Chap. 156.—An ACT amending chapter 271, Acts 1879-80, incorpo-
rating the town of Middletown, of the county of Frederick.

Approved February 21, 1882.

1. Be it enacted by the general assembly of Virginia, That
sections first, second, fourth, fifth, sixth, seventh, eighth,
ninth, and tenth of chapter two hundred and seventy-one,
Acts eighteen and seventy-nine-eighty, incorporating the
town of Middletown, in the county of Frederick, be amended
and re-enacted so as to read as follows:

§ 1. Be it enacted by the general assembly of Virginia,
That the village of Middletown, in the county of Frederick,
as the same is now, or may hereafter be laid off into lots,
streets, or alleys, shall be, and the same is hereby made a
town corporate by the name of Middletown, and shall have
and exercise the powers granted by, and be subject to the
provisions of the fifty-fourth chapter of the Code of Vir-
ginia, eighteen hundred and seventy-three, so far as the same
18 not inconsistent with this act.

§ 2. Its government shall be vested in a council of six of
its resident electors (and a mayor, also a resident elector, who
shall be elected by ballot, as mayor of the town, by the
legally qualified electors of the town). The mayor and coun-
cil shall be chosen annually, on the fourth Thursday of May,
by the legally qualified electors of the town, whose ballots
shall be received and deposited in a suitable box prepared
therefor, and their votes recorded by two members of the
council, or two citizens designated by the council for the pur-
pose, or by one citizen and one councilman, to be duly sworn

y the mayor of the town to fairly conduct said election ;
said election to be held at the same place and hours for holding
other elections. The six persons for councilmen, and the candi-
date for mayor, who shall receivethe highest number of votes,
shall be declared by said conductors to be elected; and in the
case of one or more other persons having received votes to
tie any of the councilmen or the mayor, the said conductors
shall decide said tie votes by lot, to be cast as they shall
mutually agree.

§3. The mayor and council-elect shall mect on the first
week day of July following, when the mayor shall then and
there take the oath of office in the presence of the council,
and shall next administer the oath to the other members of
the council. They shall hold office for one year or until.their
successors have been elected and qualified. The mayor shall
be ex-officio a justice of the peace of Frederick county, and
shall be charged specially with the power and jurisdiction to
enforce the ordinances and by-laws of said town, shall
receive as compensation therefor the same fees now allowed
by law for such services rendered by magistrates, and the fees
shall be added to the cost and collected from the parties caus-
ing said costs. The council shall receive as compensation the
same fees as magistrates, when they are required to do the
same service, the same to be added to costs and collected from
the parties causing such costs: provided, however, that no
charge or fees shall be allowed for decisions in regard to stock
or animals that are found trespassing, unless such trespass be
proven to be a willful act of the owner of said stock. No
other or further compensation whatever, shall be allowed to
mayor or council. Five members shall constitute a quorum
for transacting any business whatever. Any vacancy occur-
ing in the board, shall be filled by the board. They shall
appoint their times of meeting: provided that the mayor, or
any three members may call a meeting. The mayor shall
have no vote save in the case of a tie, when he shall give a
deciding vote. In the absence of the mayor, at any meeting,
a quorum may elect a mayor pro tempore, and should said
office be vacated, shall immediately elect another from a full
board.

§4. The council shall have power to mark accurately the
bounds, and give names to existing streets and alleys; to
improve the same and the sidewalks, ard open and con-
struct new ones; to regulate or prohibit the running at large
of any and all animals; to provide for order and quiet and
the observance of the Sabbath; to provide and protect shade
trees ; to establish, regulate,and control a suitable fire depart-
ment; to make sanitary regulations in reference to conta-
gious and other diseases ; to cause the removal, and prevent
the creation of public or local nuisances, of whatever kind;
to prevent the granting of licenses to sell intoxicating liquors
within its jurisdiction; to pass ordinances and by-laws to
carry into effect these and other salutary measures requisite
for the well being of the town, and to punish the violation
of the same by fine and imprisonment, to which end there
shall vest in the mayor the power and authority of a justice
of the peace; and the jurisdiction of the mayor and council
shall extend, in all matters of concern to the corporation, one
mile beyond its limits, and the said corporation shall have
the use of the county jail.

