Chap. 550.—An ACT to amend and re-enact an act entitled an act to incorporate
the town of Elkton, in Rockingham county, Virginia, approved ae 14,
1908. {(S B 274)
Approved March 29, 1926.

1. Beit enacted by the general assembly of Virginia, That an act
approved March fourteenth, nineteen hundred and eight, entitled an
act to incorporate the town of Elkton, in Rockingham county, Vir-
ginia, be amended and re-enacted so as to read as follows:

Section 1. The inhabitants of the territory embraced within the
boundary set forth in the next paragraph below, in Rockingham
county, Virginia, known as Elkton, or as the same may be hereafter
altered, and established by law, shall continue to be a body politic and
corporate, to be known and designated as the town of Elkton, and as
such, have and exercise all powers which are now, or Rereafter may be,
conferred upon, or delegated to towns under the constitution and laws
of Virginia, as fully and completely as though said powers were
specifically enumerated herein, and no enumeration of said powers by
this charter shall be held to be exclusive; and the said town of Elkton
as such shall have perpetual succession, may sue and be sued, contract
and be contracted with, and may have a corporate seal which it may
alter, renew, or amend at its pleasure, the present boundaries of the
said town being as follows:

Beginning at the north point of the east buttress of the county
bridge over the Shenandoah river; thence with the north limit of
Spottswood avenue south seventy degrees east thirteeri hundred and
ninety-five feet to corner of First street; thence with west line of First
street north fifteen degrees thirty minutes east four hundred and fifty-
five feet to a hub corner to V. C. Miller and with his line; thence south
seventy-four degrees thirty minutes east eighteen hundred and thirteen
feet to a post corner to C. E. Miller; thence with his line north twenty-
five degrees east eleven hundred and thirty-eight feet to a stake in
C. E. and H. L. Miller’s line, two hundred and forty-two feet from
center of Shenandoah avenue; thence north twenty degrees twenty-
five minutes east eight hundred and eighty feet to a stake in M. M.
Jarman’s north yard fence, and with same to Shenandoah avenue
south seventy-five degrees ten minutes east one hundred and eighty-
three feet to a stake in the east line of Shenandoah avenue, and with
said east line north fifteen degrees fifty minutes east nine hundred and
seventy-nine and six-tenths feet; thence north twenty-four degrees
east two hundred and twenty feet; thence north fifty-five degrees
forty-five minutes east eighty-two and five-tenths feet in Norfolk and
Western railroad right of way; thence with south side of public road
south eighty-six degrees thirty minutes east thirteen hundred feet to
west line of Elk run public road; thence south forty-eight degrees ten
minutes east thirty-five hundred and five feet to northeast corner of
the Elkton cemetery, and with east line of same south thirty-five de-
grees east five hundred and fourteen feet in center of Furnace public
road; thence south forty-three degrees west seven hundred and forty-
two feet to center of Rockingham pike; thence continuing same line
six hundred and twenty-seven feet to Elk run creek, and with same
thence north eighty degrees thirty minutes west six hundred and
fifty-six feet; thence north eighty-seven degrees fifty minutes west
seven hundred and eighty-seven feet; thence south seventy degrees
thirty minutes west three hundred and thirty-one feet; thence south
sixty-nine degrees fifteen minutes, west four hundred and sixty-five
feet in J. H. Wolf’s land line, and the line of the Elkton improvement
company; thence with said line south twenty-one degrees forty-five
minutes east three hundred and eighty feet to a hub corner to Mc-
Gahey lot and with same south seven degrees west one hundred and
twenty-five feet to a hub; thence south thirty-six degrees forty-five
minutes west three hundred and twenty-three feet to a stake; thence
south seven degrees west one hundred and sixty feet to a stake in
south line of Marshall avenue; thence with said south line north
eighty-three degrees west four hundred and forty feet to a hub, corner
to Seventh street, and with the east line thereof south seven degrees
west one thousand and fifty feet to a stake in south line of Fairfax
avenue and Mrs. C. B. Harnsberger’s land line and with same; thence
north eighty-three degrees west six hundred and sixty feet to a post
on east line of Sixth street; thence south seven degrees west nine
hundred and twenty-one feet to a hub, corner of the lands of the
Metallic Allays Company, and with their lines; thence a continuation
of above line south seven degrees west five hundred and thirty-two
and six-tenths feet to a hub on south side of a spring branch; thence
crossing said branch south seventy-one degrees east one hundred and
fifty-one feet to a post; thence south seven degrees west four hundred
and seventy-four and five-tenths feet to a post on north side of public
road; thence with north side of said road crossing Norfolk and Western
railroad and Shenandoah river north seventy-eight degrees west eight
hundred and six feet to a stake on west bank of said river; thence with
the west bank thereof north eleven degrees thirty minutes west four
hundred and seventy-six feet; thence north fifteen degrees fifteen
minutes west three hundred and forty-seven feet; thence north twenty-
nine degrees west two hundred and ninety feet; thence north forty
degrees thirty minutes west five hundred and eighteen feet to C. W.
R. R.; thence north twenty-nine degrees forty-five minutes west two
hundred and eight feet; thence north thirty-six degrees thirty minutes
west seven hundred and six and six-tenths feet; thence north forty-
four degrees forty-five minutes west two hundred and fourteen feet;
thence north fifty-five degrees west four hundred and seventy-five
feet; thence north seventy-one degrees forty-five minutes west eleven
hundred and twenty feet near the W. H. Marshall and Joseph Taylor
line on a bluff; thence re-crossing said river north eleven degrees ten
minutes east two thousand and ninety feet to the beginning.
912 ACTS OF ASSEMBLY. [vA.

