Chap. 261.—An ACT to amend and re-enact an act entitled an act to estab-
lish the town of Monterey, at the seat of justice for the county of High-
land, passed March 29, 1848, as amended by an act entitled an act ta
amend an act passed March 29, 1848, entitled an act to establish the town
of Monterey, at the seat of justice for the county of Highland, approved
March 17, 1876, and as amended by an act entitled an act to amend and
re-enact sections 1 and 4 of an act entitled an act to amend an act
passed March 29, 1848, entitled an act to establish the town of Monterey
as the seat of justice for Highland county, approved March 17, 1876,
approved February 19, 1898; and to provide a new charter for the said
town of Monterey. (H. B. 148.)

Approved March 25, 1914.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to establish the town of Monterey, at the
seat of justice for the county of Highland, passed March twenty-
ninth, eighteen hundred and forty-eight, as amended by an act en-
titled an act to amend an act passed March twenty-ninth, eighteen
hundred and forty-eight, entitled an act to establish the town of
Monterey at the seat of justice for the county of Highland, approved
March seventeenth, eighteen hundred and seventy-six, and as
amended by an act entitled an act to amend and re-enact sections
one and four of an act entitled an act to amend an act passed March
twenty-ninth, eighteen hundred and forty-eight, entitled an act to
establish the town of Monterey as the seat of justice for Highland
county, approved March seventeenth, eighteen hundred and seventy-
six, approved February nineteenth, eighteen hundred and ninety-
eight, be amended and re-enacted so as to read as follows:

Sec. 1. The corporate limits of the town of Monterey, in the
eT 1d) ht fe LIS LDL
established as follows: Beginning at a locust post at the southeast
corner of the cemetery, south sixty-four degrees east, one hundred
thirty-two and six-tenths poles to a point in O. Wilson’s meadow,
crossing the Monterey and Franklin road at seventy-four poles;
thence south thirty-six degrees and fifteen minutes west, one hun-
dred forty-seven and twenty-five hundreds poles to a point in the
Fleisher meadow, crossing High (Main) street at fifty-five poles;
thence north sixty-four degrees west, one hundred ninety-two poles
to a point on Doctor K. H. Trimble’s land, crossing Spruce street
at one hundred twenty-one poles; thence north thirty-six degrees
and fifteen minutes east, one hundred forty-seven and twenty-five
hundredths poles to a point on the Stephenson hill, crossing Main
street at one hundred twenty poles; thence south fifty-four degrees
east, fifty-nine and four-tenths poles to the beginning; and that
the same be, and is, hereby made a town corporate by the name of
Monterey, and by that name shall have and exercise all the powers
and privileges conferred by this act, and in addition shall have and
exercise all the powers conferred upon towns of less than five thou-
sand inhabitants by the general laws of the State of Virginia, so
far as the same may be applicable and not inconsistent with the
provisions of this act.

Sec. 2. The administration and government of said town shall
be vested in a mayor and six councilmen, who shall constitute the

council of said town, and who shall be chosen and elected from the
- qualified voters of said town at the times and in the manner pre-
seribed by the general law. The town officers to be appointed or
- elected by the council shall consist of a sergeant, a clerk of the coun-
" cil, and a treasurer.

Sec. 3. The mayor and the councilmen must be citizens of the
- town entitled to vote for members of the council.

Sec. 4. All vacancies occurring from any cause in the offices of
_ mayor or councilmen shall be filled for the unexpired term by ap-

pointment by the council, at their next regular meeting, or as soon
thereafter as practicable, from the qualified electors of said town,
and an entry of such election shall be made of record in their
journal.
| Sec. 5. Muncipal elections provided for under this act shall be
held and conducted in the manner provided by the laws of Virginia
then existing.

