Chap. 273.—An ACT to Provide a Charter for the Town of Lexinsz—
Approved April 28, 1874.

1. Be it enacted by the general assembly of Virginia, Tks ]
the territory contained within the limits prescribed by t:-
acts now in force, and the following additional territory, viz:
Beginning at the southwest corner of present corporatics
on Wood’s creek, at an elm at end of alley running imme
diately in rear of Presbyterian mause; thence up Wood:
creek south fifty-two west, seven chains twenty-five links
south twenty-nine west, six chains to fork of creek; then=
up left hand branch three hundred and forty-six east, eleve2
chains and eighty-seven links south two east, crossing ros!
over bridge five chains sixty-six links; thence leaving branct
south fifty and one-half east, crossing wood house on th
southwest side of the setler’s house, twenty chains forty link:
to Main street, with same course along an alley, over the hi!:
thirty-nine chains twenty links; thence north thirty-six ess.
fifteen chains seventy-five links to road running to fair

ound; thence north sixty-two and one-half east, inclx-

ing three cabins built on the road passing Col. Alto, thirty-
seven chains to said road; thence with said road to the line
of Mrs. A. M. Paxton, and with the southeastern and north-
eastern sides of her lots to the old corporation line, and the
territory prescribed by any act hereafter passed by the gen-
eral assembly, shall be deemed and taken asthe town of Lex-
ington; and the inhaVitants of the town of Lexington, for
all purposes for which towns and cities are incorporated in
the commonwealth, shall continue to be one body politic, ia
fact and in name, under the style and denomination of the
town of Lexington, and, as such, shall have, exercise, and
enjoy all the rights, immunities, powers and privileges, and
be subject to all the duties and obligations now incumbent
and pertaining to said town as a municipal incorporation.

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2. The administration and government of the said town Ma
shall be vested in one principal officer, to be styled the mayor, ana
six councilmen, to be called the council of-the town of Lex. tute
ington, and in such other boards and officers as are hereafter ™ ‘
mentioned, or may be provided by the council; and all the
real and personal estate, and the funds, revenues, claims,
rights, titles, trusts, and privileges of said town shall be under
the management, control, and disposition of the mayor and
council aforesaid.

3. The mayor and council now in office shall continue to Pre
exercise the duties of their respective offices until the first °"4
day of July, eighteen hundred and seventy-five, and until su«
their successors shall be elected and have qualified. The
election of mayor and council under this act shall take place Nev
on the fourth Thursday in May, biennially, commencing in ¥2
eighteen hundred and seventy-five. The persons so elected Wh
mayor and council at such election shall enter upon the du- mer
ties of their offices on the first day of July next succeeding ȴ
their election, and shall continue 1n office until their succes-
sors are elected and qualified. The election of the mayor Hoy
and councilmen, and the registration of electors of said town, }e!

shall be held and conducted in the manner provided by the neg
laws of Virginia then existing. vote

4. The council shall judge of the returns, by the sheriff cou
or sergeant, or other officers, and of the election and qualifi- 9% °
cation of the persons returned. If it shall appear by said of o
election returns, at any election, that any municipal officer
has not been elected, or if any person elected to a municipa .
office shall refuse to accept said office, or if it shall appear by
said election returns that any such officer shall not have been
elected, by reason of two or more candidates having an equal «
number of votes, the council shall, by ballot, elect such offi- To
cer or officers, either from among the candidates, or citizens o% 4
qualified to hold office, who shall, after being qualified ac-
cording to law, hold such office or offices until their succes-
sors shall be elected and qualified. If any person returned New
be adjudged disqualified, or be expelled, a new election shall >@}
be held at the same piace, on such day as the council may is di
prescribe, to supply the vacancy. Any vacancy occurring Vac
otherwise, during the term for which any of the said persons ™P!
may have been elected, may be filled by the council by the
appointment of any one eligible to such office. A vacancy Vac
in the office of mayor may be filled by the council, either
from their own body or from the electors of the town.

5. It shall be the duty of the persons elected under the om
provisions of this act, on or before the day fixed by this act 224
for the terms of their respective offices to commence, to take
and subscribe, before a justice of the peace, or a notary pub-
lic, of the county of Rockbridgo, an oath, faithfully to oxe- oat
cute the duties of his office, to the best of his judgment. Ke"
The person elected mayor, shall also take-and subscribe the
oaths prescribed by law for all state officers. The oath taken
under this section, shall be filed with tha records of the
town.

