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
Law Body
Chap. 299.—An ACT to amend and re-enact an act to incorporate the town of
Blackstone, in Nottoway county, Virginia, approved February 23, 1888.
Approved February 19, 1894.
Be it enacted by the general assembly of Virginia, That an act
entitled an act to incorporate the town of Blackstone, in Notto-
way county, Virginia, approved February twenty-third, eighteen
hundred and eighty-eight, be amended and re-enacted so as to read
as follows: ;
CHAPTER I.
1. Be it enacted by the general assembly of Virginia, That the
town of Blackstone, in the county of Nottoway, as the same has been
heretofore by survey known as Rives’ survey, of record in the clerk’s
office for the county of Nottoway, or may hereafter be laid off in lots,
streets and alleys, shall be, and the same hereby is, made a town
corporate by the name of Blackstone, and by that name shall have
and exercise the powers conferred upon towns by the fiftv-fourth
chapter of the code of Virginia, eighteen hundred and eighty-seven,
and be subject to all laws of the state of Virginia now in force, or
that may hereafter be enacted, for -the governmentof towns of less
than five thousand inhabitants, so far as the same are not inconsist-
ent with the provisions of this act.
2. The boundaries of said town shall be as follows: Taking a point
three hundred feet due south of the centre of the main street at its
intersection with the centre of the main line of the Norfolk and
Western railroad, running a line through said point so found south
forty degrees west one-half mile, making the long diameter of said
town one mile; then running a line through said point so found at
right angles with line north fifty degrees west one-fourth mile;
thence extending said line south fifty degrees east one-fourth mile,
thus making the short diameter of said town one-half mile, thus
forming a rectangle composing the boundaries of said town.
3. The administration and government of said town shall be vested
in one principal officer, to be styled the mayor; one board, to be
called the council of the town of Blackstone, and in such other boards
and officers as are hereinafter mentioned or may be provided by the
council.
4. The municipal officers of said town shall consist of a mayor, a
treasurer, seven councilmen, a clerk of the council, a sergeant, a
commissioner of the revenue and one justice of the peace, subject to
the qualification contained in the next section.
5. An election for municipal officers shall be held on the first
Monday in June.of each year, the polls opening at twelve o’clock
meridian and closing at six o’clock post meridian. The sergeant,
clerk of the council and commissioner of revenue shall be appointed
by the council at its first regular meeting in July, and at the regular
July meeting in each year thereafter; and until the council by reso-
lution order otherwise, it shall be lawful for any officer elected by
the council or by the people to fill two or more of the offices re-
quired by this act, subject to the same penalties, liabilities and re-
quirements as if said officers held each of said offices singly, except
that neither the mayor nor any councilman shall hold any other of
said offices except that of clerk of the council; and until said council
order otherwise, there shall be elected at said annual election a
mayor, councilmen and justice of the peace only. All of said officers
shal] hold office until their successors are elected and qualify, sub-
ject to any provisions hereinafter made for removal from office.
Said election shall be conducted under the provisions of the general
election laws of this state.
6. The mayor and all other municipal officers of said town, before
entering upon the duties of their respective 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
or appointed to any office in said town shall neglect to take such
oath before the day on which he is to enter upon the discharge of
the duties of his office, or shall for twenty days after the beginning
of his term of office, fail to give such securities as may be required
of him by the council of said town, he shall be considered as having
declined said office, and the same shal! be declared vacant, and such
vacancy shall be filled as prescribed in section two of chapter four
of this act.
1. Mayor.—The mayor shall be elected by the qualified voters of
the town of Blackstone for the term of one year. His salary shall
be fixed by the council of said town, and his salary shall not be
diminished during his term of office.
2. He shall, by virtue of his office, preside over the meeting of the
council, try and determine all causes arising under this charter, or
any ordinance or regulation passed by the council, voting only in
case of a tie, and possess all the jurisdiction and exercise all the
power and authority in criminal cases of a justice of the peace of
said town, in addition to powers given him by virtue of this act.
3. It shall be his duty to communicate to the town council an-
nually, at the beginning of each fiscal year, or oftener, if he shall
be required by said council, a general statement of the condition of
the town in relation to its government, finances and improvements,
with such recommendations as he may deem proper.
