Chap. 60.—An ACT to amend and re-enact the charter of the town of Culpeper.

Approved January 11, 1898.

1. Be it enacted by the general assembly of Virginia, That the charter
of the town of Culpeper be amended and re-enacted so as to read as fol-
lows:

$1. That the town of Fairfax, in the county of Culpeper, as the same
has been and shall hereatter be laid off into lots, streets and alleys, shall
be, and the same is hereby, made a town corporate by the name and
style of the town of Culpeper, and by that name shall have and exer-
cise the powers, and be subject to all the provisions of the code of Vir-
wilna, except so faras may be herein otherwise provided, and may sue
and be sued by its corporate name,

$2. The Corpor. we limits and bounds of the town of Culpeper shall
he as follows: Begining at the mouth of Tanvard branch, on Mountain
run; thence following the natural bed of said) run to the northwest
corner between Lewis P. Nelson and John Jamieson, on said run; thence
In astraight line at or near Winte oak spring to the old Fredericksburg
road, at the mouth of the lane between the Henley house and the house
of Tra Field; thence with said lane across the road to the Tanyard
branch; thence ina straight line to the southeast corner of the United
States cemetery; thence with the eastern wall of said cemetery in a
straight line to said Tanvard branch; thence with said branch to be-
Inning.

$3. That J. Bo Stanard, L. P. Nelson, G. D. Gray, D. Jameson, J.
N. Armstrong, J. FL Snyder and I. M. Latham, are hereby appointed
commissioners to divide said town into four wards, a majority of whom
may act, Whose report shall be returned to and filed in the clerk’s office
of the county court of Culpeper COMMITS.

$4. The municipal authorities of said town shall consist of a mayor,
recorder, treasurer, and six councilmen, who shall be elected every “two
years on the fourth Thursd: av in May, by the qualified voters of said
town; and all persons qualified to vote in said elections shall be eligible
to any of said offices. The reeorder shall be assessor of said town.

§ 5, All corporate powers of said corporation shall be exercised by the

said council, or under their authority, except when otherwise provided,
including all the powers heretofore vested in the trustees of said town.

§ 6. There shall be appointed by the joint act of the judges of the
circuit and county courts of Culpeper county, three competent resident
freeholders of the said corporation who shall be known as the board of
police commissioners for the town of Culpeper, whose term of office,
after the expiration of the terms of those first appointed under this
charter, shall be three years, and whose appointment shall be made
prior to the first day of July, one to be appointed each year. The first
appointment of said board shall be made as soon as practicable after the
paxsave of this act, and the said judges shall designate which of said
board so appointed shall hold his office until July first, eighteen hun-
dred and ninety-cight, July first, eighteen hundred and ninety-nine,

July first, nineteen hundred; respectively, and their term of office shall
hegin as soon as they are appointed, The said board of police commis-
sioners, shall, prior to the first day of June of each year, appoint a
town sergeant for said corporation, who shall be a qualified voter of the
said town, and whose powers, duties and habilities shall be as prescribed
in this charter. They shall have power to remove said officer for mal-
feasance or incompetency in office, or neglect of duty; but the cause of
such removal shall be entered at length upon the journal of the council
upon a certificate thereof of the said board of police commissioners.

Anv vacancy in the office of town sergeant shall be forthwith filled by

said board for the unexpired term. Any vacancy in the office 6f police
commissioner shall be filled forthwith by the judges aforesaid, and the
person so appointed shall hold his office for the unexpired term of the
member whose place has become vacant.

No person while a member of the board of police commissioners shall
hold any other office under this charter, and the qualification in one of
said offices shall vacate the other.

§ 7. The election shall be conducted by the sergeant of the town and
such assistants, under such supervision, at such places and under such
rules and regulations as the council may preseribe. If the sergeant be
absent or neapable of acting, the elections shall be conducted by such
person or persons as the council shall appoint.

