Chap. 328.—An ACT to provide a new charter for the town of Blackstone, in
the county of Nottoway, and to repzal all other acts or parts of acts in
conflict therewith. (S. B. 413.)

Approved March 27, 1914.

Articie I.

1. Incorporation and boundaries.—Be it enacted by the general
assembly of Virginia, That the inhabitants of the territory in Not-
toway county contained within the boundaries prescribed in section
two hereof is. be, and shall continue to be a body politic and cor-
porate, in fact and in name, under the name and style of the town
of Blackstone; and as such shall have and exercise all the powers
conferred by and be subject to all laws of the State of Virginia
now in force, or that may hereafter be enacted for the government
of towns of less than five thousand inhabitants, so far as the same
are not inconsistent with the provisions of this act.

2. The boundaries of the town shall be as follows: Taking a
point three hundred feet due south of the center of the street now
designated as Broad street, but formerly as Main street, at its
intersection with the center of the main track of the Norfolk and
Western railroad as it ran prior to the laying of its double track,
run a line through said point so found, south forty degrees, west
one-half mile. and then extend said line from said point, north
forty degrees, east one-half mile, thus making the long diameter
of said town one mile, then run a line through said point at right
angles with said first line, north fifty degrees, west one-fourth mile,
and extend said line from said starting point, south fifty
degrees, east one-fourth mile, thus making the short diameter
of said town one-half mile, and then construct a rectangle upon
said diameter by drawing lines perpendicular thereto (said points ©
and bearings being according to a survey dated about January first,
eighteen hundred and eighty-eight) ; then beginning at an iron pin
at the northwest corner of said rectangle, so formed as above men-
tioned, the boundary of the town shall run as_ follows:
along said rectangle south fifty degrees east one-half mile;
thence along said rectangle south forty degrees west to its inter-
section with the east line of Oak street; thence along the east line
of Oak street. to its intersection of Oak street with the northern line
of Crenshaw’s road; thence along the northern line of Crenshaw’s
road to the western line of Cox road; thence along the western
line of Cox road to the line of the Blackstone Land and Improve-
ment Company’s land as it ran on April second, nineteen hundred
and two, thence along the line of that company’s land. as it then
ran, to its intersection with Third avenue; thence along the center
line of Third avenue to the west line of E street (running across
the overhead bridge) ; thence along the west line of E street and
to the overhead bridge; thence down the southern line of the.-right-
of-way of the Norfolk and Western railway, as that line ran in
April second, nineteen hundred and two, to the intersection of said
southern line of said right-of-way with said rectangle above men-
tioned; thence along the line of said rectangle, north forty degrees
east, to the intersection of the line of said rectangle with the center
line of the new courthouse road; thence up that road to the line be-
tween George B. Seay and George P. Adams; thence in a straight
line to the nearest point of the boundary of said rectangle, and
thence along the boundary of said rectangle, north forty degrees
east, to the point of beginning.

ARTICLE IT.

3. Administration and government.—The administration and
government of the said town shall be vested in one principal officer,
to be denominated the mayor, and seven councilmen, who shall
constitute the town council, all of whom shall be electors ot said
town.

4. The mayor and councilmen shall each be elected for a term -
of two years and each shall serve until his successor shall have i
qualified. They shall be elected on the second Tuesday in June,
immediately preceding the expiration cf the terms of their pre-
decessors, and shall enter upon their duties on the first day of
September next, succeeding their election.

5. The electors of the town of Blackstone shall be the actual
residents of the town, who are otherwise qualified to vote for mem-
bers of the general assembly, and who have paid their State poll
taxes as required by law, that is to say, for any general, special or
local option election to be held on or before the second Tuesday in
June, shall have personally paid at least six months prior to the
second Tuesday in June of that year all State poll taxes assessed or
assessable against him during the three years next preceding that
in which such election is held, and for any election, general, special
or local option, held after the second Tuesday in June in any vear.
shall have personally paid at least six months prior to the Tuesday
after the first Monday in November of that year all State poll taxes
assessed or assessable against him during the three years next pre-
ceding that in which such election is held; provided however, that
if the electors of towns of less than five thousand inhabitants shall
be otherwise defined by the general laws of Virginia, this section
shall be deemed to be amended to accord therewith.

6. The municipal officers of said town shall, in addition to said
mayor, consist of a treasurer, sergeant, clerk of the council, and
See ee ee, oS SO ee a ee ee ee ee ee ee et ee

vided for by the town council; and the council may appoint such
committees of the council and create such boards and departments
of town government and administration with such powers and
duties and subject to such regulations as it may seem fit, consistent
with the provisions of this act and the general laws of this State.

7. A treasurer, clerk of the council, sergeant and commissioner
of the revenue shall be appointed by the council at its first regular
meeting in October in every odd numbered year, or as soon thereafter
as may be, and shall assume the duties of their office on the first
day of January next succeeding. Their term of office shall be for
two years from the time fixed for their assuming the duties of their
offices, and they shall serve until their successors shall have
qualified.

8. The time of appointment of all other officers may be pre-
scribed by the council, and they may be appointed for such term,
not exceeding two years, as the council shall provide, but all mu-
nicipal officers shall serve until their successors shall have qualified,
unless otherwise provided by the council.

9. The duties and compensation of all municipal officers, except
as herein or by the general laws of the State defined or provided
for, shall be defined and prescribed by the town council.

10. In addition to the power to appoint such officers as are
herein expressly mentioned, the town council shall have the power
and authority to appoint such officers and employees as the council
may deem proper; and any committees of the council, any municipal
board, the mayor of the town and any head of a department of the
town government may appoint such officers and employees as the
town council may determine, the duties and compensation of which
officers and employees shall be fixed by the council, except so far
as the council may authorize such duties to be fixed by such com-
mittee or other appointing power, and may require of any of the
officers and employees so appointed bonds, with sureties in proper
penalty, payable to the town in its corporate name, with condition
for the faithful performance of said duties.

11. All officers and employees appointed as provided in the
preceding section may be removed by the town council at its pleas-
ure, and where the appointment is by a committee or board, by a
vote of such committee or board, or where such appointment is
by the mayor or head of a department, such removal may be by
order of the mayor or head of department.

12. In case of a vacancy in any position so authorized to be
filled in section ten of this act, a qualified person may be appointed
to fill such position for the unexpired term by the proper appoint-
ing power.

13. It shall be lawful for any officer appointed by the council,
any committee, municipal board, mayor, or the head of any depart-
ment to fill two or more of the offices whose incumbents are ap-
the council, subject to the same penalties, labilities and require-
ments as to each of said officers as would apply to the incumbents
thereof if held by different persons.

14. The mayor, councilmen and all municipal officers of said
town shall, before entering upon the duties of their respective
offices, be sworn in accordance with the laws of the State of Vir-
ginia by anyone authorized to administer oaths under the law of
the State.

15. When the mayor, councilmen, treasurer, sergeant and com--
missioner of the revenue take the oaths required of them duplicate
certificates of the court or persons administering the same, stating
the fact of their having been taken, shall be obtained by the person
taking the same and be by him delivered for record as follows:
one to the circuit court of Nottoway county and one to the clerk
of the town council. When any other municipal officer takes the
oath required of him, a certificate as aforesaid, shall be secured. by
him and delivered to the clerk of the town council.

16. If any person elected or appointed to any office in said
town shall neglect to take such oath on or before the day on which
he is to enter upon the discharge of the duties of his office, or shall,
for twenty days after the beginning of his term of office, fail to
give such bond with such security as may be required of him by
the council of said town, he shall be considered as having declined
said office, and the same shall be deemed vacant, and such vacancy
shall be filled as prescribed in this act or by the general laws of this
State.

17. If any person, having been an officer of said town, shall
not within ten days after he shall have vacated or been removed
from office, and upon notification or request of the clerk of the
council, or within such time thereafter as the council may allow,
deliver over to his successor in office all property, books and papers
belonging to the town or appertaining to such office, in his posses-
sion or under his control, he shall forfeit and pay to the town a
sum not exceeding five hundred dollars, to be sued for and recovered
with costs; and all books, records and documents used in any office
by virtue of any provision of this act, or of any ordinances or order
of the town council, or any superior officer of said town, shall be
deemed the property of said town and appertaining to said office,
and the chief officer thereof shall be held responsible therefor.

Articie ITT.

18. The mayor.—The mayor shall be elected by the qualified
electors ot the town for the term of two years. His salary shall
be fixed by the town council, and shall not be diminished during
his term of office.

19. The mayor shall be the chief executive officer of the town
and it shall be his duty to see that the by-laws and ordinances
thereof are fully executed, and he shall preside over the meetings
of the town council, voting only in case of a tie.

20. Every ordinance, or resolution having the effect of an
ordinance, shall, before it becomes operative, be presented to the
mayor. If he approve, he shall sign it, but if not, he may return
it to the clerk of the council; and the council shall enter the objec-
tion at length on its journal and proceed to reconsider it. If after
such reconsideration two-thirds of all the members elected to the
council shall agree to pass the ordinance or resolution, it shall
become operative, notwithstanding the objections of the mayor.
If any ordinance cr resolution shall not be returned by the mayor
within five days (Sundays excepted). after it shall have been pre-
sented to him, it shall become operative in like manner as if he had
signed it, unless his term of office, or that of the council, shall
expire within said five days.

The mayor shall have the power to veto any particular item or
items of an appropriation, ordinance or resolution; but such veto
shall not affect any item or items to which he does not object. The
item or items objected to shall not take effect except in the manner
provided in this section as to ordinances or resolutions not approved
by the mayor.

21. The mayor shall see that the duties of the various city
officers, members of the police and fire departments, whether elected
or appointed, are faithfully performed. He shall have power to
investigate their acts, have access to all books and documents in
their office; and may examine them or their subordinates on oath,
but the evidence given by persons so examined shall not be used
against them in any criminal proceedings.

22. The mayor shall have power to remove any officer appointed
by him, and to suspend any municipal officer or employee, other
than the councilmen, whether elected by the people or appointed
by the council or any appointing power designated by the council,
for misconduct in office or neglect of duty to be specified in the
order of suspension. On the suspension of any officer not appointed
by the mayor, the mayor shall report the same to the town council
at their next stated meeting for their consideration, but in no case
shall the suspension or removal by the mayor of an officer not
appointed by him be final unless ratified by the council, after
reasonable notice to the officer complained of and an opportunity
be afforded him to be heard in his defense.

