CHAP. 121.—An ACT to provide a new charter for the town of Nort
Tazewell, in the county of Tazewell; and to repeal all acts or parts o!
acts in conflict therewith. (S. B. 168.)

Approved March 4, 1916.

1. Be it enacted by the general assembly of Virginia, Tha‘
the inhabitants of the territory in Tazewell county containec
within the boundaries prescribed by section two hereof, be anc
shall continue to be, a body politic and corporate, in fact anc
name, under the name and style of the town of North Tazewell
and as such shall have and exercise all the powers conferred by
and be subject to all the laws of the State of Virginia for th
government of towns of less than five thousand inhabitants, s
far as the same are not inconsistent with the provisions of thi:
act.
2. The following is declared to be the boundary of the
town of North Tazewell: Beginning at the northwest corner
of the Tazewell Court House Improvement Company’s land, and
with the said company’s line to the line of A. J. Tynes; thence,
with the line between A. J. Tynes and C. A. Fudge, to the cen-
ter of Clinch river; thence, with the meanderings of the same,
to opposite the corner of W. L. Britt’s land; thence, north thirty-
one degrees east two poles to said Britt’s corner; thence, with
the right of way of the Norfolk and Western railroad, to oppo-
site C. H. Peery’s corner; thence, crossing said railroad and
with the line between C. H. Peery’s and W. L. Britt’s, to an oak
tree on the northwest corner of W. L. Britt’s land; thence north
twenty-eight and one-half degrees west seventy-eight poles to
the line between C. H. Peery and C. A. Fudge; thence with same
south fifty-six degrees west ninety poles to the corner of A. S.
Ireson’s lot; thence, south seventy-four and one-half degrees
west one hundred and seventy-two poles to the top of the hill
northward from C. H. Peery’s house; thence south fifty-nine
and one-half degrees west fifty-one poles to where C. A. Fudge
and Mont Steele corner on the land of W. W. Peery; thence,
south thirty-two degrees east thirty poles to the corner of
Stuart Thompson’s lot; thence, south seventy-three and three-
quarter degrees west sixteen poles; thence, south thirty-two de-
grees east twenty-nine poles to the middle of Clinch river;
thence, down same south forty-eight and one-half degrees west
twenty-seven poles to the line between W. W. Peery and A. P.
and J. S. Gillespie, and with same south thirty-four degrees east,
crossing the Norfolk and Western railroad to south line of the
right-of-way between said railroad and A. P. and J. S. Gilles-
pie, thence eastwardly, with said line between said railroad and
A. P. and J. S. Gillespie, to the town branch, near the tank;
thence with the line of A. P. and J. S. Gillespie, to a point op-
posite J. H. Whitly and Son’s store on the west side of the street
sar line; thence southward with the line of A. P. and J. S.
azillespie to a stake opposite the beginning, and on the west side
of the street car line; thence, crossing said street car line and
county road, to the beginning.

3. The council of said town shall consist of a mayor and
1x (6) other electors, who shall be denominated the councilmen
if said town. ,

4. There shall be a recorder for said town, who shall have
he same qualifications, be elected at the same time, in the same
nanner, and for the same term as the councilmen of the said

own.

It shall be the duty of the recorder to attend and keep a
ecord of the meetings of the council, and perform all other du-
ies prescribed by statute, and all other and additional duties
yrescribed by the said council.
5. There shall be a sergeant for said town, elected by tne
council. The sergeant shall be elected by each new council as
soon as practicable, and he shall serve for the same term as the
councilmen, and until his successor qualifies.

The sergeant shall perform such duties and be invested with
such authority as provided by general statutes for sergeants and
police officers of a town, and he shall be the chief police officer
of the town, and shall perform such other and general duties
and be invested with such other authority as the town council
may prescribe.

6. The mayor shall be the chief executive officer of the
town. He shall have control of the police of the town, and may
appoint special officers when he deems it necessary.

