Chap. 217.—An ACT to Provide a New Charter for the Town of Charlottes.
ville,

Approved March 28, 1871.

1. Be it enacted by the general assembly of Virginia, That
so much of the land as lies and is contained within the follow-
ing boundary: beginning at a stone on the northside of Alex-
ander Garrett’s lane, and thence with said lane south sixty-
nine and one-half degrees, east 14.28 poles to the west side of
Meriwether’s mill road; thence with said road north thirty
degrees, east 21.20 poles; thence crossing said road south
sixty-seven and one-half, east 34.40 poles, to a fence between
James Minor and A. J. Farish; thence ‘north thirty-one and
one-half, east 15.44 poles, to the Chesapeake and Ohio railroad ;
thence with said road south eighty, east 17.28 poles; thence
north fourteen, east 22.44 poles, to division fence between
Anderson’s and Fowle’s; thence with said fence north thirty
and one-quarter, east 52.40 poles to road; thence north ten
and one-quarter, west 34.40 poles to the corner of the grave
yard wall next to the brick yard; thence in the direction of a
poplar tree in the corner of the brick yard lot, north twenty-
one and one-quarter, east 26.20 poles to a stone set in a field;
thence crossing the brick yard, and with the southside of the
street leading to Park street, north seventy-four, west 48.64
poles to a stake, corner to Shelton F. Leake’s; thence north
seventy-three, west 84.44 poles to a stone in Mrs. Gilmer’s
field; thence south thirty-six and one-quarter, west to a stone
in the field 35.56 poles; thence south 28, west toa stone in B.
C. Flannagan’s field 48.64 poles; thence south eighty-three,
west fifty-six poles Verinda West’s corner; thence up the road
south seventeen, west 13.12 poles; thence north seventy, west
twenty-five poles to a stone set in a field at the back of Mrs.
Diggs’ lot; thence south twenty, west 28.80 poles to a locust
tree in Mrs. Ragtowne’s; thence with same course sixteen
poles to a stake in James M. Hodges’ lot near the house; thence
south sixty-nine and one-half, east 22.20 polesto Minerva Ken-
ny’s, to a stake in the fence near the kitchen; thence north
thirty, east 6.28 poles to Alexander Garrett’s lane, by the rail-
road; thence with the said line, when completed, south sixty-
nine and one-half, east 138.76 poles to the beginning. (Being
the same limits as are prescribed in section one, of an act
passed fourteenth March, eighteen hundred and sixty, and en-
titled an act to amend the charter and extend the corporate
limits of the town of Charlottesville), shall be and is hereby
made a town corporate, by the name and style of The Town
of Charlottesville; and by that name may sue and be sued,
and shall have and exercise all the powers, and be subject to
all the provisions of the Code of Virginia, except so far as may
be herein otherwise provided.

\- 2. The municipal authorities of said town shall consist of a

os mayor and six aldermen, who shall be elected annually, on the
fourth Saturday in June, by the qualified electors of said town.
All persons qualified to vote in said election shall be eligible
to either of said offices.

8. The mayor and aldermen shall constitute the council of
said town; and all the corporate powers of said town shall be
exercised by said council or under its authority, except when
otherwise provided.

8 4, There shall be elected, annually, by the council of said

"* town, a town sergeant, clerk, assessor, treasurer, overseer of
poor, and street commissioner, all of which offices may be held
and exercised by the same person, except the sergeant, who
shall hold no other corporate office during the term for which
he was elected. . |

[re . The election of the mayor and aldermen, and the registra-
tion of electors of said town, shall be held and conducted in
the manner provided by the laws of Virginia then existing.

or §, The mayor and aldermen shall each, before entering upon

" the duties of their offices, take the oaths prescribed for all
other officers by the laws of Virginia; but if any or either of
them shall fail so to do, for thirty days after the commence-
ment of the term for which he or they were elected, his or their
office shall be deemed vacant.

of 7. Whenever, from any cause, a vacancy shall occur in the

‘ow Office of mayor or alderman, the game shall be filled by the
council at its next regular meeting, either from its own body
or from the qualified electors of said town; an entry of said
election to be made on the record book of the corporation.

ide 8, The mayor, when present, shall preside over all meetings

#f of the council; and in his absence, the president of the coun-
cil (who shall be elected by the council at its first annual meet-
ing in July of each year) shall preside. -

9. The mayor and three aldermen, or in the absence of the
mayor, four aldermen, shall constitute a quorum of the council
for the transaction of all business.