Section 2. Powers of the town.—In addition to the powers men-
tioned in the preceding section the said town shall have power:

(1) To raise annually by taxes and assessments in said town such
sums of money as its council hereinafter provided for shall deem nec-
essary for the purposes of said town, and in such manner as said coun-
cil shall deem expedient, in accordance with the constitution and laws
of this State, and of the United States.

(2) Toimpose special or local assessment for local improvements,
and to enforce payment thereof, such power however, is subject to the
limitation prescribed by the Constitution of Virginia as may be in
force at the time of the imposition of such special or local assessments.

(3) Subject to the laws and Constitution of this State, to con-
tract debts, borrow money, and make and issue evidence of indebted-
ness.
(4) To expend the money of the city for all lawful purposes.

(5) To acquire by purchase, gift, devise, condemnation or other-
wise, property real or personal, or any estate of interest therein within
or without said town, and for any of the purposes of said town; and
to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of
the same or any other part thereof.

(6) To acquire, in any lawful manner, for the purpose of en-
couraging commerce and manufacture, lands within and without the
said town, not exceeding at any one time one thousand acres in the
aggregate, and from time to time to sell or lease the same or any part
thereof for industrial or commercial uses and purposes.

(7) To make and maintain public improvements of all kinds in-
cluding municipal and other public buildings, markets, libraries, rest
rooms, and of buildings and structures necessary for use of the fire and
police departments, or for a jail and to acquire by condemnation or
otherwise all lands, riparian and other rights and easements necessary
for such improvements, or any of them.

(8) To furnish all local public service; to purchase, hire, con-
struct, own, lease, maintain and operate local public utilities, and for
such purposes, or either of them, to acquire by condemnation or other-
wise, within or without the corporate limits, land and property nec-
essary for such purposes.