6. The fuilure of any person elected or appointed under
this act to qualify for thirty days after the commencement
of the term for which he was elected or appointed, or, if
elected or appointed to fill a vacancy, for thirty days after
such election or appointment, shall vacate his office.

we 7%. The mayor, as chief magistrate of the corporation, shall
take care that the by-laws and ordinances of said town be
faithfully executed; and to carry into effect the powers herein
enumerated, and all other powers conferred upon the said
town, or its mayor and council, by the laws of irginia, said
mayor and council shall have power to make and pass all
needful and proper orders, by-laws, and ordinances, not con-
trary to the constitution and laws of this state, and to pre-
I: scribe and impose reasonable fines or penalties, or to impose
imprisonment in the county jail for a period not exceeding
thirty days, in cases of coutempt, or to enforce the collection
of fines, which fines, penalties, or imprisonments shall be
imposed or enforced under the judgment of the mayor or one
of the councilmen of said town. They may establish a chan-

g, and may enforce the penalties and fines, and punish
such offences by sentence to the chain-gang, or otherwise, as
may be authorized by law. And the authorities of said town
may, with the consent of the board of supervisors of Rock-
bridge 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 mayor and council, or of the

al state of Virginia: provided, however, that in all cases where

* a fine is imposed by the mayor or any councilman exceeding

_ ten dollars, the party or parties so fined shall have the right
to appeal to the county court.

8. The mayor and members of the council of said town,

» for the time being, are declared to be and are hereby consti-
tuted cdnservators of the peace within said town, and within
- one mile from the corporate limits thereof; and the jurisdic-
tion of said mayor and council shall extend one mile beyond
and outside of the limits thereof, for the better maintenance
e of the police regulations of said town, and for imposing and
collecting a liceuse tax on all shows, performances, and exhi-
bitions which shall take place anywhere within said extended
territory; and shall have all the power and authority, for
reserving the peace of said town, which are now vested in
justices of the peace; they shall have power to issue process
and to hear and determine all prosecutions, cases, and con-
troversies which shal! arise under the by-laws and ordinances
of said town.
9. When the officer to whom any execution shall be directed
a by the mayor or any councilman of said town shall not be
able to find goods and chattels to satisfy the same, he shall
make return thereof to the clerk of the county court of Rock-
d, bridge county, who shall docket the same, and shall issue
mm executions thereon as if judgment upon which such execu-

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tion issued had been rendered in court; and the execution so T
returned shall, after being so docketed, have all the force *
and effect of a judgment; and the same proceedings shall be p
had upon executions thus issued as upon those founded upon
judgments ihe apa courts of law; and the clerk shall be c

entitled to the sa es for his services to which he would
have been entitled*#? such judgment had been rendered in
court.

10. The mayor and council shall have power to establish p
a station house for the safekeeping of all persoris arrested by ti
the town sergeant or police officers, for violating any ordi- ix
nances of said town, until such persons can be brought before j*
the mayor or any councilman for trial; and the jail of Rock- 4
bridge county may be used for this pugpose by and with the g.
consent of the board of supervisors entered of record; and ©
the jailor of said county shall be authorized to receive into jg,
the jail of said county for safekeeping without a mittimus or
warrant from a justice of the peace, or the mayor or any one
of the councilmen of Lexington, all such persons as may be
apprehended by the sergeant or police officers of said town
for a violation of the rules, regulations, by-laws, ordinances,
or disturbing the peace of said town; and said jailor shall be
authorized to retain such persons in his custody until ten
o'clock in the morning of the second day, at which time to
be discharged unless demanded by the sergeant or police offi-
cer of said town, or regularly committed to his custody by
a mittimus or warrant from a justice of the peace, or the
mayor, or any one of the councilmen of said-town. The
jailor shall, in such case, be entitled to the fees which are 3
provide® to be paid to him for persons who may be commit-
ted to his custody under warrant or mittimus from a justice
of the peace.

11. The mayor shall have power to suspend, and to re-F
move, all other town officers, whether they be elected or ap- f
pointed, for misconduct in office or neglect of duty, to be o
specified in the order of suspension or removal; but no such n
removal shall be made without reasonable notice to the offi- ®
cer complained of, and an opportunity afforded him to be
heard in his defence.

12. The council shall, by ordinance or resolution, fix thes
time for their stated meetings, and manner of calling special 2
meetings; and no business shall be transacted at a special i
meeting but that for which it shall be called.

