Chap. 135.—An ACT * to Amend Sections 1 and 2 of Chapter 254, Acts of
1855-'56, passed December 20th, 1855, in relation to the Town of Upper-
ville,

Approved March 8, 1873.

1. Be it enacted by the general assembly of Virginia, That
the second section of an act to incorporate the town of Upper-
ville, passed March thirty-first, eighteen hundred and fifty-two,
be amended and re-enacted so as to read as follows:

§ 2. The officers of said town shall consist of a mayor and
seven councilmen; and William M. Claud is hereby appointed
mayor thereof, and Dr. A. P. Brown, John J. Haines, W.
Richardson, James K. Bradfield, C. M. Smith, Gilbert B. Gib-
son and John A. DunBarr, are hereby appointed councilmen
thereof. And the said mayor and councilmen shall have and
exercise all the powers hereinafter granted to said officers, and
remain in office until their successors shall be elected and
qualified according to law, a majority of whom shall form a
quorum for the transaction of business. The said mayor and
councilmen shall be elécted annually on the fourth Thursday
in May by the electors of said town of Upperville, qualified to
vote for members of the general assembly, according to the
general election laws of the commonwealth: provided, that no
person shall vote at said election who shall not have resided in
the corporate limits of said town three months next preceding
such election. The person so elected mayor of said town shall
be and is hereby vested with the powers and authority of jus-
tice of the peace within the corporate limits of said town, to
have and exercise the like jurisdiction in all cases whatsoever
originating within said limits as a justice of the county now
has or may hereafter have by law, but acting upon and under
the by-laws and ordinances of said town, in accordance with
the general laws of the Jand. It shall be the duty of said
mayor to suppress all disturbances, riots and disorderly con-
duct within the bounds of said town, and for that purpose is
hereby empowered to appoint as many citizens of said town to
assist the town sergeant, hereinafter named, as he may deem
necessary. He shall have the power to issue process, hear and
determine all prosecutions, cases and controversies arising
under the by-laws and ordinances, and issue executions, saving
to parties the right of appeal to the county court of Fauquier
county in all cases where the fine or other matter in contro-
versy shall exceed twenty dollars; such appeals shall be taken
in the same time and manner, and upon the same terms, that
appeals are now taken from judgments of single justices.

§ 3. The mayor, or any three of said council, shall have
power to call a meeting of said council as often as occasion
may require.

§ 4. The said council shall have the power to improve
the streets, walks and alleys of said town; to prevent and
punish by reasonable fines the firing of guns, or running or
driving horses at an unusual gait in said town, or other of-
fences tending to disturb the peace and quiet of the said town;
to license and regulate shows and other public exhibitions, and
tax the same as they may deem expedient; to appoint all such
officers as may be necessary for conducting the affairs of said
town, not otherwise provided in this act, and allow them such
compensation as they may deem reasonable; and, finally, to
make all such by-laws, rules and regulations as they may deem
necessary for the good government of said town, and the same
to amend, repeal or enforce by reasonable fines and penalties,
not exceeding for any one offence the sum of twenty dollars,
to be recovered with costs in the name of the mayor of said
town.

§ 5. The said council shall have power to assess and collect
annual tax in said town, for the purposes before mentioned, on
all such property, real and personal, as is now taxable under
the revenue laws of this commonwealth: provided, that the tax
on said real and personal estate shall not exceed in any one
year fifty cents on every hundred dollars value thereof, antl a
tax not exceeding fifty cents in any one year on all male inhab-
itants over twenty-one years of age within said town.

§ 6. The said council shall appoint annually a sergeant or
town collector, who shall possess the like right of distress and
powers in collecting the said taxes, service of process and re-
turn thereof arising under the authority of this act, and all
by-laws made in pursuance of it, and shall be entitled to like
fees and commissions as are allowed by the law of this com-
monwealth to the collectors and constables thereof for similar
duties and services; said sergeant shall execute bond with ap-
proved security in such penalty as such council shall deem ne-
cessary, payable to them and their successors in office, condi-
tioned for the faithful performance of his duties, and payment
over to them of said taxes and moneys collected and received
by him in virtue of his office, and he and his securities, his and
their executors, &c., shall be subject to such proceedings, by
motion or otherwise, before the county court of Fauquier
county for enforcing the payment of such taxes and other mo-
neys by him collected or received as aforesaid, at the suit or
motion of said mayor or other person entitled, as collectors of
county levies are by law subject to for enforcing payment of
the levies by them collected; the said council, by a two-thirds
vote, may remove said sergeant from office for misconduct at
any time during his term of service, in which case they are
hereby empowered to appoint another for the unexpired term
in his stead.

§ 7. All fines, penalties and amercements and other moneys
received and raised by virtue of this act, and not otherwise di-
rected to be applied, shall be at the disposal of the council for
the use and benefit of the town.

§ 8. All acts or parts of acts in conflict with this act are
hereby repealed.

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