CHAP. 358.—An ACT to amend the charter of the town of Poca-
hontas.

Approved February 24, 1890.

1. Be it enacted by the general assembly of Virginia,
That sections two, three, five, twelve, and fourteen of an
act of the general asserably of Virginia, approved January

76
thirty-first, eighteen hundred and eighty-four, entitled an
act to incorporate the town of Pocahontas, be amended
and re-enacted as follows:

§2. The government of the said town shall be vested in
& mayor and a council of five, who shal] be residents of
the said town, and shall be elected annually on the fourth
Thursday of May by those qualified to vote for members
of the general assembly, and who shall have been residents
within the boundaries of the corporation for three months
next preceding the election, and no other persons. There
shall be five days’ notice of all elections by posting notices
at three or more public places within the corporation.
The mayor and council shall enter on the discharge of
their duties on the first day of July next following their
election, and shall remain in office until their successors
are elected and qualify in their stead, but no longer.

§3. The council shall fix and determine the place where
said election shall be held, shall prescribe the manney of
declaring and certifying elections, and determine the
validity. of any election, of deciding between two or more
when the number of votes shall be equal, and of filling
vacancies in said board. A majority of said board shall
constitute a quorum to do business. Any person feeling
aggrieved by the decision of the council involving the
validity of any election may of right appeal therefrom to
the county court of Tazewell county at any time within
ten days after such decision.

§5. The sergeant of said town shall have authority and
power to collect all taxes, levies, fines, and costs legally
imposed by the mayor, the council, or any member thereof,
and may levy on and take into his possession and sell for
cash, after ten days’ written notice, posted at such public
place as the council may by ordinance prescribe, stating
the time, terms, and place of sale, any property subject to
the payment of such taxes, levies, fines, and costs. He
shall have power to execute within the county of Taze-
well, in a civil or criminal proceeding, any warrant or pro-
cess legally directed to him by the mayor or the council
of the said town, or any member thereof. The council
shall, by ordinance, prescribe his compensation for such
services, which shall not be increased or diminished during
his continuance in office.

§ 12. The council shall have power to make accurate
bounds of existing streets, and to compel the removal of
obstructions therefrom, and to lay off and have new
streets, alleys, and sidewalks, and to provide and protect
shade trees thereon. The council of the said town shall
have the same jurisdiction for condemning lands for
streets, alleys, and sidewalks of said town as the county
court has for condemning lands for roads in the county.
The council shall further have power to provide against
and prevent accidents by fire; to establish and regulate
markets; to prevent the running at large of hogs, dogs,
horses, and other animals; to prevent the cumbering of
streets, sidewalks and alleys, in any manner whatever; to
make sanitary regulations in reference to contagious or
other diseases; to regulate the building of al) houses, sta-
bles, privies, hog pens and slaughter-houses; to abate nui-
sances at the expense of those who cause them; to restrain
and punish drunkards, vagrants, mendicants, and street
beggars; to appoint police and prescribe their duties and
compensation, and to make, pass, and ordain such rules,
regulations, and by-laws as they may deem necessary and
proper for the internal and general good, safety, health,
and convenience of the said town and inhabitants thereof,
and for enforcing the provisions of this charter. They
shall punigh all violators of law by fine or imprisonment,
or both as may be prescribed by the by-laws or ordinances
of said town: provided, that the accused shal] have the right
of appeal to the county court in all cases of violation of
the by-laws or ordinances of said town, except in cases
where imprisonment is imposed for failure to pay fines or
costs imposed. The authorities of the said town, with
the consent of the county court, entered of record, shall
have the right to use the county jail whenever it may be
needed by thern. Whenever judgment shall be rendered
against any person for fines, and there be no visible effects,
which the sergeant may distrain and sell therefor, the per-
son so in default, may be compelled to work out such fines
on the public streets or other improvements, and to suffer
in addition such term of imprisonment as may have been
imposed, as prescribed by ordinances of said town. All
fines for the violation of the ordinances of said town shall
be paid into the treasury of the said town, and shall be
appropriated as the council may determine.

§14. No license shall be granted to any person, club, or
corporation to sell wine, ardent spirits, malt liquors, or
any mixture thereof, alcoholic bitters, bitters containing
alcohol, or fruits preserved in ardent spirits, either by
wholesale or retail, or to be drunk at the place where sold,
or in any other way, within the corporate limits of the said
town (or within one mile thereof), without, unless, and
until the applicant shall produce to the court, or officers
authorized to grant such license, the written consent of
the council of the town. And upon the production of a
copy of the record of said council to said court, showing
such consent and specifying the place where to be sold, and
in what manner; that the applicant is a corporation char-
tered under the laws of this state, or if the applicant is
not such a corporation, that the person so applying is
sober, discreet, and of good moral character, and that the
place is suitable and convenient; that the said applicant
has paid into the treasury of the said town the sum of one
hundred and fifty dollars, and to the treasurer of Tazewell
county the tax required by existing laws to be paid to the
state for the exercise of said privilege, said court shall
grant such applicant a license to sell all or any of the
things mentioned in this section, by wholesale, retail, or
to be drank at the place where sold: provided, that if the
applicant desires to sell by wholesale, he shall pay into
the said treasury the sum of five hundred dollars, unless
he desires to sell malt liquors only by wholesale, in which
case he shall pay the sum of three hundred dollars. But
license shall not be granted to any corporation or person
to sell in more than two of the modes herein designated ;
nor shall said license be granted until the applicant shall
execute bond in said court, with good security, in the pen-
alty of five thousand dollars, conditioned aacording to
law. Any person who shall, without first procuring a
license, as required by this section, sell wine, ardent spirits,
malt liquors, or any mixture thereof, alcoholic hitters, or
fruits preserved in ardent spirits, either by wholesale,
retail, or to be drank at the place where sold, or in any
other way, within the corporate limits of the said town,
or within one mile thereof, shall be punished by a fine of
twenty dollars for each offense; and if the fine and the
costs of the prosecution be not at once paid, the accused
shall he forthwith committed to the calaboose of said
town until the fine and cost be paid, or he be discharged
by due process of law. The mayor of said town, the
council, or any member thereof, shall have jurisdiction to
trv any person charged with a violation of any of the pro-
visions of this section, and impose the punishment hereby
prescribed. All fines imposed under this section shall be
for the benefit of the said town, and shall be paid into the
treasury thereof. Any person found guilty of violating
any provisions of this section shall be required by the
officer trying the case to give bond, with good security, in
a reasonable sum, to be fixed by such officer, to be of good
behavior for twelve months; and if such person fail to
give such bond, he shall be at once committed to the cala-
boose of said town until he does give it, or is discharged
by due process of law.

2. All acts and parts of acts inconsistent with this sec-
tion are hereby repealed.

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