Chap. 9.—An ACT to incorporate the town of Belle Haven, Accomac county.

Approved December 14, 1895.

1. Be it enacted by the general assembly of Virginia, That the
settlement of Belle Haven, in Accomac county, as the same is now,
and shall hereafter be, laid off into lots, squares, streets, and alleys,
be, and the same is hereby, made a town corporate by the name of
Belle Haven, and by that name shall have and exercise all the pow-
ers conferred on towns of less than five thousand inhabitants by the
code of Virginia, and to all lawg now in force, or which may here-
after be enacted, in reference to towns of less than five thousand
inhabitants, so far as the same are not inconsistent with the pro-
visions of this act.

2. The limits of said town shall be as follows: Beginning at Occo-
hannock creek and running east along the line dividing the farm of
H. F. Killman and the farm known as Whitehaven to the main
county road; continuing in same direction along the line dividing
the lands of William E. Brickhouse and 8.8. Kellam to a large pine
tree, turning thence at right angles and running south in a direct
line to and continuing along a ditch, on the east edge of the lands
known as the King field, to a hickory tree on the corner of the lands
belonging to N. A. Smith; from thence continuing in a southeast-
wardly direction to and crossing the boundary between Accomac
and Northampton counties to a large pine on the south edge of the
farm of James A. Smith, then turning in a westwardly direction and
following the dividing line between the lands of the above-named
James A. Smith and William J. Mapp to the main county road,
turning northwardly and continuing along above-named road to and
following in a westwardly and northwestwardly direction, respect-
ively, the lands belonging to John H. Ashby to the branch forming
the boundary line between Accomac and Northampton counties, fol-
lowing said branch to Occohannock creek, continuing along north
and east edge of said creek to the point of beginning.

3. The government of said town shall he vested in a mayor, re-
corder, seven councilmen, and such other officers as may be provided
for by the mayor and council. William J. Rue is hereby appointed
mayor thereof; S. B. Ward, recorder; and James T. Walkley, V. J.
Stewart, S. P. Ward, N. A. Smith, A. D. Doremus, L. J. Kellam and
John H. Johnson are hereby appointed councilmen thereof; and the
said mayor, recorder and councilmen shall have and exercise all the
powers hereinafter granted to said officers; and shall continue in office
until the first day of July, eighteen hundred and ninety-six, and
thereafter, until their successors shall be elected and qualified
according to law, a majority of whom shall constitute a quorum for
the transaction of business. The mayor, recorder and councilmen
shall compose the town council.

4. The election for mayor, recorder and councilmen shall be held
on the fourth Thursday in May, eighteen hundred and ninety-six.
and on the fourth Thursday in May in every second year thereafter.
Such election shall be held at a designated place in the said town,
and conducted under the supervision of three commissioners ap-
pointed by the council for the purpose. Within two days after any
election has been held under this act, the commissioners who con-
ducted the same shall certify the names of the persons elected to the
clerk of the county court of Accomac county, and to the officers
elected, which certificate shall be entered among the records of said
county and corporation.

5. In all elections for the officers of this corporation, all persons
who are by the laws of this state entitled to vote for members of the
general assembly, and who shall have resided in the said town for
three months next preceding the day of election then to be held,
shall be entitled to vote.

6. The persons to be elected under the provisions of this act shal]
be inhabitants of said town; and it shall be their duty, on or before
the first day of July next after their election, to take and subscribe
the oaths required by law to be taken by county and district officers
before a justice of the peace or a notary public of Accomac or North-
ampton counties, and they shall enter upon the discharge of their
duties as such officers on the first day of July next after their elec-
tion, and hold office for a term of two years and until their success-
ors are elected or appointed and qualified. The oaths taken and
subscribed under this section shall be filed with the records of said
town.

7. When from any cause a vacancy may occur in the office of
mayor, recorder or councilmen, the town council shall, by a vote of
a majority of such as remain, fill such vacancies from the citizens of
the town eligible to the office under this act.

8. The mayor of said town shall take care that the ordinances,
resolutions and by-laws of the town council are faithfully executed.
He shall be ex-officio a conservator of the peace within the said town,
and shall, within the same, exercise all the powers and duties vested
by law in justices of the peace in civil cases. He shall have power
to render judgment and issue executions in all matters wherein he
has jurisdiction by reason of the authority vested in him under this

act; and in all matters where it may be necessary tocarry intoeffect
the purposes of this act, said town authorities shall have the right
to use the jail of Accomac county for that purpose.

9. The mayor, recorder, and any four councilmen, or the mayor or
recorder and any five councilmen, or in the absence of both mayor
and recorder, any six councilmen, shall constitute a quorum to do
business. The mayor shall preside at the meetings of the council.
In his absence the council shall select one of their number to pre-
side, and the proceedings shall be signed by the person presiding.
If at any meeting the recorder be absent, the person presiding shall
appoint some other person to discharge the duties of the recorder
for that meeting.

