Chap. 351.—An ACT to incorporate the town of Crewe, in Nottoway
county, Virginia. (H. B. 514.)
Approved March 20, 1916.

ARTICLE I.

1. Incorporation and boundaries.—Be it enacted by the gen-
eral assembly of Virginia, That the inhabitants of the territory
in Nottoway county contained within the boundaries prescribed
in section two hereof is, be, and shall continue to be a body
politic and corporate, in fact and in name, under the name and
style of the town of Crewe; 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 enactec
for the government of towns of less than five thousand inhab-
itants, so far as the same are not inconsistent with the pro.
visions of this act.

2. The boundaries of the town shall be as follows: Com
mencing at a point on the southern line of Virginia avenue a
the intersection of the western line of Graves street; thence in
an easterly direction along the southern line of Virginia avenue
to the éastern line of Tyler street; thence along the western line
of Tyler street to the southern line of Custus street; thence
along this line to the western line of Bolling street; thence along
said line to the line of the Norfolk and Western railroad com-
pany’s property ; thence along the line of said property to a point
where it intersects with the southern continuation of the east-
ern line of Third street in what is known as East Crewe; thence
along said line to the northern line of Tennessee avenue; thence
along said line to the eastern line of Second street; thence along
the eastern line of Second street to the northern line of Georgia
avenue; thence in a westerly direction along and in continua-
tion of said northern line of Georgia avenue to where it inter-
sects with the continuation of the western line of Graves street,
and thence along said line to the place of beginning.

ARTICLE II.

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 nine councilmen, who
shall constitute the.town council, all of whom shall be electors
of 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 qualified. They shall be elected on the fourth Thursday in
May, immediately preceding the expiration of the terms of their
predecessors, and shall enter upon their duties on the first day
of September next, succeeding their election.

5. The electors of the town of Crewe shall be the actual
residents of the town, who are otherwise qualified to vote for
members 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 fourth
Thursday in May, shall have personally paid at least six months
prior to the fourth Thursday in May 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 fourth
Thursday in May in any year, shall have personally paid at
least six months prior to the Thursday after the first Monday in
November of that year all State poll taxes assessed or assess-
able against him during the three years next preceding that in
which such election is held; provided, 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 principal officers of said town shall, in addition to
said mayor, consist of a treasurer, sergeant, clerk of the council,
and commissioner of the revenue, and the council may appoint
such committees of the council and create such boards and de-
partments 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 gen-
eral laws of this State.

7. A treasurer, clerk of the council, sergeant and commis-
sioner of the revenue shall be appointed by the council at its
first regular meeting in September 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 October 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 provide, but all muni-
cipal officers shall serve until their successors shall have quali-
fied, 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,
but the same shall not exceed the amount hereinafter prescribed.

10. In addition to the power to appoint such officers as are
herein expressly mentioned, the town council sha]l have the
power and authority to appoint health officer, fire chief and a
street commissioner, and any committees of the council, any
municipal board, the mayor of the town and any head of a de-
partment 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 committee or other appointing power,
and may require of any of the officers and employees so ap-
pointed bonds, with sureties in proper penalty payable to the
town in its corporate name, with condition for the faithful per-
formance of said duties.

11. All officers and employees appointed as provided in the
preceding section may be removed by the town council at its
pleasure, and where the appointment is by committee or board
by a vote of such committee or board, or where such appoint-
ment 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 in section ten of this act, a qualified person may be appointed
to fill such position for the unexpired term by the proper ap-
pointing power.

13. It shall not be lawful for any officer appointed by the
council, any committee, municipal board, mayor, or the head
of any department to fill two or more of the offices, except the
sergeant may also be street commissioner, whose incumbents
are appointed by the council or by any appointing power desig-
nated by the council, subject to the same penalties, habilities
and requirements 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 re-
spective offices be sworn in accordance with the laws of the
State of Virginia by any one authorized to administer. oaths
under the law of the State.

15. When the mayor, councilmen, treasurer, sergeant and
commissioner 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 ob-
tained 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 muni-
cipal officer takes the oath required of him, a certificate as afore-
said, 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 re-
quired of him by the council of said town, he shall be consid-
ered 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, shail
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 possession or under his control, he shall forfeit and pay tea
the town a sum not exceeding one hundred dollars, to be sued
for and recovered with costs; and all books, records and docu-
ments used in any office by virtue of any provision of this act,
or of any ordinances or order of the town council or any supe-
rior officer of said town, shall be deemed the property of said
town and appertaining to said office, the chief officer thereot
shall be held responsible therefor.

ARTICLE III.