13. The council shall have authority to adopt such rules, z
and to appoint such officers, committees and clerks, as they &
may deem proper for the regulation of their proceedings, and
for the transaction of business, and to compel the attendance P
of absent members; may fine members of their body for dis- 8
orderly behaviour, and, with the concurrence of two-thirds, F
expel a member. The mayor shall preside over the said },
council, and when he is absent they may appoint & president si
pro tempore. They shall keep a minute book, in which their
clerk shall, in a brief manner, note the proceedings of the p
398 ACTS OF ASSEMBLY.

council; how council, and shall record said proceedings at Fargre in tte:
kept by clerk = cord book, and keep the same properly indexed. At th
Yeas and nays; quest of any member present@the yeas and nays shail ts
how reco corded on any question. At the next meeting, the pre
Authentication ings shall be read and signed by the person who was fr
a ® ding when the previous meeting adjourned, or he bein:

then present, by the person presidiug when they are =
Meetingsof The meetings of the council shall be open, except wher 1
public welfare shall require secrecy. The record book «i+
may be secret council shall bé open to the inspection of any one who =
” titled to vote for members of the council.

Quorum of 14. The mayor and three councilmen, or, in the absent?
council the mayor, four councilmen, shall constitute a quorum for
Vote to levy tax transaction of all business; but no tax shall be levied or:.*
orinour debta porate debt contracted unless by a vote of two-thirds of t

whole council, which vote sball be taken by yeas and ra:
Otheg ques- and recorded on the record book; all other questions beh=
tions; how de- a meeting of said council shall be decided by a majorifry

those present, each having one vote, except the mayor.“
In cases of tie the person who presides, who shall vote only when the oth:

are equally divided.

Rergeant, clerk, 15. There shall be elected annually by the council of a:
surer chpineer, tOWD, & town sergeant, clerk, assessor, treasurer, town en
Superintendent. neer, and superintendent of water-works, and such other 0
and other of. cers and clerks as may be provided for by ordinance. 7%
cers; how elect- council shall grant to such officers so elected, the power t+
Their powers; cCessary Or proper to carry into effect any authority,-capacit.
how prescribed oy jurisdiction which are or shall be vested in said tov:
Their feesand shall define their duties, and shall allow them reasonable tc
compensation and compensation, and to require and take of all or aar«
Bonds them, such bonds, obligations, or other writings, with approve

security, as they shall deem necessary or proper, to ensur

the faithful performance of their several duties. .

Bonds; how 16. All bonds, obligations, or other writings, taken in pur-

proceeded on suance of the preceding section, shall be made payable to the
town of Lexington; and the respective persons, their heirs.
executors and administrators, bound thereby, shall be liabk
to the same proceedings on said bonds, obligations, or other
writings, for enforcing the conditions and terms thereof, by
motion or otherwise, before any court of record in Rock-
bridge county, that collectors of the county levies, and ther
securitier, are or shall be subject to on their bonds, for es-
forcing the payment of the county levies.

Powertopass 17. The mayor and council, so constituted, shall have power
by-laws, ordi- within said town to make such ordinances, orders, by-laws

» & ;
we and regulations, as they may deem necessary to enforee and
carry out the following powers, which are hereby vested 0
them:
Markets; regu- First. To establish a market or markets, in and for ssid

lations therefor ¢Quw1 and to annoint vroner officers therefor. prescribe the
shall be necessary and proper to prevent huckstering, fore-
stalling and regrating.

Second. To erect and keep in order all public buildings ne-
cessary or proper for said town, to establish and enlarge wa-
ter works and gas works within or without the limits of the
town; to contract and agree with owners of any land for the
use or purchase thereof, or have the same condemned, ac-
cording to law, for the location, extension or enlargement of
their said works, the pipes connected therewith, or any of the
fixtures or appurtenances thereof; and shall have the power
to protect from injury, by ordinances prescribing adequate
penalties, the said works, pipes, fixtures, and land, or any
thing connected therewith, whether within or without the
limits of said town; to contract and agree with the owners
of any spring of water within the limits of the town, or
within three miles of the corporate limits, for the use or pur-
chase thereof, or have the same condemned, according to
law.

Third. To open, close or extend, widen or narrow, lay out
and graduate, curb and pave, and otherwise improve, streets,
side-walks and public alleys, in the town, and have them kept
in good order and properly lighted; and over any street or
alley in the town, which has been or may be ceded or con.
veyed to the town, by proper deed or otherwise, they shall
have like power and authority as over other streets and al-
leys; they may build bridges in and culverts under said
streets, and may prevent or remove any structure, obstruc-
tion or encroachments, over or under, or in, any street, side-
walk or alley, in said town; and may permit shade trees to
be planted along the said streets; but no company shall oc-
cupy, with its works or any appurtenances thereof, the
streets, side-walks or alleys, of the town, without the con-
sent of the mayor and council, duly entered upon its records.

