CHaP. 697.—An ACT to amend and re-enact the charter of the
town of Martinsville, in the county of Henry.

Approved March 8, 1992.

1. Be it enacted by the general assembly of Virginia,
That the act approved the sixteenth day of January, eigh-
teen hundred and seventy-three, entitled an act to incor-
porate the town of Martinsville, in the county of Henry,
and all acts amendatory thereof since passed, be amended
and re-enacted so as to read as follows:

CHAPTER I.

The town of Martinsville, in the county of Henry,
chartered by an act of the general assembly of Virginia
passed January sixteenth, eighteen hundred and seventy-
three, and acts amendatory thereof since passed, shall by
that name continue, and by name shall have and ex-
ercise all the powers and be subject to all the duties which
now belong to the said town, and have.all the powers and
be subject to all the provisions of the existing laws with
regard to towns of less than five thousand inhabitants,
except so far as the same may be changed and modified
by this charter.

2. The mayor and councilmen of said town now in
office, and their successors, shall continue to be a body
politic and corporate by the name and style of the town
of Martinsville, and by that name and style shall have
perpetual succession, with the power in that name and
style to sue and be sued, plead and be impleaded, in any
of the courts of law or equity of this commonwealth, or
before any justice of the peace of this county who has ju-
risdiction, with the same right of appeal as in case of in-
dividuals. The said town, by this name and style, shall
have authority to purchase, receive and hold lands and
tenements, goods and chattels, either in fee simple or any
less estate therein, and shal] have power the same to lease,
give, grant and assign, or sell the same: provided the sale
or purchase of real or personal property shall be by a two-
thirds vote of the whole council, where the mayor does not
assent thereto, and may place improvements on said real
estate.

3. The boundaries of said town shall be as follows, to-wit :
Beginning at mile-post number forty-two on the Danville
and Western railroad; thence south eighteen degrees east
three hundred yards to the southeast corner of Sallie C.
Booker’s lot on the turnpike; thence south fifteen degrees
west eighteen hundred and ninety-eight yards to a poplar
tree on the south bank of the Thomas branch; thence north
sixty degrees west nine hundred and thirty yards to a
pine tree on a ridge; thence north forty degrees west nine
hundred yards to J. B. Lavinder’s corner on turnpike, near
the branch; thence north twenty-six degrees and thirty
minutes west twelve hundred and ten yards to Jackson
Este’s corner on Waller’s ford road; thence north fifty-
four degrees east three hundred and ten yards to Marshall
Hairston’s fence corner on Jones’s path; thence north
sixty-one degrees east nine hundred and eighty-eight
yards to mile post number forty-four on Danville and
Western railroad; thence to Poplar spring branch and up
the same, as it meanders, seventeen hundred and twenty
yards to said mile post forty-two, the beginning.

4. The administration and government of said town
shall be vested in one principal officer, to be styled the
mayor, eight other trustees, who shall constitute the coun-
cil of said town, and such officers and agents as may be
appointed by the council. The mayor and members of
the council shall have resided in said town twelve months
and be elected from among the electors of the town, and
elected by the qualified voters who shall have resided
within the corporate limits of said town one year pre-
vious to the election, which shall take place on the fourth

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“hursday in May, eighteen hundred and ninety-two, and
very two years thereafter. The said mayor and council-
nen shall hold their offices for the term of two years, com-
nencing on the first day of July next after their election,
1nd afterwards until their successors shall qualify, and
members of the council shall receive no pay. And in the
aid council so composed, any five of whom shall consti-
‘ate a quorum for the transaction of business, shall be
rested the corporate powers of said town, and which shall
26 known as the council of the town of Martinsville.

5. The mayor and all other municipal officers of the
said town, before entering upon the duties of their re-
spective offices, shall be sworn in accordance with the
laws of the state by any one authorized to administer
oaths under the laws of the state. If any person elected
to any office fail to qualify before the first day of July
next after such election, or any person appointed to any
office by the mayor or council fail to qualify within thirty
days after his appointment, or if any officer shall fail to
give bond, with approved security within thirty days from
the commencement of his term, as required to do, pay-
able to the town of Martinsville, Virginia, the office shall
be deemed vacant.