(9) To acquire in any lawful manner in Rockingham or any other
adjoining county such water sheds, springs or water rights as the
council of the said town may deem necessary for the purpose of pro-
viding adequate water supply for said town and of piping or conduct-
ing the same to and about said town, to lay all necessary mains; to
erect and maintain all necessary dams, pumping stations, reservoirs,
and other works in connection therewith; to make reasonable rules
and regulations for promoting the purity of said water supply, and
protecting same from pollution; and for this purpose to exercise full
police powers and sanitary patrol over all lands comprised within the
limits of the water shed tributary to any such water supply; to impose
and enforce adequate penalties for the violation of any such rules and
regulations; and to prevent by injunction any pollution or threatened
pollution of such water supply by injunction or other proceedings.
For any of the purposes aforesaid said town may, if said council so
determines, acquire by condemnation, purchase, or: otherwise, any
estate or interest in such lands, especially water shed, or water supply,
or any right or easement therein, reserving to the owner or owners
such rights or easements therein as may be prescribed in the ordinance
provided for such condemnation or purchase. Said town may sell or
supply to persons, firm or industries residing or located outside of the
city limits any surplus of water it may have over and above the
amount required to supply its own inhabitants.

(10) To establish and enforce water rates and rates and charges
for public utilities, or other service, products or conveniences, operated,
or furnished by the city.

(11) To acquire by lease, purchase, or condemnation any water,
gas, or electric plant, or electric power within said town or a territory
contiguous thereto, and all property and appurtenances used in con-
nection with such plant.

(12) To establish, open, widen, extend, grade, improve, construct,
maintain, light, sprinkle and clean, public highways, streets, alleys,
boulevards and parkways, and to alter, or close the same, to establish
and maintain parks, play grounds and other public grounds, to con-
struct, maintain and operate bridges, viaducts, subways, tunnels,
sewers, and drains, and to regulate the use of all such highways, parks,
public grounds and works; to plant and maintain shade trees along the
streets and upon such public grounds; to prevent the obstruction of
such streets and highways, abolish and prevent grade crossing over
the same by railroads, in the manner provided by law; regulate the
operation and speed of all cars and vehicles using the same, as well as
the operation and speed of all engines, cars and trains on railroads
within the city; to regulate the services to be rendered and rates tolbe
charged by busses, motor cars, cabs and other vehicles for the carrying
of passengers and by vehicles for the transfer of baggage; require all
telephone and telegraph wires and all wires and cables carrying elec-
tricity to be placed in conduits under ground and prescribe rules and
regulations for the construction and use of such conduits; and to do
all other things whatsoever adapted to make said streets and highways
safe, convenient and attractive.

(13) To construct and maintain, or aid in constructing and main-
taining, public roads, boulevards, parkways, and bridges beyond the
limits of the town, in order to facilitate public travel to and from said
town and its suburbs and to and from said town and any property
owned by said town and situated beyond the corporate limits thereof,
and to acquire land necessary for such purpose by condemnation or
otherwise.

(14) Subject to the provisions of the Constitution of Virginia, to
grant franchises for public utilities.

(15) To collect and dispose of sewerage, offal, ashes, garbage,
carcasses of dead animals and other refuse, and to acquire and operate
reduction or other plants for the utilization or destruction of such
materials, or any of them; or to contract for and regulate the collection
and disposal thereof.
(16) To compel the abatement and removal of all nuisances
within the town, or upon property owned by the town, beyond its
limits; to require all lands, lots and other premises within the town to
be kept clean, sanitary and free from weeds; to regulate or prevent
slaughter houses or other noisome or offensive business within said
town, the keeping of animals, poultry or other fowls therein, or the
exercise of any dangerous or unwholesome business, trade or employ-
ment therein; to regulate the transportation of all articles through the
streets of the town; to compel the abatement of smoke and dust, and
prevent unnecessary noise therein; to regulate the location of stables
and the manner in which they shall be kept and constructed, and
generally to define, prohibit, abate, suppress and prevent all things
detrimental to the health, morals, comfort, safety, convenience and
welfare of the inhabitants of the city.

(17) To direct the location of all buildings for storing gunpowder
or other explosive or combustible substance; to regulate or prohibit
the sale and use of dynamite, gunpowder, firecrackers, kerosene oil,
gasoline, nitroglycerine, camphene, burning fluid, and all explosive or
combustible materials, the exhibition of fireworks, the discharge of
firearms, the use of candles and lights in barns, stables and other
buildings, the making of bonfires and the carrying of concealed
weapons.

