Chap. 218.—An ACT to provide a new charter for the town of Stony Creek,
in the county of Sussex, and to repeal all acts or parts of acts in conflict
herewith, and to declare all contracts and obligations heretofore or hereafter
made by the council and government of the town of Stony Creek and all
powers heretofore or hereafter exercised by them, while in office, to be legal
and valid. [S B 160]

Approved March 22, 1930

1. Be it enacted by the general assembly of Virginia, That all

contracts and obligations of the town of Stony Creek, Sussex county,
heretofore and hereafter made by the present council and government
by them while in office, and former councils in the corporate name of
the council of the town of Stony Creek not inconsistent with this char-
ter and the general laws and Constitution of the State shall be, and
are hereby declared to be valid and legal.

Section 1. That the inhabitants of the territory in the county of
Sussex contained within the boundaries prescribed and defined in the
section immediately following, be, and they are hereby declared to be,
a body, politic and corporate, in fact and in name, under the name and
style of the town of Stony Creek; and as such shall have and exercise
all of the powers conferred by, and be subject to all the laws of the
State of Virginia now in force or that may be hereafter enacted for
the government of towns, so far as the same are not inconsistent with
the provisions of this act.

CHAPTER 1—CORPORATE BOUNDARIES

Section 2. The territory contained within the limits of the said
town shall be as follows, to-wit: Starting at a point on Stony creek
at Cobb’s mill dam, running thence north forty-seven degrees east to
a point in the center of the east track of the Atlantic Coast Line rail-
road where the Halifax road crosses the track; thence south twenty-
nine degrees east to the ford on Stony creek; thence south along said
creek to a tree at the bend of the creek; thence south thirty-seven de-
grees, thirty inches east along the east side of the Halifax road keeping
the same bearing across said road to a sweet gum tree in the edge of
the field, the tree being marked by four chops; thence south seventy-
nine degrees west to the east end of the south pier of a small bridge on
the Atlantic Coast Line railroad; thence north fifty-two degrees, thirty
inches west to a gum tree on the west side of the Flatfoot road, the
tree being marked by four chops; thence by a straight line to the point
of beginning.

Section 3. The said town shall be comprised of one ward which
shall include all of the area within the corporate limits hereinabove
specified, or may hereafter be enlarged, diminished or altered, in the
manner prescribed by law.

Section 4. All persons residing within the boundaries hereinbe-
fore specified as the town of Stony ‘Creek shall be residents of the said
town of Stony Creek; and all persons twenty-one years of age or more
who have been continuously residing in the said town of Stony Creek
for thirty days or more shall be qualified to register and vote in the
said town of Stony Creek, provided, however, that such person is other-
wise qualified to vote under the laws of the State of Virginia and
county of Sussex.

CHAPTER 2—GOVERNMENT

Section 5. The government of the town of Stony Creek shall be
vested in a mayor and council.
Section 6. The municipal officers of the said town shall consis
of a mayor, six councilmen, a treasurer, a sergeant.

Section 7. The mayor and councilmen shall be elected by the
qualified voters of the town of Stony Creek, on the second Tuesday it
June, nineteen hundred and thirty, for a term of four years and every
four years thereafter, and their term of office shall begin on the firs
day of September next ensuing, and they shall hold office until thei
successors shall have qualified.

Section 8. No persons shall be eligible to hold an elective office
unless he or she is a duly qualified voter of the said town.

Section 9. The elective officers of the said town shall be filled by
the qualified voters voting thereof at large.

Section 10. The qualified voters shall register in the said towr
with the town recorder, who for all such purposes shall be the town
registrar, before whom all persons not now qualified to vote in the said
town must first register and whose duties as such registrar shall be the
same as the duties and powers of the several registrars of the county
of Sussex.

Section 11. The said registrar shall also cause to be posted in
three or more public places in the said town of Stony Creek notices, at
least ten days before any election, stating the date and place the polls
will be open for the said election.

Section 12. The council may also appoint such other officers,
agents, and employees as may be necessary to conduct the business of
the town, fix their compensation and prescribe their duties, and may
appoint such committees of the council, and create such boards and
departments of town government and administration with such duties
and powers and subject to such regulations as it may see fit, consistent
with the provisions of this act. The terms of all officers, agents, and
employees appointed or employed by the council, unless sooner re-
moved from office, as provided for herein, shall expire with the council.

Section 13. The council may also appoint a sergeant, whose
duties shall be as hereinafter prescribed, and may also appoint a town
attorney, whose term of office shall be four years, or at the pleasure
of the said council, and may also appoint a town recorder, whose duties
shall be as hereinafter prescribed, and shall also appoint a treasurer,
whose duties shall be as hereinafter prescribed, who shall serve at the
sleasure of the council.

Section 14. All officers, agents, attorneys, sergeants and employees
ippointed by the council of the town may be removed at its pleasure,
ind the duties and compensation of such officers, agents, attorneys,
ergeants and employees shall be fixed by the council and the said
council may require of any of them so appointed bonds with sureties
n proper penalty, payable to the town in its corporate name, with pro-
isions for the faithful performance of said duties, and the town in its
ame and for its benefit shall have the same remedies in the event of
lefault on any bond so given as the State has in like cases.
CHAPTER 3-—OATH OF MAYOR, COUNCILMEN, AND SO FORTH

Section 15. The mayor, and the town sergeant shall take the oath,
prescribed by law for all State officers, and the councilmen and all
sther officers shall take an oath faithfully to execute the duties of
their respective offices to the best of their judgment.

Section 16. The court or person administering the oaths required
by the preceding section shall make duplicate certificates of the oaths
taken by the mayor, and town sergeant, and the person taking the same
shall deliver the certificates to the clerk of the council, who shall file
all of the certificates among the records of the said town, and shall de-
liver the copy of the oath of the mayor and town sergeant to the clerk
of the circuit court of Sussex county, to be by him filed and preserved.

Section 17. If any person elected or appointed to any office in the
said town shall neglect to take such oath on or before thirty days prior
to the date on which he is to enter upon the discharge of the duties
of his office, and fail to file such bond with surety as may be required
of him by the council of the said town on or before entering upon the
discharge of his duties, he shall be considered as having declined said
office, and the same shall be deemed vacant, and such vacancy be filled
as prescribed in this charter or by the general laws of this State.

CHAPTER 4—RECORDS, BOOKS, AND SO FORTH

Section 18. If any person having been an officer, agent, or em-
ployee of the said town shall not within ten days after he shall have
vacated, or been removed from office, and upon notification or request
of the clerk of the council, or within such time thereafter as the coun-
cil may allow, deliver over to his successor in office, or the clerk of
the council 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 to the town the sum not exceeding five hundred
dollars, to be sued for and recovered by the said town, with costs; and
all books, records and documents used in any office by virtue of any
provision of this act, or any ordinance or order. of the town cotncil or
any superior officer of said town, shall be deemed the property of said
town, appertaining to said office, and the chief officer thereof shall be
held responsible therefor. And all records of the said town shall be
kept in the town safe, or such other place as the town council may
by its order direct.

