Chap. 220.—An ACT to Amend and Re-enact Section Three of an Act
passed December twentieth, eighteen hundred and fifty-five, entitled an
Act to Incorporate the Town of Orange.

Approred July 9, 1870.

1. Be it enacted by the general assembly of Virginia, That
the third section of an act passed December twentieth, eigh-
teen hundred and fifty-five, be amended and re-enacted so as-
to read as follows:

Ҥ 3. R. G. Ecloff. George Cullen, Joseph H. Houseworth,
Alexandria Daily, and James IL. Robinson, or any two of them,.
are hereby authorized to hold an election on the first Saturday
in August next, for the trustees aforesaid.”

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

Chap. 22].—An ACT to Authorize the Payment of Certain Guards at the
Penitentiary.

Approved July 9, 1870.

1. Be it enacted by the general assembly, That the auditor
of public accounts be and he is hereby instructed to issue his.
warrant, upon the certificate of the superintendent of the peni-
tentiary, for the payment of E. P. Hulce, Wm. Hunt, W. H.
Ward, John Dascomb, and P. O’Brien, for service as. guards
at the penitentiary from the first of January, eighteen hundred
and seventy, until the seventeenth of February, eighteen hun-
dred and seventy, at the rate of forty-five dollars per month.

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

Chap. 222—An ACT to Amend and Re-enact an Act entitled an Act to.
‘Amend and Re-enact the Charter of the Town of Leesburg, in the County
of Loudoun, passed February twenty-seventh, eighteen hundred and
fifty-eight.

Approved July 9, 1870.

1. Be it enacted by the general assembly of Virginia, That
an act to amend and re-enact the charter of the town of Lees-
burg, in the county of Loudoun, passed February twenty-
seventh, eighteen hundred and fifty-eight, be amended and re-
enacted so as to read as follows:

Ҥ1. The corporate limits and bounds of the town of
Leesburg, in the county of Loudoun, shall be as follows: Be-
ginning at A, as represented on amap of said town, the north-
west corner of North and Liberty streets, and running thence
with the west side of Liberty street, N. twenty-one degrees
ten minutes E. nine hundred and seventy feet to B, an original.
corner to the corporation; thence with the same line con-
tinued, forty-four feet—in all, ten hundred and fourteen feet,.
to one, a point in the south line of the Union cemetery;
thence to embrace said Union cemetery within the corporate
limits, with the south line thereof, N. sixty-eight degrees fifty
minutes W. one hundred and eighty-four, four feet, to two, the
southwest corner thereof, thence with the west line thereof,
N. twenty-one degrees ten minutes E. four hundred and sixty-
six, sixty-two feet, to three, the northwest corner of the same,
in a line of the Loudoun agricultural fair lot; thence with
said line S. sixty-eight degrees fifty minutes E. four hundred
and sixty-six, sixty-two feet, to four, the northeast corner of
said cemetery ; thence with the east line thereof, S. twenty-
one degrees ten minutes E. five hundred and ten, sixty-two
feet, to five, a point in the original line of the corporation;
thence with said original line, S. sixty-eight degrees fifty min-
utes EK. nine hundred and twenty-four feet, to C, a stone, the
northeast corner of and Church streets; thence with
the east line of Church street, 8. twenty-one degrees ten min-
utes W. nine hundred and twenty-five feet, to D, the north-
east corner of Church and North streets; thence with the
north line of North street, S. sixty-eight degrees fifty minutes
KE. nine hundred and sixty-five feet, to E, a stone, the north-
east corner of North and streets; thence with the
east line of street, south twenty-one degrees ten
minutes west fourteen hundred and sixty, three feet, to F’, the
southeast corner of and Royall streets; thence to
embrace within the corporate limits aforesaid the depot
grounds belonging to the Alexandria, Loudoun and Hamp-
shire railroad company, Leesburg station; continue the last
named line one thousand and four, six feet, to F, a stone, the
southeast corner of and streets, extended ;
thence N. sixty-eight degrees fifty minutes W. twelve hun-
dred and sixty-one, eight feet, to I, a stone, an original corner
to the said corporation; thence with the same line continued,
four hundred and twenty-nine feet, to K, a stone, another
original corner to the same; thence N. twenty-one degrees
ten minutes E. seven hundred and sixty feet, to L, a point in
the south line of street; thence with said line N.
sixty-eight degrees fifty minutes W. sixteen hundred and fifty-
eight, two feet, to M, a stone, the southwest corner of