23. The mayor shall communicate to the town council annually
at the beginning of each fiscal year, or oftener, if he be 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; and may irom time to
time communicate to the council such suggestions and recommenda-
tions as he shall deem proper.
oz In case or the absence or inabdliity or the mayor, the presl-
dent pro tempore of the council, to be chosen by a majority of the
council present at a legal meeting, or in his absence or inability
some other member of the council chosen in the same manner, shall
possess the same power and discharge the municipal duties of the
mayor during such absence or inability.

25. In case a vacancy shall occur in the office of mayor, the
vacancy shall be filled by the appointment by the town council
of any one eligible to such office.

ARTICLE V.

26. Of the town council generally—The town council, in ad-
dition to the mayor, shall be composed of seven members, who shall
be elected by the popular vote of the qualified electors of the town.

27. The town council shall, by ordinance, fix the time of their
stated meetings, and no business shall be transacted at a special
raeeting, unless all members of the council be present, but that for
which it shall be called.

28. The town council may be convened at any time upon the
call in writing of the mayor or any three members thereof, but if
all members of the ‘council shall be present at such meeting, any
action taken or resolution or ordinance passed at such meeting shall
be valid even though there should have been no call in writing for
said meeting or such call be irregular, or not served upon all the
members of the council. Service of the notice of a call of any
special meeting shall be served upon all the members of the council
and the mayor, who do not sign the call. Such notice may be
served by delivering a copy of such call in writing to the party in
person, or, if he be not found at his usual place of abode or his
usual place of business in the town, if any, by delivering such copy
and giving information of its purport to his wife or any person
found at his usual place of abode, who is a member of his family
and over the age of sixteen years; and if he be not found at, his
usual place of abode or place of business, if any, within the town, nor
any such person be found at his usual place of abode, by leaving
such copy posted at the front door of the said place of abode.

29. The mayor and four councilmen, or in the absence of the
mayor, four councilmen shall constitute a quorum for the trans-
action of business, except as herein or by the general ‘statutes of
this State otherwise provided. But no vote shall be reconsidered
or rescinded at any special meeting, unless at such special meeting
there be present as large a number of members of the council pres-
ent as were present when such vote was taken.

30. The mayor, or in his absence or inability to act, the presi-
dent pro tempore of the council, shall preside over the meetings
of the council.

31. The meetings of the town council shall be open to the public.
except when by a recorded vote of two-thirds of those members
present the council shall declare that the public welfare requires
secrecy; but the journal of their proceedings shall at all times be
open to inspecticn by citizens of the town.

32. The town council shall have authority to adopt rules for
the regulation of their proceedings, and to appoint such officers and
committees as they deem proper; 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 yeas and nays, and recorded in the journal;
nor shall any ordinance be passed or resolution adopted having
for its object. the appropriation of money exceeding the sum of one
hundred dollars except by the recorded affirmative vote of a ma-
jority of all members elected to the council.

_ 83. A journal shall be kept of the proceedings of the town coun-
cil, and at the request of any member present the yeas and nays
shall be recorded on any question. At the next meeting the pro-
ceedings shal] be read and signed by the person who was presiding
when the previous meeting adjourned, or if he be not then present,
by the person presiding when they were read.

34, The clerk of the council shall keep said journal and shall
record the proceedings of the council at large thereon, and keep
the same properly indexed.

35. The town council shall judge of the election, yualifications
and returns of its members; may compel the attendance of absent
members, and fine them for disorderly behavior, and, with the con-
currance Of two-thirds, expel a member.

36. If any person returned as a member of the council shall
be adjudged by the council disqualified or expelled, a new election
to fill the vacancy shall be held at the same place, on such day
as the council may prescribe.

387. Any vacancy in the town council occurring otherwise than
mentioned in section thirty-five and section thirty-six above, during
the term for which a member of the said council has been elected,
shall be filled by the council, by the appointment of any one eligible
‘o such office, such appointment to be for the unexpired term of
the office to be filled.

38, If any member of said council be voluntarily absent from
its meetings consecutively for three months, his seat may be de-
clared vacant by the council, and the unexpired term filled accord-
ing to law,

39. The council shall have power to suspend and remove all
er officers, whether they be elected or appointed, for misconduct
office or neglect of duty, to be specified in the order of suspension
or removal ; but no such removal shall be made without reasonable
ae to the officer complained of, and an opportunity afforded him
re be heard in his defense; and no removal of any town officer by

© mayor, other than an officer appointed by him, shall be final
until the same shall be ratified by the town council.

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40. The town council shall have, subject to the provisions of this
act and the general laws of this State, the management and control
of the fiscal and municipal affairs of the town, and of all property,
real and personal, belonging to the town.

41. The town council shall have all power and authority that
is now or may hereafter be granted to the councils of towns by
the general laws of this State and by this act; and the recital of
special powers and authorities herein shall not be taken to exclude
the exercise of any power and authority granted by the general
laws of the State to town councils, but not herein specified.

42. For carrying into effect the powers granted by this act
and the general laws of this State, the town council may make
ordinances and by-laws, and prescribe fines and other punishments
for violation thereof, lay taxes and levies, keep a city guard, ap-
point a collector of taxes and levies, and such other officers as they
may deem proper, define their powers, prescribe their duties and
compensation, and take from any of them a bond, with surety, in
such penalty as to the council may seem fit, payable to the town by
its corporate name, and with condition for the faithful discharge
of the said duties; but no general ordinance, or by-law or regulation
having the effect of a general ordinance, shall become operative
until published in some newspaper published in the town, if any,
and if none, until publicly posted in the town at such place or
places as the council may direct, but any ordinance establishing a
town code shall be taken as duly published when copies thereof
have been printed and placed on sale for the public.

43. Where not otherwise provided for by the laws of this State
the town council shall by ordinance provide for any irregular elec-
tions not herein or by the State laws provided for, and appoint the
necessary officers to conduct the same.

44, The town council shall have the power and authority to
prevent hogs, dogs and other animals from running at large in said
town, and may subject the said animals to such confiscation, regu-
lations and taxes as they may deem proper; and to prohibit and
punish the abuse of or cruel treatment of horses and other animals
in said town.

45. The town council shall have the power and authority to
protect the persons and property of the inhabitants of the town and
others within the town, restrain and punish drunkards, vagrants
and street-beggars; to prevent vice and immorality; to preserve the
public peace and good order; to prevent and quell riots, disturb-
ances and disorderly assemblages; to suppress houses of ill-fame and
gambling-houses; to prevent and punish lewd or indecent conduct
or exhibitions in said town, and to expel therefrom persons guilty
of such conduct who have not resided therein as much as one year:
and for any violation of such ordinances may impose fines and
other punishments in addition to those prescribed by the laws of
the State.
46. The town council shall have the power and authority to
prevent the coming into town of persons having no ostensible means
of support, and of persons who may be dangerous to the peace
and safety of the town.

47. The town council shall have the power and authority, when
any felony has been committed or attempted to be committed in
the town, may in their discretion, offer such reward as they think
right, not to exceed one hundred dollars, for the arrest and convic-
tion of such criminal; said reward to be paid out of the contingent
fund of the town when duly approved and ordered to be paid.

48. The town council shall have the power and authority to
establish a market or markets in and for said town, and appoint
proper officers therefor; to provide suitable buildings and grounds
therefor; to prescribe the time for holding markets and to regulate
the same, and to make and enforce such regulations as may be
necessary and proper to prevent huckstering, forestalling and
regrating.

49. The town council shall have the power and authority to
provide for the weighing or measuring of hay, coal, or any’ other
article for sale, and regulate the transportation thereof through the
streets. ‘

50. The town council shall have the power and authority to
lay off public grounds and provide, erect and keep in order all
buildings proper for the town; to provide a prison house and work
house, and employ managers, physicians, nurses and servants for
the same, and prescribe regulations for their government and dis-
cipline, and persons therein.

51. The town council may make appropriations of public funds,
of personal property, or of any real estate to any charitable insti-
tution or association within its limit not controlled in whole or in
part by any church or sectarian society, and to any public free
school of the county of Nottoway which is used or attended by the
children of residents of the town, whether located within or without
the town. - The words “sectarian society” shall not be construed to
mean a non-denominational young men’s or young women’s Chris-
tian association, and the town council may contract with any sec-
tarian institution or other person or institution for the care of in-
digent, sick or injured persons.

Articte VI.

52. Sale of ardent spirits—Whereas, the town of Blackstone,
as herein defined, is now dry and no license territory for the sale
of liquor, it shall be and continue to be dry and no license territory
until and unless at a local option election on the question of granting
or not granting a liquor license, called and held for the town of
Blackstone in accordance with the laws of this State, a majority of
the votes cast shall be cast in favor of liquor license; and until it
shall so cease to be dry and no license territory. no State or mu-
nicipal license shall be granted to any person, firm or corporation

for the sale of ardent spirits therein, and ardent spirits shall be .

deemed to include beer, malt liquors, whiskey, wine, brandy, or
any mixture thereof, fruits preserved in ardent spirits, alcoholic
bitters, or any mixture, preparation or liquor which will produce
intoxication, and any other substance that by the laws of this State
may. be included under the term ardent spirits.

53. So long as the town of Blackstone shall be dry and no license
territory, no person, firm or corporation shall, within the town,
sell or offer for sale any ardent spirits, or solicit orders for ardent
spirits, or act as agent for the sale of ardent spirits, and the trans-
mission of such orders; and the town council shall have the power
and authority, in addition to any fines and punishments provided
by the laws of this State for so doing, to provide by ordinance for
the punishment of any person violating the provisions of this
section.

ArticLte VII.

54, Prevention of disease and protection of health_—The town
council shall have the power and authority to secure the inhabitants
of the town from contagious diseases; to esablish, erect and main-
tain and regulate hospitals and pest houses; to provide for and en-
force the removal of patients to said hospitals and pest houses;
to appoint a health officer for, and to organize a board of health for
the town with the authority for the prompt and efficient per-
formance of his and its duties. Such hospitals and pest houses
may be established by the town within or without the corporate
limits of the town.

