immerliately elect another from a full board.

4. The council shall have power to mark accurately the c
bounds and give names to existing streets and alleys; to}
improve the same and the sidewalks and open and construct 8
new ones; to regulate or prohibit the running at large of any 3
and all animals; to provide for order and quiet and the °
observance of the Sabbath; to provide and protect shade I
trees; to establish a suitable fire department; to make sani. ¢,
tary regulations in reference to contagious and other dis- t
eases ; to cause the removal and prevent the creation of pub- D
lic or local nuisances of whatever kind; to prevent the grant- F
ing of licenses to sell intoxicating drinks within its jurisdic- p
tion; to pass ordinances and by-laws to carry into effect these j,
and any other salutary measures requisite for the well being of »
the town, and to punish the violation of the same by fine and t
imprisonment, to which end there shall vest in the mayor the
power and authority of a justice of the peace in all matters of
concern to the corporation, and the jurisdiction of the mayor J
and council shall extend in all such matters one mile beyond @
the limits of the corporation; and the said corporation shall t
have the use of the county jail.

5. The council may annually levy a tax for corporation pur- I
poses on the real and personal property within its bounds, not t
to exceed fifty cents on the one hundred dollars: provided, that c
a petition by two-thirds of the freeholders within the corpora-
tion may designate the rate of such levy. ‘The council may also
levy a capitation tax not to exceed fifty cents on all males over
sixteen years of age. They may also levy a dog tax, and all
other taxes as empowered by the fifty-fourth chapter of Code
of eighteen hundred and seventy-three.

6. The council shall employ a clerk, who shall also act as c
sergeant of the corporation. He shall keep a correct record of §
all its proceedings; shall provide the requisite books and sta-
tionery ; shall make out a list of property to be assessed, and
shall assess the same; shall issue tickets for the taxes voted
by the council, and collect the same; shall have the power and 1
authority of a constable to enforce such collections by dis-
traint. He shall be duly sworn by the mayor to the faithfa
fulfilment of his duties, and shall give reasonable security fo
the safe-keeping and deposit of the money of the corporation
as the council shall direct said deposit. He shall serve suc]
processes as may be issued by the mayor, and make arrest
His services shall be justly and reasonably compensated a:
the council may direct.

7. The funds of the corporation may be disbursed by the
sergeant, or deposited only on order passed by the council anc
signed by the president, and of record in its proceedings.

8. The council may, from time to time, employ a competent
man as commissioner of streets, who shall superintend and
direct any work ordered by it, and shall have power to employ
hands and contract for materials; in all cases giving prefer-
ence to citizens living in the corporation, if just todo so. He
shall give such persons certificates of amounts due them to be
presented to council for supervision and settlement. For bis
services he shall receive such compensation as the council may
justly direct.

9. The corporation will take charge of the following county
roads, to which end it is hereby made one of the rvad precincts
in Opequon district, namely : Middletown road precinct—first,
Buck’s ford road, as far as the Warren county line; second,
Germany (alias Mill) road, as far as the Hite road, leading to
Meaddow mills; third, Chapel road east, as far as the Warren
line ; fourth, Chapel road west, as far as the west corner of D.
J. Miller’s farm, which are all the roads leading into the village,
and aggregate about six miles. It is provided, that all persons
residing on said roads, or nearer to these than to other county
roads, shall assist in working them as belonging to the precinct
force; that the council shall appoint one or more superintend-
ents, who shall take charge of and keep said roads in repair
according to the road laws now or hereafter in force, receiving
his or their pay for services and outlays from the county, as
do the surveyors or superintendents of other precincts, and that
said road precinct shall embrace the roadway of the streets of
the town, excepting the main street, for all purposes of repair.

10. The following are hereby declared to be the bounds of said
town. It is provided, however, that the improvement by build-
ings of any grounds adjacent and outside of said bounds shall
be included in the corporation at the will of the council: Both
sides of the main street, beginning at the V. T. toll-house prop-
erty, on west side, and C. E. Sperry’s on east side, and extend-
ing southwest to the properties of Isaac Rhodes on both sides
of said street, and including all said properties ; both sides of
West Back street, beginning at the property of E. C. Ridings,
on both sides, and extending southwest to the end of the orig-
inal plan of said town in the property of Isaac Rhodes, on a
line with the ending of Main street as above; both sides of
East Back street, beginning at the property of Doctor J. S.
Guyee on the east and A. Jenkins on west corner, and extend-
ing southwest to embrace the residence and grounds thereof of
A.N. Bragg. The several cross streets, as now open or here-
.fter opened, and the alleys parallel with the first named three
streets, all as per original plan of town; also the Chapel road,
vith improvements thereon, from the east corner of Doctor
xwyus’ property on East Back street, to where it crosses the
35. and D. railroad on west side of town.

11. J. F. Larrick, C. W. Peery, P. S. Wright, J. W. Rhodes,
EK. C. Ridings, G. W. Bragg and Lawson Willey, are hereby
leclared and appointed councilmen, to be qualified as herein-
before indicated, and thereupon they shall constitute, until the
irst week-day of July, eighteen hundred and eighty, the coun-
sil of said town.

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