Chap. 337.—An ACT for the Incorporation of the Town of Bowling Green,
in the County of Caroline.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That the village
known as Bowling Green, in the county of Caroline, as the
same has been heretofore laid off into lots, streets, and alleys,
and as the same may hereafter be further laid off and extended
into lots, streets, and alleys, within the following described boun-
daries, viz: beginning at the upper corner of Dr. A. M. Glassell’s
barn, thence in a straight line to Southeast corner of Dr. James’
land, on Milford street; thence in a straight line to a cherry tree
in James T. White’s field; thence in a straight line to the gate-

osts on the Kast side of the old stage road; thence in a straight
ine to the brick-yard on James T. White’s land; thence in a
straight line to the graveyard on the top of Mill Hill; and
thence in a straight line to the beginning. The same shall be
and is hereby made a town corporate, by the name and style
of The Town of Bowling Green, in the county of Caroline, and
by that name and style shall have and exercise the powers
hereinafter granted; and that W. J. Anderson, Dr. A. M.
Glassell, A. B. Chandler, E. C. Moncure, E. R. Pullen, Wil-
liam Wright, and E. J. Anderson, gentlemen, are hereby ap-
pointed trustees thereof, who shall have and exercise the pow-
ers herein granted as trustees of said town, and remain in office
until others shall be appointed, in the manner hereinafter di-
rected; a majority of whom shall constitute a board for the
transaction of business.

2. For the better government and well-ordering the affairs
of said town, it shall be lawful for the residents thereof, quali-
fied to vote for all officers elective by the people, under the
constitution of this commonwealth, to meet at the courthouse
in said town, annually, on the fourth Thursday in May, and
then and there elect, by ballot, seven fit, discreet, and able
men, being freeholders and inhabitants of said town, to serve
as trustees thereof. The persons so elected shall, before enter-
ing upon the duties of their office, under the authority of this act,
respectively take an oath well and truly, faithfully and impar-
tially, to do, execute, and perform the duties of their several
offices, as prescribed by this act, to the best of their skill and
judgment, and shall, within ten days after their election, pro-
ceed to choose, out of their own body, one person to preside
at their meetings, who shall be the mayor of said town, and
give the casting vote at any legal meeting of the trustees of
said town whenever they are equally divided. The person so
elected president of the board of trustees, and mayor of the
town, a8 aforesaid, shall be and is hereby invested with the
powers and authority of a justice of the peace within the cor-
porate limits of said town, to have and exercise the like juris-

iction in all cases whatsoever originating within said limits as
a justice of the county now or may hereafter have, but acting
upon and under the by-laws and ordinances of said town, not
contrary to the laws of this state or of the United States, but
in accordance with the general laws of the land, particularly
such as concern the duties and powers of a justice of the
peace; and it is hereby made the duty of said mayor, acting
as a justice of the peace as aforesaid, to suppress all disturb-
ances, riots, and disorderly conduct within the bounds of said
town. He shall also have power to issue process, hear and
determine all prosecutions, cases, and controversies arising un-
der the by-laws and ordinances, and issue executions for their
collection, saving to the parties the right of appeal to the
county court of Caroline. In all cases whatsoever wherein
the fine or other matter or thing shall exceed the sum of ten
dollars, appeals shall be taken in the same time and manner,
and upon the same terms, that appeals are now taken by law
from judgments of a single justice of the peace.

3. Be it further enacted, That should it so happen that an
election of trustees of said town be not made at the time pre-
scribed for an annual election, then the trustees last elected
shall remain in office until the next succeeding time, as here-
inbefore prescribed, for an annual election, or until a new elec-
tion shall be had. For the first election of said trustees, it
shall be lawful for any two trustees hereinbefore named, to at-
tend in said town and conduct said election at the place here-
inbefore specified, and they shall declare who are elected as
trustees thereof. |

4. Be it further enacted, That the mayor, or any two of said
trustees, shall have power to call a meeting of said trustees so
often as occasion may require, which meeting shall be com-
posed of five members, including the mayor, or, in his absence,
a president pro tempore, elected by any four of said trustees
who may be present; and all questions before a meeting of
said trustees, shall be decided by a majority of trustees present,
each having one vote, except the person who presides, who
shall vote only when the others are equally divided.