4, He shall exercise a constant supervision over the conduct of all
officers of the town other than the council; have power and authority
to investigate their acts; have access to all books and documents in
their offices, and may examine said officers and their subordinates
under oath. He shall have power to suspend or remove such officers
for misconduct in office or neglect of duty; but no such removal
shall be made without reasonable notice to the officer complained 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 council at their next stated meeting for their con-
sideration; but in no case shall it be final until ratified by two-
thirds of the whole council.
5. In case of the absence or inability of the mayor, the president
pro tempore of the council, to be chosen by a majority of the coun-
cil present at a legal meeting, or, in his absence or inability, some
other member, chosen in the same manner, shall possess the same
power and discharge the municipal duties of the mayor during such
absence or inability.
6. In case a vacancy shal! occur in the office of mayor, the same
shall be filled in the manner hereinafter provided in section two of
chapter four of this act.
7. The mayor, or any three members of the council, may call a
meeting of the council.
CuapTer III.
1. Town council.—The council of the town shall be composed of
seven members. They shall be elected by the popular vote of the
qualified voters of the town.
2. The town shall, by ordinance, fix the time of their stated meet-
ings, and no business shall be transacted at a special meeting but
that for which it shall be called.
3. The town council shall have authority to appoint policemen,
and to adopt such rules and appoint such officers and committees as
they may deem proper for the regulation of their proceedings, and
for the convenient transaction of business; to compel the attend-
ance of absent members; to punish its members for disorderly be-
havior, and, by a vote of three-fourths of the whole council, to expel
a member for malfeasance or misfeasance in office. They shall keep
a minute-book, in which their clerk shall note the proceedings of
the council, and shall record such proceedings at large on the record-
book, and keep the same properly indexed. The meetings of the
council shall be open to the public, except when the public welfare
shall require secrecy.
4, A majority of the members of the council, or four of them and
the mayor, shall constitute a quorum for the transaction of business;
but no ordinance shall be passed or resolution adopted having for
its object the appropriation of money, except by the concurrence of
at least four members. No vote or question decided at a stated
meeting shall be reconsidered at a special meeting, unless there shall
be at least five members present, and fourof them concur.
5. The town council shall have, subject to the provisions of this
act, the control and management of the fiscal and municipal affairs
of the town, and of all property, real and personal, belonging to said
town; and may make such ordinances and by-laws relating to the
same as they shall deem proper; and they shall likewise have power
to make such ordinances, orders, by-laws and regulations as they
may deem proper and necessary to carry out the following powers,
which are hereby vested in them, and all other powers vested in them
by this act or by the general laws of Virginia:
First. To establish a market or markets in and for said town, and
appoint proper officers therefor; prescribe the time and places for
holding the same; provide suitable buildings and grounds therefor,
and enforce such regulations as shall be necessary and proper to pre-
vent huckstering, forestalling or regrating.
Second. To erect and keep in order all public buildings necessary
and proper for said town; to erect within the town a town prison,
and said prison shall contain such compartments as shall be neces-
sary for the safe-keeping of all persons confined therein, and to es-
tablish a chain-gang, and require offenders to work therein.
Third. To establish water-works, gas-works and electric-works
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 en-
largement of their said works, the pipes connected therewith, or any
of the fixtures or appurtenances thereof; and shall have the power
to protect from injury by ordinance, prescribing adequate penalties,
the said works, pipes, fixtures and land, or anything connected
therewith, whether within or without the limits of the said town.
Fourth. To open, close, improve, widen or narrow streets, avenues,
or alleys, and have them kept in good condition and properly lighted ;
and over any street or alley in the 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
prevent the building of any structure, obstruction or encroachment
over, under or in any street, sidewalk or alley in said town; and
may plant or may permit shade trees to be planted along said streets ;
but no company or individual shall occupy with its or his works, or
any appurtenances thereof, the streets, sidewalke or alleys of the said
town without the consent of the council of said town duly entered
upon its record-book.
Fifth. To prevent the cumbering of streets, sidewalks, alleys,
lanes or bridges in the town in any manner whatever.
Sixth. To determine and designate the route and grade of any
railroad to be laid out in said town, and to restrain and regulate the
rate of speed of locomotive engines and cars upon the railroads
within the said toyyn.
Seventh. To make provisions for and regulate the weighing of
hay, fodder, shucks, oats or other long forage. They may also pro-
vide for measuring corn, oats, grain, coal, stone, wood, lumber,
boards, potatoes and other articles for sale or barter.