(18) To prevent the running at large in said town of all animals
and fowls, and to regulate the keeping or raising of same within said
city, and to subject the same to such levies, regulations and taxes as
it may deem proper.

(19) To restrain and punish drunkards, vagrants, mendicants
and street beggars.

(20) To prevent vice and immorality; to preserve public peace
and good order, to prevent and quell riots, disturbances and disorderly
assemblages; to suppress houses of ill-fame, gambling houses and
gambling devices of all kinds, to prevent lewd, indecent or disorderly
conduct or exhibitions in the town, and to expel from said town per-
sons guilty of such conduct.

(21) To inspect, test, measure and weigh any commodity or
articles of consumption or use within the town, and to establish, regu-
late, license, and inspect weights, meters, measures and scales.

(22) To extinguish and prevent fires and to compel citizens to
render assistance to the fire department in case of need, and to estab-
lish, regulate and control a fire department, or division; to regulate
the size, materials and construction of buildings, fences and other
structures hereafter erected in such manner as the public safety and
convenience may require, to remove, or require to be removed, any
building, structure or addition thereto which by reason of dilapidation,
defect of structure, or other cause, may have become dangerous to life
or property, or which may be erected, contrary to law; to establish and
designate from time to time fire limits within which limits wooden
buildings shall not be constructed, removed, added to or enlarged, and
to direct that any or all future buildings within such limits shall be
constructed of stone, natural or artificial, concrete, brick, iron or other
fire-proof material.
(23) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers.

(24) To establish, organize and administer public schools and
libraries subject to the general laws establishing a standard of educa-
tion for the State. |

(25) To provide and maintain, either within or without the town,
charitable, recreative, curative, corrective, detentive, or penal in-
stitutions.

(26) To prevent persons having no visible means of support,
paupers and persons who may be dangerous to the peace and safety
of the town from coming to said town from without the same, and to
expel therefrom any such person who has been in said town less than
ninety days.

(27) To provide for the preservation of the general health of the
inhabitants of said town, make regulations to secure the same, inspect
all food and foodstuffs and prevent the introduction and sale in said
town of any articles or thing intended for human consumption, which
is adulterated, impure or otherwise dangerous to health, and to con-
demn, seize and destroy or otherwise dispose of any such article or
thing without liability to the owner thereof; prevent the introduction
or spread of contagious or infectious diseases, and prevent and sup-
press diseases generally; to provide and regulate hospitals within or
without the town limits, and to enforce the removal of persons afflicted
with contagious or infectious diseases to hospitals provided for them,
to provide for the organization of a department of health, to have the
powers of a board of health, for said town, with the authority necessary
for the prompt and efficient performance of its duties, with power to
invest any or all the officials or employees of such department of
health with such powers as the police officers of the town have; to
establish a quarantine ground within or without the town limits and
such quarantine regulations against infectious and contagious diseases
as the said council may see fit, subject to the laws of the State and the
United States; to provide and keep records of vital statistics and
compel the return of all births, deaths and other information necessary
thereto.

(28) To acquire by purchase, gift, devise, condemnation or other-
wise, lands, either within or without the town, to be used, kept and
improved as a place for the interment of the dead, and to make and
enforce all necessary rules and regulations for the protection and use
thereof and generally to regulate the burial and disposition of the

ea

(29) To exercise full police powers, and establish and maintain a
department or division of police.

(30) To do all things whatsoever necessary or expedient for pro-
moting or maintaining the general welfare, comfort, education, morals,
peace, government, health, trade, commerce or industries of the town
or its inhabitants.