$8. The council may prescribe the manner of declaring and certifving
e he tions, of determining contested elections and of deciding between
two or more, when the greatest number of votes shall be equal, and. of
filling vacancies in the atid offices.

$9. The council in existence at the time of any election shall judge
of the election, qualification and returns of the members, newly elected;
and should any person returned be adjudged unduly elected or not qual-
ified to hold the office for which he is chosen, a special election to fill
the vacancy shall be held.

It shall be the duty of the mayor as soon as mavy he after an election,
and within ten days thereafter, to call a meeting of the council to exam-
ine the returns; and the council shall forthwith cause the persons elected
to be notified of their election; and whenever a vacancy shall occur
from any cause in the office of mayor or recorder, the council for the
time being shall at once order a special election to be held to fill the
vacancy, of which election two weeks’ notice shall be given and published
by the ‘council.

§ 10. The mayor, recorder, treasurer and councilmen shall each, before
entering upon the duties of their offices, and within two wecks from the
day of their election, make oath or affirmation that they will truly,

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faithfully and impartially discharge the duties of their said offices to
the best of their abilities, so long as they shall continue therein. The
mayor, recorder and treasurer shall take said oath before a notary public,
and the councilmen before the mayor or recorder.

$11. If anv one who shall have been duly elected mayor, recorder,
treasurer or councilman, shall not be chytble as herein prescribed, or
shall refuse or neglect to take the oath or athrmation, or to give the bond
required by this act, for four weeks from the day of his election the
couneil, for the time being, shall declare his said office vacant, and shall
order a new election for Inavor, recorder, treasurer or councilman, as
the ease may be, of which said election ten days’ notice shall be given.

$12. Whenever from any cause a vacancy shall occur in the office
of “compete an, the council for the time beimg shall, by a vote of the
majority present, fill it by choosing a councilman from among the citi-
AG ils of the town chgible to-that office under this act.
$13. The council shall be presided over at its meetings by the mayor,

or, "in his absence, by the recorder, or, in the absence of both mayor
and recorder, by one of the councilmen selected by a majority of the
council present.

$14. The presence of the mayor and recorder and at least three coun-
cilmen, or, in the absence of both mavor and recorder, the presence of
four councilmen shall be necessary to make a quorum for the transac-
tion of business.

$15. The council shall cause to be kept in a journal an accurate
eared of all its proceedings, by-laws, acts and orders, which shall be
fully indexed and open to the inspection of any one who is entitled to
vote for members of the council.

$16. At each meeting of the council the proceedings of the last
meeting shall be read to the council, and shall thereupon be corrected,
if erroneous, and signed by the person presiding for the time being.
Upon the ¢ ‘all of any member, the aves and noes on any question shall
be called and recorded in the journal.

$17. In all cases of a tie at any mecting of the council, the mayor
or recorder, 1f presiding, shall have the casting vote.

