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 | 479 |
Subjects |
Law Body
CHAP. 479.—An ACT to amend and re-enact an act incorporating
the town of Brentsville, in Prince William county.
Approved March 8, 1890.
1. Be it enacted by the general assembly of Virginia,
That an act approved on February eleven, eighteen hun-
dred and eighty-two, incorporating the town of Brentsville,
in Prince William county, be amended and re-enacted so
as to read as follows:
2. That the town of Brentsville, in the county of Prince
William, be made a town corporate by the name and style
of the town of Brentsville; and by that name may sue and
be sued, and by that name and style have and exercise the
power granted or conferred upon towns by the code of Vir-
ginia of eighteen hundred and eighty-seven, and also have
and exercise all powers conferred by laws now in force or
that may hereafter be enacted for the government of towns
containing less than five thousand inhabitants.
3. The municipal authorities of said town shall consist
of one mayor and four councilmen, who shall be chosen
annually by ballot on the second Saturday in April of each
year. Any qualified voter of the county of Prince William,
and residing within the corporate limits of the town of
Brentsville, shall be entitled to vote at all elections under
this act of incorporation. The clerk of said council shall
hold said election between the hours of two and six o’clock,
post meridian, and shall call in two members of said
council to aid him in deciding any contest in reference to
the right to vote of any individual, and to witness the
counting of the ballots. In case it is impossible to decide
the persons elected councilmen by reason of a tie, the clerk
shall determine in the presence of two councilmen of said
town, by lot, every case of the kind arising. A contest
between two persons voted for as mayor, on the ground of
each having received the same number of votes, shall like-
wise be decided, by lot, by the said clerk in the presence
of two councilmen. The said clerk shall immediately
thereafter, and after each election, make out and deliver
to the mayor and each councilman a certificate of his
election, and shal] administer to said mayor and council-
men the oaths of office required by the laws and constitu-
tion of Virginia. The terms of office of said mayor and
councilmen shall commence on the first day of May suc-
ceeding their election, and continue for one year, and until
their successors are elected and qualified. On the first
Saturday in May of each year the said councilmen, or a
majority of them, shall elect by ballot a clerk and sergeant
from among the residents of the said town, which officers
shall hold their terms of office for one year, commencing
on second Monday in May, and until their successors have
been elected and qualified. The said clerk and sergeant
shall qualify by taking the oath of office before the county
court of Prince William county, or other person authorized
to administer oaths, and may be removed from office by
unanimous vote of the council. All the officers of the
corporation shall serve without compensation, except
as hereinafter provided. The said council shall ap-
point its own time of meeting, a quorum to con-
sist of a majority of councilmen qualified; in no case,
however, to be less than two to constitute a quorum.
Vacancies in the office of clerk and sergeant, from
any cause, shall be filled by the council of said town.
The mayor shall be the presiding officer of the council,
and shall have no vote, except in the case of atie. He
shall be ex-officio justice of the peace of Prince William
county, and shall be authorized to take acknowledgment
of deeds and other papers, and shall be charged specially
with the power and jurisdiction to enforce the ordinances
and by-laws of said town, and shall receive as compensa-
tion therefor the fees now allowed by law for such service,
and no other or further compensation whatever. He shal]
call special meetings of the council by giving notice to
each member thereof. The clerk of said council shall keep
a record of the proceedings of the council; shall provide
the books and stationery ordered by the council; make
out a list of all property, real and personal, within the
corporate limits for assesment, taking as a basis of valua-
tion of the property, both real and personal, and conform-
ing in every respect thereto, the assessors’ and commis-
sioners’ books in district number one of Prince William
county, and shall issue tickets for the taxes levied by the
council, and shall deliver said tickets to the sergeant;
shall draw warrants on the sergeant, ordered by the coun-
cil; shall have power to administer any oaths required
under this act, or any ordinance of the council; and he shall
be paid annually such sum as the council may determine
and direct, not, however, to exceed the sum of twenty-five
dollars for one year. The sergeant shall collect the taxes
voted by the council, and for collecting and paying out
the same shall be allowed two and one-half per centum.
He shall have the same power and authority of any con-
stable or collector of Prince William county, and shall be
entitled to the same fees, except as herein provided. He
shall pay out the money of the corporation in his hands
on the warrant of the mayor, and the clerk certifying that
it is drawn by the council. He shall perform all the
duties of overseer of roads or streets within the corporate
limits, in accordance with the laws of Virginia and the
ordinances of the town. Edwin Nelson is hereby desig-
nated to act as clerk, and Joseph B. Reed and W. W.
