Chap. 164.—An ACT to Amend and Re-enact an Act entitled an Act to In-
corporate the Town of Liberty, in the County of Bedford.

Approved Marck 21, 1871.

1. Be it enacted by the general assembly of Virginia, That
an act passed March the twenty-eighth, eighteen hundred and
thirty-nine, entitled an act to incorporate the town of Liberty,
in the county of Bedford, be amended and re-enacted so as to
read as follows:

Ҥ 1. The territory embraced in the following boundaries,
viz: beginning at the intersection of Reese’s tan-yard alley
with the Virginia and Tennessee railroad; thence with the
western side of said alley to its northern terminus; thence
with the line between the farm of Dr. John W. Sale, and the
lot of John F. Sale, to the back line of John F. Sale’s lot;
thence with the northern boundary lines of the lots of John
F. Sale, Micajah Davis, Dr. John W. Sale, to the line of Wil-
liam Graves; thence in a northwestern direction parallel with,
and two hundred yards north of the Forest road, through the
lands of Dr. J. Irwin Smith and Jesse H. Miller, to a point
north of, and opposite the southwestern corner of the lands of
Rowland D. Buford on the Forest road; thence to the said
corner, and with said Buford’s line (southeast), to the lands of
Mrs. Samuel H. Quarles; thence with her line to the Virginia
and Tennessee railroad; thence with said railroad west to the
point at which the eastern line of the lot formerly owned by
C. D. Reynolds (recontly purchased by John R. Steptoe), if
extended would touch said railroad; thence a straight line to
@ point where a line drawn with the southern boundary line of
the lots lying on the southside of Franklin street would, if ex-
tended in an easterly direction, intersect said last named line ;
thence westerly with said southern boundary line, and parallel
with the said last named street to the Dickerson mill road;
thence with said road, as it now runs, to the intersection
thereof with the Lynchburg and Salem turnpike; thence a
straight line to the beginning; shall constitute and continue
to be the town of Liberty; andthe mayor, recorder, and com-
mon councilmen and their successors in office, shall continue
to be a body politic and corporate by the name and style of
the mayor and common council of the town of Liberty, and
by that name and style shall have perpetual succession, with
capacity to sue and be sued, plead and be impleaded, in any of
the courts of law or equity of this commonwealth; with au-
thority to have and use a common seal; and shall have power
to purchase, receive and hold lands, tenements, goods and
chattels, either in fee simple or any less estate therein, and tne
same to give, grant, sell or assign again. But the passage of
this act shall not affect the right of the county court of Bed-
ford county to establish a road upon or through any lot or lots
embraced in said corporate limits, in any case in which pro-
ceedings are now pending in said court.

Ҥ 2. The mayor, recorder, and common councilmen of the
said town, now in office, shall continue to exercise the duties
of their respective offices, until their successors are elected and
qualified; and it is hereby made the duty of the county court, or
the judge thereof in vacation, to appoint three commissioners,
any two of whom may act, who shall, on the second Thursday
in April, eighteen hundred and seventy-one, hold an election
at such place as the said county court, or the judge thereof,
may appoint in said town, for the election of a mayor, recorder,
and seven common councilmen of said town, of which said
election at least five days’ notice shall be given. And all elec-
tions held after the first under this act, shall take place on the
fourth Thursday in May biennially, commencing in eighteen
hundred and seventy-two, at such place or places in said town,
and under the supervision of such commissioners as the author-
ities of said town may appoint, or in case of a failure to hold
an election on that day, then on such other day as such authori-
ties may designate, of which they shall cause sufficient notice
to be published, for at least ten days in said town: provided,
that if such failure shall have continued for more than twenty-
five days, it shall be the duty of the judge of the county court
of Bedford county to order an election to be held in said town
in the same manner, and upon the same notice as provided for
the first election under this act.

Ҥ 3. Within two days after any election has been held un-
der this act, the commissioners who conducted the same shall
certify to the clerk of Bedford county court, and to the offi-
cers elected, the names of the persons elected; which certifi-
cate shall be entered among the records of the county and of
the corporation.

“$4. In all elections for officers of the corporation, all per-
sons 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 day of
election then to be held, shall be entitled to vote.

Ҥ5. The duties of the commissioners of election provided
for in this act, and the manner of conducting and contesting
an election under this act, shall, so far as the same are not in-
consistent with this act, be the same as prescribed by the gen-
eral election laws of the state for the election of county, town-
ship and corporation officers.

Ҥ 6. The persons to be elected under the provisions of this
act, shall be inhabitants of, and qualified voters of said town;
and it shall be their duty on or before the day fixed by this
act for the term of their respective offices to commence, to
take and subscribe the oath of office and such other oaths as are
required by the constitution and laws of this state to be taken
by such officers, before a justice of the peace, or notary public
of the county of Bedford; and they shall enter upon the dis-
charge of the duties of their respective offices on the first day
of July next after their election, and hold their offices for the
term of two years and until their successors are elected, or
appointed and qualified: provided, that the term of any per-
son elected under this act, or elected or appointed to fill a
vacancy, shall commence within ten days after such election or
appointment, and shall in the first case be until the first of
July, eighteen hundred and seventy-two, and in the latter be
for the unexpired term of the office to which the person is
elected or appointed. The oaths taken under this section shall
be filed with the records of said town.