10. The town council shall cause to be kept in a journal an accu-
rate record of all its proceedings, which shall be open to the inspec-
tion of any person residing in said town. The mayor and recorder
shall have votes as members of said council, and the person pre-
siding at the time of any tie vote shall have the casting vote.

The recorder shall attend all meetings of the council, keep a jour-
nal of its proceedings, have charge of and preserve the records of the
town, and perform such other duties as the council may prescribe.

11. It shall be the duty of the town council, at their first meeting
after their appointment or election, or as soon thereafter as practica-
ble, to appoint a sergeant, who shall hold his office during the term
of the council which elected him and until his successor is duly
elected and qualified, and who shall, witbin the limits of said town
and two miles beyond said limits, have the powers and be subject to
all the laws applicable to constables by the laws of this state and
not inconsistent with the provisions of this act.

The town council shall require of said sergeant a bond in such
penalty and with such conditions and such sureties as it may pre-
scribe, which bond shal] be filed with the records of said town and
a copy thereof, certified by the mayor, recorded in the bond-books of
the county court of Accomac county; and said sergeant shall take
and subscribe the oaths required by law of county and district
officers, and execute the bond required by the town council before
entering upon the duties of his office.

12. It shall be lawful for said council to make and pass orders, by-
Jaws, ordinances, and resolutions for the government of said town,
so the same be not contrary to the laws and constitution of this
state and of the United States; and for the violation of the same
to prescribe reasonable fines, but in no case to exceed fifty dollars.

13. To meet any expenditures that may be necessary and charge-
able to said town for any purpose, the town council may, at such
times as it may seem proper, levy a town levy of so mucb as in its
opinion may be necessary upon all persons and property in said
town not exempt from taxation by the laws of this state; provided
that a capitation tax greater than one dollar per head on all male
inhabitants of said town over the age of twenty-one years shall not
be levied in any one year; and provided further that the tax levies
on all property shall not exceed twenty-five cents on every hundred
dollars of the assessed value of the property in the town in any one
year; provided, however, that said council, by a two-thirds vote of
the entire council, may exempt any real or personal estate used for
manufacturing purposes, or other enterprises, from all municipal
taxes for a period of not exceeding five years at a time, if it shall
deem it expedient to do so, in order to encourage the establishment
of any enterprise in said town.
14. The town sergeant shall have power to collect the town taxes,
fines, and levies, and one month after the time he shall have received
the book of the’assessor of said town to distrain and sell therefor in
like manner, as now provided by law for the collection of state
taxes, and shall have the same powers as constables and county
treasurers to enforce the collection and payment of such taxes, fines,
and levies and executions issued by the mayor in civil causes; and
such sergeant may at any time be removed by said council for any
neglect or default in duty or for failure to properly account for any
money in his hands, as the counsel may direct.

15. There shall be a lien on all real estate for town taxes and
levies assessed thereon from the commencement of the year from
which they are assessed, and the town council may order and require
real estate within said corporate limits, delinquent for the non-
payment of town taxes thereon, to be rented or sold by the ser-
geant at public auction, and at some public place in said town, for
the arrears, with interest, with such a per centum as said council
may prescribe for all costs and charges, and the surplus, if any,
shall be paid to the person entitled thereto; but before offering such
delinquent real estate for sale or rent, the time, terms, and place of
sale, the amount due thereon, and person in whose name the same
is charged, shall be advertised by posting notices at the front door
of the court-house of Accomac county and at three or more public
places in said town for at least thirty days. Said council shall fix a
time within which such property may be redeemed by any person
who has an interest in such property, or as creditor for such person ;
and if there be a failure to redeem within the time prescribed by
said council, the recorder of said town shall make conveyance of the
real estate so sold in the manner as now provided by law for convey-
ance by clerks of courts of lands sold for taxes, and such conveyance
shall operate to pass whatever title the party charged had in such
property. The lien for town taxes and levies and any conveyance
under this section shall be subject to the lien of any state and county
taxes and all prior liens of every kind belonging to any individual,
firm, or corporation, due on the real estate upon which such lien is,
or which may have been, 80 conveyed.

16. The said town and taxable persons and property therein shall
be exempt and free from the payment of any road tax until after
said town shall have failed, at its own expense, to keep its streets in
order.

17. The county courts of Accomac or Northampton, or the circuit
court of the eighth district, shall in no case grant license to any
person for the sale of liquors, wines, beer or other alcoholic stimu-
lants within the corporate limits of said town, or within one mile of
same, unless such person shall present a certificate from said town
council certifying that such person is a suitable person for the busi-
ness, and that the place where such business is proposed to be con-
ducted is suitable, convenient and appropriate.

18. The persons named in the third section of this act shall, imme-
diately after their appointment hereunder, take the oath of office re-
quired by section sixth of this act; and if any fail to so qualify,
those who do so qualify shall appoint other inhabitants from said
town in their room and stead.

19. The town council may levy a tax on or license to agents of
insurance companies; to theatrical or other performances or shows;
to keepers of billiards or pool tables or ten-pin alleys; to other per-
sons engaging in any other business for which a license may be re-
quired by the laws of the state.

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