Fourth. To prevent the cumbering of the streets, side-
walks, alleys, lanes, bridges in the town, in any manner what-
ever; to require all entrances to cellars from the side-walks
to be closed with doors, or grates level with the side-walk;
and to require the side-walks and gutters to be kept free
from mud and snow.

Fifth. To secure the inhabitants from contagious, infec-
tious or other dangerous diseases; to establish, erect and regu-
late hospitals; to provide for and force the removal of patients
to said hospitals; to appoint and organize a board of health
for said town, with the authority necessary for the prompt
and efficient performance of its duties.

Sixth. To require and compel the abatement and removal
of all nuisances within said town, at the expense of the per-
gon or persons causing the same, or the owner or owners of
the ground whereon the same shall be; to prevent or regulate
slaughter houses and soap and candle factories within said
town, or the excercise of any dangerous, offensive or unhealthy
business, trade or employment therein.
occupiers thereof in case the owners or occupiers refuse to
renew or repair the same; to prevent the exhibition: of stud Eznit
horses and jackasses in said town. And in case any ground Stall
in said town shall be subject to be covered by stagnant water, Remo
or if the owner or owners, occupier or occupiers thereof, shall fens
permit any unwholesome or offensive substance to remain or
accumulate therein, it shall be lawful for the mayor and
council to cause such ground to be filled, raised or drained,

or cause such substances to be covered or to be removed
therefrom, and to collect the expense of so doing from the Expe:
said owner or owners, occupier or occupiers, or any of them, 9,
by distress and sale in the same manner in which taxes levied
upon real estate for the benefit of said town are herein autho-
rized to be collected: provided, however, that reasonable no- Notio
tice be first given to the said owners or their agents; in case 2a
of non-resident owners who have no agent in said town, such
notice may be given by publication for not less than four
weeks in some newspaper published in said town.

Fifteenth. To regulate and provide for the weighing and Meas
measuring of coal, ay and other articles, sold or for sale in gas
said town, and to regulate the transportation thereof through subst
the streets. |

18. The mayor shall have control of the police of the said Mayo
town, and may, when authorized by the council, appoint spe- ,
cial police officers when he deems it necessary. He shall
have authority to issue his warrant for the arrest of any per- Arres
gon or persons violating any of the ordinances, acts or regu- Grains
lations of said town. It shall be his duty especially to see To pr
that peace and good order are preserved, and that persons Sir
and property are protected in the town. He shall have Other

wer to issue executions for all fines and costs imposed by ™*7®

im. 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 His «
be fixed by the council, which shall not be increased or di-
minished for the time for which he shall have been elected.

19. No ordinance hereafter passed by the mayor and coun- Wher
cil, for the violation of which any penalty is imposed, shall Seow
take effect until the same shall have been published in one of Pup
the town newspapers, or by handbills, as the council may

rescribe. Such handbills shall be posted at at least ten pub-

ic places in the towh. A certificate of such posting shall be Certis
filed by the sergeant with the clerk of the council. And all fe
laws, regulations and ordinances of the said mayor and coun- ordin
cil, certified by their clerk, may be read in evidence in all the whe,
courts of justice, and in all proceedings before any officer, dence
body or board, in which it shall be necessary to refer thereto.

20. All money belonging to the said town, shall be paid payin
over to the treasurer, and no money shall be by him paid out intos
except as the same shall have been appropriated and ordered
to be paid by the mayor and council; and the said treasurer
shall pay the same upon the warrant of the mayor, or, in his
absence, upon the warrant of the president pro tempore of
the council; and such warrant shall not bear interest, nor
Shall interest be paid thereon. The mayor and council may
also requive the treasurer to keep all money of the town
coming into his hands, in such place or places of deposit as
they may by ordinance provide, establish or direct.
_ 21. The mayor and council of said town may, in the name
of and for the use of the town, contract loans, or cause to be
issued certificates of debts or bonds, either registered or cou-
por. for the purpose of opening and improving the streets,
ighting the same, buying necessary real estate for cemete-
ries and other purposes, erecting public. buildings, school
houses, and supplying the town with water; but such loans,
certificates or bonds, shall not be irredeemable for a period
greater than thirty-four years: provided, that two-thirds of
“the council of said town shall authorize said loan or loans,
and if over the sum of five thousand dollars, for any one pur-
pose, the same shall be sanctioned by a vote of three-fifths of
the legal voters of the town voting on the question, to be as-
certained by a vote taken and conducted in the manner au-
thorized for every election, after having given notice thereof
for two weeks in some newspaper published in said town.
, And the mayor and council shall, when any such debt or loan
is created, provide a sinking fund for the payment of the
same: and provided further, that the said mayor and coun-
eil shall not endorse the bonds of any company whatever
without the same authority: provided, that the liabilities of
said town shall never be increased so as to exceed, in the ag-
gregate, ten per centum of aggregate of the assessed taxa-
ble property in said town.

