Chap. 72.—An ACT to amend and re-enact an act approved Mareh 3,
Iss6, entitled an act to amend and re-enact an act entitled an uet to

Incorporate the town of Martinsville, in the county of Henry.

Approved April 28, 1587.

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1 Beit enacted by the general assembly of Virginia, That
an act to incorporate the town of Martinsville, in the county
of Henry, passed January the sixteenth, eighteen hundred
and seventy-three, as amended and re-enacted by an act ap-
proved March the first, eighteen hundred and eighty-four,
as amended and re-enacted by an act approved March the
third, eighteen hundred and eighty six, be amended and re-
enacted so as to read as follows:

$1. The town of Martinsville, in the county of Henry,
chartered by an act of assembly passed January the sixteenth,
eighteen hundred and seventy-three, as amended by an act
of assembly passed March the first, eighteen bundred and
eighty-four, as amended by an act of assembly approved
March the third, eighteen hundred and eighty-six, shall by
that name continue; and the mayor and councilmen now in
office, and their successors in office, shall continue to be a
body politic and corporate by the name and style of the town
of Martinsyille, and by that name and style shall have per-
petual succession; with the power to sue and be sued, plead
and be impleaded, in any of the courts of law or equity ot
this commonwealth; and with authority to purchase, receive
and hold lands, tenements, goods and chattels, cither in fee
simple or any less estate therein; and the same to lease, vive.
grant, and assign, or sell again, and to have and exercise all
the powers which now belong to said town in addition to
those which by this act may be granted.

§& 2. The boundaries of said town shall be as follows, to-wit:
Beginning at mile post number forty-two, on the Danville
and New river railroad, thence south, eighteen deerees, east
three hundred yards, to the southeast corner of Sallie C.
Booker’s lot on the turnpike; thence south, titty degrees,
west seven hundred and fifty-six yards to the junction of
the river road with H. M. Drewry’s road, near a barn; thence
south, cighty-nine degrecs, west seven bundred and twenty-

ine yards, to a large poplar tree in the forks of Aaron’s
branch: thence down said branch, as it meanders, five bun-
dred and ninety yards, to J. B. Lavinder’s corner on the turn-
pike; thence north, twenty-six degrees thirty minutes, west
twelve hundred and ten yards, to Galen Smith’s corner on
Waller’s ford-road; thence north, fifty-four degrees east,
three hundred and ten yards, to Marshall Hanstin’s fence
corner on Jones’ path; thence north, sixty-one degrees east.
nine hundred and eighty-eight yards, to mile post number
forty-three on said railroad, and thence up poplar spring
branch, as it meanders, one thousand seven hundred and
twenty yards to the beginning.

&3. The: administration and eovernmentof said town shall be
vested in one principal officer, to be styled the mayor, who with
six other trustees, shall constitute the council of said town,

atl of whom shall be elected trom among the electors of ,the
town, and elected by the qualified voters, residing within its
corporate limits, on the fourth Thursday in May, eighteen
bundred and ciehty- -six, and every two years thereafter, hold-
ing their ottices for the term of two years, Commencing on
the first day of July, eighteen hundred and eighty-six, after
their election, and afterwards until their successors shall
qualify. And in said council so composed, any four of whom
shall constitute a quorum tor the transaction of business,
shall be vested the corporate powers of said town, and which
shall be known as the council of the town of Martinsville.

§ 4. The council shall as soon as possible after the passage
of this act, cause to be made a survey and plan of the said
town, showing distinctly each lot, public street and alley, the
size and number of the lots and the width of the streets and
alleys, with such explanations and remarks as they may deem
pertinent. Betore making the survey aforesaid, every person
interested in the lots to be effected by said survey, shall have
notice in writing of the day on which, and the person by
whom the survey thereof will be made. The survey, when
completed, together with the notices, the service of which
shall be endorsed thereon by the officer surveying the same,
shall be returned to the council of said town for approval or
correction, and as approved and corrected, shall be certified
to the clerk of Henry county court. The clerk of said court
shall spread the said plan on the surveyor’s book of Henry
county, and file in his office with the deeds admitted to re-
cord during and within the year in which said survey is
made, the said notices; aud the said plan, when so spread,
shall be a8 to every person served with notice as afores nid,
presumptive evidence of the correctness of the lines and
boundaries therein set out. Any person feeling himself ag-
grieved by the plan and survey, may after ten days’ notice
tothe mayor of sud town and every person interested in the
lot regarding which the alleged error Was made, move the
county court of Henry county to correct the errors therein,
and the court having all parties before it who are interested,
shall try the motion without formal pleadings, and give judg-
ment according to the right of the case. Any error existing
in said plan may also be corrected by a bill in chancery filed
in the circuit court of Henry county. The council shall also
from time to time, as neccssity may demand, and promptly
when so requested in writing, by any land-owner or proprie-
tor interested therein, establish a grade line for all the streets
and alleys and sidewalks of the town, and which shall appear
and be evidence by profile and map to be recorded and pre-
served by the council, and when so established. shall not be
changed except by a unanimous vote of the said council.