$18. The council so constituted shall have power within said town to
lav off, open, eurb and pave streets, alleys, walks and gutters for the
public use, and to alter, Improve and light the same and have them
kept mn ge od order and free from obstructions on or over them; to regu-
late the width of sidewalks on the streets, and to order the sidewalks,
footwavs and gutters to be curbed and pav ed and kept in good order, free
and clean, by “the owners or 0c cupants thereof, or of the real property
next adjac ent thereto; to lay off public grounds, and to provide, con-
tract for, and take care of all public buildings proper to the town; to
establish and regulate markets; to prescribe “the time for holding ‘the
same, and what articles shall he sold only in such markets; to prevent
injury or annoyance to the publie or individuals from anything danger-
ous, offensive or unwholesome; to protect the places of divine worship
in and about the premises w here held; to abate or cause to be abated
anything which, in the opinion of a majority of the whole council, shall
be a nuisance; to regulate the keeping of gunpowder and other combus-
tibles; to provide i in or near the town, places for the burial of the dead,
and to regulate interments in the town; to provide for the regular build-
ing of houses or other structures and for making of division fences and
for the drainage of lots by proper drains and ditches; to make regula.
tions for guarding against danger or damage from fires to provide for the
poor of the town, and appoint and publish the places of holding tow?
elections, and the time of holding special elections and polls; to pro:
vide a revenue for the town and appropriate the same to the expenses,
and to provide the annual assessment of taxable persons and property
in the town; to adopt rules for the transaction of business and for the
government and regulation of its own body; to promote the genera
welfare of the town, and to protect the property of persons therein; and
to preserve peace and good order therein; to keep a town guard; to ap:
point and order out a patrol for the town in like manner and for like
purposes within the same as the patrol may be ordered out by the
county court or justice within the county; require and take from the
sergeant and treasurer bonds with sureties, in such penalty as the coun.
cil may see fit, conditioned for the true and faithful discharge of thei
duties (all bonds taken by the council shall be made pay: ‘able to the
town by its corporate name); to permit or prohibit the establishment o
new places for the interment of the dead in or near the town, and te
regulate the same; to erect or authorize or prohibit the erection of gas
works or water works in or near the town; to prevent Injuries to or pol:
lution of the same, or danger to the w: ater and healthfulness of th
town (for all which purposes named in this clause, except that of taxa.
tion, the council shall have jurisdiction for one nile beyond the town)
to regulate and provide for the weighing and measuring of hay, coa
and other articles sold or for sale in said tow hn, and to regulate the trans
portation thereof through the streets.

§ 19. To carry into effect these enumerated powers, and all othe
powers conferred upon the said town, or its council, expressly or by
implication, in this or any other acts of the general assembly of Virginia
the council shall have power to make and pass all needful orders, by
laws, and ordinances not contrary to the constitution and Jaws of Vir
ginia, and to prescribe, impose, and enact reasonable fines and penalties
or imprisonments in the county jail for a term not exceeding thirty davs
in case of contempt, or to enforce the collection of a fine, which fines
penalties, and imprisonments shall be recovered or enforced under th
judgment of the mayor of said town or the person lawfully exercisin:
his functions. And the authorities of said town may, with the consen
of the county court of said county, entered of record, have the right t
use the’ jail of said county of Culpeper for any purposes for which th
use of a jail may be needed by them, under the acts of council or of thi
state.

§ 20. The council shall cause to be annually made up and entered upon
its Journal an account and estimate of all sums which are or may becom:
lawfully chargeable on the said town, which ought to be paid within on
year; and it shall order a town levy of so much as in its opinion is tl
amount which may be raised from licenses and other sources.

§ 21. The levy so ordered may be upon all male persons within saic
town over twenty-one years of age and on all real estate within the said tow1
which is not exempt, from, state taxation, and on al] such other subject
as may at the time he assessable with state taxes: provided, that the tax
do not exceed fifty cents on every one hundred dollars of the value as-
sesre Lon real and personal property, except that an additional sum may
be levied to mect the imterest on the funded debt of the said town, and
provide for the final payment of the principal thereof, which debt shall
not at any time exceed ten per centum of the whole assessed value of
the property within said town: and provided further, that before any
debt shall be created by the said council for money borrowed the counc il,

if it shall decim it to be to the interest of the corporation to create such
debt, evidenced by a reeorded vote of a majority of its members, or if
fitty ‘of the qualified voters of the said town shall present to the council
a petition requesting the same, shall submit to a vote of the qualified
voters of the said town at such time as it may prescribe, not exceeding
sixty days after such recorded vote, or after the said petition shall have
been presented as aforesaid, the question aus to whether said sum of
money shall be borrowed, said clection to be held in the same manner
as other elections are held in the said town, except that the council shall
prescribe the form of the ballots, both for and : against the said loan, and if
three-fifths of the qualified voters voting at such election shall be in
favor of borrowing such money, and sue ch three-fifths shall COMIpTISe ¢