All by-laws and ordinances, before they become valid and
operative, shall have his signature, and he shall have the veto
power, but any by-law or ordinance may be enacted over the
mayor’s veto by a vote of two-thirds (24) of the members elected
to the council.

7. The mayor, sergeant and councilmen shall be vested
with, and exercise, all the rights and authority granted and con-
ferred upon the mayor, sergeant and councilmen of towns of
less than five thousand inhabitants, by the Constitution and
general statutes of the Commonwealth, so far as the same are
not in conflict with the provisions of this act.

8. The council shall have the power to pass all ordinances
for the proper government of the said town, not in conflict with
the Constitution and general statutes of the Commonwealth,
and to that end shall have, and exercise, all the power and privi-
leges conferred upon the town councils of towns of less than
five thousand inhabitants, so far as the same are not inconsistent
with the provisions of this act; and the said council shall have
the power and authority to regulate the keeping of gun powder,
gasoline and other combustibles in the town, and to fix the sala-
ries and compensation of the mayor, recorder, sergeant and such
other officers as the council may appoint, and authorize the pay-
ment of the same; and to prevent hogs, dogs and other animals
from running at large within the corporate limits, and may sub-
ject the same to such regulations and taxes as it may deem
proper; and to regulate, restrain and punish drunkards, va-
grants and street beggars; and to prevent from coming into said
town persons who have no ostensible means of support, and al
persons who may be dangerous to the peace and safety of the
town; and to expel therefrom any such persons who may not
have resided therein as much as one year; and to define, regu-
late and prohibit gaming or games of chance, and to define, pro-
hibit and punish violations of the Sabbath.

9. The town council shall have the power and authority tc
require the owners or occupiers of real estate within the cor.
poration limits of the town, which may front or abut on the
line of any sewer or water pipe line or conduit, to make connec-
tions therewith, and to use such sewer, pipes, conduit 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 improve and secure proper sanitary conditions;
and to fix and impose the charges and fines to be paid by the
owners or occupiers of the properties and persons served there-
by, for tapping and using such sewers, pipes and conduits, and
for the use of water supplied by the town; to make regulations
for the use, enjoyment, protection and care of the sewers, pipes,
conduits, and water supply of the town; and shall have the
power to enforce the observance of all such ordinances and regu-
lations, by the imposition and collection of fines and penalties, to
be collected as other fines and penalties for the violation of ordi-
nances of the town are collected.

10. In every case where a street, alley, park or public prop-
erty of the town has been, or shall be, occupied or encroached
upon by a fence, building, porch, projection, or otherwise, with-
out first having obtained consent thereto from the town council
or a franchise therefor, such occupancy or encroachment shall
be deemed a nuisance, and the owner or occupant of the prem-
ises encroaching, upon conviction of so doing, before the mayor
or any councilman of the town, shall be fined not less than five
($5.00) nor more than fifty ($50.00) dollars, each day's con-
tinuance of the said occupancy or encroachment to constitute
a separate offense, such fine to be recovered in the name of the
town and for its use, and the town council may require the
owner of the premises encroaching, if known, or if not known,
the occupant thereof, to remove the encroachment 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 not
known, the occupant, all reasonable charges therefor with costs,
by the same process that they are authorized by law to collect

es.

No encroachment upon any street or alley, however long
continued, shall constitute any adverse possession to, or confer
any rights upon the person claiming thereunder, as against the

wn.
11. The town council shall have the power and authority
without reference thereof to a vote of the people to issue cer-
‘ificates of indebtedness, revenue bonds or other obligations, is-
sued in advance of the collection of the revenue of the town for
the then current year; provided that such certificates, bonds
and other obligations mature within one year from the date of
their issue, and be not past due and do not exceed the revenue
for such year; and the said town council shall have the further
mower and authority, without reference thereof to the vote of
he people, to issue a certificate or certificates of indebtedness,
revenue bonds or other obligations or tne town OF INOPU fdaden-
well issued in advance of the collection of the revenues of the
town, not exceeding the sum of five thousand ($5,000.00) dol-
lars, to be used only for the purposes of permanent improve-
ments, and not otherwise, by a recorded affirmative vote of not
less than five members of the town council, in which the mayor
shall have one vote along with the other members of said town
council, which said bond or bonds shall mature and be payable
within a period or periods not exceeding ten years from the
date thereof.

