Chap. 819.—An ACT to provide a new charter for the town of Berryville.

Approved March 3, 1898.

1. Corporate limits.—Be it enacted by the general assembly of Vir-
ginia, That the town of Berryville, in the county of Clarke, as the same
has been and shall hereafter 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 Berryville, and by that name shall have and exercise
the powers, and be subject to all the provisions of the code of Virginia,
except so far as may be herein otherwise provided, and may sue and be
sued by its corporate name.

2. That the corporate limits and bounds of the town of Berryville shall
be as follows: Beginning at the corner of the Episcopal parsonage lot;
thence with the line of said lot a western course to a point on the western
side of Charlestown turnpike; thence with the line of said pike north-
ward to a point on the same, the intersection of the northern line of
Thompson and Ogden’s lot, purchased of Helvestine, with said turnpike;
thence with the said line of Thompson and Ogden and the Jine between
John O, Crown and A. Moore, Junior, in a western course to the point
of intersection with the line of A. Moore, junior; thence with the line
between said A. Moore, Junior, and said Crown in a southern course, ex-
tending said line across the Winchester pike and into the Tyson land to
its intersection with a Ine starting from the southwest corner of Mistress
Kate McDonald's lot and the Millwood turnpike, and at right angles to
the line of said turnpike; thence by the said line last mentioned to said
MeDonald’s said corner; thence by a line due east to its intersection
with a line parallel to the line of the Norfolk and Western railroad and
one hundred yards east thereof; thence from said intersection with said
parallel line in a northern course to its intersection with the said line of
sald Episcopal lot, prolonged towards the east, and thence with said pro-
longed line to the beginning.

3. The said town of Berryville shall be divided into four wards as at
present laid off,
1. Rights and privileges.—All the rights, privileges, and properties o!
the said town heretofore acquired and posses-ed, owned and enjoyed, by
any act now in force, not in conflict with this act, shall continue undi-
minished and remain vested in said town under this act; and all laws,
ordinances, acts, and resolutions of the council now in force and not in-
consistent with this act shall be and continue in full force and effect
until regularly repealed by a council elected as provided under this act.

2. The persons holding any of the offices provided for in this charter,
which offices have existed under the charter heretofore in force, shal]
continue to hold the same until the sixteenth day of October, eighteer
hundred and ninety-eight; and all ordinances and Jaws in force the day
before this charter goes into effect, so far as is consistent herewith, and al
liabilities, rights, actions, claims, contracts and prosecutions arising there.
under shall remain and continue as if this act had not been passed; anc
all ordinances and laws in force immediately before the passage
of this charter, so far as is consistent herewith, and all liabilities, rights
actions, claims, contracts and prosecutions arising thereunder shal
remain and continue as if this act had not been passed.

Cnapter ITI.

1. Municipal authorities; how elected.—The municipal authoritie:
of said town shall consist of a mayor, recorder and four councilmer
(the councilmen to reside one in each ward), to be elected by the voter:
of said town annually on the third Thursday in September by the voter.
of said town; and they shall enter upon the duties of their severa
offices on the sixteenth day of October following. All persons qualifie:
to vote in said corporation shall be eligible to either of said offices. Thi
first election hereunder shall be held on the third Thursday in Septem
ber, eighteen hundred and ninety-eight.

2. Qualification of officers; terms of office.—The mayor, recorde
and councilmen shall each, before entering upon the duties of thei
office, make oath or affirmation that they will truly, faithfully and im
partially discharge the duties of their said offices to the best of thei
abilities, so long as they shall continue therein. ‘The mayor shall tak
said oath before any officer authorized by law to administer oaths, an
the councilmen before the mayor. The same shall continue in offic
until the qualification of their successors.

3. Other officers.—There shall be a town sergeant, treasurer and a1
assessor of said town, appointed by the council.

4. Election to be conducted by the sergeant.—The election shall b
conducted by the sergeant of the town, and such assistants, under suc
supervision, at such places, and under such rules and regulations as th
council may prescribe. If the sergeant be absent, or incapable of act
ing, the elections shall be conducted by such person or persons as th
council may appoint.

5., Contested Elections.—The council may prescribe the manner c
declaring and certifying elections, of determining contested elections an
of deciding between two or more, when the greatest number of votes
shall be equal, and of filling vacancies in the said offices.