CHAPTER 5—-MAYOR

Section 19. The mayor shall be elected by the qualified voters of
the town for a term of four years.

Section 20. His salary shall be fixed by the town council and
shall not diminish during his term of office.

Section 21. The mayor shall by virtue of his office possess all the
power, authority and jurisdiction of a justice of the peace in civil anc
criminal matters within the said town. All fees allowed the mayot
under the general laws of this State for the issuance of warrants, tria.
1930] ACTS OF ASSEMBLY 577

of cases, et cetera, shall be collected as other costs are collected and
turned into the treasury of the town.

Section 22. The mayor shall be the chief executive officer of the
town. He shall have power to try all prosecutions, cases and con-
troversies which arise under the by-laws and ordinances of the town.
and inflict such punishment and grant such judgments, as are provided
by law, provisions of this chapter or by-laws and ordinances of the
town.

Section 23. He may impose fines and inflict punishment when
and wherever they are authorized by ordinance, or general law; issue
executions for the collection of fines, and may upon failure of the of-
fender to pay the fine or penalty recovered with cost, order the of-
fender to be confined in the jail of Sussex county or the prison of the
said town. To compel persons sentenced to confinement in jail for
petty larceny, or other misdemeanor, or other violations of town ordi-
nances, to work on the public streets, alleys, public works, or other
public property of the said town.

Section 24. Appeals may be taken to the circuit court of Sussex
county from the decision of the mayor, in both civil and criminal mat-
ters, 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 in
like cases, except that no appeal shall be granted from a decision im-
posing a fine for violation of any of the ordinances of the said town.
for offenses not made criminal by the common law of the statutes of
Virginia, until and after bond be given by the person so fined with
security approved conditioned 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 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, and the costs of the appeal, and execution shall
issue thereon in the name of the town against both principal and surety.

Section 25. The mayor shall see that the by-laws and ordinances
of the town are fully executed and enforced and shall preside over
the meetings of the town council, voting only in case of a tie.

section 26. 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, if not, he may return it to the clerk of
the council with his objection, or objections, and the council shall enter
the same at length on its journal and proceed to re-consider it. If
after such re-consideration, five sixths of all the members elected to
the council shall agree to pass the ordinance or resolution it shall become
operative, notwithstanding the objection of the mayor. If any ordi-
nance or resolution shall not be returned within five days ( Sunday
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, and in
hat event, on the day on which such term of office expires. The mayor
shall have the power to veto any particular item or items of any apnro-
priation ordinance or resolution, in like manner, but such veto shall
not affect any item or items to which he does not object. The item or
items objected to shall not take effect except in the manner provided in
this section as to ordinance or resolutions not approved by the mayor.

Section 27. The mayor shall see that the duties of the various town
officers, agents, employees, members of the police force, and fire de-
partment, whether elected, or appointed, are faithfully performd. He
shall have power to investigate their accounts, have access to all their
books and documents in their office, and may examine them or their
subordinates on oath, but the evidence given by persons so examined
shall not be used against them in any criminal proceeding.

Section 28. The mayor shall have power to suspend any municipal
officer, agent or employee, other than the councilmen and treasurer,
whether elected by the people or appointed by the council, or any ap-
pointed power designated by the council, for misconduct in office, in-
efficiency or neglect of duty, to be specified in the order of suspension.

Section 29. On any suspension of any officer in the preceding
section, the mayor shall report the same to the town council at their
next stated meeting for their consideration, but in no case shall any
such suspension be binding until ratified by the council by a five-sixths
vote of all the members elected thereto, after reasonable notice to the
person complained of, and an opportunity be afforded him to be heard
in his defense.

Section 30. The mayor shall communicate to the town council
annually 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 improvement, with such
recommendation as he may deem proper, and may from time to time
communicate with the council such suggestion and recommendation as
he shall deem proper.

Section 31. In case of the absence, illness or inability of the
mayor, the president pro tempore, who shall be chosen by the majority
of the council at its first meeting in September for a term of four
years, or in his absence or inability, some other member of the council
chosen by the majority of the council present at a regular meeting, shall
possess the same power and discharge the municipal duties of the
mayor during such absence, illness or inability; and when so dis-
charging the municipal duties of the mayor during his absence, illness
or inability, the said president pro tempore, or in the case of his in-
ability, the other member of the council so chosen for the purpose,
shall receive a reasonable compensation to be fixed and allowed by the
town council.

Section 32. In case a vacancy shall occur in the office of mayor,
the vacancy shall be filled by appointment by the town council of any
one eligible to such office.

Section 33. The mayor shall have the power to call a meeting of
the council whenever he deems it necessary, and in case of the ab-
sence, inability, or refusal of the mayor, the council may be convened
by the order of any two members thereof.
Section 34. The mayor, or other person acting in the capacity of
mayor under the provisions of this charter, shall not be required to
issue warrants for the arrest of persons charged with a violation of any
town ordinance. He may admit anyone charged with a violation of
any ordinance to bail before trial.

CHAPTER 6—COUNCIL

Section 35. The town council, in addition to the mayor, shall be
composed of six members, and they shall be elected by popular vote of
the qualified electors of the town.

Section 36. The town council shall by ordinance fix the time
of their stated meetings, and they shall meet at least once a month, and
no business shall be transacted at a special meeting thereof, except
that for which it shall be called, unless all members of the council be
present.

Section 37. Three members of the council shall constitute a quo-
rum for the transaction of business. No vote shall be reconsidered or
rescinded at a special meeting unless at such meeting there be as many
members of the council present as were present when such vote was
taken.

section 38. The meetings of the council shall be presided over by
the mayor, or in his absence or inability to act, the president pro
tempore, or in his absence, or inability, some other member of the
council chosen by a majority of that body.

Section 39. The meetings of the town council shall be open to the
public except when a recorded vote of five-sixths of those members
present shall declare that the public welfare requires secrecy.

Section 40. The town council shall have authority to adopt rules
for the regulation of their proceedings, and appointments of such of-
ficers, agents, committees, and employees as they may deem proper;
to compel the attendance of absent members; to punish its members for
disorderly behavior.

Section 41. A journal or minute book shall be kept of the pro-
ceedings of the town council, and, at the request of any member pres-
ent, 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.

Section 42. The clerk of the council shall keep the said journal
and shall record the proceedings of the council at large thereon, and
keep the same properly indexed; and the clerk of the council shall be
known as the town recorder.