10. The mayor shall have no vote in the council, except in
the case of a tie, when he shall give the casting vote.

11, The council shall cause to be kept in a journal, an accu-
rate record of all its proceedings, by-laws, acts, and orders,
which shall be properly indexed, and open to the inspection of
any one who is entitled to vote for members of the council.

12, At each meeting of the council, the proceedings of the
last meeting shall be read to the council, and shall thereupon
be corrected if erroneous, and signed by the person presiding

es for the time being. Upon the call of any member, the ayes
and noes on any question shall be recorded in the journal.

an- 13. The council, so constituted, shall have power, within
said town, to lay off, open, curb, and pave streets, 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
sidewalks on the streets, and to order the sidewalks, footways,
and gutters to be curbed, paved, and kept in good order, free
and clean, by the owners or occupants thereof; to lay off pub-
lic grounds, and to provide, contract for, and take care of, all
buildings necessary for the use of the town; to establish and
regulate markets, to prescribe the time for holding the same,
and what articles shall be sold in such markets; to prevent in-
jury or annoyance to the public or individuals from anything
dangerous, offensive, or unwholesome; to protect places of di-
vine worship in or about the premises where held; to abate,
or cause to be abated, anything which, in the opinion of the
majority of the whole council, shall be a nuisance; to regulate
the keeping of gunpowder and other combustibles; to provide,
in and near the town, places for the burial of the dead, and to
regulate interments in the town; to provide for the building
of houses or other structures, and for the making of division
fences, and for the drainage of lots by proper drains and ditches;
to make regulations for guarding against danger or damage
from fires; to provide for the poor of the town, and appoint and
publish the places of holding the town elections; to provide a
revenue for the town, and appropriate the same to its expenses;
and to provide the annual assessment of taxable persons and
property in the town; to establish rules for the transaction of
business and for the government and regulation of its own
body; to promote the general welfare of the town, and to pro-
tect the property of persons therein, and to preserve peace and
good order therein, 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; to require and take from
the sergeant and treasurer, bonds, with such securities, and in
such penalty, as the council may see fit, which bond shall be
made payable to the town by its corporate name, and condi-
tioned for the faithful discharge of their duties; to permit or
prohibit the establishment of new places for the interment of
the dead in or near the town, and to regulate 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 the
same, to prohibit the pollution of the water which may be pro-
vided for the use of the town; to regulate and provide for the
weighing and measuring of hay, coal, and other articles sold
or for sale in said town, to regulate the transportation thereof
through the streets ; and to enable the authorities of said town
more effectually to enforce the provisions of this section, their
jurisdiction is hereby declared to extend one mile beyond the
corporate limits.

14. To carry into effect the powers herein enumerated, and
all other powers conferred upon the said town or its council
by the laws of Virginia, said council shall have power to make
and pass all needful and proper orders, by-laws, and ordinances,
net contrary to the constitution and laws of said state, and to
prescribe and impose reasonable fines or penalties, or to im-
pose imprisonments in the county jail for a period not exceed-
ing thirty days, in cases of contempt, or to enforce the collec-
tion of fines; which fines, penalties, or imprisonments, shall be
imposed, recovered, or enforced, under the judgment of the
mayor or any one of the aldermen of said town. And the au-
thorities of said town may, with the consent of the county
court of Albemarle county, entered of record, use the jail of
said county for any purposes for which the use of a jail may
be needed by them, under the acts of the council or of the
state of Virginia: provided, however, that in all cases where
a fine is imposed by the mayor, any alderman, or by the coun-
cil, exceeding ten dollars, the party or parties so fined, shall
have the right of appeal to the county court.