18. The mayor.—The mayor shall be elected by the quali-
fied electors of the town for the term of two years. His salary
shall be fixed by the town council not to exceed two hundred dol-
lars unless the boundary lines are extended as now proposed and
in this case it shall not exceed three hundred dollars 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 ordi-
nances 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 approves, he shall sign it, but if not, he may
return it to the clerk of the council; and the council shall enter
the objection 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 resolu-
tion, it shall become operative, notwithstanding the objections
of the mayor. If any ordinance or resolution shall not be re-
turned within five days (Sundays excepted), after it shall have
been presented 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.any appropriation, ordinance or resolution; but such
veto shall not affect any item or items to which he does not ob-
ject. The item or items objected to shall not take effect except
in the manner provided in this section as to ordinances or reso-
lutions 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 sub-
ordinates 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 ap-
pointed by him, and to suspend any municipal officer or em-
ployee, other than the councilmen, whether elected by the peo-
ple or appointed by the council or any appointing power desig-
nated 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 re-
moval 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 annu-
ally at the beginning of each fiscal year, or oftener, if he be re-
quired by the council, a general statement of the condition of
the town in relation to its government, finances and improve-
ments, with such recommendations as he may deem proper; and
may from time to time communicate to the council such sugges-
tion and recommendations as he shall deem proper.

In case of the absence or inability of the mayor, the
president pro tempore of the council, to be chosen by the major-
ity 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 muni-
cipal duties of the mayor during such absence or inability.

. 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 IV.

26. Of the town council generally.—The town council, in
addition to the mayor, shall be composed of nine 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 meeting, 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 meet-
ing, 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 members of the council. Service of a notice of
a call of any special meeting shall be served upon all of the mem-
bers 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 five councilmen, or in the absence of
the mayor, five councilmen shall constitute a quorum for the
transaction 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 present as were present when such vote was taken.
30. The mayor, or in his absence or inability to act, the
president pro tempore of the council, shall preside over the
meetings of the council.

31. The meetings of the town council shall be opened to
the public, and the journal of their proceedings shall at all times
be open to inspection 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 off-
cers and committees as they deem proper; but no tax shall be
levied or corporate debt contracted, unless by 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 ex-
ceeding the sum of one hundred dollars except by the recorded
affirmative vote of a majority of all members elected to the
council.

33. A journal shall be kept of the proceedings of the town
council, and at the request of any member present the yeas and
nays shall be recorded on any question. At the next meeting the
proceedings shall 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, qualifica-
tions and returns of its members; may compel the attendance of
absent members, and fine them for disorderly behavior and with
the concurrence 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.

37. 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 said council has
been elected, shall be filled by the council, by the appointment of
any one eligible to 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
declared vacant by the council, and the unexpired term filled
according to law.

89. The council shall have power to suspend and remove
all other officers whether they be elected or appointed for mis-
conduct in office or neglect of duty, to be specified in the order
of suspension or removal; but no such removal shall be made
without reasonable notice to the officer complained of, and oppor-
tunity afforded him to be heard in his defence; and no removal
of any town officer by the mayor, other than an officer appointed
by him, shall be final until the same shall be ratified by two-
thirds vote of the town council.

40. The town council shall have, subject to the provisions
of this act and the general laws of the State, the management
and control of the fiscal and municipal affairs of the town, and
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 council, 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 punishments
for violation thereof, lay taxes and levies, but no general ordi-
nance or by-law or regulation having the effect of a general
ordinance, shall become operative until published in some news-
paper published in the town, or until publicly posted in the town
at such place or places as the town may direct, but any ordinance
establishing a town code shall be taken as duly published when
monn thereof have been printed and placed on sale for the
public.

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

44, The town council shall have 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,
regulations 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.

The town council shall have 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, disturbances and disorderly assemblages; to suppress
houses of ill-fame and gambling houses; to prevent and punish
lewd and 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 ad-
dition to those prescribed by the laws of the State.

46. The town council shall have the power and authority to
prevent the coming into the town of persons having no ostensible
means of support, ard 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 or misdemeanor has been committed or at-
tempted to be committed in the town, may in their discretion,
offer such reward as they may think right not to exceed one
hundred dollars, for the arrest and conviction 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 may make appropriations of public
funds to any public free school of the county of Nottoway which
is used or attended by the children of the residents of the town
located within the town.

ARTICLE V.

50. So long as the town of Crewe 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 transmission of such orders; and the town council shall
have power and authority, in addition to any fines and punish-
ments 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.

ARTICLE VI.

51. 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 appoint a
health officer at a salary of twenty-five dollars per annum for
and to organize a board of health for the town with the authority
for the prompt and efficient performance of his and its duties.

52. The town council shall have the power and authority to
prevent injury or annoyance from anything dangerous, offen-
sive, or unhealthy, to provide by general ordinances what are
nuisances, to prohibit the throwing of dead animals in alleys, or
other objectionable substances, 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, and to fix
fines for the violation of this law.

