Chap. 141.—An ACT to incorporate the town of Mount Jackson, in the
county of Shenandoah.

Approved February 18, 1888.

1, Be it enacted by the general assembly of Virginia, That |
the territory contained within the following limits, namely:
commencing at Maphis’ dam in mill creek, and running with
said creek in a easterly direction to its junction with the
north branch of Shenandoah river; thence northerly with
said river to the public road, but not including the same;
thence westerly with said road to the Valley turnpike, and
crossing the same; the same course continued six hundred
yards to a point in John C. Ruby’s land; thence in a northerly
direction to the beginning, shall be deemed and taken as the
town of Mount Jackson, in the county of Shenandoah, and
said town as above laid off, and as may hereafter be extended,
shall continue to be a body politic under the name of the cor-
poration of Mount Jackson, and as such shall have, exercise, |
and enjoy all the rights, immunities, pogerss and privileges, |
and be subject to all the duties and obligations as towns
incorporated under the general law for the incorporation of
towns of less than five thousand inhabitants, except as other-
wise povided by this act.

2. If there be any doubt as to the precise powers of the |
municipal authorities under the general law of incorporation,
the enumeration of special powers in this act shall not be
understood to exclude those not otherwise enumerated.

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3. The government of said town shall be vested in a mayor
and six councilmen, who shall be elected biennially on the
fourth Thursday in May, by the qualified voters of said town,
and any person shall be a qualified voter who is qualified to
vote for members of the general assembly and has resided
within the corporate limits of said town for three months
next preceding the day of election. The mayor and council-
men shall hold office for a term of two years and until their
successors are duly elected and qualified.

4. The mayor shall appoint three persons electors of said
town, two of whom shall be the judges, and the third the
clerk of all elections to be held within one year from their
appointment. If in any election any uncertainty arises as
to who has been elected in consequence of a tie or otherwise,
the clerk, in the presence of the judges, shall decide by lot
from those that have received the highest number of votes
cast in such election.

5. The said council shall judge of the election, qualifica-

" tion, and return of its own members. Whenever, from any

cause, a vacancy shall occur in the office of mayor or coun-
cilman, the same shall be filled by the council at its next
regular meeting. The mayor and councilmen shall compose
the council of said town. They shall meet on the first week
day in July next following their election, and after having
taken the proper oath of office (which oath may be adminis.
tered to the mayor by any one authorized under the laws of
Virginia to administer oaths, and by said mayor may be
administered to the councilmen,) they shall proceed to
appoint from their own body a clerk, and from their own
body or from the electors of said town, a sergeant who shall
hold their offices for the same term as the council, unless
sooner removed by said council. Said council shall have
power to appoint any additional officers that in their judg-

ment may be necessary for the convenient and judicious gov-

- ernment of said town. The said council shall have power

to prescribe the duties and compensation of all officers

‘appointed by them, and to require of them bond, with

approved security, for the faithful performance of the duties
of their respective offices, and to fine or remove them trom
office for failure to perform the duties prescribed.

6. The mayor and councilmen, individually or collectively,
shall be invested with all the powers of justices of the peace
within said town and one mile beyond, except in civil mat-
ters. They shall have power to issue process, hear and
determine all prosecutions arising under the by-laws and
ordinances of said town, and issue executions, saving to par-

peal ties the right of appeal to the county court of Shenandoah

county in all cases where the fine imposed shall exceed ten
dollars. They may commit to the jail of said county any
person fined under the said by-laws, until the fine imposed is

. paid, or such person is discharged according to law, or as
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punishment for misdemeanor, not exceeding thirty days, or
compel such person to work on the streets and public build-
ings not exceeding thirty days. The sergeant shall have all |
the powers of a constable within said corporate limits and
one mile beyond, and any person violating any ordinance of
said town and escaping before being arrested and examined,

may by said sergeant be arrested any where in Shenandoah

county within one year from such violation. The collector
may distrain for taxes and fines and for that purpose shall
be invested with all the powers of a sheriff or constable.
Taxes uncollected by the time prescribed by the council,
shall be returned to said council and shall be a lien upon real
estate as taxes for state purposes are under the provisions of
the law relating thereto. ;

. 7. When any business is conducted in said town for which
the state levies a tax or requires a license, the council may
require a license therefor and levy a tax not exceeding that
levied by the state; and it shall be lawful for said council to
levy and collect a tax on all property of whatever kind |
located within said corporate limits, whether such property
be owned by private individuals or by corporations, upon

which a tax is collected for county or state purposes. Said

council shall be permitted to send their paupers to Beckford.
parish, and shall pay for their support there what is ascer-

tained to be the average cost to the county of supporting

them there as per the annual report of the superintendent of
said parish.

