An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1889/1890 Private Laws |
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Law Number | 424 |
Subjects |
Law Body
CHAP. 424.—An ACT to incorporate the town of Berkeley in the
county of Norfolk.
Approved March 3, 1890.
1. Be it enacted by the general assembly of Virginia,
That the village of Berkley, in the county of Norfolk, as
the same has been or may hereafter be laid off into streets,
lanes, and alleys, be and the same is hereby made a town
corporate by the name of Berkley, and by that name shall
have and exercise all the powers, rights, privileges, and
immunities, and be subject to all the provisions of chap-
ters forty-four and forty-five of the code of Virginia of
92
eighteen hundred and eighty-seven, so far ay the same re-
lates to towns of less than five thousand inhabitants, and
are not in conflict with the powers herein conferred.
2. The boundaries of said town shal! be as follows, to-wit:
Beginning at the point in the harbor line on the south side
of the eastern branch of the Elizabeth river where the line
between B. A. Colonna and the Hardy heirs intersects the
same, and thence about south to the forks of the creek and
thence southeasterly following the middle of the south-
east fork of said creek, and the southern boundary of said
Colonna’s property to the western boundary of the Nor-
folk and Western railroad in such a manner as to exclude
the farm of B. A. Colonna from the town of Berkley,
thence following southerly along the western line of the
Norfolk and Western railroad company’s right of way to
its intersection with the Obendorfer road; thence con-
tinuing along the western side of said road to Liberty
street extended; thence along the north side of said Lib-
erty street to the western line of Fourteenth street on the
Tunis property extended; thence along the western line
of said Fourteenth street to the centre of Mile Run creek;
thence down the centre of said creek to the southern
branch of the Elizabeth river; thence down the southern
branch to the Elizabeth river proper, along the said river to
the eastern branch, and up the eastern branch to the
point of beginning.
3. The territory embraced within the limits of said
town shall be divided into three wards, as follows, to-wit:
The territory embraced within a line commencing at the
northern terminus of Liberty street and running southerly
along the centre of said street to Berkley avenue, thence
easterly along the centre of Berkley avenue to. Main
street thence southerly along the centre of said Main
street to the river, and thence northerly and easterly
along said river to the point of beginning, shall be known
as ward one; the territory embraced within a line com-
mencing at the northern terminus of Liberty street and
running southerly along the centre of said street to Berk-
ley avenue, thence easterly and southeasterly along the
centre of said Berkley avenue to the Obendorfer road,
thence northerly along said Obendorfer road and the
Norfolk and Western railroad company’s property to the
river and thence westerly and southwesterly along said
river to the point of beginning, shall be known as ward
two. The remaining territory embraced within the limits
of said town as above described, shall be known as ward
three.
4. The officers of said town shall consist of a mayor, a
council, a recorder, and sergeant. The council shall con-
sist of eleven members, four of whom shall be from ward
one, four from ward two, and three from ward three. The
councilmen shall serve without compensation. The
mayor, recorder, and sergeant shall be elected by the coun-
cil, And the mayor may, but need not, be chosen from
among the members of the council. He shall receive no
compensation other than the fees received by him as a
justice of the peace. The said officers shall hold their
offices for two years, and until their successors are duly
elected and qualified.
5. The said council shall have power to pass all by-laws
and ordinances for the proper government of said town,
not in conflict with the constitution and laws of this state
or the constitution and laws of the United States, and to
levy annually such taxes as it may deem necessary for the
purposes of said town, which shall not exceed fifty cents
on the one hundred dollars’ valuation of property as per
state assessment.
6. The mayor, if elected by the council from its own
members, shall be president of the council. In any case
he shall be the chief magistrate of the town, and as such
shal] see that the ordinances and by-laws of said town are
faithfully executed. He shall possess all the powers and
perform the duties which are now or may hereafter be pre-
scribed for mayors of towns of less than five thousand in-
habitants.
7. The recorder shall keep an accurate record of all the
proceedings of the council, its by-laws, acts, and ordi-
nances, which shall be kept open at all times for the
inspection of any voter insaid town. He shall be ex-ofticio
treasurer of said town, giving such bond, performing such
duties, and receiving such compensation as shall be pre-
scribed by the council. He shall make out the tax-bills
upon estimate of property as per state assessment, when
ordered by the council, and deliver the same to the ser-
geant for collection.
8. The officers of said town may qualify before the
county court of Norfolk county or before any officer author-
ized by law to administer oaths.
9. The property in said town shall not be liable to the
county for any road tax. The treasurer of Norfolk county
shall pay to the recorder of said town, monthly, for the
use,of said town, one-half of the tax received by him
upon the levy for the year eighteen hundred and ninety
and each year thereafter on the property, real and per-
sonal, located within the limits of said town, the same to
be in lieu of any special appropriations by the board of
supervisors of Norfolk county.