Kincheloe as councilmen, in order to hold and declare the
result of the first election under this amended act of in-
corporation; but their acting as such councilmen and
clerk shall not disqualify them from being voted for as
councilmen or mayor at said election.
4. The corporate limits of said town are hereby de-
clared to be as follows, viz: Beginning on the north side
of the public road where the boundary line of the limits
of Brentsville, as laid down in plan of said village,
crosses the public road leading to Cedar Run bridge;
thence east and on north side of said road to forks of
road leading to Reeve’s ford; thence on the western side
of said road to a point on said road in a direct line of
northern limits of said village; thence in a direct line to
the northeast corner of said limits; thence with the line
of said village to a point in Reid’s field opposite and in
a line with the western line of the garden fence as it now
stands, of said Reid to the northern line of the public
road leading to Kettle Run bridge; thence with and on
the northern side of the said road to the limits of the
said village; thence with western limits of said village to
the southwestern corner of said limits; thence with the
southern lines of said limits to the southeastern corner of
said limits; thence with the eastern line of said limits to
the point of beginning; and the said corporate limits of
said town are hereby declared and created to be a separate
and distinct road district of Prince William county, and
no road tax shall be levied on any property within said
limits, except by the council of Brentsville, to be ex-
pended within said limits on the streets and roads therein
by the sergeant of the town under the supervision and
direction of the council. For his services as overseer of
roads and streets the sergeant shall be entitled to the
same compensation allowed by law to overseers of roads
under the road law of Virginia. The said council shall
be authorized to pay sergeant of corporation, in their dis-
cretion, not exceeding fifty dollars in addition to the fees
provided in this charter. The council shall have control
of all streets and roads within the corporate limits of said
town.
5. The town sergeant shall, before entering upon the
discharge of the duties of his office, execute a bond in the
penalty of one thousand dollars, conditioned for the per-
formance of all his duties. The sureties of said sergeant
shall justify as to their efficiency before the mayor, and
said bond shall receive the written approval of the mayor,
certifying as to its validity and sufficiency, and then be
filed with the corporation clerk.
6. The council shall have the power to regulate and pro-
hibit the running at large of animals; to prohibit the
obstruction of streets and sidewalks; to provide for order
and quiet and the observance of the Sabbath within the
corporation; to regulate the sale of intoxicating liquors;
to pass ordinances carrying into effect the objects of incor-
poration—the said ordinances not to bein contravention of
any laws of the state—and to punish the violation of said
ordinances by fine and imprisonment: provided, that any
fine imposed upon a minor shall be paid by his parent or
guardian. The said town of Brentsville is hereby author-
ized to use the county jail of Prince William county as
place of confinement for all persons ordered to be confined
or imprisoned by the proper aathority. The officers of
said town and the council thereof shall have all the powers
granted its officers and to the councils of towns corporate
under existing general laws, and not inconsistent with
this act.
7. This act shall be in force from its passage.
CuapP. 480.—An ACT to incorporate the Harrisonburg and Elkton
turnpike company.
Approved March 3, 1890.
1. Be it enacted by the general assembly of Virginia, That
William H. Richard, George B. Keezell, John B. Peale,
Walter N. Peale, and George R. Nicholas, and such other
persons as may be associated with them, and their suc-
cessors and assigns, be, and the same are hereby, created
a body politic and corporate under the name of the Har-
risonburg and Elkton turnpike company for the purpose
of constructing a turnpike road from Harrisonburg, in
Rockingham county, to McGaheysville, in said county,
with the privilege of extending said road in said county
as hereinafter provided.
2. That the capital stock of said company shall! not be
less than five nor more than twenty thousand dollars,
divided into shares of one hundred dollars each.
3. Said company is hereby authorized and empowered
to appropriate, occupy, and use in the construction of said
turnpike the road-bed of the public highway leading from
Harrisonburg to Swift Run Gap, formerly known as the
Rockingham turnpike.
4. Said turnpike road shall be constructed to the village
of McGaheysville within three years from the passage of
this act in accordance with the laws of this commonwealth
now in force: provided, that said company may extend its
road a distance of ten miles beyond McGaheysville, being
allowed the additional period of two years for the con-
struction of each additional section of five miles: and
provided, further, that said company shall not be required
to make a summer or side road, or be compelled to cover
or pave said road with stone or gravel.