CHapter II.

6. Mayor.—The mayor shall preside over the delibera-
tions of the council and be entitled to one vote in case of
a tie. His salary shall be fixed by the council and shall
not be diminished during his term of office, and shall be
entitled to the like fees of a justice of the peace in civil
and criminal cases.

7. The mayor shall, by virtue of his office, possess all
the jurisdiction and exercise all the power and authority
in civil and criminal cases arising in said town or in one
mile of corporate limits of a justice of the peace of Henry
county, in addition to the power given him by this act.

8. It shall be the duty of the mayor to make to the
council at the commencement of each month a written
statement of all the fines imposed, the amount, and the
offence, and the person or persons convicted; any fines re-
ceived by him, to pay in the same to the sergeant, and
shall annually, at the commencement of each fiscal year,
or oftener if required by the council, make a statement of
the condition of the town in relation to its government,
finances and improvements, with such recommendations
as he may deem proper.

9. The mayor shall exercise aconstant supervision over
the conduct of all subordinate officers, have power and
authority to investigatestheir acts, have access to all books
and documents in their offices, and may examine said
officers {and their subordinates on oath. He shall alsc
have power to suspend or remove any officer for miscon-
duct in office or neglect of duty, but no such removal! shall
be made without reasonable notice to the officer com-
plained of and an opportunity be afforded him to be heard
in his defence. On the removal or suspension of such
officer, the mayor shall report the same to the town coun-
cil at their next stated mecting for their consideration, but
in no case shall it be final until ratified by a majority of
the whole council.

10. In case he deems it expedient the mayor may ap-
point and swear in special policemen for any occasion,
provided they shall not serve longer than three days at a
time, and receive no higher compensation than one dollar
per day.

11. In case of the absence or inability of the mayor, the
president of the council shall possess the same power and
discharge the municipal duties of the mayor during such
absence or inability, and in case of his absence or inabil-
ity, such other member of the council shall act as mayor
as may be designated and selected by the council and
shall have the same power as the mayur.

12. The mayor shall have jurisdiction to hear and deter-
mine all matters and controversies arising under the laws,
charter and ordinances of said town. He shall enforce
the laws and ordinances of said town, and all orders and
resolutions of the council and all violations of state laws,
any of which offences are committed in said town, or
within one mile of the corporate limits, and for that pur-
pose may impose such fines and penalties, costs, and in-
flict such other penalties as may be provided by the laws
and ordinances of said town. The mayor may issue any
and all proper process, whether original, mesne or final,
which may be necessary to enforce his judgment and au-
thority. He shall by virtue of his office of mayor of the
town of Martinsville, be a justice of the peace of Henry
county.

13. The mayor alone shall have authority to issue his
warrant and try parties for the violation of town charter
or ordinances, except where he is interested or absent, the
offender shall then be tried by the president of the coun-
cil, or in case he is also interested or absent, by some
member of the council designated as aforesaid.

14. In case a vacancy shall occur in the office of mayor,
the town council shall fill the same from their own num-
ber, or by the election of any other citizen of the town.

15. The mayor may at any time have acalled meeting
of the town council.

16. The mayor may impose a fine of not over one dollar
on any member of the council who fails to attend, who
has no valid excuse.
17. The mayor shall have authority to issue executions
for fines and to enforce his judgment in civil cases. And
be may issue capias profines for all fines due said town
and the commonwealth, and imposed by the corporate
authorities.

18. The mayor may punish any person or member of
the council attending a meeting of the council, or a
mayor’s court, for disorderly behavior or contempt, by fine
or imprisonment, or both: provided the fine shall not
exceed twenty-five dollars and the imprisonment ten days.