6 Judge of qualification and election; special election for disqualified ;
special election to fill vacancies. —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 qualified 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 may be after an election, and within ten days
thereafter to call a meeting of the council to examine 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.

7. Whenever, from any cause, a vacancy shall occur in the office of
councilman, town sergeant, treasurer or assessor the council for the time
being shall, by a vote of a majority of the council, fill such vacancy by
electing some resident of the town eligible under this act to such office.

8. Ineligibility and how remedied.—If any one who shall have been
duly elected mayor, recorder or councilman shall not be eligible, as
herein prescribed, or shall refuse to take the oath or affirmation required
under this act for two weeks from the day of his election, the council
for the time being shall declare his office vacant and shall order a new
election for mayor, recorder or councilman, as the case may be.

0. Bonds required of sergeant and treasurer; penalty of sergeant’s
bond; conditions; conditions of treasurer’s bond.—The council shall
have power to require and take from sergeant and treasurer bonds, with
sureties satisfactory to the council, in such penalties as they may deem
suflicient, except that as to the sergeant it shall not be for a penalty less
than three thousand dollars; and said bonds shall be conditioned for the
faithful and true performance of his duties as sergeant and for the col-
lecting and accounting for and payment of taxes, fines and other moneys
of the town which shall come into his hands or which shall be his duty
to collect at such times and to such persons as council may order.

The treasurer’s bond shall be conditioned for the faithful performance
of his duty as treasurer, and that he will faithfully pay over and account
for all moneys that shall come into his hands as treasurer, when and as he
shall be thereto required by the council.

10, Oaths of sergeant and treasurer.—Before entering upon the duties of
their office the sergeant and treasurer shall make oath or affirmation before
the mayor or person who, for the time being, shall preside at the council
meeting, that they will truly, faithfully, and impartially discharge the
duties of their office so long as they shall remain therein.

Cuarrer IV.

1, Mavor, his duties and so forth.—The jurisdiction of the mayor’s
court shall extend to the corporate limits of the town and to a space of
one nile without and around said limits.

2. The mayor shall be the chief executive officer of the town. He
shall take care that the by-laws, ordinances, acts, and resolutions of the
council are faithfully executed. He shall be ex-officio a conservator and
justice of the peace within and one mile outside the corporation limits
of said town; and for any act done within said limits amounting to or
tending to a breach of the peace, or disturbing the peace or quiet of said
town, shall have power to proceed against the offenders as if the same
were done within the corporation limits of said town: provided, that
the mayor shall have no jurisdiction in any capacity in civil causes. He
shall have control of the police of the town, and may appoint special
police officers when he deems it necessary. It shall be his duty especially
to see that peace and good order are preserved, and that the persuns and
property in the town are protected.

3. The mayor shall have the power to remove or suspend anv swhordi-
nate officer of the town for misfeasance or malfeasance in oflice, and
whenever the mayor shall act under this section, he shall report the fact,
with his reasons therefor, to the council at its next regular meeting, which
shall determine the propriety of his act.

4. The mayor shall, by virtue of his office, preside over the meetings
of the council and shall have the right to vote on all matters before the
council, and in the case of a tie shall have the c casting vote.

5. He shall have power to issue executions for all costs and fines im-
posed by him, or he may require the immediate payment thereof, and
in default of such payment he may commit the party in default to the
jail of the county until the fines and costs shall be paid, but the time
of imprisonment in such case shall not exceed sixty davs

6. The mayor shall communicate to the town council annually, 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 recommenda-
tions as he may deem proper.

7. In case of the absence or disqualification or inability of the mayor,
or during any vacancy in the office of mayor, the recorder shall perfurm
the duties of mayor, and be invested with all his powers.

8. The mayor shall receive a compensation for his services to be fixed
by the council, which shall not be diminished for the term for which he
shall have been elected.

CHAPTER V.

1. Duties of recorder—mayor pro tempore—compensation.—The duty
of the recorder shall be to keep the journal of the proceedings of the
council, and have charge of and preserve the records of the town. In
the absence from town or disqualification or inability or sickness of the
mayor, or during any vacancy in the office of mayor, he shall perform
the duties of mayor, and be invested with all his powers. He shall be
a conservator of the peace within the town. He shall receivea compen-
sation for his services, to be fixed by the council, which shall not be in-
creased or diminished for the term for which he shall have been elected.

