Chap. 68.—An ACT to incorporate the town of Duffield,in Scott county.

Approved January 23, 18%.

1. Beit enacted by the general assembly of Virginia, That the town
of Duffield, in the county of Scott, as the same has been or may be
laid off into lots, streets and alleys, shall be, and the same is hereby,
mace a town corporate by the name of the town of Duffield; and by
that name shall have and exercise all the powers conferred upon towns
of less than five thousand inhabitants, and be subject to the provi-
sions of chapter forty-four of the code of Virginia, and acts amenda-
tory thereof, as applicable to such towns, so far as the provisions of
the same are not inconsistent with the provisions of this act.

2. The boundaries of said town shall be as follows: Beginning on
the south bank of the north fork of Clinch river on a line dividing
the lands of W. H. Nickels and Thomas L. Peterson, being an east
line of Nickels’ land and a west line of said Peterson; thence an east
course to and including John W. Bishop's dwelling-house; thence a
straight line in a south direction tothe Fincastle road, and where the
road now leading from Dufheld to Pattonsaville, Virginia, forms a junc-
tion near the residence of Nancy Bishop; thence with the Fincastle
road west to the ford of the creek; thence with the meanders of the
creek north to W. H. Nickels’ line; thence a straight line a north
course to the mouth of a small drain which empties into a south fork
of said north fork creek, west of the H. B. Clay house; thence with
the meanders of said south fork to the main creek, at or near the
Andrew Moore house; thence with the meanders of said north fork
to the beginning.

3. The government of said town shall be vested in a mayor and
a council of four, who shall be residents of said town, and shall be
elected on the fourth Thursday in May, eighteen hundred and ninety-
four, and every two vears thereafter, by the qualified voters who reside
within the corporate limits of said town, as prescribed by the state
law.

4, The mayor of said town shall preside at the meetings of said
council, and shall, in case of a tie vote upon any question, cast the
deciding vote. Heshall alsoexercise all jurisdiction, civil and crimi-
nal, now by law conferred upon a justice of the peace, and shall pre-
serve peace and good order in said town, and during his absence or
inability to act, then his power shall be invested in any one of said
council.

5. J. W. Morrison, J. F. Chesser, J. L. Johnson and G. A. Maness
shall compose the council, and J. C. Parrish, mayor, are hereby ap-
pointed to serve until the fourth Thursday in May, eighteen hun-
dred and ninety-four, and until their successors shall be elected and
qualified according to law.

6. The said council shall, when organized, appoint a sergeant to
serve until the fourth Thursday in May, eighteen hundred, and
ninety-four, and every two years thereafter appoint a sergeant, who
shall be invested with the full power of a constable within the limits
of said town, and also have power to arrest offenders within one
mile of said limits for offences committed therein; he shall collect
town taxes and have power to distrain and sell therefor, in like
manner as a county treasurer may distrain and sell for state taxes,
to pay out the money in his hands on the order of the council, which
shall be certified to him by the warrant of the mayor and clerk.
The said sergeant shall give such bond as shall be from time to time
prescribed by the council.

7. The said council! shall have power to impose a tax, not exceed-
ing twenty cents on the hundred dollars, for all purposes: provided,
however, that said council may impose a further tax, not exceeding
forty cents on the hundred dollars, when authorized by a two-thirds
vote of all legally qualified voters of said town.

8. The said council shall have power to fill any vacancies in the
offices of said town from whatever cause the same may originate
The officers so elected shall hold the office for the unexpired term ot!
their predecessors. Said council, for good cause and by a majority
vote, may remove from office any officers of said corporation.

9. It shall not be lawful for the council to impose or collect any
taxes, levies or-assessments on any tract of land within the town
limits which is not platted and laid off in streets, which have been
dedicated to public use, and blocks or squares, and which is lying
unused or is used only for farm or garden purposes: provided that
for the purpose of making roads or preparing the same to or through
such lands, the same may be taxed or assessed.

10. Licenses to sell vinous, spirituous or malt liquors shall be
granted by the town council, but only when the application shall
have been first licensed by the county court of Scott county; but that
the fact that any applicant has been licensed by the said county court
shall not make it incumbent on the council to grant him a license.
No license to sell liquor shall be granted by the council unless and
until it is made to appear to the satisfaction of the said council that
the applicant is a fit and proper person, of good moral character, and
also the situation in which the applicant is to conduct the business
of selling liquor is a fit and proper place for such purpose, and until
the applicant shall have furnished a bond payable to said town, with
security to be approved by the council, conditioned upon the ob-
servance by said applicant, his partners, agents or employees of all
the ordinances, resolutions or by-laws of said town, in force when
said license is granted, or which may be passed thereafter.

11. Said council shall have power to pass ordinances to carry into
effect the object of this incorporation, and to punish the violation
of the same by fine or imprisonment, or both; to provide for order
and quiet and the observance of the Sabbath within the corpora-
tion; to provide suitable burial places for the dead, either within or
without the corporation, and to regulate and govern the same.

12. The clerk of the council shall keep a correct record of all the
proceedings of the council; shall provide the books and the station-
ery therefor at the cost of the town; make out the certificates of elec-
tion; make out a list of property to be assessed, real and personal;
also a capitation tax; a tax also on dogs within the limits of the
corporation, and shall issue tickets for taxes voted by the council,
and for said services he shall be allowed annually a certain sum to be
fixed by the council.

13. The said council may build a jail and may establish a chain-
gang, composed of the prisoners of said corporation, in said jail, who
are there in default of the payment of their fine and cost, or for their
term of imprisonment.

14. The said council shall have power to pass all by-laws and ordi-
hances necessary for the proper government of the said town not in
conflict with the constitution and laws of the state or of the United
States, and also provide for keeping the streetwalks and alleys in
order and paving the same, and other necessary improvements.

15. This act shall be in force from its passage.