55. The council of the town may establish in or near the town
hospitals and quarantine grounds, subject to such regulations as
are not contrary to law, and if the council cannot agree on the
terms of purchase with the owner of land needed for such purpose
they may acquire title to the same by condemnation proceedings in
the mode prescribed by the general statutes of this State: Provided.
however, that where the council desires to locate a hospital or
quarantine ground outside the corporate limits, it shall first obtain
the consent thereto of the board of supervisors of Nottoway county.

56. The town council shall have the power and authority to
prevent injury or annoyance from anything dangerous, offensive.
or unhealthy, to provide by general ordinances what are nuisances,
to cause the abatement of any nuisance so declared to be by the
general laws of this State or the general ordinances of the town.
and to require and compel the abatement and removal of such
nuisances within said town by or at the expense of the owners of
the ground whereon the same may be or of the persons responsible
therefor.

57. The town council shall have the power and authority te
regulate slaughterhouses, soap and candle factories and the exercise

fl
of any dangerous, offensive or unhealthy business, trade or employ-
ment within the town, and to prevent and prohibit the erection of
such houses and factories, and the exercise of such business, trades
and employments within the town.

58. If any ground in said town shall be subject to be covered
with stagnant water, or if the owner or owners, occupier or oc-
cupiers thereof, shall permit any offensive or unwholesome sub-
stance to remain or accumulate thereon, the council may cause sub-
stance to be removed therefrom, and may collect the expense of so
doing from the said owner or owners, occupier or occupiers, or any
of them (except in case where such nuisance is caused by the action
of the town authorities or their agent, in which case the town shall
pay the expense of abating the same), 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 reason-
able notice shall be first given to said owners or their agent. In
case of non-resident owners, who have no agents in said town, such
notice shall be given by publication for not less than two weeks
in any newspaper published in said town.

ArticLe VIII.

59. Police force-——The town council shall have the power and
authority to appoint a chief of police and such additional police
officers and privates as it may deem necessary or proper, to pre-
scribe rules and regulations for the government thereof, to pre-
scribe uniforms and badges of office therefor, and to prescribe their
rate of pay; and in addition thereto the mayor, or in his absence,
the president pro tempore of the council, or in the absence of both,
any councilman, shall have the power and authority whenever the
regular police force of the town is inadequate to meet the needs of
the occasion to appoint and swear in such additional or special
policemen as he may deem requisite for a term of service not to
exceed ten days, and at such compensation as the council may fix
for special policemen, or if no compensation be fixed by the council,
then at one and one-half dollars per day. The duties and powers
of such special policemen shall be the same as that of private or the
regular police force.

60. Until the town council shall appoint a chief of police the
town sergeant shall perform the duties of such office.

61. The police force shall be under the control of the mayor for
the purpose of enforcing peace and order and executing the laws of
the State and ordinances of the town. They shall also perform
such other duties as the council may prescribe. For the purpose of
enabling them to execute their duties and powers, each policeman
is hereby made a conservator of the peace and endowed with all the
powers of a constable in criminal cases, and all other powers, which
under the laws of the State may be necessary to enable him to dis-
charge the duties of his office. Their pay, uniforms, and the rules
and regulations for said police shall be prescribed by the council.

62. The officers and privates of the police force of the town
shall be invested with all the power and authority which belongs
to the office of constable at common law in taking cognizance of,
and in enforcing the criminal laws of the Commonwealth of Vir-
ginia, and the ordinances and regulations of the town, respectively;
and it shall be the duty of each and every one of such policemen
to use his best endeavors to prevent the commission within the said
town of offenses against the laws of the Commonwealth and against
the ordinances and. regulations of the town, to observe and enforce
all such laws, ordinances and regulations, to detect and arrest
offenders against the same, to preserve the good order of the town,
and to secure the inhabitants thereof from violence, and the prop-
erty therein from injury.

63. The policemen of the town have no power or authority in
civil matters, but they shall in all other cases execute such warrants
or summonses as may be placed in their hands by the mayor or any
councilman of said town, or any other properly constituted author-
ity, and shall make due return thereof. The criminal jurisdiction
of the policemen of the town shall extend one mile beyond the cor-
porate limits of the town.

ARTICLE IX.

64. Fire department and prevention of fires——The town council
shall have the power and authority to establish and maintain a fire
department for the town, and all powers necessary for the govern-
ment, management, maintenance, equipment and direction of such
fire department and the premises, property and equipment thereof.
The council may make ordinances as it may deem proper for the
prevention and extinguishment of fires, for the regulation of the
conduct of persons in attendance at fires, in relation to the powers
and duties of the officers and men of the fire department, to require
citizens to render assistance to the fire department in case of need,
and in relation to the acquisition, use, maintenance and preservation
of real estate, personal property, fire apparatus and equipment
necessary or proper for the use of the fire department.

65. The town council may appoint a chief engineer, to be
designated the chief of the fire department, and as assistants
thereto so many fire wardens as the council may direct, to be known
by such designation as the council may determine, and may employ
or authorize to be employed such firemen, stationmen, horsemen
and ladder men as it may deem proper; and may prescribe their
rate of pay.

66. The said engineer and fire wardens and the commanders
of such fire companies as may be formed under the general laws of
this State shall constitute the fire department of the town; and the
said fire department and the firemen, stationmen, horsemen and
laddermen employed by the town and the members of fire companies
formed under the general laws of this State shall have such powers
aud duties and be subject to such regulations as are provided by the
general laws of the State and by the ordinances of the town.

67. The principal engineer shall have command over the fire
wardens and firemen, et cetera, employed by the town, and at fires
over the commanders of any fire companies formed under the gen-
eral laws of this State, and over all other persons who may be
present.

At fires he shall appoint the stations and operations of all per-
sons, companies, apparatus and equipment for the purpose of ex-
tinguishing the fire, removing things from any building on fire or
in danger thereof, guarding the same, and suppressing all tumult
and disorder. /

He or the warden in command may direct the pulling down or
destroying of any fence, house or other thing which he may judge
necessary to be pulled down or destroyed, to prevent the further
spreading of the fire, and for this purpose may require such assist-
ance from all present as he shall judge necessary.

68. The owner of property so destroyed shall be entitled to
recover from the town.the amount of the actual damage which
he may have sustained by reason of the same having been pulled
down or destroyed under such direction; but no person shall recover
compensation for property which would have been destroyed by
the fire, if the same had not been pulled down or destroyed under
such direction, byt only for what could have been saved with
ordinary care and diligence, had no such direction been given.

69. The grade of the fire wardens shall be designated by the
council as first, second, and in like order, and in the absence of
the principal engineer the first warden shall have his powers and
perform his duties; in the absence of both, the second warden shall
have the same powers, and perform the same duties, and so on.

70. The town council may, in their discretion, authorize or re-
quire the fire department to render aid in cases of fire occurring
beyond the limits of the town, and may prescribe the conditions on
which such aid may be rendered.

71. The town council shall have the power and authority to
make regulations for the purpose of guarding against danger from
accidents by fire, and, among other things, may from time to time
designate such portions and parts of the town as they may deem
proper within which buildings of wood may not be erected. They
may prohibit the erection of wooden buildings in any portion of
the town without their permission, and shall, on petition of the
owner or owners of at least one-half of the ground included in any
square of the town, prohibit the erection on said square of any
building, or buildings, or addition to any building, unless
the outer walls thereof be made of brick and mortar,
or stone and mortar, or metal, and may provide for the removal of
such buildings or addition which shall be erected contrary to such
prohibition at the expense of the builder or owner thereof; and
if any such building shall have been commenced before said peti-
tion can be acted on by the council, or if any building in process
of erection or, already built, or any part thereof, appears clearly
to be unsafe the council may cause such building to be taken down
after reasonable notice to the owner, or may cause any part of such
building, dangerous from liability to fire, to be rendered safe, and
may prescribe the material to be used in roofing or repairing roofs,
and pass such ordinances and by-laws as they may deem necessary
to carry out this provision, affixing such penalties as are not in
conflict with this act, and which said fines shall be a lien on the
property condemned, to be collected as other taxes or fines.

72. The town council shall have the power and authority to
regulate the keeping or storage of gun-powder or other combusti-
bles within the town, and to provide magazines for the same, and
direct the location of all buildings for the storage thereof; to regu-
late the sale and use of gun-powder and other combustibles, and
fire-crackers or fire-works, manufactured therefrom, kerosene oil,
nitro-glycerine, camphene, burning fluid, or other combustible mate-
rial; to regulate the exhibition of fire-works and the discharge of
fire-arms, the use of lights and candles in barns, stables.and other
buildings, and to restrict the making of bonfires in streets, alleys
and yards.

ARTICLE X.

73. Water and sewers and other public utilities—The town
council shall have power and authority to acquire or otherwise
obtain control of or establish, maintain, operate, extend and en-
large water-works, gas-works, electric plants, and other public
utilities within or without the limits of the town; and to acquire
within or without the limits of the town by purchase, condemna-
tion or otherwise, whatever land may be necessary for acquiring.
locating, establishing, maintaining, operating, extending and en-
larging said water-works, electric plants and other utilities, and
the rights of way, rails, pipes, poles, conduits and wires connected
therewith or any of the fixtures or appurtenances thereof; provided.
that said town shall not have the right to acquire by condemnation
the steam and electric plants, gas and water-works, or water-power
and fixtures and appurtenances, or any part thereof, owned and
operated in whole or in part on the eighteenth day of February.
nineteen hundred and eight, by any manufacturing or public ser-
vice corporation, for the purpose of acquiring, establishing, main-
taining, operating or enlarging its electric plant or water-works.

74. The town council shall have the power and authority to
prevent the polution of the water and injuries to water-works, for
which purpose their jurisdiction shall extend to five miles above the
same.
7. The town council shall have the power and authority to
protect from injury the water-works, gas-works and electric-works
of the town, whether within or without the town by ordinances
prescribing adequate penalties of the injury thereof.

