Chap. 616.—An ACT to provide a new charter for the town of Clintwood, in
Dickenson county.

Approved March 3, 1894.

1. Be it enacted by the general assembly of Virginia, That the
town of Clintwood, in the county of Dickenson, as the same has been
or may be laid off into lots, streets and alleys, shall be, and the same
is hereby, made a town corporate by the name of Clintwood, and by
that name shall have and exercise all the powers, privileges, immu-
nities and be subject to all the provisions of the general laws so
far as the same relate to towns of less than five thousand inhabi-
tants, and are not in conflict with the powers herein conferred.

2. The boundaries of said town shall be embraced within the
limits of one-half mile each way from the court-house building in
said town, extending east, west, north and south, making an area of
one mile square.

38. 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 Clintwood, and 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, four councilmen, a clerk of the council, a sergeant and a
commissioner of the revenue. ,

5. The following named persons are hereby appointed to fill the
following offices until the first day of July, eighteen hundred and
ninety-four, and until their successors are duly elected and qualified—
namely: William M. Thornbury, mayor; G. M. Jones, sergeant;
and the councilmen as follows: I. E. French, J. K. Damren, Colum-
bus Phipps and J. S. Colley. Said persons are to take the oaths of
offices and enter upon the discharge of the duties of their respective
offices as soon as practicable after the passage of this act; and they
are hereby clothed with all the powers and shall be subject to all
the provisions appertaining to their respective offices herein pre-
scribed.

6. An election of the municipal officers mentioned in the third
section of this act, except the treasurer, clerk of the council and
commissioner of the revenue shall be held on the fourth Thursday
in May, eighteen hundred and ninety-four, and on the fourth Thurs-
day in May in eyery second year thereafter. The treasurer, clerk of
the council and commissioner of the revenue shall be appointed by
the council, and shall hold office during the term of office of said
council, and until their successors are duly appointed and qualified.
Said election shall be conducted under the provisions of the general
election laws of the state. When two or more persons are to be
elected to the same office, the several persons of the number re-
quired having the highest number of votes shall be declared
elected.

7. 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, he shall be consideréd as having declined
said office, and the same shall be declared vacant, and such Vacancy
shall be filled as prescribed in section thirty-one of this act.

8. The mayor shall be elected by the qualified voters of the town
of Clintwood for the term of two years; his salary shall be fixed
by the council of the said town, and he shall receive the same
fees as a justice of the peace of Dickenson county for like
services.

9. He shall, by virtue of his office, preside over the meetings of
the council, voting only in case of a tie; and he shall also, by virtue
of his office, possess all the power, authority and jurisdiction in all
matters within the county of Dickenson as a justice of the peace of
said county.

10. It shall be his duty to communicate to the town council annu-
ally, 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.

11. He shall exercise a constant supervision over the conduct of
all subordinate officers; 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 on 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 with-
out reasonable notice to the officer complained of, and an oppor.
tunity be afforded him to be heard in his defence. On the removal
or suspenson of such officer the mayor shall report the same to the
town council at their next stated meeting for their consideration:
but in no case shall it be final until ratified by three-fourths of the
whole council.

12. In case of the absence of or inability of the mayor, the presi.
dent pro tempore of the council, to be chosen by a majority vote ot
the council present at a legal meeting, shall possess the same powe!
and discharge the municipal duties of the mayor during such ab
sence or inability.

13. In case a vacancy shall occur in the office of mayor, the sam:
shall be filled in the manner hereinafter provided in section thirty
one of this act.

14. The mayor or any two members of the council may call :
meeting of the council.

Cuaprer III.

15. Town council.—The council of the town shall be composed o:
four members. They shall be elected by the popular vote of the
qualified voters of the town.
16. The town council shall by ordinance fix the time for their
stated meetings, and no business shall be transacted at a special
meeting but that for which it shall be called. ,

17. 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; by a vote of three-fourths of the whole council to expel a
member for malfeasance of or misfeasance in office. They shall
keep a minute book, in which their clerk shall note the proceedings
of the council, and shall record the said 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 wel-
fare shall require secrecy.