19. The mayor shall have power to administer oaths of
office to any of the town officers or oaths to other persons.

20. The mayor shall, thirty days before any election,
certify to the clerk of the county court a list of all per-
sons convicted of any offence during his term of office
and for twelve months last passed, which would disqualify
them from voting, and state the offence for which they
have been convicted.

Chapter III.

21. Town council.—The town council shall annually
elect one of its members to act as president, who shall
preside in the absence of the mayor, and have such power
as this charter confers on him.

22. The council may at any time be convened by the
order in writing of any four members directed to the
clerk of the council, who, through the sergeant, shall
notify the mayor and councilmen.

23. The council shall fix the time for their stated meet-
ing, which shall be public, except when the public welfare
shall require secrecy, and no business shall be transacted
at a special meeting but that for which it was called.

24. The council shal] have all the general powers vested in
it by the laws of this state in addition to the powers given
by this charter.

25. The council shall fix and determine the place where
all elections provided for by this act shall be held, and in
case of special election notice of the time, place and pur-
pose thereof shall be published for four weeks in some
newspaper published in the town of Martinsville, if any
such, and posted at front door of Henry court-house. The
electoral board for Henry county shall appoint three per-
sons from among the qualified voters of said town, who
shall act as judges of election, and they may appoint two
clerks, and conduct the election and count the ballots, and
so forth, as provided by state laws. The judges of election
shall, on the day after the election, by one of their num-
ber deliver the ballots and the returns, sealed, to the clerk
of the council, and he shall, on the following day, deliver
the same to the three commissioners, who shal! be appointed
by said electoral board, annually, from the qualified
voters, and they shall canvass the returns and report to the
mayor and council, which report shall be filed with the
said clerk. AJ] contested elections held under this char-
ter or the by-laws of said town, shall be determined as
directed by Jaw in cases of contested county elections; but
in any case where any two or more parties receive the same
number of votes for any office, the said commissioners
shall decide by lots who is entitled to the office.

26. The council shall aid the mayor in compelling the
attendance of absent members, and may, by a three-
fourths vote, remove or expel a member of the council or
any town officer for malfeasance or misfeasance in office,
and the removal of any member of the council or town
officer from the corporate limits of said town, shall vacate
his office.

27. No ordinance shall be passed or resolution adopted
having for its object the appropriation of money, except
by the concurrence of at least five members of the council.

28. The town council shall have, subject to the pro-
visions of this act, the control and management of the
fiscal and municipal affairs of the town, and of all pro-
perty, real or personal, belonging to said town; and it
shall have power to make such ordinances, by-laws and
regulations relating to same as they may deem necessary
to carry out the powers vested in them by this charter.

29. The council may establish or enlarge water-works,
gas-works, telephone or electric lights or plants, or street-
cars, or contract with other parties for building of the
same within or without the limits of the town, to contract
and agree with the owners of any land for the use and
purchase thereof, or have the same condemned according
to law, for the location, extension or enlargement of their
said works, the pipes or wires connected therewith, or any
of the fixtures or appurtenances thereof, and shall have
the power to protect from injury, by ordinance prescrib-
ing adequate penalties, the said works, pipes, wires, fix-
tures and land, or anything connected therewith, whether
within or without the limits of said town.

30. The council may open, close or extend, widen or
narrow, lay out, graduate, curb, gutter and pave and other-
wise improve streets, sidewalks and public alleys in said
town, and have them kept in good order properly lighted ;
and over any street or alley in said town, which has been
or may be ceded or conveyed to the town by proper deed,
they shall have like power and authority as over other
streets and alleys; they may build bridges in, and cul-
verts under said streets, and may prevent or remove any
structure, obstruction or encroachment over or under, or
in any street, sidewalk or alley in said town, and may
permit shade trees to be planted along side streets; but
no company shall occupy with its works, or any appurte-
nances thereof, the streets, sidewalks or alleys of the town,
without the consent of the council, duly entered upon its
record. In the meantime no order shall be made and no
injunction shall be awarded by any court or judge, to stay
the proceedings of the town, in the prosecution of their
works, unless it be manifest that they, their officers,
agents or servants, are transcending the authority given
them by this act, and that the interposition of the court
be necessary to prevent injury that cannot be adequately
compensated in damages.