10. The sergeant, in addition to the power vested in him
and the duties imposed upon him by law, shall be the
messenger of the council, and during its meetings shall
be its sergeant-at-arms. He shall collect all town taxes,
and shall have power to distrain and sell therefor, in like
manner as a county treasurer may distrain and sell for
state taxes. He shall perform such other duties, give
such bond, and receive such compensation as the council
may prescribe.
11. The following persons shal! constitute the first coun-
cil of said town: From ward one, L. B. Allen, W. L. Berk-
ley, A. M. Hawkins, and B. C. Bilisoly ; from ward two,
C. 8. Russell, J. L. Milby, James F. Tatem, and W. H.
Kirby; from ward three, Thomas Winingder, senior,
Charles W. Parks, and J. J. Ottley. They shall] possess
the power and perform the duties prescribed for the coun-
cil of said town as if elected, and shall serve until the
first day of January, eighteen hundred and ninety-two,
and until their successors are duly elected and qualified.
They shall enter upon the discharge of their duties on the
day on which this act takes effect.
12. The first election of councilmen under this charter
shall be held on the first Tuesday in December, eighteen
hundred and ninety-one, and a similar election shall be
held every second year thereafter.
13. The council of said town shall prescribe a voting
place in each ward, at which the election of councilmen
shall be held. It shall be the duty of the electoral boards
of Norfolk county, in March, eighteen hundred and ninety-
one, and every two years thereafter, fo appoint a registrar
for each ward of said town from among the qualified voters
of said wards, respectively, to serve as such for two years fol-
lowing such appointment. It shall be the duty of said
registrars to register, according to state law, at any time
except as hereinafter otherwise provided, in special regis-
tration books provided for the purpose, all the citizens of
their respective wards, who are qualified voters therein, as
hereinafter set forth, who shall apply to him to be regis-
tered. On the twelfth and eleventh days preceding any
regular election under this charter, it shall be their duty
to sit for the purpose of registering voters, and from sun-
set of the eleventh day preceding any election to sunrise
of the day following such election no name shall be en-
tered upon said registration books: provided,that no per-
son shall be entitled to have his name entered upon either
of said books by reason of a transfer from any other voting
precinct in this state. Registration by transfer may be had
from one ward of said town to another. Any person feel-
ing himself aggrieved by the decision of a registrar may
appeal to the county court of Norfolk county, and said
appeal shall be heard and determined by the judge of said
court, either in term time or vacation in the manner pro-
vided by law for appeals from decisions of registrars.
Said registrars shall each be entitled to a compensation of
two dollars per day for each day they may sit under this
charter, and in addition thereto, to ten cents per name for
each name they shall enter upon such registration books
on any other day than the regular registration days,
which compensation shall be paid out of the town treas-
ury. It shall be the duty of said registrars to give notice
of the days on which they shall sit to register voters under
this charter, by posting notices at three or more public
places in their respective wards for ten days preceding
such sitting; and five days previous to any’ election, they
shall post at a conspicuous place in said wards, respect-
ively, a list of all voters who have been registered since
the next precedingelection. Said registration books shall
be delivered to the judges of election prior to any elec-
tion day.
14. It shall be the duty of the electoral board of Nor-
folk county in March, one thousand eight hundred and
ninety-one, and every two years thereafter, to appoint for
each of said wards in said town three qualified voters of
said wards, respectively, who shall be judges of qlection
at every election for councilmen for two years following
their appointment, or until their successors are appointed
and qualified. Said judges shall have authority to ap-
point clerks for each election, and such judges and clerks
shall be entitled to one dollar each per day for each elec-
tion day, to be paid out of the town treasury. Vacancies
occurring in the position of registrar or judge shall be
filled by the appointing power for the unexpired term.
15. The mode of conducting such elections and can-
vassing the votes shall conform to the law with reference
to state elections. Immediately after certifying the result
in accordance with the state law, the judges shall seal the
poll-books, each separately, and securely seal the ballots
in a separate packet. This being done, the judges shall
decide which one of their number shall take charge of
the returns. The judge in whose charge the ballots and
_poll-books are given shall deliver them, not later than the
day following the election, to the recorder. It shall be
the duty of the recorder, immediately upon receipt of such
ballots and poll-books, to file the ballots and one of the
books, still sealed, away in his office, and to open the other
poll-book and record the result of the election, as certified
by the judges and clerks, in the record-book of the coun-
cil. Within five days after any election the mayor shall
examine said record and give certificates of their election
to the persons who, according to the face of the returns as
recorded, have a majority of the votes cast.
16. The county court of Norfolk county shall have origi-
nal jurisdiction of cases of contested election in said town
with the right of appeal to the circuit court. The mode of
contesting such election, and of hearing and determining
such contest, shall conform to the law with reference to
contesting elections of county officers.