18. A majority of the members of the council, or two 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 three members. No vote or question de-
cided at a stated meeting shall be considered at a special meeting,
unless there be at least three members present and all of them con-
cur.

19. 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, orders, by-laws and regula-
tions as they main 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:

First. 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 have such apartments as shall be necessary
for the safe-keeping of all persons confined therein, and to estab-
lish a chain-gang and require offenders to work therein.

Second. To open, close or extend, widen or narrow, lay out, gradu-
ate, curb and pave and otherwise improve streets, sidewalks and
public alleys in said town, and have them kept in good order and
properly lighted, and over any street or alley in the town which 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 culverts under said streets, and may prevent or re-
move 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 said streets; but no company shall occupy
with its works or any appurtenances thereof the streets, sidewalks or
alleys of the town without the consent of the council, duly entered
upon its record. In the mean time no order shall be made and no
injunctions shall be awarded by any court or judge to stay proceed-
ings of the town council in the prosecution of their work, unless it
be manifest that they, their officers, agents or servants are transcend-
ing the authority given them by this act, and that the interposition
of the court is necessary to prevent injury that eannot be adequately
compensated in damages.

Third. To prevent. the cumbering of streets, sidewalks, alleys,
lanes or bridges in the town in any manner whatever.

Fourth. To make provisions for and regulate the weighing of hay,
fodder, oats, shucks or other long forage. They may also provide for
measuring corn, oats, grain, coal, stone, wood, lumber, boards, pota-
toes and other articles for sale or barter.

Fifth. To secure the inhabitants from contagious, infectious or
other dangerous diseases; to establish, erect and regulate hospitals ;
to provide for and enforce the removal of patients to said hospitals ;
to appoint and organize a board of health for said town, with the au-
thority necessary for the prompt and efficient performance of its
duties.

Sixth. 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 shall be; to prevent and regulate slaughter-houses, soap and
candle factories within said town or the exercise of any dangerous,
offensive or unhealthy business, trade or employment therein, and
to regulate the transportation of coal and other articles through the
streets of said town.

Seventh. 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 grounds to
be filled, raised or drained, or may cause such substance to be
covered or 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 cases where such nuisance is caused by the ac-
tion 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 first be given tosaid owners or their agents.
In case of non-resident owners who have no agents in the said town,
such notice shall be given by publication for not less than four
weeks in any newspaper published in said town.

Eighth. To direct the location of all buildings for the storage of
gunpowder and other combustible substance, and to regulate the sale
of gunpowder, fire-crackers or fireworks manufactured therefrom,
kerosene oil, nitro-glycerine, camphine, burning fluid or other com-
bustible material; to regulate the exhibition of fire-works, the dis-
charge of firearms, the use of lights or candles in barns and stables
and other buildings, and to restrain the making of bonfires in streets
and yards.

Ninth. To prevent hogs and dogs and other animals from running
at large in said town, and may subject the same to such confiscation
and regulation as they may deem proper.
Tenth. To prevent the riding or driving of horses or other animals
at an improper speed, throwing stones or engaging in any employ-
ment or sport on the streets, sidewalks or public alleys, dangerous
or annoying to passengers, and to prohibit and punish the abuse or
cruel treatment of horses or other animals in said town.

Eleventh. To restrain and punish drunkards, vagrants and street-
beggars; to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame and gambling houses;
to prevent and punish lewd, indecent and disorderly conduct or ex-
hibitions in said town, and to expel therefrom persons guilty of such
conduct who have not lived therein as much as one year.

Twelfth. 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.

Thirteenth. To prevent, forbid and punish the illegal selling of
spiritous or malt liquors, wines, or any mixtures thereof, by a fine
not exceeding one hundred dollars and imprisonment not exceeding
ninety days for each offence, reserving the right to the party con-
victed of appeal to the county court of Dickenson county in all cases
wherein the fine exceeds the sum of fifty dollars and imprisonment
exceeds thirty days. In the enforcement of any ordinance adopted
under this section, the jurisdiction of the mayor shall extend one
mile beyond the limits of the town. Procuring or soliciting orders
for liquor for another shall be deemed a sale under this section.