31. To prevent the cumbering of streets, sidewalks,
alleys, lanes or bridges in the town, in any manner what-
ever, and may give names to, or alter the names of, any
street in said town.

32. The town council shall not take or use any private
property for streets or other public purposes without
making to the owner thereof just compensation for the
same; but in cases where the council cannot, by agree-
ment, obtain title to the ground for such purposes, it shall
be lawful for said council to apply to and obtain from the
circuit or county court of Henry county for authority to
condemn the same, which shall be applied for and pro-
ceeded with according to law.

33. In every case where a street in said town has been
or shall be encroached upon by any fence, building or
otherwise, the council may require the owner (if known,
or if unknown, the occupant of the premises encroaching)
to remove the same; and if such removal be not made
within the time prescribed by the council, they may im-
pose a penalty of five dollars for each and every day it is
allowed to continue thereafter, and may cause the en-
croachment to be removed, and collect from the owner all
reasonable charges therefor with costs, by the same pro-
ceas they are empowered to collect taxes. No encroach-
ment upon any street, however long continued, shall con-
stitute any adverse possession to or confer any rights
upon the person claiming thereunder as against the said
town.

34. Whenever any street, alley or Jane in said town shall
have been opened ‘to and used as such by the public for
the period of two years, the same shall thereby become a
street, alley or lane for public purposes, and the council
shall have the same authority and jurisdiction over and
right and interest therein as they have by law over the
streets, alleys and lanes laid out by them, and any street
or alley reserved in the division or subdivision into lots
of any portion of the territory within the corporate limits
of said town by a plan or plat of record, shall be deemed
and held to be dedicated to public use, unless it appears
by said record that the street or alley so reserved is de-
signed for private use. But upon a petition of a majority
of the persons interested therein, the council shall have
power to open the same for the use of the public.

35. Whenever any new street shall be laid out, a street
or sidewalk graded or paved, guttered or curbed, a culvert
built, or any other public improvements whatsoever made,
the council shall determine what portion, if any, of the
expenses thereof shall be paid out of the town treasury,
and what portion by the owners of real estate benefited
thereby; but no such public improvements shall be made
to be defrayed in whole or in part by a local assessment,
until first requested by petition signed by at least a ma-
jority of the owners of property to be assessed for such
improvements, or unless two-thirds of the entire council
shall concur in voting any improvements to be expedient,
or in determining to make the same after allegations have
been heard, in which case no petition or request shall be
necessary. The council shall have the same power to col-
lect such local assessments for improvements as is vested
in them for the collection of taxes.

36. No barb wire fence shall be allowed on any street or
alley in said town, and any person having same shall be
requested to remove same at once, and pay five dollars for
each day the same remains after being requested to remove
same.

37. The council shall have authority and power to estab-
lish and maintain a proper system of sewers and drains
for said town, to make or construct sewers or public ducts
through said town or wherever else within and around the
town it may be deemed expedient, and regulate the method
and terms upon which persons owning property abutting
on the streets may be allowed or compelled to connect their
property therewith.

38. To require and compel the abatement and removal
of all nuisances within said town, at the expense of the
person or persons causing the same, or the owner or owners
of the ground whereupon the same shall be. To prevent
and regulate slaughter houses, livery stables, soap and
candle factories within said town, or the exercise of any
dangerous, offensive, or unhealthy business, trade, or em-
ployment therein, and to regulate the. transportation of
coal and other articles through the streets of said town.

