Chap. 155.—An ACT to amend and re-enact an act approved Novem-
ber 1st, 1870, and acts amendatory thereof, approved respectively
March 4th, 1871, and February 2d, 1880, providing a charter fur the
town of Front Royal.

Approved February 25, 1884.

1. Be it enacted by the general assembly of Virginia, That
the charter of the town of Front Royal, approv ed "November
first, elehteen hundred and seventy, and the amendments
thereto, approved March fourth, eighteen hundred and
seventy-one, and February two, eighteen hundred and eighty,
be amended and re-enacted, so that the charter of said town
shall hereatter be as follows:

2. The boundaries of said town shall be as follows: Bevin-
ning at the upper corner of Brent’s lot, ou Happy creek ;
thence down said creek to the lower end of Hope and
Haynes’ mill property, embracing the house and lot formerly
occupied by James T. Hope ; thence up the road leading into
the town by way of the old depot, the point where Peter
Harmer’s lot corners with William M. Buck’s land; thence
with said Buck's land around the back of said town to the
land running from Buck’s mill to and across the Winchester
turnpike; thence up west side of said turnpike to the corner
of Mrs, V William Bolling’s and Mrs. King’s lot, on the west
side of said turnpike; thence in a westerly direction with
their line to Limberger’s line; thence along the line between
Mrs. King’s and Limberger’s to the back of the Limberger
lot; thence in a southerly direction with the back line of
Limberger’s, Finstoe’s, and Ashby’s lots to a corner of the
woods in Ashby’s line, where there was formerly a gate on
the old road leading to Doctor J. N. Buck’s; thence in a
direct line to Ashby’s barn; thence in a southerly direction
with Ashby’s and Beecher’s linc to White Oak corner, to
Asbby’s, and Beecher’s, and Gardner’s ; thence in an easterly
direction with Beecher’s and Gardner’s line to the Luray
turnpike; thence across said turnpike to the corner of Clark's
and Gardner’s line; thence with their line to Brent’s and
Gardner’s line; thence with Brent’s back line to the begin-
ning on Happy creek.

3. The government of said town shall be vested in a coun-
cil of five electors of said town, to be chosen on the fourth
Thursday in May, eighteen hundred and eighty-four, and
every year thereatter, as provided by sections sixteen, seven-
teen, ecivhteen, nineteen, twenty, and twenty-one of chapter
fifty-four of the Code of eighteen hundred and seventy-three,
relating to government of towns.

4, The persons so elected, shall enter upon the duties of
their office on first day of July next succeeding their election,
and shall continue in office until their successors are elected
and qualified; but before entering upon the discharge of their
duties they shall take an oath faithfully to execute the duties
of their office to the best of their judgment. Any vacancies
occurring in the council shall be filled by the remaining mem-
bers of the council, by appointment of any one eligible to the
office.

5. The council from their own number shall choose a
president of the council, who shall be mayor of the town, and
who shall, upon his election, take the oath prescribed by law
for all state officers. They shall also choose one of their own
number to be a recorder, and another to be treasurer of the
town.

6. The council of said town is hereby empowered to make
such by-laws and ordinances not contrary to the laws and
constitution of this state or of the United States, as they
may deem necessary and proper for the security, improve-
ment, and good government of said town. Any person or
persons who shall violate any by-law or ordinance enacted
by said council in pursuance of the power hereby vested in
it, shall be subject to such fine as the council shall have
established for the violation of said by-law or ordinance, not
exceeding in any case the sum of twenty dollars for any one
offence; on failure to pay which fine and costs, the offending
party may be confined in the county jail not exceeding sixty
days, with the right of appeal, however, in all cases where
the fine exceeds ten dollars, upon giving security, to be
approved by the mayor, for amount of fine and costs. The
said council, in addition to the other powers granted by this
act and the general law of the state relating to towns, shall
have the power and authority to lay off, open, alter, or close
streets and alleys within the limits of said town, with the
right to condemn land for any streets or alleys, opened or
widened, or in any manner changed, and to condemn lands
for other town purposes, and assess the damages for land
condemned therefor, by a sworn commission of three free-
holders of said town; which commission, after notice to the
owner of the land or his agent, or if an infant, his guardian,
or if no owner, or agent, or guardian in said town or the
county of Warren, then by notice posted for ten days at three
public places in said town, shall go upon the land proposed
to be taken, and assess the damages therefor above any
peculiar benefits to said land owner, and make written report
of their proceedings to said council; and thereupon the said
land owner, agent, or guardian, if he reside within the said
town, or county of Warren, shall be summoned to appear
before said council, upon a day named, to show cause why
said report should not be confirmed, and said land taken for
the purposes of said town. Unless good cause be shown to
the contrary, said report shall be confirmed, and said land