Fourteenth. To punish for contempt of court, releasing or attempt-
ing to release a prisoner or interfering in any manner with any offi-
cer in the exercise of his official duties.

Fifteenth. The council shall have power to purchase and hold
land and lots on which to erect school-houses, school buildings and
other necessary buildings, and may sell and convey any part thereof:
provided that before any sale can be made three members of the
council shall concur therein.

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

21. The town council 1s empowered to acquire lands to be used as
a place for the burial of the dead. The said council shall also have
power to prescribe and enforce all needful rules and regulations, not in-
consistent 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 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 con-
dition 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 orna-
mentation of said cemetery. The cemetery, when established and
enclosed, with the property included in it, shall be exempted from
all state, county and municipal taxation.
22. The police force shall be under the control of the mayor for
the purpose of enforcing peace and other executive 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 enabling
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 discharge
the duties of his office. The pay, uniform, rules and regulations for
said police shall be prescribed by the council.

23. Where, by the provisions of this act, the council have au-
thority to pass ordinances on any subject, they may prescribe any
penalty, not exceeding a fine of two hundred dollars and imprison-
ment not exceeding one year, for a violation thereof, and may pro-
vide that the offender, on failing to pay the fine (recovered) and
costs, shall be imprisoned in the county jail of Dickenson county
not exceeding six months, or the said council may compel persons
sentenced to imprisonment to work on the streets or other public
improvements of the said town.

24. 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 case where the coun-
cil 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 Dickenson county authority to condemn
the same, which shall be applied for and proceeded with according to
law.

25. 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 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 impose
a penalty of five dollars for each and every day it is allowed to con-
tinue thereafter, and may cause the encroachment to be removed and
collect from the owner all reasonable charges therefor, with costs, by
the same process that they are hereinatter empowered to collect
taxes. No encroachment upon any street, however long continued,
shall constitute any adverse possession to or confer any rights upon
the persons claiming thereunder against the said town.

26. 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 shall thereby become a street, alley or lane 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 lanes laid out by them, and any street or alley
reserved in the division or subdivision into lots of any portion of a
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 un-
less it appears by said record that the street or alley so reserved is
designed for private use, but upon a petition of a majority of per-
sons interested ore the council shall have power to open the same
for use of the publigQic |
27. Whenever any new street shall be laid out, a street graded or
paved, a culvert built or any public improvements whatsoever made,
the council sha]! determine what portion, if any, of the expenses there-
forshall be paid out of the town treasury and what portion by the
owners of the real estate benefited thereby; but no such public im-
provement shall be made the costs of which to be defrayed in whole
orin part by a local assessment, until first requested by a petition
signed by at least a majority of the owners of the property to be as-
sessed for such improvements, or unless the entire council shall con-
cur in voting such 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 collect such local assessments for improvements
as are hereinafter invested in them for the collection of taxes.

28. The town council shall grant and pay to all town officers
elected or appointed in pursuance of this act such salaries or com-
pensation as the said council may from time to time deem just and
proper, or shall be fixed by this act.

29. If any person, having been an officer of said town, shall not,
within ten days after he shall have vacated or been removed from
ofice, and upon notification or request of the council, or within such
time thereafter as the town council shall 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 the sum of five hundred
dollars, to be sued for and recovered, with costs; and all books, re-
cords and documents used in any such office by virtue of any pro-
vision of this act, or of any ordinances or order of the town council
or any superior officer of said town, shall be deemed property of
said town and appertaining to said office, and the chief officer
thereof shall be responsible therefor.

CHAPTER IV.

30. Town officers.—The sergeant of the town shall have and ex-
ercise the powers of a constable, and the sergeant and policemen, in
criminal and police matters, shall have jurisdiction for one mile
from the corporate limits of said town. The sergeant of the said
town, upon entering into bond in the county court of Dickenson
county in the manner prescribed by law for constables, and with
such conditions as constables are required by law to enter into, shall
have all the power and authority of a con3table within. the said
county of Dickenson in the collection of money by warrant or other-
wise, and to execute any and all processes directed to him, or which
might have been so directed, and may do and perform all acts, exe-
cute and return such warrants, and be liable in the same manner
and to the same extent that constables are by the laws now in
force.