§5. The council may annually levy a tax, for corporation
purposes, on the real and personal property within its bounds,
not to exceed fifty cents on the one hundred dollars: pro-
vided, that a petition by two-thirds of the freeholdera within
the corporation, may designate the rate of such levy. The
council may also levy a capitation tax not to exceed fifty
cents, on all males over twenty-one years of age, They may
also levy a dog tax, and all other taxes, as empowered by the
fifty-fourth chapter of Code of eighteen hundred and seventy-
three.

§6. The corporation shall elect a clerk, who shall also act
as sergeant of the corporation, at the same time and in the
same manner as the other officers are elected. He shall keepa
correct record of all its proceedings; shall provide the requi-
site books and stationary; shall make out a list of property
to be assessed, and shall assess the same; shall issue ticketa
for the taxes voted by the council and collect the same; shall
have the power and authority of a constable to enforce such
collections by distraint. He shall be duly sworn by- the
mayor to the faithful fulfilment of his duties, and shall give rea
sonable security for the safe-keeping and deposit of the money
of the corporation as the council shall direct said deposit
He shall serve such processes as may be issued by the mayor
and make arrests. His services shall be justly and reason
ably compensated as the council may direct. :

§7. The funds of the corporation may be disbursed by th
sergeant, or deposited, only on an order passed by the coun
cil, and signed by the mayor, and of record in its pre
ceedings. |
§ 8. he council may, from time to time, employ a compe
tent man as commissioner of streets, who shall superinten
and direct any work ordered by it, and shall have power 1
employ hands and contract for materials, in all cases givin
preference to citizens living in the corporation, if just to d
so. He shall give such persons certificates of amounts du

Google
them, to be presented to council for supervision and settle-
ment. For his services he shall receive such compensation
as the council may justly direct.

§ 9. The corporation will take charge of the following
county roads, to which end it is hereby made one of the
road precincts in Opequon district, namely, Middleton road
precinct: First, Buck’s ford road, as far as the Warren county
line ; second, Germany (alias nn road, as far as the Hite
road, leading to Meadow mills; third, Chapel road, east as
far as Warren line; fourth, Chapel road, west as far as the
west corner of D. J. Miller’s farm, which are all the roads
leading into the town, and aggregate about six miles. It is
provided that all persons residing on said roads, or nearer to
these than to other county roads, shall assist in workin
them as belonging to the precinct force; that the conned
shall appoint one or more superintendents, who shall take
charge of and keep said roads in repair according to the road
laws now or hereafter in force, receiving his or their pay for
services and outlays from the county, as do the surveyors or
superintendents of other precincts; and that said road pre-
cinct shall embrace the roadway of the streets of the town,
excepting the main street, for all purposes of repair.

§ 10. The following are hereby declared to be the bounds
of said town; it is provided, however, that the improvement
by building of any grounds adjacent and outside of said
bounds shall be included in the corporation, at the will of
the council, and with the consent of the land owner: Both
sides of the main street, beginning at the Valley turnpike
toll-house property, on west side, and C. E. Sperry’s on east
side, and extending southwest to the property of Isaac
Rhodes, on both sides of said street, and including all said
properties ; both sides of west back street, beginning at the
property of E. C. Riding’s, on east side, and Doctor David-
son's on west side, and extending southwest to the end of
the original plan of said town, in the property of Isaac
Rhodes, on a line with the ending of Main street, as above,
including all of E. C. Riding’s property and Doctor David-
son’s residence, and so’ forth, to the alley west ; both sides of
east back street, beginning at the property of J. 8. Guyer,
and including the same, on the east side, and A. Jenkins, on
west corner, and extending southwest, to embrace the resi-
dence and grounds thereof of A. N. Bragg, the several cross
streets as are now open or hereafter opened, and the alleys
parallel with the first-named three streets, all as per original
plan of town. :

2. This act shall be in force from its passage.
Chap. 156.—An ACT amending chapter 271, Acts 1879-80, incorpo-
rating the town of Middletown, of the county of Frederick.