§ 5. The council shall fix and determine the place where all
elections provided for by this act shall be held, shall prescribe
the manner of declaring and certifving said clections, and of
deciding between two or more candidates when the number
of votes shall be equal. and of filling vacancies in any of the
offices provided forin this act. Notice of the time, place. and
purposes of any special election shall be published tor four
successive Weeks in some newspaper published in said town
and posted at the tront door of Henry courthouse. The
council shall appoint annually three persons from among the
voters of said town, who shall act as judges of elec ‘ion, and
three persons with like qualifications who shall act as com-
missioners of election. <All contested elections held under
this charter, or by-laws of said town, shall be determined as
directed by law in cases of contested county elections.

§ 6. The council shall appoint annually a sergeant, clerk,
and treasurer, and shall fix their compensation and prescribe
their duties, and require of them such bonds as may be
deemed proper. the term of each of said officers shall expire
on the thirteenth day of June.

87. The sergeant of said town who shall from time to time
be appointed under this act, shall have the like rights of dis-
tress and such power for collecting the taxes and levies made
by said council as county treasurer in similar cases, and shall
be entitled to the same or like tees and commissions, and in
the service of process, and in the collection of all fines arising
under authority of this act or of any by-laws or ordinances
made in pursuance hereof, he shall have and possess the
same rights and powers, and be entitled to the same or like
fees and commissions as are now allowed by law to sheritts
for similar services.

$8. The serveant of said town shall execute betore the
county court of Henry county, a bond in the penalty of two
thousand dollars, with security approved by said court, and
conditioned as bonds of constables are now required by law.
and upon giving such bond and qualifying in court. be shall
by virtue thereof have all the powers and be subject to all
the liabilitics of a constable of Henry county, both within
said town ‘and county. He shall have power to execute all
writs and processes, criminal and civil, original, mesne or
final, legally issued by the duly authorized oflicer of’ said
town, and directed to him, to serve notices and other papers
in pais, usually served by exccutive officers. He shall be a
conservator of the peace.

§ 9. The councilmen and cach of them shall cxercise such
jurisdiction in ail criminal matters as is now by law conferred
upon justices of the peace; shall preserve peace and good
order in said town, and to this end they and each of them
shall be conservators of the peace, with all the powers con-
ferred upon conservators of the peace by chapter one hun-
dred and ninety-six of the Cede of eighteen hundred and
seventy-three. In the exercise of their jurisdiction, they may
set for the trial of criminal cases as a single justice, or three
or five of said councilmen may sit together in the trial of such
vases, When more than one councilman shall sit at any such
trial and they do not: agree as to what Judgment should be
pronounce, the decision of a majority of those sitting shall
constitute the judgment in the case.

$10. The mavor of said town upon taking the oath required
by law to be taken by a justice cal the peace, shall bave au-
thority and jurisdiction to hear and determine sall matters,
civil and criminal, of which a justice of the peace would have
jurisdiction, aud to hear and determine all controversies aris-
ing under the laws and ordinances of said town, and to issue
any and all proper process, Whether original, mesne or final,
which may be necessary " enforce his judement und author-
ity. Ile shall by virtue of his office of mayor of the town of
Martinsville, be a justice of the peace of Ilenry county.

S11. Inall cases of riot, rout, unlawtul assembly, and when-
ever in the opinion of the mayor, or any member of’ the
council, the peace and good order of the town shall require,
the said mayor or any member of the council shall have power
to deputize any number of citizens in and from said town
and county to assist the sergeant in the discharge of bis offi-
clal duties.

$12. The council shall also have power to appoint police-
men and such other officers and agents for the proper con-
duct of the government and business of the town, as may be
necessary, and to fix their compensation,

$13. No license shall be granted to any person, club, or
corporation to sell wine, ardent spirits, malt liquors or any
mixture thereof, alcoholic bitters or fruits preserved in alco-
hol, either by wholesale or retail, or to be drunk at the place
where sold within the corporate limits of suid town, without
and unless the applicant shall produce to the court or officer
authorized to grant such license with his application theretor,
the receipt of the proper officer of said town for the pay ment
of the license tax assessed against him by said town, or shall
produce satisfactory evidence that he has made application
to the proper officer of said town, to be assessed for said
license, and has tendered the tax thereon; but no license tax
imposed by said town shall be greater in amount than the
license tax imposed by the State on the same license.

