Chap. 205.—An ACT Amending the Charter of the Town of Harrisonburg,
in the county of Rockingham, and Enlarging and Extending the Corpo-
rate Limits of said Town.

Approved July 9, 1870.

1. Be it enacted by the general assembly of Virginia, That
the corporate limits of the town of Harrisonburg, in the county
of Rockingham, as heretofore established by law, are hereby
extended, re-arranged, and established as by a plat and survey
of said town, reported to the council thereof, as made by John
H. Ralston, surveyor of Rockingham county, on the fourteenth
day of February, eighteen hundred and sixty-eight, with the
following metes and bounds, viz: Beginning at a fence-post in
Sullivan and Leskey’s line, N. 4 KE. 43 poles from the N. E.
corner of Thomas Swanson’s house; thence N. 124 E. 228
poles, passing through Hill-top farm, east of the buildings, to
a cherry tree on the line between Hill-top and P. Leggett’s
land; thence N. 55+ W. 185 poles, crossing the Valley turn-
pike to a large white oak, M. Harvey Effinger’s corner, N. W.
of Yeakle’s house; thence with Effinger’s line N. 45 W. 55

oles to the corner of the stone fence on the east side of the

ratzer road; thence with the said stone fence 8. 27 W. 832
poles, crossing the railroad and the Kratzer road to a syca-
more tree by D.S. Jones’ fence, on the west side of the road ;
thence 8. 75 W. 211 poles, crossing the Harrison road, and
passing north of the Waterman house to two rocks in the hol-
low (N. 85 W. from ‘the west corner of said house); thence S.
20 W. 380 poles, passing west of J. Miller’s to a spring and
four white-oaks in Ryle’s field, west of the brick house; thence
S. 374 E. 161 poles, crossing the Warm Springs and Valley
turnpimes to the end of the stone fence at the west corner of
Dr. Newman’s field, and at the toll-gate; thence with the fence
on the east side of the Port Republic road, S. 30 E. 81 poles
to a white-oak on the top of the hill; thence N. 52 E. 347 poles,
passing through the lands of Dr. Newman and Isaac Paul to
a walnut in Paul’s field, about one pole from the line fence be-
tween said Paul and Henry Ott; thence N. 62 E. 230 poles,
crossing the Rockingham turnpike to the beginning, embracing
one thousand four hundred and fifty acres.

2. The municipal authorities of said town shall be a mayor,
a recorder, and nine councilmen, who, together, shall form a
common council. °

3. The mayor, recorder, and councilmen, as soon as they
shall be elected and qualified as hereinafter provided, shall be
a body politic and coporate by the name of The Town of Har-
risonburg, and shall have perpetual succession and a common
seal, and by that name may sue and be sued, implead and be
impleaded ; may purchase and hold real estate ‘needful for the
public good, and may exercise all the corporate powers of said
corporation, except where otherwise provided; may appoint
such police and other officers as may be necessary, who shall
continue in office during the pleasure of the council: provided,
that at each annual election held under this act, there shall be
elected a town sergeant, town treasurer and assessor, who
shall hold their offices tor the term of one year, and until their
successors are elected and qualified. .

4, The mayor; recorder, and councilmen shall be elected by
the citizens of said corporation who are, by the laws of the
state, entitled to vote for members of the general assembly,
and who shall have resided in the said town for three months
next preceding the election. . "

5. Their term of.office shall be for one year, except (when
to fill vacancies) and until their successors have been elected
and qualified.

6. The mayor, recorder, and councilmen must be citizens of
the town, entitled to vote for members of the common council.

7. The first election under this act shall be on the fourth
Thursday in July, eighteen hundred and seventy, in the town
of Harrisonburg, at the courthouse, under the supervision of
some justice of the peace residing within the limits of said
town; and annually thereafter there shall be an election in
each year at such time and place, and under such supervision,
rules, and regulations as the council may prescribe. The ofii-
cers conducting the first election shall grant a certificate to
the persons elected, which certificate shall be recorded in the
journal kept by the council.

8. All vacancies occuring from any cause in the offices of
common councilmen shall be filled by appointment by the
council.

