CHAP. 527.—An ACT to amend chapter 412, acts of 1887 and 1888,
entitled an act to incorporate the town of Estillville, in the county
of Scott, approved March 5, 1888,

Approved March 1, 1892.

1. Be it enacted by the general assembly of Virginia,
That chapter four hundred and twelve, acts of eighteen
hundred and eighty-seven and eighteen hundred and
eighty-eight, entitled: ‘An act to incorporate the town of
Katillville, in the county of Scott,” approved March fifth,
eighteen hundred and eighty-eight, be amended and re-
enacted so as to read as follows:

The town of Gate City, in the county of Scott, is hereby
made and constituted a town corporate, and shall include
the territory described by the following boundary lines—
to-wit: Beginning at the middle of the door-sill of the
front door of the court-house: of Scott county, and run-
ning south forty-four east, three poles and three links
to a set stone in the middle of Jackson street; thence
south forty-six, west one hundred and seven poles to a
set stone on the lands of Nannie M. Anderson, and
marked “A” on the plat of said town; thence north
forty-four, west eighty poles to a set stone and dogwood
on the lands of S. H. Morrison at “B”; thence north
forty-six, east two hundred and fourteen poles, passing a
few feet north of Poplar street to a black walnut and po
lar on the lands of the Gate City land company at “C”;
thence south forty-four, east one hundred and sixty poles
to a set stone near the intersection of Kane and E]m streets
at“D”; thence south forty-six, west two hundred and
fourteen poles to two beeches on the lands of H. W. Holo-
way, deceased, at “HE”; thence north forty-four, west
pighty poles to “A.” Said corporation may, by said name
of Gate City, sue and be sued, and shall have and exercise
all the powers conferred on towns by and be subject to the
provisions of chapter forty-four of the code of Virginia, so
far as they are consistent with this act, and shall be sub-
ject to all laws governing towns of less than five thousand
inhabitants, or which may be hereafter 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 in said
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 said election, and thence afterwards
until their successors are elected or appointed and quali-
fied: provided that the officers of said town holding at
the time when this act takes effect, shall continue to
hold and perform the duties of said offices under this act
until their successors are elected or appointed and quali-
fied at the next regular election to be held under this act.

5. The council shall have power to fill all vacancies of
any office which may occur by death, resignation or other-
wise, and may, for good cause, remove from office any
officer of said town. 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 the collection of taxes and levies,
made by the council of said town, as county treasurers
now have in the collection of revenue; and in the service
and return of all process, and in the collection of all
fines arising under the authority of this act, or under any
law or by-law made in pursuance hereof, he shall have
and possess the same rights and powers within the juris-
diction of said corporation as the sheriff of Scott county,
and shall be subject to like responsibilities, and shall be
entitled to like fees for like services, except that he shal]
not be entitled to commissions for collecting taxes and
levies, but his compensation therefor shall be included
injhis salary, which shall be fixed by the council of said
town.
7. The sergeant of said town, upon executing bond, with
good security, in the penalty of two thousand dollars be-
fore the county court of Scott county, with condition as is
required by law for constables, shall have power and au-
thority to execute any and all process within the jurisdic-
tion of said corporation that constables might execute in
the same manner, and shall receive like fees for like
services, and be subject to like liabilities, responsibilities,
and to the same extent that constables are by the laws of
this state. |

8. The mayor, recorder and each councilman of said
town shall and may exercise all of the jurisdiction of jus-
tices of the peace in matters both of a civil and a criminal
nature, and shall be invested with all of the powers and
duties authorized to be exercised by justices of the peace
under the laws of this state, and shall be entitled to like
fees and compensation for like services, and shal) be sub-
ject to like liabilities and responsibilities.

9. The mayor, and in case of his absence or disqualifi-
cation from service, the recorder, or any one of the coun-
cilmen ehall each have authority and jurisdiction to hear,
try, and determine all matters in controversy, either of
a civil or a criminal pature, and all matters under the
laws, by-laws, and ordinances of said town arising within
the jurisdiction thereof, and to issue any and all process,
whether original, mesne, or final, which may be neces-
sary to enforce their authority.

10. The officers of said town, in addition to their fees
fixed by law, shall receive for their services such compen-
sation as may, from time to time, be allowed by the coun-
cil of said town. |

11. The council of said town may lay a sufficient levy
annually for the purpose of defraying the expenses in-
curred by said town, or for the purpose of erecting build-
ings and making improvements deemed necessary by said
council: provided that the levy so laid shall not exceed
one hundred cents on the one hundred dollars’ worth of
property, and that no other property, trade, profession or
occupation shall be liable for taxation than that which is
so taxable by the laws of this state.