and Ayr streets; thence with the west line of Ayr street, N.
twenty-one degrees ten minutes E. seventeen hundred and
thirty-four, nine feet, to N, a stone, the northwest corner of
Ayr and North streets; thence with the north line of North
street, S. sixty-eight degrees fifty minutes E. eleven hundred
and thirty-nine, nine, to the beginning.

Ҥ 2. The boundaries and plat of said town shall be recorded
among the deeds in the office of the clerk of the county court
of Loudoun.

Ҥ 3. The municipal authorities of said town shall be a
mayor, recorder, and twelve councilmen, who, together, sball
form 8 common council.

Ҥ 4, The mayor, recorder, and councilmen, 80 soon as the
have been elected and qualified as hereinafter provided, shall
be a body politic and corporate by the name of The Town of
Leesburg, in Virginia; and shall have perpetual succession and
@ common seal; and by that name may sue and be sued, im-
plead and be impleaded; may purchase and hold real and per-
sonal estate necessary to enable them the better to discharge
their duties, and needful for the good order, government, and
welfare of the said town. ;

““§ 5. All the corporate powers of said corporation shall be
exercised by the said council or under their authority, except
where otherwise provided.

Ҥ 6. There shall be a town sergeant of said town.

Ҥ 7. The mayor, recorder, and councilmen and the town
sergeant, shall be elected by the citizens of the said town who
may be entitled under this act to vote.

Ҥ 8. Their term of office shall be (except when elected to
fill vacancies) for one year, and until their successors shall have
been elected and qualified as hereinafter provided.

Ҥ 9. The mayor, recorder, councilmen, and sergeant, must
be residents in said town and entitled to vote for its common
council.

Ҥ 10. An election for mayor, recorder, councilmen, and
sergeant, shall be held annually on the first Saturday after the
fourth Thursday in May in each year, and at such special times
as are hereinafter provided. All said elections shall be held
at some convenient place in the town, which shall be appointed
and duly published by the council.

Ҥ 11. All persons who have had their domicil in said town
for three months next preceding the day of election, and who
shall also be entitled to vote for members of the general assem-
bly of Virginia, shall be entitled to vote for all officers elected
by the people under this act.

Ҥ 12. Whenever a vacancy shall occur, from any cause, in
the office of mayor, recorder, or sergeant, the council for the
time being shall at once order a special election to be held to
fill the vacancy; of which election, two weeks’ notice shall be
duly given and published by the council.

‘““§ 13. Before every election, the council for the time being
shall appoint three or more of their own number, whose dut
it shall be to superintend said election, record in a poll boo
the votes given, and make return thereof and of the result of
said election to the council.

““§ 14. Whenever two or more persons are voted for for the
same office at said election, and shall receive an equal number
of votes, the said commissioners, or a majority of them, after
proclamation made at the front door of the place of voting,
that the polls are about to be closed, and after closing the polls,
shall decide and say which of said persons shall be returned as
elected.

‘“§ 15. All other contested elections shall be heard and de-
cided by the council for the time being.