39. To direct the location of all buildings for storing
gunpowder and other combustible substances, and to regu-
late the sale and use of gunpowder, fire-crackers, or fire-
works manufactured or prepared therefrom, kerosene oil,
nitro-glycerine, camphene, burning fluid, or other combus-
tible material. To regulate the exhibition of fire-works,
the discharge of fire-arms, the use of lights and candles
in barns, stables, and other buildings, and to restrain the
making of bon-fires in streets and yards of said town.
40. To prevent hogs, dogs and other animals from run-
img at large in said town, and may subject. the same to
uch confiscations, regulations and taxes as they may
.ee@m proper.

41. To prevent the riding or driving of horses or ani-
Nals at any improper speed, throwing stones, or the
Mgaging in any employment or sport on the streets,
ide-walks or public alleys dangerous or annoying to pas-
engers, and to prohibit and punish the abuse or cruel
reatment of horses or other animals in said town.

42. To restrain and punish drunkards, vagrants and
street beggars; to prevent vice and immorality; to pre-
serve the public peace and good order; to prevent and
yuell riots, disturbances and disorderly assemblages; to
suppress houses of ill-fame and gambling houses; to pre-
vent and punish lewd, indecent and disorderly conduct or
>xhibitions in said town, and to expel therefrom persons
suilty of such conduct who have not resided therein as
much as one year.

43. To prevent, forbid and punish the selling or giving
|iquors and intoxicating drinks to be drunk in any public
place not duly licensed, and the selling or giving to be
drunk any intoxicating liquors or cigarettes, cigars or to-
bacco to any child or minor without the consent in writ-
ing of his or her parents or guardian; and for any viola-
tion of any such ordinance may impose fines in addition
to those prescribed by the laws of this state.

44. To prevent the coming into the town of persons hav-
ing no ostensible means of support, and of persons who
may be dangerous to the peace and safety of the town.

45. Any member of said council being voluntarily ab-
sent from its meetings consecutively for three months, the
seat shall be deemed vacant, and the unexpired term shall
be filled according to law.

46. The council shall from time to time as necessity may
demand, and promptly when so required by any land-
owner or proprietor interested therein, establish a grade
line for all the streets, alleys and sidewalks of said town,
and which shall appear and be evidence by profile and
map, to be recorded and preserved by the council, and
when so established shall not be changed except by a
unanimous vote of the council.

47. Where, by the provisions of this act, the council
have authority to pass ordinances on any subject, they
may prescribe any penalty not exceeding five hundred
dollars and confinement in jail not exceeding ninety days
for a violation thereof, and may provide that the offender,
on failing to pay the penalty recovered, shall be impris-
oned in the county jail of Henry county for a term not
exceeding ninety days, which penalties may be prosecuted
and recovered with costs in the name of the town of Mar-
tinsville, or shall compel them to work on the streets or
other public improvements in said town, to pay said fines
and costs.

48. The council may organize a chain-gang in conform-
ity with law in said town, with rules and regulations for
its government.

49. To prescribe limits within which no buildings shall
be constructed, except brick, stone or other incombustible
material with fire-proof roof, and to impose a penalty for
violation of such ordinance, and shall have authority to
inspect buildings and condemn such as are unsound and
unsafe.

50. The council may by ordinance make such regula-
tions not inconsistent with laws as they may deem expe-
dient in relation to the erection and alteration of wooden
buildings outside the building limits, and may regulate
the building, management and inspection of elevators,
hoist-ways and elevator shafts in the town.

51. The council may require each male person above the
age of sixteen years to work two days on the public streets
of said town, and if they fail to do so in person or by
proper substitute as directed by the officer having the
matter in charge, they shall within ten days pay to the
sergeant seventy-five cents for each day they fail to work ;
upon their failure to do so they may be fined the sum of
two dollars and fifty cents, and compelled to work out the
same, and costs if not paid, on the streets of said town at
the rate of fifty cents per day, and if the sergeant deems
best the said parties may be held in custody until said
fine and costs is worked out or paid.

CHAPTER IV.