may be taken; but the right of appeal to the county court of
Warren county is reserved to any land owner who feels him-
self ayyrieved on account of inadequacy of damages. Said
appeal shall be tried and determined by said county court
upon the evidence that may be produced by either party to
the appeal, reserving the right of appeal in any case where
the purty may feel himself aggrieved.

7. Whenever anything for which a state license is required
is to be done in said town, the council may require a town
license therefor, and may impose a tax thereon, for the
use of said town, but said license tax shall not be greater in
amount than that imposed by the state for the same business.
But no license to sell strong or spirituous liquors, wine, beer,
ale. or porter, or drinks of "like nature , Within said town, or
within two miles of the boundary thereof shall be granted
by the county court of Warren county, or any other author-
ity, unless the party applying therefor shall produce to such
court or authority the certificate of the council of said town
giving its consent to the granting of such license. The coun-
cil may require, from persons so licensed to sell strong or
spirituous liquor, and so forth, as above stated, a bond with
sutticient security, payable to said town, in such penalty and
with such conditions as it may think proper, and may, for
violations of the law governing the sale of ardent spirits, or
of the conditions of the bond hereinbefore provided for, of
which violation the council shall be sole judge on the evi-
dence, withdraw its certificate for such license; but before
doing so the council shall summon such party before it and
give him full opportunity to make bis defence, and thereupon
the license-granting power shall, upon the application of said
council, revoke such license.

8. The council of said town may, in its discretion, annually
levy a tax not exceeding thirty-five cents on the one hundred
dollars of the assessed value of real and personal property
within the town, and also a poll-tax of not exceeding fiftv cents
on each male inhabitant over twenty-one years; all of which
taxes, a8 well as the license tuxes and fines, 8 shall be expended
by said council as to it shall seem beneticial for the town:
provided however, a tax of more than thirty-five cents on the
one hundred dollars’ assessed value of the real and personal
property of said town may be levied by the council if deemed
desirable by it, and two-thirds of the electors of said town
shall declare in tavor of the same, after the matter shall have
been submitted to a vote of the town, upon a resolution of
the council setting out the purposes of the additional tax and
the amount thereof; the manner in which the vote is to be
taken to be determined by the council.

9. The council shall meet upon call of the mayor, or any
two members of the council, and shall keep a full record of its
proceedings, in which shall be entered, at the request of any
member, the names of those voting tor and against any pro-
position. The proceedings of each meeting of the council
shall be signed by the person presiding at the time such
meeting is held, and said proceedings shall be read to the
council at its next meeting. The said council shall keep a
full and correct record of all taxes. licenses, and fines col-
lected in each year, and also a full and correct. record
of all sums paid out during the year, showing the amount
of each item paid, and on what account. A copy of this
account of receipts and disbursements, certified by the re-
corder, shall, at the end of each year, be posted at two pub-
lic places in the town, or inserted once in some newspaper
published in said town. Every ordinance of said town, the
violation of which subjects the violator to the payment of a
fine, shall be published at least once, cither by being posted
at two public places within the town, or by insertion in some
newspaper published in said town. The records of said coun-
cil shall be open to the inspection of any elector of said town
on his reasonable request.