majority of the freeholders participating in such eleetion, the said couned
shall issue for sale the bonds of the said corporation, which bonds shall
in all cases be reaistered, and shall be issued in such denominations
and bear such interest not exceeding six per centum per annum, 2s
may be determined by the said council, sud interest to be payable
quarterly, semi-annually, or annually, as the council may prescribe.
The said council may erect a depository for the money arising from the
sale or negotiation of the said bonds: provided, they shall require such
security therefor as may be approved by the recorded vote of at least
two-thirds of all the members of the council. The existence of the
debt previously contracted shall not prevent the borrowing of such addi-
tional sums of money as may be borrowed subject to the restriction and
according to the terms and in the manner herembefore set forth.

S$ 22. W henever anvthing for which a state license 1s or may under
the constitution of this state or the constitution and laws of the United
States be required is to be done within the said town, the council may

requre a town Heense to be had for doing the same, and may Impose a
tax thereupon for the use of the town; and the council may in any case
in which it sees fit, require from the person so licensed a bond, with
sureties, in such penalty and with such conditions as it may think proper.
Said council may also grant or refuse licenses to owners or keepers of
wagons, drays, carts, hacks, and other wheeled carriages kept or employed
in said town for hire or as carriers for the publi, and may require the
owners or keepers of such wagons, drays, and carts, using them in the town,
to take out a license therefor, and mav require taxes to be paid thereon,
and subject the same to such regulations as they may deem proper.

$25. The revenues froin. these ‘and other sources shall be collected,
paid over, and accounted for at such times and to such persons as the
council shall order. And the said council shall have the further power
and authority to designate the time when the year for which taxes are
assessed shall begin.
§ 24. The sergeant shall collect the town taxes, fines and levies, and
shall have power one month after he shall have received the books of the
commissioner of the revenue of said town, to distrain and _ sell therefor
in like manner as a sheriff may sell and distrain for state taxes, and
shall have in all other respects the same powers as a sheriff to enforce
the payment and collection thereof. And the said sergeant shall have
power to exercise within the corporate limits of said town all the duties
that a constable can legally exercise in regard to the collection of claims,
executing and levying process, and he shall be entitled to the same com-
pensation therefor; and he and his securities shall be Hable to all the
fines, penalties and forfeitures that a constable is legally Hable to forany
failure or dereliction in his said office, to be recovered in the same man-
ner and before the same courts, that said fines, penalties and forfeitures
are now recovered against a constable. But said council shall have
power at any time to appoint a special colleetor of taxes and levies for

said corporation, and such special collector, upon executing before said

council a bond with good security, in such penalty as may be preseribed
by said council, conditioned for ‘the faithful performance of his duties,
us 1s prescribed i in the twenty-eight section of this act, shall have all the
powers for the collection of such taxes and levies as is given to the ser-
geant by this section and shall be subject to the same penalties, reme-
dies and Habilities.

$25. There shall be a lien on the real estate within said town for the
town taxes assessed thereon, from the commencement of the year from
which they are assessed. When any of said taxes are returned delin-
quent a list of the same shall be returned to the clerk of the county
court of Culpeper county, and be by him entered in a book furnished by
the said town, and kept in his said office, the form and manner of en-
tering the same to be similar to that provided by law for the record of
delinquent taxes on real estate due the state. In said book there shall
also be columns in which shall be entered the names of purchasers, the
amount and date of sales of real estate sold for delinquent taxes as pro-
vided in this charter, When the taxes so returned delinquent are en-
tered into said record as herein provided, the same shall be held to be
constructive notice of the lien thereof, and the said real estate shall be
liable thereto as against creditors, and in the hands of purchasers or
other persons into whose hands the said real estate may pass. And the
said real estate may be sold for said taxes as provided in this charter,
whether owned by the persons in whose namics it: was assessed) or not.
After said real estate has been so sold for taxcs the same may be re-
deemed within such time, and by such persons and upon such ternis as
is provided by law for the redemption of lands sold for state taxes, except
that the moneys paid for such redemption shall be paid to the treasurer
of the town of Culpeper. Upon the redemption of said real estate the
treasurer shall issue to the persons so redeeming it a certificate to that
effect, which shall be presented to the clerk of the county court, who
shall thereupon mark in the said record the redemption of said real ox-

tate, the name of the party redeeming it, and the date thereof. The
clerk shall receive for his services a fee of ten cents for cach lot of land
so entered in said record, a fee of ten cents for the entry of such sale of
real estate, as is provided in this charter, and a fee.of twenty-five cents