76. The town council shall have the power and authority to
require the owners or occupiers of the real estate within the cor-
porate limits of the town which may frent or abut on the line of any
sewer or water-pipe line or conduit to make connections therewith,
and to use such sewer-pipes and conduits and water furnished by
the town, under such ordinances and regulations as the council may
deem necessary to secure the proper sewerage thereof and to im-
prove and secure good sanitary conditions; and shall have the
power to enforce the observance of all such ordinances and regula-
tions by the imposition and collection of fines and penalties, to be
collected as other fines and penalties under the provisions of this
act.

77. The town council shall have the power and authority to
fix and impose the charges and fees to be paid by the owners or
occupiers of the properties or persons served thereby for tapping
or using such sewers, pipes or conduits and for the use of water
sipplied by the city, to make and pass all such ordinances and to
enforce the same as may be necessary and proper to compel the
payment of said fees and charges by the imposition and collection
of reasonable fines and penalties, to be collected as are other fines
and penalties under the provisions of this act; and to pass ordi-
nances prohibiting the use of the town sewerage or water system
through any such connections the fees and charges for which have
not been paid, and the use of the town sewerage through any con-
nections with any property and of the delivery of water supplied
by the town on or to any property when the fees and charges for
the use of the town sewerage system through connections with such
property or for water delivered by the town on such property
have not been paid, and the use of the town sewerage system by,
or the delivery of town water to any person delinquent in the pay-
ment of the fees and charges for such connections, for the use of
the town sewerage system, or for water supplied to him by the
town.

ARTICLE XI.

78. Streets, et cetera, and cemeteries.—The town of Blackstone
shall constitute a separate road district and shall construct, repair.
maintain and keep in geod order all public streets and roads within
the corporate limits of the town. The inhabitants of the town and
all taxable property, personal and real, within the corporate limits
of the town shall be exempt from all assessments and levies imposed
by the authorities of the county of Nottoway or of Bellefonte
magisterial district thereof for the construction, repair or mainte-
nance of roads lying outside the corporate limits of said town;
provided, however, that such taxable property within the corporate
limits of the town shall not be exempt from any special levy of taxes
made by said authorities of Nottoway county or of Bellefonte magis-
terial district therein, for the purpose of creating a sinking fund
to redeem the principal of, or of paying the interest on, any bonds
of said county or magisterial district issued for the purpose of
macadamizing or otherwise permanently improving the public
roads or bridges either of the said county or of Bellefonte magis-
terial district in which said town is located, pursuant to special
election for either of such purposes as provided by law; but in the
event of any such special election for the purpose of authorizing
the issuance of bonds to build roads or bridges in said county or
magisterial district, the qualified voters of said town shall have
the right to vote at such election; provided, further, however, that
the town council may, when in the judgment of the council such
action will tend to promote the material interests of the town, con-
tribute funds or other aid within the control of the town towards
the building or improvement of permanent public roads leading to
the town or of bridges upon such roads, but no such contribution
shall be made towards the building or improvement of any such
road or bridge at any point more than ten miles beyond the cor-
porate limits of the town, as measured along the route of such road.

79. All streets, cross streets and alleys and walkways which
have already been laid off and opened according to the plots of the
several sub-divisions of the town, to-wit.: Thos. F. Rives’ several
surveys of Black and Whites, now Blackstone, the survey of Scott’s
sub-division of a part of Blackstone, the survey of the lands of the
Blackstone Land and Improvement Company, and of Blackstone
Development Company, and all streets, cross streets and alleys and
walkways, have heretofore been opened and used as such, or which
nmy at any time be located, surveyed and opened in said town, or
any extension of the same within the corporate limits of the town.
shall be and they are hereby established as public streets, alleys and
-walkways of the town.

80. Any street, alley or walkway heretofore or hereafter re-
served or laid out in the division or sub-division into lots of any
portion of the territory within the corporate limits of the town, by
a plan or plat of record, shall be deemed and held to be dedicated
to public use as and for a public street, alley or walkway, as the
case may be, of the town, unless it appears by said record that the
street, alley, or walkway so reserved is designated for private use.
and whenever any street, sidewalk, alley, walkway, or lane in the
town shall have been opened and used as such by the public for the
period of five years the same shall thereby become a street, alley.
walkway or lane for public purposes, unless notice of the contrary
intention on the part of the land owner be given in writing to the
mayor of the town, who shall report the receipt of such notice to the
council that it may be spread on the journal; and the council shall
have the same authority and jurisdiction over, and right and inter-
est therein, as they have by law over the streets, alleys, walkways
and lanes laid out by them.

81. The town council shall have the authority to open, close,
alter, improve, widen or narrow streets, avenues, alleys and walk-
ways; to have them kept in good condition and properly lighted;
to prevent the cumbering of the streets, sidewalks, alleys, lanes or
bridges of the town in any manner whatever; to prevent the build-
ing of any structure, obstruction or encroachment over, under or in
any street, sidewalk or alley in said town; and to plant or permit
to be planted along said streets shade trees.

82. The town council shall have the power and authority to
adopt ordinances authorizing owners or occupants of property
abutting upon any street or alley in the town, within such limita-
tion as they may prescribe, to construct and maintain in, upon and
over such street or alley, awnings, fire escapes, shutters, signs cor-

-nices, gutters, down spouts and bay windows and other appendages
to buildings; but’ such permission so granted shall be held and
deemed to be a license merely and shall be revocable at the pleasure
of the town or the general assembly of Virginia and said permis-
sion shall not be construed to relieve the said owners of any negli-
gence on their part.

83. The town council shall have the power and authority in

‘their discretion to establish and maintain parks, playgrounds and
boulevards and cause the same to be laid out, equipped .and
beautified.

84. The town council shall have the power and authority in
‘particular districts or along particular streets to prescribe and
establish building lines, or to require property owners in certain
Iccalities or districts to leave a certain percentage of the lots free
‘from buildings; to regulate the height of buildings and to make
regulations concerning the building of houses in the town.

85. The town council shall have the power and authority to
»revent the riding or driving of horses or other animals and auto-
nobiles, motorcycles and other wheeled vehicles at an improper
speed; throwing stones or engaging in any employment or sport
-m the streets, sidewalks or public alleys, dangerous or annoying to
“assengers.

86. The town council shall have the power and authority to
impose taxes and assessments upon the abutting land owners for
joaking and improving the walkways upon then existing streets,
and improving and paving then existing alleys, and for either the
yonstruction, or for the use of sewers; but the same when imposed
thall not be in excess of the peculiar benefits resulting therefrom to
guch abutting land owners. All such taxes and assessments upon
soutting land owners for the improving of walkways, improving
gnd paving alleys, and for constructing sewers shall be made in
cordance with the provisions of the general laws of this State.

F
87. No street, railway, gas, water, steam or electric heating,
electric light or power company, cold storage compressed air,
viaduct, conduit, telephone or bridge company, nor any corpora-
tion, association, person or partnership engaged in these or like
enterprises shall be permitted to use the streets, alleys, or public
grounds of the town, without the previous consent of the corporate
authorities of the town.

88. No person or corporation shall occupy or use any of the
streets, avenues, parks, bridges or any other public places or public
property of the town, or any public easement of the town of any
description, in a manner not permitted to the general public, with-
out having first obtained the consent thereto of the town council or
a franchise therefor; and any person upon conviction of so doing
before the mayor or any councilman of the town, shall be fined not
less than five dollars nor more than fifty dollars, each days con-
tinuance thereof to be a separate offense, such fine to be recovered
in the name of the town and for its use; and such occupancy shall
be deemed a nuisance, and the mayor or councilman trying the
case shall have power to cause the said nuisance to be abated, and
to commit the offenders and all their agents and employees engaged
in such offense to the town prison until such order shall be obeyed.

89. The town council shall have the power and authority to
make and enforce ordinances to secure the safe and expeditious
use of the streets and alleys of the town, to regulate traffic thereon.
and for the protection of persons and property thereon or near
thereto.

90. In every case where a streets or alley in said town has been
or sha]l be encroached upon by a fence, building, porch, projection,
or otherwise, in addition to being a nuisance subject to abatement as
herein provided, it shall be the duty of the town council to require
the owner, if known, or if unknown, the occupant of the premises
encroaching, to remove the same within a reasonable time, and if
such removal be not made within the time prescribed by the council
to cause the encroachment to be removed and collect from the
owner, or if the owner be unknown, from the occupant, all reason
able charges therefor, with costs, by the same process that they are
herein empowered to collect taxes. No encroachment upon any
street or alley, however long continued, shall constitute any adverse
possession to or confer any rights upon the person claiming there-
under as against the town.

91. The town council shall not take or use any private property
for streets or other public purposes without making to the owner
thereof just compensation for the same, but in cases where tic
town council cannot by agreement with the owner or owner
thereof, obtain title to any land needed for streets or any municival
building or other public purposes, it shall be lawful for the council
to acquire the same by condemnation proceedings in accordance
with the general laws of this State.
92. The town council shall have the power and authority to
provide places for the interment of the dead in or near the town, .
and to acquire the lands necessary therefor. The said council shall
aiso have the power to prescribe and enforce all needful rules and
regulations, not inconsistent with the laws of the State, for the
use, protection and ornamentation of the cemetery; to seu aside, at
their discretion, by metes and bounds, a portion thereof for the in-
ternient of strangers and the indigent poor; to divide the remainder
into burial lots and sell or lease the same, and to execute all proper
ceeds or other writings in evidence of such sale or lease, and to
prescribe what class or condition of persons shall be admitted to
interment in the cemetery. The money from such sale or lease of
burial lots shall be invested, used and employed for the use, pro-
lection, preservation and ornamentation of said cemetery. The
cemetery, when established and enclosed, shall be exempt from all
State, county and municipal taxation.

ARTICLE XII.

_ 9. Town officers—-The town council, except as herein pro-
vided, shall fix the compensation of the treasurer, sergeant, clerk
of the council and commissioner of the revenue of the town, and
they shall, before entering upon the duties of their several offices
give bond, with surety to be approved by the town council, in such
sum as the council shall prescribe. The giving of bond by said
officers shall be entered upon the records of the council and the
original bond shall be filed with the clerk of the council. Until
and unless the amount of the bond required of said officers shall
be otherwise fixed by the council, the bond of the treasurer shall
be in the suum of five thousand dollars, of the sergeant two thousand
dollars, and of the clerk of the council and commissioner of the
revenue each one thousand dollars.