15. The mayor and each one of the aldermen of said town,
for the time being, are declared to be, and are hereby consti-
tuted conservators of the peace, within said town and within
one mile from the corporate limits thereof; and shall have all
the powers and authority in civil as well as criminal cases of
justices of the peace.

16. The council shall cause to be made up annually and en-
tered upon its journal, an accurate estimate of all sums of
money which are or may become lawfully chargeable on said
town, and which ought to be paid within one year; and said
council shall order a town levy for so much money as in its
discretion shall be sufficient to meet all just demands against
the corporation.

17. The levy so made may be laid on all male persons who
are residents of said town and over twenty-one years of age;
upon dogs, and on all personal*and real estate within said town,
except such persons, personal and real estate as are exempt
from taxation under the laws of this state; and also upon all
other such subjects within said town as may at the time be
assessed with state taxes.

18. In all cases in which the laws of the state require a
license to be taken out by any person engaged in the pur-
suit of any business, trade, occupation, or calling, or for
any other purpose, the said council shall have power to require
a license to be taken out in all such cases for the benefit of
said town before such person shall be permitted to pursue such
business, trade, occupation, or calling within the corporate lim-
its of said town, or within one mile from said limits. Said
council may also grant or refuse license to owners or keepers
of wagons, drays, carts, hacks, and other wheeled carriages
kept or employed in said town for hire or as carriers for the
publis, and may require the owners of such wagons, drays,
carts, and so forth, using them in the town, to take out a license
therefor, and may require taxes to be paid thereon and subject
the same to such regulations as they may deem proper.

_ 19. The revenue from these and other sources shall be col-
lected, paid over, and accounted for at such times, and to such
persons as the council shall order.

20, The council shall require the treasurer of the said cor-
poration to make out a quarterly report of the receipts and
expenditures of said town for the preceding quarter, which
report shall state on what account the expenditures were made,
and from what source or sources the receipts were derived ;
which report the council shall cause to be published in one or
more newspapers of the town, on or before the fifteenth day
of October, January, April, and July, of each year.

21. The council of the said town of Charlottesville is hereby
authorized to make and issue the registered or coupon bonds
of said corporation, payable ten years after their date, bearing
interest at not more than eight per centum per annum, payable
semi-annually; said bonds to be used exclusively in paying off
and discharging the principal and interest of the present bonded
debt of the corporation of Charlottesville. Said registered and
coupon bonds shall be regularly numbered, signed by the mayor,
clerk, and treasurer of the town, and recorded in a book kept
for that purpose.

22. The council of said town shall annually invest in Virginia
state or United States bonds, as a sinking fund, such proportion
of its annual revenne as shall be equivalent in cash value to
at least one-twentieth of the bonded debt of said town, out of
which to pay, as they fall due, the bonds which are authorized
to be issued in the next preceding section: provided, never-
theless, that the said council, may instead of investing its
revenue in Virginia or United States bonds, use said revenue,
which is to be annually invested in said bonds, in paying off and
discharging the principal of the bonds which are authorized to
be issued by the twenty-first section of this bill, but for no
other purpose or purposes.

23. The council of said town may negotiate any loan or loans
for the purpose of improving the streets, lighting the same,
buying necessary real estate, erecting public buildings, supply-
ing the town with water, and for other purposes, and shall have
authority to issue registered or coupon bonds for said loan,
payable at not more than twenty years after date of said bonds,
bearing interest at arate not greater than eight per centum
per annum, payable semi-annually: provided, that two-thirds
of the council of said town shall authorize said loan or loans,
and that the same shall be sanctioned by a vote of three-fifths
of all the qualified electors of said town, to be ascertained by
by a vote taken and conducted in the manner authorized for
any election, after having given notice thereof, for two weeks,
in some newspaper published in said town: and provided
further, that the council of the town sball annually invest in
Virginia state or United States bonds, as a sinking fund, such
proportion of the revenue of said town as shall be equal, in cash
value, to one-tenth of said loan, which sinking fund shall be
used exclusively for the payment of the bonds issued for said
loan or loans. Any bonds issued under the provisions of this
section shall be regularly numbered, signed by the mayor,
clerk, and treasurer, and recorded in a book kept for the pur-
pose.