2. Absence of mayor and recorder.—In case of the absence from town
or sickness of both mayor and recorder, and in case the oflices of mavor
and recorder are both vacant at the same time, the council shall, by a
vote of a majority present, appoint one of their, mumber to fill each
office until the mayor or recorder may-return to resume their duties, or
a new election is had at said offices.

3. Treasurer to pay only upon certificate of recorder.—All moneys be-
Jonging to the 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, or majority of street committee, and
the said treasurer shall pay the same upon the certificate of the re-
corder, or in his absence upon the certificate of the mayor.

CHAPTER VI.

1. Duties of the treasurer.—It shall be the duty of the treasurer of
the corporation to collect all taxes and licenses and account for all the
money which comes into the treasury of the corporation during his con-
tinuance in office, and to pay all drafts made upon him in conformity
with the ordinances of the common council.

2. Torender statement of receipts and expenditures during fiscal year;
failure to make statement forfeits compensation; quarterly statements;
penalty. —The treasurer of the corporation shall exhibit to the common
council, which shall convene for that purpose, in the first week after the
termination of every fiscal year, or to such committee as shall be ap-
pointed for that purpose, a detailed statement of his receipts and ex-
penditures for the current year, and in case he shall fail to exhibit his
statement as aforesaid, he shall forfeit the compensation to which he
would have been entitled for his services, and it shall moreover be the
duty of the treasurer to lay before the council quarterly a general state-
ment of the condition of the treasury, under a penalty of twenty dollars
for default therein.

3. Books subject to examination.—The books of the treasurer shall
be subject to the control of the council, and shall, at any time when re-
quired, be exhibited to them or such committee as they shall appoint.

4. Appropriations for improvements.—In every case of an appropria-
tion for any improvement, for the execution of which commissioners
are appointed, it shall be the duty of the treasurer to charge in his general
account the whole amount of such appropriation to said commissioners
and to keep a separate account with such commissioners, giving them
credit for such appropriation and charging them with all money which
may be drawn by them, and a statement, signed by a majority of said
commissioners, showing a settlement between said commissioners and the
treasurer, shall be his voucher for his charge in his general account.

5. Failure to pay drafts when money in hand; forfeit.—In case the
treasurer shall fail to pay any draft or order drawn on him by any per-
son properly authorized by the common council to draw the same he
shall forfeit and pay to the use of the person entitled to the henefit of
said draft or order ten per centum per month on the amount of said
draft: provided, always, it shall appear that at the presentation of said
order or draft there was a suflicient fund in the treasury not otherwise
appropriated to have paid the same.

6. ‘To pay on order of council, and so forth; penalties. —No payment
shall be made by the treasurer, except by order of the common council,
or by a majority of the commissioners appointed ,by,.some ordinance,
or upon order of two members of the street committee, or upon the
order, not exceeding five dollars at any time, of some public officer

countersigned by one or more members of the finance committee, under

a penalty of twenty dollars for each offence.

«. Not to receive claims against corporation; penalty.—It shall not
be lawful for the treasurer to receive from the collector of the revenue
any claim or claims against the corporation, liquidated by himself, asa
satisfaction for so much money paid by him into the treasury, under a
penalty of twenty dollars for each offence.

8. To report failure of collection; penalty. —In case the collector of
the delinquent taxes and levies shall fail to close his collection, and pay
the amount thereof into the treasury on or before May first in each and
every year, it shall be the duty of the treasurer to give immediate notice
to the common council of such failure, under a penaity of twenty dol-
lars for each failure or neglect therein.

9. Treasurer to execute bond.—The treasurer shall not be capable of
executing any of the duties of his oflice until he has given bond accord-
ing to law.

10. If the treasurer fails to account for and pay over all or any
moneys that shall come into his hands when thereto required by the
council, it shall be lawful for the council, in the corporate name of the
town, by motion before any court of record held in Clarke county, to
recover from the treasurer and his sureties, or their personal representa-
tives, any sum that may be due from said treasurer to said town, on ten
days’ notice.

CuHapTer VII.