Ҥ 16. Betore said commissioners shall act, they shall make
oath or affirmation before a justice of the peace, that they will
faithfully and impartially discharge their duty as such; and a
certificate of said oath or affirmation shall be annexed to and
returned with the poll books.
Ҥ 17. The mayor, recorder, and councilmen shall each, be-
fore entering upon the duties of their office, and within two
weeks from the day of their election, make oath or affirmation
that they will truly, faithfally, and impartially discharge the
duties of their said offices to the best of their ability, so long
as they shall continue therein. The mayor and recorder shall
take said oath or affirmation before a justice of the peace, and
the councilmen shall take it before the person presiding for
the time in council. Certificates of said oaths or affirmation
shall be given and recorded in the journal of the proceedings
of the council.

Ҥ 18. The mayor and recorder shall each enter on the du-
ties of his office so soon as so qualified.

Ҥ 19. Whenever any eight of the newly elected councilmen
shall have been so qualified, they shall enter upon their said
office and supersede the former councilmen.

Ҥ 20. If any one who has been duly elected mayor, re-
corder, councilmen, or sergeant, shall not have been eligible as
herein prescribed, or shall refuse or fail to take the oath or af-
firmation required under this act, or in the vase of the ser-
geant, also to give the bond hereinafter required, for two
weeks from the day of his election, the council for the time
being shall declare his said office vacant, and shall order a new
election for mayor, recorder, or sergeant, as the case may be.

“$21. Whenever from any cause a vacancy shall occur in
the office of councilman, the council for the time being shall,
by a vote of a majority present, fill it by chosing a councilman
from among the citizens of the town eligible to that office
under this act.

““§ 22. The council shall be presided over at its meetings by
the mayor, or in his absence, by the recorder, or in the ab-
sence of both mayor and recorder, by one of the councilmen
selected by a majority of the council present.

Ҥ 23. The presence of the mayor or recorder and at least
eight councilmen, or in the absence of the mayor and recorder,
the presence of ten councilmen shall be necessary to make a
quorum for the transaction of business.

Ҥ 24. The council shall cause to be kept in a journal an ac-
curate record of all its proceedings, by-laws, acts, and orders,
which shall be fully indexed, and shall be open to the inspec-
tion of any one who is entitled to vote for members of council.

““§ 25. At each meeting of the council, the proceedings of
the last meeting shall be read to the council, and shall be
thereupon corrected, if erroneous, and signed by the person
who presided at the last meeting at the time of its adjourn-
ment. Upon the call of any member, the ayes and noes on
any question before the council, shall be called, and recorded
in the journal.

“‘§ 26. The mayor and recorder shall bave votes as members of
the council, and in all cases of a tie, the person at the time
presiding at the council, shall have a casting vote.

Ҥ 27. The council so constituted, shall have power within
said town to lay off, open, curb, and pave streets, alleys, walks,
and gutters for public use, and to alter, improve, and light the
same, and have them kept in good order and free from ob-
structions on or over them; to regulate the width of side-
walks on the streets, and to order the sidewalks, footways, and
gutters to be curbed and paved, and kept in good order, free,
and clean, by the owners or occupants thereof, or of the real
property next adjacent thereto; to lay off public grounds, and
to provide, control, and take care of, all buildings proper for
the town; to establish and regulate markets, to prescribe the
time for holding the same, and what articles shall be sold only
in such markets; to prevent injury or annoyance to the public
or to individuals from anything dangerous, offensive, or un-
wholesome; to protect places of divine worship, aud to pre-
vent disturbance of public worship.in and about the premises
where held; to abate, or cause to be abated, anything which,
in the opinion of a majority of the whole council, shall be a
nuisance; to regulate the keeping of gunpowder and other
combustibles; to provide, in or near the town, places for the
burial of the dead, and to reculate interments in the town; to
provide for the regular building of houses or other structures,
and for the making of division fences; to make regulations for
the purpose of guarding against danger or damage from fires ;
to provide for the poor of the town; to appoint and publish
the places of holding town elections, and the time of holding
special elections and polls; to provide a revenue for the town,
and appropriate the same to its expenses, and to provide for
the annual assessment of the taxable property and persons of
the town; to adopt rules for the transaction of business, and
for the government and regulation of its own body; to pro-
mote the general welfare of the town, and to protect the pro-
perty of persons therein, and to preserve peace and good or-
der therein; to keep a town guard, to appoint and order out
a patrol for the town in like manner and for like purposes
within the same as the patrol may be ordered out by the county
court or a justice within the county, and to appoint such other
officers as they may deem proper; to define their powers, pre-
scribe their duties, fix their term of service and compensation,
require and take from them bonds, with sureties in such pen-
alty as the council may see fit, conditioned for the true and
faithful discharge of their duties, and remove them at pleasure.
All bonds taken by the council shall be made payable to the
town by its corporate name. To permit or prohibit the estab-
lishment of new places for interment of the dead in or near
the town, and regulate the same, and to prevent violations of
or injuries to any place of interment, and to protect the same;
to erect, or authorize or prohibit the erection of gas works or
water works in or near the town; to prevent injuries to or
pollution of the same, or danger to the water and healthful-
ness of the town. For all which purposes named in this clause,
the council shall have jurisdiction for one mile beyond the
town in like manner as it has within the town. To regulate
and provide for the weighing and measuring of hay, wood,