94. The treasurer shall receive all money belonging co the town,
and unless it be otherwise provided by the town council shall col-
lect all property and license taxes, levies and assessments which
may be levied by the town council, and such other moneys due the
lown as the council may direct, and perform such other duties as
the council shall prescribe.

95. As moneys and revenues belonging to the town are received
by the treasurer or other officer whose duty it is to collect the same
he shall promptly pay over the same to the town by depositing the
same in some depository or depositories approved and established
by resolution of the town council subject to the order of “The town
of Blackstone;” and until and unless the council shall otherwise
Provide the Citizens’ Bank of Blackstone and the First National
Bank of Blackstone shall be taken and considered to be regularly
‘pproved and established depositories of the town of Blackstone.

96. All disbursements of town moneys shall be by check or
order of the town of Blackstone signed by the treasurer and
countersigned by the clerk of the council, unless the treasurer and
clerk of the council be the same person, in which event the said
checks and orders shall be countersigned by the mayor.

97. All moneys received on special assessments shall be held
as a special fund, to be applied to the payment of the matter for
which the assessment was made, and said money shall be used for
no other purpose whatsoever. The treasurer may for greater con-
venience deposit such special fund in one of the regular deposi-
tories of the town to the order of the town of Blackstone for such
special fund, and the same shall be disbursed upon check or order
of the town of Blackstone for such fund, signed and countersigned
as provided in section ninety-six hereof.

98. The treasurer shall report to each stated meeting of the
council the amount of cash then on deposit to the order of the
town and in what depositories deposited.

99. On or before the fifteenth day of June of each year the
treasurer shall make his final settlement with the town council at
which time he shall make up a statement of all moneys collected
by him on account of town levies, license taxes, penalties and al!
other sources since his last final settlement with the town council,
and also lists of insolvents and delinquents as herein prescribed.

The treaurer shall also on the first day of December of each
year make up a statement of all municipal license taxes, levies,
other revenues and moneys of the said town collected or received
by him since his last final settlement, verify the same by affidavit,
and file the same with the mayor within fifteen days after the date
for such report; and shall at the same time pay over to the town
the full amount of moneys not theretofor paid into the treasury,
such payment to be made as provided in section ninety-five hereof;
but nothing herein shall be taken to relieve the treasurer of the duty
to pay into the treasury the moneys and revenue of the town when
and as collected.

The mayor or chairman of the finance commitee of the town
council may call upon the treasurer once in every thirty days after
the first of July in each year for a statement of the amount of
moneys collected by him for the town and such treasurer shall
within five days from the receipt of such call deliver such state-
ment to the mayor and pay into the treasury as above prescribed,
the amount collected and not formerly so paid in.

All statements by the treasurer herein provided for shall be
verified by affidavit; and if the treasurer fail to make any such
statement, or to pay over or account for the amount due as shown
by such statement, within the prescribed time, he shall forfeit his
conimissions on all sums that should have been or were embraced
in such statement which prior to the date for such statement had
not been paid into the town treasury.
100. At the end of each fiscal year when the treasurer makes
his final settlement with the council, and oftener if required, he
shall make a full and detailed statement of the financial condition
of the town and of all receipts and disbursements and expenditures
for the preceding fiscal year.

Such annual statements shall be published in some newspaper
published in the town and shall exhibit:

1st. (a). Cash cn hand at the beginning of the year, and in
what depositories deposited.

(b). Cash revenue received during the year, itemizing under
general heads the sources from which received.

(c). Expenditures actually made during the year, showing
under general heads the purposes for which expended.

(d). Cash balance on hand at end of the year, showing in
what depositories deposited.

(e). Accounts approved and allowed by the council outstand-
ing and unpaid at the beginning of the year.

(f). Accounts approved and allowed by the council outstand-
ing and unpaid at the end of the year.

2nd. (a). Revenue due and unpaid to the town at the begin-
ning of the year, showing under general heads the sources from
which accrued.

(b). Revenue assessed or otherwise accruing to the town dur-
ing the year, showing under general heads from what source
accruing.

(c). Revenue collected during the year, showing separately
collections from revenue accruing during the ‘year, and from
revenue due and unpaid at the beginning of the year.

(d). By separate items levies, license taxes, water and sewer-
age charges, and other accounts declared insolvent and uncollect-
ible by the council.

(e). Revenue due and unpaid to the town other than that in-
cluded in “d” above, at the end of the fiscal year, showing under
general heads the sources from which due.

8rd. (a). The known indebtedness of the town, bonded and
otherwise.

(b). The amount of the sinking fund for the bonded debt
showing how invested or where deposited.

But the form and matter of such statements may be altered or
changed by the town council, provided only that the information
that would be contained in the statements above mentioned be

iven.

: 101. The treasurer shall pay over to the town the full amount
of moneys of the town collected or received by him without any
deduction for or on account of any commissions or salary due him
from the town, and shall receive from the town payment of any
such commissions or salary as the salary of other officers of the
town are paid.
102. The treasurer of the town shall keep all accounts and
account books of the town. Such books shall be kept regularly
posted up to date and shall exhibit (a) accurate and detailed state-
ments of all moneys received and expended; (b) a schedule of thie
property owned by the town and the income derived therefrom,
and the expense of maintenance and operation therefor; (c) sep-
wrate accounts with each appropriation made by the town council
by budget or otherwise; (d) the purpose of each payment of public
money; (e) a separate account with each department of the city
government; (f) and such other accounts as may be necessary to
show a complete financial statement of the town or may be required
by the council. Such books and accounts shall always be subject
to the inspection of the mayor or any member or committee of the
town council.

103. The treasurer is expressly prohibited from using directly
or indirectly the moneys or warrants of the town in his custody, or
keeping them for his own use or benefit, or that of any person or
persons whomsoever, and any violation of this provision shall sub-
ject him to immediate removal from office.

No person shall be allowed to qualify as treasurer a second
time, unless and until he shall have satisfactorily settled his account
as treasurer for the preceding term; and if such settlement be not
made on or before the regular time for entering into the duties of

his office for another term, the office shall be considered vacant, and

the vacancy shall be filled as herein provided.

The treasurer of the town of Blackstone and his bondsmen shall +

be liable to the same penalties and criminal punishment for the
treasurer’s returning false lists of real estate, persons or property
as delinquent for the non-payment of municipal levies, for the non-
payment to the town of moneys received by him for the town, and
for all other acts of misfeasance and nonfeasance by the treasurer
as such treasurer as is provided by the laws of Virginia for county
and city treasurers.

If the treasurer does not pay the revenue into the treasury of
the town as provided in this act, he shall be charged with interest
thereon at the rate of fifteen percentum per annum, from the time
the same was so payable. :

It shall be the duty of the mayor of the town to forthwith pro-
ceed against the treasurer and his sureties in the name of the town
of Blackstone for the recovery of the amounts due from such
treasurer.

104. The town sergeant shall perform the duties, receive the
compensation, and be subject to the liabilities prescribed by this
act, the ordinances, by-laws and regulations of the town council
and by the laws of this State, and also shall have the powers and
discharge the same duties as constable within the corporate limits
of the town, and to the distance of one mile beyond the same, and
be subject to the same liabilities touching all process lawfully
1

directed to him as constables are subject to under the laws of this

i ; State.

105. The town council shall have the power and authority to

° prescribe for the town sergeant such general and other duties as it
;.. May see fit.

106. In all civil and criminal cases arising under the State laws
he shall receive the same fees as are provided by law for constables,
and in all cases arising under the town ordinances, where not other-
wise provided, he shall receive the same fee as constables receive in
similar cases arising under the State laws; but in the event the
sergeant receives a salary or allowance out of the treasury he shall

_. hot receive any fees for services in a criminal case or a case for the
... Violation of a town ordinance from the State, county or city, but

all such fees shall be paid by the party against whom judgment is

_ rendered.

107. The sergeant shall be collector of all fines and penalties

“., Imposed for the violation of town ordinances, by-laws, rules and

regulations, and of delinquent town levies; and by all levy tickets

~ declared delinquent by the town council and allowed the treasurer

in his settlement with the town council shall be turned over to the
sergeant to collect; and for that purpose he shall have all the
powers and authority, and be subject to the same liabilities and
penalties as are prescribed for county treasurers in the collection
of State taxes and county levies, and may be proceeded against
in the samie manner, so far as applicable.

108. The sergeant shall pay over to the treasurer monthly, or

~~ oftener, if he thinks proper, all moneys which come into his hands

for taxes or levies or otherwise belonging to the town. He shall
as of June fifteenth and December first of each year, make up re-
ports to the council in writing, of all moneys collected by him for
the town and the disbursement thereof, verify the same by affidavit,
and within fifteen days after said dates, file the same with the mayor
to be transmitted to the council.

109. The clerk of the council shall attend the meetings of the

*" council and keep a record of its proceedings, and keep such record

properly indexed. He shall have the custody of the corporate seal
cf the town and affix the same whenever required so to do by the

_ laws of the State or the ordinances, by-laws and regulations of the

council. He shall keep all papers that by the laws of this State, the
provisions of this act or the ordinances, by-laws and regulations’

i’ of the council are required to be filed with or kept by him.

110. The clerk of the council shall immediately after the close
of each session of the town council make out and present to the
Mayor a transcript of every ordinance, resolution, or order con-

. Cerning any public improvement, or concerning the payment of

money, or of a legislative character passed by the council at such
Session.

He shall, in like manner, transmit to the treasurer a transcript
of all ordinances, resolutions, or orders appropriating money, or
authorizing the payment of money, or the issue of bonds or notes.

He shall, in like manner, give notice to all parties presenting
communications or petitions to the town council of the final action
of the council on such communication or petition.

He shall publish such reports and ordinances as the town council
are by this act or the laws of this State required to publish, and
such other reports and ordinances as they may direct; and shall,
in general, perform such other acts and duties as are required of
him by the laws of this State, and as the council may, from time
to time require of him.

111. The clerk of the council shall make out quarterly an
itemized statement of all accounts authorized to be paid by the
council and cause the same to be posted at some public place in the
town and published in some newspaper published in the town.

