Chap. 465.—An ACT to incorporate the town of Wakefield.
Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That so much
land, together with the improvements thereon, as is included in the fol-
lowing described boundary lines—to-wit: Beginning at the southeast
corner of fence of H. B. Hart’s estate, on the Norfolk and Western rail-
way, running thence by air line to northwest corner of T. F. Nicholson’s
fence, near white public school-house; thence by air line to northeast
corner of T. F. Nicholson’s fence north of mile post fifty-one, on the Nor-
folk and Western railway; thence by air line to a point fifty yards east
of Alexandria Hardy’s residence; thence by air line to the forks of county
road at Palmyra; thence by air line to south corner of Tabernacle prop-
erty; thence by air line to starting point, shall constitute the town of
Wakefield, in the county of Sussex, and it may sue and be sued by and in
that name; and the inhabitants thereof shall have and exercise the powers
and privileges herein contained, and such others as may be given them
under the general law.

2. The administration and government of the said town shall be vested
In one principal officer, to be styled the mayor; one board, to be styled the
council of the town of Wakeficld, and in such other boards and officers as
are hereinafter mentioned, or may be provided by the council.

3. The municipal officers of said town shall consist of one mayor, five
councilmen, a treasurer, and a sergeant. )

4. P. D. Bain, W. A. Stephenson, F. W. Gay, T. T. Allen, and J. E.
Richardson are hereby appointed councilmen of said town, and John IL.
White mayor, and they shall have and exercise all the powers herein
granted to said officers, and shall remain in office until their successors are
elected and qualified according to law.

5. The elections for mayor and councilmen shall] be held on the fourth
Thursday in May, nineteen hundred and four, and every second year
thereafter. In such elections only those qualified to vote for members of
the general assembly, and who have been residents of said town for three
months prior to such election, shall have the right to vote. The mayor and
councilmen elected under this act shall enter upon the discharge of their
respective duties the first day of July succeeding their election, and hold
office for two years, and until their successors are elected and qualified.

6. The mayor and other municipal officers of said town, before entering
upon the duties of their respective offices, shall be sworn according to the
laws of the State by any one authorized to administer oaths. If any
person elected or appointed to any office in said town shall neglect to take
such oath in thirty days after receiving notice of his election or appoint-
ment, or shall for the like space of time neglect to give such security as
may be required, he shall be considered as having declined said office, and
the same shall be declared vacant, and such vacancy shall be filled by the
council by election or appointment, as the case may be.

%. The council shall fix the salary and fees of the mayor, treasurer, ser-
geant, and such other officers appointed or elected under this act, which
shall not be diminished during their term of office. ,

8. The council shall, at its first meeting after election, or as soon there-
after as practicable, elect one of its members as president of the council,
who shall preside at all meetings of the council. It shall appoint :. treas-
urer, sergeant, and such other officers and boards as it may deem proper
and necessary, define their powers, prescribe their duties, and fix their
compensation, and take from any officer so appointed a bond, with se-
curity, to be approved by it, in such penalty as it may deem proper, pay-
able to the said town in its corporate name, conditioned for the faithful
performance and discharge of such duties. It may suspend or remove all
officers so appointed for good cause at its pleasure. In case of a vacancy
occurring in municipal offices where it is not herein provided for, the
council shall elect a qualified person to fill such vacancy during the unex-
pired term. A member of the council may hold the office of treasurer of
said town.

9. The council shall appoint a board of health for the town, and invest
it with authority for the prompt and efficient performance of its duties.

10. The council shall, by ordinance, fix the time of its meeting. It
shall have authority to adopt such rules as it may deem proper for the
regulation of its proceedings and convenient transaction of its business;
to compel the attendance of its members; to punish its members for dis-
orderly behavior, and by a vote of three-fifths of the whole council expel a
member. The meetings of the council shall be open to the public, except
when public welfare, in its opinion, requires secrecy.

11. A majority of the council shall constitute a quorum for the trans-
action of the business, but no ordinance or resolution shall be adopted
having for its object the levying of taxes or appropriation of moneys ex-
cept by a three-fifths vote of the council.