12. All taxes, general or special, assessed upon the lands
or lots within the limits of said town under this act are
hereby declared to be and constitute alien upon said lands
or lots in the hands of the owner, or his heirs, devisees,
assignees, or subsequent purchaeger, or other person claim-
ing the same, and may be collected from such subsequent
purchaser or other person entitled to such Jand or lot in
like manner as they might have been collected from the
owner or occupier.

13. The council of said town may prevent hogs, dogs,
and other animals from running at large within the limits

ved by Google
of said town, and may subject the same to such regulations
and taxes as it may deem proper.

14. In all cases in which the laws of this state or the
by-laws of said town require a license to be taken by any
person, firm, partnership, corporation or association to en-
gage in the pursuit of any business, occupation, trade or
calling, or for any other purpose, the council of said town
shall have power to require a license to be taken and a
license tax to be paid in all such cases for the benefit of
said town before such person, firm, partnership, corpora-
tion or association shall be permitted to pursue such busi-
ness, occupation, trade or calling within the corporate
limits of said town: provided that the council of said
town shall have power to require a license tax, not to ex-
ceed one thousand dollars in amount, to be paid for the
benefit of said town by any or all persons, firms, partner-
ships, corporations or associations before engaging in or
carrying on the business of rectifying, manufacturing or
distilling malt or alcoholic liquors, or of selling or. offer-
ing for sale by sample or otherwise wine, ardent spirits, or
malt liquors, or any mixture of any of’ them, 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 said town, or within two miles thereof.

15. The council of said town shall have power to pass
such laws, by-laws, and ordinances not in conflict with
the laws of this state as they may deem necessary for the
purpose of abating nuisances and for the prevention of the
erection and maintenance of the same; for the construc-
tion, maintenance and improvément and preservation of
sidewalks and street-crossings; for the opening, widening,
and improvement of streets, corners, and alleys; for the
better providing against loss by fire or other accidents;
for the improvement of the sanitary condition of said
town; to prevent the pollution of the water supply to said
town; for the better maintenance of peace, good order,
and quiet within the corporate limits of said town, and for
the general improvement and welfare of said town.

16. The mayor, and in his absence (or in case of his
disqualification to act), then the recorder or any one of
the councilmen of said town shall have power in cases of
violations of any of the by-laws or ordinances of said
town, to impose fines of not less than one dollar nor more
than one hundred dollars in amount upon any person
guilty of such violations, and to this end may issue any
and all necessary process, whether original, mesne, or
final, and for all violations of the Jaws of this state com-
mitted within the corporate limits of said town or within
one-half mile thereof, the said mayor, recorder, or coun-
cilman shall have power, and it shall be their duty to dis-
pose of, subject to the same laws and with like jurisdic-
tion as that conferred upon justices of the peace.

17. The criminal jurisdiction of the officers of said town
shall extend one-half mile beyond the corporate limits of
said town. All fines imposed by the mayor, recorder, and
councilmen of said town shall be for the benefit of said
town.

18. For the purpose of carrying into effect the police
regulations of said town, the town shall be allowed the
use of the county jail of Scott county for the safe-keeping
and confinement of all persons who shall be sentenced to
imprisonment under the ordinances of said town; and
all persons so confined shall be under the custody and
charge of the jailer of said county, who shall receive,
keep and discharge the same in such manner as shal! 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 per-
sons 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 regulations
and restrictions as said council may prescribe.

19. The said council shall have power to elect and ap-
point 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 of officers after his
appointment.

20. All property, trades, occupations, business occupa-
tions, professions or callings now taxed by the general
law of this state may, in the discretion of said council,
be liable for taxation.

21. No officer elected under this act or appointed under
the nineteenth section, shall enter upon the discharge of
the duties of his office till he shall have first been duly
qualified and taken the usual oath of office.

22. 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 administer-
ing to each person elected or appointed the oaths pre-
scribed by law.

23. All acts and parts of acts in reference to said town
of Gate City inconsistent with this act are hereby repealed.
The said town shall keep its streets in good repair, and
pave or macadamize the same as fast as it can under the
rate of taxation allowed and other duties imposed, and
may require all persons liable to work on roads within said
town to work on said streets under the provisions of the
road law applicable to Scott county: provided that all
persons living within the corporate limits of said town,
ACTS OF ASSEMBLY.
who shall be required to work on the streets of said town
under the provisions of this act, or to pay a tax on property
in said town, real or personal, for that purpose, shall be
exempt from the payment of any county road tax in Scott
county.
24. This act shall be in force from its passage.