Section 43. The town council shall judge of the election, qualifi-
cation and returns of its members. |

section 44. The regular attendance of all members elected to the
council is desirable, and in the event a member so elected to the said
council is absent, without good cause, from any regular or stated meet-
ings, five times in succession, his seat shall automatically become va-
cant, and shall be filled as hereinafter provided.

Section 45. All vacancies occurring from any cause whatever in
the office of mayor, or any other office, whether filled by appointments
or by election, shall be filled for the unexpired term by the council.

Section 46. The council shall have power to suspend and remove
all officers and employees, appointed, for misfeasance, malfeasance, in-
efficiency, or neglect of duty, to be specified in the order of suspension
or removal, but no such removal shall be made without reasonable
notice given to the person so suspended, or removed, and an oppor-
tunity afforded for a defense thereto; and no removal of any town
officer, agent or employee shall be final until the same shall be ratified
by a five-sixths vote of the town council; and the town council may
in like manner act upon and remove any officer, agent or employee who
has been suspended by the mayor.

Section 47. The town council shall have all powers and authority
that is now or may hereafter be granted to 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 exer-
cise of any power and authority granted by the general laws of this
State to town councils, but not herein specified.

Section 48. And the said council shall have power to enact ordi-
nances providing for the exercises within its jurisdiction of all police
powers which the State itself may exercise under the circumstances,
except such as may be specifically denied towns by the acts of the gen-
eral assembly.

Section 49. And it shall have the further power to control and
manage the fiscal and municipal affairs of the town and all property,
real and personal, belonging to the said town, and may make such ordi-
nances, orders and resolutions relating to the same as it may deem
proper and necessary. And it shall have the further power:

First. To purchase, hold, sell and convey all real and personal
property within or without the corporate limits necessary for its uses
and purposes.

Second. To acquire by purchase, condemnation or otherwise, or
to construct or lease and operate its own plant, factory and equipment
for supplying its inhabitants, streets, grounds and buildings with water,
light, power, fuel and sewerage, and to that end it may acquire by pur-
chase or lease any plant existing in or near the town and may acquire
lands and franchise outside of the limits of the said town, and may by
purchase condemnation or otherwise, acquire easements and right of
way.

Third. To purchase, condemn, or otherwise acquire one or more
locations for a site for fire engine houses, stables, town building, parks,
playgrounds, cemeteries, and for all municipal uses and purposes, with-
in or without the town.

Fourth. To close, extend, widen, or narrow, straighten, lay out,
graduate, curb and pave, and otherwise improve the streets, sidewalks,
roads and public alleys in the town, and to have them kept in good order
and properly lighted, and may make assessments against abutting prop-
erty owners in accordance with the provisions of section one hundred
and seventy of the Constitution of Virginia, and make such item a lien
upon their real estate, and collectible in the same manner as is herein
provided, and also as provided by the general law for the State for the
collection of taxes generally, and over any street or alley in the town
which has been or may be ceded to the said town or conveyed to the
town by proper deed, they shall have like power and authority as over
other streets and alleys. They may build bridges over and culverts
under the streets or alleys, and may prevent and remove any struc-
ture, obstruction or encroachment over or under or in any street, side-
walk or alley in the said town, and may permit shade trees to be planted
along said streets, also cut down and remove or require to be taken
down and removed, any shade trees upon any of the streets and alleys
of the said town which may be a menace to the public health or satety ;
but no company, firm, corporation or individual shall occupy with its
or his works or appurtenances thereof the streets, sidewalks and alleys
of the town, without the consent of the council duly entered of record,
and whenever in the construction of any sewer, conduit or public
improvements, it is necessary that the same shall run through or under
private property, the council shall have authority to contract and agree
with the owners thereof for the use and purchase of the right-of-way
or other easement, in, through, or under the same condemned according
to law.

Fifth. To require the owners of real estate abutting upon paved
or granolithic sidewalks to remove the snow therefrom, to prevent
skating or riding of bicycles thereon, and of all other improper uses
thereof, and to punish such violation by fine.

Sixth. To prevent the cumbering of streets, sidewalks, alleys,
roads, lanes, avenues, or bridges in the town in any manner whatso-
ever, and to have full and complete control thereof.

Seventh. To determine, restrain and regulate the use and speed of
bicycles, motorcycles, traction engines, locomotives, engines, cars, auto-
mobiles, and all other vehicles upon the said streets, roads and alleys
of the said town; or regulate the speed of locomotives or trains, and
require flagmen at dangerous railroad crossings within the town.

Eighth. To secure the inhabitants of the said town from conta-
gious, infectious, or other dangerous diseases; to establish, erect and
regulate hospitals within or without the said town, and to prescribe
all proper quarantine regulation; to provide for and enforce the re-
moval of patients suffering from any such disease, to the said hospitals ;
to appoint and regulate a board of health for the said town, prescribe
its duties and invest said board with police authority and with full
power for the prompt and efficient performance of its duties.

Ninth. To require and compel the abatement of all nuisances and
the removal thereof within the town at the expense of the person or
persons causing the same, or the owner or owners of the ground where-
upon the same may be.
Tenth. ‘To require and compel the owners of the houses to con-
nect their water closets and water drains with the sewers of the town,
or otherwise comply with such regulations as to sewers and nuisances
as the council may prescribe, and upon failure so to do the same may
be done by the town, by entering upon the premises, if necessary, and
the cost attending same shall be collected from the owner and occupant
of such houses, as taxes are herein in this charter allowed to be col-
lected by the town.

Eleventh. To direct the location of all buildings for storing gun-
powder, fire crackers, or other works manufactured or prepared there-
from, kerosene oil, nitroglycerine, camphene, burning fluid, or other
combustible material; to regulate and restrain the exhibition and use
of fire works. fire crackers, and discharge of frre arms, the use of
candles or lights in barns, stables, and other buildings; and to regulate
and restrain the making of bonfires in the streets, alleys, roads and
premises of the said town.

Twelfth. To prevent horses, cattle, hogs, cats, chickens and all
other poultry and animals from running at large in the said town, and
may subject the same to confiscation, regulation and taxes as may be
deemed proper, and the town council may prohibit the raising and
keeping of hogs in the town or in any part thereof, or if permitted,
may regulate the same.

Thirteenth. To prevent the riding and driving of horses or animals
at an improper speed, throwing stones or missiles or engaging in any
employment or sports on the streets, sidewalks, roads or public alleys
dangerous to or annoying to pedestrians, and to prohibit and punish
cruel treatment of horses and other animals in the said town.