Sec. 6. All persons in office at the time of the passage of this
act shall continue in office until the first day of September follow-
ing the first election had under this act, or until their successors
are elected and qualified, and shall be clothed with and shall ex-
-ercise all the powers given to such officers by this act. The first
election for mayor and councilmen under this act shall be held on
the second Tuesday in June, nineteen hundred and fifteen, and

every two years thereafter, and their term of office shall commence
an tha Brot Aaw nfl Agntamharn aftan thain olaontinan Ad those Beck
regular meeting in September, and at the regular meeting in every
alternate year thereafter, or as soon after said regular meeting as
may be convenient, they shall elect a town sergeant, a clerk, and a
treasurer, whose terms of office shall be two years, or until their
successors are elected and qualified.

Sec. 7. The mayor and cther municipal officers of said town,
before entering upon the duties of their respective offices, shall take
and subscribe the oaths required by the laws of the State before some
officer authcrized to administer oaths, and said oaths of office so sub-
scribed shall be returned to the clerk and by him recorded in their
journal. If any officer named in this section shall fail to qualify on
or before the first day cf September next succeeding his election, his
office shall be deemed vacant; and whenever a majority of the
members of the council shall have qualified as aforesaid, they shall
enter upon the duties of their said offices, and shall supersede the
former council of said town.

Sec. 8. The mayor shall exercise a constant supervision over the
conduct of all subordinate officers, and in the exercise of these acts
shall have all the power and authority given him under the general
laws.

Sec. 9. The mayor shall preside over the deliberation of the
council and be entitled to one vote in case of a tie. He shall have
jurisdiction to try all violations of town ordinances and inflict such
punishment and impose such fines as may be prescribed for a viola-
tion of the same. The mayor shall be entitled to the same fees as
a justice of the peace in civil and criminal cases. He shall, by
virtue of his office, possess all the jurisdiction and exercise all the
authority of a justice in civil matters within the corporate limits of
the town, and in criminal matters within said limits and one mile
beyond same, in addition to the powers given to him by this act.
He shall have power to appoint and swear in special policemen for
any occasion, when, in his judgment, it is expedient for the peace
and good order and government of the territory under the criminal
jurisdiction of said town, and at such compensation as may be trxed
by the council. Such special police shall be invested with all the
power and authority which belong to constables in enforcing the
criminal laws of the Commonwealth, and the ordinances and regula-
tions of the town.

Sec. 10. It shall be the duty of the mayor to communicate to
the council annually, as soon as may be after the close of the fiscal
year, or oftener if required, by the council, a general statement of
the condition of the town in relation to its government, finances.
and improvements, with such recommendations as he may deem
proper.

Sec. 11. The salary of the mayor of the town as now constituted
or hereafter elected, if any be allowed by the council, shall be fixed
pensation, after it has once been fixed. shall not be increased or
diminished during his term of office.

Sec. 12. The council shall, by ordinance, fix the time of their
stated regular meetings, and no business shall be transacted at a
special meeting but that for which it shall be called. ;

Sec. 18. The mayor shall have power to call a meeting of the
council whenever he deems it necessary, or it may be convened at
if. any time by the order, in writing, of any three members of the
‘ee. council,

Sec. 14. The council shall have authority to adopt such rules,
and appoint such officers and committees, as they shall deem proper
for the regulation of their proceedings and for the convenient trans-
action of business, to compel the attendance of its members, punish
its members for misconduct, and by vote of two-thirds of the council
expel a member for malfeasance in office. They shall also have the
powers and authority of justices, as given them under the general
aw.

Sec. 15. The council shall have power to appoint or elect an-
pually a sergeant, a clerk, and a treasurer, and fix their compensa-
.. tion and prescribe their respective duties, when not fixed herein,
and require from them such bonds, payable to said town, as may
be deemed proper and sufficient.

Sec. 16. A majority of the council shall constitute a quorum
for the transaction of business, but no tax shall be levied or cor-
porate debt contracted unless by a vote of two-thirds of the council,
which vote shall be by yeas and nays, and recorded in the journal.
he In the absence of the mayor, the council may appoint one of their
ve" hody a president pro tempore. A journal shall be kept of their
| proceedings, and at the request of any member the yeas and nays
shall be recorded on any question. At the next meeting the proceed-
ings shall be read and signed by the mayor or by the person presid-
ing in his absence. In the case of the absence of the mayor the presi-
dent pro tempore shall discharge the municipal duties of the mayor
during such absence; provided, that when presiding over the council
he shall not be entitled to’ vote except in case of a tie.

