Chap. 242.—An ACT to amend and re-enact an act to incorporate the town of

Hillsville, Virginia, approved by the general assembly of Virginia, March

5, 1900. [fH B 495]
Approved March 23, 1926.

1. Be it enacted by the general assembly of Virginia, That an
act entitled an act to incorporate the town of Hillsville, approved
March fifth, nineteen hundred, be amended and re-enacted so as to
read as follows: |

Section 1. The town of Hillsville, in the county of Carroll, as the
same has been or may be laid off into lots, streets and alleys, shall be,
and the same is hereby made a town corporate, by the name of the
town of Hillsville, and by that name shall have and exercise the powers
conferred upon towns by, and be subject to the provisions of the one
hundred and twenty-first chapter of the Code of nineteen hundred and
nineteen and acts amendatory thereto.

Section 2. The boundaries of said town shall be as follows: Be-
ginning at the ford of Beaver Dam creek, on the Floyd turnpike road
thence up said creek to the mill road; thence a straight line to the
corner of H. H. Farmer and E. W. Early on the Fancy Gap turnpike
road; thence a straight line to Cranberry creek, at the point said creek
crosses the line between Stephen Wilkinson’s and Martha Mitchell’s;
thence with said creek to (old) Grayson turnpike road; thence a
straight line to the mouth of the Mitchell still-house branch; thence a
straight line to the corner of the Tipton heirs and William Dalton on
the Fancy Gap turnpike road, thence a straight line to a point on the
Dugspur road three poles north of the corner of grave-yard; thence a
straight line to the beginning.

Section 3. The government of said town shall be vested in a
council composed of five members, three of whom shall constitute a
quorum to transact business. The said town council shall elect from
its own number a president who shall be mayor of the said town.
The said mayor shall preside at all meetings of the council and when a
vote is taken and the council is equally divided the mayor shall cast
the deciding vote. The said mayor shall be invested with all the
powers of a justice of the peace within the limits of said town. The
said council may also elect from its own number a vice-mayor who,
in the absence of the mayor, shall have the same rights and powers as
the mayor.

Section 4. The officers of the said town, other than the five mem-
bers of the said council, shall be a town sergeant and such other officers
as the council deems necessary and proper. The said sergeant shall
be appointed by the said council and his term of office shall expire
every two years, but he shall hold his office until his successor is ap-
pointed and qualifies. The sergeant shall be subject to removal by
the council at any time the said council may see fit. The said sergeant
shall perform the duties called upon by the council and he shall be a
conservator of the peace and be invested with the full powers of a
constable within the limits of said town; and also have the power to
arrest offenders within one mile of said limits for offenses committed
therein. He shall collect town taxes, and have power to distrain and
sell therefor in like manner as a county treasurer may distrain and sell
for State taxes. The said council shall appoint or elect the other
officers it deems necessary and shall fix their salaries. The council
shall also determine the salary of the sergeant.

Section 5. The said council shall hold their offices for two years,
and until their successors are duly elected and qualify. The said
council shall have powers to pass all by-laws and ordinances necessary
for the government of said town, not in conflict with the laws of the
State or of the United States, and also to provide for the keeping of
the streets in order and paving the same, and for other necessary im-
provements. The said council shall have power to impose a tax not
exceeding two dollars on the hundred dollars assessed value for all
purposes, and also to fix and impose a license tax on all vocations and
professions not prohibited by law and the amount thereof not to ex-
ceed those fixed by the State law, but the vocations and professions
are not to be limited to those only that are licensed by the State, but
may be imposed on any and all not prohibited by the State law or
United States whether taxed by the State or not.

Section 6. Doctor C. B. Nuckolls, J. Lucas Tompkins, Norman
Quesinberry, Alva E. Cooley and Mistress Belva M. Goad are hereby
appointed as members of the said town council for the said town and
shall have and exercise all the powers herein granted to the said officers
and shall remain in office two years from September first, nineteen
hundred and twenty-six, and until their successors shall be elected and
qualify according to law. If any person who is an applicant for the
office as town council shall be elected and fail to qualify, or shall qualify
and fail to perform the duties of his office or if any member resign his
office or in any manner vacate same, then the other members of the
said town council shall declare the office vacant and shall-elect a mem-
ber to fill the vacancy.

Section 7. All acts or parts of acts in conflict with this act are
hereby repealed.

Section 8. An emergency existing this act shall be in force from
its passage.