Fourteenth. To protect the person and property of the inhabitants
of the town and others within the town, to restrain and punish drunk-
ards, vagrants, idlers, and street beggars, to prevent vice and immor-
ality, obscenity, profanity, abusive language, and gambling, to preserve
peace and good order; to prevent and quell riots, disturbances and dis-
orderly assemblage; to suppress houses of ill-fame and gambling houses ;
to prevent lewd, indecent and disorderly conduct, or exhibits in the said
town, and to expel therefrom persons guilty of such conduct; to pre-
vent the coming into the town of persons having no ostensible means
of support and persons who may be dangerous to the peace and safety
of the town and compel such person to leave the town.

Fifteenth. To make and enforce ordinances to secure the safe
and expeditious use of streets, roads, and alleys of the said town; to
regulate all manner of traffic thereon, and parking thereon and for the
protection of persons and property thereon or near thereto.

Sixteenth. To establish and maintain, parks, playgrounds, and
boulevards, and cause the same to be laid out, equipped and beauti-
fied to give names to or alter the names of streets and numbers for the
buildings thereon, and fix building lines.

Seventeenth. To lay off public grounds and provide, acquire,
erect, and keep in order all buildings and other property, proper for
the town.
1930] ACTS OF ASSEMBLY 58:

Eighteenth. To prohibit and punish for mischievous, wanton o
malicious damage to school and public property, as well as privat
property.

Nineteenth. To prohibit and punish minors from frequenting
playing in or loitering in any public pool room, billiard parlor or tet
pin alley and to punish any proprietor or agent thereof for permit
ting same.

Lwentieth. To prohibit and punish the dumping of refuse, wastes
garbage, and dead animals and fowls within the town, and to restric
the dumping of garbage to such places as the council may designate
and to punish all who fail to comply with such rules and regulations
as to garbage disposal. |

Twenty-first. To provide a prison house and work house and em-
ploy managers, physicians, nurses and servants for the same, and pre-
scribe regulations for the government and discipline of persons therein.

Twenty-second. To authorize and regulate the erection of party
walls and fences and prescribe how the cost thereof shall be borne by
coterminous owners; and to prohibit and punish trespassing upon pri-
vate property within the town.

Twenty-third. To regulate and control auction sales, livery stables,
garages, barber shops, slaughter houses, soap factories, theatrical per-
formances or other public shows or exhibitions; the hiring or use for
pay of carriages, carts, wagons and drays, and the business of hawkers.
peddlers, persons selling goods by sample, persons keeping billiard
tables, ten pin alleys and pistol galleries for profit and all other similar
businesses, occupations and employment, and as to such trades, occu-
pations and employments and of any other of like nature, or not, may
grant or refuse license as it may deem proper; and to regulate and
control the keeping open of automobile garages, service stations and
drug stores, on the Sabbath.

Twenty-fourth. To compel persons sentenced to confinement in
jail for petty larceny, or other misdemeanor, or other violation of
town ordinances to work on the public streets, alleys, public work or
property of the said town.

Twenty-fifth. To provide for the regular and safe construction
of houses in the town for the future, to require the standard of all
dwelling houses be maintained in residential section in keeping with
the majority of residences therein; and to require the standard of all
business houses be maintained in business sections in keeping with the
majority of the business houses therein.

T'wenty-sixth. To designate and prescribe from time to time, the
part of the town within which no buildings of wood shall be erected,
and to regulate the construction of buildings in the town, so as to pro-
ect it against danger of fire; to remove or require to be removed any
suilding, structure or addition thereto, which by reason of dilapidation,
lefect of structure, fire or other cause is or may become dangerous
o life or property, and also refuse a permit to repair any such build-
ng or structure. |
Twenty-seventh. To prevent or prohibit injury or annoyance, O}
inything dangerous, offensive or unhealthy.

Twenty-eighth. To provide by regular ordinances what are nui-
ances: to cause the abatement of any nuisance, so declared to be by
he general laws of this State, or the regular ordinance of the town.

Twenty-ninth. To inspect, test, measure and weigh any commo-
lity or article of consumption for use within the town, and to estab-
lish, regulate, license, and inspect weights, meters, measures, and scales.

Thirtieth. To provide in or near the town lands to be used as
burial places for the dead; to improve and care for the same and the
approaches thereto, and to charge for and regulate the use of ground
therein, and to provide for the perpetual upkeep and care of any plot
or burial lot therein, the town is authorized to take and receive sums
of money by gift, bequest, or otherwise, to be kept invested and the
‘come thereof used in and about the perpetual upkeep and care of the
said lot or plot, for which the said donation, gift, or bequest shall have
been made.

Thirty-first. To offer and pay rewards for the apprehension of
criminals.

Thirty-second. To control, regulate, limit and restrict the operation
of motor vehicles carrying passengers for hire, upon the streets and
alleys of the town, to require a bond with satisfactory surety thereon
of the owner of every motor vehicle so used, conditioned to satisfy all
damages caused to any person, or property, in the negligent operation
of such motor vehicle, or adequate insurance, to require the annual
registration of each and every motor vehicle so used and a license tax
to be paid thereon, to require all drivers of such motor vehicles, whether
owners or not, to obtain permits from the mayor and council before
operating any such motor vehicle carrying passengers for hire upon
the said streets and alleys, to refuse permits to so operate any motor
vehicle to any person who is not of good character, reputation, physi-
cally fit, capable, competent, of sufficient age and discretion, or who is
addicted to the use of intoxicating liquors or narcotics, to revoke any
permit issued to any person for good cause and after a hearing thereon ;
or, a franchise may be granted for the transportation of passengers
by motor vehicles for hire upon the said streets and alleys, to be adver-
tised and sold as provided for by the Constitution and the laws of this
State, subject nevertheless to such rules, regulations, restrictions, and
limitations and upon such conditions, not in conflict with the Constt-
tution, as the council may determine. But nothing in this section shall
be construed to be in conflict with the general State law on moto!
vehicle carriers. ,

Thirty-third. To pass all resolutions and ordinances not repugnant
to the Constitution and the laws of the State, or in conflict with this
act, which it may deem necessary for the good order and government
of the said town, the management of its property, the conduct of it:
affairs, the peace, comfort, convenience, order, morals, health and pro
tection of its citizens or of their property, and do such other things anc
pass such other laws as may be necessary or proper to carry into ful
effect any power, authority, capacity, or jurisdiction, which is or shall
be granted to or vested in the said town or in the council, or the officers
thereof, or which may be necessarily incident to a municipal corpo-
ration.

CHAPTER 7—USE OF STREETS, ET CETERA

Section 50. No street car, gas, railway, water, steam, or electric
heating, electric light, or power company, compressed air, viaduct,
conduit, telegraph, telephone, or bridge company, firm, or corporation,
association, persons or partnership, engaged in these or like enter-
prises shall be permitted to use the streets, roads, alleys or public
grounds of the town without the previous consent of the corporate
authority of the town.