Sec. 17. The council shall cause to be kept in their journal a
record of all their proceedings, acts, and orders, which shall be
properly indexed and opened to the inspection of any one who is
»,« €ntitled to vote for members of the council. They shall also cause
to be kept a separate book, called “Book of Ordinances,” in which
shall be recorded the charter of the town, general ordinances, by-
laws and contracts of the town of a permanent nature.

Sec. 18. No ordinance hereafter passed by the council, as now
constituted or as hereinafter elected, for the violation of which any.
Penalty is imposed, shall take effect until the same shall have been
., Published one time in a newspaper published in the town, or by
«*"— handbills, for one week, as the council may order. If such publica-

tion be by handbills the same shall be posted in at least three public

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the sergeant in the office of the clerk of the council; provided, how-
ever, that after the expiration of six months from the date of pass-
age of any ordinance its publication shall not be questioned, or its
validity affected by any failure to publish the same, nor shall this
section apply to the ordinances of whatever kind now in force in
the town of Monterey so as to require republication thereof.

Sec. 19. 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 property, real and personal, belonging to said town,
and may make such ordinances, orders, by-laws, and regulations as
they shall deem necessary to carry out the following powers, which
are hereby vested in them, and to carry out all other powers vested
in them either by this act or by the general laws of Virginia:

First. To lay off streets, walks, or alleys; to open, extend, widen,
grade, curb, pave, and otherwise improve and light the same; to
macadamize its streets, and have them kept in good order; and it
may prevent and remove any structure, encroachment, or obstruc-
tion in any sidewalk, street or alley.

Second. To acquire or establish, maintain, operate, extend and
enlarge water works, gas works, electric plants, sewerage system, and
other public utilities within or without the limits of said town; to
contract or agree with the owners of any land for the use and pur-
chase thereof, or to have the same condemned according to law,
within or without the town, for the location, extension, or enlarge-
ment of their said works, the pipes and wires connected therewith,
or any other appurtenances or fixtures thereof, and shall have power
to protect from injury by ordinance prescribing adequate penalties,
the said works, pipes, fixtures, or appurtenances thereof, whether
within or without the town; to acquire land for a hitching lot in
said town for the public convenience; and to acquire land for the
enlargement of the existing cemetery if the title to land for the
purpose cannot otherwise be secured when needed, and to provide
other places if needed for the interment of the dead.

Third. To prevent the cumbering or obstruction of the streets,
sidewalks, alleys or bridges in the town in any manner whatever,
and to have full and complete control of the same.

Fourth. To restrain and regulate the speed of motor cycles,
cycle cars, automobiles, and other vehicles within said town, and to
punish anyone found driving an automobile within the corporate
limits while intoxicated.

Fifth. To secure the inhabitants of the town from contagious,
infectious, or other dangerous diseases; to establish, erect, and
regulate hospitals, and in proper cases to enforce the removal of
patients to said hospitals; to prescribe and enforce quarantine regu-
lations; to appoint and organize a board of health for said town,
with authority necessary for the prompt and efficient performance
of its duties.
* Sixth. To require and compel the abatement of all nuisances
é within said town at the expense of the person causing the same, or
” the owner or owners of the ground whereon the same shall be; to
‘: prevent and regulate slaughter houses, hog pens, privies, stables,
: or the exercise of any dangerous, offensive or unhealthy business,
* trade or employment, and to regulate or prohibit the sale and use of
_ fireworks within said town; to require and compel the owners of
; houses in the town, or if the owners be unknown or absent, the oc-
~ cupants of such houses, to connect their water closets and water
drains with the sewers of the town, or with the sewers of any cor-
“ poration or company within said town, under reasonable regulations,
er otherwise comply with such regulations as to sewerage and
nuisances as the council may prescribe; and upon failure so to do,
the same may be done by the town by entering upon the premises,
if necessary, and the cost attending the same shall be collected from
the owners or occupants of such houses as taxes are herein in this
act allowed to be collected by the town.