22. ‘An bonds issued under the provisions of the preceding
section, shall be regularly numbered, signed by the mayor
and treasurer, and recorded in a book kept for the purpose.

23. And for the more equal apportionment of taxes upon

_ the lots and buildings of said town, it shall be lawful for the
mayor and council thereof, at such time and as often as may
be deemed necessary by them, to appoint three freeholders
over twenty-one years of age, who being first duly sworn for
that purpose, shall, without delay, proceed to value the lands,
lots and buildings within the said town, and such other lots,
buildings and improvements as may hereafter be made and
erected within the limits of said town; 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 concur-
ring as aforesaid, shall be returned forthwith to the mayor
and’ council of said town, to. be entered of record upon their
proceedings. And the mayor and cuuncil of said town, when
assessing tax upon the real estate thereof for any year, shall
be regulated by the valuation so returned, which valuation
shall be taken and considered as the valuation for the pur-
pose aforesaid until a new valuation shall be made. And if
any person or persons shall consider themselves aggrieved
by the valuation of said valuers, he or they shall have the

' privilege of appeal (within ten days after the return of said
valuation) to the said mayor and council, whose decision
thereon shall be final.

24. The mayor and council shall have power and authority,
at any time after the passage of this act, to lay off new lots,
streets and alleys on other lands not now iucluded within
the limits of said town, and to include the same within the
corporate limits thereof, with the consent of the owners of
the land which they may desire so to include; or if such land
be owned by an infant, feme covert, or person non compos
mentis, imprisoned, or not within the commonwealth, or by
any person disabled by law in any other manner to give
consent, then, in that case, with the consent of the county
court of Rockbridge.

25. All streets, cross streets and alleys which are alread
laid off and opened, or which may at any time be located,
surveyed, and opened in said town, or in extending the same,
shall be and they are hereby established as public streets and
alleys of said town. :

26. And if, at any time after the passage of this act, the
streets and alleys of said town, or any part thereof, shall be
altered, or new streets and alleys laid off in said town, or
new lots, streets and alleys be laid off and opened on lands
not then within its limits, for the purpose of extending the
corporate limits of said town; or if any dispute should arise
between any of the freeholders of said town respecting the
boundaries of their lots, then the said mayor and council
shall, as often as any such alteration shall be made, or new
streets and alleys laid off, or extension of the said town as
aforesaid made or disputes as to boundaries arise, make or
cause to be made a ccrrect survey and plan or plat, of all
such alterations, new lots, streets and alleys, numberirg the
new lots, and a correct survey and plat of such disputed
boundary or boundaries,*defining and adjusting the rights of
the parties contesting the same; which plans or plats, so
made, and under the hands and seals of the mayor, and any
two of the council, shall be lodged in the clerk’s office of the
county court of Rockbridge county, there to be recorded and
kept. And said plans and sarveys, so duly made and re-
corded from time to time, shall, in all future suits and con-
tests concerning the lands, lots, streets and alleys therein
embraced, and disputed boundaries therein defined and ad-
justed, be deemed, held and taken, as full and conclusive evi-
dence between the parties: provided, that any expense at-
tending the adjustment of such disputed boundaries, shall be
paid by the parties contesting the same.