Eighth. To secure the inhabitants from contagious diseases; to
establish, erect and regulate hospitals; to provide for and enforce
the removal of patients to said hospital; to appoint and organize a
board of health for said town, with the authority necessary for the
prompt and efficient performance of its duties.
Ninth. To declare what are and 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 whereon the same may be; to preventand regulate slaughter-
houses, soap and candle factories within said town, or the exercise
of any dangerous, offensive or unhealthy business, trade or emplov-
ment therein, and to regulate the transportation of coal and other
articles through the streets of said town.
Tenth. If any ground in said town shall be subject to be covered
with stagnant water, or if the owner or owners, occupier or occupiers
thereof, shall permit any offensive or unwholesome substance to re-
main or accumulate thereon, the council may cause such substance
to be removed therefrom, and may collect the expense of so doing
from the said owner or owners, occupier or occupiers, or any of them
(except in case where such nuisance is caused by the action of the
town authorities or their agents, in which case the town shall pay
the expense of abating the same), by distress and sale in the same
manner in which taxes levied upon real estate for the benefit of said
town are authorized to be collected: provided that reasonable notice
shall be first given to said owners or their agent. In case of non-
resident owners, who have no agents in said town, such notice shall
be given by publication for not less than two weeks in any news-
paper published in said town.
Eleventh. To direct the location of all buildings for the storage
of gunpowder and other combustible substances, and to regulate the
sale and use of gunpowder, fire-crackers or fireworks manufactured
therefrom, kerosene oil, nitro-glycerine, camphene, burning-fluid or
other combustible material; to regulate the exhibition of fireworks,
the discharge of firearms, the use of lights or candles in barns and
stables and other buildings, and to restrict the making of bonfires
in streets and yards.
Twelfth. To prevent hogs, dogs and other animals from running
at large in said town, and may subject the said animals to such con-
fiscation, regulations and taxes as they may deem proper.
Thirteenth. To prevent the riding or driving of horses or other
animals at an improper speed; throwing stones or engaging in any
employment or sport on the streets, sidewalks or public alleys, dan-
gerous or annoying to passengers, and to prohibit and punish the
abuse or cruel treatment of horses and other animals in said town.
Fourteenth. To restrain and punish drunkards, vagrants and
street-beggars; to prevent vice and immorality; to preserve the
public peace and good order; to prevent and quell riots, disturbances
and disorderly assemblages; to suppress houses of ill-fame and
gambling-houses; to prevent and punish lewd or indecent conduct
or exhibitions in said town, and to expel therefrom persons guilty of
such conduct who have not resided therein as much as one year; and
for any violation of such ordinances may impose fines in addition to
those prescribed by the laws of the state.
Fifteenth. To prevent the coming into town of persons having no
ostensible means of support, and of persons who may be dangerous
to the peace and safety of the town.
6. Any member of said council being voluntarily absent from its
meetings consecutively for three months, his seat shall be deemed
vacant, and the unexpired term filled according to law.
7. The council is empowered to acquire lands to be used as a place
of burial for the dead. The said council shall also have the power
to prescribe and enforce all needful rules and regulations, not incon-
sistent with the laws of the state, for the use, protection and orna-
mentation of the cemetery; to set aside, at their discretion, by metes
and bounds, a portion thereof for the interment of strangers and the
indigent poor; to divide the remainder into burial lots and sell or
lease the same, and to execute all proper deeds or other writings in
evidence of such sale or lease, and to prescribe what class or condi-
tion of persons shall be admitted to interment in the cemetery. The
money from such sale or lease of burial lots shall be invested, used
and employed for the use, protection, preservation and ornamenta-
tion of said cemetery. The cemetery, when established and enclosed,
shall be exempt from all state, county and municipal taxation.
8. The police force shall be under the control of the mayor for the
purpose of enforcing peace and order and executing the laws of the
state and ordinances of the town. They shall also perform such
other duties as the council may prescribe. For the purpose of en-
abling them to execute their duties and powers, each policeman is
hereby made a conservator of the peace and endowed with all the
powers of a constable in criminal cases, and all other powers, which
under the laws of the state may be necessary to enable him to dis-
charge the duties of his office. Their pay, uniforms, and the rules
and regulations for said police shall be prescribed by the council.