Section 51. No person or corporation shall occupy or use any of
the streets, avenues, parks, bridges, boulevards, alleys or any other
public place or public property of the town, or any public easement
of the town of any description in a manner not permitted to the
general public, 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 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 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.

Section 52. In every case when a street of said town has been,
or shall be encroached upon by any fence, building, porch, projections
or otherwise, the town council may require the owner if known, or if
unknown, the occupant, to remove the same, and if such removal be
not made within the time prescribed by the council they may impose
a penalty of not exceeding twenty-five dollars for each and every day
it is allowed to continue thereafter, and may cause the encroachment
to be removed and collect from the owner, or if the owner be unknown,
from the occupant of the premises, a reasonable charge therefor, with
costs, by the same procedure as they are hereinafter empowered to col-
lect taxes. No encroachment upon any street of the said town, how-
ever long, the same shall have been or may be continued, shall con-
stitute an adverse possession to, or confer any rights upon the person
claiming thereunder, as against the town.

Section 52%. The town council may pass such ordinances as it
deems proper for the segregation of races and as well, business, manu-
facturing and residential districts.

CHAPTER 8—POLICE

Section 53. The town council shall have the power and authority
to appoint a sergeant, and watchman, and such additional police officers

ae at mana Alaa HA RASGeSae AS HeRmAe
Section 54. The town council shall prescribe rules and regulations
for the government of the police department, prescribe uniforms and
badges of the officers therefor, and fix their rate of pay, and in addition
thereto, the mayor, or in his absence, the president pro tempore of the
council or in the absence of both, any councilman shall have the power
and authority whenever the regular police force of the town is, in the
judgment of such person deemed 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 the same com-
pensation per day paid regular police officers of the regular police
force. ‘The duties and powers of such special policemen shall be the
same as that of a private on the regular police force.

Section 55. 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 ordinance of the town. They shall also perform such
other duties as the council may prescribe. For the purpose of enab-
ling them to execute their duties and powers, any policeman is hereby
made a conservator of the peace, and endowed with all the powers of
the 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.

Section 56. The officers and privates of the police force of the
town shall be vested with all the powers 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 respectively; and it shall
be the duty of each and every one of such policemen ‘to use his best
endeavor to prevent the commitment 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, ordi-
nances, and regulations, to detect and arrest offenders against the
same, to preserve the good order of the town and secure the inhabitants
thereof from violence, and the property therein from injury.

Section 57. The policemen of the town other than the sergeant
shall have no power or authority in civil matters, but they shall in all
other cases execute such warrants or summons as may be placed in
their hands by the mayor of the said town, or properly constituted
authority, and shall make due return thereof.

CHAPTER 9—FiIRE DEPARTMENT

Section 58. The town council shall have the power and authority
to establish and maintain a fire department for the town, and all
powers necessary for the government, management, maintenance, equip-
ment, 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 of fires, the construction of flues,
chimneys, and stove pipes, and the extinguishment of fires; for the
regulation of the conduct of persons in attendance at fires; in relation
to the powers and duties of the officers and men of the fire department ;
to require citizens to render assistance to the fire department in case
of need; and in relation to the acquisition, use, maintenance, and pre-
servation of real estate, personal property, fire apparatus and equip-
ment necessary or proper for the use of the fire department.

Section 59. The town council may in their discretion authorize
or require the fire department to render aid in case of fire occurring
beyond the limits of the town, and may prescribe the conditions under
which aid may be rendered.

CHAPTER 10—DEDICATION OF STREETS, AND SO FORTIT

Section 60. All streets, cross-streets, roadways, alleys, avenues
and walkways which have already been laid off and opened according
to plats of the several subdivisions of the town as now constituted,
which have been or may hereafter be accepted by the town council, not
heretofore changed, closed, or altered by the municipal authorities,
and all streets, cross-streets, avenues and alleys, lanes and walkways
which have heretofore been opened and used as such or which may at
any time be located, surveyed and opened in the 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, avenues, lanes and
walkways of the town.

Section 61. Any street, alley, avenue or walkway heretofore or
hereafter reserved or laid out in the division or subdivision into lots
of any portion of the territory within the corporate limits of the town
as now constituted by a plan or plat of record, not altered, closed,
or vacated by the municipal authorities, or otherwise as provided by
law, shall be deemed and held to be dedicated to public use as and for a
public street, avenue, alley or walkway, as the case may be, of the
town, unless it appears by the said record that the street, avenue, alley
or walkway so reserved is designated for private use, and whenever
any street, alley, avenue, walkway or lane in the town shall have been
opened and used as such by the public for a period of five years, the
same shall thereby become a street, alley, avenue, walkway, or lane
for public use, unless notice of the contrary intention on the part of
the landowner 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, avenues, walkways and lanes laid out by them; and
all streets, avenues, alleys and walkways hereafter laid out in the divi-
sion or subdivision into lots of any portion of the territory within
the corporate limits of the town shall be made to conform to existing
streets, avenues, alleys and walkways, both in width and their courses
and direction.

Section 62. The town shall repair, maintain and keep in good order
the public streets and roads within the corporate limits of the town,
and if the said town so keeps in order, repairs and maintains the pub-
lic roads and streets, within said corporate limits, no road tax shall be
levied therein by the county of Sussex, or any subdivision thereof ;
and the inhabitants of the town and all taxable property, personal and
real, within the corporate limits of the town shall be exempt from all
assessment and levies imposed by the authorities of the county of
Sussex or other subdivision thereof, for construction, repair, or main-
tenance of roads lying outside of the corporate limit of the said town.

CHAPTER 11—TREASURER

Section 63. The treasurer of the said town shall be appointed by
the council for a term of four years, who shall serve at the pleasure
of the council, and shall collect and receive all money belonging to the
town, and shall perform such other duties as are prescribed by the
council. He shall keep his office at some convenient place in the town,
provided by the town council. He shall keep his books and accounts
in such manner as the town council may prescribe, and such books
and accounts shall always be subject to the inspection of the mayor
and council, or any committee or committees of the council. He shall
receive for his services such compensation, either in fees or salaries,
as the town council may from time to time allow, and when such com-
pensation has been fixed by the council, the same shall not be dimin-
ished during the term of his office.

Section 64. No money shall be paid out by the town treasurer
except by order of the council and upon a warrant of the clerk of the
council, countersigned by the mayor of the council, except as here-
inafter provided.