27. Whenever any new street shall be laid out, a street

ed or improved, a culvert or sewer built, side-walk or

tter paved or curbed, or any other improvement whatso-
ever made, the mayor and council shall determine what por-
tion, if any, of the expenses thereof shall be paid out of the
town treasury, and what portion by the owners of real es-
tate benefitted thereby; all real estate within said town, now,
or which shall hereafter be, exempt from taxation by law,
shall pay the portion of the costs of such improvements, ao
yssossed against said real estate; but when the person so as-
sessed by the council shall consider himself aggrieved by said
assessment, he shall have the right to select one disinterested
pérson, and the council shall select another like person, and
they shall determine whether said assessment is reasonable
and just; and in case they cannot agree, they shall select a
third person, and their award shall be conclusive. Any such
assessment shall be collected by the treasurer or town ser.
yeant, or collector, as other taxes on real estate within the
said town are herein directed to be collected. And in all
cases in which a lessee or tenant shall pay the expenses of
any such pavement or other improvement assessed upon the
land or lot by him occupied, and for which land, by the con-
tract with his lessor or landlord, he shall be bound to pay
rent, the amount of any such expenses paid by him, or col-
lected 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.

28. Whenever any street, alley or lane in said town shall
have been opened to, and used by, the public for the period
of five years, the same shall thereby become a street, alley,
or lane for all public purposes, and said mayor and council
shall have the same authority and jurisdiction over and right
and interest therein as they may have by law over the streets,
alleys and lanes laid out by them. And any street or alley
reserved in the division or sub-division into lots, or any por-
tion of the territory within the corporate limits of said town,
by a plan or plat of record, shall be deemed and held to be
dedicated to public use, unless it appears by said record that
the street or alley so reserved ia designed for private use, but,
upon the petition of a majority of the persons interested
therein, the mayor and council shall have power to open the
same for the use of the public.

29. In every case where a street or sidewalk in said town
has been, or shall be encroached upon by any fence, building
or otherwise, the mayor and council may require the owner,
if known, and if unknown, the occupant of the premises so
encroaching, to remove the same, and if such removal be not
made within the time prescribed by the mayor and council,
they may impose a penalty of five dollars for each and every
day that it is allowed to continue thereafter, and may cause
the encroachment to be removed, and collect from the owner
all reasonable charges therefor, with costs by the same pro-
cess that they are hereafter empowered to collect taxes. No
encroachment upon any street, however long continued, shall
constitute an adverse possession to or confer any right upon
the person claiming thereunder as against the said town.

30. The mayor and council shall not take or use any pri-
vate property for streets, or other public purposes, without
making to the owner thereof just compensation for the same;
but in cases where the mayor and council cannot by agreement,
obtain title to the ground for such purposes, it shall be lawful
for the said mayor and council to apply to and obtain from
the circuit or county court of Rockbridge county authority
to condemn the same, which shall be applied for and pro-
ceeded with according to law: provided, however, that if the
damages shall exceed one thousand dollars, upon the motion
of any member of the council, or upon a petition signed by
at least twenty-five citizens, the question whether the voters
of the town will consent to be taxed for such compensation,
or the amount to be ascertained by the proceedings for such
condemnation, shall be submitted by the mayor and council
to the voters of the town; and for that purpose an election
shall be ordered by the mayor and council, which shall be
conducted in the manner authorized for every election, after
having given notice thereof, for two weeks, in some news-
paper published in said town. The said poll-books shall be
du a certified by the proper officers, and laid before the mayor
and council at their first meeting thereafter, and if it appears
by said poll-books that two-fifths of the votes cast at said
election are against said tax, the mayor and council shall not
take or condemn such land for streets or other purposes.

31. The mayor and council shall cause to be made up an-
nually, and entered upon its record, 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 the said mayor and council shall order a town
levy for so much money as, in their discretion, shall be suffi-
cient to meet all just demands against the corporation.

32. The levy so made, may be laid on all male persons who
are residents of said town, and over twenty-one years of age,
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 the state; and, also, upon all other

bjects within said town, as may at the time be assessed
with state taxes.

33. In all cases in which the laws of the state require a li-
cense to be taken out by any person engaged in the pursuit
of any business, trade, occupation or calling, or for any other
purpose, the said mayor and council shall have power to re-
quire a license to be taken out in all such cases for the bene-
fit of said town, before such person shall be permitted to pur-
sue such business, trade or occupation, or calling, within the
corporate limits of said town; and, in any case in which it
sees fit, require from the person licensed, bond, with sureties,
in such penalty, and with such conditions, as it may deem
proper, or make other regulations concerning the same; said
mayor and council may also grant or refuse license to owners
or Keepers of wagons or drays, carts, hacks, and other wheeled
carriages, kept or employed inesaid town for hire, or as car-
riers for the public, 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.
34. The revenue from these and other sources, shall be
collected, paid over, and accounted for, at such time, and to
such persons, as the mayor and council shall order.