53. The town council shall have the power and authority to
regulate slaughter-houses, soap and candle factories, and the
exercise of any dangerous, offensive or unhealthy business, trade
or employment 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.

54. If any ground within the town shall be subject to be
covered with stagnant water or if the owner or owners, occu-
pier or occupiers thereof, shall permit any offensive or unwhole-
some substance to remain or accumulate thereon, the council may
cause substance 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 reasonable notice shall be first given
owners or their agent. In case of non-resident owners who have
no agent in said town, such notice shall be given by publication
for not less than two weeks in any newspaper published in the
wn.
ARTICLE VII.

55. Police force.—The mayor, or in his absence, the presi-
dent 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 two dollars per day. The duties and powers of
such special policemen shall be the same as that of private or
the regular police force.

56. 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 discharge the duties of his office.

57. 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 a constable at common law in taking cognizance
of, and enforcing the criminal laws of the Commonwealth of
Virginia, and the ordinances and regulations of the town re-
spectively; and it shall be the duty of each and every one of
such policemen to use his best endeavors to prevent the com-
mission 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 inhabi-
tants thereof from violence, and the property therein from
injury.
58. 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 authority, and shall make due return thereof. The
criminal jurisdiction of the policemen of the town shall extend
two miles beyond the corporate limits of the town.

ARTICLE VIII.

59. Fire department and prevention of fires—The town
council shall have the power and authority to establish and main-
tain a fire department for the town, and all powers necessary
for the government, 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 assist-
ance 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.

60. 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, station-
men, horsemen and laddermen as it may deem proper; and may
prescribe their rate of pay, the salary of the chief shall not ex-
ceed two and a half dollars for each fire attended and one and a
half dollars for as many as three assistants.

61. 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, hose-
men and laddermen employed by the town and the members of
the fire companies formed under the general laws of this State
shall have such powers and duties and be subject to such regu-
lations as are provided by the general laws of the State and the
ordinances of the town. |

62. 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 general laws of this State and over all other persons who
may be present.

At fires he shall appoint the stations and operations of all
persons. companies, apparatus and equipment for the purpose of
extinguishing 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 any things 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 assistance from all present as he shall judge necessary.

No corporation or individual shall use the streets of the town
of Crewe for water mains unless they make adequate provisions
for supplying the town with water for fires and provide sufficient
number of fire plugs for fire purposes, also to permit the proper
town authorities to inspect and test same at stated intervals.
This applies to water plants already in operation, or that may
hereafter be constructed. The compensation to be fixed by the
town council.

63. The owner of property so destroyed shall be entitled to re-
cover from the town the amount of 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, but only for what could have been saved with
ordinary care and diligence, had no such direction been given.

64. The grade of the fire wardens shall be designated by
the council as first, second, and in like order, and the absence of
the principal engireer 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.

65. The town council may, in their discretion, authorize or
require the fire department to render aid in cases of fire occur-
ring beyond the limits of the town, and prescribe the conditions
on which such aid may be rendered.

66. The town council shall have the power and authority
to make regulations for the purpose of guarding against danger
from any 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 sh,
on petition of the owner or owners of at least one-half of the
ground include it in any square of the town, prohibit the erec-
tion on said square of any building or buildings, or addition ia
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 b2 erected
contrarv to such prohibition at the expense of the builder or
owner thereof: and if any such building shall have been ccm.
menced before sa‘d petition can be acted on bv 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 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 pro-
vision, affixing such penalties as are not in conflict ‘vith this act,
and which said fines shall be a lien on the property condemned,
to be collected as other taxes or fines.

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

ARTICLE IX.

68. Water and sewers and other public utilities—The town
council shall have the power and authority to acquire or other-
wise obtain control of or establish, maintain, operate, extend
and enlarge 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,
condemnation or otherwise, whatever land and streams may be
necessary for acquiring, locating, establishing, maintaining, ope-
rating, extending and enlarging said water-works, and sewer
system, electric plants and other utilities, and the rights of ways,
rails, pipes, poles, conduits and wires connected therewith or
any other fixtures or appurtenances thereof; provided, that said
town shall not have the right to acquire by condemnation the
stream 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
service corporation, for the purpose of acquiring, establishing,
maintaining, operating or enlarging its electric plant or water
works. | :

69. The town council shall have the power and authority
to prevent the pollution of the water and injuries to the water-
works, for which purpose their jurisdiction shall extend to five
miles above the same.

70. The town council shall have the power and authority to
protect from injury the water-works, and electric-works of the
584 ACTS OF ASSEMBLY. (VA.

town, whether within or without the town by ordinances pre-
scribing adequate penalties for the injuries thereof.