Ҥ 7, When, for any cause, a vacancy shall occur in the
office of mayor, recorder, or councilman, the council shall, by
a vote of a majority of such as remain, fill such vacancy from
among the citizens of the town eligible to the office under this
act.

Ҥ 8. The mayor, recorder, and any four councilmen, or the
mayor or recorder, and any five councilmen, or, in the absence
of both the mayor and recorder, any six councilmen shall con-
stitute a quorum to do business. The mayor shall preside at
all meetings of the council, or, in his absence, the council shall
select one of their number, who shall preside, and the proceed-
ings shall be signed by the person presiding. If at any meet-
ing the recorder be not present, the person presiding shall
appoint one of the members of the council present, who shall,
for the time, discharge the duties of recorder.

Ҥ 9. The failure of any person elected or appointed under
this act to qualify, or to qualify and give bond, (where a bond
is required) within the time prescribed by the sixth section of
this act for taking the oath of office, shall vacate his office.

Ҥ10. The council shallcause to be kept in a journal, an
accurate record of all its proceedings, by-laws and orders,
which shall be open to the inspection of all persons entitled to
vote for councilmen. The mayor and recorder shall have votes
as members of the council, and the person presiding at the
time of any tie vote, shall have the casting vote.

Ҥ 11. It shall be the duty of the council at their first meet-
ing under this act, or as soon as may be, to appoint a sergeant,
who shall within the jurisdiction of said council, have the
powers and be subject to all laws applicable to constables, and
to require of him bond, in such penalty and with such condi-
tions as they may prescribe, and with surety to be by them
approved, which bond shall be entered in the journal of the
council, and a certified copy thereof filed in the clerk’s office
of the county court of Bedford county; and such sergeant
shall, either before the mayor, recorder, or a justice of the
peace of Bedford county, qualify to his oflice, by taking the
oaths required to be taken by the constitution and laws of this
state. .

Ҥ 12. The duty of the recorder shall be to attend all meet-
ings of the council, keep a journal of its proceedings, and to
have charge of and preserve the records of the town.

Ҥ 13. The mayor shall take care that the by-laws, ordinances
and resolations of the council are faithfully executed. He shall
be, ex-officio, a conservator of the peace within said town, and
shall, within the same, exercise all the powers and duties vested
by law in justices of the peace for the county. He shall have
power to issue executions for all fines and costs imposed under
the authority of this act, the laws of the state, and the by-laws
of the council, and require immediate payment thereof, and in
default of such payment, may commit the party so in default,
to the town jail, or to the jail of Bedford county, until the fine
and costs be paid; but the term of such imprisonment shall
in no case exceed thirty days. .

Ҥ 14. The council, so constituted, shall have power within
said town to lay off, open, curb, and pave streets and alleys,
walks, and gutters, for the public use, and to alter, improve,
and light the same, and have them kept in good order and free
from obstructions on or over them; to regulate the width of
such streets, alleys, and sidewalks, and require the same to be
kept clean and clear by all persons; to erect a town hall, market
house, jail, and such other public buildings as may be necessary
for the convenience, comfort, and well being of the town, and
to make and enforce proper regulations for the same; to pre-
scribe the time for holding markets, and what articles shall be
sold in the same; to regulate and provide for weights and
measures of hay, wool, and all other articles sold or for sale
in the town; to prevent injury or annoyance to the public or
individuals from anything dangerous, offensive, or unwhole-
some; to protect places of divine 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 council, shall be a
nuisance; to provide for the drainage of lots by proper drains
or ditches; to make regulations to guard against Hanger or
damage from fire; to provide for the poor of the town; to pro-
vide a revenue for the town, by making an annual assessment of
all taxable persons and property resident or situate in said town
on the first day of February in each year; to keep a town guard;
to appoint and order out such patrol as may be necessary for
the protection and preservation of property, persons, and good
order; to appoint such officers as they may deem proper, in-
cluding sergeant, town assessor, treasurer, and overseer of the
poor; to define their powers and duties; to require of them
to give bond, payable to the town by its corporate name, and
to allow them such compensation as they may deem proper,
and generally to do such acts and exercise such powers as are
or may be vested in them and similar bodies by the constitu-
tion and laws of this state.

Ҥ 15. To carry into effect these enumerated and all other
legal powers, the council of said town shall have power to
make and pass all needful orders, by-laws, and ordinances, not
contrary to the constitution and laws of this state; to pre-
scribe and impose reasonable fines (in no case, however, ex-
ceeding for any one offence thirty dollars), and in case the
person or persons 80 fined shall have no visible effects, it shall
be lawful to require such offender to work out such fines, and
all jail fees and other costs, on the streets or other public
work, under the direction of the sergeant. For all the pur-
poses named in this act, taxation excepted, the council and
mayor, or person acting as mayor, shall have jurisdiction for
one mile beyond the town. ll fines, penalties, and imprison-
ments, shall be recovered or enforced under the judgment of
the mayor, or the person exercising his functions; and the
council may, with the consent of the county court of Bedford,
entered of record, have the right to use the jail of said county.