coal, and other articles sold or for sale in said town, and to
regulate the transportation thereof through the streets, To
carry into effect these enumerated powers, and all other pow-
ers conferred upon the said town or its council, expressly or
by implication, in this or any other acts of the general assem-
bly of Virginia, the council shall have power to make and pass
all needful orders, by-laws, and ordinances, not contrary to the
constitution and laws of Virginia or of the United States, and
to prescribe, impose, and enact reasonable fines and penalties,
or imprisonments in the county jail for a term not exceeding
thirty days. All of which fines, penalties, or imprisonment,
shall be recovered before or enforced under the judgment of
the mayor of said town, or of the person lawfully exercising
his fanctions. And the authorities of the town shall have the
right to use the jail of said county of Loudoun for any pur-
poses for which the use of a jail may be needed by them, un-
der the acts of council or of the state.

28. The council shall annnally cause to be made up and en-
tered upon its journal, an account and estimate of all sums
which are or may become lawfully chargeable on the town,
which ought to be paid within one year; and it shall order a
town levy of so much as in its opinion is necessary to be raised
in that way in addition to the amount which may be raised
from licenses and other sources.

Ҥ29. The levy so ordered, may be upon all male persons
within the town over sixteen years of age, and on all real
estate in said town which is not expressly exempted from
state taxation, and all such other subjects in said town as may
at the time be assessed with state taxes, against persons re-
siding in the town: provided, that the tax do not exceed
seventy-five cents on every one hundred dollars of the value
of the real and personal property, or one dollar per head on
each taxable person: and provided, that the concurrence of a
majority of the whole council shall be necessary to pass any
act levying taxes on any subject whatever.

Ҥ30. Whenever anything for which a state license is re-
quired isto be done within the said town, the council may
require a town license to be had for doing the same, and may
impose a tax thereon for the use of the town. And the coun-
cil may, in any case in which it sees fit, require from the per-
son 80 licensed, a bond with sureties in such penalty and with
such condition as it may.think proper.

Ҥ31. The revenue from these and other sources shall be
-collected, paid over, and accounted for at such times and to
-such persons as the council shall order. -

“$32. The collector of the town taxes and levies shall have
power to distrain and sell therefor in like manner as a sheriff
may sell for state taxes, and shall have in all other respects
‘the same powers as the sheriff to enforce the payment and
collection thereof. ©

Ҥ33. The taxes on any real estate shall be a lien thereon
from the time of their assessment; and if the taxes thereon
are in arrear for two or more years, the council may order the
said real estate to be rented out from time to time at public
renting by the sergeant for a term of one year at each renting,
and apply the rents until the taxes in arrear and accrued by
.the end of said term, and the costs and charges attending said
renting shall have been paid, and the surplus paid to the
owner.

Ҥ34. There shall be a lien on real estate for the town taxes
assessed. thereon from the commencement of the year for
which they are assessed.