Seventh. To prevent the draining of water from cellars and
cesspools, or the draining of other impure water into the streets of
the town; and if any ground in said town shall be subject to be
covered with stagnant water, or if the owners or occupiers thereof
shall permit any offensive or unwholesome substance to remain or
accumulate thereon, the council may cause such ground to be filled
up, raised or drained, or may cause such substance to be covered or
removed therefrom, and may collect the expenses of so doing from
the said owners or occupiers, by distress and sale, in the same manner
in which taxes levied upon real estate for the benefit of said town
are authorized to be collected; provided, that reasonable notice be
first given to said owners or their agents. In case of non-resident
owners, who have no agent in said town, such notice may be given
by publication for not less than four weeks in a newspaper pub-
lished in said town.

Eighth. To regulate the keeping of gun-powder, dynamite,
gasoline, and other combustibles; to regulate the exhibition of fire-
works, the discharge of firearms, the use of candles or other lights
in barns, stables, or other buildings, and to regulate or restrain the
making of bonfires in streets or yards.

Ninth. To prevent horses, cattle, hogs, dogs, and other animals
from running at large in said town, or to prevent the keeping of
dangerous dogs in said town or to require them to be muzzled; and
the council may subject the said animals so found running at large
to confiscation, regulations, and taxes as they may deem proper.

Tenth. To prevent the riding or driving of horses or other ani-
mals at an imiproper or dangerous speed, throwing stones, or en-
gaging in any employment or sport on the streets, sidewalks, or
alleys, dangerous or annoying to passengers, and to prohibit and
punish the abuse and cruel treatment cf horses or other animals in
said town.
Eleventh. To restrain and punish drunkards, vagrants, and
street beggars; to prevent vice and immorality, obscenity, and pro-
fanity; to punish for the use of abusive language; to protect houses
of divine worship; to protect the public buildings in said town;
to prevent the carrying of concealed weapons within said town; to
preserve the peace and good order of the town; to prevent and quell
riots, disturbances, and disorderly assemblages; to suppress houses
of ill fame and gambling houses; to prevent and punish indecent,
lewd, or diserderly conduct on the streets of said town, and to expel
from said town the persons guilty of such conduct who have not
resided therein as much as one year.

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

Thirteenth. To prevent the coming into the town of persons
having no ostensible means of support and of persons who may be
dangerous to the peace and safety of the town, and to compel such
persons to leave the town; provided, that such order to leave be
issued within thirty days after their arrival.

Fourteenth. To prevent, forbid, and punish the selling or giving
of liquors or intoxicating drinks to be drunk in any place not duly
licensed, and the selling or giving to be drunk any intoxicating
liquors to any minor, and selling or giving cigarettes to any minor
under sixteen years of age, and for the violation of any such ordi-
nance to impose such fines as permitted by this act, and not in con-
flict with the laws of Virginia.

Fifteenth. To make regulations concerning the building of
houses in the town, to require building permits and to provide for
the removal of buildings which may be erected contrary to such
regulations or prohibitions at the expense of the builders or owners
thereof.

Sixteenth. To make regulations for the purpose of guarding
against accidents by fire, and to condemn and provide for the re-
moval of any building which clearly appears to be a source of danger
from fire, as determined from the report of a committee appointed
by the council to inspect such building, after reasonable notice to
the owner, or may cause such building or any part thereof, danger-
ous frem liability to fire, to be rendered safe, and may prescribe
the material to be used in roofing or repairing roofs, and for the
violation of any ordinance passed by them to carry out this pro-
vision, the council may affix such penalties as are not in conflict with
this act, which said fines shall be a lien on the property condemned,
to be collected as other taxes and fines.