24. The sergeant shall have power to collect the town taxes,
fines, and levies, and shall have power, one month after he shall
have received the books of commissioner of revenue of said
town, to distrain and sell therefor, in like manner as the col-
lector of taxes may sell and distrain for state taxes; and shall
have in all other respects, the same powers as such collector,
to enforce the payment and collection thereof; and the said
sergeant shall have power to exercise, within the corporate
limits of said town and within one mile thereof, all the duties
that a constable can legally exercise in regard to the coilection
of claims, executing and levying process, and he shall be en-
titled to the same compensation therefor; and he and his se-
curities shall be liable to all the fines, penalties, and forfeitures
as a constable is legally liable to for any failure or dereliction
in his said office, to be recovered in the same manner and be-
fore the same courts that said fines, penalties and forfeitures are
now recovered against a constable.

20. The officers of said town, elected or appointed by the
council, shall during the time they are in office, have all the
power ‘and authority, of like officers in the county of Albe-
marle, unless the same be abridged or restricted by the coun-
cil.

26. The mayor shall have power to suspend, and the council
shall have power to remove, all other town officers, whether
they be elected or appointed, for misconduct in office or neg-
lect of duty, to be specified in the order of suspension or re-
moval; but no such removal shall be made without reasonable
notice to the officer complained of, and an opportunity afforded
him to be heard in his defence.

27. The council may order and require real estate in the
town delinquent for non-payment of town taxes to be sold by
the sergeant at public auction, for the arrears, with interest
thereon; and with such additional per centum as the council
may prescribe for charges; and the surplus guall be paid to
the owner; and they may prescribe and regulate the manner,
and the terms on which the said delinquent real estate shall be
sold and redeemed: provided, a list of said delinquent lands,
with the arrearage of tax thereon, shall be published for at
least four weeks in some newspaper published in the town, and
posted at the front door of the courthouse of Albemarle
county: provided, that such lien and sale shall be subject to
the lien of the state and county for all taxes and levies due on
such property.

28. The mayor or council may prohibit any theatrical or
other performance, show, or exhibition, within said town, or
within a mile of its corporate limits, which may be deemed
injurious to the morals or good order of the town or the peo-
ple of the county.

29. The mayor shall be the chief executive ofticer of the
town; he shall take care that the by-laws, ordinances, acts,
and resolutions of the council, are faithfully executed; he shall
be, ex-officio, a conservator of the peace within the town, and
within a mile of its corporate limits, and shall, within the same,
exercise all the powers vested in the justices of the peace for
the county; ne shall have control of the police of the town,
and may appoint special police officers when he deems it ne-
cessary; he shall have authority to issue bis warrant for the
arrest of any person or persons violating any of the ordinances,
acts, or resolutions of said town; it shall be his duty especially
to see that peace and good order are preserved, and that per-
sons and property are protected in the town; he shall have
power to issue executions for all fines and costs imposed by
him, or he may require the immediate payment thereof; and
in default of such payment, he may commit the party in de-
fault to the jail of Albemarle county until the fine and costs
shall be paid; but the term of imprisonment shall not exceed
thirty days; 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 receive a compensation for his services,
to be fixed by the council, which shall not be increased or di-
minished for the term for which he shall have been elected.

30. All moneys belonging to the said town shall be paid over
to the treasurer, and no money shall be by him paid out, ex-
cept as the same shall have been appropriated and ordered to
be paid by the council; and the said treasurer shall pay the
same upon the certificate of the mayor, or, in his absence, upon
the certificate of the president of the council.