S14. The council shall have power to compel the removal
of obstructions from the streets, sidewalks, and alleys; and,
after notice to parties interested, and assessment of damages,
as now provided by law for the opening of public roads, to
Jay off, open, and construct new streets, alleys, and side-
walks, and to provide and protect shade trees on any streets
in said town. In the assessment of damaves, and considera.
tion of lands for opening or widening strects, alleys, and
side-walks as aforesaid, the council shall have the same juris-
diction as the county court has for condemning lands for
county roads in Henry county, and the proceedings shall con-
form, as nearly as possible, to proceedings of like nature in
that court. fhe council shall further have power to provide
against and prevent accidents from fires; to establish and
regulate markets; to prevent the running at large of hogs,
dogs, horses, and other animals; to prevent the cumbering of
streets, side-walks. and allevs in any manner whatever; to
make sanitary regulations mm reference to contagious and
other diseases; to regulate the building of all houses, stables,
privies, hog-pens and slaughter-houses, so that no nuisances
may result theretrom; to abate nuisances at the expense of
those who cause them; to restrain and punish vagrants,
drunkards, and mendicants; to appoint police, and prescribe
their duties and compensation; to enact and ordain such ordi-
hances, regulations, and by-laws as they may deem necessary
anid prope r for the interest and general good, satety, health,
and conveniences of said town, or the inhabitants thereof:
provided the same shall not) be unreasonable, nor in conflict
with the luws of the State. And for entorcing the provisions
of this charter, they shall punish all violitors: of law, by fine
or imprisonment: provided that no fine shall be imposed in
excess of the fine prescribed by the laws of the State for
similar offences, nor corporal punishment inflicted in any case
in which it is not prescribed as a punishment by the laws of
the State in regard to similar offences: and provided further,
that the accused shall have the right to appeal, as a matter
of right, to the county court of ILenry, in any case in which
the judgment against them shall be a fine or imprisonment.
The authorities of the town shall have the richt to the use
of the county jail, whenever it may be ne ceded by them for
the proper custody of prisoners, Whenever judgement shall
have been rendered against anv party for a tine, and the ser-
ceant of said town shall return, on a ticri facias issued for the
same, that there are no effects liable, the person so fined may
be taken into custody by said officer or any policeman, and
compelled to work on the streets or public works of said
town until said fine shall have been paid, and he may be re-
tained in custody until such fine is puid, or not, at the discre-
tion of ‘the officer: provided in no case shall the time of his
detention in custody fora fine exceed six months.

$15. All warrants issued and tried by any officer for the
violations of any State or corporation law. shall run in the
name of the commonwealth and shall be subject to the same
restriclions as now existing by law in respect to the issue of
warrants by State officers, nor shallany offence against the
laws of the State be charged in the same warrant with any
offence against the laws of the commonwealth. And any per-
son convicted or acquitted of any offence which is a violation
both of the laws of the State and the by-laws or ordinances
of said town, may if he have been conv icted or weguitted of
such offence under a warrant or indictment for a violation of
any State law, plead the same in bar of a prosecution for a vio-
lation of the laws of said town ‘by the alleged commission of
the same act, and if he have been convicted or acquitted ot such
offence under a warrant for a violation of a by-law or ordi-
nance of suid town, he may plead the same in bar of any pro-
secution against him by the State for tho same act.

§16. T he town council shall have power by a two-thirds
vote, to subscribe on the part and in the name of the said
town, an amount not exceeding twenty-five thousand dollars
to the capital stock of any railroad company which may here-
after be constructed within the limits of said town, and may
issue the town certificates or bonds of said town, bearing not
more than four per centum interest per annum, and not irre-
deemable for a period greater than thirty years, and may
negotiate and deliver the same to such railroad company at
a price not less than the face value of said certificates or
bonds in payment of such subscription: provided the said
council shall not make said subscription or issue such cer-
tificates of debts or bonds without being first authorized so
to do by the voters of the said town at an election to be held
therein for this purpose, and as authorized by law, at which
election the said vote in favor of such subscription shall meet
all the requirements provided by the general laws of the State
to enable counties and citics to make subscriptions to rail-
roads, and so forth, before the said council shall make said
subscriptions or issue such certificates of debt or bonds: and
provided further, that no such certificates of debt or bonds
shall be issued, nor any liability exist against said town until
the railroad company to which such subscription is made,
shall have completed its road from one of its termini to the
said town, and shall have the same in operation within the
corporate ‘limits of said town.

$17. The council may annually levy a tax for roads, streets,
sidewalks, and other purposes, by a two-thirds vote, to be
approved by the mayor, which, on no property shall exceed
fifty cents on the hundred dollars valuation, except that on a
petition of frecholders representing two-thirds of the valuation
within the corporation, the council may levy a corporation-
tax not to exceed seventy-five cents on the bundred dollars
of valuation. The: poll-tax shall not exceed fitty cents on
each male person in any one year. Nothing in this act shall
be construed to exempt from all or any county levies, levied
or to be levied in Henry county, nor shall there be 80 exempt
any persons or property in said county on which county levies
are now or may hereafter be made.

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