Approved February 21, 1882.

1. Be it enacted by the general assembly of Virginia, That
sections first, second, fourth, fifth, sixth, seventh, eighth,
ninth, and tenth of chapter two hundred and seventy-one,
Acts eighteen and seventy-nine-eighty, incorporating the
town of Middletown, in the county of Frederick, be amended
and re-enacted so as to read as follows:

§ 1. Be it enacted by the general assembly of Virginia,
That the village of Middletown, in the county of Frederick,
as the same is now, or may hereafter be laid off into lots,
streets, or alleys, shall be, and the same is hereby made a
town corporate by the name of Middletown, and shall have
and exercise the powers granted by, and be subject to the
provisions of the fifty-fourth chapter of the Code of Vir-
ginia, eighteen hundred and seventy-three, so far as the same
18 not inconsistent with this act.

§ 2. Its government shall be vested in a council of six of
its resident electors (and a mayor, also a resident elector, who
shall be elected by ballot, as mayor of the town, by the
legally qualified electors of the town). The mayor and coun-
cil shall be chosen annually, on the fourth Thursday of May,
by the legally qualified electors of the town, whose ballots
shall be received and deposited in a suitable box prepared
therefor, and their votes recorded by two members of the
council, or two citizens designated by the council for the pur-
pose, or by one citizen and one councilman, to be duly sworn

y the mayor of the town to fairly conduct said election ;
said election to be held at the same place and hours for holding
other elections. The six persons for councilmen, and the candi-
date for mayor, who shall receivethe highest number of votes,
shall be declared by said conductors to be elected; and in the
case of one or more other persons having received votes to
tie any of the councilmen or the mayor, the said conductors
shall decide said tie votes by lot, to be cast as they shall
mutually agree.

§3. The mayor and council-elect shall mect on the first
week day of July following, when the mayor shall then and
there take the oath of office in the presence of the council,
and shall next administer the oath to the other members of
the council. They shall hold office for one year or until.their
successors have been elected and qualified. The mayor shall
be ex-officio a justice of the peace of Frederick county, and
shall be charged specially with the power and jurisdiction to
enforce the ordinances and by-laws of said town, shall
receive as compensation therefor the same fees now allowed
by law for such services rendered by magistrates, and the fees
shall be added to the cost and collected from the parties caus-
ing said costs. The council shall receive as compensation the
same fees as magistrates, when they are required to do the
same service, the same to be added to costs and collected from
the parties causing such costs: provided, however, that no
charge or fees shall be allowed for decisions in regard to stock
or animals that are found trespassing, unless such trespass be
proven to be a willful act of the owner of said stock. No
other or further compensation whatever, shall be allowed to
mayor or council. Five members shall constitute a quorum
for transacting any business whatever. Any vacancy occur-
ing in the board, shall be filled by the board. They shall
appoint their times of meeting: provided that the mayor, or
any three members may call a meeting. The mayor shall
have no vote save in the case of a tie, when he shall give a
deciding vote. In the absence of the mayor, at any meeting,
a quorum may elect a mayor pro tempore, and should said
office be vacated, shall immediately elect another from a full
board.

§4. The council shall have power to mark accurately the
bounds, and give names to existing streets and alleys; to
improve the same and the sidewalks, ard open and con-
struct new ones; to regulate or prohibit the running at large
of any and all animals; to provide for order and quiet and
the observance of the Sabbath; to provide and protect shade
trees ; to establish, regulate,and control a suitable fire depart-
ment; to make sanitary regulations in reference to conta-
gious and other diseases ; to cause the removal, and prevent
the creation of public or local nuisances, of whatever kind;
to prevent the granting of licenses to sell intoxicating liquors
within its jurisdiction; to pass ordinances and by-laws to
carry into effect these and other salutary measures requisite
for the well being of the town, and to punish the violation
of the same by fine and imprisonment, to which end there
shall vest in the mayor the power and authority of a justice
of the peace; and the jurisdiction of the mayor and council
shall extend, in all matters of concern to the corporation, one
mile beyond its limits, and the said corporation shall have
the use of the county jail.