112. The commissioner of the revenue shall perform all the
duties in relation to the assessment of property for the purpose of
levying the town taxes or levies, shall see to it that all persons,
firms and corporations chargeable with a town license tax are
assessed with such license tax, tax all dogs within the corporate
limits which are assessable for taxation, and shall perform such
cther duties in relation to the dssessments of property and other
subjects of taxation as may be ordered by the town council.

For the performance of his duties, the commissioner of’ the
revenue of the town shall be vested with all the power and authority
that county commissioners of the revenue are vested with, and shall
have the power to propound interrogatories to each person subject
to taxation, and may use such other evidence as he may be able to
procure. Such interrogatories shall be answered under oath, and
any applicant refusing to answer such interrogatories under oath
shall be fined not less than five nor more than one hundred dollars
for each offense.

113. It shall be the duty of the commissioner of revenue to
assess for taxation all persons and property subject to municipal
taxation whether the same shall have been omitted from assessment
by the commissioner of revenue for Nottoway county or not.

114. The commissioner of revenue shall keep his office in some
convenient place in the town, and shall keep therein. such books,
schedules and records, and in such manner as the mayor and town
council may prescribe, which books, records, and other papers
shall be subject to the inspection of the mayor, the members of the
town council, or any committee thereof and of the collector of
town taxes.

He shall receive for his services the same fees allowed by law
to commissioners of revenue for the several counties and such other
compensation as the town council may from time to time direct.
ArticLte XIII.

115. Finances, assessment and collection of revenue.—The town
council, within the limits of the Constitution of this State and in
accordance with the provisions of the general laws thereof, may,
in the name of, and for the use of the town, contract loans or cause
to be issued certificates of debts, notes or bonds.

116. The town council shall have the power sud authority
without reference thereof to a vote of the people to issue certificates
of indebtedness, revenue bonds or other obligations issued in antici-
pation of the collection of the revenue of the town for the then
current year; provided, that such certificates, bonds or other obli-
gations mature within one year from the date of their issue, and
be not past due, and do not exceed the revenue for such year.

117. The town council shall have the power and authority
without reference to a vote of the people to provide by ordinances
for the issue of new bonds for the redemption and liquidation of
any lawfully issued bonds when they fall due, become subject to
call, or can for any reason be refunded or redeemed. Said new bonds
shall not exceed in amount the original bonds to be redeemed.
liquidated or refunded, may be registered or coupon, and shall be
sold to the highest bidder for cash; provided, no such new bonds
shall bear a higher rate of interest than six percentum per annum;
and provided, further, that the proceeds of the sale of the new
bonds so issued shall be used only in the payment of the old bonds
which are subject to call, redemption, or can otherwise be refunded
or redeemed. Such bonds shall be payable in lawful money of the
United States; and a sinking fund shall be created and maintained,
sufficient to redeem such bonds at maturity, and shall be applied to
such redemption and to no other purpose.

118. Whenever there shall be contracted by the town council
any debt not payable within one year thereafter, or any liability
be fixed upon the town by a judgment of any court or by a suit
brought against the town and compromised by the town author-
ities, there shall be set apart annually for thirty-four years, or
until the debt is paid, a sum not less than one percentum of the
amount of any such debt in addition to the annual interest agreed
to be paid thereon, which sum shall be applied and invested towards
the payment of such debt.

119. All bonds, and other evidences of indebtedness of the town
shall be signed by the mayor and countersigned by the clerk of
the council, and to all bonds the clerk of the council shall affix
the corporate seal of the town and attest the same.

120. The town council shall have the power and authority to
provide by a special tax and levy for the payment of the interest
on all bonds at maturity or sooner.

121. All contracts for the erection of public improvements and
buildings within the jurisdiction of the town where the estimated
costs thereof exceeds three hundred dollars, and in all cases where
practicable, shall be let to the lowest responsibile bidder, all things
considered, and notice shall be given at least twenty days before
the work is finally let by advertisement in one or more newspapers
published in the town; and the party to whom any contract is let
shall give bond as the council may require, but in no event shall
any contract be let to any member of the town council, nor shall
any member have any interest in such contract.

122. For the execution of their powers and duties, the town
council shall have the power and authority to raise annually by
levies, taxes and assessments, in said town, such sums of money as
they shall deem necessary therefor, and in such manner -as they
may deem expedient in accordance with the provisions of this act
and the laws of this State and of the United States.

The town council shall at its first regular meeting in February
of each year or as soon thereafter as may be, cause to be made up
and entered on their journal an account of all sums lawfully charge-
able on the town which ought to be paid within one year, and shall
order and make a town levy of so much as in their opinion is neces-
sary to be raised by levy on real and personal property and persons,
in addition to what may be received from licenses and other sources.
The levy so ordered may be upon any or all of the following sub-
jects of taxation:

(a). Male persons in the town above the age of twenty-one

rears.
, (b). Any property, real and personal, in the town not spe-
cifically exempt from municipal taxation by the laws of this State,
including any taxable real and personal property omitted, but not
exempt, from State taxation.

(c). Such other subjects of taxation as may at the time be
assessed with State taxes or county levies against persons residing
therein and not specifically exempted from municipal taxation; and,

(d). Such other subjects of taxation as at the time said levy is
ordered may be subject to municipal taxation by the laws of this
State.

123. The rate of such levies upon real and personal property
shall not exceed one dollar on the one hundred dollars of assessed
valuation.

124. Such municipal capitation tax or levy so ordered, shall
not exceed one dollar per poll, and the payment thereof shall not
be prerequisite to voting in any municipal, county or State election.
Such capitation tax or levy may be collected at the same time and
in the same manner, by distress or otherwise, that levies on per-
sonal property are collectible; but such municipal capitation tax or
levy shall not be a lien upon nor collectible by legal process from the
personal property which may be exempt from levy or distress under
the poor debtor’s law, all persons exempt by the Constitution of
Virginia from the payment of State capitation taxes shall be exempt
from the payment of said municipal capitation tax.
125. The town council may exempt from all municipal taxa-
tion bonds and other obligations of indebtedness issued by the towi

126. The town council may levy a lower rate of taxation for a
period of not exceeding ten years upon land added to its corporate
limits than is imposed on similar property within the corporate
limits at the time such land is added.

127. The assessment of real and personal property in the town
for the purpose of municipal taxation shall be the same as the
assessment for the purpose of State taxation, whenever there shall
be a State assessment of such property; but where the commissioner
of revenue for the town knows of property that has been omitted
by the commissioner of revenue of the county from his books, the
commissioner of revenue of the town may by the same proceedings
as are provided for county commissioners of revenue in similar
cases assess such omitted property, real or personal, tor taxation.

128. All municipal taxes shall be uniform upon the same class
of subjects within the town, and shall be levied and collected under
general laws and ordinances.

129. The town council, in addition to the State taxes on liceuses,
may, when anything for which a license is so required is to be done
within the town, impose a tax for the privilege of doing the same
and require a license to be obtained therefor; and in any case in
which they see fit may require from the person licensed, bond with
sureties, in such penalty and with such condition as they may deem
proper, or make other regulations concerning the same; and within
the limitations of the Constitution of this State and of the United
States, may levy a license tax on any other business carried on in
the town, whether a license tax is required therefor by the State or
not; provided, however, the town council shall not impose any
license tax, fine or other penalty upon any person for selling farm
and domestic products within the limits of the town, and outside
of and not within the regular market houses and sheds of the town;
provided, such products are grown or produced by such person.

130. Within the limitations of the Constitution of this State
and the United States, the town council may levy a eense tax on
any person, firm or corporation whether his or its principal place
of business or office is within or without the town, if said person
or corporation does, or offers to do, business within the town, and
upon the agent of any insurance, oil, fertilizer, laundry or other
company or person where such agent ‘does or offers to do, business
within the town, whether the principal office or place of business
of such agent be within or without the town.

131. The council may grant or refuse license to owners or
keepers of wagons, drays, carts, hacks, automobiles, motorcycles
and other wheeled carriages kept or employed in the town for hire,
and may require the owners or keepers of wagons, drays and carts,
automobiles, motorcycles, and other wheeled vehicles using them in
the town, to take out license therefor, and may asses. and require
taxes to be paid thereon, and subject the same to such regulations
as they may deem proper, and may prescribe their fees and com-
pensation.

132. The town council shall have the power to lay a license tax
upon the keeping or maintaining of any stable, cowhouse, privy
or dry closet permitted within the town, and to provide for the
keeping in a cleanly condition at the expense of the town, the places
so licensed, and to make reasonable rules and regulations with
reference thereto.

The council shall also have the power and authority to provide
for the removal by employees of the town of garbish and rubbish,
and fix and collect charges therefor, and the penalties for the non-
payment of such charges.

133. The town council shall have the power to levy a tax on
dogs kept within the town.

134. The town council shall fix the rates for water and lights
supplied by the city from its works, the time when such rates shall
be paid, and the penalties for the non-payment thereof.

135. ‘he town council may levy a tax on water and gas and for
the use of sewers.

186. The town treasurer or other officer whose duty it is to
collect town taxes shall commence to receive the town levies on or
before the first day of July of each year, or as soon thereafter as
he may receive copies of the commissioner of the revenue’s books,
and continue to receive the same up to the first day of December
thereafter; and for this purpose, said treasurer or such other officer
shall advertise for ten days at the voting place in the town, and at
such other public places therein as may be necessary to give general
publicity thereto, upon what days he will be in his office in said
town to receive such levies; and shall at the time specified, remain
in his office not less than three days for the purpose of receiving
such levies.

Any person failing to pay any town levies to the treasurer or
other such officer by the first day of December of the year in which
assessed, shall incur a penalty thereon of five percentum, which
shall be added to the amount of levies due from such taxpayer,
which when collected by the treasurer or other such officer shall be
accounted for in his statements; and on the sum total of said levy
ticket and penalty, there shall be added interest at six percentum
per annum from December fifteenth of the year in which such levy
was assessed until the same be paid.

It shall be the duty of the treasurer or other such officer after
the first day of December to call upon each person, resident within
the town chargeable with levies, who has not paid the same, or upon
the agent, if any, of such person resident within the town, for pay-
ment thereof; and upon the failure or refusal of such person or
agent to pay the same he shall forthwith proceed to collect the same
by levy, distress or otherwise.
Should it come to the knowledge of the treasurer or other such
officer that any such person or persons owing such levies is moving
or contemplating moving from the town prior to the first day of
December, he shall have the power to collect the same by levy, dis-
tress or otherwise at any time after such levy bills have come into
his hands.