1. Duties of sergeant; to render account every month.—It shall be
the duty of the town sergeant to collect: all delinquent taxes and levies
that may be placed in his hands for collection, either by ordinance or
resolution of the council. And it shall be his duty to pay into the
treasury before the filth day of each month, all sums of money in his
hands belonging to the town, and shall close his collection of taxes and
levies, and pay the amount thereof into the treasury on or before the
first day of May of each year, unless the time shall be extended by
resolution or ordinance of the council.

The town sergeant, after using due diligence to collect the delinquent
taxes and levics, shall make out a list of such as cannot be collected, with
the names of the persons chargeable therewith placed in the list alpha-
betically, and at the foot of such list shall subscribe the following oath:

I, A. B., sergeant of the town of Berryville, do swear that the fore-
going list is, I believe, correct and just; that I have received no part of
the town taxes and levies mentioned in said list, and that I have used
due diligence to find property within said town liable to distress for said
taxes and levies, but have found none.

2. When to allow tax claims; other duties and liability of sergeant. —
The council shall, if it be satistied he could not have collected the said
claims 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 the sergeant he
could have collected any of said taxes or other claims, then he shall be
chargeable with uch ash he might have collected. The sergeant shall do
and perform all other acts appertaining to the office of sergeant of a cor-
poration and of a police officer and constable within said town, and as
such shall have the same powers, duties, and liabilities as are by law
prescribed to a constable. He shall for his services receive such com-
pensation as shall be fixed by the council.

3. Attendance, and so forth.—It shall be the duty of the sergeant-at-
arms to attend the meetings of the common council, to serve notices
upon each member in case of a called meeting, to keep the council
chamber in proper condition for the reception of the council, and in gen-
eral to perform any service the council may require.

4, To render statement to recorder.—It shall be the duty of the ser-
geant-at-arms to execute all laws of the corporation under the supervision
of the mayor, the execution of which is not specially imposed on some
other officer, and to enforce the payment of all fines and forfeitures in-
curred for breaches thereof. He shall pay all money collected by him
forthwith into the treasury, and at the same time return a statement of
the money so paid to the recorder. He shall superintend all the repairs
and improvements directed by law to be made to the streets and other
subjects of repairs and improvements under the control and direction of
such commissioners as may be appointed by the several ordinances di-
recting the same; shall supervise the streets and thoroughfares of the
town, and when the same are not in proper repair make report thereof
to the common council. He shal] pay special attention to the health of
the town and removal of substances which tend to annoy or injure the
health of the inhabitants.

He shall keep the public streets and alleys properly cleansed in such
manner as the conimon council or sanitary committee may from time to
time direct, and under like direction shall keep the sidewalks opposite
the public grounds clear of snow and ice. He shall exercise constant
vigilance over all the different parts of the town for the purpose of en-
forcing such laws as may be his duty to enforce, and shall do and per-
form all other matters and things touching the above subjects hereinafter
required, or by ordinances which the common council may from time to
time enact.

5. Forfeit for neglect of duty.—If the sergeant shall neglect or refuse
to perform any oflicial duty, he shall forfeit five dollars for every twenty-
four hours he shall so neglect or refuse, and the mayor is enjoined, on
complaint of any citizen, to cause such forfeiture to be made.

6. Sergeant to arrest without warrant.—The town sergeant, or any
apecial policeman appointed by the mayor, is hereby authorized and em-
powered to arrest without warrant any person or persons seen by them
at the time of arrest, engaged in making an affray, brawling, committing
a breach of the peace, talking or quarreling ina loud and offensive man-
her, treating cruelly an animal, riding rapidly through the streets, or
doing any other act in violation of an ordinance of this town that is or
tends to a breach of the peace, or that disturbs the security of the per-
sons or property of the citizens of the town.
Cyaprer VILLI.

, Town Council, Duties, Ke.

1. Presiding officer.—The council shall be presided over at its meet-
ings 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 councilmen present.

2. Quorum.—The presence of the mayor or recorder, and at least two
councilmen, or, in the absence of both mayor and recorder, the presence
of three councilmen shall be necessary to make a quorum for the trans-
action of business.

3. Journal.—The council shall cause to be kept in a journal an accu-
rate record 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.

4. Proceedings of council.—At each meeting of the council the pro-
ceedings of the last meeting shall be read to the council, and shall there-
upon be corrected, if erroneous, and signed by the person presiding for
the time being. Upon the call of anv member, the ayes and noes on any
question shall be called and recorded in the journal.