Seventeenth. To purchase, hold, sell and convey all real and
personal property necessary for the purposes of the corporation.
To make debts and contract leans for general purposes of the cor-
poration, including construction of streets, walks, alleys, roadways,
sewer systems, and such other purposes are not prohibited by the
general laws, and subject to the limitations thereof, and to issue
therefor registered or coupon bonds or certificates of debt, payable
at not more than thirty-two years after date, and to bear interest
at a rate of not greater than six percentum per annum; provided,
that said loan shall be sanctioned by two-thirds vote of the council,
endorsed by a majority of the qualified voters, voting on the ques-
tion; and provided, further, that in no case shall the aggregate debt
of the town at any one time exceed ten percentum of the assessed
valuation of the taxable real estate within the town limits.

Sec. 20. The council of said town 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; and
in all cases where the said town cannot, by agreement, obtain title
1o the property desired for such purposes, it shall be lawful for said
town to apply to and obtain from the circuit court of Highland
county authority to condemn the same, which proceeding shall be
had according to law.

Sec. 21. In all cases in which, by the provisions of this act, the
council have authority to pass ordinances on any subject, they may
prescribe any penalty for a violation thereof not exceeding one hun-
dred dollars and imprisonment not exceeding ninety days, one or
both, as the council may see fit, and may provide that the offender,
on failing to pay the fine imposed or the penalty recovered, shall
be imprisoned in jail for any term not exceeding ninety days, and
worked on the streets of the town during the time of such confine-
ment or until such fines and costs are paid, reserving to the person
convicted the right of appeal to the circuit court of Highland county
in all cases, except where a fine only is imposed and such fine does
not exceed the sum of ten dollars. The confinement herein provided
for shall be in the jail of Highland county, the use of which said
jail shall be allowed to the said town for such purpose. All pro-
ceedings against persons violating the ordinances of said town, or
to recover any penalty therefor, shall be in the name and for the
benefit of said town, and in such proceedings said town may recover
against such persons all costs.

Sec. 22. The jailor of Highland county is authorized to receive
into said jail, without mittimus or warrant, all persons apprehended
by the sergeant or any police officer of the town for violations of the
rules, regulations, by-laws, or ordinances of the town, or for dis-
turbing the peace of the town; and is authorized to retain such per-
sons in custody until the morning of the second day following the
arrest, at which time they shall be discharged unless regularly com-
mitted to his custody by mittimus or warrant, in which cases the
jailor shall be entitled to the fees provided to be paid when a person
is committed under a warrant or mittimus of a justice of the peace.

Sec. 23. In every case where a street of said town has been, or
shall be enercached upon by any fence, building, porch, projection,
or otherwise, it shall be the duty of the council to require the owner,
if known, or if unknown, the occupant of the premises, to remove
such encroachments, and if such removal be not made within the .
time prescribed by the council, they may impose a penalty not to .
exceed five dollars for each and every day it is allowed to continue
thereafter; and they may cause the encroachment to be removed and
collect from the owner, or if the owner be unknown, from the oc- .
cupant, all reasonable charges therefor with costs, by the same
process that they are hereafter empowered to collect taxes. No
encroachment upon any street or alley of the said town, however
long the same shall have been or may be continued, shall constitute
an adverse possession, or confer any right upon the person claiming ~
thereunder, or against the said town.

Sec. 24. The council may organize and maintain a fire depart-
ment for the town, make rules and regulations for the government of
the officers and men of said department, fix their pay, and make such
ordinances as they may deem proper to extinguish and prevent
fires.

Sec. 25. The council may impose a tax on abutting land owners
for making and improving the walks of then existing streets and .
for paving and improving the same, and for either the construction
or use of sewers; provided, that the procedure for the imposition of
said tax or assessment shall conform to the provisions of the general
law.

Sec. 26. Each council shall fix the compensation to be paid to
the members of the succeeding council, if any be allowed, but the |
members of the council as now constituted shall not receive a greater
salary than ten dollars each during their unexpired term.