9. 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 for a violation thereof and con-
finement in jail not exceeding six months, or either; and may pro-
vide that the offender, on failing to pay the penalty recovered and
costs, shall be imprisoned in the prison of the town for a term not
exceeding ninety days, which penalties may be prosecuted and re-
covered, with costs, in the name of the town of Blackstone, or shall
compel them to work on the streets or other public improvements of
the said town.
10. 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 agreement, 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 Nottoway county, authority to
condemn the same, which shall be applied for and proceeded with
according to law.
11. 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 shall
impose a penalty of five dollars for each and every day it is allowed
to continue thereafter, and may cause the encroachment to be re-
moved, and collect from the owner all reasonable charges therefor,
with costs, by the same process that they are hereafter empowered
to collect taxes. No encroachment upon any street, however long
continued, shall ‘constitute any adverse possession to or confer any
rights upon the person claiming thereunder as against said town.
12. Whenever any street, alley or lane in said town shall have
been opened and used as such by the public for the period of five
years, the same shal! thereby become a street, alley or Jane for public
purposes, and the council shall have the same authority and juris-
diction over, and right and interest therein as they have by law over
the streets, alleys and Janes 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 re-
served is designed for private use.
13. Whenever any new street shall be laid out, a street graded or
paved, a culvert built or any public improvements whatsoever made,
the council shall determine what portion, if any, of the expense
thereof shall be paid out of the town treasury and what portion by
the owners of the real estate benefited thereby; but no such public
improvement shall be made, the cost of which is to be defraved in
whole or in part by a local assessment, until first requested by a
petition signed by at least a majority of the owners of property to
be assessed for such improvements, or unless the entire council shall
concur in voting such improvements to be expedient, or in determin-
ing 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 collect such local assessments for improve-
ments as are hereafter invested in it for the collection of taxes.
14. The town council shall grant and pay to all town officers
elected or appointed in pursuance of this act such salaries or compen-
sation as the said council may from time to time deem just and
proper or shall be fixed by this act.
15. 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 clerk of the council,
or within such time thereafter as the council may allow, deliver over
to his successor in office all property, books and papers belonging to
the town or appertaining to such office, in his possession or under
his control, he shall forfeit and pay to the town a sum not exceeding
five hundred dollars, to be sued for and recovered, with costs; and
all books, records and documents used in any office by virtue of any
provision of this act, or of any ordinances or order of the town
council, or any superior officer of said town, shall be deemed the
property of said town and appertaining to said office, and the chief
officer thereof shall be held responsible therefor.
CuHaPpTerR IV.
1. Town officers.—The sergeant of the town shall have and exercise
the powers of a constable, and the mayor, justice of the peace, ser-
geant and policemen, in criminal and police matters, shal] have juris-
diction for one mile from the corporate limits of said town.
2. The council may appoint, in addition to those herein provided
for, such officers and clerks as they may deem proper and necessary,
and define their powers and prescribe their duties, and fix their
compensation, and may take from any officer, whether appointed by
them or elected, a bond with sureties, to be approved by the council,
in such penalty as they may deem proper, payable to the town by its
corporate name, with condition for the faithful discharge of said
duties. All officers appointed by the council may be removed from
office at its pleasure. In case of any vacancies occurring in any
municipal office where it is not herein otherwise provided, the town
council shall elect a qualified person to fill such office during the un-
expired term.
3. The town treasurer shall qualify before the council and shall
give bond, to be approved by the council, in such sum as that body
may prescribe. He shall receive all money belonging to said town.
He shall keep his books and accounts in such manner as the council
may prescribe, and such books and accounts shall always be subject
to the inspection of the mayor or any member of the council, or any
committee thereof.
4. No money shall be paid out by the treasurer except on a war-
rant of the clerk of the council, countersigned by the mayor, and he
shall keep a separate account of each fund and appropriation, and
the debits and credits belonging thereto.
5. The treasurer shall also report to the town council at the end of
each fiscal year, and oftener if required, a full and detailed account
of all receipts and expenditures during the preceding fiscal year, and
the state of the treasury, and publish the same by one insertion in
some newspaper published in the town of Blackstone. He shall also
keep a register of all warrants, their date, amount, number and fund
from which paid, and the person to whom paid, specifying also the
time of payment; and all such warrants shall be examined at the
time of making such report to the council by a committee thereof,
who shall examine and compare the same with the books of the
clerk, and report discrepancies, if any, to the council.