(31) To make and enforce all ordinances, rules and regulations
necessary or expedient for the purpose of carrying into effect the
powers conferred by this charter or by any general law, and to provide
ind impose suitable penalties for the violation of such ordinances,
‘ules and regulations, or any of them, by fine not exceeding five hun-
jred dollars or imprisonment not exceeding six months, or both; the
town may maintain a suit to restrain by injunction the violation of
any ordinance, notwithstanding such ordinance may provide punish-
ment for its violation.

The enumeration of particular powers in this charter shall not be
deemed or held to be exclusive, but in addition to the powers enum-
erated herein, implied thereby, or appropriate to the exercise thereof,
the said town shall have and may exercise all other powers which are
10w or may hereafter be possessed or enjoyed by towns under the
Constitution and general laws of this State.

Section 3. Officers —The officers of the said town shall be a
mayor, a recorder, six councilmen (who together shall constitute a
common council), a treasurer, a sergeant, an assessor, and such other
officers as said council deems necessary, or, as are provided by the laws
of Virginia, now existing or hereafter enacted, for towns of less than
hve thousand inhabitants. Such persons as are now occupying the
said offices shall continue so to do until their successors are duly
elected and qualified. The offices of recorder and treasurer may be
filled by one and the same person.

Section 4. Qualifications for office.—Any person qualified to vote
in said town at the election at which such office is filled or at which
the council was last elected shall be eligible to either of the offices men-
tioned in above section three.

Section 5. How officers chosen.—The mayor, councilmen, and
treasurer, shall be elected by the voters of the said town who are by
the laws of this State entitled to vote for at least three months pre-
ceding the election. All other officers shall be elected by the said
common council.

Section 6. Term of office.—The term of office of the said officer:
shall be for two years (excepting when to fill vacancies), and until thei:
successors have been elected and qualified.

Section 7. When elections held.—The first election under thi:
act shall be on the first Tuesday after the first Monday in June, nine.
teen hundred and twenty-six, in said town and bi-annually thereafte:
at such place in said town and under such rules and regulations as may
be prescribed by the general law of this State. The assessor, the
recorder and sergeant shall be chosen by the said common council at
their first meeting following their election for a term of two years fron
the following first day of October, and bi-annually thereafter. Al
vacancies occurring from any cause in either of the offices of said towr
shall be filled for the unexpired term by the common council. The
term of office of said mayor, treasurer and councilmen shall begin or
the first day of September following their election.

Section 8. Compensation of oficers.—The common council shal
prescribe and fix the salary of all officers of the said town, but ne
salary shall be changed during the term of any office.

Section 9. Presiding officer; what constitutes a quorum; time o
meetings of common council.—The mayor, or in his absence the record.
er shall preside at all meetings of the common council. A majority
of the whole number constituting the common council shall constitute
a quorum for the transaction of any business. The common council
shall meet regularly once each month, at such time as may be selected
by the council and may hold special meetings upon the call of the
mayor, or of at least four councilmen after reasonable notice to all
members of the common council of the time, and place, and object, of
such special meeting.

Section 10. Penalty for absence.—Absence for five consecutive
regular meetings of the council shall operate to vacate the office of such
absentee, unless such absence was caused by sickness, or absence from
said town.

Section 11. Oath of office.—Each officer herein mentioned shall
not less than ten days before entering upon the duties of his office take
and subscribe an oath that he will truly and impartially discharge the
duties of his said office so long as he shall continue therein. If any
officer fails to so qualify his office shall be vacant, which vacancy shall
be filled by the said common council.

Section 12. Duties of the mayor.—It shall be the duty of the
mayor to constantly supervise all subordinate officers of the town, and
have access to all books and documents in their offices. He shall have
power to suspend all officers elected by the council until the next regu-
lar meeting of the council for misconduct or neglect of duty, and of
such suspension the mayor shall report with his reasons therefor to the
council at its next regular meeting. He shall have jurisdiction to try
all violations of the town ordinances, and inflict such punishments and
impose such fines as may be prescribed for violation of the same, and
in all criminal cases occurring within the town he shall exercise all the
powers and authority of the justice of the peace of Rockingham county,
and be entitled to the fees in such cases by law allowed to justices of
the peace. He shall exercise all such other power and authority as
may be conferred by the laws of Virginia upon mayors in towns of
under five thousand population.