Ҥ35. The council may order and require real estate in
the town delinquent for the non-payment of taxes, to be sold
by the sergeant at public auction for the arrears, with interest
thereon, with such per centum as the council may prescribe
for charges, and the surplus shall be paid to the owner; and
they may regulate the terms on which real estate so delin-
quent may be redeemed.

Ҥ 86. The council may prohibit any theatrical or other per-
formance, show or exhibition, which it may deem injurious to
the morals or good order of the town.

Ҥ 37. The council shall have power to require and take
from the sergeant, bond, with surety satisfactory to the coun-
cil, in such penalty as it may deem sufficient, conditioned for
the faithful and impartial performance of his duty as sergeant,
and for the collection and accounting for any payment of the
fines, taxes, and other moneys of the town, which he shall be
directed by the council to collect, at such times and to sach
person or persons as the council may order.

‘*§ 38. The council shall have power, with the concurrence
of two-thirds of the whole council, to remove the sergeant
from office tor good cause, and to declare the office vacant;
and whenever from any cause the office of sergeant shall be
vacant, the mayor shall appoint a sergeant pro tempore, and
the council shall order a special election to fill the vacancy for
the unexpired term.

Ҥ 39. The council may, by resolution adopted by a vote of
a majority of members present, direct a poll to be opened to
take the sense of the voters of said town, who have their domi-
cil therein, on the question whether the council, on behalf of
the town, shall subscribe to the stock of a company incorpo-
rated for a work of internal improvement in this state, or for
the erection of any gas or water works (which or any part of
which is to be in or near said town), an amount not exceeding
a certain maximum, to be stated in the said resolution.

Ҥ 40. The resolution shall designate a certain time and con-
venient place within said town for said poll, not less than one
month from the date of the resolution; and the said resolution
shall be duly published for one month in one or more of the
newspapers printed in said town, or if it cannot be pub-
lished in said papers, then by printed handbills posted con-
spicuously in said town.

Ҥ 41. The council shall appoint three or more of their own
number as commissioners to superintend the said poll, who
shall, before acting as such, take an oath or affirmation to dis-
charge their duties truly, faithfully, and impartially. Said
commissioners, at the time and place designated in the said
resolution, and so published, shall proceed to open the polls.
They shall receive and record the votes of all such persons as
are at the time qualified to vote for members of council, as
shall appear and offer to vote upon the question whether the
council, on behalf of the town, shall or shall not subscribe to
the stock of said company.

Ҥ 42, The said commissioners shall open a poll book, and
cause to be entered therein, in a column to be headed “subscrip-
tion,” the names of such of said voters who offer to vote and
who are in favor of said subscription; and they shall, in like
manner, cause to be entered in said book, in a column headed
“no subscription,” the names of such of said voters who may
offer to vote, and who are opposed to said subscription.

Ҥ 43. The commissioners shall, with the poll books, return
a certificate of their oath or affirmation aforesaid, and shall,
within five days after they are taken, certify the polls, and re-
turn them to the council.

Ҥ 44. If by the poll books it shall appear that three-fifths
of all the votes polled upon the question are in favor of the
said subscription, the council may subscribe, on behalf of the
town, for stock in said company to an amount not exceeding
the maximum named in said resolution; which subscription
shall be binding upon said town in like manner as it would
have been upon an individual subscriber had it been made by

im.

Ҥ 45. When such subscription is to be made, the council
may, in the name and for the use of the corporation, as a pro-
vision for the payment of said subscription, contract loans, or
cause to be issued certificates of debts or bonds; but said
loans, certificates, or bonds shall be redeemable within a pe-
riod of not more than thirty-four years.

Ҥ 46. Whenever such loan is made or such certificates or
bonds are issued, the council shall annually set apart from the
accruing revenues of the town, a sum equal to not less than
seven per centum of the said loans, certificates, and bonds.