71. The town council shall have the power and authority
to require the owners or occupiers of the real estate within the
corporate limits of the town which may front 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 improve and secure good sanitary conditions; and
shall have the power to enforce the observance of all such ordi-
nances and regulations by the imposition and collection of fines
and penalties, to be collected as other fines and penalties under
the provisions of this act.

72. 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 of persons served thereby for tap-
ping or using such sewers, pipes or conduits and for the use of
water supplied 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 ordinances 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 connections 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 payment of the fees and
charges for such connection, for use of the town sewerage svs-
tem, or for water supplies to him by the town. The town council
shall have authority to make ordinances to enforce the collec-
tion of a scavenger or sanitary tax which shall be taxed against
the occupant or property owner which shall not exceed twenty
cents per month for each privy or dry closet in the town. The
cleaning of said privy or dry closet to be done by the town.

ARTICLE X.

73. Streets, et cetera, cemeteries.—The town of Crewe shall
constitute a separate road district and shall construct, repair,
maintain and keep in good 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 cor-
porate limits of the town shall be exempt from all assessments
and levies imposed by the authorities of the county of Nottoway
or of Winningham magisterial district thereof, for the construc-
tion, repair or maintenance of roads lying outside of the cor-
porate limits of said town; provided, however, that such taxable
property within the corporate limits of the town shall not be
exempt from any levies or taxes made by said authorities of
Nottoway county, or of Winningham magisterial district therein,
for the purpose of creating a sinking fund to redeem the prin-
cipal 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 said county or of Winningham magisterial 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 upon petition of a majority of the freeholders
of said town, contribute funds or other aid within the control
of the town toward 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 corporate limits of the town, as measured
along the route of such road.

74. All streets, cross streets and alleys and walkways which
have already been laid off and opened according to the plats of
the several sub-divisions of the town, and all streets, cross
streets and alleys and walkways, have heretofore been opened
and used as such, or which may 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.

75. Any streets, alleys or walkways heretofore or hereafter
reserved 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 in public use as for a public street, alley or walk-
way, as the case may be, of the town, unless it appears by said
record that the street, alley, or walkway so reserved is desig-
nated 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 pur-
poses 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 interest therein
as they have by law over the streets, alleys, walkways and lanes
laid out by them.

7 The town council shall have the authority to open, close,
alter, improve, widen or narrow streets, avenues, alleys and
walkways; 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 building of any structure, obstruction or en-
croachment over, under or in any street, sidewalk or alley in
said town; and to plant or permit to be planted along said street
shade trees.

77. 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 limi-
tation as they may prescribe, to construct and maintain in, upon
and over such street or alley, awnings, fire escapes, shutters,
signs, cornices, gutters, down spouts and bay windows and other
appendages to buildings; but such permission so granted shall
be he'd 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 permission shall not be construed to relieve the said
owners of any negligence on their part.

78. The town council shall have the power and authority in
particular districts or along particular streets to prescribe and
establish building lines, to regulate the height of buildings and
to make regulations concerning the building of houses in the
town.

79. The town council shall have the power and authority to
prevent the riding or driving of horses or other animals and
automobiles, motorevcles and other wheeled vehicles at an im-
proper speed; throwing stones or engaging in any employment
or sport on the street, sidewalks or public alleys, dangerous or
annoying to passengers.

80. The town council shall have the power and authority to
impose taxes and assessments upon the abutting land owners for
making and improving the walkways upon the existing streets,
and improving and paving then existing alleys, and for either
the construction, or for the use of sewers: but the same when
imposed shall not be in excess of the peculiar benefits resulting
therefrom to such abutting land owners and in no case shall it
exceed one-half of the cost thereof to the abutting land owners.
All such taxes and assessments upon abutting land owners for
the improving of walkways, improving and paving of alleys, and
for constructing sewers shall be made in accordance with the
provisions of the general laws of this State.

81. 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 corpo-
rate authorities of the town.

82. 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 gen-
eral public, without 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 day’s continuance 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.

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

84. In every case where a street or alley in said town has
been or shall 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 occu-
pant 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 couneil to cause the encroachment to be
removed and collect from the owner, or if the owner be un-
known, from the occupant, all reasonable charges therefor, with
cost, by the same process that they are herein empowered to
collect taxes. No encroachment upon any street or alley, how-
ever long continued, shall constitute any adverse possession to
or confer any right upon the person claiming thereunder as
against the town.

85. The town council shall not take or use any private prop-
erty for streets or other public purposes without making to the
owner thereof just compensation for same, but in cases where
the town council cannot by agreement with the owner or owners
thereof, obtain title to any land needed for streets or any muni-
cipal 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 the State.