52. The council shall appoint annually a sergeant, a
clerk and acommissioner of the revenue for the said town,
and such other policemen and such other officers and
agents for the proper conduct and business of the town as
may be necessary; shall fix their compensation and pre-
scribe their duties where this charter does not, and re-
quire from any or all of them such bonds as may be
deemed proper, payable to the town, in its corporate name,
conditioned for the faithful discharge of their duties,
which shall be executed before the mayor and approved
by the council. The terms of each of said officers shall
expire on the thirtieth day of June of each year after their
appointment, and any of said officers, with the consent of
the council, may nominate and appoint a deputy or depu-
ties, who shall have all the power and authority of their
principal.

53. In all cases of vacancies in any office, they may be
filled by the council.
54. The sergeant of said town, who shall from time to
-ime be appointed under this act, shall have the like rights
»f distress, and such power for the collecting the taxes
2nd levies made by said council as county treasurer in
3imilar cases, and shall be entitled to the same or the like
fees and commissions, and in the services of process,
arrest of parties and the collection of fines arising under
authority of this act, or of any by-laws or ordinances
made in pursuance hereof, he shall have and possess the
Bame rights and powers and be entitled to the same or
like fees and commissions as are now allowed by law to
the sheriff for similar services. He shall report annually
im the month of July all delinquent taxes, usurious as-
sessments and insolvents to the town council.

55. The sergeant of said town may execute before the
county court of Henry county a bond in the penalty of
two thousand dollars, with approved security, by said
court, and conditioned and payable as bonds of constables
are now required by law; and upon giving such bond and
qualifying in court he shall, by virtue thereof, have all
the powers and be subject to all the liabilities of a con-
stable of Henry county, both within said town and county.

56. The sergeant shall have power to execute all writs
and processes, criminal and civil, original, mesne or final,
legally issued by the duly authorized officers of said town
anywhere in said town or county, and to serve notices and
other papers in pais, usually served by executive officers.
He shall be a conservator of the peace, and shall have
authority to arrest parties for violation of law or town
ordinance, in his presence, or who are escaping or pre-
paring to escape, without any process or warrant so di-
recting him to do, and so shall any policeman of said
town.

57. The sergeant shall be the treasurer for said town.
He shall execute bond before the mavor subject to the
approval of the council, payable to said town, in such
penalty as the council may determine with approved
security. He shall hold and receive the moneys belong-
ing to the said town; shall pay out the same upon war-
rants signed by the mayor and countersigned by the clerk
of the council, and shall make monthly reports to the
council of his receipts and disbursements during that
month and the balance in his hands, and shall make a
full settlement with the council or its committee at the
end of each year, and oftener if required; and if he so
fails to settle, he may be fined by the mayor the sum of
one hundred dollars, and he shall be ineligible to said
office.

58. The sergeant, as treasurer, shal] keep his books,
papers and accounts in such manner as the council may
prescribe, and they shall, at all times, be open to the in-
spection of the mayor and council or any committee
thereof. He shall keep a register of all warrants paid,
their number, date, amount, to whom and when paid, and
surrender them on receipt of the mayor and clerk upon
his final settlement. He shall keep the town’s money in
such bank as the council may designate, deposited to his
credit as treasurer, and shall not use the same or any part
for his private use or purposes of others; if he does, he
may be fined by the mayor one hundred dollars and re-
moved from office.

59. The town council shall grant and pay town officera,
clerks and assistants, elected or appointed in pursuance
of this act, such salaries or compensation as the said
council may from time to time deem just and proper, or
shall be fixed by this act.

60. If any person, having been an officer of said town,
shall not, within ten days after he shall have vacated or
been removed from office, and upon notification or request
of the town clerk within such time thereafter as the town
council shall allow, deliver over to his successor in office
all property, books and papers in his custody or under his
control, he shall forfeit and pay to the town the sum of
two hundred dollars, to be sued for and recovered with
costs, and may be fined by the mayor fifty dollars in ad-
dition, and all books, records and documents used in any
such office, by virtue of any provision of this act or of
any ordinance or order of the town council, or any supe-
rior officer of said town, shall be deemed the property of
said town and appertaining to said office, and the chief
officer thereof shall be responsible therefor.