31. If the said treasurer shall fail to account for and pay
over all or any moneys that shall come into his hands, when
thereto required by the council, it shall be lawful for the coun-
cil, in the corporate name of the town, by motion before any
court of record held in Albemarle county, to recover from the
treasurer and his sureties, or their personal representatives,
any sum that may be due from said treasurer to said town, on
ten days’ notice.

32. And if the sergeant shall fail to collect, account for, and
pay over all the taxes, fines, and other revenue of the town,
in his hands for collection, according to the condition of his
bond, it shall be lawful for the council to recover the same, by
motion, in the corporate name of the town, betore any court
of record of said county of Albemarle, aginst the said ser-
geant, his sureties in his said bond, or any or either of them,
his or their executors or administrators, on giving ten days’
notice of the same.

33. 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 fromcontibuting to any county
expenses, for any year in which it shall appear that said town
shall, at its own expense, provide for its own poor, and keep
its streets in order.

3+. The council shall have power to make such ordinances,
by-laws, orders, and regulations as they may deem necessary,
to prevent hogs, dogs, and other animals from running at large
in the limits of the town, and may subject the owners thereof
to such fines, regulations, and taxes, as the council may deem
proper, and may sell said animals at public auction, to enforce
the payment of said fines and taxes.

35. The council shall not take or use any private property
for streets or other public purposes, without making to the
Owner or owners thereof just compensation for the same; but
in all cases where the said corporation cannot, by agreement,
obtain title to the ground necessary for such purposes, it shall
be lawful for said corporation to apply to and obtain from the
t of Albemarle, or the circuit court thereof, for au-
ondemn the same, which shall be applied for and
with according to law.
1e rights, privileges, and properties of the corpora-
arlottesville, heretofore acquired and possessed,
enjoyed by any act now in force, not in conflict
t, shall continue undiminished, and: remain vested
yn, under this act; and all laws, ordinances, and
of the corporation of Charlottesville now in force,
onsistent with this act, shall be and continue in full
fect in the town of Charlottesville, until regularly
a council elected as provided under this act.
cts and parts of acts in conflict with this act, are
aled.
act shall be in force from its passage.

n ACT to Provide a Charter for the Town of Salem, in the
County of Roanoke.

Approved March 28, 1871.

nacted by the general assembly, That an act passed
ity-first, eighteen hundred and thirty-six, entitled
corporate the town of Salem, in the county of Bote-
e acts amendatory thereof, passed March eighteenth,
ndred and forty-one; March twentieth, eighteen
d fifty, March twenty-seventh, eighteen hundred
ht, and March sixth, eighteen hundred and sixty,
and re-enacted so as to read as follows:

it enacted by the general assembly, That the town
1 the county of Roanoke, as chartered by act of as-
March twenty-first, eighteen hundred and thirty-
an act to incorporate the town of Salem, in the
Botetourt, as heretofore laid off, and as may be
tended, shall continue to be a body politic in the
» trustees of the town of Salem, and as such, shall
se, and enjoy all the rights, immunities and powers,
ect to all the duties now incumbent upon the said
ody politic.

it further enacted, That for the proper govern-
said town, the said trustees shall annually, on the
‘sday in May, having given ten day’s notice of the
ace, proceed to hold an election of officers for the
at which said election all persons living within the
ate limits of the said town, who are, under the laws
monwealth, entitled to vote, may elect seven resi-
3s who are twenty-one years old, and qualified to
nder the laws of the state, as trustees of said town
of office shall be for one year, or until their suc
_ have been elected and qualified. But if, from any
nual election herein provided, shall not be held on
‘hursday in May, it shall be lawful for the trustees
of the said town to hold the said election as soon thereafter as
may be practicable. In case any two or more persons voted
for in any such election, and not being elected, shall have an
equal number of votes, when the polls shall have been closed,
a majority of the trustees shall decide which of the persons
aforesaid shall be elected.