Section 13. Duty of recorder.—In the absence or inability of the
mayor the recorder shall possess the same powers and discharge the
duties of the mayor during such absence or inability. He shall also
keep in a book provided for that purpose and preserve true record of
all ordinances and meetings of the common council. He shall also
perform such other duties as may be prescribed and directed by the
said common council.

Section 14. Duties of sergeant.—The town sergeant shall collect
all fines and penalties imposed by the mayor or other officer of the
town, and shall within the town and for two miles outside of the cor-
porate limits thereof exercise all the powers and perform all the duties
that a constable can legally exercise and perform, in making arrests,
collection of claims, serving process, making levies and sales and other-
wise. He shall be entitled to the fee or compensation to which a con-
stable is entitled for such services. He shall collect delinquent taxes
due to said town, and for such purpose shall have such power and
authority as are by law given to tax collecting officers of the county of
Rockingham. His compensation as such tax collector shall be fixed
by the common council.

Section 15. Duties of treasurer.—Treasurer of said town shall
receive all moneys belonging or due to the said town, and keep his
office in some convenient place in the town. He shall keep his books
and accounts in good order, and they shall be subject to inspection by
the mayor or any member of the common council. He shall annually
at the end of each fiscal year, and oftener if required by the council,
report to the council a full and detailed statement of all receipts and
disbursements during the preceding year, and the state of the treasury.
He shall keep a record of all warrants, their dates, amount, the fund
from which paid, and to whom paid, and when, which record and paid
warrants shall at all times be open to inspection by the council or any
member thereof. He shall collect all taxes and assessments and
licenses levied by the council, and be invested with the powers and
subject to the liability prescribed by the law of this State as to county
treasurers. He shall perform such other duties as may be required
by said common council. He may appoint one or more deputies to
aid him in his duties, and take from such deputy such bond with se-
curity as may seem necessary. He shall keep all moneys received
from any special assessment in a special fund to be applied to the pay-
ment, and of that only, of the debt or object for which the assessment
was made. He shall keep the moneys of the town on deposit in such
bank as the town council may direct, and said deposit shall be separate
and distinct from his individual funds. He shall not pay out any
funds of the town except upon a warrant drawn by the recorder and
countersigned by the mayor, and after the town council has auth-
orized the issuements of such warrant. He shall execute a bond as
may be required by the common council for the faithful discharge of
his duties as treasurer.

Section 15. Compensation or salary of the treasurer shall be fixed
by the common council, and not in excess of the amount, if any, pro-
vided by the general law of the State for treasurers of towns under five
thousand population.

Section 16. Duties of the assessor.—He shall perform all the
duties in relation to the assessment of property in said town for pur-
poses of taxation as may be required by the general law of the State,
or ordered by the town council. He shall give bond with surety, and
such amount as the council may determine. He shall keep records,
such books, schedules, and other papers as may be necessary for the
proper discharge of his duties, and which shall be supplied by the said
town.

Section 17. The council shall cause to be made up annually, and
entered upon its journal an accurate estimate of all sums of money
which are or may become lawfully chargeable on said city, and which
ought to be paid in one year; the said council shall order a town levy
of so much money as in its discretion shall be sufficient to meet all just
demands against the corporation, such levy not to exceed the rate pro-
vided by law.

Section 18. The levy so made shall be laid on all persons who are
residents of said town over twenty-one years of age, upon dogs, and
upon all personal and real estate within said town, except such persons,
personal and real estate as are exempt from taxation under the laws
of this State, and also upon all other such subjects within said city as
may at the time be assessed with State taxes; provided, however, that
the tax on real estate and personal property, including choses in action,
shall not exceed in any one year one dollar and fifty cents on every
hundred dollars value thereof; and provided, also, that lands while
used for agricultural or grazing purposes included in this charter, at
the time they are taxed, may be assessed for incorporation purposes
at a lower rate.