31. The council may appoint, in addition to thoze 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 coun
cil, in such penalty as they may deem proper, payable to the towr
of Clintwood, by its corporate name, with condition for the faithfu
discharge of the duties of their office. 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 -hereir
otherwise provided, the town council shall elect a qualified persor
to fill such office during the unexpired term.

32. The town treasurer shall qualify before the council, and shal.
give bond, to be approved by the council, in such sum as that body
may prescribe. He shall receive all money belonging to the 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 and any member of the coun.
cil, or any committee thereof.

33. No money shall be paid out by the treasurer except on a war.
rant of the clerk of the council, countersigned by the mayor; anc
he shall keep a separate account of each fund and appropriation anc
the debits and credits belonging thereto.

34. The treasurer shall report to the town council at the end o:
each fiscal year, and oftener, if required, a full and detailed accoun!
of all receipts and expenditures during the fiscal year, and the state
of the treasury. He shall also keep a register of all warrants, thei
date, amount, number and fund from which paid, and the person tc
whom paid, specifying also the time of payment; and all such war.
rants shall be examined at the time of making such report to the
town council by a committee thereof, who shall examine and com-
pare the same with the books of the clerk and report discrepancies,
if any, to the council.

35. The treasurer shall collect all taxes and assessments which
may be levied by the said town and perform such other duties as
may herein be prescribed or ordained by the town council.

36. All moneys received on special assessment 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.

37. The treasurer may be required to keep all moneys in his hands
belonging to the town in such place or places of deposit as the town
council may by ordinance provide, order, establish or direct, and
such moneys 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 cus-
tody or keeping for bis own use or benefit, or that of any person or
persons whomsoever, and any violation of this provision shall sub-
ject him to immediate removal from office. In case of his removal,
the town council shall elect a qualified person to fill the said office
for the unexpired term of the officer 80 removed. No person shall
be allowed to qualify as treasurer a second time, unless and until he
shall have satisfactorily settled his account as treasurer for the pre-
ceding term; the office shall be considered vacant, and the vacancy
shall be filled-ag hereinbefore provided.
88. The clerk of the council shall attend the meetings of the coun-
cil and keep a record of its proceedings, and shall have custody of
the corporate seal of the said town. He shall keep all papers that
by the provisions of this act or the direction of the council are re-
quired to be filed with or kept by him. It shall also be his duty,
immediately after the close of each session of the town council, to
make and present to the mayor a transcript of every ordinance, reso-
lution or order concerning any public improvement or for payment
of, and every ordinance, resolution, order and act of legislative char-
acter passed by the town council at such session. He shall in like
manner transmit to the treasurer a transcript of all ordinances, reso-
lutions or orders appropriating money or authorizing the payment 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 communica-
tion or petition. He shall publish such reports and ordinances as
the town council or this act requires to be published, and he shall have
authority to administer an oath, and shall in general perform such
other acts and duties asthe town council may from time to time require
of him. The said clerk of the council shall by virtue of his office
possess all the power and authority of a commissioner in chancery
for the circuit court of Dickenson county within the said county, and
for such services he shall be entitled to the same compensation al-
lowed by law to commissioners in chancery.

39. The commissioners 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 direct and prescribe, which books,
records and other papers shall be subject to the inspection and ex-
amination of the mayor, the members of the town council, or any
committees thereof, and of the collector of town taxes. He shall re-
ceive for his services the fees allowed by law and such other com-
pensation as the town council may from time to time direct. The
commissioner of the revenue in ascertaining the value of real prop-
erty taxable in said town shall fix the same at the actual cash value
of said property at the time of assessment, irrespective of the value
assessed for the purposes of state taxation, until the next general
assessment.