86. 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 also 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 ceme-
tery; to set aside, at their discretion, by metes and bounds, a
portion thereof for the interment of strangers and the indigent
poor; to divide the remainder into burial lots and sell or lease
the same, and to execute all proper deeds 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 ceme-
tery. The money from such sale or lease of burial lots shall be
invested, used and employed for the use, protection, preserva-
tion and ornamentation of said cemetery. The cemetery, when
established and enclosed, shall be exempt from the State, county
and municipal taxation.

ARTICLE XI.

87. Town officers.—The compensation of the treasurer, ser-
geant, clerk of the council and the commissioner of the revenue
of the town shall be the same as paid to Nottoway county treas-
urer, sergeant shall receive a salary not exceeding sixty dollars
per month, the street commissioner shall receive a salary not
exceeding ten dollars per month, the clerk shall receive a salary
not exceeding sixty dollars per annum; the commissioner of the
revenue shall receive the same salary as the law provides for
county commissioner of the revenue and shall hereinafter be
prescribed before entering upon the duties of their several offices,
the treasurer, sergeant and commissioner of the revenue shall
give bond, with surety to be approved by the town council, in
such sum as the council shall prescribe. The giving of the 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 sum of five thousand dollars, of the sergeant two
thousand dollars, and commissioner of the revenue one thousand
dollars.

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

89. As moneys and revenues belonging to the town are re-
ceived by the treasurer or other officer whose duty it is to collect
the same, he shall promptly deposit the same in some depository
or depositories approved and established by resolutions of the
town council subject to the order of “The town of Crewe;” and
until and unless the council shall otherwise provide the First
National Bank and the Bank of Crewe shall be taken and con-
sidered to be regularly approved and established depositories of
the town of Crewe.
90. All disbursements of town moneys shall be by voucher
on the treasurer of the town of Crewe, signed by the clerk of
the council and countersigned by the mayor.

91. All moneys received on special assessments shall be
held as a special fund, to be applied to the payment of the mat-
ter for which the assessment was made, and said money shall be
used for no other purpose whatsoever. The treasurer may for
greater convenience deposit such special fund in one of the regu-
lar depositories of the town to the order of the town of Crewe
tor such special fund, and the same shall be disbursed upon check
or order of the town of Crewe for such fund, signed and counter-
signed as provided in section ninety hereof.

92. 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.

98. 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 col-
jected by him on account of town levies, license taxes, penalties
and all other sources since his last final settlement with the
town council, and also lists of insolvents and delinquents as
herein prescribed.

The treasurer 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 affi-
davit, 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 theretofore 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 committee 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 said state-
ment to the mayor and pay into the treasury as above prescribed
the amount collected and not formally 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 without a
reasonable excuse within the prescribed time, he shall forfeit
his commissions on all sums that should have been or were em-
braced in such statement which prior to the date for such state-
ment had not been paid into the town treasury.

94. 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 condi-
tion of the town and of all receipts and disbursements and ex-
penditures for the preceding fiscal year.

Such annual statements shall be published in some news-
paper published in the town or posted in five or more public
places in the town and shall exhibit:

First: (a) Cash on 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) A detailed account of all expenditures actually made
during the year, showing under general head the purposes for
which expended.

(d) Cash balance on hand at the 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.

Second: (a) Revenue due and unpaid to the town at the
beginning of the year. showing under general heads the sources
from which accrued.

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

(c) Revenue collected during the year, showing separately
collections from the 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 sew-
erage charges, and other accounts declared insolvent and un-
collectible by the council.

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

Third: (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 informa-
tion that would be contained in the statements above mentiened
be given.

95. 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 of other officers of the town are paid.

96. 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
statements of all moneys received and expended; (b) a schedule
of the property owned by the town and the income derived there-
from, and the expense of maintenance and operation therefor;
(c) separate 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.

97. 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 subject 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 ac-
counts as treasurer for the preceding term; and if such settle-
ment be not made on or before the regular time for entering into
the duties of his office for another term, the office shall be con-
sidered vacant and the vacancy shall be filled as herein provided.

The treasurer of the town of Crewe 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 prop-
erty 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 in-
terest thereon at the rate of fifteen per centum per annum, from
the time the same was so payable.

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

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 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 two miles beyond the same,
and be. subject to the same liabilities touching all process law-
fully directed to him as constables are subject to under the laws
of this State.

99. 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.
100. 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 otherwise 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 not 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.

101. The sergeant shall be collector of all fines and penalties
imposed for the violation of the 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 settlements 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 liabih-
ties and penalties as are prescribed for county treasurers in the
collection of State taxes and county levies, and may be proceeded
against in the same manner, so far as applicable.

102. 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 reports to the council in writing, verify same by affi-
davit, and within fifteen days after said dates, file the same with
the mayor to be transmitted to the council.