61. The police force shall be under the control of the
mayor for the purpose of enforcing peace and order, exe-
cuting the laws of the state and the laws and ordinances
of the town. They shall perform all such duties as the
council may prescribe. Each policeman of said town
shall be a conservator of the peace, and be endowed with
all the powers and rights of a constable in criminal cases,
and all other power that may be necessary to enable them
to discharge their duties. Regulations for them may be
established by the council.

62. The council shall appoint a clerk, who shall attend
all meetings of the council, and keep a record of its pro-
ceedings in a bound book. He shall make out certificate
of elections for mayor and councilmen, and shall have cus-
tody of the corporate seal, and all records and papers be-
longing to council, and shall publish such reports and
ordinances as directed by the council, and shall perform
such other acts and duties as the council may from time
to time require of him.

63. The county electoral board shall annually appoint
a registrar, whose duty it shall be to register every quali-
.d voter who has resided within the corporate limits of
id town one year, in a book as prescribed by the laws of
.e state in case of registrars for the county.

64. The council shall appoint one commissioner of the
venue of said town, who shall give bond before the
ayor with approved security, subject to the approval of
1e council, payable to the town, in such penalty as the
suncil may determine.

65. He shall assess annually, as county assessors are re-
uired to do, all real and personal property in said town, and
a the case of real estate, his aseessment shall be based on
he assessment for state and county purposes. In all
ases where a license tax is required to be paid by the
own authorities upon payment of the amount of the tax
o the proper officer the said commissioner shall issue the
icense therefor.

66. The council may establish a fire department, and to
.ppoint all necessary officers, make such regulations for
heir government, and prescribe such duties in case of fire
yr alarm of fire as may be necessary.

67. No person shal] be eligible to any office in said town
inless he is a qualified voter therein.

68. At each meeting of the council the proceedings of
the last meeting shall be read to the council and be cor-
rected, if erroneous, and signed by the person presiding
for the time being. Upon the call of any, the ayes and
noes on any question shall be recorded in the journal.

69. The mayor and council of the said town shall be en-
titled to the use of the town hall in the court-house build-
ing for holding mayor’s court, council meetings and for
meetings of the citizens of the town proper for public pur-
poses.

. CHapTer V.

70. Finances.—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, on all real and
personal property and other things or business in said
town, which on no property shall exceed fifty cents on the
hundred dollars valuation, except that on a petition of
freeholders representing two-thirds of the valuation with-
in the corporation, the council may levy a corporation tax
not to exceed seventy-five cents on the hundred dollars of
valuation. The poll tax shall not exceed fifty cents on
each male person in any one year.

71. Nothing in this act shall be construed to exempt
property from all or any county levies levied or to be
levied in Henry county, nor shall there be so exempt any
person or property in said county on which county levies
are now or may hereafter be made.
7%. The council may levy a tax for town purposes on
water, gas-lights, electric-lights, use of telephones, street-
cars, on license to agents of fire, life, and accidental insur-
ance companies, whose principal office is not located in said
town ; to auctioneers, to public theatrical or other perform-
ances or shows, to keep a billiard-table and ten-pin alleys,
to hawkers and peddlers, to agents for the renting of real
estate, to commission merchants, to lumber and coal deal-
ers, fertilizer agents, hotel and boarding-house keepers,
merchants, tobacconists, tobacco dealers, warehousemen,
banks, druggists, and may impose a license tax for the
town on any business, employment, or profession, or agent
in all cases, whether one is imposed by the state for state
purposes or not, and may impose whatever license tax
they may deem best, whether the same is in excess of that
imposed by the state or not.

73. Any payment of taxes made by the tenant, unless
under an express contract contained in his lease, shall be
a credit against the person to whom he owes the rent.