17. The qualified voters of said town shall consist of all
male inhabitants of said town qualified to vote for mem-
bers of the general assembly who are duly registered upon
the registration books of the town and have been actual
residents of the town for three months and of the ward
for thirty days next preceding the election at which they
offer to vote.
18. The terms of councilmen elected under this charter
shall commence on the first day of January next succeed-
ing their election. The terms of officers elected by the
council shall commence immediately upon their election
and qualification. The council shall have power to fill by
election vacancies occurring in any office, and such elec-
tion shall be for the unexpired term.
19. The authorities of said town shall have the use of
the county jail for the safe-keeping and confinement of all
persons who shall be sentenced to imprisonment under the
ordinances of said town; and whenever judgment shall
be rendered against any person for fines, and there are no
effects which the sergeant may distrain and sell therefor,
the party so in default may be compelled to work out such
fine on the public streets or other improvements, or to
suffer such term of imprisonment as may be prescribed
by the ordinances of said town.
20. The council of said town, whenever the consent of
three-fifths of the freeholders shal! be obtained at an elec-
tion held for that purpose, the manner of conducting such
election to be determined by the council, shall have power
to borrow for said town and for the purpose of internal
improvements—introducing water, establishing gas-works
or other works of internal improvement—a sum of money
not exceeding ten thousand dollars by the issue and sale
of the bonds of said town. Said bonds shall be registered,
shall be issued in such denominations as the said council
may prescribe, and shall bear interest not to exceed six
per centum per annum. The said bonds shall be made
payable not later than thirty years from date, and may be
made redeemable at any time after fifteen years from date.
Said bonds shall be signed by the mayorof said town and
countersigned by the recorder, under the corporate seal of
said town, and shall be sold and negotiated in such manner
as may be prescribed by said council: provided, that said
bonds shall not be sold for less than their par value. The
council shall have power to provide for the payment of
the accruing interest on said bonds and of the principal
thereof by a special levy upon the property in said town,
the proceeds to be applied exclusively to this purpose.
21. It shall be the duty of the county treasurer of Nor-
folk county to pay monthly to the recorder of said town
for the use of said town the entire road tax received by
him after this act goes into effect upon the levy for the
year eighteen hundred and eighty-nine, on the property,
real] and personal, located within the limits of said town, and
one thousand dollars out of the levy for eighteen hundred
and eighty-nine, for general county purposes, the receipt
of said recorder to be a sufficient voucher for said trea-
surer in his settlement with the board of supervisors of
Norfolk county.
22. In listing for taxation the persons and property of
Norfolk county for the year eighteen hundred and ninety,
and edch year thereafter, the commissioner of the revenue
of the second district of said county shall list the persons
and property of said town separately from the rest of
Washington magisterial district.
23. Immediately after his election, or as soon as
the commissioner of the revenue shall have returned
the list of taxable persons and property in said town,
the recorder shall in a book prepared for that purpose
copy the said list of taxable persons and _ property
in said town, and shall extend the tax thereon for
town purposes according to the levy fixed by the
council. He shall make out the tax bills and place
them in the hands of the sergeant for collection,
not later than the first day of September, eighteen,
hundred and ninety, and each year thereafter. The said
sergeant shall make returns to the recorder at least once
every month of all taxes collected by him.
24. This act shall take effect fifteen days after its pas-
sage. |
CuapP. 425.—An ACT to extend the time for collecting taxes and
county levies, by levy or distress, for the year eighteen hundred
and eighty-nine, in the county of Greenesville.
Approved March 3, 1890
1. Beit enacted by the general assembly of Virginia,
That A. B. Batte, treasurer of the county of Greenesville,
be allowed until the fifteenth day of December, eighteen
hundred and ninety, to make his final settlement with the
board of supervisors of the county of Greenesville and the
auditor of public accounts: provided, the extension of time
hereby granted shall not apply to taxes and county levies
already collected and in the hands of the said A. B. Batte,
treasurer, and that all collections which may be made by
him prior to the fifteenth day of December, eighteen hun-
dred and ninety, shall be paid into the treasury of the
state as now prescribed by law: provided, further, that
the said treasurer shall, before he is allowed to discharge
the duties of his office, under the provisions of this act,
that the consent of the sureties of the said treasurer may be
given in person before the county judge in term time or
vacation, or by a writing signed by the said sureties or by
power of attorney authorizing some other person to sign
their names thereto; said writing to be duly recorded by
the clerk of the county court and certified to the auditor
of public accounts: provided, that if the said treasurer
shall fail to comply with the provisions of this act his
office shall be deemed vacant, and the vacancy shall be
filled as the law directs: and provided, further, that it
shal] not be lawful for the said treasurer to levy or sell for
the said taxes before the first day of October, eighteen
hundred and ninety.
2. This act shall be in force from its passage.