Section 65. The town treasurer or his deputy, duly appointed by
the council and qualified, or by order of the council of the said town,
the town sergeant, or any other person appointed by the town council,
shall collect all the taxes, revenues and assessments, which may be
levied by the said town council, and for this purpose the said treasurer
or other person appointed by the town council as aforesaid, shall be
vested with power and be subject to liabilities and penalties now pre-
scribed by law in regard to the county treasurers of the State of Vir-
ginia in the levying and collecting of taxes, and said officers or per-
sons appointed as aforesaid to collect said taxes, revenues and assess-
ments, shall have full power to levy on property and sell the same
for the payment of such tax, as the said county treasurers of the State
of Virginia are now empowered by law to do, and such sales shall
be made upon the notice and in such manner as now prescribed by
law in sales of personal property for State taxes; and any person so
appointed shall give bond and receive such compensation as said coun-
cil shall direct.

Section 66. The treasurer shall be required to keep all money in his
hands belonging to the town in such place or places of deposit as the
town council by ordinance may provide or direct.
Section 67. 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, furnishing an itemized statement
of receipts and disbursements for the previous month, and shall an-
nually at the end of each fiscal year publish, either in the newspaper
or by posting in three cr more public places in said town, a statement
showing all the receipts and incomes of the said town and from what
sources, and all disbursements made and for what purpose, a copy of
which said statement shall be filed in the records of the said town.

Section 68. The treasurer shall execute bond with satisfactory
surety payable to the town for the faithful performance of all duties
of his office, and to account for all money coming into his hands.

CHAPTER 12—RECORDER

Section 69. The town recorder shall also be the clerk of the coun-
cil and shall be elected by the council. He shall hold office during the
term of the council or at its pleasure. He shall attend the meetings
of the council and keep a record of its proceedings; he shall have the
custody of the corporate seal; he shall keep all the papers that, by the
provisions of this act, or the direction of the council, are required to
be filed with or kept by him; he shall give notice to all parties pre-
senting communication or petitions to the town council of the final
action of the council on such communication or petition; he shall pub-
lish such reports and ordinances the council is required to publish,
and such other reports and ordinances as it may direct, and shall, in
general, perform such other acts and duties as the council may from
time to time prescribe and require of him. Within the town limits
he shall assess the lands and take the list of personal property for
taxation, and do all other acts and things in connection therewith the
same as, and have the same authority, as the commissioner of the
revenue in Sussex county.

Section 6914. The town recorder shall have the power and autho-
rity to propound interrogatory to any person subject to taxation, and
may use such other evidence as he may be in position to procure, in
making his assessment or taking lists; such interrogatory shall be an-
swered under oath and any applicant refusing to answer such interrog-
atory under oath shall be fined not less than five dollars, nor more
than one hundred dollars, for each offense. It shall be the duty of the
recorder to assess for taxation all persons and property subject to town
taxation, whether the same shall have been omitted from the assess-
ment of the commissioner of revenue for Sussex county or not. AL
books, schedules and records, and papers pertaining to the office oi
assessor shall be open to and subject to the inspection of the mayor
the members of the town council, or any committee thereof, and of the
collector of town taxes. He may use as the basis of his assessment
the assessment made by the commissioner of revenue in Stony Creek
magisterial district, Sussex county. He shall receive for his service:
such compensation as the town council may from time to time direct
CHAPTER 13—SERGEANT

Section 70. 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, and shall fix his compensation, and in all civil and criminal
cases arising under the State laws, the sergeant 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 fees as constables receive in similar cases arising
under the State laws.

Section 71. The town sergeant shall perform the duties, receive
the compensation and be subject to the liabilities prescribed by this act,
the ordinances, by-laws and regulations of the town council, and by
the laws of this State, and also shall have the powers and discharge
the same duties as constables within the corporate limits of the town,
and be subject to the same liability touching all process lawfully di-
rected to him, as constables are subject to under the laws of the State.

Section 72. The sergeant and the police officers of the town shall
have the power to arrest without warrants and carry before the mayor
or other proper authority, to be dealt with according to law, any and
all persons who shall violate any ordinances of the town or law of the
State in their presence, and it shall be their duty to swear out war-
rants of arrest for any person or persons where they have reason
to believe any offense has been committed.

Section 73. The sergeant shall be collector of all fines and penal-
ties imposed for the violation of town ordinances, by-laws, rules and
regulations, and of delinquent town levies, and of all tax tickets de-
clared delinquent by the town council, and allowed the treasurer in his
settlement with the town council, shall be turned over to the sergeant
to collect, and for that purpose he shall have all the power and autho-
rity and be subject to the same liabilities and penalties as are prescribed
for county treasurers in the collection of State taxes and county
levies, and may be proceeded against in the same manner, so far as
applicable.

Section 74. The town sergeant shall pay over to the council of
the town at each monthly meeting all money which comes into his
hands for taxes, or levies, or fines and costs, or any part or parts of any
fines or costs collected by him, together with a written report show-
ing each and every item and the amount so collected and as well any
other items or articles or property coming into his hands belonging to
the town through or by confiscation or otherwise.

Section 75. He shall be required to give bond with satisfactory
surety, payable to the said town for the faithful performance and dis-
charge of all of his duties as sergeant, and to faithfully account for
all money coming into his hands by virtue of his office.

CHAPTER 14—TAXATION

Section 76. For the execution of its powers and duties the coun-
cil may tax all real and personal property in the town not exempt by
law from taxation; not to exceed one dollar and fifty cents per hun.
dred dollars assessed value; all corporations located in the town o'
having their principal office therein and not exempt by law from taxa
tion; all credits due to any person living in the town; all capital o:
persons having a place of business in the town and doing busines:
therein and employed in the said business, though the said busines:
may extend beyond the town, provided that so much of said capita
as is invested in real estate or employed in the manufacture of article:
outside the town limits shall not be taxed as capital; and all stock:
in incorporated joint stock companies, doing business in the town anc
by whomsoever owned and not exempt by law from taxation. Assess:
ment upon stock and bonds shall be according to the market value
thereof. Nothing in this act shall be construed as conflicting with the
general laws of the State providing for the segregation or partial segre.
gation of the subjects of taxation.

Section 77, The council may impose a tax not exceeding one dollat
and fifty cents per annum upon each resident of the town who has
attained the age of twenty-one years, for street purposes.