6. The treasurer shall collect all taxes and assessments which may
be levied by said town, and perform such other duties as may herein
be prescribed or ordained by the town council.
7. All moneys received on special assessments shall be held by the
treasurer as a special fund, to be applied to the payment of the
matter for which the assessment was made, and said money shall be
used for no other purpose whatsoever.
8. The council may, at the request of the treasurer, by ordinances,
provide, order, establish or direct that the treasurer keep all money
in his hands belonging to the town in such place or places of deposit
as in their judgment they may deem proper, and such money shall
be kept separate and distinct from the treasurer’s own moneys. And
he is hereby expressly prohibited from using, directly or indirectly,
the corporation money or warrants in his custody or keeping for his
own use or benefit, or that of any person or persons whomsoever, and
any violation of this provision shall subject him to immediate re-
moval from office. In case of his removal, the town council shall
elect a qualified person to fill said office for the unexpired term of
the officer so removed. No person shall be allowed to qualify as
treasurer a second time unless and until he sball have satisfactorily
settled his account as treasurer for the preceding term; and if such
settlement be not made on or before the regular time-for entering
into the duties of his office for another term, the office shall be con-
sidered vacant, and the vacancy shall be filled as hereinbefore pro-
vided.
9. The clerk of the council shall attend the meetings of the council
and keep a record of its proceedings, and shall have the custody of
the corporate seal of said town. He shall keep all papers that by
the provisions of this act or the direction of the council are required
to be filed with or kept by him. It shall also be his duty, imme-
diately after the close of each session of the town council, to make
and present to the mayor a transcript of every ordinance, resolution
or order concerning any public improvement, or for the payment of
money, and every ordinance, resolution, order and act of legislative
character passed by the town council at such session. He shall, in
like manner, transmit to the treasurer a transcript of all ordinances,
resolutions or orders appropriating money, or authorizing the pay-
ment of money, or the issue of bonds or notes. He shall, in like
manner, give notice to all parties presenting communications or
petitions to the town council of the final action of the council on
such communication or petition. He shall publish such reports and
ordinances as the town council are by this act required to publish,
and such other reports and ordinances as they may direct, and shall,
in general, perform such other acts and duties as the town council
may, from time-to time, require of him.
10. The commissioner of the revenue shall perform all the duties
in relation to the assessment of property for the purpose of levying
the town taxes that may be ordered by the town council. He shall
keep his office in some convenient place in said town, and shall keep
therein such books, schedules and records, and in such manner as
the mayor and town council may prescribe, which books, records and
other papers shall be subject to the inspection of the mayor, the
members of the town council, or any committee thereof, and of the
collector of the town taxes. He shall receive for his services the
fees allowed by law and such other compensation as the town council
may, from time to time, direct. The commissioner of the revenue,
in ascertaining the value of real property taxable in said town, shall
fix the same at the actual cash value of said property at the time of
assesament.
11. There shall be elected by the council for the town of Black-
stone, on the first Monday in July, eighteen hundred and ninety-
four, and on the first Monday in July of each year thereafter, one
town sergeant, who shall perform such duties as may be prescribed
or ordained by the town council, and shall receive such compensa-
tion therefor as the council shall determine. He shall be collector
of town delinquent taxes placed in his hands by the town treasurer,
and for that purpose shall have all the powers and authority, and be
subject to the same liabilities and penalties as are prescribed for
county treasurers in the collection of state taxes and county levies,
and may be proceeded against in the same manner, so far as appli-
cable and not Inconsistent with the provisions of this act. He shall
pay over to the treasurer weekly, or oftener, if he thinks proper, all
moneys which come into his hands for taxes or otherwise belonging
to said town. He shall report to the council in writing, at each
stated meeting, the amount of all moneys collected by him for the
town and paid over as herein directed. Before entering on the duties
of his office he shall enter into bond, with sureties to be approved
by the council, in such sum as the council may direct, said bond to
he payable to the town of Blackstone, and conditioned for the faith-
ful discharge of the duties of said office, and shall be entered on the
records of the council, and the original shall be filed in the office of
the clerk of the council.