5. Mayor and recorder entitled to vote. —The mayor and recorder shall
have votes, as members of the council; and in all cases of a tie, the per-
son at the time presiding at the council shall have the casting vote.

6. The council, so constituted, shall have power within said town to
lay off, open, curb and pave streets, allevs, walks and gutters for the
public use, and to alter, improve and light the same, and have them
kept in good order and free from obstructions on or over r them; to regu-
late the width of sidewalks on the streets, and to order the sidew: alks,
footways and gutters to be curbed and paved and kept in good order,
free and clean by the owners or occupants thereof, or of the real pro-
perty next adjacent thereto; to lay off public grounds, and to provide,
contract 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 be sold only in such markets; to prevent
injury or annoyance to the public or individuals from anything danger-
ous, offensive or unwholesome; to protect places of divine worship in
and about the premises where held; to abate, or cause to be abated,
anything which, in the opinion of a majority of the whole council, shall
be anuisance; to rezulate the keeping of gunpowder and other combusti-
bles; to provide, in or near the town, places for the burial of the dead, and
to regulate interments in the town: to provide for the regular building
of houses or other structures, and for the 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 place of holding town
elections, and the time of holding special elections and polls; to provide
a revenue for the town, and appropriate the same to its expenses, and
ty provide the annual assessment of taxable persons and property in the
town; to adopt rules for the transaction of business, and for the govern-
ment and regulation of its own body; to promote the general welfare of
the town, and to protect the property or persons therein, and to pre-
serve the 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 a justice within the county; require and take from the
sergeant and ‘treasurer bonds, with such sureties, in such penalty, asthe
council may see fit, conditioned for the true and faithful discharge of
their duties (all bonds taken by the council shall be made payable to the
town by its corporate name); to permit or prohibit the establishment of
new places for the interment of the dead in or near the town, and to
regulate the same; to erect, or authorize, or prohibit the erection of gas-
works or waterworks in or near the town; to prevent injuries to or pollu-
tion of the same, or damage to the water and healthfulness of the town
(for all of which purposes named in this clause, except that of taxation,
the council sball have jurisdiction for one mile beyond the town); to
regulate and provide for the weighing and measuring of hay, coal and
other articles sold or for sale in said town, and to regulate the trans-
portation thereof through the streets.

7. Power to make and re-enact ordinances, and so forth.—To carry
into effect these enumerated powers, and all other 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 laws of Virginia, and to prescribe, im-
pose, and enact reasonable fines and penalties, or imprisonments in the
county Jail for a term not exceeding sixty days, all which fines, penal-
ties, and imprisonments shall be recovered or enforced under the judg-
ment of the mayor of said town, or the person lawfully exercising his
functions.

8. Right to use the jail of Clarke county.—And the authorities of the
said town may, with the consent of the county court of said county, en-
tered of record, have the right to use the jail of said county of Clarke
for any purpose for which the use of a jail may be needed by them,
under the acts of council or of the state.

9 Annual estimates; town levy.—The council shall cause to be an-
nually made up and entered upon its journal, an account and estimate
of all sums which are or may become lawfully chargeable on the said
town, which ought to be paid within one year; and shall order town levy
of so much as in its opinion is the amount which may be raised from
licenses and other sources.

10. Subjects of levy; bases of levy. —The levy so ordered may be
upon all free male persons within said town over sixteen years of age,
dogs, and on all real estate within said town which is not exempted from
state taxation, and all such other subjects in said town as may at the
time be assessed with state taxes: provided, that the tax does not exceed
one dollar on every one hundred dollars of the value assessed on real
and personal property, or fifty cents per head on each taxable person.

11. Power to tax license upon basis of state license; bond. —When-
ever anything for which a state license is required is to be done within
the said town, the council may require a town license to be had for doing
the same, and may impose a tax thereon for the use of the town; and
the council may, in any case in which it sees fit, require from the per-
son so licensed a bond, with sureties, in such penalty and with such
condition asit may think proper.

12. Power to refuse license to, and power to tax wagons, drays, and
so forth.—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 public; and may
require the owner or keepers of such wagons, drays, and carts using them
in the town to take out a license therefor; and may require taxes to be
paid thereon, and subject the same tosuch regulations as they may deem
proper.