9. The manner of conducting all elections under this act
shall, so far as the same are notin conflict herewith, be the
same as prescribed by the general election law of the state for
the election of county officers; and in case of a tie, the coun-
cil shall decide between the candidates, and shall also hear and
determine all contested elections.

10. A majority of the whole number of officers mentioned
in the second section of this act shall be necessary to the
transaction of any business whatever.

11. The officers herein mentioned, shall each, within ten days
after receiving the certificate of his election, take and sub-
scribe an oath that he will truly, faithfully, and impartially
discharge the duties of his said office so long as he shall con-
tinue therein. The recorder shall take such oath betore some
person authorized to administer the same, and shal] thereupon
be authorized to administer the same to other officers, and
shall keep a record thereof in the journal of the council.
And if any of these officers. shall fail within’ ten days so to
qualify, his office shall be vacant; and whenever a majority of
the members of the common council shall have qualified, they
shall enter upon their said offices, and shall supersede the for-
mer council of said town.

12. The council shall be presided over at its meetings by
the mayor, or in his absence, by one of the councilmen chosen
by a majority of the councilmen present.

13. Upon the call of any member, the yeas and nays on any
question shall be called and recorded in the journal. The pro-
ceedings of every meeting shall be signed by the person pre-
siding, and the record of all proceedings shall be open to the
inspection of the voters of the town.

14, The council shall fix the salary and compensation of
the mayor and all other officers ; but no compensation shall be
allowed to any member of the council except the recorder,
unless he be acting as treasurer.

15. The council shall have power, within said town, to lay
off, diter, or improve streets, alleys, and walks; to regulate the
width of the same, and keep them in order; to lay off public
grounds and provide and take care of public buildings; to
abate anything which, in the opinion of a majority, shall be a
nuisance; to provide against fire and contagious disease; to
provide a revenue for the town, and appropriate the same; to
make an annual assessment of taxable persons and property of
the town; to adopt rules for its own government and the
transaction of business; to define the powers, prescribe the
duties, and fix the term of service of its appointees; require
and take from them bonds, with such sureties and in such pen-
alties as it may determine, for the faithful discharge of their
duties (all bonds to be made payable to the town), and remove
its appointees at pleasure; and generally to do all such things
for the prosperity, quiet, and good order of the citizens of
said town; to adopt and enforce all needful ordinances not
contrary to the constitution and laws of the state, and to en-
force fines and penalties not in conflict with the laws of the
state, under the judgment and order of the mayor, or in his
absence or inability, of the person lawfully exercising his fanc-
tions. The council, with the consent of the judge of the county
of Rockingham, entered of record, may use the jail of said
county for its purposes.

16. Whenever anything for which a state license is required
is to be done in said town, the council may require a town
license therefor, and may impose a tax thereon for the use of
said town. But no license to sell strong or spirituous liquors,
wine, beer, ale, or porter, or drinks of like nature, within said
town, or within two miles of the boundary of said town, shall
be granted by any other person or persons having the au-
thority to grant licenses, unless the party applying therefor
shall produce to such person or persons the certificate of the
council of said town of its consent to the granting of such
license. The council may require from persons so licensed, a
bond, with sureties, payable to said town, in such penalties
and with such conditions as it may think proper, and may re-
voke such license at any time, if the conditions of said bond
be broken.

17. The annual levy ordered by the council may be upon all
male persons within said town over twenty-one years of age,
dogs, hogs, and other animals; upon all real estate subject to
be assessed with state taxes: provided, the tax do not exceed
seventy-five cents on every hundred dollars of value of unim-
proved lots, and fifty cents on the same value of real and per-
sonal property, and fifty cents per head on each taxable per-
son; and provided, that grounds included in this charter not
laid off in town lots shall not be taxed for incorporation pur-
poses, except that such grounds, when improved, may be so
taxed to an extent not exceeding five acres.