35. The sergeant or town collector, who shall, from time
to time, be appointed under this act, shall, in addition to the
power conferred upon him in the other sections of this act,

ave and possess the same rights and power in the service
and return of all process, and the collection of all fines arising
under the authority of this act, or ot any by-law made as
aforesaid in pursuance hereof, as sheriffs and constables have
in similar cases, and be entitled to the same or like fees and
commissions as are allowed by law in such cases to sheriffs
or constables: provided, however, that the mayor and coun-
cil may, in their discretion, increase the said fees and com-
missions in order to insure prompt discharge of official duty.

36. In case any person shall neglect or refuse to pay, in
whole or in part, any tax lawfully levied upon him or her for
the benefit of said town, it shall be lawful for the officer ap-
pointed to collect such tax, to take reasonable distress of any
personal property in said town belonging to the said delin-
quent, or in which he or she shall have any right or interest,
and to sell the said property, right or interest at public sale
in said town, having given ten days’ notice of the time and

lace of sale by advertisement posted at the courthouse door
in said town; and out of the proceeds of such sale, after de-
fraying all proper expenses, to pay to the said town the
amount which shall be due on account of said tax, retufning
the balance (if any) to the owner of the property, right or
interest so sold.
- 37. In case any tax, levied on real estate for the benefit of
the town, shall not be paid in full within thirty days after
the same shall have been due, it shall and may be lawful for
the officer appointed to collect such tax, to take reasonable
distress of any personal property belonging to the owner of
said real estate, or in which such owner shall have any right
or interest, or of any personal property on the premises
taxed, belonging to any person in the possession or occupa-
tion thereof, or in which such person shall have any right or
interest, and to sell such property, right or interest, and ap-
ply the proceeds thereof in the manner prescribed in the last
section; and such officer shall have power to distrain any
personal estate which may be on the premises taxed, and the
same to sell and apply as aforesaid, notwithstanding such
personal estate may be included in any deed of trust, mort-
gage, bill of sale, or other writing. And the said town ser-
geant or collector shall have, in all other respects, the same
power as the collector of state taxes, to enforce the payment
and collection thereof.

38. All taxes, general or special, assessed upon any real
estate within said town, under this act, shall remain a lien
thereon from the commencement of the year for which they
were issued, bearing interest at the rate of ten per centum
per annum, from the day they are returned delinquent until
the same be fully paid’ and if the sergeant or collector shall
net have been able, with due diligence, to collect the said
taxes, in manner as herein directed, before the first of De-
cember of the year in which the same were assessed, he
shall, on that day, or at the first meeting of the mayor and
council thereafter, make return upon oath, before some jus-
tice of the peace or notary public, of the taxes so uncollected,
and the lands or lots on which said uncollected taxes were
levied; and thereupon, the said mayor and council shall have
power and authority to decree a sale of such delinquent lot
or land, or of so much thereof as may be necessary to pay
such arrears of taxes, and to defray all proper expenses at-
tending such sale; upon due notice having been given of such
sale by advertisement in some newspaper published in said
town, for four successive weeks, describing the land or lots
to be sold: which sale shall take place in front of the court-
house of said county, on the first day of some court of said
county, between the hours of eleven of the morning and four
of the evening.

39. In all cases in which any taxes assessed upon any real

estate, for the benefit of said town, shall be paid, in whole or
in part, by the tenant, out of his or her Property, he or she
shall be entitled to deduct the same out of the accruing rent,
or to recover the amount so paid from the owner of the said
real estate, unless it shall have been otherwige specially
agreed.
- 40. In order better to determine in the said town, under
this act, it is hereby declared that all persons liable to taxa-
tion as hereinbefore provided, and residing in said town, an-
nually, on the first day of February, shall be subject to taxa-
tion the then current year.

41. The town treasurer shall qualify before the mayor and
council, and give bond, with surety to be approved by it, in
@ penalty at Teast double the amount that will probably be
received by said treasurer as treasurer of the town. He shall
perform all the duties in regard to town taxes or levies for
the town, and be subject to all the penalties as are prescribed
for county treasurer in respect to the state revenue and county
levies so far as applicable, and not incousistent with this act.
All levies and taxes not paid to the said treasurer by the first
day of October, in each year, shall be by him placed in hands
of the town sergeant or collector, with ten per centum on the
amount thereof added; and the said treasurer shall take from
said sergeant or co)lector a receipt for said taxes or levies.
And the sergeant or collector shall, on or before the first day
of December, in each year, pay into the hands of the treasu-
rer all such levies and taxes by him collected in such year,
after deducting therefrom his commissions, and such list of
insolvents as he may produce: provided, however, that such
sergeant or collector shall not have credit for such insolvents
upon his settlement with the treasurer unless the same be
certified and allowed by the mayor and council, and be veri-
fied by the oath or affirmation of such sergeant or collector
. dents