Ҥ 3. Be it further enacted, That the said trustees shall be
the judges of the election of their own members; and in case of
any vacancy in the office of trustees in the interval between
the election of trustees by the inhabitants of the said town,
such vacancy shall be filled by the trustees; and any trustee so
elected shall remain in office until a new election of trustees
shall be had by the inhabitants of the said town.

Ҥ 4, Be it further enacted, That the said board of trustees
shall be invested with and exercise, individually or collectively,
all the powers and authority which can be exercised by justices
of the peace of Roanoke county, under the charter, by-laws,
and ordinances of said town, and under the laws of the state for
prosecuting and suppressing unlawful assemblies, disturbances,
violent and disorderly conduct, within the corporate limits of
said town. They shall have power to enforce fines, not ex-
ceeding twenty dollars in amount, for such violations of the
peace as may be regulated by ordinance of said trustees, and
may commit to the jail of said county of Roanoke, till said
fines are paid; and to have exclusive jurisdiction in all cases
arising under the by-laws and ordinances of said town; and to
issue any and all proper process, whether mesne or final, which
may be necessary to enforce their authority. They shall each,
in addition to the oath as trustees, take an oath before a justice
of the peace of said county, faithfully to perform his duty un-
der such powers and authority.

Ҥ 5. Be it further enacted, That for the purpose of carrying
into effect the police regulations of said town, the said town shall
be allowed the use of the county jail of Roanoke county, for the
safekeeping and confinement of all persons who shall be sen-
tenced to imprisonment under the ordinances of said town.

“$6. Be it further enacted, That the trustees of the said
town shall have power, from time to time, to elect such officers
as are not provided for by the constitution, and, if necessary,
to appoint a police sufficient to preserve order in said town;
and to elect a treasurer, secretary, and such other officers, from
their own body, as may be necessary ; to remove any of such
officers, and appoint others; and to require from any officer a
bond, with approved security, for the taithful performance of
his duty. And that the sergeant of the said town shall have
the same powers within the limits of said town, and for one
mile around the same, in all matters arising within said town,
as a constable; perform the same duties, receive the fees, and
be subject to the penalties prescribed by law as to constables.
In collecting the town taxes, the sergeant may distrain and
sell therefor in like manner as a sheriff may distrain and sell
for state taxes, and shall have, in other respects, like powers
to enforce the collection thereof.

Ҥ 7. Be it further enacted, That the presiding trustee, or
any two of said trustees, shall have power to summon a meet-
ing of said trustees, as often as he or they may think fit; which
meeting shall be composed of not less than five members, in-
cluding the president, or, in his absence, a president pro tem-
pore, elected by any four of said trustees, who may be present;
and all questions before a meeting of said trustees, shall be de-
cided by a majority of tke trustees present, each having one
vote, except the person presiding, who shall vote only when
the others are equally divided. ‘The said trustees shall more-
over keep a full and complete record of all their proceedings
and accounts, of all moneys by them received and disbursed ;
for which purpose, they shall procure all necessary blank books,
well bound; which record and accounts the said trustees shall
carefully preserve, and, from time to time, hand over and de-
liver to their successors, and the same shall at all times be open
to the inspection of persons qualified to vote for trustees of
said town. .