18. The council may, in the name and for the use of the
town, contract loans or cause to be issued certificates of debt,
and provide for a sinking fund to pay the same; but such loan
shall not be irredeemable for a period greater than thirty-four
years: provided, that no tax shall be levied, and no debt shall
be incurred, unless by a vote of two-thirds of all the members
of the council elected, which vote shall be taken by yeas and
nays, and spread upon the journal.

19. The mayor shall be the chief executive officer of the
town; shall take care that the by-laws and ordinances of the
council are faithfully executed; shall be ex-officio a conserva-
tor and justice of the peace; and shall, within the town, and
for two miles outside of the boundary of the town, exercise
all the powers and duties vested in justices; shall see that
peace and good order prevail. He shall have control of the
police of the town, and may appoint special police officers
whenever he deems it necessary.

20. The recorder shall keep a journal of the proceedings of
the council; shall have charge of and preserve the records of
the town, and in the absence or disability of the mayor, shall
be invested with his powers, so far as to hear and determine
all cases affecting the government of the town, and may affix
and enforce fine and imprisonment in the same manner as the
mayor himself.

21. The treasurer shall have charge of all moneys belonging
to the said town, and shall pay the same out on the order of
the mayor, countersigned by the recorder, and not otherwise ;
and for any default or liability on the part of the treasurer or
sergeant, the council, in the corporate name of said town, may,
on motion, after ten days’ notice, obtain judgment before the
county or circuit court of Rockingham county on account
therefor against them and their sureties respectively, or any or
either of them, or their heirs or legal representatives.

22. The sergeant shall collect the town taxes, fines, levies,
and licenses, and after thirty days from the time of receiving
the commissioner’s books, may distrain and levy therefor in
like manner as the collector may for state taxes, and shall in all
respects have the same power to enforce the payment and col-
lection thereof, and shall within the limits of the town, and for
two miles outside of the boundaries thereof, exercise all the
duties that a constable can legally exercise in regard to the
collection of claims and executing and levying process; shall
be entitled to the same compensation therefor, and shall be
liable to all the fines and forfeitures, together with his sure-
ties, that a constable is liable to, to be recovered in the same
manner and before the same tribunals that the same may be
recovered against constables.

23. There shall be a lien on real estate for the taxes as-
sessed thereon from the commencement of the year of such
assessment, and after having been returned delinquent for such
taxes, the council may order the same to be sold or rented by
the sergeant at public auction for the arrears, and with such
per centum added for interest, charges, and expenses as the
council may prescribe, which sale or renting shall only be
after thirty days’ notice, posted at the front door of the court-
house of said town. The counqil may regulate the time
within, and the terms upon which said real estate may be
redeemed. :

24. The council shall have the power to order the im-
pounding of all hogs and other animals that may be found
running loose in said town, and impose such fines and for-
feitures upon the owners thereof as a majority shall deem
proper, and may establish ordinances to this effect.

25. The corporation of the town of Harrisonburg shall have
all the estates, rights, titles, and privileges; all the funds, reve-
nues, and claims, and all the powers, capacities, franchises, and
immunities which were vested in or conferred upon, or be-
longed or appertained to, the corporation of the town of Har-
risonburg, or to the mayor and council of the town of Harri-
sonburg, by or under any acts of the general assembly hereto-
fore passed, and not in conflict with this act. Especially shall
it have power to purchase, receive, possess and hold estates,
real and personal, either for the proper use of said town, or in
trust for the benefit of any persons or associations therein,
and of granting such estates.

26. All the estates, rights, titles and privileges, and all funds,
revenues and claims of the town, shall be under the care, man-
agement, control, and disposition of the council; and the cor-
porate powers, capacities, franchises, and immunities of the
town shall be exercised by the council, or under its authority,
unless it be otherwise expressly provided. And any power
heretofore vested in or exercised by the mayor and council of
said town, not inconsistent with this act, is hereby vested in
the council of said town as organized by this act.

27. The said town, and persons and property therein, shall
be exempt from all expense or liability for the construction or
repair of roads or bridges, or for the support of the poor, or
for public free schools, outside of its corporate limits: pro-
vided, the said town shall keep its streets and alleys in good
order, and shall support its own poor and levy its school tax.

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