137. There shall be a lien upon all real estate within the town
for town taxes and levies assessed thereon, and interest on such
taxes and levies at the rate of six percentum per annum, from the
fifteenth of December, in the year in which same may have been
assessed, for the period of five years, unless sooner paid.

138. Municipal capitation taxes or levies levied by the town
council shall be a lien upon all the real estate owned by the person
against whom such tax or levy is assessed from the time of such
assessment ; and if such tax be not paid, real estate may be subjected
to sale for the payment thereof, and all costs and expenses at the
same time and in the same manner that such real estate would be
subject to sale for the payment of taxes and levies assessed thereon,
or in any other manner provided by the laws of this State; and
it is hereby expressly provided that such real estate may be sold
for such capitation taxes or levies due and unpaid though they be
not three years past due.

139. Any goods or chattels in the town belonging to the person
or estate assessed with town levies or taxes, may be distrained
therefor by the treasurer or other officer whose duty it is to collect
the same. In all cases property subject to levy or distress for
municipal taxes and levies shall be liable to levy or distress in the
hands of any person for town taxes and levies thereon.

When the treasurer or other such oflicer has to levy or distrain
and sell, or levy or distrain without selling, he shall receive a fee
of sixty cents to be collected with the town levies or taxes levied or
distrained for.

140. The treasurer or other officer whese duty it is to collect
town taxes or levies may distrain for municipal levies and license
taxes for which he has accounted to the town council at any time
within one year after June fifteenth next succeeding the year for
which such levies or license taxes were assessed.

141. The goods or chattels of the tenant, or other person, claim-
ing under the party or estate assessed with municipal levies on
land, may be distrained if found on the premises, but not for an
amount exceeding the rent contracted to be paid by such tenant for
said premises, nor until the property of the landlord subjected to
distress, within the town, shall have been exhausted.

142. Any real estate in the corporate limits of said town belong-
ing to the person or estate assessed with town taxes or levies due on
such real estate, may be rented or leased by the treasurer or. other
officer whose duty it is to collect town taxes and levies, either on
the premises or at some public place in the town, after giving not
less than fifteen days’ notice by printed or written notices posted
at the front door of the courthouse of the circuit court of Nottoway
county, and at three or more places in the neighborhood of the real
estate to be leased. Such lease shall be for a term not exceeding,
one year, and for cash sufficient to pay the levies due on the real
estate so rented, and the costs and charges of advertising and
leasing.

When a lease is effected the treasurer or other such officer leas-
ing such real estate, shall put the lessee in possession thereof, and
for such purpose shall have like powers as those exercised by a
sheriff acting under a writ of possession.

When real estate is advertised for leasing for the town taxes
and levies thereon and there is any tenant in possession of the
property so advertised, then the treasurer or other collecting officer
making the lease, shall serve upon such tenant at least five days
prior to the day of leasing a copy of the notice of leasing.

When the treasurer or other such officer advertises and leases,
or advertises without leasing, a parcel of real estate under this
section, he shall receive a fee of sixty cents to be paid as a part of
the costs of this proceeding.

144. Any payment of taxes or levies by the tenant, unless under
tin express agreement by which the tenant is bound to pay such
taxes, shall be a credit against the person to whom he owes the
rent.

145. No deed of trust or mortgage upon goods or chattels shall
prevent the same from being distrained and sold for town taxes
or levies against the grantor in said deed while such goods and
chattels remain in the grantor’s possession; nor shall any such
deed prevent the goods and chattels conveyed from being distrained
and sold for town taxes or levies thereon, no matter in whose pos-
session they may be found.

146. The officer of the town whose duty it is to collect the town
taxes and levies, shall have all the powers to levy upon and distrain
goods and chattels of the tax debtor or any other person therefor
that may be given by the laws of this State to the officer of a town
whose duty it is to collect town levies and taxes.

147. When the treasurer or other officer whose duty it 1s to
collect town taxes and levies, cannot find sufficient goods or chattels
to distrain for municipal levies and taxes, any person indebted to
or having in his hands estate of the party assessed with such levies
or taxes may be applied to for payment thereof out of such debt
or estate; and a payment by such person of the said levies or taxes
either in whole or in part, shall entitle him to a charge or credit
for so much on account of such debt or estate against the party so
assessed. If the person applied to does not pay so much as may
seem to the treasurer or other such officer ought to be recovered on
account of the debt or estate in his hands, the treasurer or other
such officer shall, if the sum due for such taxes or levies does not
"exceed twenty dollars, procure from the mayor or any councilman
of the town or from a justice of the peace a summons directing
such person to appear before the mayor, or some councilman of the
tuwn or some justice of the peace at such time and place as may
seem reasonable; and if the sum due exceed twenty dollars, shall
procure from the clerk of the circuit court of Nottoway county a
summons directing such person to appear before the said court
on the first day of the next term thereof; and from the time of the
service of any such summons, the said taxes and levies shall con-
stitute a lien on the debt so due from such person, or on the estate
in his hands.

If such summons be returned executed, and the person so sum-
moned do not appear, judgment shall be entered against him for
the sum due for such taxes and levies, and for the fees of the clerk,
mayor, councilman, or justice and of the officer who executes the
summons.

If the person so summoned appear, he shall be interrogated on
oath, and such evidence may be heard as may be adduced, and such
judgment shall be rendered as, upon the whole case, shall seem
proper.

148. The treasurer or other officer whose duty it is to collect
town taxes and levies after ascertaining which of the taxes and
levies assessed in the town cannot be collected, shall not later than
the fifteenth day of June in each year, make out lists of such as
cannot be collected upon forms similar to those prescribed for
county treasurers, with the names of the persons chargeable with
such town taxes and levies placed thereon alphabetically; and such
lists shall be of four classes.

1st. A list of property on the commissioner’s land book im-
properly placed thereon or not ascertainable, with the amount of
the municipal levies charged thereon.

2nd. A list of other real estate which is delinquent for the non-
payment of the municipal levies thereon.

3rd. A list of such municipal levies assessed other than on real
estate as he is unable to collect, including the capitation levies in-
‘cluded in list number four below. '

4th. A list of such municipal capitation taxes or levies as he is
unable to collect.

At the foot of each list subscribe the following oath: “I......
of the town of Blackstone, in Nottoway county, who is charged
with the duty of collecting the taxes and levies of said town, do
swear that the foregoing list is, I verily believe, correct and just;
that I have received no part of the town levies mentioned in the
said list; and that I have used due diligence to find property within
my town liable to distress for the said levies, but have found none.”

149. Each of the said lists shall be presented to and examined
by the town council together with the tax or levy tickets correspond-
ing thereto; and if the said council be satisfied of the correctness
of the lists, and that the taxes or levies are correctly extended, or
having corrected them, if erroneous, it shall credit the treasurer or
other officer charged with the collection thereof with the amount
thereof; and thereafter the treasurer or other such officer shall be
under no liability for failure to collect the same, and such delin-
quent tax or levy tickets shall be delivered to the town sergeant for
collection.

150. The original of the lists whereof credit may be allowed,
shall be preserved in the office of the clerk of the town council.
Within one month after the said lists are allowed, the said clerk
shall transmit to the auditor of public accounts a copy of the list
of real estate appearing thereby to be delinquent, showing the
amount of delinquency of each lot, and a copy of the list of capita-
tion taxes or levies appearing thereby to be delinquent.

The said clerk shall at the same time he certifies said lists to
the auditor of public accounts, make two other copies uf the same.
one of which he shall deliver to the clerk of the circuit court of
Nottoway county to be delivered by him to the treasurer of Notto-
way county as hereinafter provided, and the other of which he
shall deliver to the clerk of the circuit court of Nottoway county to
be recorded by him as hereinafter provided.

151. When the clerk of the circuit court of Nottoway county
delivers to the treasurer of said county a list of real estate delin-
quent for the non-payment of State taxes and county levies, he shall
also deliver to said treasurer the said copy of real estate delinquent
for the non-payment of municipal levies and capitation taxes of the
town of Blackstone. Upon receipt of which lists the county treas-
urer shall proceed to post and distribute copies of such lists and
advertise for sale, the real estate so delinquent as is provided by
the laws of this State in the case of real estate delinquent for the
non-payment of State taxes and county levies and capitation taxes.

152. After such lists of such delinquent municipal levies and
capitation taxes are delivered to the treasurer of Nottoway county,
he shall have the authority to receive payment thereof, and for all
collections thereof he shall receive a commission of ten percentum,
and unless the amount for which said lands are so delinquent and
such municipal capitation taxes, together with the interest, costs
and charges shall have been previously paid to such treasurer. he
shall proceed to sell such real estate so delinquent at the same time
and place, and in the same manner as real estate delinquent for the
non-payment of State taxes and county levies.

153. The sale by the treasurer of Nottoway county of lots of
land in the town of Blackstone shall be of each lot separately, or
such undivided interest therein as shall be sufficient to satisfy the
State taxes, county levies and municipal levies thereon, with in-
terest, costs and charges as provided by law, and its proportion
of expense.

154. All proceedings in any wise connected with the sale of land
in the town of Blackstone for the non-payment of municipal levies
thereon, the duties of the treasurer of Nottoway county with refer-
ence to such sales, reports of such sales, confirmation of such sales,
rights of purchasers at such sale, rights of redemption of land so
sold, duties of the clerk of the circuit court of Nottoway county as
to such sales, the making of deeds to purchasers at such sales, and
all other matters, shall be the same as are provided by the laws of
this State as to sales of lands delinquent for the non-payment of
State taxes.

155. It shall be the duty of the clerk of the circuit court of
Nottoway county to lay a copy of the treasurer’s report of such
sales before the council of the town of Blackstone at the next meet-
ing thereof after the clerk has certified such report to the auditor
of public accounts, and the town council shall charge the said treas-
urer with whatever is due on account of said sales for municipal
levies less a commission of ten percentum, and his sureties on his
efficial bond shall be liable therefor.