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,

in the same manner as is prescribed for collectors of the pub-
lic revenue: and provided, moreover, that such sergeant shall
not be allowed to return any list of insolvents, or have any
credit therefor, after three months shall have elapsed from
the first day of October in each year: and provided further,
that the town treasurer, if he shall deem it necessary, may,
at any time before the first day of October, place in the hands
of the town sergeant or collector, for immediate collection,
any taxes or levics as aforesaid.

42. The said mayor and council shall have power and au-
thority to make all necessary provisions for preventing acci-

y fire; and for that purpose may provide for the erec-
tion of and keeping in repair as many fire-plugs as they may
think necessary; and for such extension, enlargement and
repair of the water works of said town, or any part of the
water works, as they may think useful and sufficient, for
suppressing fire and for supplying any part of said town

water for all necessary purposes, and to purchase en-
gines, hose, ladders, fire-hooks, and any other fixtures useful
or preventing accidents by fire, and to organize fire compa-
nies, and may make rules and regulations for the government
of the officers and men belonging to said company.

43. For the purpose of guarding against the calamities of
fire, the mayor and council may, from time to time, designate
such portions and parts of the town as they may deem pro-
per, within which no buildings of wood shall be erected;
they may prohibit the erection of wooden buildings in any
portion of the town without their permission; and shall, on
the petition of the owner or owners of at least one fourth of
the ground included in any one square of the town, prohibit
the erection in such square of any building, or addition to
any building, unless the outer walls thereof be made of brick
and mortar, or stone and mortar; and may provide for the
removal of any such building, or addition, which shall be
erected contrary to such prohibition, at the expense of the
builder or owner thereof; and if any such building shall have
been commenced before said petition can be acted on by the
eouncil, or if any building in progress of erection appears
clearly to be unsafe, the mayor and council shall cause such
building to be taken down.

44, The mayor and council shall, by ordinance, provide for

any irregular election not herein provided for, and appoint

the necessary officers to conduct the same.

45. The town of Lexington shall constitute a school dis-
trict, and the mayor and council shall levy a sufficient tax for
the purpose of supporting the public schools in said town.
The said town shall also have charge of all the roads and
streets within and for one mile baond the corporate limits;
and the mayor and council shall levy a sufficient tax to keep
the same in order, and may require the able bodied citizens
of said town, not exempt under the present general road law
of the state, to work upon the streets of said town, and the
roadways leading thereto, not exceeding four days in each
year, and may enforce such requirement by fines and penal-
ties against any such person failing to comply therewith ;
and the council, and the officer designated by the council for
the purpose, or any contractor whom the council may engage
to work said streets and roadways, (for which purpose au-
thority is hereby given to the council,) shall have the same R
rights and remedies for collecting and enforcing such fines j,
and penalties, aa are or may be conferred by law upon the f
townsbip or county officers of the state, for compelling the
able bodied citizens thereof to work upon the public roads;
and they shall not be liable to costs, in any proceeding, be-
fore a justice, for the recovery of such fines or penalties, un-
less the same be decided not to be due: provided, that nothing
in this section shall be construed to interfere with the obli-
gation, upon said town, of any contract heretofore made by
the proper authorities of Lexington township or Rockbridge
county, for working the roads of said township. And said 1
town, and the taxable persons and property therein, shall be ?
exempt and clear from the payment of any county or town- ¢
ship taxes levied for school or road purposes. "
6. Chapter fifty-four of the Code of eighteen hundred ¢
and seventy-three shall be applicable to the town of Lexing- :
ton, except in so far as the same is in conflict with this act. +
47. All the rights, privileges, and properties of the town
of Lexington, heretofore acquired and possessed, owned and j.,
enjoyed by any act now in force not in conflict with this act, %
sball continue undiminished and remain vested in said town,
under this act; and all laws, ordinances, and resolutions of I
the town of Lexington now in force and not inconsistent ¢
with this act shall be and continue in full force and effect, in
the town of Lexington, until regularly repeaied by the mayor
and council elected as provided under this act.
48. All acts and parts of acts in conflict with this act are E
hereby repealed. .
49. This act shall be in force from its passage. c