5. Books for subscription shall be opened at such times
and places as the corporators hereinbefore named shall
designate, any two of whom may act as commissioners for
the purpose of receiving subscriptions.
6. This act shall be in force from its passage.
CHapP. 481.—An ACT to incorporate the town of Rappahannock,
in the county of Fauquier, and to change the name to Reming-
ton.
Approved March 8, 1890.
1. Be it enacted by the general assembly of Virginia,
That the town of Rappahannock Station, in the county of
Fauquier, as the same heretofore has been or may hereafter
be laid off into lots, streets, and alleys, shall be, and the
same is hereby, made a town corporate by the name of
Remington, and by that name shall have and exercise
power conferred upon towns by the forty-fourth chapter of
the code of Virginia of eighteen hundred and eighty-seven,
and of all laws now in force or hereafter may be enacted
for the government of towns of less than five thousand
inhabitants, and are not in conflict with the terms of this
act.
2. The boundaries of said town shall be as follows:
Beginning at the railroad bridge at Tin Pot run; thence
up Tin Pot run to Bowen’s and Burrow’s line; thence with
said line to Mr. Ireland’s line; thence with said line to
street; thence with said street to New Warrenton
road; thence with said road to junction with Old Warren-
ton road; thence with said road to Old Freeman Ford road ;
thence down the northeast boundary of said road to Kelley-
ville road; thence along west side of said road to M. A.
Mariner’s northeast line, within seventy feet of centre of
railroad ; thence at right angles two hundred feet on §S. D.
Embrey’s land; thence parallel with said railroad to Tin
Pot run; thence up said run to beginning.
3. G. W. Duey is hereby appointed mayor of said town,
and J. M. Caskie, 8S. D. Embrey, A. P. Stribling, P. B.
Lewis, B. F. Perrow, and H. C. Hickerson are hereby
appointed councilmen thereof, any five of whom shall
constitute a quorum for the transaction of business. Said
mayor and councilmen shall have power to levy such
taxes as the law allows: provided, that no tax on real or
personal property in said corporation shall exceed the
amount of twenty cents on the one hundred dollars
assessed value thereof. The present council shall] arrange
for an election, as prescribed by law, to be held on the
second Tuesday in January, eighteen hundred and ninety-
one, and that the election of mayor and council shall be
held on the second Tuesday in January of each year,
and shall remain in office until the first day of March after
the election, and thereafter until their successors are duly
qualified according to law.
4. The electors of said town shall be actual residents
thereof, and shall have been residents thereof for the
term of three months next preceding an election.
5. Said town shall be exempt from any road tax so long
as said town shall keep their roads in good order.
6. No license shall be granted to any person or persons
to sell wine, ardent spirits, malt liquors, or any mixture
thereof, alcoholic bitters, or fruits preserved in ardent
spirits, either by wholesale or retail, within the limits of
said corporation, or within one mile thereof, without writ-
ten consent of the council.
7. R. F. Hume has been duly appointed sergeant of
said town, with all the powers conferred upon him by law,
to hold office during term of present council, after which
time the council will appoint sergeant.
8. The town council shall not pass any ordinance re-
specting the running of through trains on the Virginia
Midland railroad within the limits of the corporation.
9. At the general election to be held in November,
eighteen hundred and ninety, the question submitting
to the freeholders living within the corporate limits of the
town as specified in this bill shall be “ for incorporation,”
‘against incorporation.” A separate ballot-box shall be
provided, and each ballot shall have written or printed
thereon, “for incorporation,” or “ against incorporation.”
The manner of receiving and canvassing the ballots cast
at said election and of making returns thereof shall con-
form to the state law so far as it can be made applicable
thereto.
The certificate of the judges of election shall be in the
following form or equivalent thereto:
We hereby certify that at the election held this day
of , eighteen hundred and ninety, for the precinct
of Rappahannock on the question of incorporating said
town, votes were cast for incorporation.
votes were cast against incorporation.
C D> Judges. ; x Clerks.
EF
If from said returns and abstracts duly made it shall
appear that a majority of the votes cast were for incor-
poration, said town is declared incorporated under the
provisions of this act. .
10. This act shal! be in force from its passage.