Ҥ 8. Beit further enacted, That the said trustees shall also
have power and authority to make all necessary provisions to
prevent accidents by fire, and to supply the town with water
for all necessary purposes, and to purchase engines, hose, fire
hooks, ladders, and other fixtures useful for preventing acci-
dents by fire, and to organize fire companies. They shall also
have power and authority to establish markets, build a market
house, and regulate the same; to graduate and pave, or in any
other manner improve the streets, walks, and alleys of said
town; to prevent and punish, by reasonable fines, the practice
of firing guns, or in any manner setting fire to powder, of run-
ning horses, and of all else detrimental to the peace and quiet
of said town; to license and regulate shows and other public
exhibitions, and the same to tax to such extent as they may
deem reasonable and expedient; to prescribe rules for the or-
derly and regular building of houses and chimneys; to regu-
late blacksmiths’ shops, and all other shops considered likely
to occasion accidents by fire, and the erection of stoves and
stovepipes: to regulate the erection of privies, stables, and
corn sheds, and prescribe their location; to regulate butchers’
stalls and slaughter houses; to remove and abate nuisances
Within said town, at the expense of those who may occasion
them; to prohibit hogs and dogs from running at large within
the limits of said town; to prevent the exhibition of stud
horses and jackasses in said town; and generally, to pass all
by-laws and ordinances, not contrary to the laws and constitu-
tion of this state or of the United States, which the said trus-
tees may think necessary and proper for carrying into effect
the foregoing powers that may hereafter be vested in them;
and for regulating the police, preserving the peace and good
order and government of the said town, and to amend or re-
peal the same at their pleasure; and to enforce the observance
of such by-laws and ordinances, under penalties not exceeding
twenty dollars for one offence, to be recovered, with cost, in
the name of said corporation, before any justice of the peace
of said town, and applied in aid of the taxes imposed upon
said town.
Ҥ 9. Be it further enacted, That for the purpose of carry-
ing into effect, all or any of the powers granted to the trustees
of said town, they shall have power to appoint annually two
assessors who shall choose a third, all of whom shall be citi-
zens in the said town, and the three shall between the first and
and fifteenth days of April in each year, assess the value of the
real property in the corporate limits of the said town except
the public prceperty hereinafter mentioned, and one of whom
may by direction of the said trustees also assess the value of
the personal property of the said town, which assessments shall
form the basis of taxation within the said town, and also have
power and authority to levy and collect annually a tax on all
the titheables and property, real and personal within said town,
including the public lots, lands and buildings belonging to the
county of Roanoke, and on such other subjects within said
town as are, or may be taxed by the revenue laws of this state,
and on dogs belonging to persons residing in said town, and
for the privilege of carrying on any regular business in said
town by persons who do uot reside within the town: provided,
that the tax on real estate shall not exceed in any one year
fifty cents on every one hundred dollars value thereof, as as-
sessed under the laws of this state for ascertaining the value
of lands and houses for apportioning public taxes, and as as-
certained by persons who may be appointed under this act to
value the said public lands, lots, and buildings belonging to
Roanoke county, and that the tax on titheables shall not ex-
ceed fifty cents on each in any one year, and for the purpose
of doing a regular business within the town by persons who
do not reside within the town, not exceeding the sum of five
dollars for any one year: and provided, also, that the tax to
be imposed on all other property shall not exceed the taxes on
like subjects by the revenue laws of this state for the same
year.

“$10. Be it further enacted, That the county court of Ro-
anoke county, at its April term, eighteen hundred and seventy-
two, and each five years thereafter, shall appoint oue person,
who, together with two other persons, one to be appointed by
the trustees of said town, and the third to be selected by the
other two—all being citizens of said county, and over the age
of twenty-one years, and being first duly sworn for that pur-
pose—shall, without delay, proceed to value the public lands,
lots, and buildings within the said town, belonging to the
county of Roanoke; which valuation, any two of said valuers
concurring in the same, in writing, under the hands and seals
of the said valuers, or of the two concurring, as atoresaid, shall
be returned forthwith to the trustees of said town, and also to
the next succeeding court of Roanoke county, after the same
sha]l have been completed, and shall have been entered of re-
cord among the proceedings of said trustees, and also among
the proceedings of said court; and the trustees of said town,
when assessing taxes upon the real estate thereof for any year,
shall, in ascertaining the proportion of such tax to be paid by
said court for that year on the said public lands, lots, and build-
ings, be regulated by the valuation last returned, as aforesaid ;
and when the amount of tax on said public lands, lots, and
buildings shall be ascertained, as aforesaid, the said trustees
shall enter an order among their proceedings, directing the
amount of tax so ascertained, to be certified to the said county
court, a copy of which order, attested by the secretary of the
board of trustees, and signed by the president, or president
pro tempore, of said trustees, shall be returned to said court
before the assessing and laying of the county levy for that
year; whereupon the oflicer or officers of said county, whose
duty it is to assess and lay the county levy, shall include the
amount of said tax, so certified, among the debts due by said
county of Roanoke, and make an order directing the sheriff,
or other proper oflicer thereof, to pay the same out of the levy
of that year to the treasurer of the said town.