40. There shall be elected by the qualified voters of the town of
Clintwood, on the fourth Thursday in May, eighteen hundred and
ninety-four, and on the fourth Thursday in May in every second
year thereafter, one town sergeant, who shall perform such duties as
may be prescribed and ordained by the town council, and shall re-
ceive such compensation 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 the county treasurer of the collection of state taxes
and county levies, and may be proceeded against in the same
manner so far as applicable 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 collected by him for the town and paid
over as herein directed. Before entering upon 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 be pay-
able to the town of Clintwood, and conditioned for the faithful dis-
charge of the duties of said office; and he shall be entered on the
record of the council, and the original shall be filed in the office of
the clerk of the council.

41. The sergeant shall receive, in addition to any compensation
allowed him by the town council, the same fees as a constable for
like services.

CHapTer V.

42. 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 debt
or bonds: provided no such certificates of debt or bonds shall be
issued for an amount exceeding one thousand dollars for any one
purpoee except by a two-thirds’ vote of the council, ratified by a ma-
jority of the freehold voters of the town voting on the question, but
such loans, certificates or bonds shall] not be irredeemable for a pe-
riod greater than thirty-four years: provided, further, that said counci]
shall not contract such loans 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 shall the aggregate debt of the town at any one time exceec
ten per centum of the assessed value of the property, real and personal]
within the town limits: and provided, further, that the said counci.
shall not endorse the bonds of any company whatsoever without the
same authority. All contracts for erection of public improvements
within the jurisdiction of the town council shall be let to the lowes:
bidder, reserving the right to reject any and all bids, and notice shal
be given at least thirty days before the work is finally let by the ad.
vertisement in some newspaper published in the town, and the party
to whom said contract shall be let shall give such bonds as the coun
cil may require, but in no event shall any contract be let to any
member of the council, nor shall any member have any interest ix
such contract.

43. Whenever there shall be contracted by the council any deb
not payable within one year thereafter, there shall be set apart an
nually for thirty-four years, or until the debt is paid, a sum not les;
than one per centum of the amount of any debt in addition to th.
annual interest agreed to be paid thereon, which sum shall be ap
plied and invested towards the payment of such debt.

44, For the execution of its powers and duties, the town counci
may raise taxes annually, by assessments in said town on all sub
jects taxable by the state, such sums of money as they shall deen
necessary to defray the expenses of the same and in such manne
as they shall deem expedient, in accordance with the laws of this
state and the United States: provided that no tax upon real and
personal property in said town shall exceed one dollar and twenty-
five cents upon the one hundred dollars’ assessed value thereof: and
provided, also, that if the council deems its expedient, they may pro-
vide, by a resolution passed by three-fourths of the entire council,
that no corporation tax shall be levied upon machinery, implements,
money and capital of any manufacturing purposes within the said
town for ten years from the first of January, eighteen hundred and
ninety-four; but this proviso is not intended to apply to capital em-
ployed in purchasing articles manufactured outside of the town and
brought there to be used in manufacturing.

45. The town council may levy a tax on water and gas, on licenses
to agents of insurance companies whose principal office is not lo-
cated in said town; to auctioneers, to public theatricals, or other per-
formances or shows in said town, or within a mile of the corporate
limits thereof; to keepers of billiard tables or ten-pin alleys, to
hawkers and pedlars, to agents for the renting of real estate, to
commission merchants, and any other business, whether a license
may be required therefor by the state or not, and may exceed the
state license.

46. 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.

47. The council may grant or refuse licenses to owners or keepers
of wagons, drays, carts, hacks and other wheeled carriages kept or
employed in the town for hire, and may require the owners or keep-
ers 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.

48. All goods and chattels, wheresoever found, may be distrained
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.

49. There shall be a lien on real estate for the town taxes levied
thereon from the commencement of the year for which they were
assessed. The council may require real estate in the town delin-
quent 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
per centum as the council may prescribe for charges. Such real
estate may be sold and may be redeemed in the manner provided by
law.

50. The town council and the clerk of the said council shall have
all the powers and authority as regards the town taxes and assess:
ments that are conferred upon the county court, the clerk of the said
court and board of supervisors by the general laws of the state o!
Virginia with reference to the state and county taxes.

51. 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 the powers which have been or may be vested by law in
such officers, and they may make rules and regulations for the gov-
ernment of the officers and men of said department, and prescribe
their respective duties in case of fire or alarms of fire; may fix their
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 re-
quire citizens to render assistance to the fire department in case of
need.

