CHAP. 28.—An ACT to incorporate the town of Herndon, in the
county of Fairfax.

Approved January 14, 1879.

1. Be it enacted by the general assembly of Virginia, That
the following-described territory, in the county of Fairfax, shall
be and the same is hereby declared a town corporate, under the
name and style of the Town of Herndon, and by that name and
style shall have and exercise the powers he.einafter granted.

2. The government of said town shall be vested in a council
of seven, to be chosen annually, by ballot, on the fourth
Thursday of May in each year. Any person entitled to vote
in the county of Fairfax, and residing within the corporate
limits of the town of Herndon, shall be entitled to vote at all
elections under said act of incorporation. The mayor shall
appoint two members of the council, who, with the clerk of the
council, shall hold said election between the hours of one in
the afternoon and sunset, and they shall decide any contest in
reference to the right to vote of any individual, and shall count
the ballots. In case it is impossible to decide the seven who
have the highest number of votes, by reason of a tie, the said
clerk shall decide, in the presence of the two councilmen afore-
said, by lot. Said clerk shall immediately thereafter make out
and deliver to each one of the councilmen elected a certificate
of his election.

3. Said councilmen shall meet on the first week day of July
following, and organize by choosing, by ballot, a mayor from
their own body. Said officers shall hold their respective offices
for one year, or until their successors have been elected and
qualified. Said officers shall qualify by taking the oath of
office before the clerk, or other person authorized to administer
1 oaths; and they may be removed from office by a unanimous
vote of the council on proof of misdemeanor. All the officers
of the corporation shall serve without compensation, except as

- hereinafter provided. Said council shall appoint its own time

of meeting. Five members shall constitute a quorum; and

any vacancy among any of the officers of the corporation shall
be filled by the said council.

4. The mayor shall be the presiding officer of the council,
but shall have no vote except in case of a tie; and shall have
jurisdiction and authority of a justice of the peace of Fairfax
county within the corporate limits of said town.

5. In addition to the above named officers, there shall be
elected annually, by the qualified voters of said town, a clerk
and town sergeant, ‘The clerk shall keep a correct record of
all the proveedings of the council; shall provide the books and
stationery therefor; make out the certificates of election; shall
make out a list of property to be assessed, real and personal,
within the corporation, and assess the same according to the
best information obtained by him; and shall issue tickets for
the taxes voted by the council, which tickets he shall deliver to
the sergeant when ordered by the council, and shall have power
to administer the oath of office to any of the town officers ;
n and for said services he shall be allowed annually a certain

sum to be named by the council, not to excced one hundred

- dollars. The sergeant shall collect the taxes voted by the
council, for which he shall be allowed two and one-half per
centum for collecting and paying out the same. Le shall have
the power and authority of any constable or collector in Fair-
fax county, and shall be entitled to the same fees. He shall
pay out the money of the town in his hands on the warrant of
the mayor and clerk, certifying that it is done by order of the

es council. le shall perform all the duties of overseer of roads
and streets within the corporation, in accordance with the laws
of Virginia, and for this purpose the town of [lerndon is hereby
declared to be one of the road districts of the judicial district
of Drainesville. Nou road tax shall be assessed upon the pro-
gperty within the corporation except by the council aforesaid,

‘ad which road tax shall be expended upon the roads and streets of
said town by the sergeant aforesaid, under the direction of the

n gouncil. For his services as overseer of said roads and streets,
he shall be entitled to the same compensation allowed by law
to overseers of roads. Said council and sergeant shall have
all the powers and perforin all the duties belonging to over-
seers of roads under the general road law. The sergeant shall,
before he enters upon the duties of his office, execute a bond
for the faithful performance of his duties, which bond shall be
approved by the council and filed with the clerk.

6. The council shall have power to mark accurately the
bounds of existing streets, to lay off new streets, alleys and
sidewalks ; to regulate or prohibit the running at large of ani-
mals; to provide for order and quiet, and the observance of
the Sabbath within the corporation ; to provide and protect shade
trees; to establish a fire department with suitable and neces-

Lom]

ed
sary conveniences; to regulate in reference to contagious dis-
eases; to pass ordinances to carry into effect the object of this
incorporation and to punish the violation of the same by fine
and imprisonment: provided further, that private property for
public use may be taken in the. manner now provided for by
law, and for that purpose the mayor’s court of said town shall
have the same jurisdiction for the condemning of land for
streets of said town as the county court has for condemning
land for roads in the county.

7. The council may annually levy a tax for roads and corpora-
tion purposes, which on no property shall exceed fifty cents on
the hundred dollars valuation, except that on a petition of two-
thirds of the freeholders within the corporation, the council
may levy a corporation fax, not to exceed the amount named
in said petition.

8. That any person applying to the county of Fairfax, or the
county of Loudoun, for a license to sell liquors of any kind,
either as keeper of an ordinary or eating-house, or as mer-
chant, within the corporate limits of the town of Herndon, in
Fairfax county, or within one mile of the limits of said cor-
poration, shall produce before the courts of said counties a
certificate of the council of said town, to’ the effect that the
applicant is a suitable person, and that no good reason is known
to said council why said license should not be granted. And
the courts of said counties shall not grant any license to sell
liquors within the limits above prescribed until and unless sach
certificate be given.

9. The following are hereby declared to be the bounds of the
said town of Herndon: beginning at the southwest corner of Wil-
liam Urich’s farm, on the county road, and running thence
southeasterly on the line between Urich and Coleman; also, on
the line between Williams’ abd the Webster farm, and across
the lands of C. EH. Bliss to the Thornton tract; thence with
the Thornton line between Bliss and Thornton, Saul and Thorn-
ton, J. H. Barker and Thornton, to the corner of Gunnell farm ;
thence between J. H. Barker and Gunnell te the corner of
Mistress Milly Barker’s land; thence between Mistress Barker
and Gunnell to the corner of Vandeusen’s land; thence along
Vandeuson’s line northwesterly to Folly Lick ; thence up Folly
Lick to the southeast corner of Horace Paine’s land; thence
northwesterly between Paine and Orrison, and Paine and Car-
per, to the line of Loudoun county; thence westerly with the
Loudoun county line to a point in line with the northwesterly
line of Benjamin Caywood’s farm; thence southwesterly on a
line of Caywood to the southwest corner of Laonhardt's farm ;
thence southeasterly with Laonhardt’s line to the county road;
thence to the place of beginning.

10. Isaiah Bready, Ancel Saint John, William Urich, Ste-
phen Killam, William D. Sweetser, Lawrence Hindle, and C.
H. Hathaway, are hereby declared and appointed councilmen.
and H. W. Blanchard as clerk, and C, M. Burton as sergeant
of said town, and may qualify before any magistrate in the
county, and thereupon they shall constitute, until the first week-
day in July, eighteen hundred and seventy-nine, the council of
said town of Herndon, and as such may organize and perform
all the duties of said council.

11, This act shall be in force from its passage.

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