12. The council shall have power to levy a specific tax, not execeding
fifty cents, upon each male citizen who is over the age of twenty-one years,
and to levy a tax not exceeding twenty-five cents on the hundred dollars’
worth of property for all purposes: provided, however, that said council
may impose a further tax, not exceeding eighty cents on the hundred dol-
lars, when authorized by a two-thirds vote of all the legally-qualified vot-
ers of said town.

13. The council shall appoint a board, consisting of one or three cit)-
zens of the town, to be known as assessors, who duty it shall be to assess
the value of the lotsa and lands and improvements thereon in the town for
the purpose of taxation, but the assessment for State taxation shall be the
basis of said assessment for said town, except farm and wood lands.

14. The mayor shall, by virtue of his office, possess all the power, au-
thority, and jurisdiction of a justice of the peace of Sussex county. He
shall appoint assistant sergeants whenever the peace and good order of the
town, in his opinion, may require it, and see that all ordinances of the
town are fully enforced. In case a vacancy shall occur in the office of
mayor, from any cause, the president of the council shall perform all
the duties of the office until such vacancy is filled by an election of the
council for the unexpired term.

15. The sergeant of the said town shall have the power to collect the
fines imposed for violation of any of the ordinances of the said town,
and the said sergeant shall have the power to exercise within the cor-
porate limits of said town and within one mile thereof all the duties that
a constable can legally exercise in regard to the collection of claims and
executions and levying processes he and his sureties shall be liable as con-
stables are liable for any failure in the performance of the duties of or
dereliction in his said office.

16. The mayor or president of the council shall not be required to
issue. warrants for the arrest of persons charged with the violation of
any town ordinance. He may admit any one charged with the violation
of an ordinance to bail before trial.

17. When an officer to whom an execution for a fine and costs shall
be directed cannot find goods and chattels belonging to the defendant
sufficient to satisfy such execution, he shall make return thereof at once
to the mayor, who shall thereupon issue a capias pro fine against the
said defendant for the amount of such fine and costs, and deliver it to
such officer for execution. The mayor shall have the same fee allowed
clerks of courts of record: for similar service.

18. The council shall have, subject to the provisions of this act, the
control and management of the fiscal and municipal affairs of the town,
of all the property—real and personal—belonging to the said town,
and make such ordinances and by-laws relative to the same as it may
deem proper; and it shall likewise have power to make such ordinances,
orders, by-laws, and regulations as it may deem necessary to carry out
the following powers (and any other power that may be granted it by
the general laws of this State), which are hereby conferred upon it:

First. ‘T’o establish a market in and for said town, and appoint proper
officers therefor.

Second. To erect and provide in or near said town suitable buildings
for work houses, houses for correction and reformation, and houses for
the reception and maintenance of the poor and destitute, for the officers
of the town, and for the confinement of the prisoners, and to purchase
and to hold lands necessary upon which to erect such buildings.

Third. To close or extend, widen or narrow, lay out, graduate, curb,
and pave, and otherwise improve the streets, allevs, and sidewalks in
said town and have them kept in good order and properly lightened ; and
over any street or alley im said town which may be conveyed. to said town
it shall have the like power and authority as over other streets and alleys
it may prevent or remove any structures, encroachment, or obstruction
under or in any sidewalk, street, or alley, and may permit shade trees to
he planted along such streets and allevs in said town.

Fourth. To regulate and prescribe the location and building of all
houses and sheds, ‘and order the removal of any building condemned as
dangerous in any way by the committee on public property, saving to
any person aggrieved the right. of appeal to the council: provided, such
appeal be taken within fifteen days from the report of said committee.

Fifth. To determine and designate the route and grade of any rail-
road or railway to be laid in said “bow n, and to restrain and regulate the
rate of speed of locomotive engines and cars upen the railroads or rail-
wavs within said town.

sixth. To require and compel the abatement of all nuisances within
said town, at the expense of persons causing same, or owners of ground
whereon the same shall be; to prevent and regulate slaughter houses,
soap and candle factories, hog pens, privics, stables, or the exercise of
anv dangerous, offensive, or unhealthy business, trade, or emplovment ;
to regulate or prevent the storing of gunpowder, kerosene oil, and other
combustibles, and to prohibit the sale and use of fireworks in said town.