13. Of revenue.—The revenue from these and other sources shall be
collected, paid over, and accounted for at such times and to such per-
sons as the council shall order.

14. Lien for taxes.—There shall be a lien on real estate for the town
taxes assessed thereon from the commencement of the year for which
they are assessed.

15. Sale of delinquent property at public auction. —The council may
order and require real e<tate in the town, delinquent for the non-payment
of taxes, to be sold by the sergeant at public auction for the arrears, with
interest thereon, with such per centum as the council may prescribe, for
charges, and the surplus shall be paid the owner, and they may regulate
the terms on which real estate so delinquent may be redeemed.

16. Prohibiting theatricils.—The council may prohibit any theatrical
or other performance, show, or exhibition, which it may deem injurious
to the morals or good order of the town.

17. Bonds required of sergeant and treasurer; penalty of sergeant’s
bond, conditions; conditions of treasurer's bond.—The council shall
have power to require and take from sergeant and treasurer bonds, with
sureties satisfactory to the council, in such penalty as they may deem
sufficient, except that as to the sergeant it shall not be fora penalty less
than three thousand dollars; and said bonds shall be eonditioued for the
faithful and true performance of his duties as sergeant, and for the col-
lecting and accounting for and payment of taxes, fines, and other moneys
of the town which shall come into his hands, or which shall be his duty
to collect, at such times and to such persons as council may order.

The treasurer’s bond shall be conditioned for the faithful performance
of his duty as treasurer, and that he will faithfully pay over and account
for all moneys that shall come into his hands as treasurer when and as
he shall be thereto required by the council.

18. Procedure against sergeant for failure to pay.—And if the ser-
geant 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 bon:l, 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 of the said county of Clarke, aginst said sergeant and
sureties in his bond, or any or either of them, his executors or admin-
istrators, on giving ten days’ notice of the same.

19. Exempt from réad, poor and county taxes.—The said town and
the taxable persons and property therein shall be exempt and free froin

the payment of any poor rates or road tax, and from contributing to anv
county expenses for any year in which it shall appear that said town
shall, at its own expense, provide for its own poor and keep its strects
in order.

20. Regulating hogs, dogs, and so forth.—The council shall have
power to make such ordinances, by-laws, or 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
sume to such fines, regulations and taxes as they may deem proper, and
which fines and taxes shall constitute liens on the same, and the said
animals may be sold after ten days’ notice to enforce payment of said
fines and taxes.

21. Not to use private property except for compensation; authority
to condemn.—The council shall not take or use any private property
for streets or other public purposes without making the owners thereo f
just compensation for the same. But im all cases where the said coarpo-
ration cannot 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 Clarke, or the circuit court thereof, for au-
thority to condemn the same, which shall be applied for and proceeded
with aceording to law.

22. The council may erect or authorize or prohibit the erection of
electric-lizht works in or near the town.

23. Nothing in this act shall be construed to repeal, alter or conflict
with the acts approved March third, elghteen hundred and ninety-two,
entitled an act to authorize the town of Berryville to borrow a sum, not
exceeding fifteen thousand dollars, to obtain a water supply, and for
other purposes; and also an act approved February twenty-seventh,
elzhteen hundred and ninety-six, entitled an act to empower the town
council of Berryville to borrow money to construct an electric plant for
hehting said town.

24. The council may restrain and punish drunkards, vagrants and
mendiecants, and prevent the coming into the city of persons having no
ostensible means of support, or of persons who may be dangerous to the
peace and safety of the city, and for this purpose may compel such per-
son or persons to leave the city.

25. The council may compel persons sentenced to confinement in the
jail of the town for petit larceny, or other nusdemeanors or violations of
the city ordinance, or for all fines Imposed by the mayor, to work on the
publi streets of the town.

26. The council may appoint a town physician and a town attorney
and prescribe their compensation and terms of office.

27. The council may provide that any parent or guardian of any
minor, or the master of any apprentice, shall be subject to a fine for any
offence committed by such minor or apprentice.

CHaptTer IN.

1. No bonds shall be issued by the town of Berryville under any act
of the general assembly heretofore enacted until the voters of the town,
at an election to be held under the laws as provided in this charter, shall
have first authorized the same.

2. All acts and parts of acts inconsistent with this act are hereby re-
pealed.

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