52. For the purpose of guarding against the calamities of fires,
the town council may from time to time designate duch portions and
parts of the the town as they may deem proper within which build-
ings of wood may or may not be erected. They may prohibit the
erection of wooden buildings in any portion of the town, and shall,
on the 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 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 removal of such building 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 appears clearly to be unsafe, the council may cause such build-
ing to be taken down, after reasonable notice to the owner.

53. The said council shall by ordinance provide for any irregular
election not herein provided for, and appoint the necesgary officers
to conduct the same.

54. No license shall be granted to any person, club or corporation
to sell wine, ardent spirits, malt liquors, or any mixture thereof,
alcoholic bitters 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 one
mile thereof, without, unless and until the applicant shall have pro-
duced to the court, or officers authorized to grant such license, the
written consent of the council of said town.

55. All officers elected under this act shall enter upon the dis-
charge of their duties upon the first day of July next succeeding
their election, and shall continue in office for the term of two years,
and until their successors are elected and qualified.

56. The jailer of Dickenson county, or the person in charge of the
prison in said town, is 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 violations of the rules,
regulations, by-laws or ordinances, or disturbing the peace of said
town, and shall be authorized to retain such persons in his custody
until ten o’clock in 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 officer so receiving said.
parties shall be entitled to the fees provided to be paid when a
person is committed under a warrant or mittimus of a justice of the
peace.

57. No tax shall be levied or corporation debt contracted unless
by a resolution passed by a recorded vote of a majority of the
council.

58. 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 lands not included within the limits of said town, and to
include the same within corporate limits thereof, with the con-
sent of the owners of the land which they may desire so to include,
or if any such land be owned by infant, feme covert or persons
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 Dickenson
county.

59. All streets, cross-streets and alleys which are not already laid
off and opened, or which may at any time be located, surveyed and
opened in said town in extending the same by the authorities of said
town, shall be, and they are hereby, established as public streets and
alleys in said town.

60. Whenever any new street shall be laid out, a street graded or
improved, a culvert or sewer built, a sidewalk or gutter paved or
curbed, or any other improvement made, the town council shall de-
termine what portion, if any, of the expenses thereof shall be paid
out of the town treasury, and what portion of the real estate bene-
fited thereby. All real estate within the said town exempted from
taxation by law shall pay the portion of the costs of such improve-
ments so assessed against the real estate, but when the person so
assessed shall consider himself aggrieved by such assessment he
shall have the right to select one disinterested person and the
council shall select another like person, and they shall determine
whether such assessment is reasonable and just, and in case they
cannot agree they shall select a third person, and their award shall
be conclusive, and such assessment shall be collected as other taxes
on real estate are collected in said town. In all cases in which a
lessee or tenant shall pay the expenses of such improvement assessed
upon the land occupied by him, the amount of any such expenses paid
by him or made out of his property shall be a valid set-off against so
much of the rent due or accruing to his landlord, unless it is other-
wise stipulated between said lessee or tenant or landlord. |

61. And for the more equal apportionment of the taxes upon the
lots and buildings of said town it shajl be lawful for the council
thereof, at such time and as often as may be deemed necessary by
them, to appoint three freeholders over twenty years of age, who,
being first duly sworn for that purpose, shall without delay proceed
to value the lands, lots and buildings and improvements as may
hereafter be made and erected within the limits of said town, which
valuation any two of said 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 with record upon their proceedings, and the council of
said town when assessing taxes upon the real estate thereof for any
year shall be regulated by the valuation so returned, which valuation
shall be taken and considered as the valuation for the purpose afore-
said until a new valuation shall be made, and if any person or per-
sons 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 said valuation to the council, whose decision
thereon shall be final.

62. All acts and parts of acts in conflict with this act are hereby
repealed. All parts of an act entitled an act to incorporate the
town of Clintwood, in the county of Dickenson, approved March
fourth, eighteen hundred and eighty-four, not in conflict with this
act, shall remain in full force and effect.

63. This act shall be in full force and effect from and after its pas-
sage.