Seventh. To prevent hogs, dogs, and other animals running at large

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in said town, and to subject the same to such regulations and taxation
as it mav deem proper.

Eighth. To prevent the riding and driving of horses or other animals
at. an improper or dangerous speed, throwing stones, or engaging mM anv
employment or sport in the streets and alleys dangerous or annoying to
the citizens, and to prohibit and punish the abuse and crucl treatment
of horses and other animals in said town

Ninth. ‘T'o restrain and punish drunkards, vagrants, and street-beg-
gars; to prevent vice and immorality; to preserve the peace and good
order of the town, prevent and quell riots, disturbances, and disorderly
conduet in assemblages : to suppress houses of ill-fame and g& gambling
houses 2 prevent indecent and Jewd conduct on the streets, and to expel
from the town persons guilty of any offense above mentioned, when, in
its judgement. the good order and peace of the town require it, or may Te-
quire such persons to give bond, with approved security, ina penalty
not exceeding the sum ‘of one thousand dollars, for their good behavior
during the term of twelve months, and upon failure to give such bond
may be committed to prison for a term not exceeding twelve months.
Tenth. To prevent, forbid, and punish illegal selling of spirituous or
malt liquors, wines, or any mixture thereof, by a fine not exceeding one hun-
dred dollars and iniprisonment not exceeding ninety days for each offense,
reserving the right to the party convicted of appeal to the county court
of Sussex county in all cases wherein the fine exceeds the sum of fifty
dollars and imprisonment exceeds thirty days. In the enforcement of
any ordinance of the town, the jurisdiction of the mayor shall extend one
mile beyond the limits of the town. No spirituous or malt liquors shall
be sold in said town except by a three-fourths vote of the property
holders.

-Kleventh. To punish for contempt of court, releasing or attempting
to release a prisoner, or interfering in any manner with an officer in the
exercise of his official duty.

Twelfth. To prevent the coming into town of persons having no visible
means of support, and of persons dangerous to the peace and good order
of the town.

Thirteenth. There shall be a lien on all goods and chattels and real
estate for taxes assessed thereon from the beginning of the year for which
they were assessed, and for any assessment for curbing and paving side-
walks and bridging gutters, and a like lien on all property, both real
and personal, of cach male citizen over the age of twenty-one years for
his street tax, from the beginning of each year for which it is levied.
The council may require real estate returned delinquent for the non-
payment of taxes, street tax, and assessment for curbing and paving
sidewalks and bridging gutters to be sold for such taxes and assessment,
with interest at the rate of ten per centum per annum from the time
when such taxes or assessments become due and payable, and such per
centum for charges as it may prescribe, such sale to be made in ac-
cordance with the State law.

19. For the execution of its powers and duties the council of said town
is empowered, and may raise by taxes annually, as provided in section
eleven, and by imposing annually a license tax upon any or all business
on which the State imposes a license tax, or which is provided by law,
and by imposing a tax on dogs, drays, wagons, carts, snack vendors,
hacks, and other wheel ve hicles, and shooting galleries such sums of
money as it may deem necessary to defray the expenses of the town, and
in such manner as it may deem expedient.

20. Where, by the provisions of this act, the council has authority to
pass ordinances upon anv subjects, it may prescribe any penalty not ex-
cceding one hundred dollars fine or imprisonment not execeding ninety
days, or both, and may provide that upon failure to pay fine and costs,
or either, the offender may be imprisoned in jail of said town or in jail
of Sussex county, in the diseretion of the mayor of said town, and the
offender may be worked upon the streets and alleys of said town until
such fine and costs are paid, reserving to the persons convicted the right
to appeal to the county court of Sussex county in every case where the
fine excceds the sun of ten dollars or the imprisonment exceeds thirty
days. But the mayor of said town shall not adopt the jail of said town,
516 ACTS OF ASSEMBLY.

under the provisions of this act, until the same shall have been inspected
and approved by the board of health of said town.

21. From and after the passage of this act the mayor and council ot
said towm hereinbefore named shall have all the powers and authority
herein granted to the officers hereinafter to be elected in pursuance of
this charter.

22. This act shall be in full force and effect from and after its passage.