““§ 47. The fund thus set apart shall be called “the sinking
fund,” and shall be applied to the payment of the interest of
said loans, certificates, and bonds, and to the payment of the
principal thereof, as the same may become redeemable and
payable.

Ҥ 48. If after paying the interest, it exceed that part of
the principal which is then redeemable, then the residue of the
sinking fund shall be invested in stocks of the state of Vir-
ginia or of the United States, and applied to the said principal
when redeemable.

‘“‘§49. The mayor shall be the chief executive officer of the
town. He shall preside at the meetings of the council. He
shall take care that the by-laws, ordinances, acts and resolu-
tions of the council are faithfully executed. He shall be ex-
officio a conservator and justice of the peace within the town,
and shall within the same exercise all the powers vested in the
justices of the peace for the county. He shall have control of
the police of the town, and may appoint special police officers
when he deems it necessary. It shall be his duty especially to
see that peace and good order are preserved, and the persons
and property are protected within the town. He shall from
time to time recommend to the council such measures as he
may deem needful for the welfare of the town. He shall re-
ceive a compensation for his services, to be fixed by the coun-
cil, which shall not be increased or diminished for the term for
which he shall have been elected.

Ҥ50. The duty of the recorder shall be to keep the jour-
nal of proceedings of the council and have charge of and pre-
serve the papers and records of the town. In the absence
from town or sickness of the mayor, or during any vacancy in
the office of mayor, he shall perform the duties of mayor, and
be invested with all his powers. He shall be a conservator of
the peace within the town. He shall receive for his services a
compensation to be fixed by the council, which shall not be
increased or diminished for the term for which he shall have
been elected.

“$51. Incase of the absence from town or sickness of both
mayor and recorder, and in case the offices of mayor and re-
corder are both vacant at the same time, the council shall, by
a vote of a majority present, appoint one of their own num-
ber to fill each office until the mayor or recorder return, or
resume their duties, or a new election is had of said officers.

Ҥ 52. It shall be the duty of the town sergeant to collect
the taxes, fines, and other income and revenue of the town, as
specified in his bond, and to ascount for and pay the same to
such person or persons, and at such time as the council may
order. He shall do and perform all the other acts appertain-
ing to the office of sergeant of a corporation and of a police
officer within said town, and as such shall have the same pow-
ers, fees, duties, and liabilities as are by law prescribed as to
constables. He shall for his services receive a compensation
to be fixed by the council, which shall not be diminished for
the term for which he shall have been elected.

Ҥ 53. Before entering upon the duties of his office, and
within two weeks from the day of his election, he shall make
oath or affirmation before the mayor, or person who for the
time being shall preside at the council meeting, that he will
truly, faithfully, and impartially discharge the duties of his of-
fice so long as he shall remain therein; and he shall, within
said period, execute before the council, his bond as hereinbe-
fore prescribed.

“$54. And if the sergeant shall fail to collect, account for, and
pay over all the taxes, fines, and other revenue of the town in

is hands for collection, according to the condition of his bond,
it shall be lawful for the council to recover the same, by mo-
tion, in the corporate name of the town, before any court of
said county of Loudoun, against the obligors in his said bond,
or any or either of them, his or their heirs, executors, or ad-
ministrators, on giving at least ten days’ notice of such
motion. ,

‘'§ 55. The said town and the taxable persons and property
therein, shall be exempt and free from the payment of any poor
rates or road tax, and from contributing to any county expenses
for the poor or the roads and bridges of said county, for any
year in which said town shall, at its own expense, provide for
its own poor and shall keep its own streets in order.
“ § 56. All the rights, privileges, and properties of the said
town, heretofore acquire and possessed, owned and enjoyed,
under any act now in force, shall continue undiminished and
remain vested in said town under this act; and all the laws,
ordinances, acts, and resolutions of council now in force, and
not inconsistent with this act, shall be and continue in full
force and effect until regularly repealed by a council elected
as provided for under this act.
““§ 57. This act shall be in force from its passage.”