Section 78. The council may impose a license tax on merchants.
commission merchants, auctioneers, manufacturers, traders, lawyers,
physicians, dentists, brokers, keepers of ordinary, hotel keepers, board-
ing house keepers, keepers of drinking or eating houses, keepers of
livery stables, garages, filling stations, distributors of oils, gasoline
and grease, photographic artists of all kinds, agents of all kinds, ven-
dors of quack medicine, public theatrical or other performances or
shows, soda fountains and distributors of soft drinks, keepers of bil-
liard tables, ten pin alleys, pistol galleries, hawkers, peddlers, sample
merchants, contractors, barber shops, and any other person, firm, corpo-
ration, employment, or trade, whether of like kind with any of the
foregoing or not, which it may deem proper, whether such person,
firm, corporation, business, employment, or trade be herein specifically
enumerated or not, and whether any tax be imposed thereon by the
State or not. As to all such persons, firms, corporations, employments,
or trades, the council may lay a direct tax or may require a license tax
theretor under such regulations as it may prescribe and levy a tax
thereon; and where it is not prohibited by the laws of this State or of
the United States may levy both a direct tax and a license tax, but
the taxes herein authorized shall be subject to the provisions and con-
ditions set forth in this act, but this section shall not render it legal
(o conduct within the town any business, calling, or vocation which
put for this section would be illegal. :

Section 79. The council may subject any person who, without
maving obtained a license therefor, shall do any act or follow any em-
\loyment or business in the town for which a license may be required
oy ordinance, to such fine or penalty as it is authorized to impose for
any violation of its laws. ,

Section 80. The town council may exempt from all municipal taxa-
ion bonds and other obligations of indebtedness issued by the town.
Section 81. The council shall have power to fix and collect water
rents, and make proper charges for light and power furnished and pro-
vided by the municipal power plants.

Section 82. The council shall not appropriate any part of any sink-
ing fund of its accrued interest thereon for any other objects or pur-
poses than that for which the said sinking fund is collected.

CHapTer 15—Tax LIENS, AND SO FORTH

Section 83. There shall be a lien on real estate for the town taxes
as assessed thereon from the commencement of the year for which they
were assessed. And the town council shall, by ordinance, require said
taxes to be paid in one installment at such time, and with a penalty
not in excess of ten per centum, as the said council may designate.
The council may require real estate in the town delinquent for the
non-payment of taxes or assessments, to be sold for said taxes and
assessments, with interest thereon from the time the same is delinquent,
at the rate of six per centum per annum, and ten per centum of the
amount of the tax to cover costs and charges, exclusive of costs attend-
ing the redemption thereof, as hereinafter provided, and may cause
a good and sufficient deed to be made to the purchaser.

Section 84. It shall be the duty of the treasurer of the town to
make out and deliver to the council at their regular meeting in July
in each year following the passage of this act, a list of all real estate
whereupon delinquent taxes or assessments are due and unpaid for
the previous year, and thereupon the treasurer of the town, under
the direction of the town council, and when so ordered by it, shall
sell said real estate and shall cause a notice of the time and place of
such sale to be published in a newspaper of general circulation in
the said town, for at least once a week for four consecutive issues
of the said paper or papers, previous to the day of the sale, and he
shall cause to be published, at the same time and for the same length
of time, a list of the several parcels of real estate delinquent for the
non-payment of assessments due and the amount of tax or assess-
ments due on each parcel.

Section 8414. The town council may by order direct the sale of
any property confiscated or otherwise coming into the possession of
the said town; and said sale to be held according to the terms of the
order directing the same; and the proceeds therefrom shall be paid
into the treasury of the said town.

Section 85. If such tax or assessment and the six per centum
interest and ten per centum costs and charges aforesaid be not paid
previous to the day for which said sale is advertised, or on some day
immediately thereafter to which said sale may be adjourned, the
treasurer shall proceed to make sale accordingly of said parcel of real
estate, or so much thereof as shall be necessary to satisfy the taxes,
interest and charges aforesaid, and the sale may be adjourned from day
to day until it shall be completed. On such sale the treasurer shall
execute to the purchaser a certificate of sale, in which the property
purchased shall be described and the aggregate amount of tax or assess-
ments with interest and costs specified; but the treasurer shall not for
himself, whether directly or indirectly, purchase any real estate so
sold; and such purchaser shall have the same rights and remedies
as purchasers at delinquent tax sales in Sussex county, and under the
State law.

Section 86. If at any sale no bids shall be made by any person
for any such parcel of land, or such bid shall not be equal to the tax
or assessment with interest and costs thereon, the same may be bid
in and purchased by the treasurer for the said town. On such sale
the treasurer shall execute to the town a certificate of sale in which the
property purchased shall be described and the aggregate amount of
taxes and assessments with interest and costs specified, and _ shall
deposit such certificates with the clerk of the council of the town.

Section 87. The treasurer shall, within thirty days after the sales
are completed, make a report of said sales, showing parcels of land
sold, the date of sale, the name of the purchaser, and the amount of
purchase money for each lot; this report shall, within the time afore-
said, be filed with the clerk of the council and by him recorded in
the book kept for the purpose.

section 88. The owner of any real estate so sold, his heirs or
assigns or any person having the right to charge such real estate for
a debt or otherwise interested therein may redeem the same by paying
the purchaser, his heirs or assigns, within two years from the sale
thereof, the whole amount paid by said purchaser, and such additional
tax. thereto as may have been paid by the purchaser, his heirs and
assigns, with interest thereon, at the rate of six per centum per annum
and reasonable costs; or, if purchased by the town with such addi-
tional sum as will have accrued for taxes thereon, if the same had not
been purchased by the town, with interest on the said purchase money
and taxes, at the rate of six per centum per annum from the time that
the same may have been so paid, or the same may be paid within the
said two years to the said town sergeant in any case in which the pur-
chaser, his heirs or assigns, may refuse to receive the same or may
not reside or cannot be found in the town.

Section 89. Any infant, insane person or persons in prison whose
real estate may have been so sold, or his heirs may redeem the same
by paying to the purchaser, his heirs or assigns, within two years from
the removal of their disability, the amount for which the same was
sold, with the interest and the costs aforesaid, and such additional
taxes on the real estate as may have been paid by the purchaser, his
heirs or assigns, or the appraised value of any improvements that may
have been made thereon with interest on the said item at the rate of six
per centum per annum, from the time they may have been made. Upon
such payment and the payment of such additional sums as may have
been incurred by the purchaser in obtaining a deed within two years
after the removal of such disability the purchaser, his heirs or assigns,
shall, at the costs of the original owner, his heirs or assigns, convey to
him or to them by deed with special warranty the real estate so sold.
Section 90. If any real estate so sold be not redeemed within the
time allowed for redemption, the purchaser of such real estate or his
assigns, may thereupon petition the mayor and council that the prop-
erty shall be conveyed to him and thereupon after due notice to the
party or parties, for whose delinquent taxes said real estate was sold,
and similar notice to the owner as shown by the records of the clerk’s
office of the circuit court of Sussex county either by personal service or
in the event personal service cannot be had by reason of non-residence
or disability of any kind, by publication for four consecutive weeks in
some newspaper published in the town, at the expense of the applicant,
the said council shall determine whether all the requirements as to the
assessment, the sale, the purchase, and the period of redemption shali
have been complied with; and if upon such inquiry it be ascertained
that the same has been regularly complied with, and that the purchaser
or his assigns is entitled to a conveyance of the said real estate, the
council shall direct the same to be conveyed by the clerk of the council
of the town. Where the purchaser has assigned the benefit of his pur-
chase, the deed may be with his consent evidence by his joining therein
or by writing annexed thereto be executed to his assignee. And if the
purchaser shall have died, his heirs or assigns may move the council
to order the clerk of the council of the town to execute a deed con-
veying the property to such heirs or assigns; such inquiry shall be
deemed conclusive as to the regularity of all proceedings connected
therewith, but nothing contained in this section shall apply to the real
estate purchased by the town at delinquent tax sales.