103. 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 cor-
porate seal of the town and affix the same whenever required so
to do by 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 of the council are required to be filed
with or kept by him.

104. 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
concerning any public improvement, or concerning the payment
of money, or for a legislative character passed by the council of
such session.

He shall, in like manner, transmit to the treasurer a tran-
script 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 present-
ing communications or petitions to the town council of the final
action of the council on such communications or petition.
He shall publish such reports and ordinances as the town
council are by this act or by the laws of this State required to
publish, and such other reports and ordinances as they may
direct; and shall, in general, perform such 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.

105. 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 or published in some newspaper published in the town.

The commissioner of the revenue shall perform all of
the duties in relation to the assessment of property for the pur-
pose 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 per-
form such other duties in relation to the assessments of prop-
erty 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 powers 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 evi-
dence 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.

107. 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 assess-
ment by the commissioner of revenue for Nottoway county or

108. 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 mem-
bers 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.

ARTICLE XII.

109. All contracts for the erection of public improvements
and buildings within the jurisdiction of the town where the esti-
mated cost thereof exceeds three hundred dollars, and in al
cases where practicable, shall be let to the lowest responsible
bidder, all things considered, and notice shall be given at least
twenty days before this 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 that 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
sald contract.

110. 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 Febru-
ary 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 law-
fully chargeable 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 necessary to be raised by levy on real and per-
sonal prcperty 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 subjects of taxation:

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

(b) Any property, real and personal, in the town not speci-
ally exempt from municipal taxation by the laws of the 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 resid-
ing, therein and specifically exempted from municipal taxation;
and,

(ad) 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.

111. The rate of such levies upon real and personal prop-
erty shall not exceed seventy-five cents on the one hundred dol-
lars of assessed valuation except in case of a bond issue author-
ized by the freeholders, the rate of assessment to provide a sink-
ing fund and interest on the bonds may be increased but in no
case to exceed a rate of one dollar and twenty-five cents on the
one hundred dollars of assessed valuation.

112. Such municipal capitation tax or levy so ordered, shall
not exceed one dollar per poll, and the payment thereof shal! not
be prerequisite to voting in any municipal, county or State elec-
tion, which shall be appropriated for the use of the public schoo!s
jocated in the town of Crewe. Such capitation tax or levy may
be collected at the same time and in the same manner, by dis-
tress or otherwise, that levies on personal property are collectible.
113. The town council may exempt from all municipal taxa-
tion bonds and other obligations of indebtedness issued by the
town.

114. 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 com-
missioner 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 shall by the
same proceedings as are provided for county commissioners of
revenue in similar cases assess such omitted property, real or
personal, for taxation.

115. All municipal taxes shall be uniform upon the same
class of subjects within the town, and shall be levied and col-
lected under general laws and ordinances.

116. The town council, in addition to the State taxes on
licenses, may, when anything for which a license is required is
to be done within the town, impose a tax for the privilege of do-
ing 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 con-
dition as they may deem proper, or make other regulations con-
cerning the same; and within the limitation of the Constitution
of this State and of the United States, provided the license tax
shall not exceed the State license tax, except shows, theatrical,
moving pictures, pool tables and other amusements, and may
levy a license tax on any other business carried on in the town.
The town council may also levy a license tax on shows, circuses
and other places of amusement within two miles of the corporate
limits, 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, pro-
vided such products are grown or produced by such person.

117. Within the limitations of the Constitution of this State
and the United States, 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, if saic
person or corporation does, or offers to do, business within the
town, and upon the agent of any insurance, oil, fertilizer, laun-
dry or other company or person where such agent does not offer
to do, business within the town whether the principal office o1
place of business of such agent be within or without the town.

118. The council may grant license to owners or keepers 0:
wagons. drays, carts, hacks, automobiles, motorcycles and othe
wheeled carriages kept or employed in the town for hire, anc
may require the owners or keepers of wagons. drays and carts
automobiles, motorcycles. and other wheeled vehicles using then
in the town, to take out license therefor, and may assess and re
quire taxes to be paid thereon, and subject the same to such regu-
lations as they may deem proper.

119. The council shall also have power and authority to
provide ordinances requiring the removal of garbish and rub-
bish, and fix and collect charges therefor, and the penalties for
the non-payment of such charges.

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

121. 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.

122. The town council may levy a tax on water and gas and
for the use of sewers.

123. 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 revenue’s books,
and continue to receive 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 neces-
sary to give general publicity thereto, upon what days he will be
in his office in said town to receive such levies; and shall at a
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
cr other such officer by the first day of December of the year in
which assessed, shall incur a penalty thereon of five per centum,
which shall be added to the amount of levies due from such tax-
payer, which when collected by the treasurer or other such off-
cer 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 per centum 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 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 payment thereof; and upon the failure or refusal of such
person or agent to pay the same he shall promptly proceed to
collect the same by levy, distress or otherwise.