Ҥ 11. Be it further enacted, That in order the better to
determine who shall be liable to taxation in the said town un-
der this act, it is hereby declared that all persons liable to
taxation, as hereinbefore provided, and residing in, or doing
business in said town, as aforesaid, annually, on the first day
of February, shall be subject to taxation the current year.

Ҥ 12. Be it further enacted, That the said trustees shall
have power and authority, whenever they deem it expedient,
to have the sidewalks, footways, and gutters, along any street
or alley within the said town, of such width as they may pre-
scribe, properly paved, or otherwise suitably improved and re-
paired and altered, whenever they may think fit, at the proper
cost and expense of the owners or occupants of the lands or
lots along the front or sides of which such footways, sidewalks,
or other improvements extend, and to levy and collect for that
purpose a special tax on each of such lots or pieces of land,
proportioned to the number of feet of the same fronting on
such pavement or other improvement; which special tax shall
be collected by the sergeant of said town as other taxes on
real estate, within the said town, are herein directed to be col-
lected: provided, however, that before any owner or occupier
of any land or lot within said town, shall be required to make
any such pavement or other improvement at his own proper
cost and expense, or a tax shall be levied upon the same for
that purpose, there shall be on such land or lot, fronting the
side along which such pavement or other improvement shall
be required, a house or building, at least twenty feet square.
In all cases where a lessee or tenant shall pay the expense of
any such pavement along the side or sides of the land or lot
by him occupied, for which land or lot, by contract with his
lessor or landlord, he shall be bound to pay rent, the amount
of any such expense paid by him, or collected from him, or
made out of his property, shall be a good and valid set off
against so much of the rent due or accruing to his lessor or
landlord.

Ҥ 13. Be it further enacted, That all taxes whether general
or special, assessed upon any land or lot in said town under
this act, are hereby declared to constitute a lien upon such land
or lot; and if the town sergeant shall not have been able with
due diligence to collect the said taxes by the first day of No-
vember of the year in which the same were assessed, he shall
at the first meeting of the board of trustees thereafter, make
return upon oath to the board of trustees of the taxes so un-
collected and the lands or lots whereon such uncollected taxes
were levied; and thereupon the said trustees shall have the
same remedy against the said delinquent lots or lands as this
commonwealth now has in similar cases.

Ҥ 14. Be it further enacted, That the trustees of the said
town may as soon as practicable after the passage of this act,
proceed to extend the limits of said town, so as to include
within the corporate limits thereof, all houses and lota lying in
the immediate vicinity of the same and nominally recognized
as a part of said town, but not heretofore included within the
established limits thereof, and make an order to be entered of
record among their proceedings, establishing such extended
limits, and particularly describing the same, and also at any
time after the passage of this act, to lay off and open new
streets, cross streets and alleys of such width and extent as
gaid trustees may think fit and convenient, or alter those already
laid off, and opened, or such as may hereafter be laid off and
opened, whether within the origninal or extended limits of the
said town.

Ҥ 15. Be it further enacted, That for the purpose of main-
taining the police regulations of said town under the authority
of this act and for no other purpose, the jurisdiction of the
corporate authorities thereof, shall be, and the same is hereby
made to extend one mile beyond the limits of said town.

“$16. Be it further enacted, That the by-laws heretofore
passed by the trustees of the said town of Salem and which
have not been repealed, shall be and continue in force until
altered or repealed by the trustees of s4id town.

Ҥ 17. Be it further enacted, That all acts and parts of acts
concerning the town of Salem, in the county of Roanoke, or
the lands and lots therein, conflicting with, or contrary to the
provisions of this act, shall be and the same are hereby re-
pealed.

“§ 18. This act shall be in force from its passage.”