10. The mayor shall be the chief officer of said town; shall,
when present, preside at all meetings of the council: sball
see that the by-laws and ordinances of the town are executed
and enforced; shall have all the powers of justice of the
peace tor enforcing the provisions of this act, and shall have
concurrent jurisdiction with justices of the peace in all mis-
demeanors and penal offences under the state laws occurring
within the limits of said town, and within two miles thereof;
and not covered by the by-laws and ordinances of said town.
The mayor, on information, or knowledge of any violations
of a town ordinance or by-law, shall cause the supposed
violator to be summoned to appear before bim at a time and
place named in the summons to answer the charge; but in
the case of drunkenness, disorderly conduct, or breach of the
peace, he may cause the party so offending to be arrested and
brought before him to answer the charge. When the sum-
mons is returned executed, or the party arrested is brought
before him, be shall hearand determine the matter according
to the evidence. The fees of the mayor shall be the same as
allowed to justices of the peace for same services, and shall
be taxed and collected as a part of the costs, to be paid by
the accused if convicted; but if he be not convicted, then if
found to be proper, to be allowed and paid him by the council.

11. The recorder shall keep a journal of the proceedings
of the council, be the custodian of the books and papers of
the council, and shall perform such other duties pertaining to
the office of recorder as may be required of him by the coun-
cil; and in his absence or disability of the mayor, shall be
invested with his powers. H[e shall -receive for his services
as recorder such compensation as the council may deem
reasonable.

12. The treasurer shall have charge of all moneys belonging
to said town, and shall pay out the same, after directed by
the council, upon the order of the mayor, countersigned by
the recorder, and not otherwise. Upon his appointment, he
shall execute bond, payable to the corporation of Front Royal.
to huithfully perform his duty, and honestly account for all
money coming into his hands: ‘said bond to be in the penalty
of not less than fifteen hundred dollars, and in no case more
than double the amount coming into his hands, with sureties
acceptable to the council. For any default or hability on the
part of the treasurer, the council, in the corporate name ot
said town, may, on motion, after ten days’ notice to said
treasurer or personal representative, his bondsman or per-
sonal representative, obtain judgment and execution betore
the county or circuit court of Warren county tor the amount
of said defhult or liability, with interest.

13. There shall be elected for said town, from amone the
electors thereof, a town sergeant, who shall be chosen at- the
same time. and inthe same manner, and for the same term
as the council of said town, The sergeant shall be the collee-
tor of the town taxes, fines, levies, and licenses; and after
thirtv days from the time of receiving the tax and license
tickets, he may distrain and levy therefor in the same man-
neras fhe county treasurer may do in the collection of state
taxes. For the purpose of carrying into effect this act. the
sergeant of said town shall, within the limits of the town and
within two miles thereof) have all the powers of a constable,
and tor like services shall receive the same tees as a consta-
ble. Said sergeant shall perform such other duties as may be
required of him by the council. In addition to the tees here-
inbetore provided tor, said sergeant shall receive such com-
pensation as the council may allow. Before entering upon
the duties of his office, said sergeant shall take an oath taith-
fully to pertorm his duty, and shall enter into a bond, with
suflicient surety, to be approved by the council, payable to
sald town, ina penalty of not less than fifteen hundred dollars,
and in no case more than double the amount to come into his
hands. with conditions to honestly account for all moneys
coming into his hands, and for the faithful discharge of his
er

duty. For any default or liability on the part of said ser-
geant, the council, in the corporate name of said town, may
obtain judgment and execution upon said bond in the same
manner as is herein provided tor obtaining judgment and
execution on the bond of the treasurer of said town. If at
any time there should be a vacancy in the ottice of sergeant,
the same shall be filled by the council trom the electors of
the town.

14. So long as the said town shall, at its own expense,
keep its streets in good order. it shall be exempt from all labor
and tax for county road purposes.

15. For gross neglect of duty by anv officer of the town
he may be removed trom his office by the said council; and
in case of vacancy in the office of mayor, recorder, or treas-
urer, the same shall be filled by the council from the other
members ot the body. No councilman shall vote in any mat-
ter where he is personally concerned.

16. The corporate name of said town shall be the town of
Front Royal, and all processes shall be in the corporate name
of said town, and by said corporate name said town may sue
and be sued.

17. Copies from the record books of said town, duly certi-
fied by the recorder of said town, shall be received as evi-
dence for any purpose for which the original could be received,
and with as much effect.

18. This act shall be in force from its passage. and all acts
and parts of acts in conflict therewith, are hereby repealed.