Section 19. License taxes may be imposed by ordinance on busi-
nesses, trades, professions, and callings and upon the persons, firms,
associations and corporations, engaged therein and the agent thereof,
except in cases where taxation by the localities shall be prohibited by
the general law of the State, and nothing herein shall be construed to
repeal, or amend any general law with respect to taxation.

And said council may also grant or refuse license to owners or
keepers of wagons, drays, carts, hacks, and other wheeled vehicles
kept or employed in said town for hire or as carriers for the public,
may prescribe a schedule of charges for their services, and may require
the owners of such wagons, drays, carts, and so forth, using them in
the city, to take out a license therefor, and require taxes to be paid
thereon, and subject same to such other regulations as they may deem
proper.

Section 20. The revenue from these and other sources shall be
collected, paid over, and accounted for at such times and to such per-
sons as the council shall order, and pursuant to such ordinance as now
exists or may hereafter be passed by the council. ‘The town treasurer
shall be the custodian of all the funds of the town.

Section 21. All rights, privileges and properties of the town of
Elkton heretofore acquired and possessed, owned and enjoyed by an
act now in force, not in conflict with this act, shall continue undimin-
ished and remain vested in said town under this act; and all laws,
ordinances and resolutions of the said town now in force, and not in-
consistent with this act, shall be and continue in full force and effect
in the said town until regularly repealed.

Section 22. Whenever any street, alley, or lane in said town shall
be opened to and used as such by the public for the period of five years
unless notice of a contrary intention on the part of the land-owner be
given in writing to the mayor of the town, the same shall thereby be-
come a street, alley, or lane for public purposes, and the council shall
have the same authority and jurisdiction over and rights and interest
therein as they have by law over the other streets, alleys, and lanes
laid out by them; and any street or alley reserved in the division of
sub-division into lots of any portion of the territory within the cor-
porate limits of said town by a plat or plan of record shall be deemed
and held to be dedicated to public use, unless it appears by said record
that the street or alley so reserved is designed for private use; but upon
a petition of a majority of the persons interested therein the council
shall have the power to open the same for the use of the public.
Section 23. Whenever any new street shall be laid out, a street
graded or paved, a culvert built, or any other public improvement
whatsoever made, the council shall determine what portion, if any, of
the expense thereof shall be paid out of the town treasury and what
portion by the owner of the real estate benefited thereby, and may
order and direct that the whole expense be assessed upon the owners
of real estate benefited thereby. But no such public improvement
shall be made, to be defrayed in whole or in part by local assessments
until first requested by a petition signed by the owners of at least
three-fourths in value of property to be assessed for such improve-
ments, or unless three-fourths of all the council shall concur in voting
any improvements to be expedient, or in determining to make the
same, in which case no petition or request shall be necessary. The
council shall have the same power to collect such local assessments
for improvements as are hereby vested in them for the collection of
taxes, except that said assessment shall not be a personal debt of the
owner of the property, but only a lien on the real estate hereinafter
provided. Whenever such local assessments are levied by the council
the recorder shall enter in a book, to be provided by the town and kept
in his office, the name of the owner of said property, a description of
the property, the amount of such assessment, the date of the assess-
ment and the time when the same is payable, and such entry, when so
made and properly indexed in the name of the owner, shall be notice
to all parties, and especially to purchasers from said owners, of the
lien of the town upon said property for the amount of such assessment
from the time said list is recorded by the county clerk in a book kept
for the purpose in the clerk’s office of the county court of Rockingham
county, which book, and the fees for recording the list in the same,
shall be paid for by the town of Elkton, which lien may be enforced
by bill in equity in the circuit court of the town of Rockingham.

Section 24, All acts and parts of acts inconsistent with this act
are hereby repealed.