74, The council may require the owners or keepers of
wagons, drays and carts, using them in the town for hire,
to take out a license therefor, and may assess and require
taxes to be paid thereon, and subject the same to such
regulations as they may deem proper, and may prescribe
their fees and compensation.

75. All goods and chattels whatsoever found may be dis-
trained and sold for taxes assessed and due thereon, and
no deed of trust nor mortgage upon goods and chattels
shall prevent the same from being distrained and sold for
taxes assessed against the grantor in such deed.

76. There shall be alien on real estate for the town
taxes as assessed thereon from the commencement of the
year for which they are assessed. The council may require
real estate in the town, delinquent for the non-payment
of taxes due said town, to be sued for said taxes by the
sergeant, with interest thereon at the rate of ten per
centum per annum and the cost of sale. The real estate
so sold may be redeemed as provided by the general laws
of the state.

77. The town council may in the name and for the ben-
efit of the town, contract loans, or cause to be issued cer-
tificates of debts, or bonds, for water, lights or any other
improvement in said town: provided no such certificates
of debts or bonds shall be issued by the council without
being first authorized by three-fourths of the freehold
voters of said town, and a majority of the registered voters,
and approved by two-thirds of the whole council; said
certificates of debt or bonds shall run for a period of
thirty-four years, and shall bear no rate of interest in ex-
cess of six per centum perannum. In no case shall the
indebtedness of said town exceed twenty per centum of
the assessed value of real and personal property.

78. No contract with said town shall be let to the mayor
or any member of the council, and they shall have no in-
terest therein. Whenever there shall be contracted by the
council any debt not payable in one year thereafter, there
shall be set apart annually for thirty-four years, or until
the debt is paid, a sum not less than one per centum of
the amount of any debt in addition to the annual interest
thereon, which sums shall be applied and invested towards
the payment of said debt.

79. The town of Martinsville, and the officers thereof,
shall be clothed with all the powers, and be subject to all
the provisions of the general laws of this state, except in so
far as the same are in conflict with the provisions of this
act.

80. The council may enact and ordain such ordinances,
regulations and by-laws as they may deem necessary and
proper for the interest and general good, safety, health
and convenience of said town or the inhabitants thereof;
to protect life, limb and character of the citizens, and to
prevent and protect property, private or public, and to
carry out the provisions of this charter, and to that end
may provide for the punishment of all violations of the
ordinances, by-laws and charter of this town, by fine or
imprisonment, or both. The accused shal! have the right
of appeal to the county court in all cases of imprisonment
or when the fine exceeds ten dollars, outside of the cost.
The authorities of the town shall have the right to use the
county jail, whenever it may be needed by them for the
proper custody of prisoners. Whenever a judgment may
be rendered against any party for a fine, on the direction
of the mayor, or when a fieri facias issued for the fine is
returned no effects, the person so fined shall be taken in
custody by the sergeant or any policeman and compelled
to work on the streets or public works of said town, at the
rate of fifty cents per day until the fine and cost are paid:
provided that no party shall be held in custody for a fine
longer than six months, and shall be shod, clothed and fed
by the town authorities while held in jail.

81. Any town process may run in the name of the com-
monwealth, but all warrants issued and tried by any officer
for violations of any state laws, or corporation laws, ordi-
nances, or charter, shall run in the name of the common-
wealth, and be directed to the sergeant or any police-
man of the town, but when the offence is against any
town ordinance or law, and so forth, the offence shall be
so stated in the warrant, and the recovery shall be in the
name of the town of Martinsville; and fieri facias and
capias profine may be issued for its recovery. No offence
against the laws of the town shall be charged and em-
braced in the same warrant with any offence against the
laws of the commonwealth. When there is any offence
which is a violation of both town and state laws, and the
accused is acquitted or convicted of a violation of the town
Jaws by the town authorities, the same may be pleaded in
bar of any trial or conviction by the state authorities.

82. All acts and parts of acts inconsistent with this are
hereby repealed.

$8. This act shall be in force from the time of its pas-

sage.