Should it come to the knowledge of the treasurer or otner
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 same by
levy, distress or otherwise at any time after such levy bills have
come into his hands.

124. 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 per centum per annum,
from the fifteenth of December, in the year in which same may
mh been assessed, for the period of five years, unless sooner
paid.

125. Any goods or chattels in the town belonging to the
person or estate assessed with town levies or taxes, may be dis-
trained 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 officer has to levy or dis-
train or 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.

126. The treasurer or other officer whose 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.

127. The goods or chattels of the tenant, or other person,
claiming 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 property of the landlord sub-
jected to distress, within the town, shall have been exhausted.

Any real estate in the corporate limits of said town
belonging 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 exceding one year, and for cash sufficient
to pay the levies due on real estate so rented, and the cost and
charges of advertising and leasing.

When a lease is effected the treasurer or other such officer
leasing 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
part of the cost of this proceeding.

129. Any payment of taxes or levies by the tenant, unless
under an 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.

130. 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 possession they may be found.

131. The officer of the town whose duty it is to collect the
town taxes and levies, shall have all 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.

132. When the treasurer or other officer whose duty it is
to collect town taxes and levies, cannot find sufficient goods or
chattels to distrain for municipal taxes and levies, 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, pro-
cure 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 town or some
justice of the peace at such time and place as may seem reason-
able; and if the sum due exceed twenty dollars, shall procure
from the clerk of the circuit court of Nottoway county a sum-
mons 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
constitute 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
summoned does 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.

133. The treasurer or other officer whose duty it is to col-
Ject 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 pre-
scribed for county treasurers, with the names of the persons
chargeable with such town taxes and levies placed thereon alpha-
betically ; and such lists shall be of four classes.

First. A list of property on the commissioner’s land book
improperly placed thereon or not ascertainable, with the amount
of the municipal levies charged thereon.

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

Third. A list of such municipal levies ass°ssed other than
on real estate as he is unable to collect, including the capitation
levies included in list number four below.

Fourth. A list of such capitation taxes or levies as he is
unable to collect.

At the foot of each list subscribe the following oath:

oe rn , of the town of Crewe, in Notto-
way 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.”

1384. Each of the said lists shall be presented to and exam-
ined by the town council together with the tax or levy tickets
corresponding thereto; and if the said council be satisfied of
the correctness of the list, and that the taxes or levies are cor-
rectly 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
yr other such officer shall be under no liability for failure to
-ollect the same, and such delinquent tax or levy tickets shall
ve delivered to the town sergeant for collection.

136. The original of the lists whereof credit may be allowed,
he said clerk shall transmit to the auditor of public accounts a
‘opy of the list of real estate appearing thereby to be delinquent,
showing the amount of delinquency of each lot, or levies appear-
ng thereby to be delinquent.

The said clerk shall at the same time he certifies said lists
o the auditor of public accounts, make two other copies of the
ame, one of which he shall deliver to the clerk of the circuit
ourt of Nottoway county to be delivered by him to the treas-
irer of Nottoway county as hereinafter provided, and the other
f which he shall deliver to the clerk of the circuit court of
Nottoway county to be recorded by him as hereinafter provided.
136. When the clerk of the circuit court of Nottoway county
delivers to the treasurer of said county a list of real estate de-
Jinquent 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 of the town
of Crewe. Upon receipt of which lists the county treasurer shall
proceed to post and distribute copies of such lists and advertise
tor sale, the real estate so delinquent as is provided by the laws
of this State in the case of real estate deliquent for the non-
payment of State taxes and county levies and capitation taxes.

137. 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 per centum, 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 the real estate delinquent for the non-payment of State taxes
and county levies. .

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

139. All proceedings in anywise connected with the sale of
land in the town of Crewe for the non-payment of municipal
levies thereon, the duties of the treasurer of Nottoway county
with reference to such sale, reports of such sales, confirmation
of such sales, rights of purchasers at such sales, rights of re-
demption 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 such 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.

140. 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 Crewe 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
treasurer with whatever is due on account of said sale for muni-
cipal levies less a commission of ten per centum, and his sureties
on his official bond shall be liable therefor.

141. When any real estate is offered for sale for the non-
payment of State taxes, county levies or municipal levies of the
town of Crewe, as provided in this act, and the laws of the State,
and no nerson bids the amount chargeable thereon, the treas-
urer shall purchase the same in the name of the auditor of public
accounts for the benefit of the State and county or the town,
respectively, unless such real estate has been previously pur-
chased 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, show-
ing in whose name sold, the amount of taxes, county levies,
municipal levies, costs and charges, certified by his oath, shall
be returned by 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 con-
firm the same and direct its clerk to transmit a copy thereof to
the town council of the town of Crewe at their next meeting.
On the receipt of said copy, the town council of the town of
Crewe shall credit the treasurer with the amount of town levies
chargeable on such real estate so purchased in the name of the
auditor.