Section 91. If any real estate purchased by the town at delinquent
tax sales provided for in this charter, be not redeemed in accordance
with the provisions of this charter, the said town may acquire the fee
simple title thereto by the same proceedings prescribed in the preceding
section, and after deed shall have been obtained therefor, such real
estate may, subject to the provisions contained in the next section
hereof, be disposed of by the town in such mode as the council may
prescribe.

Section 92. When the purchaser of any real estate sold for taxes,
his heirs or assigns shall have obtained a deed therefor and within sixty
days from the date of such deed shall have caused same to be recorded,
such estate shall stand vested in the grantee in such deed, and his title
shall not be subject to defeat, except by showing that the real estate
was not subject to the taxes for which it was sold, or that the taxes
for the year for which it had been sold, had been paid.

CHAPTER 16—LoAns, BoNDs, AND SO FORTH

Section 93. The town council shall have the power and authority,
without reference to a vote of the people, to issue certificates of indebt-
edness, bonds or other obligations in anticipation of the collection of the
revenue of the town for the then current year; provided that such
certificates, bonds, or other obligations mature within one year from
the date of their issuance, and be not past due and do not exceed the
revenue for such year. ,

Section 94. The town council shall have the power and authority,
without reference to the vote of the people, to provide by ordinances
for the issuance of new bonds, for the redemption and liquidation of
any lawfully issued bonds, when they fall due, become subject to call,
or can for any reason be refunded or redeemed. Said new bonds shall
not exceed in amount, the original bonds to be redeemed, liquidated,
or refunded, may be registered, serial, or coupon, and shall be sold,
at not less than five per centum below par, to the highest bidder for
cash, provided no such new bonds shall bear a higher rate of interest
than six per centum per annum, and provided, further, that the pro-
ceeds of the sale of new bonds so issued shall be used only in the pay-
‘ment of the old bonds, which are subject to call, redemption or can
otherwise be refunded or redeemed. Such bonds shall be payable
in lawful money of the United States and a sinking fund shall be
created and maintained sufficient to redeem such bonds at maturity,
and shall be applied to such redemption and to no other purpose, pro-
vided, further, such short term notes or obligation of the said town
outstanding at the time this act goes into effect, may likewise be re-
funded into long term bonds under this section.

Section 95. And the council shall have the further power and
authority to borrow money in the name of the town and for its uses
and purposes whenever in the opinion of a majority of its members,
ascertained by a record affirmative vote of all members elected to
the council, it is to the best interests of the municipality to do so,
such borrowed money to be evidenced by the bonds, notes, or certifi-
cates of indebtedness of the said town duly executed by the mayor
thereof and attested by the clerk of the council, but the amount of the
indebtedness shall not exceed eighteen per centum of the assessed
valuation of the real estate therein subject to taxation as shown by the
last preceding assessment. The classes of debts mentioned under
section one hundred and twenty-seven of the Constitution in paragraphs
“a” and “b” thereof shall not be included in determining the indebted-
ness of the town. None of the obligations issued under this provision
shall be sold at less than five per centum below par, nor bear interest
at a rate exceeding six per centum per annum, and shall become due
and payable not exceeding thirty-four years from the date of their
issuances ; provided, however, no bonds, notes, or certificates of indebt-
edness shall be issued, under this provision unless and until the question
shall have first been submitted to the qualified voters of the town
whether or not such bonds, notes, or certificates of indebtedness shall
be issued, and the majority of the qualified voters participating in any
election held for such purpose shall have voted for such issuance.
The council shall call such election and fix the date thereof by ordi-
nance, copies of which shall be published in the local newspaper at
least once a week for three consecutive weeks before the date of such
election, and the regular election officials of the town shall conduct
the election provided for hereunder. The council shall make pro-
visions for the payment of interest on the bonds, notes, or certificates
of indebtedness so issued and shall provide a sinking fund for the
retirement thereof at or before maturity. The coupons shall be re-
ceived for town taxes.

CHAPTER 17—-GENERAL PROVISIONS

Section 96. All criminal and civil writs and process issued by the
mayor under the general laws of the State of Virginia shall run in
the name of the Commonwealth of Virginia, and all criminal and civil
writs or process issued by the mayor for the violation of or under
ordinances of said town shall run in the name of the town of Stony
Creek, and writs and process issued in the name of the town shall con-
form as near as may be to the form for similar writs and processes
issued under the general State laws.

Section 97. The jurisdiction of the corporate authorities of the
town in criminal matters except as otherwise provided by laws, and
for imposing and collecting a license tax on all shows, performances
and exhibitions, shall extend one mile beyond the corporate limits of
the town.

Section 98. Appeals and decisions rendered by the mayor shall
be to the circuit court of Sussex county when permitted or allowed,
and upon similar, and subject to like conditions as is provided by law
in such cases, unless otherwise provided for herein.

Section 99. If any section or provision of this act or any part of
any section shall be declared unconstitutional, the part so declared un-
constitutional shall cease to be operative, but the remainder of this act
and every section or part thereof not so declared unconstitutional shall
continue to be the law governing this town.

Section 100. In case of default on the part of any bonded municipal
officer, the town shall have the same remedies against him and his
sureties as are provided for the State in enforcing the penalty of any
official bond given to it.

Section 101. The same person shall be eligible to, and if elected,
or appointed, may hold a county office and a town office if the said
offices be of the same nature, at the same time; provided, such officer
lives within the town limits; and a person otherwise qualified who is
a resident of the said town shall be eligible to election or appointment
of any county office of Sussex county.

Section 102. Where by the provisions of this act or the general
laws of this State, the council has the authority to pass an ordinance,
resolution, or regulation on any subject, it may prescribe a penalty not
exceeding five hundred dollars or confinement in jail not exceeding
twelve months, or both, for the violation thereof, and any other form
of punishment provided for by the laws of this State for the pun-
ishment of misdemeanors.

Section 103. All ordinances now in force as the ordinances of the
town of Stony Creek in the town of Stony Creek not inconsistent with
this act shall be and remain in force until altered, amended, or repealed
by the town council.

Section 105. All acts or parts of acts in conflict with this act are
hereby repealed, but only insofar as they affect the provisions of
this act.

Section 106. An emergency is hereby declared to exist and this
act shall be in effect from and after the date of its passage.