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for each redemption so entered, to be paid by the town of Culpeper, and
which shall be charged against and be a Hen upon said Jand along with
the taxes against the same. At the expiration of the time within which
sald real cxtate may be redeemed, if the same has not been redeemed,
as here provided, the recorder of the town of Culpeper shall execute
to the purchaser thereof a deed conveying the same in like manner as is
how preseribed by law for the convevance of real estate by the clerk of
the county court, whieh has been sold for delinquent taxes due the state,
and such deed. shall convey such tithe as would) be conveyed had the
same been sold for delinquent state taxes,

$26. The county court of Calpeper on the appleation of the council
may order real estate, delinquent for the non-payment of taxes, to be
sold by the treasurer at public auction for such taxes at such time as it
shall direct; said salejand the advertiscment thereof to be made in eon-
formiityv, as Near as ne: iv be, to the state law with reference to the sale of
delinquent kinds. When such sale has been made the sume, with the date
thereof, the name of the purchaser, and the amount for which the said
real estate sold. shall be entered by the clerk in the record of delinquent
real estate provided for in section twenty-five.

$27. The council may prohibit any theatrical or other performance,
show, orexlibition, which it may deem injurious to the morals or good
order of the town,

S28. The recorder, treasurer, sergeant, and such special collector as
provided for in the twenty-fourth section shall, before entering upon the
duties of their offices, execute before the council of said town bonds
With satisfactory security as follows: The bond of the recorder shall be
in the penalty of five hundred dollars; and the bond of the treasurer,
sergeant and speetal collector shall eac ihe ina penalty of not less than
five thousand dollars: provided, that if the sergeant is not required: to
collect the taxes and levies of the sad) corporation, then the penalty of
his bond may, in the discretion of the council, be Jess than five thou-
sand dollars, and that the bond of the special collector may, in the dis-
cretion of the council, be fixed at double the smount of taxes and levies
collected by him. The bond of the recorder shall be conditioned for
the faithful performance of the duties of is office, and the bonds of
the treasurer, sergeant and special collector shall be conditioned for the
faithful performance of their respective duties as such, and for the
proper collection and accounting for all moneys which shall come inte
their hands, respectively, or which it shall be their respective duty to
collect at such time as the council may order, and to pay over all mon-
evs under proper order of the council to those entitled to the same.

$29. The mavor shall be the chief executive officer of the town.
He shall take care that the by-laws, ordinances, acts and resolutions of
the couneil are farthtally executed. Fle shall be ex-officio a conservator
of the peace within the town and shall, within the same. exercise all the
powers vested in the Justice of the peace for the county, except that he
shall have no jurisdiction as sueh in eivil causes. Te shall have eon-
trol of the police of the town, and may appoint special police officers
when he deems it necessary. Et shall be his duty especially to see that
peace and good order are preserved, and that the persons and property
are protected in the town. He shall have power to issue executions for
all fines and costs Imposed by him, or he may require the tmimediat
payment thereof; and in default of such payment, he may commit th
party in default to the jail of Culpeper county until the tine and cost:
shall be paid; but the term of imprisonment in such case shall not ex:
ceed thirty days. He shall from time to time reeommend to the coun
cil such measures as he may deem needful for the welfare of the town.
He shall receive a salary of one hundred dollars per annum, to be paid
bv the treasurer in quarterly instalinents.