12. There shal] be elected by the qualified voters of said town, on
the first Monday in June, eighteen hundred and ninety-four, and on
the first Monday in June of every year thereafter, one justice of the
peace for said town, who shall be a resident of the town, and shall
hold office for the term of one year, and until his successor be elected
and qualified, unless sooner removed from office. The said justice
of the peace shall receive for his services such fees as are provided
by law in respect to justices of the peace in counties of this state.
CHAPTER V.
1. Finances.—The town council may, in the name of and for the
use of the town, contract loans, or cause to be issued certificates of
debts or bonds: provided that no such certificates of debts or bonds
shall be issued except by a two-thirds vote of the council, endorsed
by a majority vote of the freehold voters voting on the question ;
but such loans, certificates or bonds shall not be irredeemable fora
period greater than thirty-four years: provided, further, that said
council shall not contract such loan or issue such certificates of debt
or bonds for the purpose of subscribing to the stock of any company
incorporated for a work of internal improvement or other purpose,
without being first authorized so to do by three-fourths of the free-
hold voters of the town voting on the question: provided, further,
that in no case shal] the aggregate debt of the town at any time ex-
ceed fifteen per centum of the assessed value of the property, real
and personal, within the town limits: and provided, further, that the
said council shall not endorse the bonds of any company whatsoever
without the same authority. All contracts for the erection of public
improvements and buildings within the jurisdiction of the town
council shall be let to the lowest responsible bidder, and notice shall
be given at least thirty days before the work is finally let by adver-
tisement in one or more newspapers published in the town; and the
party to whom said contract is let shall give such bond as the council
may require, but in no event shall any contract be let to any mem-
ber of the town council, nor shall any member have any interest in
such contract.
2. Whenever there shall be contracted by the town council any
debt not payable within 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 agreed to be paid thereon, which sum shall be
applied and invested towards the payment of such debt.
3. For the execution of its powers and duties, the town council
may raise taxes annually, by assessments in said town of all subjects
taxable by the state, such sums of money as they may deem neces-
sary, and in such manner as they shall deem expedient (in accord-
ance with the laws of this state and the United States): provided
that no tax upon real and personal property in said town shall ex-
ceed seventy-five cents upon the one hundred dollars assessed value
thereof: and provided, also, that if the council deem it expedient
they may provide, by a resolution passed by three-fourths of the
entire council, that no corporation tax shall be levied on machinery,
implements, money and capital of any manufacturing establishment
actually in use for manufacturing purposes within said town for a
period not exceeding ten years.
4. The council may levy a tax on water and gas, or license to
agents of insurance companies whose principal office is not located
in said town; to auctioneers; to public theatricals or other perform-
ances or shows in said town, or within a mileof the corporate limits
thereof; to keepers of billiard tables and ten-pin alleys; to hawkers
and pedlars; to agents for renting real estate; to commission mer-
chants, and any other business, whether a license may be required by
the state therefor or not.
5. Any payment of taxes made by the tenant, unless under an ex-
press agreement by which the tenant is bound to pay such taxes,
shall be acredit against the person to whom he.owes, the rent.
6. The council may grant or refuse license to owners or keepers of
wagons, drays, carts, hacks and other wheeled carriages kept or em-
ployed in the town for hire, and may require the owners or keepers
of wagons, drays and carts, using them in the town, to take-out
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.
7. All goods and chattels wheresoever found may be distrained and
sold for taxes assessed and due thereon, and no deed of trust or
mortgage upon goods and chattels shall prevent the same from be-
Ing distrained and sold for taxes assessed against the grantor in said
deed.
8. There shall be a lien on real estate for the town taxes assessed
thereon from the commencement of the year for which they were as-
sessed. The council may require real estate in the town delinquent
for the non-payment of taxes, to be sold for said taxes, with interest
thereon at the rate of ten per centum per annum, and such percen-
tum as the council may prescribe for charges. Such real estate may
be sold, and may be redeemed in the manner provided by law.
9. The town council may organize and maintain a fire department
for the town, and appoint an engineer, assistants and other officers,
with any and all powers which have been or may be vested by law
in such officers, and they may make rules and regulations for the
government of the officers and men of said department; may pre-
scribe their respective duties in case of fire or alarms of fire; may
fix their rate of pay and may impose reasonable fines for the breach
of such regulations, and may make such ordinances as they may
deem proper to extinguish and prevent fire; to prevent property
from being stolen, and to require citizens to render assistance to the
fire department in case of need.
