Chap. 373.—An ACT to amend and reenact Chapter 143 of the Acts of Assembly
of 1908, approved March 5, 1908, and being the charter of the town of Hay-
market by setting out an accurate description of its boundaries. [H 553]

Approved March 31, 1948

Be it enacted by the General Assembly of Virginia:

1. That chapter one hundred forty-three of the Acts of Assembly
of nineteen hundred eight, approved March fifth, nineteen hundred eight,
and being the charter of the town of Haymarket be amended and reen-
acted as follows:

Section 1. The town of Haymarket, in Prince William county, shall
be and the same is, hereby made a town corporate by the name of Hay-
market, and the same shall have and exercise all the powers conferred
by general law on towns of less than five thousand inhabitants, and be
subject to all laws now in force, or which may be hereafter enacted, in
reference to the government of towns of less than five thousand inhabi-
tants, so far as the same are not inconsistent with the provisions of
this act.

Section 2. The limits of said town shall be as follows:

Beginning in the center of John Marshall Highway (Virginia State
Route 55) a distance of 2,241.57 feet northwesterly from a pipe driven
into the said highway where it intersects Carolina Road (State Route
625); thence North 35 degrees 21 minutes 25 seconds East, with
Peters, 1,800 feet (passing through a concrete marker at 40.07 feet) to
a concrete marker; thence, with Peters, Robinson (or Robertson),
Thomas, King, and Jordan, South 57 degrees 31 minutes 39 seconds East,
4,474.04 feet crossing Carolina Road (Virginia State Route 625) and
passing through concrete markers at 1,855.82 feet and 1,892.42 feet
respectively, to a concrete marker; thence, with Jordan, Prince William
County School Board and Stanton, South 35 degrees 21 minutes 25
seconds West, a distance of 3,500 feet crossing John Marshall Highway
(Virginia State Route 55) and passing through concrete markers at
1,599.78 feet and 1,680.22 feet respectively to a concrete marker just
southwesterly from the Southern Railway Company’s right-of-way;
thence, with Stanton, Bleight, Tyler, and Rust, South 58 degrees 09
minutes 59 seconds West, 4,476.84 feet crossing Carolina Road (Virginia
State Route 625) just northeasterly from a bridge and passing through
concrete markers at 1,671.11 feet and 1,711.61 feet, respectively to a
concrete marker, and thence with Rust and Fletcher (following the old
Clarkson line) North 35 degrees 21 minutes 25 seconds East, a distance
of 1,750 feet crossing the Southern Railway Company’s right-of-way at
about 800 feet and passing through a concrete marker at 1,709.93 feet to
the place of beginning, containing 361.59288 acres, more or less, accord-
ing to a survey based on true bearings made by R. J. Ratcliffe, Surveyor
of Prince William County, Virginia.

Section 3. The officers of said town shall consist of a mayor and
six councilmen, a clerk and sergeant, and such other officers that may
be deemed necessary to enforce the ordinances of said town and the laws
of the State of Virginia, all of whose compensation shall be fixed by the
council, but whose compensation shall be fixed by the council before the
officer chosen or elected shall assume the duties of his office.

Section 4. Until an election is held on the second Tuesday in June,
nineteen hundred forty-eight, as provided by the Constitution of the State
of Virginia, M. Fewell Melton shall be mayor and Wade C. Payne, E.
B. Roland, W. A. Allison, Brownie B. Tulloss, Mary H. Price and James
R. Gossom shall be councilmen, and the council shall have power to
appoint, upon the qualification of the council, a clerk or recorder and a
sergeant, whose compensation shall be such as shall be fixed by the coun-
cil before their appointment and qualification. The term of their respective
appointments shall be for the term of the council and until their successors
have been appointed and qualified. The council shall have the power to
prescribe their duties and require such bond as may be deemed proper
and sufficient. In addition to the duties prescribed by the council, the
clerk and sergeant shall perform all the duties now required of such
officers by the laws of the State of Virginia.