§ 30. The duty of the recorder shall be to keep a journal of the pro-
ceedings of the council and have charge of and preserve the records
of the town. In the absence from town or sickness of the mayor,
or during any vacancy in the office of mavor, he shall perform the
duties of the mayor and he invested with all his powers. He shall be a
conservator of the peace within the said town. He shall receive a com-
pensation for his services not to exceed three hundred dollars per annuin,
to be fixed annually for the ensuing vear by the council preceding thie
election of the officers of the town, which shall not be increased or di-
milnished for the term for which he shall have been elected. He shall
issue Warrants upon the treasurer for all moneys ordered to be paid by
the counel, which warrants shall be drawn upon the treasurer pavable
to the person or persons entitled to receive the same, and signed ly: the
mayor of the town and countersigned by the recorder. He shall pre-
vide a book of blank warrants, to each of which shall be attached a
stub, upon which stub shall be entered the number of the warrant

aken therefrom, the name of the person to whom payable, the amount
and date thereof, and for what issued, all of which shall correspond
with the warrant so issued. This hook, with all others kept bv the
recorder, shall be open at any time to the inspection of the council «
any member thereof. He shall be ex-ollicio the assessor of the corpor: \-
tion, with like powers and duties as a commissioner of the revenue in
the assessment of persons and property for state taxation, and shall
make and preserve a book in which the real estate of the town is as-
sessed, and one in which the persons and personal property of the town
is assessed for taxation, and shall return the same to the council at such
time as it may prescribe for its inspection and approval. To the per-
sonal property book he shall make and subscribe an oath that he ac-
tually assessed the personal property of each person named therein
according to law; that the said book contains, to the best of his belict,
a complete list of all the persons and pe rsonal property within the town
assessable for corporation taxes, and that the value put upon the prop-
ertv therein are just and fair.

& 31. In case of the absence from town or sickness of both mayor and
recorder, and in case the offices of mayor and recorder are both vacant
at the same time, the council shall, by vote of a Majority present, ap-
point one of their own number to till cach office until the Mavor or re-
corder may return to resume their dlatics or a new election Is had of said
officers,

§ 32. It shall be the duty of the town sergeant and of the special col-
lector to collect the taxes, fines, and other income and other revenue of
the town, as the council may prescribe or as specitied in their respective
bonds, and to account for and pay the saine to the treasurer at such time

. Sam 7
is the council may order and at such time as the council may prescribe,
‘o render an account to the council showing their receipts and disburse-
ments of the money which they have collected, and to account for all
axes and other revenues which have been placed in their hands for col-
lection, and to return therewith a list of such as they shall have been
unable to collect by reason of insolvency, to which list the officer so
rendering it shall make oath that he has used due diligence to collect the
same, but has been unable to do so.

The council shall, if it be satisfied that he could not have collected
the said claim by use of due diligence, allow them, but if the council
shall be of opinion that by the use of due diligence on the part of said
sergeant or collector he could have collected said taxes or other claims
then he shall be chargeable with such as he might have collected. The
sergeant shall do and perform all the other acts appertaining to the office
of sergeant of a corporation and of a police and constable office within
the said town, and as such shall have the same powers, duties, fees and
abilities which are by Jaw prescribed te a constable. He shall for his
services recelve such compensation as shall be fixed by the council, not
to exceed five hundred dollars per annum.

§ 33. All moneys belonging to said town shall be paid over to the
treasurer, and no money shall be paid out except as the same shall have

been appropriated and ordered to be paid by the council; and the trea-
surer shall pay the same only upon w arrants drawn upon him as pro-
vided in section thirty of this charter. He shall keep regular accounts
with the town, crediting it by all moncys received and charging it with
ull moneys so ‘disbursed, which books, as well as all others relating to
the business of the town, shall be open at any time to the inspection of
the council or any member thereof. He shall also keep a book in which
shall be registered all warrants presented, payment of which is refused
or want of funds to meet the s Same, and the warrants so registered shall
he paid in the order in which they are registered when funds applicable
hercto shall come into his hands, except that the person to whom any
warrant is made payable may use the same in the payment of his taxes.