5. Be it further enacted, That the trustees of said town shall
have power and authority to establish markets and regulate
the same; to improve the streets, walks, and alleys thereof; to
provide against and prevent accidents by fire, and for that pur-
pose, to establish and organize fire companies and purchase en-
gines; to prevent and punish, by reasonable fines, the practice
or act of firing guns, running or riding horses at an unusual
gait or speed in said town; to license and regulate shows and
other public exhibitions, and the same to tax in such reasona-
ble manner and extent as they may deem expedient; to ap-
point all such officers as may be necessary for conducting the
affairs of said town, not otherwise provided for by this act,
and to allow them such compensation as they may deem rea-
sonable; and finally, to make all such by-laws, rules, and regu-
lations as they may deem necessary and proper for the good
government of said town: provided, they be not contrary to
or inconsistent with the constitution and laws of this common-
wealth or of the United States, and the same to amend, repeal,
or enforce, by reasonable fines and penalties, not exceeding for
any one offence the sum of ten dollars, to be recovered, with
costs, in the name of the mayor and trustees aforesaid, before
the mayor, and by him applied in aid of the taxes imposed
upon said town.

6. Be it further enacted, That the said trustees, thus consti-
tuted, shall have power to assess and collect an annual tax
within the said town for the purposes before mentioned, on all
such property, vocation, profession, or business, as is now sub-
jected to taxation by the revenue laws of this commonwealth:
provided, that the tax on real estate shall not exceed in any
one year fifty cents on every hundred dollars’ value thereof, and
one dollar on all tithables within said town; and provided
also, that the tax to be imposed on all other property and in-
habitants of said town, subject to taxation as aforesaid, shall
not exceed the taxes on the like subjects now imposed by the
revenue laws of this commonwealth, nnless such excess shal)
have been authorized by a majority of the inhabitants of said
town, and the owners of real estate therein, qualified as afore-
said to vote for trustees thereof. And moreover, it shall be
competent to said trustees to conduct and distribute water
into and through said town, upon the request or assent of the
majority of the qualified voters thereof; such request or assent
to be ascertained in such manner as the said trustees may decin
best calculated to obtain a full expression of opinion upon the
subject.

7. Be it further enacted, That the said trustees shall have
power to appoint, annually, a sergeant or town collector, who
shall bave and possess the like right of distress and powers in
collecting the said taxes, service and return of process arising
under the authority of this act, or of any by-law made in pur-
suance thereof, and shall be entitled to the same or like fees
and commissions as are allowed by law to constables for simi-
lar duties and services. The sergeant, or town collector, shall
execute bond, with approved security, in such penalty as said
trustees shall deem necessary, payable to them and their suc-
cessors in office, conditioned for the faithful discharge of his
duties, and payment over of said taxes and other moneys by
him collected or received in virtue of his office; and he and
his securities, his and their executors or administrators, shall
be subject to such proceedings, by motion or otherwise, before
the county court of the county of Caroline, for enforcing pay-
ment of such taxes or other moneys by him collected or re-
ceived as aforesaid, at the suit or motion of the said mayor
and trustees, or other person entitled, as collectors of county
levies are, by law, subject to for enforcing payment of the
levies by them collected.

8. Be it further enacted, That in case of the misconduct of
any officer of said town, appointed by the trustees thereof un-
der the authority of this act, they, the said trustees, shall have
power to remove the offender and supply the vacancy thereby
occasioned; and in case of the office of trustee of said town,
such vacancy shall be filled, within thirty days, by an election
made by the trustees of said town as aforesaid.

9. Be it further enacted, That in order the better to deter-
mine what persons are liable to taxation in said town, it is
hereby declared that all persons liable to taxation as herein-
before provided, and residing in said town, annually, between
the firat day of March and the first day of April, shall be sub-
ject to taxation the then current year.

10. And be it further enacted, That all fines, penalties, and
amercements, and other moneys received or raised by virtue
of this act, and not otherwise directed to be applied, shall be
at the disposal of the mayor and trustees for the use and bene-
fits of the said town.

11. All acts or parts of acts inconsistent herewith are hereby
repealed.

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