142. When any real estate in the town of Crewe is sold for
less than the aggregate amount of taxes, county levies and muni-
cipal levies thereon, what may remain after the Commonwealth’s
lien for its taxes and interest is satisfied, shall go ratably to the
county and town of Crewe.

143. Where town levies of the town of Crewe 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 pav over the same to the treasurer of the town.

144. The clerk of Nottoway county shall pay over to the
treasurer of the town all levies of the town of Crewe 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.

145. So soon as the clerk of the circuit court of Nottoway
county shall receive from the clerk of the town council of Crewe,
copies of the lists of the real estate within the town of Crewe
delinquent for the non-payment of town levies thereon and of
persons delinquent for the non-payment of taxes he shall record
and index the same in a book to be kept for such purpose. with-
out waiting for a sale to be had thereof. Such book shall be fur-
nished by the town of Crewe and shall conform as near as may
be to the book in which real estate delingnent for the non-pay-
ment of State taxes and county levies and State capitation 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 Crewe.

ARTICLE XIII.

146. Enforcement of laws and ordinances, et cetera.—The
mayor of the town of Crewe 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
determine 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 author-
ized by the said by-laws and ordinances, and issue executions
for the collection 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 thé streets or other public
improvements of the said town.

147. Appeals may be taken to the circuit court of Nottoway
county from the decision 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 violation of 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 per-
son so fined, with security approved by the mayor or member
of the council imposing the same condition to pay all fines, costs
and damages 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.

148. 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 Crewe 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 capias pro fine before or after the return of a writ of
fieri facias.

149. In any case in which a judgment is rendered by the
mayor or any councilman of said town upon a trial for a mis-
demeanor under the general laws of the State of Virginia, or
upon any trial for the violation of the 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 dis-
cretion 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
councilmen before whom such case is tried, endorse on the war-
rant 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 will 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 mis-
demeanor 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 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 Virginia and in case such fine be imposed for the viola-
tion of a town ordinance, 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 ccsts.

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 dis-
charged by due course of law.

150. 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 Crewe,” and writs and process issued in the name
of the town of Crewe shall conform as near as may be to the
form for similar writs and processes issued under general State

ws.

151. Where by the provisions of this act or the general
laws of this State, the council has authority to pass an ordi-
nance, bv-laws or regvlation on anv subiect, it mav prescribe
anv penalty not exceeding five hundred dollars or confinement in
jail not exceeding twelve months, or both, for the violation
thereof. or any other form of punishment provided for by the
laws of this State for the nunishment of misdemeanors; and
when, as in'‘this act or by the ordinances, by-laws and regula-
tions of the town council or by general laws provided, anv of-
fender shall be sentenced to serve a term in prison or be im-
prisoned for failure to pay any fine or penalty and the costs of
trial. where there is no fine or penaltv, imposed upon him for
the violation of a town ordinance, such offender shall be com-
pelled 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, pen-
alty 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 sub-
jected to such reasonable corporal punishment as may be pre-
scribed 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.

152. The town council shall have the power and authority
to establish a chain gang and require offenders against town
ordinances 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 ordi-
nance, he may be required to work in such chain gang upon the
streets or other public works or improvements of the town.

153. The jailor of the county of Nottoway is herebv au-
thorized to receive into his jail, and there keep until released
in accordance with law, any person regularly committed to his
jail for the violation of any town ordinance, regulation or by-
law; and unless otherwise provided by town ordinances anv
sentence of imprisonment imposed or order for confinement in
prison for the non-payment of any fine, penalty or costs imposed
oy 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.

154. 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 appre-
hended by the sergeant or any police officer of said town for
violation of the rules, regulations, by-laws or ordinances, or dis-
turbing the peace of said town, and shall be authorized to re-
tain 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 war-
rant or mittimus of a justice of the peace.

155. 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 ac-
cording to Jaw, 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 ordinances, by-laws, rules and regulations of
the town council has been committed by such person or persons.
156. All ordinances now in force in the town of Crewe, not
inconsistent with this act, shall be and remain in force until
altered, amended or repealed by the town council.

157. 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 proceed as soon as may be to fii! such offices for a term to
expire on the thirty-first day of Decemoer, nineteen hundred
and sixteen.

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

159. Inasmuch as the necessities of the town require
prompt action, an emergency exists rendering it necessary that
this act shall go into operation at once, therefore, this act shall
be in force from its passage.