“$16. To meet any expenditures that may be lawfully
chargeable to said town, the council may, at such times as
seem best, levy a town levy, of so much as in its opinion may
be necessary, upon all taxable persons and property, resident
or situate in said town, not exempted from taxation by the
laws of this state: provided, that a capitation tax greater than
fifty cents per head on the male inhabitants of said town over
the age of twenty-one years, shall not be levied in any one
year: and provided further, that the tax so to be levied on
the real and personal property within said town, do not ex-
ceed fifty cents on every hundred dollars of the value thereof
for any one year.

“$17. When any business for which a state license is re-
quired, is to be done or carried on exclusively within said
town, the council may require a town license to be had there-
for, and may impose a tax thereon for the use of the town:
provided, that such tax shall not exceed twenty per centum
of the state tax imposed by the state for the privilege of carry-
Ing on such business.

Ҥ 18. The sergeant shall have power to collect the town
taxes, fines, and levies, and one month after the time he shall
have received the books of the assessor of said town, to dis-
train and sell therefor in like manner as is now provided by
law for distrains and sale for state taxes, and shall, in all re-
spects, have the same powers as a township collector to enforce
the payment of such taxes, fines, and levies. And such ser-
geant shall have power to exercise within the limits of the
jurisdiction of the council of said town, all the duties that a
constable can legally exercise in regard to the collection of
claims, executing and levying process; and he shall be entitled
to the same compensation therefor, and he and his sureties
shall be liable to all the fines, penalties, and forfeitures, that a
constable is legally liable to for any failure or dereliction in
his office, to be recovered in the same manner and before the
same courts that such fines, penalties, and forfeitures, are or
may be recovered against a constable; and may, moreover, at
any time, be removed by the council for any such default in
duty, or for failure to pay over any money in his hands as the
council may direct.
Ҥ 19. 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; and the council may order and require real
estate in the town, delinquent for non-payment of taxes, to be
sold or rented 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
person entitled thereto ; and may regulate the terms on which
real estate so delinquent may be redeemed. The sale of all
real estate sold ander this section shall be conducted in the
same manner, and upon the same notice as is now provided by
law for the sale of real estate for delinquent taxes; and when
there is a failure to redeem within the time prescribed by the
council, the recorder of said town shall, under the seal thereof,
make conveyance of the real estate so sold, in the same man-
ner, a8 is now provided by law for conveyances by clerks of
courts, of lands sold as aforesaid. Any lien acquired, or
conveyance made, under this section, shall be subject to the
lien of the state or county for all taxes due on the property
upon which such lien is had, or of which such conveyance is
made.

Ҥ 20. It shall be lawful for the council of said town to re-
quire the owner or tenant of any lot or lots therein, to construct
or repair, in sach manner as they may direct, all necessary side-
walks in front of such lot or lots; to open suitable gutters or.
ditches thereon and to repair the streets adjacent thereto; and
in default of the person required to do such repairs, or make
such constructions, the council may cause the same to be done,
and shall be entitled to a lien on each lot on, or in front of, or
adjacent to which such work may be done for the actual and
necessary cost thereof, so that such cost shall, in no case, ex-
ceed twenty dollars to each lot, which lien may be enforced
in accordance with the provisions of the nineteenth section
of this act; or, if such lot or lots be in the occupancy of a
tenant, may require such costs to be paid by the tenant out
of any rents for which he may be liable, or may become liable;
and a lien on such rents is hereby given; and the sergeant
of said town may distrain for and collect the same, in the
corporate name of said town, in the same manner as the same
might be collected by the landlord under the laws of the
state; and the receipt of the sergeant for any money paid by
or collected of the tenant, as aforesaid, for the puposes afore-
said, shall be a good and valid set-off to the extent of the
money so paid or collected against the rent due and owing by
any such tenant to his landlord.

Ҥ 21. The said town and the taxable persons and property
therein, shall be exempt and free from the payment of any
road tax for any year in which it shall appear that said town
shall, at its own expense, keep its streets in order.

« § 29, The taxable persons and property embraced within
the territory added by this act to said town, as the same was
heretofore incorporated, shall be exempt from paying any tax
which may be levied to pay any debt or liability against the
game corporation at the date of this act: provided, that per-
sons or property removed to said territory after the passage of
this act, shall not be so exempt.

Ҥ 23. All the rights, privileges and properties of the said
town heretofore acquired and possessed, owned and enjoyed,
by any act now in force, shall continue undiminished and re-
main vested in said town under this act; and all laws, ordi-
nances and resolutions of council now in force, and not incon-
sistent with this act, or the constitution and laws of this state,
shall be and continue in full force and effect until regularly re-
pealed by a council elected under this act. And the act of
which this act is amendatory in so far as it may not be amended
and re-enacted by this act, and all other acts and parts of acts
inconsistent herewith are hereby repealed.”

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