Sec. 27. The town sergeant shall qualify before the council, and
shall give bond to be approved by the council. He shall be chief
of police of the town, and shall have the same powers and discharge
the same duties as constables within the corporate limits of said
town, and to the distance of one mile beyond the same. His com-
pensation shall be such as the council may, from time to time, allow.
Any vacancy in this office shall be filled by the council.

Sec. 28. The sergeant shall have power to arrest without war-
rant, to be dealt with according to law, any and all persons who
shall violate any ordinance of the town, or law of the State, in his
presence, and it shall be his duty to swear out warrants of arrest
tor any person or persons when he has reason to believe any offense
has been committed; and he shall perform such other duties as may
be prescribed by the council.

Sec. 29. The sergeant shall collect the town taxes, fines, levies,
licenses, and assessments, and shall receive all fines collected by the
mayor or other members of the council as fines and penalties, and
for the purpose he shall be invested with all the powers, and sub-
ject to all the liabilities and penalties prescribed by law in regard
to county treasurers in the collection of county and State taxes and
levies. He shall, at such times as the council may fix, pay over to
the treasurer of said town the taxes, fines, levies, assessments, and
other money so collected by him.

Sec. 30. The town treasurer shall qualify before the council,
and shall give bond to be approved by the council, in such sum as
that body may prescribe. He shall receive all taxes, fines, levies,
assessment, and other money collected by the sergeant and turned
over to him, and shall perform such other duties as may be pre-
scribed herein or by the council. He shall keep his books and ac-
counts in such manner as the council shall prescribe, and such
books and accounts shall always be subject to the inspection of the
imayor, or any member of the council, or any committee thereof.
No money shall be paid out by him, except on the warrant of the
clerk of the council, countersigned by the mayor, and he shall keep
a separate account of each fund and appropriation, and the debits
and credits belonging thereto. He shall deposit all money in his
hands belonging to the town in such bank or banks as the council
may direct, and such money shall be kept separate and distinct
from the treasurer’s own funds.

Sec. 31. The treasurer shall also report to the council at the
end of each fiscal year, and oftener if required, a full and detailed
account of all receipts and disbursements during the preceding
fiscal year, and the state of the treasury at the close thereof. The
office of treasurer may, if the council sees fit, be held by the town
sergeant.

Sec. 82. The clerk of the council shall qualify before some offi-
cer authorized to administer oaths, and shall return and record a
certificate of his qualifications in the manner prescribed herein for
members of the council. He shall attend the meetings of the coun-
cil and keep a correct record of their proceedings in the journal.
He shall attest the correctness of all records and orders of the
council, and shall keep all papers and books required to be kept by
this act, or that may be required to be kept by the council. He
shall publish such reports and ordinances as he is required by this
act to publish, and such other reports and ordinances as the council
may direct, and shall perform such other duties as the council may
from time to time require. Any vacancy in this office shall be filled
by the council.

Sec. 38. The clerk of the council shall perform all duties in
relation to the assessment of property for the purpose of levying
the town taxes and licenses that may be ordered by the council.
He shall keep his office in some convenient place in town, and shall
keep therein such books, schedules, records, and other papers as the
council may direct, which at all times shall be subject to the in-
spection of the mayor, the members of the council, or any committee
thereof. His compensation shall be such as the council may from
time to time allow. ;

Sec. 34. The council shall cause to be made annually and en-
tered upon their journal an accurate estimate of all sums of money,
which shall or may become lawfully chargeable to said town, and
which ought to be paid within one year; and they shall order an
annual levy for so much of said money as in its discretion shall
be sufficient to meet said demands.

Sec. 35. The levy so made may be laid on all male persons
who are residents of the town, and over twenty-one years of age;
upon dogs and all personal property and real estate within said
town, not exempt from taxation under the laws of the State, and
also upon all other subjects within said town as may at the time be
assessed with State taxes, and the assessment for municipal taxa-
tion shall be the same as the assessment thereof for State taxation,
when there shall be a State assessment of such property: provided,
however, that the tax on persons shall not exceed fifty cents, and
the tax levied on property, real and personal, shall not exceed one
hundred cents on the one hundred dollars’ worth of property, in
any one year. The council may add penalties for the failure of any
person to pay taxes at the time provided for by ordinance.

