Chap. 412.—An ACT to incorporate the town of Estillville in the
county of Scott.

Approved March 5, 1888.

1. Be it enacted by the general assembly of Virginia, That
the town of Estillville, in the county of Scott, as the same
has heretofore been laid off into lots, streets and alleys, be
made a town corporate by the name of Estillville, and by that
name may sue and be sued, and shall have and exercise all
the powers conferred upon towns by, and be subject to the
provisions of, the fifty-fourth chapter of the Code of Virginia,
so far as they are consistent with this act, and shall be subject
to all laws governing towns of less than five thousand inhabi-
tants, or which may be hereinafter enacted.

2. The council of said town may, from time to time, enlarge |
the boundaries of said town by adding thereto the lots of}
such persons as desire to be included insaid corporation, and
who shall make application therefor to said council.

3. The officers of said town shall consist of a mayor, five «
councilmen, a recorder and sergeant, who shall be elected by |
the qualified voters living within the limits of said town.

4. The election for said officers shall be held on the third |
Saturday in March annually, and said officers shall enter '
upon the discharge of their duties on the first day of April
next after their election, and continue in office until the first
day of the next April, and thence afterwards until their suc-
cessors are elected and qualified, and no longer.

5. The council shall have power to fill all vacancies of any ’
office which may occur by death, resignation or otherwise.
A majority of said council shall constitute a quorum to do
business.

6. The sergeant of said town shall have the like right of
distress and power in collecting the taxes and levies made by
the council of said town, as county treasurers now have in
the collection of revenue, and shall be entitled to the same
fees and commissions for the collection of said taxes and

levies as are allowed to the treasurer of Scott county for col-
OACTIC
lecting the county levy; and in the service and return of all
processes, and in the collection of all fines arising under the
authority of this act, or any law or by-law made in pursu-
ance hereof, he shall have and possess the same rights and
powers, and be entitled to like fees and commissions as are
allowed by law to sheriffs for similar service, and like respon-
sibilities and liabilities.

7. The sergeant of said town, upon executing bond, with
good security, in the penalty of two thousand dollars, before
the county court of Scott county, with conditions as is re-
quired by law for constables, shall have power and authority
to execute any and all process to him directed, in the same
manner, and be liable for fines and liabilities upon similar
remedies and to the same extent that constables are by the
law now in force.

8. The sergeant of said town shall have for his services, in
addition to the fees and commissions mentioned in the sixth
section of this act, such salary as the council of said town
may prescribe.

9. The mayor, recorder and councilmen of said town shall
and may exercise all the jurisdiction of a justice of the peace,
in order to preserve the peace and good order in said town;
and to this end they, and each of them, shall be a conservator
of the peace, with all the powers and duties authorized to be
exercised by justices of the peace by the laws now in force.

10. The mayor, and in his absence the councilmen, shall
each have authority and jurisdiction to hear, try and deter-

-mine-all matters in controversy, either of a civil or criminal
nature, and all matters under the laws, by-laws and ordi-
nances of said town, arising within the limits thereof, and to
issue any and all process, whether original, mesne, or final,
which may be necessary to entorce their authority.

11. The council of said town shall be and are hereby in-
vested with all the powers, rights, liberties and prerogatives
in relation to the poor of said town, which is now conferred
upon towns containing less than five thousand inhabitants,
by existing laws; and the said town and its citizens, shall be
entitled to all the immunities, exemptions and privileges per-
taining to a town that maintains and keep its poor according
to the laws of Virginia now in force, and may keep its poor
at the county poor-house upon paying such a sum per diem
as the council and the board of supervisors of said county
may agree upon.

12, All taxes, general or special, assessed upon lands or lots
within the said town under this act, are hereby declared to
constitute a lien upon said land or lots in the hands of the
owner, or his heirs, devisees, assignee, or any subsequent pur-
chaser or other person claiming the same, and may be col-
lected from such subsequent purchaser, or other person en-
titled to such land or lot, in like manner as they might have
been collected from the owner or occupier.

13. The council may prevent hogs, dogs, and other ani-
mals from running at large within the limits of said corpora-

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tion, and may subject the same to such regulations and taxes
as it may deem proper.

14, The council ot said town may lay a sufficient levy |
annually for the purpose of defraying the expenses incurred
by said town, or for the purpose of erecting buildings and
making improvements deemed necessary by the council: pro-
vided that the levy so laid shall not exceed one hundred
cents on the one hundred dollars, and that no other prop-
erty, trade, profession, or occupation, shall be liable for taxa-
tion than that which is so taxable by law now existing.

15. The mayor, and in his absence, the council of said:
town, shall have power to impose fines, not exceeding ten
dollars, and not less than two dollars and fifty cents in
amount, for breaches of the peace committed in said town;
also for obstructing the streets, sidewalks, or alleys, for any
malicious injury done thereto, or for any violation of any of
the laws, by-laws, or ordinances of said town, and upon trial
and conviction, may commit the offender to jail of Scott
county until said fines are paid.

16. For the purpose of carrying into effect the police regu- |
lations of said town, the town shall be allowed the use of’
the county jail of Scott county for the safe-keeping and con-
finement of all persons who shall be sentenced to imprison- |
ment under the ordinances of said town; and all persons so |
confined, shall be under the custody and charge of the jailor
of said county, who shall receive, keep, and discharge the
same in such manner as shall be prescribed by the ordinances
of said town, or otherwise discharged by due course of law:
provided that said council may, if they deem it expedient,
require all persons sentenced to jail or committed thereto in
default of the payment of fines assessed against them, to
work on the public streets of said town, under such regula-
tions and restrictions as said council may prescribe.

17. The council shall have power to elect and appoint an.
assessor, or any other officer not before mentioned, deemed
necessary for the purpose of carrying into effect this act, and
they may fix a salary for such services as he may perform.
Such officer, so appointed, shall hold his office till the next
general election held after his appointment.

18. All property, trades, occupations, and professions now |
taxed by the general law, may, in the discretion of the coun- |
cil, be liable for taxation.

19. No officer elected under this act, or appointed under
the seventeenth section, shall enter upon the discharge of
the duties of his office till he shall have first been duly quali-
fied and taken the usual oath of office.

20. The clerk of the county court of Scott county is
authorized and.empowered to qualify those persons elected
to fill the several offices herein mentioned, by administering
ie each person elected or appointed, the oaths prescribed by

aw.
21. W. F. Edmons, T. R. Jackson, J. S. Greever, I. P. 1
Kone, and D. 8S. Morrison, are hereby authorized to hold an!
election, agreeable to the provisions of this act, for said offi-
cers, on the third Saturday in March, eighteen hundred and
eighty-eight, or as soon thereafter as practicable, after giving
due notice thereof for at least ten days before the election.
If the aforesaid parties should fail to hold the election as
authorized, then the county court shall, upon application of
ee or more citizens of said town, order an election to be
eld.

22. All acts and parts of acts in reference to said town of
Estillville, inconsistent with this act, are hereby repealed.
The said town shall keep its streets in good repair, and pave
the same or macadamize them as fast as they can under the
rate of taxation allowed and other duties imposed, and may
require all persons liable to work on the road in said corpo-
rate limits, to work on said streets under the provisions of
the road law applicable to Scott county.

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