Should the person to whom any warrant is made payable be indebted to
the town for taxes or otherwise then the said indebtedness shall be de-
ducted therefrom, whether in the hands of the person to whom payable
wr any other. He shall annually, on the first day of June, or as soon
hereafter as practicable, settle his accounts with the council or a com-
mittee thereof, at which time he shall furnish a statement of all moneys

received by him during the preceding year and of all disbursements
made, together with the warrants upon which said payments were made,

vhich warrants shall be inspected, and, if approved, cancelled by said
‘ouncil or committee, as the case may be. He shall receive a compen-
ation for his services not to exceed three hundred dollars per annum,

o be fixed annually for the ensuing year by the council preceding the
lection of the officers of the town, which shall not be increased or
liminished for the term for which he shall have been elected.

§ 34. If the said treasurer shall fail to account for and pay over all or
iny moneys that shall come into his hands when thereto required by
he council, it shall be lawful for the council, in the corporate name
f the town, by motion before any court of record held in Culpeper
county, to recover from the said treasurer and his sureties or their per-
sonal representatives, any sums that may be due from said treasurer to
said town on ten days’ notice. But this section shall not be construed to
prevent the bringing of any action by the town which it might have
brought had this section not been passed.

§ 35. Before entering upon the duties of their respective offices, the
mayor, sergeant, recorder, treasurer and councilmen shall make oath
or affirmation that they will truly, faithfully and impartially discharge
the duties of said offices so long as they remain therein.

§ 36. If the sergeant or special collector shall fail to collect, account
for, and pay over all the taxes, fines and other revenues of the town in
his hands for collection according to the condition of his bond, it shall be
lawful for the council to recover the same by motion in the corporate name
of the town before any court of record in the said county of Culpeper
against the said sergeant or special collector and sureties of either in his
said bond, or any or either of them, his or their executors or adminis-
trators, on giving ten days’ notice of the same. But this section shall
not be construed to prevent the bringing of any action by the town which
it might have brought had this section not been passed.

§ 37. The said town and the taxable persons and property therein
shall be exempt and free from the payment of any poor rates or road
tax for any vear in which it shall appear that said town shall, at its own
expense, provide for its own poor and keep its streets in order.

§ 38. The council shall have the power to make such ordinances, by-
Jaws, orders and regulations as they may deem necessary to prevent
hogs, dogs and other animals from running at large in the limits of the
corporation, and may subject the same to such fines , regulations and
taxes as they may decm proper, and which fines and ‘taxes shall con-
stitute liens on the same, and the said animals may be sold, after ten
days’ notice, to enforce payment of said fines and taxes.

§ 39. The council shall not take or use any private property for streets or
other public purposes without making to the owner or owners thereof just
compensation for the same; but 1n all cases where the said corporation can-
not by agreement obtain title to the ground necessary for such purposes, it
shall be lawful for said corporation to apply to and obtain from the county
court of Culpeper, or the circuit court thereof, for authority to condemn
the same, which shall be applied for and procecded with according to law.

§ 40. All the rights, privileges and propertics of the said town hereto-
fore acquired and possessed, owned and enjoyed by any act now in force,
not in conflict with this act, shall continue undiminished and remain
vested in said town under this act, and all laws, ordinances, acts and
resolutions of the trustees now in force, not inconsistent with this act,
shall be and continue in full force and effect until regularly repealed by
a council elected as provided under this act.

§ 41. The council shall not have the power to pay, or order to be
paid, salaries or compensation to any other officers except those pre-
scribed by this act, nor shall they contract any debt or liability, or make
any appropriation ‘of money, without the concurrence of at least four
members of the council, entered on the journal.

§ 42. All acts and parts of acts in contlict with this act are hereby

rep aled. gle
. This act shart 9 irMforce from its passage.