12. Where by the provisions of this act and the general
laws of the State the council has authority to pass ordinances,
by-laws or regulations on any subject. It may prescribe any
penalty, not exceeding five hundred dollars ($500) or confine-
ment in jail not exceeding six (6) months, or both, for the vio-
lation thereof, or any other form of punishment provided by
the laws of this State for the punishment of misdemeanors; and
when, by this act or by the ordinances, 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 the failure to pay any fine or penalty and the costs of trial,
or the costs of trial, where there is no fine or penalty imposed
upon him for the violation of a town ordinance, such offender
may be compelled to work upon the streets or other public im-
provements or works of the town, unless physically incapable
of so doing; and such offender shall have credit on the amount
of such fine, penalty or costs, with the sum of fifty cents (50c.)
for each day that he so works; in case a prisoner convicted
under an ordinance of said town of North Tazewell shall be
committed to jail in execution of sentence or for failure to pay
such fine and cost, he is to be considered and treated as a State
prisoner; the county to pay costs of confinement; and the said
prisoner may be sentenced to work on the highways and roads
of the State of Virginia as other State prisoners; such sentence,
however, to be at the discretion of the town authorities whether
they shall commit the prisoner to confinement in jail and work
on the streets of said town, or to commit the prisoner to jail and
work on the highways and public roads of the State of Virginia.

18. For the purpose of carrying into effect the police regu-
lations of said town, the town shall be allowed to use the county
jail of Tazewell county for the safe keeping and confinement of
all persons who shall be charged with any crime or be sentenced
to imprisonment under the ordinances of said town, and all per-
sons so confined shall be under the charge and custody of the
sheriff of said county, who shall receive, keep, and discharge
the same in such manner as shall be prescribed by the ordinances
of said town or otherwise discharged by due course of law.

14. The said town shall be entitled to all the immunities
exemptions and privileges appertaining to any town that main.
tains and keeps its own poor, according to the general statutes
of the Commonwealth.

15. The said town of North Tazewell, its inhabitants and
all taxable property within the corporate limits of said town
shall be exempt from all assessments or levies in the matter of
district and county road taxes imposed by the authority of Taze-
well county for the construction, repair or maintenance of roads
lying outside of said town; provided, however, that said town
of North Tazewell shall construct, repair and maintain all streets
and roads within the corporate limits of said town. .

16. The town council in addition to the State taxes on li-
cense may, when anything for which a license is so required 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 li-
censed, bond, with surety in such penalty and with such con-
ditions as they may deem proper, or make other regulations
concerning the same; and within the limitations of the Consti-
tution 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; within the
same limitations the town council may levy a license tax on any
person, firm or corporation whether his or its principal place of
business or office is within or without the town, and if said cor-
poration or person does or offers to do business within the
town; and upon the agent of any insurance, oil, fertilizer, mer-
cantile, or other company or person where such agent does or
offers to do business within the town, whether the principal
place of business of such agent be within or without the town;
the council may grant or refuse license to owners or operators
of wagons, drays, hacks, automobiles or other wheeled vehicles
kept or employed in the town for hire; and may assess and re-
quire taxes to be paid thereon, and subject the same to such
regulations as they may deem proper and may prescribe their
fees and compensation; and may require the owners or opera-
tors of wagons, drays, hacks, automobiles and other wheeled
vehicles using them in the town to take out a license therefor,
and may assess and require taxes to be paid thereon and pre-
eine regulations for the use, driving and drivers of such ve-

icles.

17. All ordinances now in force in the town of North Taze-
well not inconsistent with this act shall be and remain in force
until altered, amended or repealed by the town council. And
the present officers of the town shall be and remain in office
until the expiration of their several terms or until their suc-
cessors qualify.

18. 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 North Tazewell are hereby repealed.