8. Said council shall have power to prohibit the running
at large of any kind of animals within the corporate limits of
said town, and within the said limits may regulate, by appro-
priate legislation, the rate of speed of horses and vehicles and |
railroad trains, and may enforce the ordinances adopted in '
relation thereto by fines, which fines may be collected by
summary process issued by the mayor.

9. The said council shall-have power and authority to
make all necessary provisions to prevent accidents by fire,
and to purchase engines, hose, firehooks, ladders, and other
fixtures useful for preventing accidents by fire, and to organ-
ize fire companies. The councilmen of said town shall also’
have power and authority to negotiate any loan or loans for
the purpose of buying necessary real estate, and for the
erecting of public buildings, and for the general improve-
ment of the said town; and shall also have authority to issue
registered or coupon bonds for said loan, payable at not more
than twenty years after date of said bonds, bearing interest
at a rate not greater than six per centum per annum, paya-
ble annually: provided the said loan shall be sanctioned by
a two-thirds vote of the property-holders of said town.

10. They shall also have power and authority to condemn,
sell, and convey property belonging 1o the corporation, for
the purpose of grading and paving, and in any other manner
improving the streets, sidewalks, and alleys of said town; to
prevent and punish, by reasonable fines, the practice of firing
guns or pistols, or in any manner setting fire to powder, and
of all else detrimental to the peace and quiet of said town;
: to license and regulate shows and other public exhibitions
within the corporate limits, or within one mile thereof, and
generally to pass all by-laws and ordinances not contrary to
the laws of this state, which the said council may think
necessary and proper for carrying into effect the foregoing
powers, or such as may hereafter be vested in them, and to
enforce such by-laws under penalties not exceeding twenty
dollars for each offence, to be recovered, with costs, in the
name of the corporation, as hereinbefore provided.

11. That the said council shall have power and authority,
whenever they deem it expedient, to have the sidewalks and
gutters along any street or alley within said town, of such
width as they may prescribe, properly paved, or otherwise
suitably improved and repaired and altered, whenever they
may think fit, at the proper cost and expense of the owners
or occupants of the lands or lots along the fronts or side of
which such footways, sidewalks, or other improvements
extend; and to levy and collect for that purpose, a special
tax on each of such lots or pieces of land proportioned to
the number of feet of the same fronting on such pavement
or other improvement; which special tax shall be collected
by the sergeant of said town, as other taxes on real estate
within the said town are herein directed to be collected: pro-
vided however, that before any owner or occupant of any
land or lot shall be required to make any such pavement or
other improvement at his own. proper cost and expense, or a
tax shall be levied upon the same for that purpose, there
shall be on such land or lot fronting the side along which
such pavement or improvement shall be required, a house or
building at least twenty feet long: provided further, that the
tax levied under this section shall not exceed one per centum
of the assessed value of such property for any one year. In
all cases where a lessee or tenant shall pay the expense of
any such pavement, for which land or lot, by contract with
his lessor or landlord, he shall be bound to pay rent, the
amount of any such expense paid by him or made out of his
property, shall be a good and valid set-off against so much of
the rent due to his lessor or landlord.

12. The council of said town may at any time lay off and
open new streets and alleys, of such width and extent as
said council may think proper, or alter those already laid off
and opened, or such as may be hereafter laid off and opened.

13. Any person applying to the county court of Shenan-
doah for licenses to keep a bar-room, or to sell by retail or
wholesale, wine, ardent spirits, or liquors of any kind, within
the corporate limits of Mount Jackson, or within one mile
thereof, shall present before the court of said county, a cer-
tificate of the council of said town, to the effect that the
applicant is a suitable person, and that no good reason is
known to the said council why such license should not be
granted; and the court of said county shall not grant an.
license to sell wine, ardent spirits, or liquors of any kind,
within tie limits above prescribed, unless such certificate is
produced.

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14. The council of said town shall consist of J. 5. C. Mur-

hy, J. G. Neff, F. S. Pennybacker, J. H. Downey, R. A.
Tevaley, J. I. Triplett, and John C. Knee, who shall take the
oath of office betore some one authorized by the laws of Vir-
ginia to administer an oath. They shall then proceed to elect '
one of their number mayor, and shall continue in office until
their successors are elected and qualified, as hereinbefore pro-
vided. If any of the aforesaid parties decline to act, those
qualifying may fill the vacancy or vacancies so occasioned.
Said council shall have the same powers as if they had been
elected as provided in this act.

15. This act shall be in force trom its passage.