§5. The council may annually levy a tax, for corporation
purposes, on the real and personal property within its bounds,
not to exceed fifty cents on the one hundred dollars: pro-
vided, that a petition by two-thirds of the freeholdera within
the corporation, may designate the rate of such levy. The
council may also levy a capitation tax not to exceed fifty
cents, on all males over twenty-one years of age, They may
also levy a dog tax, and all other taxes, as empowered by the
fifty-fourth chapter of Code of eighteen hundred and seventy-
three.

§6. The corporation shall elect a clerk, who shall also act
as sergeant of the corporation, at the same time and in the
same manner as the other officers are elected. He shall keepa
correct record of all its proceedings; shall provide the requi-
site books and stationary; shall make out a list of property
to be assessed, and shall assess the same; shall issue ticketa
for the taxes voted by the council and collect the same; shall
have the power and authority of a constable to enforce such
collections by distraint. He shall be duly sworn by- the
mayor to the faithful fulfilment of his duties, and shall give rea
sonable security for the safe-keeping and deposit of the money
of the corporation as the council shall direct said deposit
He shall serve such processes as may be issued by the mayor
and make arrests. His services shall be justly and reason
ably compensated as the council may direct. :

§7. The funds of the corporation may be disbursed by th
sergeant, or deposited, only on an order passed by the coun
cil, and signed by the mayor, and of record in its pre
ceedings. |
§ 8. he council may, from time to time, employ a compe
tent man as commissioner of streets, who shall superinten
and direct any work ordered by it, and shall have power 1
employ hands and contract for materials, in all cases givin
preference to citizens living in the corporation, if just to d
so. He shall give such persons certificates of amounts du

Google
them, to be presented to council for supervision and settle-
ment. For his services he shall receive such compensation
as the council may justly direct.

§ 9. The corporation will take charge of the following
county roads, to which end it is hereby made one of the
road precincts in Opequon district, namely, Middleton road
precinct: First, Buck’s ford road, as far as the Warren county
line ; second, Germany (alias nn road, as far as the Hite
road, leading to Meadow mills; third, Chapel road, east as
far as Warren line; fourth, Chapel road, west as far as the
west corner of D. J. Miller’s farm, which are all the roads
leading into the town, and aggregate about six miles. It is
provided that all persons residing on said roads, or nearer to
these than to other county roads, shall assist in workin
them as belonging to the precinct force; that the conned
shall appoint one or more superintendents, who shall take
charge of and keep said roads in repair according to the road
laws now or hereafter in force, receiving his or their pay for
services and outlays from the county, as do the surveyors or
superintendents of other precincts; and that said road pre-
cinct shall embrace the roadway of the streets of the town,
excepting the main street, for all purposes of repair.

§ 10. The following are hereby declared to be the bounds
of said town; it is provided, however, that the improvement
by building of any grounds adjacent and outside of said
bounds shall be included in the corporation, at the will of
the council, and with the consent of the land owner: Both
sides of the main street, beginning at the Valley turnpike
toll-house property, on west side, and C. E. Sperry’s on east
side, and extending southwest to the property of Isaac
Rhodes, on both sides of said street, and including all said
properties ; both sides of west back street, beginning at the
property of E. C. Riding’s, on east side, and Doctor David-
son's on west side, and extending southwest to the end of
the original plan of said town, in the property of Isaac
Rhodes, on a line with the ending of Main street, as above,
including all of E. C. Riding’s property and Doctor David-
son’s residence, and so’ forth, to the alley west ; both sides of
east back street, beginning at the property of J. 8. Guyer,
and including the same, on the east side, and A. Jenkins, on
west corner, and extending southwest, to embrace the resi-
dence and grounds thereof of A. N. Bragg, the several cross
streets as are now open or hereafter opened, and the alleys
parallel with the first-named three streets, all as per original
plan of town. :

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