Chap. 210.—An ACT to provide a new charter for the town of Clinchport, V irginia.

H B 197]
Approved March 16, 1940

1. Beit enacted by the General Assembly of Virginia, That the
own of Clinchport, in Scott County, as the same is now or shall be
aid off into lots, squares, streets and alleys, shall be and the same is
iereby, made a town corporate by the name of Clinchport, and by
hat name shall have and exercise all the powers conferred on towns
f less than five thousand inhabitants by the Code of Virginia and
he general law of the State and be subject to all the provisions of
aid Code and to all laws now in force, or which may hereafter be
nacted, in reference to the government of towns of less than five
housand inhabitants, so far as the same are not Inconsistent Wits
he provisions of this act.

9. The boundaries of said town shall be as follows: Beginning at
the mouth of branch on the north side of Clinch River below Humphry
Reed’s; thence northwest to R. A. Smith’s, near the mouth of Little
Stock creek; thence with the Clinchport improvement company’s line
yn top of the ridge to the said company’s northeast corner; thence
south to Clinch river; thence with meanders of said river to the
beginning.

3. That the officers of said town shall consist of a mayor, five
councilmen, a recorder and a sergeant. The mayor and councilmen
shall compose the council of said town. Said officers shall hold their
office for two years, and until their successors are duly elected and
qualified.

4. The said council shall have power to pass all by-laws and
ordinances for the proper government of said town, not in conflict
with the Constitution and laws of the State of Virginia and the
Constitution and laws of the United States. They shall have power,
unless prohibited by general law, to impose a license tax upon all
business upon which the State imposes license, or which is provided
by law, and its officers shall have such power to collect the same as a
State officer would have in like case; and to levy annually on property
subject to local taxation under general law such taxes as it may deem
necessary for the purposes of the town; provided that such levy shall
not exceed $1.50 (one dollar and fifty cents) on the one hundred
dollars’ valuation of property.

5. The mayor shall be president of the council, but shall have
no vote, except in case of a tie and shall be chief magistrate of the
town, and as such shall see that the ordinances and by-laws of said
town are faithfully executed, and that the various officers of the town
faithfully discharge their duties. He shall be vested with full powers
of a justice of the peace, civil and criminal, within the corporate
limits, and one mile beyond and outside of the same; and shall, in
addition, have such other powers and perform such other duties as
are now or may be hereafter prescribed for mayors of towns of less
than five thousand inhabitants.

6. The recorder shall keep an accurate record of all the pro-
ceedings of the council, its by-laws, acts and ordinances, which shal
be open at all times to the inspection of any voter in the town, anc
the recorder shall be ex-officio treasurer of said corporation, giving
such bond, performing such duties and receiving such compensatior
as shall be prescribed by the council; he shall make out tax bills upor
the estimates of property, when ordered by the council, and delive:
the same to the sergeant for collection and also administer oath o
office to any officer of the corporation.

7. The sergeant shall be vested with the powers of a conservato
of the peace and with the powers of a constable within the limits 0
said town. He shall collect all town levies and have power to dis
train and sue therefor, in like manner as a county treasurer Ma’
distrain and sue for State taxes. He shall have power to arrest i
said town or within the county of Scott upon a warrant issued by
the mayor, any person charged with a violation of the laws or ordi
nances of said town for the commission of any crime in said town o
within a mile of its corporate limits. When a violation of the law:
or ordinances of the said town is committed in his presence he shal
have authority and power to forthwith arrest the offender and carry
him before the mayor of said town, to be dealt with according to law
He shall perform such other duties and receive such compensation a:
the council may prescribe.

8. That until the election hereinafter provided for, and unti
their successors in office shall be duly elected and qualified, James H
Miller shall be mayor, Paul Dunn shall be recorder, Etta Palme:
Carter shall be treasurer, and W. H. Neely, E. D. Fugate, E. M
Rhoton, J. N. Kelly, J. Dudley Ford shall be councilmen of said town.
The election of said officers shall take place on the second Tuesday
of June, anno domini nineteen hundred and forty-one, and every twe
years thereafter, said election to be conducted in the manner pre-
scribed by law.

9. Should any of the above-designated officers fail to act, it shall
be the duty of the circuit court of Scott county, or the judge thereot
in vacation, to appoint some other resident voter of said town to act
as such until his successor shall be duly elected and qualified.

10. The authorities of said town shall have the use of the county
jail of Scott county for the safe-keeping and confinement of all persons
who shall be sentenced to imprisonment under the ordinances of said
town; and whenever judgment shall be rendered against any person
for fines, and such person has no visible effects which the sergeant
may distrain or sell therefor, such person may be compelled to work
out such fine on the public streets or other improvements, and to
suffer, in addition such terms of imprisonment as may be prescribed
py the ordinances of said town.

11. The council of said town shall have power to appoint one or
more policemen for said town, who shall be vested with the powers
of a conservator of the peace, and shall have the same powers of
irrest as the sergeant of said town, and whose compensation shall be
ixed by the said council.

12. No debt or liability shall be incurred by said town, nor any
aim or allowance made to any officer of said town, or any other

erson in excess of the taxation permitted to be imposed by this
harter.