Sec. 36. All goods and chattels, wheresoever found, may be
distrained and sold for taxes assessed and due thereon; and no deed
of trust or mortgage upon goods and chattels shall prevent the
same from being distrained and sold for taxes assessed against the
grantor in said deed, while such goods and chattels remain in the
grantor’s possession.

Sec. 37. There shall be a lien upon real estate for town taxes
assessed thereon from the beginning of the year for which they are
assessed; and there shall also be a lien on real estate on which local
assessments for improvements may be made for the amount of the
assessment from the time the same is levied by the council. The
council may require real estate in the town returned delinquent for
the non-payment of taxes or assessments to be sold for said taxes
or assessments, with interest thereon at the rate of six per centum
per annum from the time when such taxes and assessments became
due and payable, and such percentum as the council may prescribe
tor charges, but not to exceed five percentum of such taxes or as-
sessments, and such sales shall be made in accordance with the pro-
visions of the State laws.

Sec. 38. In all cases in which the laws of the State require a
license to be taken out by any person engaged in the pursuit of any

‘business, trade, profession, occupation, or calling, or for any other
purpose, the said council shall have power to require a license to be
taken out in all such cases for the benefit of the town, before such
person shall be permitted to pursue such business, trade, profession,
occupation, or calling within the corporate limits of said town or
within one mile of said limits; said council may also require a
license from any agent of any fertilizer company, and from owners
or keepers of wagons, drays, carts, hacks, automobiles, and other
vehicles kept or employed in said town for hire or as carriers for
the public, and may subject the same to such regulations as they may
deem proper.

Sec. 39. In the taxation of real estate provided for by this
charter, all, lots, tracts or parcels of land which lie partly within
and partly without the corporate limits shall be properly taxed by
said town as to that part of the same which lies within said corpo-
rate limits. However, it shall not be lawful for the council to im-
pose taxes, levies, or assessments cn lands within the corporate
limits which are used only as pasture or meadow lands, and which
have not at the time been laid off by streets and alleys into town
lots; provided, that wherever said lands abut on the streets or al-
leys of the town, as now or hereafter laid off, a strip of the same two
hundred feet in depth along such streets and alleys shall be sub-
ject to taxation or assessment by the town; and provided, further,
that all of said pasture and meadow lands, whether at the time
laid off into town lots or not, shall be subject to taxation for town
purposes to the extent to which they are relieved by this act from
taxation for county and district road purposes.

Sec. 40. The town and the taxable persons and property there-
in, after the year nineteen hundred and fourteen, shall be exempt
and free from any county or district road levies, and said town
shall maintain and keep in repair all roads and streets within its
corporate limits, but said town shall be entitled to a pro rata of.
the money appropriated each year by the board of supervisors of
Highland county in maintaining and keeping in repair that section
of the Staunton and Parkersburg turnpike which passes through
said town, and the said board of supervisors are authorized to pay
over yearly to the treasurer of said town, from the tolls collected
on said road, a pro rata of said appropriation, to be determined
from the proportion that the length of that part of said turnpike
lying within the corporate limits of said town bears to the length
ef the whole section of said road on which said town is located.

Sec. 41. The fiscal year for the town shall be from the first
day of July to the thirtieth day of June of each year. |

Sec. 42. All bends, contracts, deeds, and other papers made on
the part of said town, shall be executed by the mayor under the
direction of the council, and the seal of the corporation shall be
affixed and attested by the clerk of the council.

Sec. 43. All the rights, privileges, and properties of the town
of Monterey heretofore acquired and possessed, owned and enjoyed
by any act or acts now in force, and not in conflict with this act,
shall continue undiminished and remain vested in said town under
this act; and all laws, ordinances and resolutions of said town now
in force and not inconsistent with this act, shall remain in force
until repealed by the council of said town.

2. All acts and parts of acts in conflict with this act are hereby
repealed.