156. When any real estate is offered for sale for the non-pay-
ment of State taxes, county levies or municipal levies of the town
of Blackstone, as provided in this act, and the laws of this State,
and no person bids the amount chargeable thereon, the treasurer
shall purchase the same in the name of the auditor of public ac-
counts for the benefit of the State and county or the town, respec-
tively, unless such real estate has been previously purchased in the
name of the auditor, in which case it shall be sold for such price
as it will bring.

A list of real estate so purchased in by the treasurer, showing
in whose name sold, the amount of taxes, county levies, municipal
levies, costs and charges, certified by his oath, shall be returned to
him to the circuit court of Nottoway county at the time he returns
his report of sales of delinquent lands as is provided by law. If
the court finds said list to be correct, or having corrected the same,
where there are errors, it shall confirm the same and direct its
clerk to transmit a copy thereof to the town council of the town
of Blackstone at their next meeting. On the receipt of said copy,
the town, council of the town of Blackstone shall credit the treas-
urer with the amount of town levies chargeable on such real estate
so purchased in the name of the auditor.

156. When any real estate in the town of Blackstone is sold
for less than the aggregate amount of taxes, county levies and
municipal levies thereon, what may remain after the Common-
wealth’s lien for its taxes and interest is satisfied, shall go ratably
to the county and town of Blackstone.

157. Where town levies of the town of Blackstone are paid to
the auditor of public accounts in redemption of any delinquent real
estate in said town, he shall immediately thereafter, account for
and pay over the same to the treasurer of the town.

158. The clerk of Nottoway county shall pay over to the treas-
urer of the town all levies of the town of Blackstone received by
him under the provisions of this act and the general laws of this
State within ten days after collecting the same, and take and file
receipts therefor in his office.

159. So soon as the clerk of the circuit court of Nottoway county
shall receive from the clerk of the town council of Blackstone,
copies of the lists of the real estate within the town of Blackstone
delinquent for the non-payment of town levies thereon and of per-
sons delinquent for the non-payment of municipal capitation taxes
he shall record and index the same in a book to be kept for such
purpose, without waiting for a sale to be had thereof. Such book
shall be furnished by the town of Blackstone and shall conform
as near as may be to the book in which real estate delinquent for
the non-payment of State taxes and county levies and State capita-
tion taxes. For recording such lists and indexing the same, the
said clerk shall be entitled to a fee of five cents per name to be
paid by the town of Blackstone.

ARTICLE XIV.

160. Enforcement of laws and ordinances, et cetera.—The
mayor of the town of Blackstone and each member of the council
thereof shall be clothed with all the powers and 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
the same; and shall have the power to issue process, hear and de-
termine all prosecutions, cases and controversies, which may arise
under the by-laws and ordinances of the town; impose fines and
inflict punishment when and wherever they are authorized by the
said by-laws and ordinances, and issue executions for the collec-
tion of said fines; and may, upon the failure of the offender to pay
the fine or penalty recovered and costs, order the offender to be
confined in the county jail of Nottoway county or the prison of the
town for a term not exceeding ninety days, and compel said
offender to work on the streets or other public improvements of the
said town.

161. Appeals may be taken to the circuit court of Nottoway
county from the decisions of the mayor and councilmen on both
civil and criminal matters in the same manner and upon the same
terms, and be tried in the same way as appeals from the decision
of a justice are taken, and tried in like cases, except that no appeal
shall be granted from the decision of the mayor or the member of
the town council trying the same imposing a fine for the violation
ef any of the ordinances or by-laws of said town for offenses not
made criminal by the common law or the statutes of Virginia until
and after bond be given by the person so fined, with security ap-
proved by the mayor or member of the council imposing the same.
conditioned to pay all fines, costs and daniages that may be awarded
by the said court on appeal; the penalty of said bond to be double
the sum sufficient to pay all such fines, costs and damages. Should
the decision of the mayor or councilmen rendering the same be
affirmed, in whole or in part, the said court shall enter judgment
against the said principal and surety for the amount so affirmed,
with costs, before the mayor or member of the council trying the
same, and the costs of the appeal, and execution shall be issued
thereon in the name of the town against both principal and surety.

162. In any case in which a judgment is rendered by the
mayor or any member of the council for a fine, going, in whole or
in part, to the Commonwealth, or for a fine going, in whole or in
part, to the town of Blackstone the mayor or member of the town
council rendering said judgment may of his own motion, or at the
instance of the attorney for the Commonwealth, or of the mayor
of the town, commit the defendant to jail until the fine and costs
are paid, or until the costs are paid where there is no fine; or the
mayor or any member of the town council may issue a capies pro
fine before or after the return of a writ of fieri facias.

163. In any case in which a judgment is rendered by the mayor
or any councilman of said town upon a trial for a misdemeanor
under the general laws of the State of Virginia or upon any trial
for the violation of a town ordinance, in which a fine is imposed
upon the defendant, or in which the defendant is required to pay
the costs, and the same are not paid, the mayor or the member
of the council, as the case may be, may, in his discretion take
security for the payment of such fine and costs or for the costs
alone, where there is no fine, such payment to be made within
thirty days from the day of trial.

It shall be sufficient to bind such surety that the mayor or coun-
cilmen before whom such case is tried, endorse on the warrant the
name of the surety, amount for which he is bound, and the date of
the endorsement; but, if no security is given, the defendant may be
committed to jail until such fine and costs, or such costs alone are
paid, but said commission to jail shall not exceed ninety days.

If security be given, in case the fine imposed be for a misde-
meanor under the laws of the State of Virginia, if the same is not
paid to the clerk of the circuit court of Nottoway county, the said
clerk shall issue execution against the person against whom the
judgment is rendered as well as against the surety in the manner
provided by section seven hundred and nineteen of the Code of Vir-
ginia, and in case such fine be imposed for the violation of a town
ordinance, if payment is not made to the proper collecting officer
of such town, the mayor or some councilman of said town shall
issue execution in the name of the town against the person against
whom the judgment is rendered, as well as against the surety for the
amount of the fine with costs.

But in case the bond is not given as provided in this section,
the mayor or any councilman, as the case may be, may commit the
defendant to jail until the fine and costs are paid, or until the
costs are paid, where there is no fine, unless sooner discharged by
due course of law.

164. All criminal and civil writs and process issued by the
mayor or any councilman under the general laws of the State of
Virginia shall run in the name of the “Commonwealth of Vir-
ginia,” and all criminal and civil writs or process issued by the
mayor or the members of the town council for the violation of or
under ordinances of the said town shall run in the name of “The
town of Blackstone” and writs and process issued in the name of
the town of Blackstone shall conform as near as may be to the form
for similar writs and processes issued under general State laws.

166. Where by the provisions of this act or the general laws
of this State, the council has authority to pass an ordinance, by-
laws or regulation on any subject, it may prescribe any penalty not
exceeding five hundred dollars or confinement in jail not exceeding
six months, or both, for the violation thereof, and any other form
of punishment provided for by the laws of this State for the pun-
ishment of misdemeanors; and when, as in this act or by the ordi-
nances, by-laws and regulations of the town council or by general
law provided, any offender shall be sentenced to serve a term in
prison or be imprisoned for failure to pay any fine or penalty and
the costs of trial or the costs of trial, where there is no fine or pen-
alty, imposed upon him for the violation of a town ordinance, such
offender shall be compelled to work on the streets or other public
improvements or works of the town, unless physically incapable
of so doing; and such offender shall be credited on the amount of
such fine, penalty or costs with the sum of fifty cents for each day
that he so works. If any person imprisoned refuses to so work
as herein provided during the term of his imprisonment, he may
be subjected to such reasonable corporal punishment as may be
prescribed by the town council by ordinance. Such corporal pun-
ishment shall be administered by the town sergeant or such police
officer as the town council shall designate.

167. The town council shall have the power and authority to
establish a chain gang and require offenders against town ordi-
nances to work therein; and may provide that when any ‘person
is sentenced to serve a term in jail for the violation of any town
ordinance or to be imprisoned for the non-payment of a fine or
penalty imposed for the violation of a town ordinance, he may be
required to work in such chain gang upon the streets or other public
works or improvements of the town.

The jailor of the county of Nottoway is hereby authorized to
receive into his jail, and there keep until released in accordance
with law, any person regularly committed to his jail for the viola-
tion of any town ordinance, regulation or by-law; and unless other-
wise provided by town ordinances any sentence of imprisonment
imposed or order for confinement in prison for the non-payment
of any fine, penalty or costs imposed by the mayor or any town
councilman for the violation of a town ordinance, regulation or
by-law, may be either in the town prison or in the county jail of
Nottoway county as such officer imposing such sentence or making
such order shall designate.

169. The jailor of Nottoway county, or the person in charge of
the prison of said town, is authorized to receive into the said jail
or prison, without mittimus or warrant, all persons apprehended
by the sergeant or any police officer of said town for violation of
the rules, regulations, by-laws or ordinances, or disturbing the
peace of said town, and shall be authorized to retain such person in
custody until the morning of the second day, at which time they
shall be discharged, unless regularly committed to his custody by
a mittimus or warrant, in which case the officers so receiving said
parties shall be entitled to fees provided to be paid when a person
is committed under a warrant or mittimus of a justice of the peace.

170. The town sergeant and police officers and policemen of
the town shall have power to arrest without warrant and carry
before the mayor or any councilman, to be dealt with according
to law, any and all persons who shall violate any town ordinance,
by-law, rule or regulation in their presence; and it shall be their
duty to swear out warrants of arrest for any person or persons
where they have reason to believe that any violation of the ordi-
nances, by-laws, rules and regulations of the town council has been
committed by such person or persons.

ARTICLE XV.

171. All ordinances now in force in the town of Blackstone.
not inconsistent with this act. shall be and remain in force until
altered, amended or repealed by the town council.

172. The present officers of the town shall be and remain in
office until the expiration of their several terms; but where any
such officers are holding over after the expiration of the regular
terms for which elected or appointed, the town council shall pro-
ceed as soon as may be to fill such offices for a term to expire on the
thirty-first day of December, nineteen hundred and fifteen.

178. All acts or parts of acts in conflict with this act are hereby
repealed, in so far as they affect the provisions of this act, and all
former acts chartering or amending the charter of the town of
Blackstone are hereby repealed.