10. For the purpose of guarding against the calamities of fire, the
town council may from time to time designate such portions and
parts of the town as they may deem proper within which buildings
of wood may or may not be erected. They may prohibit the erection
of wooden buildings in any portion of the town without their per-
mission, and shall, on petition of the owner or owners of at least
one-half of the ground included in any square of the town, prohibit
the erection on said square of any building or buildings, or addition
to any building, unless the outer walls thereof be made of brick and
mortar, or stone and mortar, or metal, and may provide for the re-
moval of such buildings or addition which shall be erected contrary
to such prohibition at the expense of the builder or owner thereof;
and if any such building shall have been commenced before said
petition can be acted on by the council, or if any building in process
of erection or already built, or any part thereof, appears clearly to be
unsafe, the council may cause such building to be taken down after
rcasonable notice to the owner, or may cause any part of such build-
ing, dangerous from liability to fire, to be tendered safe, and may
prescribe the material to be used in roofing or repairing roofs, and
pass such ordinances and by-laws as they may deem necessary to
carry out this provision, affixing such penalties as are not in conflict
vith this act, and which said fines shall be a lien on the property
.ondemned, to be collected as other taxes or fines.
11. The said council shall by ordinance provide for any irregular
lections not herein provided for, and appoint the necessary officers
‘o conduct the same.
12. All officers elected by the people under this act shall enter
ipon the discharge of their duties upon the first day of July next
succeeding their election, and shall continue in office for the term
yf one year, and until their successors are elected and qualified.
13. The jailer of Nottoway county, or the person in charge of the
prison of said town, 18 authorized to receive into the said jail or
prison, without mittimus or warrant, all persons apprehended by
the sergeant or any police officer of said town for violation of the
rules, regulations, by-laws or ordinances, or disturbing the peace of
said town, and shall be authorized to retain such persons in custody
intil the morning of the second day, at which time they shall be
discharged unless regularly committed to his custody by a mittimus
or warrant, in which case the officers so receiving said parties shall
be entitled to fees provided to be paid when a person is committed
ander a warrant or mittimus of a justice of the peace.
14. No tax shall be levied or corporation debt contracted unless
by a resolution passed by a recorded vote of the majority of the
council.
15. The town council shall have power and authority, at any time
after the passage of this act, to lay off new lots, streets and alleys,
and other land not included within the limits of said town, and to
‘nclude the same within the limits thereof, with the consent of the
owners of the land which they may desire 80 to include; or, if any
such land be owned by an infant, feme covert, or person non compos
mentis, imprisoned, or not within the commonwealth, or by any
person disabled by law in any manner to give consent, then, in that
case, with the consent of the county court of Nottoway county.
16. All streets, cross-streets and alleys which are now already laid
off and opened (or which may at any time be located, surveyed and
opened) in said town, or in extending the same by the authorities of
said town, shall be, and they are hereby, established as public streets
and alleys of said town.
17. For the more equal apportionment of the taxes upon the lots
and buildings of said town, it shall be lawful for the council thereof,
at such times and as often as may be deemed necessary by them, to
appoint three freeholders over twenty-one years of age, who, being
first duly sworn for the purpose, shall, without delay, proceed to
value the lands, lots, buildings and improvements erected or to be
erected within the limits of said town ; which valuation, any two of
such valuers concurring in the same, in writing under the hands and
seals of said valuers, or of the two concurring as aforesaid, shall be
returned forthwith to the council of said town, to be entered of re-
cord upon their proceedings. And the council of said town, when
levying tax on the real estate thereof for any year, sball be regu-
lated by the valuation 80 returned, which valuation shall be taken
and considered as the valuation for the purposes aforesaid until s
new valuation shal] be made. And if any person or persons shall
consider themselves aggrieved by the valuation of said valuers, he
or they shall have the privilege of appeal (within twenty days after
the return of such valuation) to the council, whose decision shall be
final. The assessment for the town taxes shall be the basis for the
assessment of taxes for state purposes.
18. The town of Blackstone, and the officers thereof, whether ap-
pointed by this act or hereafter elected or appointed in accordance
with its provisions, shall be clothed with all the powers and be sub-
ject to the provisions of the general laws of the state, except in so
far as the same are in conflict with the provisions of this act.
19. This act shall be in force from its passage.