Section 5. Should any of the of hereby appointed refuse, or fail
to accept, or refuse to qualify within thirty days after the passage of this
act, then it shall be the duty of the mayor, and a majority of the council,
as may accept and qualify, to fill such vacancy by appointment until the
election provided for in the fourth paragraph of this act.

Section 6. In addition to the powers conferred specifically upon said
town, the council shall have power to lay off streets, walks or alleys; alter,
improve and light the same, and have them kept in good order ; to provide
all buildings proper for the use of said town; to provide a prison house,
to prevent injury or annoyance from anything dangerous, offensive or
unhealthy, and cause any nuisance to be abated ; to provide in or near the
town water works and places for the interment of the dead; to make
regulations concerning the building of houses in said town; on petition
of the owners of not less than two-thirds of the ground included in any
square, to prohibit the erection in such square of any building, or an addi-
tion to any building more than ten feet high, unless the outer walls thereof
be made of brick and mortar or stone and mortar, and provide for the
removal of any building or addition erected contrary to such prohibition.
For carrying into effect these and other powers, the said council may
make ordinances and by-laws, and prescribe fines or other punishment
for violation thereof, appoint a collector of its taxes and levies, and such
other officers as they may deem proper, define their powers, prescribe
their duties and compensation, and take from any of them a bond, with
sureties, in such penalty as the council may deem fit, payable to the town
by its corporate name and with condition for the faithful discharge of
their said duties.

Section 7. The said council shall also have power to impose a specific
license tax on all shows, performances, and exhibitions, which may be
given in said town (except schools, religious and literary entertainments).
Shall also have power to impose a specific tax for the sale of merchandise
that may be offered for sale in said town, provided the same shall not
exceed that now imposed by law and payable into the State treasury, and
to levy annually such taxes as may be deemed necessary on all real and
personal property within said town for the purpose of said corporation,
provided, that the jurisdiction of said town in criminal matters shall
extend one mile beyond the corporate limits of said town.

Section 8. The said council shall have power to pass by-laws or
ordinances for the proper government of said town, not in conflict with
the Constitution and laws of the State of Virginia, or the Constitution
and laws of the United States.

Section 9. In consideration that the said town shall work and keep
in order all streets, alleys and roads within its corporate limits, the resi-
-dents and property therein shall be exempt from the payment of all county
and district road taxes heretofore or hereafter charged and levied against
the same.

Section 10. For the purpose of carrying into effect the police regula-
tions of said town it shall be allowed the use of the county jail at
Manassas, for the safe keeping and confinement of all prisoners, who
shall be sentenced to imprisonment, under the ordinances of said town,
until the said town shall have erected a jail or guard house of its own, and
when any person is committed to said jail the sheriff of said county, or its
jailer, shall be entitled to the same fee for receiving, discharging and
maintaining said prisoners as now allowed by law. Where any judgment
shall be rendered against a prisoner for any penalty, under any ordinance
of said town, and the same is not immediately paid, the person, or persons,
so in default may be required by order of the mayor, so passing sentence,
to work out such fines or penalties and the cost of prosecution, on the
public roads, streets or alleys in said town, at fifty cents per day, under
the direction of the sergeant and under such rules and regulations as may
be deemed proper by the council.

Section 11. The mayor of said town shall try and dispose of all
offenses committed within said town against the ordinances thereof and
shall receive therefor such fees as are now allowed or may hereafter be
allowed to a justice of the peace for like services, such fees to be paid
into the town treasury and become town funds, and in addition to the
powers herein granted shall be clothed with all the power and authority
in criminal and civil matters of a justice of the peace under the laws of
the State of Virginia.
Section 12. The sergeant of the town shall collect all licenses and
taxes due the town and receive therefor, in addition to such compensation
as may be allowed by the council, a commission of five per cent on all
amounts collected by him; and when so collected, shall be paid out only
upon the order of the council.

Section 13. In addition to the powers and duties herein imposed
the town shall have the same authority to enforce the by-laws of the town
and for the general welfare of its citizens as now authorized under the
general laws of the State of Virginia relating to the government of towns
of less than five thousand inhabitants.

2. An emergency exists and this act is in force from passage.